Agenda packet, first session — Orange City Council, June 11, 2024 (part 2 of 2)

Agreement, and Model Food Recovery Agreement. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, program development, SB 1383 Gap/Performance Analysis, SB 1383 contract and report management, and engagement in the regulatory process.

3. We identify the individual needs of our clients and their communities. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable community parties to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers.

Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H’s team includes staff that have worked closely with both City staff and CR&R to implement the City’s SB 1383 programs and understand the City’s unique attributes that impact SB 1383 implementation.

4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.

Thank you for the opportunity to provide you with this information. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Haley Kunert at (949) 251-0930 or [email protected]
.

Very truly yours,

HF&H CONSULTANTS, LLC

Laith Ezzet, CMC Haley Kunert
Senior Vice President Senior Project Manager

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SECTION 1: SCOPE OF WORK
Task 1: SB 1383 Gap Analysis
Task 1A. Engagement Initiation
HF&H will initiate the engagement by conducting a meeting with the City to confirm the needs and desires of the City with respect to SB 1383 compliance approaches. This will ensure that recommendations and options developed align with the City’s overall desired strategy for achieving compliance.

Task 1B. Request for Information
HF&H will prepare a request for information for data necessary to conduct the analysis. HF&H will facilitate a conference call with the City to discuss the request for information and agree on timelines for delivery of that information, along with HF&H’s work products dependent on it. The RFI may include, but not be limited to:
• Implementation Record
• Electronic Annual Reports
• Franchise agreement and amendments, if any
• Municipal code sections related to solid waste, recycling, and organics • Purchasing policy
• City organization Chart
• Tonnage reports submitted by the waste hauler
• Customer subscription levels and tier 1 and tier 2 annual food recovery reports and lists (to be provided by waste hauler)
• City facility solid waste service levels
• Large events and venues
• Non-profits and third parties providing food recovery service Task 1C. Community Programs Review
The City will receive an analysis of the current organics collection programs for compliance with regulatory requirements (including processing, food recovery, education and outreach , and reporting under SB 1383). The City will benefit from our proven SB 1383 analysis tools, which have been reviewed by CalRecycle, including our compliance checklists and responsibility matrix. These proven tools efficiently assess compliance with SB 1383, identify gaps in programs, synthesize the data, and inform decisions about who to assign responsibility for the various compliance requirements. These tools are helpful working documents for use in the Implementation Record required by SB 1383. If there are questions or concerns surrounding a program’s compliance, HF&H will obtain clarification from CalRecycle’s SB 1383 Manager, or other CalRecycle representatives, as necessary. The City will benefit from our strong working relationship with CalRecycle and our deep knowledge of compliance issues, which has been developed across multiple engagements with CalRecycle, including our project of assisting CalRecycle with the development of tools for local government implementation of SB 1383.

Task 1D. Internal Operations Review
While SB 1383 is a shared -responsibility bill providing opportunity for delegation of requirements to franchisees, there are numerous requirements that may not be reasonably delegated, such as 249
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procurement of recovered content paper, issuing fines, and amending ordinances. HF&H will evaluate the City’s internal operations in order to identify gaps in performance or service compared to SB 1383 requirements. This analysis will primarily focus on re quirements for service, purchasing, education, outreach, and reporting.

Task 1E. Baseline Analysis Report and Meeting
Based on the information gathered and work performed in Tasks 1A through 1D, HF&H will facilitate a meeting to articulate the extent to which current programs, internal operations, and infrastructure comply. HF&H will discuss the relative advantages of various compliance pathways, and seek City direction on which programs they would like to consider. We will document the discussion and direction provided in annotated meeting notes on the baseline conditions report.

Task 1F. Additional Implementation Record Analysis
Using the information gathered and work performed in Tasks 1A through 1D, HF&H will further review the City’s Implementation Record for completion, accuracy, and compliance with the recordkeeping requirements of SB 1383. This analysis will assess file access and sharing permissions for external users in preparation for an SB 1383 compliance review from CalRecycle. The City will receive a separate document outlining the compliance status of each record required to be maintained in the City’s Implementation Record.

Deliverables
The City will receive a baseline conditions report and one meeting with HF&H to review current compliance status and potential solutions to be considered. Additionally, we will provide a memorandum of the findings for the additional Implementation Record Analysis in Task F.

Task 2: SB 1383 Self-Haul Program Development
HF&H will review the City’s current Self-Haul arrangements and develop an SB 1383 compliant Self-Haul program including permit application forms, process description, notification letters, and tracking sheet.

To achieve this, HF&H will:
• Conduct a kick-off meeting with jurisdiction staff (include relevant executives as necessary) • Prepare RFI for review of current waiver and self-haul documentation. • Review the City’s current Self-Haul Ordinances, internal policies, public-facing forms, and other relevant support files for SB 1383 compliance.
• Draft a “Summary Analysis” for program gaps, and best management strategies for monitoring/reporting.
• Provide summary recommendations for an update to programs and/or ordinances, if needed. • Develop permit application forms, process description, notification letters, and tracking sheet.

Task 3: SB 1383 Commercial Self-Haul Program Implementation and Monitoring After completing Task 2, HF&H will provide additional support to implement the updated Self-Haul program. To achieve this, HF&H will:
• Gather readily available information from CR&R or the City’s SB 1383 software regarding customers that have refused to sign-up for SB 1383 services because they stated they would self-haul the material.
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• Develop an action plan to address non-compliant generators that noted they are self-hauling but the City has not received supporting documentation of compliant SB 1383 programs. • Conduct a meeting with City staff and CR&R with recommendations on how to implement the action plan.
• Review outreach prepared by City and CR&R to determine if the self-haul outreach requirements are covered.
• As project budget allows, provide limited virtual technical assistance to help non-compliant generators comply with SB 1383 generator requirements related to the self-haul requirements.

Task 4: On-Call Support
HF&H will assist with various SB 1383 diversion related inquiries and miscellaneous tasks that arise from time to time to the extent the project budget supports a request. These tasks will include legislative research, compliance tracking and reporting, and providing general solid waste, recycling, and organics liaison assistance.
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SECTION 2: FEE PROPOSAL
We will perform the scope of work based on time and materials, up to the limit of the available budget.

We understand, based on the City’s response to the estimate for the services discussed on April 10, 2024, the City’s anticipated budget for these services is not to exceed $90,000. We will bill the City once per month based on the number of hours worked and expenses incurred. See Table 1 below for detailed cost estimates of each task. Payment is due within 30 days of invoicing. Hourly rates are shown below.

Professional Fees
Hourly rates for professional and administrative personnel through June 30, 2025, are as follows:

Position Rate
Executive $329 - $360
Senior Project Manager $300 - $325
Project Manager $260 - $295
Senior Associate $220 - $259
Associate Analyst $190 - $210
Assistant Analyst $165 - $185
Administrative Staff $125 - $165

*Hourly rates adjust each July 1 by 3.5%.

Direct Expenses
Standard charges for common direct expenses are as follows:

Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual cost 252
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Table 1: Estimated Workplan for City of Orange*
Sr. Vice
President
Sr. Project
Manager
Sr.

Associate Assistant Total Hours

1. SB 1383 Gap Analysis & Implementation Record Review
Task 1 Hours 8 20 46 58 132 Task 1 Fees 2,880$ 6,080$ 11,132$ 9,860$ 29,952$

2. Task 2 Hours 4 10 18 34 66 Task 2 Fees 1,440$ 3,040$ 4,356$ 5,780$ 14,616$

3. Task 3 Hours 4 10 38 96 148 Task 3 Fees 1,440$ 3,040$ 9,196$ 16,320$ 29,996$

4. Task 4 Hours 2 16 22 24 64 Task 4 Fees 720$ 4,864$ 5,324$ 4,080$ 14,988$ Total Hours 18 56 124 212 410 Hourly Rate 360$ 304$ 242$ 170$ Subtotal 6,480$ 17,024$ 30,008$ 36,040$ 89,552$ Expenses 448$
Total Fees and Expenses 90,000$
* Hours may be shifted among tasks
Task Description
SB 1383 Self-Haul Program Development
SB 1383 Self-Haul Program Implementation and Monitoring On-Call Support

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Agenda Item
City Council
Item #: 3.7. 6/11/2024 File #: 24-0363
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project; authorization to advertise for Bid No. 23-24.38 (D-182); and finding of California Environmental Quality Act exemption.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost including design, contingencies, and construction engineering is $575,000.

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 23-24.38, Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City of Orange Public Works Department applied for the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transportation Authority (OCTA). This is a competitive grant program for cities within Orange County. It helps to protect beaches and waterways from transportation pollution and to improve water quality. The City has been awarded $436,000 for installing a hydrodynamic separator, connector pipe screen units (CPS), and full trash capture (FTC) units.

The project collects drainage from a total of 214 acres composed of commercial businesses, bus stop locations, light manufacturing, industrial manufacturing, recreational open space, multi-family homes, and single-family homes. These areas combine to generate potentially significant amounts of City of Orange Printed on 6/5/2024Page 1 of 2
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Item #: 3.7. 6/11/2024 File #: 24-0363
homes, and single-family homes. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has reviewed various options to control trash and debris.

Based on the Orange Municipal Code, the City can enforce littering, nuisances, and weekly street sweeping program. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed hydrodynamic separator is a Continuous Deflection Separator (CDS) unit. It helps to address this deficiency by capturing trash, debris, and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The CDS unit will be placed on Glassell Street, north of Brentwood Avenue. The proposed connector CPS units and FTC units also help to address this deficiency by capturing trash, debris, and other pollutants within each catch basin. CPS units will be installed in 11 catch basins and FTC units will be installed in two grate inlets on Glassell Street and La Veta Avenue.

The total project cost is estimated at $575,000, including 5% for design and 15% for construction engineering and contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts.

Construction is scheduled to begin in August 2024 and is expected to be completed by February 2025. Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities) because the project involves installation of storm water treatment features to the existing storm drain system and does not increase system capacity or otherwise expand the existing use. No public review is required.

8. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.7. 6/11/2024 File #: 24-0363
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 23-24.38, Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

The project collects drainage from a total of 214 acres composed of commercial businesses, bus stop locations, light manufacturing, industrial manufacturing, recreational open space, multi-family homes, and single-family homes. These areas combine to generate potentially significant amounts of City of Orange Printed on 6/5/2024Page 1 of 2
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Item #: 3.7. 6/11/2024 File #: 24-0363
homes, and single-family homes. These areas combine to generate potentially significant amounts of leaves, trash, and other debris. The City has reviewed various options to control trash and debris.

Construction is scheduled to begin in August 2024 and is expected to be completed by February 2025. Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
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Glassell St. & La Veta Ave. WQSD Improvement - Location Map 1 5/28/2024, 5:36:34 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
LEGEND
= Hydrodynamic Separator Construction Area
= Connector Pipe Screen Installation
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Glassell St. & La Veta Ave. WQSD Improvement - Location Map 2 5/28/2024, 5:38:51 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
LEGEND
= Connector Pipe Screen Installation
= Full Trash Capture Basket Installation
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Agenda Item
City Council
Item #: 3.8. 6/11/2024 File #: 24-0347
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Water Division Bin Storage Cover Project; Bid No. 22-

23.24. 2. SUMMARY
The City of Orange entered into a contract with U.S. Builders and Consultants, Inc. for the construction of the Public Works Department Water Division Bin Storage Cover. The scope of work consisted of demolition of existing bin storage structure and construction of new concrete wall and slab with metal frame, roof, and gutter. The project was completed in May 2024 to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept the Water Division Bin Storage Cover Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.8. 6/11/2024 File #: 24-0347
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Water Division Bin Storage Cover Project; Bid No. 22-

3. RECOMMENDED ACTION

1. Accept the Water Division Bin Storage Cover Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[S pace above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE

NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Water Division Bin Storage Cover Project (Bid No. 22-23.24; W-724)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on June 11, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was U.S. Builders and Consultants, Inc., a California corporation, with its principal office at 126 Desert Lotus, in the City of Irvine, State of California.

The name of the surety on the Labor and Material Bond for the Project is Great Midwest Insurance Company (Bond# GM212249) in the amount of $581,240.00.

DATED as of the 11th day of June, 2024. CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 11th day of June, 2024 at Orange, California.

Daniel R. Slater, Mayor of the City of Orange

I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk of the City of Orange
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Agenda Item
City Council
Item #: 3.9. 6/11/2024 File #: 24-0349
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Steel Streetlight Replacement, Fiscal Year 2021-2022 Project; Bid No. 21-22.36 (SP-4196).

2. SUMMARY
The City of Orange entered into a contract with California Professional Engineering Inc., to furnish and install 22 Streetlight poles, at various locations throughout the City. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION

1. Accept Steel Streetlight Replacement, Fiscal Year 2021-2022 Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.9. 6/11/2024 File #: 24-0349
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Steel Streetlight Replacement, Fiscal Year 2021-2022 Project; Bid No. 21-22.36 (SP-4196).

3. RECOMMENDED ACTION

1. Accept Steel Streetlight Replacement, Fiscal Year 2021-2022 Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Steel Streetlight Replacement, Fiscal Year 2021-2022 project (Bid No. 21-22.36; SP-4196)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E.

Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on June 11, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations throughout the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were California Professional Engineering, a California corporation, with its principal office at 19062 San Jose Avenue, La Puente, State of California.

The name of the surety on the Labor and Material Bond for the Project is The United States Fire Insurance Company, Delaware (Bond No. 6131044602) in the amount of $411,012.00.

DATED as of the 11th day of June 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 11th day of June 2024 at Orange, California.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.10. 6/11/2024 File #: 24-0367
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1307-22 to change the Zoning Classification from Commercial Professional (C-P) to Residential Multiple Family (R-3) on a 2.71-acre site located at 901 E. Katella Avenue. Ordinance No. 13-24

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 28, 2024.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, Slater
NOES: None
ABSENT: Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 13-24.

4. ATTACHMENTS
· Ordinance No. 13-24
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Agenda Item
City Council
Item #: 3.10. 6/11/2024 File #: 24-0367
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on May 28, 2024.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, Slater
NOES: None
ABSENT: Gutierrez

3. RECOMMENDED ACTION
Adopt Ordinance No. 13-24.

4. ATTACHMENTS
· Ordinance No. 13-24
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ORDINANCE NO. 13-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING ZONE CHANGE NO. 1307-22

TO CHANGE THE ZONING CLASSIFICATION FROM

COMMERCIAL PROFESSIONAL (C-P) TO
RESIDENTIAL MULTIPLE FAMILY (R-3) ON A 2.71-
ACRE SITE LOCATED AT 901 E. KATELLA AVENUE
ZONE CHANGE NO. 1307-22
APPLICANT: INTRACORP HOMES, EMILIE SIMARD
WHEREAS, the City Council has authority per Orange Municipal Code (“OMC”) Section

17.10.020 and Government Code Section 65850 to adopt ordinances amending the City’s Zoning Ordinance and to approve Zone Changes; and
WHEREAS, the application for Zone Change No. 1307-22 was filed by Intracorp Homes, Emilie Simard in accordance with the provisions of the OMC for a proposal to redevelop a vacant AT&T facility with 48, two-and three-story single-family small lot homes, open space recreation areas, guest parking, and related site improvements on a 2.71-acre site located at 901 E. Katella Avenue (“Project”); and
WHEREAS, the application for Zone Change No. 1307-22 was processed in the time and manner prescribed by state and local law; and
WHEREAS, applications for Mitigated Negative Declaration No. 1882-22, General Plan Amendment No. 0004-22, Tentative Tract Map No. 0051-22, Major Site Plan Review No. 1111- 22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23 were filed concurrently with Zone Change No. 1307-22; and
WHEREAS, the City Council adopted Mitigated Negative Declaration No. 1882-22 and associated Mitigation Monitoring and Reporting Program, which was prepared to analyze potential environmental impacts of the Project, including Zone Change No. 1307-22 (“Zone Change”); and WHEREAS, the City Council adopted Resolution No. 11553 adopting Mitigated Negative Declaration No. 1882-22, and approving General Plan Amendment No. 0004-22, Tentative Tract Map No. 0051-22, Major Site Plan Review No. 1111-22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23 for a proposal to redevelop a vacant AT&T facility with 48, two-and three-story single-family small lot homes, open space recreation areas, guest parking, and related site improvements on a 2.71-acre site located at 901 E. Katella Avenue (“Project”); and
WHEREAS, the Design Review Committee conducted a duly noticed public meeting on December 6, 2023, continued to February 7, 2024, and then again to February 21, 2024, and on that latter date, considered public comments and recommended denial of the project by a 5-2 vote; and
268
2 WHEREAS, the Planning Commission conducted a duly advertised public hearing on March 18, 2024, considered public comments, and recommended denial of the project by a 4-2 vote, including Zone Change No. 1307-22, to the City Council; and WHEREAS, the City Council conducted a duly advertised public hearing on May 28, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to the project, including Zone Change No. 1307-22.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:

SECTION I:

The existing zoning is depicted on the map attached hereto as Exhibit “A” and incorporated herein by reference. Section 17.06.030 of the Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the site as depicted on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION II:

1. The proposed Zone Change from Commercial Professional (C-P) to Residential Multiple Family (R-3) makes the project’s zoning consistent with the Medium Density Residential General Plan (MDR) land use designation established by the project’s General Plan Amendment No. 0004-22, as required by law (Government Code Section 65860).

2. Table LU-3 in the General Plan Land Use Element indicates that residential zoning districts, including the R-3 and R-4 zones are compatible with the MDR General Plan land use designation established by the project’s General Plan Amendment No. 0004-22.

3. The R-3 zoning and implementation of the Small Lot Subdivision Development Standards allows a small lot residential development use and physical development conditions that are generally compatible with the Single Family Residential, 7,000 square foot lot (R-1-7) zoning to the north, Residential Multiple Family (R-3) zoning to the east, and Commercial Professional (C-P) zoning to the east, south, and west which accommodates residential uses, a mix of retail and service commercial uses, and professional offices. The zoning supports the pattern of residential development east and west of the site on Katella Avenue.

SECTION III:

The proposed Zone Change described in Section I is related to the public welfare, is consistent with the accompanying Mitigated Negative Declaration No. 1882-22, General Plan Amendment No. 0004-22, Tentative Tract Map No. 0051-22, Major Site Plan Review No. 1111- 22, Design Review No. 5092-22, and Administrative Adjustment No. 0293-23, filed herewith, and furthers the objectives and policies of the General Plan as is more specifically set forth in Resolution No. 11553, which is incorporated by reference as though fully set forth herein.

The proposed Zone Change from Commercial Professional (C-P) to Residential Multiple Family (R-3) would make the proposed zoning classification consistent with the proposed General 269
3 Plan land use designation. The Project would meet the Small Lot Subdivision Development Standards for the R-3 zone with approval of Administrative Adjustment No. 0293-23 for a 10% reduction to the drive aisle entry widths on Katella Avenue and Cambridge Street.

SECTION IV:

Mitigated Negative Declaration No. 1882-22 was prepared to evaluate the physical environmental impacts of the proposed Zone Change and associated development project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and the City of Orange Local CEQA Guidelines. No land use impacts have been identified in the Mitigated Negative Declaration. The Mitigated Negative Declaration finds that the project will have less than significant impacts to the environment, with the implementation of Project Design Features relating to Air Quality and Noise, and Mitigation Measures related to Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation/Traffic, and Tribal Cultural Resources therein.

SECTION V:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary of the same to be published as required by law. This Ordinance shall take effect thirty (30) days from the date of adoption.

ADOPTED this day of , 2024.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
270
4 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 28th day of May, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2024 and was duly passed and adopted by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
271

EXHIBIT A
Existing Zoning Map
272

EXHIBIT B
Proposed Zoning Map
273
Agenda Item
City Council
Item #: 3.11. 6/11/2024 File #: 24-0159
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.

2. SUMMARY
Purchase of ballistic vests and helmets from U.S. Armor Corporation using Cooperative Purchasing Agreement from the General Services Administration, Contract No. GS-07F-072DA. This purchase allows for the continuation of ballistic vests and helmets for Fiscal Year 2024-2025.

3. RECOMMENDED ACTION
Approve the Fiscal Year 2024-2025 purchase of ballistic vests and helmets from U.S. Armor Corporation for $60,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $60,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Police Department Training Division is responsible for issuing body armor that meets or exceeds the standards of the National Institute of Justice. Currently, the department purchases the Enforcer 6000 series for ballistic vests and Combat helmets exclusively from U.S. Armor Corporation (US Armor). Approved vests are issued to new incoming officers and replace expired vests. US Armor is the sole manufacturer of the Enforcer 6000 and does not depend on the use of distributors which helps maintain the cost of vests. Additionally, US Armor offers on-site fittings as all vests are custom made. US Armor is headquartered in Santa Fe Springs, California and is also an authorized dealer awarded a General Services Administration (GSA) Contract No. GS-07F-072DA, offering “better- than” GSA pricing.

The Police Department is requesting the continuation of ballistic vests and helmets during Fiscal Year 2024-2025 from US Armor for a total amount of $60,000.

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7. ATTACHMENTS
· GSA Amendment GS-07F-072DA
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Agenda Item
City Council
Item #: 3.11. 6/11/2024 File #: 24-0159
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.

3. RECOMMENDED ACTION
Approve the Fiscal Year 2024-2025 purchase of ballistic vests and helmets from U.S. Armor Corporation for $60,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $60,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The Police Department is requesting the continuation of ballistic vests and helmets during Fiscal Year 2024-2025 from US Armor for a total amount of $60,000.

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7. ATTACHMENTS
· GSA Amendment GS-07F-072DA
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1.CONTRACT ID CODE

PAGE OF PAGES
|

AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE

REQUISITION NUMBER

5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE

7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code)

(X)

9A AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

is extended

is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning _______ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers.FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b). Type of contract modifications Unilateral

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

IMPORTANT:

Contractor:

X
is not

is
required to sign this document and return ___ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

__________________________________
(Signature of person authorized to sign)
15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

By _____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED

PO-0004
General Services Administration
FAS, Greater Southwest Acquisition Center (7FC)
819 Taylor Street, Rm 6A06
Fort Worth, TX 76102
GSA/FAS/QV0CE
77 FORSYTH ST SW
ATLANTA, GA 30303
U.S. ARMOR CORPORATION
10715 BLOOMFIELD AVE

SANTA FE SPRINGS, CA 906703913
GS-07F-072DA
Feb 02, 2016

X See Block 13 Notes...
a. The option is hereby exercised to extend the term of the contract. The period of performance is from 02/02/2021 to 02/01/2026.
b. The pricing during this option period (unless modified IAW other contract terms) will be based on the following approved price list(s):

U.S. Armor 2020 Price List, effective December 2020, Modification PS-0008, dated 12/8/20 Continue next page...
1 2
Feb 02, 2021 MAS
GSA Initiated Mod
Loren S Kolba
Signature Not Required Signed electronically See above Dec 09, 2020

PREVIOUS EDITION UNUSABLE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
278
Continuation of Description...
c. The price discount relationship remain as follows:

U.S. Armor Corporation s Most Favored Customers (MFCs) and the Basis of Award (BOA) for this contract are DEALERs. The price/discount relationship between the Government and MFC will never be less favorable to the Government (GSA) than at the time of award, that is: For the life of the contract, the Government s basic discount will never be less than 54% and will always be at least 54% greater than the 50% discount granted to the MFC, which are DEALERs.
d. The Economic Price Adjustment (EPA) Clause 552.216-70 applies to all items on this contract.
e. The current terms and conditions in effect for this option period are as follows:

Basic Discount: GSA 54%
Quantity Discount: 2% (10-19 units); 4% (20 + units)
Shipping Terms: Origin, Freight Prepaid and Add
Prompt Payment Discount: Net 30
Minimum Order: None
Delivery (Days ARO): 30 DARO
Delivery (Expedited): 21 DARO
Warranty: The manufacturer s Standard Commercial Warranty applies. 5 Years -Ballistic Panels 18 Months Machine Washable Carriers, and 3 years on Non Removable Permanent Covers
Return Policy 60 Day Fit Guarantee with a Restocking Fee of 15% After 60 Days f. This modification incorporates the re representation of size status (FAR 52.212-3( c ) into this contract.
g. The Industrial Funding Fee (IFF) is a separate collection mechanism and any increase or decrease in the fee does not change the price discount relationship stated above. The current IFF is .75% and should be calculated as follows:

Negotiated price divided by (1 minus .0075) which equates to Negotiated price divided by

0.9925. Example: ($100,000 / 0.9925) = $100,755.67
This modification is issued at no cost to either party.

All other terms and conditions remain in effect as originally accepted or subsequently changed by modification.
279
Block 13 Notes
--------------
Block 13.D:

I-FSS-163, Option to Extend the Term of the Contract (Evergreen) 280
Agenda Item
City Council
Item #: 3.12. 6/11/2024 File #: 24-0272
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of water meters from Ferguson Waterworks as the sole authorized distributor of Neptune Technology Group, Inc. in the State of California.

2. SUMMARY
Neptune Water Meters have been approved as the standard water meter in the City of Orange.

Neptune Meters are used exclusively to ensure meter reading compatibility with our water billing system. Approximately, 1,800 meters are replaced each year as part of an on-going meter replacement program. Staff is requesting the authorization to purchase replacement meters in the amount of $400,000 from Ferguson Waterworks during Fiscal Year 2024-2025.

3. RECOMMENDED ACTION
Approve the purchase of replacement water meters from Ferguson Waterworks in the amount of $400,000 for Fiscal Year 2024-2025.

4. FISCAL IMPACT
The expense for this purchase is $400,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through Water (600):
600.8041.56032.18102 Meter Replacement Program $200,000 600.8011.55470.00000 Meters 50,000
600.8041.55470.00000 Meters 150,000
Total: $400,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

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6. DISCUSSION AND BACKGROUND
For the past 20 years, the City has been using Neptune Technology Group, Inc. (Neptune) water meters and hand-held meter reading devices. Neptune products have proven themselves dependable and are continuously improving data collection speed and accuracy. These products have also facilitated data transfer to the water billing system. Neptune products, which include water meters, remote read water meters, hand-held meter reading equipment, and related software, are proprietary. Neptune uses specific data collection and transfer software and technology unique to its own specific applications. To ensure continued data collection compatibility for ongoing meter reading operations, the City has purchased Neptune meters exclusively. The City Council has previously authorized Neptune Technology Group, Inc. as a sole source vendor, and this sole source specification is a continuation of that policy.

With approximately 36,000 meters in the system, the City has an ongoing need to replace meters as they break, become stuck, or need to be upgraded with more efficient radio read meters as water projects or developments are constructed. The City replaces approximately 1,800 meters annually as part of the meter replacement program. Additionally, the new meters allow for the automated method of gathering meter reads, consumption data, and other system information that will benefit water operations and customers.

The City has previously found the most cost-effective method for purchasing meters in volume is directly from Neptune. However, Neptune has stopped selling their products directly to customers. All Neptune products are now sold through Ferguson Waterworks, which serves as Neptune’s sole authorized distributor in California. It is for these reasons that the Public Works Department Water Division is requesting this sole source purchase of water meters from Ferguson Waterworks. Staff will continue to monitor both cost and alternative products to ensure the City is getting the best value available.

7. ATTACHMENTS
· Ferguson Waterworks - Sole Authorized Distributor in State of California Letter City of Orange Printed on 6/5/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 6/11/2024 File #: 24-0272
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of water meters from Ferguson Waterworks as the sole authorized distributor of Neptune Technology Group, Inc. in the State of California.

2. SUMMARY
Neptune Water Meters have been approved as the standard water meter in the City of Orange.

3. RECOMMENDED ACTION
Approve the purchase of replacement water meters from Ferguson Waterworks in the amount of $400,000 for Fiscal Year 2024-2025.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

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7. ATTACHMENTS
· Ferguson Waterworks - Sole Authorized Distributor in State of California Letter City of Orange Printed on 6/5/2024Page 2 of 2
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NePTUNe

TECHNOLOGY GROUP
April 12th, 2024
Attn: Joey Bitto
City of Orange
189 S. Water St. Orange, CA 92866
Ref.: Ferguson Waterworks- Sole Authorized Distributor - State of california Neptune Technology Group Inc. is pleased to affirm that Ferguson Waterworks is the sole authorized distributor in the State of California for Neptune RF meter reading equipment and software, Neptune water meters and Neptune parts.

Ferguson Waterworks is authorized by Neptune to submit an offer for Neptune water meters and related products.

Thank you for your interest in Neptune products. If you have any questions, please contact your local Ferguson representative, Adam Milauskas, 949-467-4758, or your local Neptune representative, Tony Glassier, 303-941-1674.
1600 Alabama
Hlghway229
Tallassee, AL 36078
800-633-8754
neptu etg .c rr
Tony Glassier
Regional Manager
285
Agenda Item
City Council
Item #: 3.13. 6/11/2024 File #: 24-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms from Galls, LLC.

2. SUMMARY
Purchase of uniforms from Galls, LLC through a Cooperative Purchasing Agreement, Master Agreement No. 106-497426. This purchase allows for the continuation of uniforms for Fiscal Year 2024-2025.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms from Galls, LLC for $130,000.

4. FISCAL IMPACT
The expense for this purchase is $130,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Police employees are required to wear a uniform to be identified as a law enforcement authority in society and a source of assistance in an emergency, crisis, or other time of need. New officers and office staff are initially issued two types of uniforms for wear. Worn or damaged items are replaced on an annual or as-needed basis. Specialized units such as Special Weapons and Tactics (SWAT), Motor Officers, K9, and Bicycle Patrol are issued different uniforms specific to their unit.

The Orange Police Department currently purchase uniforms and duty gear from Galls, LLC (Galls).

Galls is headquartered in Lexington, Kentucky and currently maintains a retail location within proximity to the Orange Police Department which minimizes personnel driving time for pickups and scheduled fittings. As the largest distributor of uniforms and equipment to public safety personnel, Galls offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the department’sneeds. The most cost-effective purchase price could be obtained through Cooperative Purchasing Agreement, Master Agreement No. 106- City of Orange Printed on 6/5/2024Page 1 of 2
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497426 entered by the City of Anaheim.

The Police Department is requesting the continuation of uniforms from Galls for a total amount of $130,000.

7. ATTACHMENTS
· Galls Master Agreement No. 106-497426
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Agenda Item
City Council
Item #: 3.13. 6/11/2024 File #: 24-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms from Galls, LLC.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms from Galls, LLC for $130,000.

4. FISCAL IMPACT
The expense for this purchase is $130,000 and will be funded upon adoption of the proposed Fiscal Year 2024-2025 budget through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The Orange Police Department currently purchase uniforms and duty gear from Galls, LLC (Galls).

Galls is headquartered in Lexington, Kentucky and currently maintains a retail location within proximity to the Orange Police Department which minimizes personnel driving time for pickups and scheduled fittings. As the largest distributor of uniforms and equipment to public safety personnel, Galls offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the department’sneeds. The most cost-effective purchase price could be obtained through Cooperative Purchasing Agreement, Master Agreement No. 106- City of Orange Printed on 6/5/2024Page 1 of 2
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497426 entered by the City of Anaheim.

The Police Department is requesting the continuation of uniforms from Galls for a total amount of $130,000.

7. ATTACHMENTS
· Galls Master Agreement No. 106-497426
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Agenda Item
City Council
Item #: 3.14. 6/11/2024 File #: 24-0373
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request to temporarily close the city-owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure.

2. SUMMARY
Chapman Crafted is requesting the closure and use of a city parking lot and pedestrian paseo for an “Old Towne Chili Cook Off.” The event would take place from 6:00 a.m. to 3:00 p.m. on Saturday, June 22. Chapman Crafted has partnered with the Rotary Club of Orange to accept charitable donations at the event. If approved, the Chapman Crafted has agreed to adhere to all conditions of a related special event permit.

3. RECOMMENDED ACTION
Approve the temporary closure of the city-owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure for the Old Towne Chili Cook Off, contingent upon a special event permit being approved by City staff.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in the Community e. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
Description
This parking lot and pedestrian paseo closure request comes from Chapman Crafted (Applicant) to host its Old Towne Orange Chili Cook Off. From 6:00 a.m. to 3:00 p.m. on Saturday, June 22, the Applicant proposes to close the surface parking lot on Lemon Street adjacent to the Old Towne West Parking Structure and the adjoining paseo, as shown on the attached Special Event Permit Application. In exchange for use of public facilities, the Applicant has partnered with the Rotary Club of Orange to gain charitable donations from the event. Approximately 50 vehicles and 500 people are expected to participate. Details of the event, including logistics and health requirements, are also City of Orange Printed on 6/5/2024Page 1 of 2
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provided on the Special Event Permit Application.

Analysis
The affected parking lot has 25 marked public parking spaces. The loss of parking is not expected to have a significant impact since the adjoining parking structure provides over 600 parking spaces, sufficient to serve both event guests and Old Towne visitors. Additional parking is also available on the north side of Maple Avenue and on Cypress Street. The existing parking restrictions, including permit parking in residential areas, will remain in effect. In addition, closing the paseo for such a short duration is also expected to have negligible impacts, simply requiring pedestrians to detour and use the north sidewalk on Chapman Avenue.

The Applicant has committed to providing staff and volunteers to control the flow of attendees entering and exiting the premises and to maintain a comfortable capacity within the area as well.

Special Event Permit
This request is for the closure of said parking lot and paseo only. Concurrently, staff is administratively processing a companion Special Event Permit Application. The special event application would be distributed to various City departments and divisions, including Police, Fire, Public Works Field Services, and Attorney’sOffice, to identify conditions of approval and any city resources deemed necessary to support the event. The Applicant shall be responsible to pay the application fee and all associated charges for staff time.

The parking lot and paseo closure, if approved, would (1) only apply to the aforementioned event, and (2) be contingent on a special event permit also being approved by staff. If a special event permit is not issued for any reason, the approval to close City facilities would automatically be rescinded.

7. ATTACHMENTS
· Special Event Permit Application
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Agenda Item
City Council
Item #: 3.14. 6/11/2024 File #: 24-0373
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request to temporarily close the city-owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure.

4. FISCAL IMPACT
None

6. DISCUSSION AND BACKGROUND
Description
This parking lot and pedestrian paseo closure request comes from Chapman Crafted (Applicant) to host its Old Towne Orange Chili Cook Off. From 6:00 a.m. to 3:00 p.m. on Saturday, June 22, the Applicant proposes to close the surface parking lot on Lemon Street adjacent to the Old Towne West Parking Structure and the adjoining paseo, as shown on the attached Special Event Permit Application. In exchange for use of public facilities, the Applicant has partnered with the Rotary Club of Orange to gain charitable donations from the event. Approximately 50 vehicles and 500 people are expected to participate. Details of the event, including logistics and health requirements, are also City of Orange Printed on 6/5/2024Page 1 of 2
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provided on the Special Event Permit Application.

The Applicant has committed to providing staff and volunteers to control the flow of attendees entering and exiting the premises and to maintain a comfortable capacity within the area as well.

7. ATTACHMENTS
· Special Event Permit Application
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Agenda Item
City Council
Item #: 3.15. 6/11/2024 File #: 24-0345
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Status and update of the Pavement Management Program for the Measure M2 program. Resolution No. 11555.

2. SUMMARY
Annual submittal of Measure M2 program eligibility documentation to the Orange County Transportation Authority is one of the requirements to remain eligible to receive Measure M2 sales tax revenue funds. The submittal documentation for this year requires that the City Council adopt the resolution that confirms the update of the City’s Pavement Management Program regarding the status of road pavement conditions by June 28, 2024. The Seven-Year Capital Improvement Program will additionally need to be adopted by July 31, 2024, and will be included with the Proposed Fiscal Year 2024-2025 Budget staff report.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11555. A Resolution of the City Council of the City of Orange concerning the status and update of the pavement management plan for the Measure M (M2) program.

2. Authorize staff to submit M2 eligibility documentation to the Orange County Transportation Authority.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

6. DISCUSSION AND BACKGROUND
In November 1990, the voters of Orange County approved Measure M, a ½-cent sales tax for transportation improvements. The sales tax provides funding for streets to local agencies that is distributed both on a per-capita formula basis and through competitive funding programs. In November 2006, the voters approved Measure M2 to continue the ½-cent sales tax for another 30 years, beginning at the expiration of Measure M in 2011. Major improvement plans target Orange County freeways, streets and roads, transit, and environmental programs. As part of our Measure M2 City of Orange Printed on 6/5/2024Page 1 of 2
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County freeways, streets and roads, transit, and environmental programs. As part of our Measure M2 funding request, the City is required to submit resolutions that verify that the City has a Seven-Year Capital Improvement Program (CIP) and a Pavement Management Program (PMP).

Seven-Year Capital Improvement Program
The City’s Measure M2 Seven-Year CIP for Fiscal Years 2024-2025 through 2030-2031 is a transportation planning and fiscal forecasting document that is utilized to navigate programming for existing and future capital improvement projects. The Measure M2 Seven-Year CIP is currently consistent with the City’s proposed CIP for Fiscal Year 2024-2025.

While the annual submittal of the City’sMeasure M2 CIP does not commit the City to fund identified improvements, projects must be included in the Seven-Year CIP to be eligible to receive M2 funding.

The Seven-Year CIP and Resolution 11555 will be included as part of the Proposed Fiscal Year 2024- 2025 Budget staff report.

Pavement Management Program
Biennially, the City of Orange performs updates of its PMP for street maintenance as well as complying with OCTA’sM2 Program. The City’sconsultant, Bucknam Infrastructure Group, Inc., has recently completed the 2024 PMP update. In summary, the City has a street system that is in an overall “Good”condition with a network average (weighted by area) PCI of 80.9. Approximately 73.1 percent (by area) of the network is in the “Good”and “VeryGood”condition categories, 25.7 percent in the “Fair”to “Poor”condition and 1.2 percent within the “Very Poor” condition. Based on the pavement condition, the City has met OCTA’srequirements for receiving a ten percent reduction in the local matching fund by maintaining the PCI above 75. Staff is recommending to adopt Resolution 11555 and accept the updated PMP. The updated PMP is available at the City of Orange Public Works Department front counter.

7. ATTACHMENTS
· Resolution No. 11555
City of Orange Printed on 6/5/2024Page 2 of 2
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Agenda Item
City Council
Item #: 3.15. 6/11/2024 File #: 24-0345
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Status and update of the Pavement Management Program for the Measure M2 program. Resolution No. 11555.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11555. A Resolution of the City Council of the City of Orange concerning the status and update of the pavement management plan for the Measure M (M2) program.

2. Authorize staff to submit M2 eligibility documentation to the Orange County Transportation Authority.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

6. DISCUSSION AND BACKGROUND
In November 1990, the voters of Orange County approved Measure M, a ½-cent sales tax for transportation improvements. The sales tax provides funding for streets to local agencies that is distributed both on a per-capita formula basis and through competitive funding programs. In November 2006, the voters approved Measure M2 to continue the ½-cent sales tax for another 30 years, beginning at the expiration of Measure M in 2011. Major improvement plans target Orange County freeways, streets and roads, transit, and environmental programs. As part of our Measure M2 City of Orange Printed on 6/5/2024Page 1 of 2
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Item #: 3.15. 6/11/2024 File #: 24-0345
County freeways, streets and roads, transit, and environmental programs. As part of our Measure M2 funding request, the City is required to submit resolutions that verify that the City has a Seven-Year Capital Improvement Program (CIP) and a Pavement Management Program (PMP).

The Seven-Year CIP and Resolution 11555 will be included as part of the Proposed Fiscal Year 2024- 2025 Budget staff report.

7. ATTACHMENTS
· Resolution No. 11555
City of Orange Printed on 6/5/2024Page 2 of 2
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RESOLUTION NO. 11555

A R ESOLUTION OF THE CITY C OUNCIL OF

THE CITY OF ORANGE CONCERNING THE

STATUS AND UPDATE OF THE PAVEMENT

MANAGEMENT PLAN FOR THE MEASURE M
(M2) PROGRAM.

WHEREAS, the City, as a local jurisdiction, is required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and

WHEREAS, on a biennial basis, the City is required to adopt and update a Pavement Management Plan (PMP), using the required format, regarding the s tatus of road pavement conditions and implementation of the PMP; and

WHEREAS, the City is required to provide a plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby informs OCTA that:

a) The City hereby adopts a PMP.

b) The PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines.

c) The City has provided an updated PMP report, using the required format, to OCTA.

d) The Public Works Director, City Engineer or designee is authorized to sign the PMP certification form.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
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2 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 7.1. 6/11/2024 File #: 24-0325
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider rezoning of public-school properties to Public Institution to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation; and introduction and First Reading of the associated Ordinance No. 14-24 (Zone Change No. 1313-24).

2. SUMMARY
Public school elementary, middle, and high school campuses have a General Plan Land Use Designation of Public Facilities and Institutions yet have a long-standing residential and Recreation Open Space zoning. The Zoning Classification that corresponds to the Public Facilities and Institutions General Plan Designation is Public Institution. State law requires zoning to be consistent with the General Plan. The subject zone change addresses this requirement.

3. RECOMMENDED ACTION
Continue to the July 23, 2024 Regular City Council meeting.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Public school campuses in Orange have had long-standing residential and recreational open space Zoning Classifications despite having established General Plan Land Use Designation of Public Facilities and Institutions (PFI). The Zoning Classification that corresponds to the PFI General Plan Land Use Designation and that is appropriate for the school sites is Public Institution (PI). State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority based on Council direction and changes in the law. Detailed information about relevant legislative requirements is provided in Attachment 3.

The proposed Zone Change involves school site re-zoning as follows:

Facility Address General
Plan
Existing
Zoning
Proposed
Zoning
California Inspire Academy 1080 N. California St. PFI R-1-6 PI Cambridge Elementary School 425 N. Cambridge St. PFI R-1-6 Early Learning Center Parkside
Education Center EDGE Virtual
Academy
2345 E. Palmyra Ave. 250 S
Yorba St. 250 S Yorba St.

PFI R-O
El Modena High School 3920 Spring St. PFI R-1-7
Esplanade Elementary School 381 N. Esplanade St. PFI R-1-7 Fletcher Mandarin Language & GATE
Academy
515 W. Fletcher Ave. PFI R-1-7
Handy Elementary School 860 N. Handy St. PFI R-1-6
Jordan Academy of Language and
Computer Science
4319 E. Jordan Ave. PFI R-1-7
La Veta Elementary 2800 E. La Veta Ave. PFI R-1-8
Linda Vista Elementary School 1200 N. Cannon St. PFI R-1-8 McPherson Magnet School/Sports
Park
333 S. Prospect St. PFI R-1-7
Olive Elementary 3038 Magnolia Ave. PFI R-1-7
Orange High School 525 N. Shaffer St. PFI R-1-6
Palmyra GATE Magnet 1325 E. Palmyra Ave. PFI R-1-6
Peralta Middle School/ Super Sports 2190 N. Canal St. PFI R-1-8 Portola Middle School 270 N. Palm Dr. PFI R-1-6
Prospect Elementary School 379 N. Virage St. PFI R-1-7
Richland Continuation High School
(portion)
615 N. Lemon St. PFI R-3
Santiago Charter Middle School 515 N. Rancho Santiago Blvd. PFI R-1-7 Taft Elementary 1829 N. Cambridge St. PFI R-1-8
Yorba Middle School 935 N. Cambridge St. PFI R-1-6
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Facility Address General
Plan
Existing
Zoning
Proposed
Zoning
California Inspire Academy 1080 N. California St. PFI R-1-6 PI Cambridge Elementary School 425 N. Cambridge St. PFI R-1-6 Early Learning Center Parkside
Education Center EDGE Virtual
Academy
2345 E. Palmyra Ave. 250 S
Yorba St. 250 S Yorba St.

Single Family Residential (6,000 sq ft minimum lot size): R-1-6 Single Family Residential (7,000 sq ft minimum lot size): R-1-7 Single Family Residential (8,000 sq ft minimum lot size): R-1-8 Multiple Family Residential: R-3
Recreation Open Space: R-O
Chapman Hills Elementary School is not included in the re-zoning because its Planned Community zoning is consistent with the General Plan. In the case of Sycamore Elementary School, a portion of the Richland Continuation School, and the Orange Unified School District offices/Villa Park campus, there are split General Plan designations that warrant a separate cleanup effort to establish a single uniform land use designation prior to re-zoning.

It should be noted that the PI zoning district allows the development of housing affiliated with the institutional use it shares a site or campus with. Representative projects in Orange with the development of housing associated with an institutional use include the Villa St. Joseph project City of Orange Printed on 6/6/2024Page 2 of 3
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development of housing associated with an institutional use include the Villa St. Joseph project through which the Motherhouse at the Sisters of St. Joseph campus is being adaptively re-used as affordable senior housing, and the ActivCare Memory Care facility developed as a use related to the Chapman Global Medical Center and St. Joseph medical office building.

7. ADVISORY BOARD ACTION
Planning Commission
The Planning Commission conducted a public hearing for the Zone Change on April 1, 2024 and recommend approval to the City Council by a 5-0 vote. Meeting minutes are provided as Attachment

4. 8. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 14-24
· Attachment 2 Planning Commission Resolution No. 09-24 · Attachment 3 Planning Commission Staff Report, April 1, 2024 · Attachment 4 Planning Commission Minutes, April 1, 2024 City of Orange Printed on 6/6/2024Page 3 of 3
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Agenda Item
City Council
Item #: 7.1. 6/11/2024 File #: 24-0325
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

3. RECOMMENDED ACTION
Continue to the July 23, 2024 Regular City Council meeting.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

The proposed Zone Change involves school site re-zoning as follows:

PFI R-O
El Modena High School 3920 Spring St. PFI R-1-7
Esplanade Elementary School 381 N. Esplanade St. PFI R-1-7 Fletcher Mandarin Language & GATE
Academy
515 W. Fletcher Ave. PFI R-1-7
Handy Elementary School 860 N. Handy St. PFI R-1-6
Jordan Academy of Language and
Computer Science
4319 E. Jordan Ave. PFI R-1-7
La Veta Elementary 2800 E. La Veta Ave. PFI R-1-8
Linda Vista Elementary School 1200 N. Cannon St. PFI R-1-8 McPherson Magnet School/Sports
Park
333 S. Prospect St. PFI R-1-7
Olive Elementary 3038 Magnolia Ave. PFI R-1-7
Orange High School 525 N. Shaffer St. PFI R-1-6
Palmyra GATE Magnet 1325 E. Palmyra Ave. PFI R-1-6
Peralta Middle School/ Super Sports 2190 N. Canal St. PFI R-1-8 Portola Middle School 270 N. Palm Dr. PFI R-1-6
Prospect Elementary School 379 N. Virage St. PFI R-1-7
Richland Continuation High School
(portion)
615 N. Lemon St. PFI R-3
Santiago Charter Middle School 515 N. Rancho Santiago Blvd. PFI R-1-7 Taft Elementary 1829 N. Cambridge St. PFI R-1-8
Yorba Middle School 935 N. Cambridge St. PFI R-1-6
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Facility Address General
Plan
Existing
Zoning
Proposed
Zoning
California Inspire Academy 1080 N. California St. PFI R-1-6 PI Cambridge Elementary School 425 N. Cambridge St. PFI R-1-6 Early Learning Center Parkside
Education Center EDGE Virtual
Academy
2345 E. Palmyra Ave. 250 S
Yorba St. 250 S Yorba St.

It should be noted that the PI zoning district allows the development of housing affiliated with the institutional use it shares a site or campus with. Representative projects in Orange with the development of housing associated with an institutional use include the Villa St. Joseph project City of Orange Printed on 6/6/2024Page 2 of 3
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Item #: 7.1. 6/11/2024 File #: 24-0325
development of housing associated with an institutional use include the Villa St. Joseph project through which the Motherhouse at the Sisters of St. Joseph campus is being adaptively re-used as affordable senior housing, and the ActivCare Memory Care facility developed as a use related to the Chapman Global Medical Center and St. Joseph medical office building.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1313-24 RE-ZONING PUBLIC SCHOOL SITES

TO THE PUBLIC INSTITUTION ZONING

CLASSIFICATION TO ESTABLISH CONSISTENCY

WITH THE PUBLIC FACILITIES AND

INSITUTIONS GENERAL PLAN LAND USE

DESIGNATION OF THE PUBLIC SCHOOL SITES

IN ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1313-24
APPLICANT: CITY OF ORANGE
WHEREAS, the 2010 City of Orange General Plan Land Use Element established a land use designation of “Public Facilities and Institutions” (PFI Land Use Designation) for public school sites throughout the City; and
WHEREAS, while the consistent Zoning Classification for the PFI Land Use Designation is “Public Institutions” (PI) Zone, public-school sites have Zoning Classifications including Residential Single Family, Residential Multiple Family, and Recreation Open Space, which are not consistent with the PFI Land Use Designation; and WHEREAS, State law contained at California Government Code §65860 requires consistency between a city’s General Plan and Zoning; and WHEREAS, because the current Zoning Classification for these certain public-school sites are inconsistent with the PFI Land Use Designation, which is contrary to State law, the City wishes to re-zone those certain public-school sites by adoption of the proposed Zone Change No. 1313-24 (Proposed Ordinance); and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on April 1, 2024, including review of the staff report and public testimony, determined the proposed change is justified and recommended approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on June 11, 2024 for the purpose of considering the Proposed Ordinance as it pertains to citywide public school sites upon the properties shown in the attached Exhibit “A”;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
316
2 SECTION I:

The existing zoning is depicted on the map attached hereto as Exhibit “A” and incorporated herein by reference. The Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the sites depicted on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION II:

The proposed zone changes described in Section I are related to the public welfare, required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed zone changes are within the scope of the previously approved General Plan and are adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

SECTION III:

A summary of this ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City Council meeting at which this ordinance is adopted. A summary of this ordinance shall also be published once within 15 days after the ordinance’s passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted ordinance along with the names of those City Councilmembers voting for and against the ordinance in accordance with Government Code Section 36933. This ordinance shall take effect 30 days from and after the date of its final passage.

ADOPTED this ____ day of ________________, 2024.
________________________________________
Daniel R. Slater, Mayor, City of Orange
317
3 ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 11th day of June, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2024, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
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Agenda Item
Planning Commission
Item #: 5.2. 4/1/2024 File #: 24-0206
TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director

1. SUBJECT
Public Hearing to consider rezoning of public parks to Recreation-Open Space to establish consistency with the Open Space and Open Space-Park General Plan Land Use Designations (Zone Change No. 1314-24).

2. SUMMARY
Public parks have a General Plan Land Use Designation of Open Space or Open Space-Park yet several have a long-standing residential or commercial zoning, or are un-zoned. The Zoning Classification that corresponds to the Open Space and Open Space-Park General Plan designation is Recreation Open Space. State law requires zoning to be consistent with the General Plan. The subject Zone Change addresses this requirement.

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 12-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1314-24 by adopting an Ordinance re -zoning public parks to establish consistency between the Open Space and Open Space-Park General Plan Land Use Designation and Zoning Classification in accordance with State law.

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.10.020 authorizes the City Council to approve changes to the Zoning map , and also establishes procedures by which the Planning Commission reviews such changes and makes a recommendation to the City Council.

5. PROJECT BACKGROUND
Several public parks in Orange have had long-standing residential and commercial zoning or are un- zoned despite having established General Plan Land Use Designations of Open Space (OS) or Open Space-Park (OS-P). The Zoning Classification that corresponds to the OS and OS-P General Plan Land Use Designations and that is appropriate for the public parks is Recreation Open Space (R-O). State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority b ased on Council direction and changes in the law.

6. PROJECT DESCRIPTION
The proposed Zone Change involves public park re-zoning as follows:

Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

OS-P R-1-7 & R-1-
7(P)
R-O
El Modena Park 555 S. Hewes St. OS-P R-1-8
Handy Park 2143 E. Oakmont Ave. OS-P R-1-6
Hart Park 701 S. Glassell St. OS R-1-6, R-2-6
R-3 & R-O
La Veta Park 3705 E. La Veta Ave. OS-P R-1-7 &
Unzoned
Olive Park 2841 N. Glassell St. OS-P R-1-7 & C-1
Plaza Park Chapman/Glassell OS-P Unzoned
Shaffer Park 1930 N. Shaffer St. OS-P C-1 & R-1-8
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Item #: 5.2. 4/1/2024 File #: 24-0206
Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

General Plan:

Open Space: OS
Open Space-Park: OS-P
Zoning:

Limited Business: C-1
Single Family Residential (6,000 sq ft minimum lot size): R-1-6 Single Family Residential (7,000 sq ft minimum lot size): R-1-7 Single Family Residential (8,000 sq ft minimum lot size): R-1-8 Duplex Residential (6,000 sq ft minimum lot size): R-2-6 Recreation Open Space: R-O
Parking Overlay: (PBelmont, Fred Barrera, Santiago Hills, Serrano, and Steve Ambriz Parks are not included in the re-zoning because their Planned Community zoning is consistent with the General Plan. In the case of Cerro Villa and Pitcher Parks, they both have a Low Density Residential General Plan designation and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the Orange Unified School District’sRichland Continuation High School campus and has a split General Plan Land Use Designation that warrants a separate cleanup effort to establish a single uniform land use designation prior to re-zoning. Similarly, the El Modena basin experiences a split General Plan Land Use Designation for cleanup prior to re-zoning.

7. ANALYSIS AND STATEMENT OF THE ISSUES
The Zone Change contained in the proposed Ordinance is the part of ongoing efforts to ensure that all properties within the City are zoned consistent with the City’sGeneral Plan, adopted in 2010, as required by law. This clean-up effort is based on both Council direction and recent changes to State law highlighting the importance of General Plan and Zoning Classification consistency.

State law has long required that the General Plan, which establishes long-term objectives and policies for a city, and Zoning Ordinances, be consistent. (Government Code Section 65860(a)). The Legislature, by adoption of Assembly Bill 821 (“AB 821”) in 2023, made changes strengthening remedies for residents and property owners, requiring cities, under certain circumstances, to make zoning consistent with their General Plans within 180 days of the submission of the development agreement or continue to process the development application applying objective general plan standards but not inconsistent zoning standards. (Government Code Section 65860(c)(2)) The law had already authorized any resident or property owner to bring an action or proceeding within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance, and that a zoning ordinance be amended within a reasonable time so that it is consistent with the General Plan in the event that the zoning classification becomes inconsistent with the City of Orange Printed on 3/28/2024Page 2 of 3
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Item #: 5.2. 4/1/2024 File #: 24-0206
General Plan by reason of amendment. (Government Code Section 65860(b)) The identified public park site properties have Zoning Classifications inconsistent with the General Plan, as they are currently zoned with residential or commercial classification at all. The consistent Zoning Classification for the OS and OS-P General Plan Land Use Designation would be R-O.

Further, while State law generally allows residential development where the General Plan allows for it (and zoning does not), if residential is not an allowed use under the General Plan, no residential development is permitted. Therefore, here, the park school-sites could not be developed with residential uses because the General Plan Land Use Designation does not allow for housing. Staff is requesting that the Planning Commission recommend that the City Council re-zone these properties in order to make the Land Use Designation and Zoning Classification consistent and in compliance with State law.

8. PUBLIC NOTICE
On March 21, 2024, a notice was published in the Orange County Register newspaper.

9. ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA.

10. ADVISORY BOARD ACTION
None needed.

11. ATTACHMENTS
· Attachment 1 Planning Commission Resolution No. PC 12-24 (including Ordinance) City of Orange Printed on 3/28/2024Page 3 of 3
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Planning Commission Minutes - Final April 1, 2024

4. COMMISSION BUSINESS

4.1. General Plan Annual Progress Report to the State of California.

A motion was made by Commissioner McCormack, seconded by Commissioner Maldonado to receive and file the 2023 General Plan Annual Progress Report. The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5. NEW BUSINESS

5.1. Public Hearing to consider rezoning of public school properties to Public Institution to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation (Zone Change No. 1313-24).

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner Martinez, seconded by Commissioner Maldonado, to adopt Planning Commission Resolution No. 09-24.

Resolution No. 09-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1313-24 by adopting an Ordinance re-zoning public school properties to establish consistency between the Public Facilities and Institutions General Plan Land Use Designation and Zoning Classifications in accordance with state law.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5.2. Public Hearing to consider rezoning of public parks to Recreation -Open Space to establish consistency with the Open Space and Open Space -Park General Plan Land Use Designations (Zone Change No. 1314-24).

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner McCormack, seconded by Commissioner Tucker, to adopt Planning Commission Resolution No. 12-24.

Resolution No. 12-24. A Resolution of the Planning Commission recommending that the City Council approve Zone Change No. 1314-24 by adopting an Ordinance re-zoning public parks to establish consistency between the Open Space and Open Space-Park General Plan Land Use Designation and Zoning Classification in accordance with State law.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

Page 2 of 3 ends

362
Agenda Item
City Council
Item #: 7.2. 6/11/2024 File #: 24-0355
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

3. RECOMMENDED ACTION
Continue to the July 23, 2024, Regular City Council meeting.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Several public parks in Orange have had long-standing residential and commercial zoning or are un- zoned despite having established General Plan Land Use Designations of Open Space (OS) or Open Space-Park (OS-P). The Zoning Classification that corresponds to the OS and OS-P General Plan Land Use Designations and that is appropriate for the public parks is Recreation Open Space (R-O).

State law requires zoning to be consistent with the General Plan designation. The subject Zone Change is part of the ongoing reconciliation of scattered citywide General Plan and Zoning inconsistencies, which has become a priority based on Council direction and changes in the law.

Detailed information about relevant legislative requirements is provided in Attachment 3.

Belmont, Fred Barrera, Santiago Hills, Serrano, and Steve Ambriz Parks are not included in the re- zoning because their Planned Community zoning is consistent with the General Plan. In the case of Cerro Villa and Pitcher Parks, they both have a Low Density Residential General Plan designation and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the City of Orange Printed on 6/6/2024Page 1 of 2
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363
Item #: 7.2. 6/11/2024 File #: 24-0355
and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the Orange Unified School District’sRichland Continuation High School campus and has a split General Plan Land Use Designation that warrants a separate cleanup effort to establish a single uniform land use designation prior to re-zoning. Similarly, the El Modena basin experiences a split General Plan Land Use Designation for cleanup prior to re-zoning.

9. ATTACHMENTS
· Attachment 1 Ordinance No. 15-24
· Attachment 2 Planning Commission Resolution No. 12-24 · Attachment 3 Planning Commission Staff Report, April 1, 2024 · Attachment 4 Planning Commission Minutes, April 1, 2024 City of Orange Printed on 6/6/2024Page 2 of 2
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364
Agenda Item
City Council
Item #: 7.2. 6/11/2024 File #: 24-0355
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

3. RECOMMENDED ACTION
Continue to the July 23, 2024, Regular City Council meeting.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

Detailed information about relevant legislative requirements is provided in Attachment 3.

Belmont, Fred Barrera, Santiago Hills, Serrano, and Steve Ambriz Parks are not included in the re- zoning because their Planned Community zoning is consistent with the General Plan. In the case of Cerro Villa and Pitcher Parks, they both have a Low Density Residential General Plan designation and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the City of Orange Printed on 6/6/2024Page 1 of 2
powered by Legistar™
365
Item #: 7.2. 6/11/2024 File #: 24-0355
and consistent Single-Family Residential zoning. Killefer Park is a joint use facility that is part of the Orange Unified School District’sRichland Continuation High School campus and has a split General Plan Land Use Designation that warrants a separate cleanup effort to establish a single uniform land use designation prior to re-zoning. Similarly, the El Modena basin experiences a split General Plan Land Use Designation for cleanup prior to re-zoning.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1314-24 RE-ZONING PUBLIC PARK SITES TO

RECREATION OPEN SPACE TO ESTABLISH

CONSISTENCY WITH THE OPEN SPACE AND

OPEN SPACE -PARK GENERAL PLAN LAND USE

DESIGNATION OF THE PARK SITES IN

ACCORDANCE WITH STATE LAW

ZONE CHANGE NO. 1314-24
APPLICANT: CITY OF ORANGE

WHEREAS, the 2010 City of Orange General Plan Land Use Element established a land use designation of “Open Space” (OS Land Use Designation) for public park sites throughout the City; and

WHEREAS, while the consistent Zoning Classification for the OS Land Use Designation is “Recreation Open Space” (R-O) Zone, public park sites have Zoning Classifications including Single Family Residential, Duplex Residential, Limited Business, or are un-zoned, which are not consistent with the OS Land Use Designation; and

WHEREAS, State l aw contained at California Go vernment Code §65860 requires consistency between a city’s General Plan and Zoning; and

WHEREAS, because the current Zoning Classification for these certain public park sites are inconsistent with the “ Open Space” (OS Land Use Designation), which is contrary to St ate law, the City wishes to re-zone those certain public park sites by adoption of the proposed Zone Change No. 1314-24 (Proposed Ordinance); and

WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on April 1 , 2024, including review of the staff rep ort and having received public tes timony, has determined the proposed change is justified and recommends approval thereof; and

WHEREAS, the City Council held a duly advertised public hearing on June 11, 2024 for the purpose of considering Zone Change No. 1314-24 as it pertain s to citywide public school sites upon the properties shown in the attached Exhibit “A”;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:

367
2 SECTION I:

The existing zoning is depicted on the map at tached hereto as Exhibit “A” and incorporated herein by reference. The Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the site s depicted on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION II:

The proposed zone changes described in Section I are related to the public welfare, required by California Government Code Section 65860 and consisten t with Final Program Environmental Impact Report (EIR) No. 1815 -09 for t he Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed zone changes are within the scope of the previously approved Gene ral Plan and are adequately des cribed in the previously certified G eneral Plan Program EIR for purposes of CEQA.

SECTION III:

A summary of this ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the O ffice of the City Clerk at leas t 5 days prior to the City Council meeting at which this ordinance is adopted. A summary of this ordinance shall also be published once within 15 days after the ordinance ’s passage in a newspaper of general circulation, published, and circulated in the Ci ty of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted ordinance along with the names of those City Councilmembers voti ng for and against the ordinance in acc ordance with Government Code Sec tion 36933. This ordinance shall take effect 30 days from and after the date of its final passage.

ADOPTED this ____ day of ________________, 2024.

________________________________________
Daniel R. Slater, Mayor, City of Orange

ATTEST:

_______________________________________
Pamela Coleman, City Clerk, City of Orange

368
3 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby ce rtify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of ________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2024, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange

369

EXHIBIT A

ORDINANCE NO. 15-22

GENERAL PLAN-ZONING CONSISTENCY

PUBLIC PARK SITES
(ZONE CHANGE NO. 1314-24)
370

BIXBY AVEOCEANVIEW AVE

BUENA VISTA ST

OCEANVIEW AVE

TUSTIN ST

LINCOLN AVE

CANAL ST

VALLEY VIEW STBIXBY AVE

RANCHVIEW DR
14201410
1430
1432
300330013002
3006 3007 3014 3016
3006
3002
3011
3003
3003
3001
30063005
1339
1607 C1
16351633
16391637
1649
1671 A
1681
1691
16691659
1667
16451647
1665
16791677
1687
16831685
27492747
1422
14061414
1402
1434
14261416 27561440
1641
1615
16951601
1653
1643
16631673 B
16021604 16281606
3001
3005
3002
3006
2737
3008
1301
16801
1678016772
16781167611675116741
16781
16752
167721676216752
16742
16741
1436
1424
14122735
1651
8582
8500
8632
8642
8652 8662
16761
16771
8712
1405
1607 C21607 C3
1691A
1671 A
1673 B
2864
1676316773
86868682
3007
R-1-7
R-1-7 R-1-7 R-1-7
R-1-7
C-TR
O-P
C-TR
R-1-7
0 100 20050 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Eisenhower Park | 2864 N Tustin St / 1339 E Buena Vista St 371

BIXBY AVEOCEANVIEW AVE

BUENA VISTA ST

OCEANVIEW AVE

TUSTIN ST

LINCOLN AVE

CANAL ST

VALLEY VIEW STBIXBY AVE

R-O R-O
R-O
Esri Community Maps Contributors, City of Anaheim, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
0 100 20050 Feet
:

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Eisenhower Park | 2864 N Tustin St / 1339 E Buena Vista St :

Date Created:
3/18/2024
372

HILL ST

HEWES ST

CASSELLE AVE

KINGVIEW RD

CHARMAINE LN

WINNWOOD LN

HEWES ST

LARKSTONE CIR

PHILLIPS PL

FOWLER AVE

PARKVIEW TER

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
El Modena Park | 555 S Hewes St
373

HILL ST

HEWES ST

CASSELLE AVE

KINGVIEW RD

CHARMAINE LN

WINNWOOD LN

HEWES ST

LARKSTONE CIR

PHILLIPS PL

FOWLER AVE

PARKVIEW TER

EARLHAM ST
529
525517
511505497491
481
475
461455
524516510502
496490
480474468
454461
523517
511
505
491485479473
467457
473
660
646
632
614
663
649
637
625
609
493
688
46454627
44094417
4418
44154401
555
44144406
4343
488
469460
R-1-7
R-1-6
R-1-6
R-1-6
R-1-8
R-1-8
R-O
R-O
Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
0 100 20050 Feet
:

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
El Modena Park | 555 S Hewes St
:

Date Created:
3/18/2024
374

MILFORD RD

COLLINS AVE

BARKLEY AVE

SHIRLEY DR

HIGHLAND ST

OAKMONT AVE

MILFORD ST

MAYFAIR AVE

CARRIE AVE

MARKWOOD ST

EVERETT AVE
681
679
691
702
710
720
730
740
750
760
770
677
687
695
785
819
811
801
795
775
747
757
767
921
931
920
924
914
701
711
721
731
741
751
761
771
678
688
696
702
712
722
732
742
752
762
772
930
676675680680
688
694
724725
795
785 784
734
744
754
764
774
794
775
735
745
755
765
671
681
689
695
703
711
719
729
737
827
839
849
859
2225
22332201 23092223 23292245 2319
193919331925 873
690 221522092201
2226
22282234
21362126
194419401930
2238
2241
2233
2239
2231
23012211
194319351927
19441936
2309 2333
2240
1950194419381930
1919
1926
2230222622062146
1945
2143
2227
1 234
5 678
9 101112
14 1516
24A24B24C24D
25A25B
25C25D
26A26B
26C26D
R-1-6
R-3
R-1-6
R-1-6
R-1-6
R-1-6
R-1-6
R-1-6
R-1-6
R-3 (A)
0 100 20050 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Handy Park | 2143 E Oakmont Ave
375

MILFORD RD

COLLINS AVE

BARKLEY AVE

SHIRLEY DR

HIGHLAND ST

OAKMONT AVE

MILFORD ST

MAYFAIR AVE

CARRIE AVE

MARKWOOD ST

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Handy Park | 2143 E Oakmont Ave
:

Date Created:
3/18/2024
376

CULVER AVE CULVER AVE

CHALYNN CIR PINE ST

LA VETA AVE

LAKE DR CAMBRIDGE ST

CLEMENSEN AVE

TULAROSA AVE

LA VETA AVE

PINE ST

ORANGE STGRAND ST

RIVER AVE

LINWOOD STEASTSIDE STWRIGHT ST

CONCORD STLYON ST

FAIRWAY DR

LA VETA AVECAMBRIDGE ST

GLASSELL ST

ORANGE ST

GRAND STCENTER ST

CULVER AVE

GLASSELL ST

TOLUCA AVE

PINE ST
630
406
433
626
406
391385115 231394384387397395385 380
818848748828
707
561
907
435
327336334320315303
545
324529515505
636635629621615
628 A624610609
631 A,B
619615
612604
222515525535545205213225552536
512
119127131137
510134518528530
525
430
446454458470478479
493485477469459
478
505 605 711
708726720648640632624616610550542532524516508
394
438
394
904
447
383391333
453443437
413
472480484
710
910
907
572534
842
915
906
537519 585
375
444
483491837831
468460
506514522530538546606612620630638646704712720728736476733735727717709701643635627617609603543535527519511503 720652638632630618556546536526512504425
445447
415423429437447455
436428418414406404412420430438444452442454
478471469
453445435427421413407409406354414420
436444454
464469
453
439429421413405
475 A487493
480477481 484437445
415335325405
647643
130622620
636649640642 667675646
340
701
337
430420360352344336330 734
803711
904
461463
810
458
436 430438
484
133
378335381396393 387527535543555605569577595391381380801805815823 742804816416426436453445443435429421413 424414404218212404412420428 442450460468476486492481
469
836
128
620
604 644636702628544504 536528512 726710718
840820830810802742730724706702714
566
641
384
460
322 428
633574
504
528520
457
436
416
492
913
905
846814824738748806718712
459461462470 475477
390
340339
334338651625
503
533537541
604
841
720 804734748
819803747735 829
704
705
705715 849837827819735727745
736806714
701 805 843833823815741723731
842834824732802812722744718 838726
912
913
912
907
908459
534 634626618608548540526518510
484
464458
496482
462456
337327
438440
642552
460472
719
139
226
642650
392
569
830708
1415
417
228
629 A,B
451
439
618610520
513521529537545611619629637645703719725461 A
700 1-142
555101-134201-241
117 389389½393383 337415 511 835405
418
617126
484488488 484482
620
644
310
615
539
637
839833
708
474
734
464
480
522
365
371
419 732
454 435 ½ 440
335333 498
528
548
461
655
614
638
471
416
544
330
432
565553
671
387 A
818
233
530
522
628 B
475 B
432
550
530
494
629 C631 C
431
531
449 462
R-1-6
R-2-6
R-3
R-1-6
R-3
R-3
R-2-6
R-O R-1-6
0 200 400100 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Hart Park | 701 S Glassell St
377

CULVER AVE CULVER AVE

CHALYNN CIR PINE ST

LA VETA AVE

LAKE DR CAMBRIDGE ST

CLEMENSEN AVE

TULAROSA AVE

LA VETA AVE

PINE ST

ORANGE STGRAND ST

RIVER AVE

LINWOOD STEASTSIDE STWRIGHT ST

CONCORD STLYON ST

FAIRWAY DR

LA VETA AVECAMBRIDGE ST

GLASSELL ST

ORANGE ST

GRAND STCENTER ST

CULVER AVE

GLASSELL ST

TOLUCA AVE

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Hart Park | 701 S Glassell St
:

Date Created:
3/18/2024
378

DIXON AVE

RUTH PL

SWIDLER PLOLYMPIA WAY

JAMES STWOODLAND ST

LA VETA AVE

OLYMPIA WAY

DOROTHY DR

AUSTIN AVE

TILDEN AVE

SWIDLER PL

CHIPWOOD ST

LYNNWOOD AVNUTWOOD ST

ESTATE DR

LA VETA DR
486
456
448
438
432426418
410
457
494
463462
453
372
453
464
474
486
474
450
438
422
414
604
596
586
576
564
552
542
530
518
508
595
591
583
571
559
545
533
523
509
594
584
572
554
542
532
512
508
603
595
583
571
559
510
602
596
586
576
564
554
544
532
520
404
396
390
380
370
358
493
483
473
492
482
472
523
511
605
601
589
577
567
555
545
533
602
594
583 582
568
558
509
490 491
481480
471
457
454
415
405
362
354
447 452
3541
3540
3541
353335113523
38143806 3824373837483728
382538153805374737373727
3834382438143806374837283738 3910
39113835
3848
3830
38363827
3815
3801
3807
38103820
390638483834
390338333843 3917
3545
3540
3541
3540
3844
3748
3528
3528
3529
3528
3545
3705
35263516
3836
3812
R-1-7
R-1-7
R-1-7
R-1-7
R-1-7
R-1-8
R-1-8
R-1-7
R-1-8
R-1-7
R-1-7
0 100 20050 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
La Veta Park | 3705 E La Veta Ave
379

DIXON AVE

RUTH PL

SWIDLER PLOLYMPIA WAY

JAMES STWOODLAND ST

LA VETA AVE

OLYMPIA WAY

DOROTHY DR

AUSTIN AVE

TILDEN AVE

SWIDLER PL

CHIPWOOD ST

LYNNWOOD AVNUTWOOD ST

ESTATE DR

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
La Veta Park | 3705 E La Veta Ave
:

Date Created:
3/18/2024
380

PADDLE WHEEL CIR

GLASSELL ST

EDGEWATER ST

WHITE SHORES DR

DUNTON AVE

SAND PEBBLE WAY

RIVERBOAT WAY

LINCOLN AVE

RIPPLING CREEK DR

RAINIER AVESPARKLEBERRY AVE

CORK TREE DR

CORK TREE DR
7 89
14151618
101213
108134
123115 101103105107
145
401
238
248
2932
227
2451-39 321 1-46
105
247237227
118122120
407415
423338 431323230 344 441248 350
339
412
418
426
432
342330320238 310230
410420
430
443
310
222
300
138150
110124
149203209
410418
426434442
404
331249
247
241229
242222
349
343
341317331 407419429
201215
307
340346404324
2841
270266260
237241245247
285289293297
281 251255257261
277273
320316312308302300
324328332336340342
368364360356350346
372376380
256230226202208212216220238242246250
251247243
235231227223219
215211207203155
151147
131
382386390
258
242226
240 232236
230
222
216
206
212210
198192188182
178
196
186170166160156150
146142140136
2870
299329993007
30133019
2756
2829
2952
2944
29832987 2968
2986
2978
215 A-H
2975
2830
2928
2936
2950
2972
2980 2990
29982988 30043002 3001 3010
3012 3016
30243020
17 19
1114
29321-22
2918
105
343 A343 B343 C343 D
343 E343 F343 G343 H343 J245 1
205
2832
2828282628242822
282028182816281428122810
284228402846284828502852285428562858
28602882
28842878
28802862
2864
288628882890
287228742876
287028682866
283428362838
R-1-7
R-1-7
M-1
C-1
R-3
R-3
C-1
C-1
C-2
R-1-7C-2
R-1-7
R-1-7
P-C
0 100 20050 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Olive Park | 2841 N Glassell St
381

PADDLE WHEEL CIR

GLASSELL ST

EDGEWATER ST

WHITE SHORES DR

DUNTON AVE

SAND PEBBLE WAY

RIVERBOAT WAY

LINCOLN AVE

RIPPLING CREEK DR

RAINIER AVESPARKLEBERRY AVE

CORK TREE DR

CORK TREE DR
7 89
14151618
101213
108134
123115 101103105107
145
401
238
248
2932
227
2451-39 321 1-46
105
247237227
118122120
407415
423338 431323230 344 441248 350
339
412
418
426
432
342330320238 310230
410420
430
443
310
222
300
138150
110124
149203209
410418
426434442
404
331249
247
241229
242222
349
343
341317331 407419429
201215
307
340346404324
2841
270266260
237241245247
285289293297
281 251255257261
277273
320316312308302300
324328332336340342
368364360356350346
372376380
256230226202208212216220238242246250
251247243
235231227223219
215211207203155
151147
131
382386390
258
242226
240 232236
230
222
216
206
212210
198192188182
178
196
186170166160156150
146142140136
2870
299329993007
30133019
2756
2829
2952
2944
29832987 2968
2986
2978
215 A-H
2975
2830
2928
2936
2950
2972
2980 2990
29982988 30043002 3001 3010
3012 3016
30243020
17 19
1114
29321-22
2918
105
343 A343 B343 C343 D
343 E343 F343 G343 H343 J245 1
205
2832
2828282628242822
282028182816281428122810
284228402846284828502852285428562858
28602882
28842878
28802862
2864
288628882890
287228742876
287028682866
283428362838
R-1-7
R-1-7
M-1
R-3
R-3
C-1
C-1
C-2
R-1-7C-2
R-1-7
R-1-7
P-C
R-O
R-O
R-O
Esri Community Maps Contributors, City of Anaheim, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
0 100 20050 Feet
:

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Olive Park | 2841 N Glassell St
:

Date Created:
3/18/2024
382

ORANGE ST

GLASSELL ST

ORANGE ST

GRAND ST

GLASSELL STGLASSELL ST

OLIVE ST

ORANGE ST

CHAPMAN AVE

MAPLE AVE

ALMOND AVE

OLIVE ST
122 11-33
125
127
110
215
175
126
182
22 145
55 38
6059
4044 3430
77 80
7571
10 20
190 B,C,D
140
211
126
101
112177
155
131
123
117
129
162
156
114
119
123
133
111
207
193
155 ½
149
165163
171
224 210
237
121
238
143
173
237
170
145 ½145
115
183
195
155
141135
131
119 119 B
107
101
174
200208216
142
191
138136134132
230
204205203
110 ½
146
102
205
160
106
140142
138128
122
172
116
130128126
214
204
218
123 115
207
124
137
215
213
225227235
148 A
108
135
190
230112
202
122100-201
109
206
201223
118
100
118
110
134
140138136
229
204
165
115
150
146
144
152 A-D
116
215
219217
149
176
146142
201
114
141
161
148
154
119 A
131109
155
138
129
115
121 1/2
117
178
105
133
227
152
58 36 26
203211
143
109
191187
149 ½151
100
123
212
143 ½
139
143
120
A,B124
108
153
173 191
185 1-8
128130132134
114
161
46 42
118
225
117
111
144
242
125
240
124
214133
148
154
139 ½
101 ½
158
234
201
123
ABCDEF
2 3
45 7
193
153
154
A
A
BCDEF
BCDEF
ABC
218
161
C135
891011121314
1234567
100101
102200
140
100200
102
101
100 200
111
209211213223215
180 C
180 A180 B
169
R-1-6
OTMU-15
OTMU-15
OTMU-15
OTMU-24 (SP)
OTMU-15
C-1
OTMU-15
C-2
0 80 16040 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Plaza Park | Chapman & Glassell
383

ORANGE ST

GLASSELL ST

ORANGE ST

GRAND ST

GLASSELL STGLASSELL ST

OLIVE ST

ORANGE ST

CHAPMAN AVE

MAPLE AVE

ALMOND AVE

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Plaza Park | Chapman & Glassell
:

Date Created:
3/18/2024
384

GROVE AVE

BLUERIDGE AVE

GLENDALE DR

GLENDALE AVE

ORANGE OLIVE RD

WOODSIDE ST
ORANGE OLIVE RD301321325 343
345
487
20712067 206520632061
20592057
410246242240 250248304
331303128
133
535
408404 424416
533521
420412406402
428420336340320330318310
540524508
509 529
347341
339
425
126
131
220228224
233237239 401407249245 307305247 315309 341327 345335
404344
505
511523
483
222
220
224
214
218
1884
1888
1898
2040
1982
2026
2052
2064
1990
2000
2012
1997
2036
2040
2056
1850
2021
2043 2015
2009
2019
1991
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2001
2029
2059
1830
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2055
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1910
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2024
1906
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1883
1893
1903
1855
1844
1814
1828
1843
1819
1833
4031-22
1910
2016
1990
1821
1859
1927
424418
338334314244 302222
235 405409243 301 319 337323
212
216
429421
417
335
1931
305
12 3
58 69710 1114121513161718
19202122
AB
2053
20512049
20472045
20432041
20392037
20352033
20312029
2027
20252023
20212017
20152013
20112009
20072005
2003
1838
2042
485
R-1-8
R-1-8
M-1
R-3 (SP)
C-1
R-1-8
R-1-8
R-1-8
M-1
R-1-8
C-1
R-1-8
R-1-8
R-3
R-3 (SP)
C-1
0 100 20050 Feet
:

Parcels
Date Created:
3/18/2024
Zone Change #1311-24

EXISTING ZONING
Shaffer Park | 1930 N Shaffer St
385

GROVE AVE

BLUERIDGE AVE

GLENDALE DR

GLENDALE AVE

ORANGE OLIVE RD

WOODSIDE ST
ORANGE OLIVE RD301321325 343
345
487
20712067 206520632061
20592057
410246242240 250248304
331303128
133
535
408404 424416
533521
420412406402
428420336340320330318310
540524508
509 529
347341
339
425
126
131
220228224
233237239 401407249245 307305247 315309 341327 345335
404344
505
511523
483
222
220
224
214
218
1884
1888
1898
2040
1982
2026
2052
2064
1990
2000
2012
1997
2036
2040
2056
1850
2021
2043 2015
2009
2019
1991
1981
2001
2029
2059
1830
1824
2055
1967
1910
1930
2024
1906
1908
1883
1893
1903
1855
1844
1814
1828
1843
1819
1833
4031-22
1910
2016
1990
1821
1859
1927
424418
338334314244 302222
235 405409243 301 319 337323
212
216
429421
417
335
1931
305
12 3
58 69710 1114121513161718
19202122
AB
2053
20512049
20472045
20432041
20392037
20352033
20312029
2027
20252023
20212017
20152013
20112009
20072005
2003
1838
2042
485
R-1-8
R-1-8
M-1
R-3 (SP)
R-1-8
R-1-8
M-1
R-1-8
C-1
R-1-8
R-1-8
R-3
R-3 (SP)
C-1
R-O
Esri Community Maps Contributors, City of Anaheim, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
0 100 20050 Feet
:

Parcels R-O Zone Change #1311-24

PROPOSED ZONING
Shaffer Park | 1930 N Shaffer St
:

Date Created:
3/18/2024
386
387
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389
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410
Agenda Item
Planning Commission
Item #: 5.2. 4/1/2024 File #: 24-0206
TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director

6. PROJECT DESCRIPTION
The proposed Zone Change involves public park re-zoning as follows:

Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

OS-P R-1-7 & R-1-
7(P)
R-O
El Modena Park 555 S. Hewes St. OS-P R-1-8
Handy Park 2143 E. Oakmont Ave. OS-P R-1-6
Hart Park 701 S. Glassell St. OS R-1-6, R-2-6
R-3 & R-O
La Veta Park 3705 E. La Veta Ave. OS-P R-1-7 &
Unzoned
Olive Park 2841 N. Glassell St. OS-P R-1-7 & C-1
Plaza Park Chapman/Glassell OS-P Unzoned
Shaffer Park 1930 N. Shaffer St. OS-P C-1 & R-1-8
City of Orange Printed on 3/28/2024Page 1 of 3
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Item #: 5.2. 4/1/2024 File #: 24-0206
Park Address General Plan Existing Zoning Proposed
Zoning
Eisenhower Park 2864 N. Tustin St. 1339
E. Buena Vista St.

General Plan:

Open Space: OS
Open Space-Park: OS-P
Zoning:

State law has long required that the General Plan, which establishes long-term objectives and policies for a city, and Zoning Ordinances, be consistent. (Government Code Section 65860(a)). The Legislature, by adoption of Assembly Bill 821 (“AB 821”) in 2023, made changes strengthening remedies for residents and property owners, requiring cities, under certain circumstances, to make zoning consistent with their General Plans within 180 days of the submission of the development agreement or continue to process the development application applying objective general plan standards but not inconsistent zoning standards. (Government Code Section 65860(c)(2)) The law had already authorized any resident or property owner to bring an action or proceeding within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance, and that a zoning ordinance be amended within a reasonable time so that it is consistent with the General Plan in the event that the zoning classification becomes inconsistent with the City of Orange Printed on 3/28/2024Page 2 of 3
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Item #: 5.2. 4/1/2024 File #: 24-0206
General Plan by reason of amendment. (Government Code Section 65860(b)) The identified public park site properties have Zoning Classifications inconsistent with the General Plan, as they are currently zoned with residential or commercial classification at all. The consistent Zoning Classification for the OS and OS-P General Plan Land Use Designation would be R-O.

8. PUBLIC NOTICE
On March 21, 2024, a notice was published in the Orange County Register newspaper.

10. ADVISORY BOARD ACTION
None needed.

11. ATTACHMENTS
· Attachment 1 Planning Commission Resolution No. PC 12-24 (including Ordinance) City of Orange Printed on 3/28/2024Page 3 of 3
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Planning Commission Minutes - Final April 1, 2024

4. COMMISSION BUSINESS

4.1. General Plan Annual Progress Report to the State of California.

A motion was made by Commissioner McCormack, seconded by Commissioner Maldonado to receive and file the 2023 General Plan Annual Progress Report. The motion carried by the following vote:

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

5. NEW BUSINESS

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner Martinez, seconded by Commissioner Maldonado, to adopt Planning Commission Resolution No. 09-24.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

Vice Chair Vejar opened the public hearing; there being no speakers, Vice Chair Vejar closed the public hearing.

A motion was made by Commissioner McCormack, seconded by Commissioner Tucker, to adopt Planning Commission Resolution No. 12-24.

Martinez, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

Simpson, and VazquezAbsent:

Page 2 of 3 ends

414
Agenda Item
City Council
Item #: 8.1. 6/11/2024 File #: 24-0369
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consider potential sales tax measure scenarios and provide direction to City staff.

2. SUMMARY
On May 14, 2024, the City Council directed staff to bring back information on different sales tax measure scenarios, including potential sales tax rates at 1%, 0.75%, and 0.5% as well as sunset dates at 10-years,15-years, and 20-years. Staff is seeking direction from the City Council on how to proceed.

3. RECOMMENDED ACTION
Consider potential sales tax measure scenarios and provide direction to City staff.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community.
b. Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
To address the Fiscal Year 2024-2025 (FY25) $19.1 million General Fund deficit, on May 14, 2024, the City Council discussed potential budget balancing proposals for the FY25 budget. During the City Council’sMay 14th discussion, potential revenue enhancements including a transaction and use tax (sales tax) were considered.

Ultimately, the City Council voted for 1) the budget ad-hoc committee to bring forward a service/program reduction and revenue enhancement package for consideration at the May 28th City Council meeting to help close the budget deficit, and 2) for staff to bring back information on varying sales tax measure scenarios, including:

1. Financial forecasts with sales tax rates at 1%, 0.75%, and 0.5% with sunset dates ranging from 10, 15, to 20 years.

2. Information on voter thresholds for special taxes.

3. Information on a fiscal oversight committee should a potential measure pass.

At the May 28th City Council meeting, select aspects to the service/program reduction and revenue enhancement package were discussed and voted upon; however, due to the long meeting duration, it was decided to table the discussion until a future meeting. With future discussions pending, the City of Orange Printed on 6/6/2024Page 1 of 3
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Item #: 8.1. 6/11/2024 File #: 24-0369
was decided to table the discussion until a future meeting. With future discussions pending, the following analysis assumes the May 28th $12.8 million service/program reduction and just under $4.6 million in revenue enhancements (hereinafter collectively referred to as “budget balancing proposals”). These amounts reflect direction staff received at the May 28th City Council meeting.

Financial Forecasts
Staff worked with HdL Companies to identify the estimated revenue for the different sales tax rates.

Chart Descriptions
Charts illustrating the projected annual General Fund revenue and expenditure changes are attached to the report. All three scenarios assume the previously stated budget balancing proposals are implemented, and that expenditures are not restored in subsequent FYs.

The projected revenues and expenditures in the bar graph incorporate the budget balancing proposals and are increased annually at 3% and 3.5%, respectively. The revenues include the Bradley-Burns sales tax revenues our City is already receiving.

The trend line above the bar graph illustrates changes in projected General Fund revenues if Orange voters approved a sales tax measure (i.e., General Fund revenues as shown in the bar graph + additional revenue generated from a sales tax measure). The following table summarizes the estimated revenue (per year) and projected deficit (if applicable) for each scenario:

Sales Tax Rate Additional Revenue Estimated Deficit Year 1% $38.8 - $40 Million N/A

0.75% $29.1 - $30 Million N/A

0.5% $19.4 - $20 Million FY29
Should Orange voters approve a sales tax measure in November 2024, the City could potentially see 3-4 months of additional sales tax revenue in FY25. This may result in a surplus. However, this once again assumes the budget balancing proposals have been implemented.

Voter Threshold for Special Taxes
Proposition 13 (1978) and Proposition 218 (1996) differentiated and clarified the differences between special and general taxes. Special taxes are taxes imposed for a specific purpose (e.g., tax revenues that exclusively fund parks or public safety). General taxes are taxes imposed for general government purposes.

Article XIII C, Section 2, Subdivision B and D of the California Constitution provides that General Taxes cannot be imposed unless approved by majority vote of the electorate (Subdivision B). Special taxes cannot be imposed unless approved by two-thirds vote of the electorate (Subdivision D).

Financial Oversight Committee
In Orange County, residents in 10 cities have voted to increase their sales tax rates above 7.75% with the lowest at 8.25%, the highest at 9.25%, and a majority at 8.75%. Of these cities, some have created citizen oversight committees to monitor revenues/expenditures generated from the sales tax City of Orange Printed on 6/6/2024Page 2 of 3
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Item #: 8.1. 6/11/2024 File #: 24-0369
measure.

While each city incorporated different elements and responsibilities, there are distinct similarities across each agency. For example, the oversight committees generally serve as an advisory body to the City Council. Additionally, each city directed the oversight committee to review the expenditures/revenues deriving from the sales tax measure and to draft a report to their city councils on the use of sales tax measure funds.

Where the oversight committees generally differ is the type of analysis and reporting they are charged with producing. In some instances, oversight committees review expenditures/revenues against an adopted standard/policy and provide recommendations.

In other cases, the oversight committee is tasked to simply provide a report on how the funds are used. A spreadsheet detailing the nuances of each oversight committee is attached to this report along with supporting documents.

1. SUBJECT
Consider potential sales tax measure scenarios and provide direction to City staff.

3. RECOMMENDED ACTION
Consider potential sales tax measure scenarios and provide direction to City staff.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community.
b. Analyze future fiscal needs and potential revenue opportunities.

1. Financial forecasts with sales tax rates at 1%, 0.75%, and 0.5% with sunset dates ranging from 10, 15, to 20 years.

2. Information on voter thresholds for special taxes.

3. Information on a fiscal oversight committee should a potential measure pass.

At the May 28th City Council meeting, select aspects to the service/program reduction and revenue enhancement package were discussed and voted upon; however, due to the long meeting duration, it was decided to table the discussion until a future meeting. With future discussions pending, the City of Orange Printed on 6/6/2024Page 1 of 3
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Item #: 8.1. 6/11/2024 File #: 24-0369
was decided to table the discussion until a future meeting. With future discussions pending, the following analysis assumes the May 28th $12.8 million service/program reduction and just under $4.6 million in revenue enhancements (hereinafter collectively referred to as “budget balancing proposals”). These amounts reflect direction staff received at the May 28th City Council meeting.

Financial Forecasts
Staff worked with HdL Companies to identify the estimated revenue for the different sales tax rates.

Sales Tax Rate Additional Revenue Estimated Deficit Year 1% $38.8 - $40 Million N/A

0.75% $29.1 - $30 Million N/A

7. ATTACHMENTS
· Attachment 1 Graphs Depicting Different Sales Tax Scenarios · Attachment 2 Citizen Oversight Committee Comparisons
· Attachment 3 Citizen Oversight Committee Supporting Documentation City of Orange Printed on 6/6/2024Page 3 of 3
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-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44 1% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/1% sales tax Attachment A: Sales Tax Scenarios*A
ssumes budget balancing proposals of $12.8 million in expenditure reductions and just under $4.6 million in revenue enhancements. 421
-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44

0.75% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/0.75% sales tax Attachment A: Sales Tax Scenarios*A
ssumes budget balancing proposals of $12.8 million in expenditure reductions and just under $4.6 million in revenue enhancements. 422
-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44

0.5% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/0.5% sales tax Attachment A: Sales Tax Scenarios*A
ssumes budget balancing proposals of $12.8 million in expenditure reductions and just under $4.6 million in revenue enhancements. 423
Citizen Oversight Committee Comparisons
City Number of
Members
*Selection Process and Board
Composition
Number of Meetings Duties/Responsibilities
Fountain
Valley
5 City Council Appointment - At
least one member should
represent the business
community; one member should
be an active senior resident (65 or
older); at least one member must
have voted for the measure; at
least one member must have
voted against the measure.

Remaining member is an at-large
appointment.

Dependent on budget
schedule (active from
January – June)
 Review at a policy level the audited annual financial report which will include sales tax measure revenue and
expenditures.
 Review at a policy level the mid-year financial report of general fund revenues and expenditures.
 Review at a policy level the proposed annual general fund operating budget prior to adoption by the City Council.  Review the above reports at a policy level based on the City’s “Responsible Spending Pledge” and sales tax measure goals of maintaining essential city services including public safety.  The Committee shall produce a report that records the results of its review at a policy level of the City’s audited financial statement, mid-year financial report and proposed annual general fund budget for expenditures of the revenue
generated from the sales tax measure.

Garden
Grove
7 City Council Appointment - At
least one member should
represent the business
community, one member should
be an active senior resident (62 or
older), and at least two should
have a background in
finance/accounting. Remaining
members are at-large
appointments.
4  Review year-end audited annual financial information which will include sales tax measure revenue and expenditures.  Review the mid-year financial report of general fund
revenues and expenditures.
 Review the annual general fund operating budget.
 Review the above reports based on the City’s sales tax measure ordinance and input via the Community Priorities Survey.
 Hear public testimony and comments regarding the City’s sales tax measure.
 The Committee shall produce a report that records the results of its review of the City’s annual general fund budget, mid- year budget and year-end audited financial information for expenditures from revenue generated from the sales tax
measure.
424
Citizen Oversight Committee Comparisons
Placentia 3 City Council Appointment – Two
members shall come from the
Citizens Fiscal Sustainability Task
Force and one from the Financial
Audit Oversight Committee
At least once annually  Review the expenditure of funds generated by the transactions and use tax.
 The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage.

Westminster 5 City Council Appointment – Five
residents of the community with
consideration made to
professional and educational
background.
2  Review the City’s audited financial report specifically related to the use of funds generated through the sales tax measure.  Review general fund revenue and expenditures related to the use of funds generated through the sales tax measure
included in the City’s budget report.
 Production of an annual report to the City Council regarding the findings following the review of the audited financial report and the annual budget report.

Santa Ana 7 City Council Appointment –
Committee members shall be a
resident from the ward the City
Council member represents. The
Mayor will select one at-large
member.
4  Pursuant to Santa Ana Municipal Code Section 35-214, the Committee shall act in an advisory role to the City Council.  The Committee shall review summaries of quarterly and year-to-date revenue generated by sales tax measure, as detailed sales tax data for each business is confidential pursuant to state law.
 The Committee shall review budgeted and actual
expenditures appropriated from the sales tax.
 During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax
consultant and the City's independent financial statement auditor.
 During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year.
*Professional background and education are also considered when appointing individuals. 425
Fountain Valley
426
427
428
429
430
431
432

GARDEN GROVE CITY COUNCIL

RESOLUTION NO. 9540-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DEFINING THE COMPOSITION OF THE MEASURE O – CITIZENS’ OVERSIGHT

COMMITTEE, PURPOSE, TERMS OF OFFICE FOR COMMITTEE MEMBERS, THE SCOPE OF THE COMMITTEE’S RESPONSIBILITES AND OTHER RELATED MATTERS

WHEREAS, on November 6, 2018, Garden Grove voters passed Ordinance No. 2897, also known as Measure O, imposing a one-cent (1%) transactions and use (sales) tax;

WHEREAS, Garden Grove merchants will begin collecting the tax on behalf of the City of Garden Grove on April 1, 2019;

WHEREAS, Ordinance No. 2897 states that the measure will be “subject to a clear system of accountability, including public audits and disclosures of all funds spent to ensure that all funds are spent properly” and “include strict Citizen Oversight, giving an independent voice in overseeing the measure’s funds”;

WHEREAS, this Resolution establishes a Measure O – Citizens’ Oversight Committee; and

WHEREAS, this Resolution sets the composition of the Measure O – Citizens’ Oversight Committee, its purpose, the terms of office, and defines the scope of the committee’s responsibilities; and other related matters.

NOW, THEREFORE, THE CITY OF GARDEN GROVE CITY COUNCIL DOES HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:

SECTION 1. The Measure O – Citizens’ Oversight Committee’s composition, terms of office, scope of responsibilities and other related matters shall be as described in Exhibit A to this Resolution, incorporated herein by reference.

SECTION 2. This Resolution shall become effective immediately upon its passage and adoption.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions.

Garden Grove
433
Garden Grove City Council
Resolution No. 9540-19

Page 2 ends

Adopted this 26
th day of February 2019.

ATTEST: /s/ STEVEN R. JONES
MAYOR
/s/ TERESA POMEROY, CMC________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on February 26, 2019, by the following vote:

AYES: COUNCIL MEMBERS: (7) BRIETI GAM, O’NEILL, NGUYEN T., BUI KLOPFENSTEIN, NGUYEN K., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

/s/ TERESA POMEROY, CMC_

CITY CLERK

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EXHIBIT A

City of Garden Grove
Measure O – Public Safety/9-1-1 and Vital City Services Citizens’ Oversight Committee

1. Purpose: The purpose of the Measure O Citizens’ Oversight Committee will be to review the City’s annual general fund budget, mid-year budget, and year- end audited financial information in regards to the receipt and expenditure of the fiscal year’s one-cent transactions and use (sales) tax revenue. This review will be based on the City’s Measure O Ordinance No. 2897 and input received via the Community Priorities Survey . The committee will communicate its findings to the public and the City Council annually.

2. Committee Responsibilities: The oversight committee responsibilities for each of the years that the Measure O one-cent (1%) transactions and use (sales) tax is collected is:

2.1. Review year-end audited annual fina ncial information which will include Measure O tax revenue and expenditures.

2.2. Review the mid-year financial repo rt of general fund revenues and expenditures.

2.3. Review the annual general fund operating budget.

2.4. Review the above reports based on the City’s Measure O Ordinance No. 2897 and input via the Community Priorities Survey.

2.5. Hear public testimony and comments regarding Measure O.

The Committee shall produce a report that records the results of its review of the City’s annual general fund budget, mid-year budget and year-end audited financial information for expenditures from revenue generated from the Measure O tax. The report shall be presented to the Council at a public meeting and shall be a public record. The report will also be posted on the City’s website. The committee shall confine itself specifically to a high level review of revenues generated under Measure O and related expenditures.

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The Oversight Committee responsibilities do NOT include the following:

‐ Enterprise and other funds generated independent of Measure O; ‐ Enterprise and other fund expenditures independent of Measure O; ‐ Decision-making on spending priorities;
‐ Authority to direct City staff or other officials.

3. Committee Composition: The Oversight Committee shall consist of seven members. At least one member should represent the business community as an owner or representative of a local business; at least one member should be an active senior resident (age 62 or older); at least two members should have background in finance/accounting; and the remaining three members may be members of the community at-large.

The following rules apply to all members:

3.1. All members shall be at least 18-years of age and reside within the State of California and be residents or business owners/representatives in the City of Garden Grove. All members shall be a registered voter. (Confirmation can be made by the voter through the OC Registrar of Voters website.)

3.2. Committee members may not be current Garden Grove employees, Garden Grove City Council members, or any vendor, contractor, or consultant with active co ntracts or agreements with the City of Garden Grove.

3.3. In making its appointment to th e Oversight Committee, the Council may, at its discretion, consider various factors applicable to each candidate including, but not limited to, (i) resi dency in the City, (ii) whether the candidate is a registered voter within the City, and (iii) the candidate’s professional (including financial or accounting experience) and educational background which supports or complements the purposes of the Oversight Committee.

4. Committee is Advisory: Advisory bodies play an important role in City government by assisting and advising the City Council. The primary role of an advisory body is to provide judicious ad vice to the City Council, the elected policy making body of the City. The advisory body’s role can include the review of written and financial information, faci litating the study of issues, assessing the alternatives regarding issues of community concern and ultimately forwarding recommendations through Sta ff Liaison to the City Council for its consideration.

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5. Committee Member Terms of Office: Pursuant to Garden Grove Municipal Code Section 2.21.012 Terms of Office, the term of office for all members of boards, commissions, and committees shall be from the date of appointment to the date of the first meeting of the City Council following each regular municipal election; provided, however, that a member shall remain in office until his or her successor is appointed or as otherwise set forth herein.

First Term Future Terms – 2 years
Appointment Expiration Appointment Expiration
April 2019 December 2020 January 2021 December 2022

6. Committee Organization and Use of Existing City Practices: The Committee shall follow all relevant ex isting City practices in terms of organization and conduct. Specifically:

6.1. Elect the Chair and Vice Chair;

6.2. Operate in accordance with the Ralph M. Brown Public Meetings Act and shall conduct its meetings in accordance with the provisions thereof;

6.3. Operate in accordance with City of Garden Grove - City Council Policy, Commission/Committee Appointments, except where the Measure O Citizens’ Oversight Committee Resolution (Policies) specifically addresses a topic;

6.4. Operate in accordance with City of Garden Grove Administrative Directives or Policies related to Ethics Training for Elected Officials; Appointees to Certain Boards, Commissions, and Committees; and Designated Employees;

6.5. Comply with all State and local ma ndated conflict of interest/economic interest disclosure requirements, if required by law;

6.6. Receive no compensation for service on the Committee.

7. Committee Appointments / Attendance / Removal / Vacancy: The Committee shall be appointed through the normal City Council Committee/Commission Appointments process. Pursuant to Garden Grove Municipal Code Section 2.21.010, the Mayo r, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Th ere will be an application for Measure O Oversight Committee consideration. The power to make determinations as to appointments, attendance, removal and vacancies on the Oversight Committee is expressly reserved by the City Council.

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7.1. For committee’s to function effectiv ely and accomplish their goals, all members must be active participants. This means all members must be present at all meetings. Committee members must inform the staff liaison prior to the meeting if they are unable to attend.

7.2. The Council may remove any Committee members for any reason in accordance with established committee/commission removal processes outlined in Municipal Code section 2.21.014.

7.3. If a Committee member resigns or is removed by the Council, his or her seat shall be declared vacant. The Council in accordance with established appointment processes contained in Municipal Code section 2.21.13 shall fill any vacancies on the Committee.

7.4. A Committee member may be removed as may otherwise be prescribed or required by law.

8. Staff Support / Authority of Committee: Staff from the Finance Department will have primary responsi bility for providing administrative support to the Measure O Citizens’ Oversight Committee as shall be consistent with the Committee’s purpose. The City Manager or his/her designee may also act as staff liaison to the Committ ee. Oversight Committee members do not have the authority to direct staff of the City or other officials.

9. Committee Meeting Schedule: The City’s budget development occurs from January through August; the audited financial statement is typically complete by the end of January; and the mid-year financial report is normally completed in March. Consequently, the Committee will be active from January through August each year with a minimum of two meetings anticipated annually. The committee will have the ability to meet up to four times annually as needed.

The exact meeting schedule (days/times/locations) will be dependent upon the budget preparation schedule, which changes slightly from year to year. No specific hearing dates and times have been established in this resolution in order to allow staff to work with the appointed Committee members to identify days/times that work well for the membership. All Oversight Committee meetings will be public and will be agendized in accordance with the Brown Act.

10.Committee Reports: The Committee shall present to the Council, in public session, an annual written report which shall include the following:

10.1. A summary of the Committee’s pr oceedings and activities during the most recent review period.

10.2. A response to the following ques tions will be addressed in the annual report:
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10.2.1. Does the current audited fina ncial information reflect that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent?

10.2.2. Does the City’s proposed General Fund annual budget and CIP plan protect and maintain the City’s core services including public safety?
The report prepared by the Committ ee documenting their findings and recommendations will be presented to the City Council at a public meeting and will be public record. The report will also be posted on the City’s website.

11.Amendment of Policy and Regulations: The policies and regulations of the Oversight Committee may be subject to later and further amendments by the City Council and its discretion.

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§ 3.32.020. Establishment of citizens' oversight committee.

Pursuant to Ordinance No. O-2018-08, a citizens' oversight committee is hereby established, and shall be hereinafter referred to in this chapter as the "committee." ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.030. Purpose.

The purpose of the committee shall be to review the expenditure of funds generated by the transactions and use tax, and to provide an annual report to the city council on those expenditures. The committee shall meet at least once annually. The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage. Unless otherwise directed by resolution or ordinance of the city council, the committee shall not have any function, power, or authority other than those expressly provided in this chapter. In no event shall a failure of the city council or the committee to meet, or to take any other action, invalidate any tax collected under this chapter; however, any court of competent jurisdiction may issue an order to the city compelling the city to comply with this section. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.040. Membership.

The committee shall be composed of three regular voting members. All members of the committee shall be appointed by the city council and shall be subject to removal by a majority of the city council. Two of the members shall come from the citizens' fiscal sustainability task force and one from the financial audit oversight committee, so long as those bodies continue to exist in the city council's discretion. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.050. Terms of office.

Except as otherwise provided in this section, each committee member shall serve a four year term, which shall expire each succeeding July 1st. In the absence of resignation or removal, each member shall continue to serve until a successor is appointed and qualified. In order to create staggered terms, of those first three members appointed to the committee, two shall serve a four year term, and one shall serve a two year term. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.060. Absence from meeting.

If a member is absent without excuse from three consecutive committee meetings, the chair may notify the city council to consider whether the member should be removed. It is the responsibility of each member to notify the chair or vice-chair before the meeting if a member is unable to attend.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.070. Compensation and reimbursement for expenses.

The members of the committee shall serve without compensation, as stated in Ordinance Downloaded from https://ecode360.com/PL4986 on 2024-05-21 Placentia
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No. O-2018-08. If the expenditure is approved in advance by the city council, the city may pay reasonable expenses for members to attend meetings, conferences or other events that will directly assist the members in the performance of their duties under this chapter.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.080. Officers, meeting rules and records.

Each year the committee shall appoint one of their members to serve as chair, and one to serve as vice-chair. Each will serve a one year term. The chair shall run each meeting, and the vice-chair shall serve in the absence of the chair. The chair and vice-chair shall both serve at the pleasure of the committee.

All meetings of the committee shall be open to the public and shall be noticed pursuant to the requirements of the Ralph M. Brown Act. The city administrator shall designate a city employee to act as secretary of the committee, who shall keep a record of its proceedings, and assist with public postings and the collection of records needed to accomplish the committee's purpose. The committee may adopt reasonable rules and regulations, which shall be consistent with the charter and this chapter. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.090. Annual orientation and training.

Each member shall attend any annual orientation or training event organized by the city.

An unexcused failure to attend any such event shall be grounds for removal from the committee.
( Ord. O-2019-02 § 2, 2019 )
City of Placentia, CA
§ 3.32.070 § 3.32.090
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RESOLUTION NO. 2019- 008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE ESTABLISHMENT OF AND

BYLAWS FOR THE TRANSACTIONS AND USE TAX

MEASURE X CITIZEN OVERSIGHT COMMITTEE
Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows:

WHEREAS, on November 6, 2018, the voters of the City of Santa Ana approved Measure X (Santa Ana NeighborhoodSafety, Homeless Prevention, and Essential City Services Enhancement Measure).

WHEREAS, Measure X established Santa Ana Municipal Code Section 35- 214; which includes a requirement for the City Council to adopt a resolution to establish a citizen oversight committee to act in an advisory role to the City Council in reviewing the annual revenue and expenditures of funds from the tax authorized by Measure X; and the committee members' terms, qualifications and duties, and the committee' s scope of authority.

WHEREAS, on January 15, 2019, the City Council directed staff to prepare a resolution based upon staff recommendation establishing the citizen oversight committee and its bylaws.

NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows:

Section 2. Establishment of Committee, Member Qualifications and Selection, and Member Terms.

A. The Measure X Citizen Oversight Committee (" Committee") shall be established. The name of the Committee shall be the SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE. The Committee shall be comprised of 7 members. All Committee Members must be residents of the City of Santa Ana.

B. Each of the City Council Members shall select one Committee Member, who shall be a resident from the ward the City Council Member represents. The Mayor shall select one Committee Member at large, who must have financial expertise. Financial expertise is defined as minimum education equal to a four-year accredited college or university degree in Finance, Accounting, Economics or a related finance subject major, with two - year' s minimum Resolution No. 2019- 008

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Santa Ana
448
related working experience in the private or governmental sector. All selections put forth for appointment shall be ratified by a majority of the City Council during a regular City Council meeting.

C. Each Committee member shall have a term that coincides with the City Council Member who appointed the Committee Member.

D. Residents who desire to serve on the Committee must submit an application with the Clerk of the Council, pursuant to a process established by the Clerk.

The Clerk of the Council shall furnish completed applications to the applicable City Council Member for consideration.

E. Committee members are volunteers, and are not paid compensation by the City for serving on the Committee.

Section 3. Meetings.

A. The Committee shall be subject to California open meetings law, which is the Ralph M. Brown Act ( California Government Code Section 54950 et seq.).

B. Four members shall constitute a quorum for meetings.

C. The Committee shall self - elect a Chair to preside over meetings, authorize calls for any special meetings subject to the availability of Finance and Management Services Agency staff, execute the Committee' s annual report, and attend the City Council meeting where the Committee's annual report is presented. The Committee shall also self -elect a Vice -Chair to serve in the absence of the Chair.

D. In the absence of both the Chair and Vice - Chair, the Committee shall, as the first order of business, nominate a member to Chair the meeting.

E. The Executive Director of Finance and Management Services shall appoint an employee to serve as the Recording Secretary of the Committee, who shall take minutes, issue notice of all regular and special meetings, and perform other duties associated with the role.

F. The current edition of Robert' s Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code or state law.

G. Regular meetings shall be held quarterly, on the second Wednesdays of March, June, September, and December; which are the months immediately following the availability and analysisof quarter -end sales tax data. Meetings will generally be held at 6:00 pm in a publicly -available room at City Hall, which shall be listed on each meeting agenda publicly posted prior to the meetingin accordancewith state law. Additional meetingsshall be scheduled as needed, or by direction of City Council.

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Section 4. Committee Member Orientation. Committee Members shall receive an orientation including overviews of the following topics: compliance with the Brown Act; this establishing resolution and any subsequent amending resolutions; sales, transactions and use tax law and processes; and the City's budget and financial position.

Section 5. Committee Support.

A. The Finance and Management Services Agency shall supply the staff support for the Committee, including attendance at meetings, and preparation of the agenda and meeting presentations.

B. The City Council shall appropriate a small annual budget sufficient for administrative support such as photocopying, minute -taking, and an annual presentation from the City' s sales tax consultant.

Section 6. Duties.

A. Pursuant to Santa Ana Municipal Code Section 35- 214, the Committee shall act in an advisory role to the City Council.

B. The Committee shall review summaries of quarterly and year-to-date revenue generated by Measure X, as detailed sales tax data for each business is confidential pursuant to state law.

C. The Committee shall review budgeted and actual expenditures appropriated from the Measure X revenue source.

D. During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax consultant and the City's independent financial statement auditor.

E. During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year.

Section 7. Committee Member Absences. If a Committee Member is absent from two consecutive regular meetings, unless by permission of the Committee expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Committee Member, the seat shall become vacant and shall be so declared by the City Council. A notification of non-attendance to the Recording Secretary by either email or phone call may be deemed as an " excused absence" after consideration and vote of a majority of the Committee. Failure to give notification of non- attendance shall be deemed an unexcused absence.

Section 8. Amendment of Bylaws. The bylaws included herein can only be amended by resolution of the City Council.

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Section 9. The bylaws for the Santa Ana 2018 Measure X Citizen Oversight Committee, as described herein, are approved.

Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this 5thday of February, 2019.

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: `cam u- 5
Lisa Storck
Assistant City Attorneye
AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers Reyna ( 1)
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- 008 to be the original resolution adopted by the City Council of the City of Santa Ana on February 5, 2019.

Date:

Norma Mitre
Acting Clerk of the Council
City of Santa Ana
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Agenda Item
City Council
Item #: 10.1. 6/11/2024 File #: 24-0307
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 12-24 deleting Chapter 10.30 of the Orange Municipal Code (Parking Requirements) and adopting a new Chapter 10.30; and approving designated permit parking areas and established permit parking opportunity areas within the City of Orange. Resolution No. 11550.

2. SUMMARY
Proposed new Ordinance to codify the City’sNeighborhood Permit Parking Program (NPPP) which provides a process for designating portions of certain public streets for permit-parking only (Permit Parking Area) and authorizes the City Council of the City of Orange to add, remove, or modify designated Permit Parking Areas within the NPPP by resolution. The codification includes some NPPP modifications intended to conform with current interpretations of the California Vehicle Code and ensure consistency in future implementation.

3. RECOMMENDED ACTION

1. Introduce and conduct First Reading of Ordinance No. 12-24. An Ordinance of the City Council of the City of Orange deleting Chapter 10.30 of the Orange Municipal Code (Parking Requirements) and adopting a new Chapter 10.30.

2. Adopt Resolution No. 11550. A Resolution of the City Council of the City of Orange adopting a Revised Master Resolution of Designated Permit Parking Areas and Established Permit Parking Opportunity Areas within the City of Orange.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
The City’sNeighborhood Permit Parking Program (NPPP) was established in 1987 and is currently governed by two documents: the NPPP Implementation Policy and Steps for Implementation (together the “NPPPPolicy”.) Moreover, whenever a street(s) is first designated for permit parking, a City Council Resolution is approved to reflect the change. This practice is consistent with the requirements of the California Vehicle Code. However, current best practices require that the NPPP Policy, including but not limited to, its goals, policy, procedures, and key criteria, be codified in the City of Orange Printed on 6/6/2024Page 1 of 2
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Item #: 10.1. 6/11/2024 File #: 24-0307
Policy, including but not limited to, its goals, policy, procedures, and key criteria, be codified in the Orange Municipal Code.

The ordinance being introduced would codify all relevant content from the existing NPPP Policy.

Concurrently with the codification, the current NPPP Policy would be repealed. In addition, the action would include approving a resolution to formally memorialize the boundaries of six unique permit parking areas that the City Council has previously established, specifically Permit Parking Area “A,” and “Opportunity Areas” 1 through 5. These are preemptively established, high parking-demand areas within which residents can opt into permit parking on a block-by-block, streamlined basis.

Lastly, the new Ordinance would allow multi-family residential uses to participate in the NPPP and prescribes the number of permits issued to each dwelling based upon bedroom count.

7. ATTACHMENTS
· Ordinance No. 12-24
· Resolution No. 11550
· NPPP Implementation Policy to be repealed
· NPPP Steps for Implementation to be repealed
City of Orange Printed on 6/6/2024Page 2 of 2
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Agenda Item
City Council
Item #: 10.1. 6/11/2024 File #: 24-0307
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
The City’sNeighborhood Permit Parking Program (NPPP) was established in 1987 and is currently governed by two documents: the NPPP Implementation Policy and Steps for Implementation (together the “NPPPPolicy”.) Moreover, whenever a street(s) is first designated for permit parking, a City Council Resolution is approved to reflect the change. This practice is consistent with the requirements of the California Vehicle Code. However, current best practices require that the NPPP Policy, including but not limited to, its goals, policy, procedures, and key criteria, be codified in the City of Orange Printed on 6/6/2024Page 1 of 2
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455
Item #: 10.1. 6/11/2024 File #: 24-0307
Policy, including but not limited to, its goals, policy, procedures, and key criteria, be codified in the Orange Municipal Code.

The ordinance being introduced would codify all relevant content from the existing NPPP Policy.

Lastly, the new Ordinance would allow multi-family residential uses to participate in the NPPP and prescribes the number of permits issued to each dwelling based upon bedroom count.

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE DELETING CHAPTER 10.30 OF

THE ORANGE MUNICIPAL CODE (PARKING

REQUIREMENTS) AND ADOPTING A NEW
CHAPTER 10.30

WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and

WHEREAS, local authorities may also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and

WHEREAS, pursuant to the authority provided by the California Vehicle Code, the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange; and

WHEREAS, Section s 10.30.010 and 10.30.020 specifically establishes the Neighborhood Parking Permit Program which, in part, provides a process for designating portions of certain public streets for permit -parking only (Permit Parking Area) and authorizes the City Council of the City of Orange to add , remove or modify designated Permit Parking Areas within the Neighborhood Permit Parking Program by resolution; and

WHEREAS, since adoption of Chapter 10.30, the City has, by resolution, established Permit Parking Areas or potential Permit Parking Areas, on a block-by-block basis, throughout the City, generally identified as Permit Parking Area s A-AA and Permit Parking Opportunity Areas A and 1-5; and

WHEREAS, with the adoption of Chapter 10.30, the Neighborhood Permit Parking Program and Steps for Implementation Policy (NPPP) last approved by the City Council on August 9, 2022, which is referenced in the City Council Minutes Item 7.2 is hereby repealed ; and

WHEREAS, the City Council recently adopted a Master Resolution (Resolution No. 11508) on Dec 12, 2023, containing a list of all Permit Parking Areas throughout the City; and

WHEREAS, it is the desire of the City Council to repeal Chapter 10.30 and adopt a new Chapter 10.30 to further codify the City’s Neighborhood Permit Parking Program in order to ensure that the process creation and enforcement of Permit Parking Areas is in the Orange Municipal Code ; and

457
2 WHEREAS, the City Council further wishes to adopt this new Chapter 10.30 in order to clarify the criteria and procedures for evaluation, recommendation and approval of Permit Parking Areas under the City’s Neighborhood Permit Parking Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1:

The recitals stated above are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance.

SECTION 2:

Chapter 10.30 of the Orange Municipal Code “Parking Requirements” is hereby deleted in its entirety.

SECTION 3:

New Chapter 10.30 of the Orange Municipal Code “Parking Requirements,” is hereby added to read as follows:

10.30.010 Neighborhood Permit Parking Program.

A. The City Council may, by resolution, establish designated Permit Parking Areas, procedures, fees and other requirements pertinent to the City’s Neighborhood Permit Parking Program, which is hereby established pursuant to Vehicle Code Section 2250 7.

B. City Council by resolution, and at its sole discretion may create a Permit Parking Area including setting boundaries or hours of use or other relevant rules governing a particular Permit Parking Area. Permit Parking Areas shall be by reference to a specific block(s) and/or sides of a block(s) within certain streets or portions of streets, for the benefit of the residents and shall be based on the following findings:

a. That designation of a Permit Parking Area is required to enhance or protect the quality of life in the area of the proposed Permit Parking Area which is threatened by noise, traffic hazards, environmental pollution, or devaluation of real property resulting from non -resident vehicle parking or traffic; and

b. That designation of the Permit Parking Area is necessary to provide reasonably available and convenient parking for the benefit of residents within such Permit Parking Area , as there are no other feasible or practical alternatives that would reduce the identified non -resident parking .

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3 10.30.020 Process To Create a Permit Parking Area.

A. In order to seek approval of a Permit Parking Area an applicant must be a property owner on an affected street , and submit a written request to the Traffic Division of the Public Works Department to create a Permit Parking Are a and pay the required fee, as established by resolution of the City Council . The Traffic Division will review the request and determine if proposed permit parking district boundaries can be created and then conduct a parking occupancy study to determine parking occupancy levels. If the study shows that 75% of the available parking is being utilized during the observation times, then the City will send a petition to the property owners to determine the level of support . The deadline to return petitions shall be set by the Traffic Engineer and indicated on the petition. If the City receives petitions in favor of permit parking signed by at least three-fourths (3/4) of the property owners in the proposed Permit Parking Area, the Traffic Engineer will present the request to the Traffic Commission for their consideration and further recommendation.

The Traffic Commission shall consider the matter and make a recommendation to the City Council for the Permit Parking Area . The matter will be agendized for City Council consideration. If a Permit Parking Area is approved by the City Council, at its sole discretion, after signs have been posted giving notice thereof, no person shall park a motor vehicle, during all or certain portions of the day, within the boundaries of the Permit Parking Area, unless a valid parking permit is affixed to the motor vehicle in a manner that is clearly visible to law enforcement.

B. Notwithstanding 10.30.020(A), within 12 months of establishing a new Permit Parking Area, property owners on an adjacent street may initiate a request for permit parking without paying an application fee. All other code procedures and requirements shall apply.

The City Council may, at its sole discretion, establish areas within which individual streets may request to implement permit parking on a block -by-block basis . Requests in these areas shall be exempt from any application fees or parking occupancy requirements and the requirement to demonstrate fifty -five percent support via the petition process described in this Chapter . All other code procedures and requirements shall apply. Preemptively established permit parking areas shall be identified and described by City Council Resolution.

C. Dwelling units incorporated into the permit parking program prior to June 1, 2024, may be issued permits based upon the number previously allowed. Dwelling units approved for permit parking after June 1 , 2024, shall be entitled to one parking permit per approved bedroom, up to a maximum of five (5) . Approved dwellings without any bedrooms may request up to one (1) permit.

D. To be considered a dwelling unit eligible for permits, the dwelling unit must have been issued the proper permits by the City. A dwelling unit includes a single -family residence with an ADU and/or JADU, an apartment, a condominium, and a duplex (two dwelling units), but does not include a motel or hotel or similar use with transient occupancy . A resident means a home owner, tenant, or other person who lives in the dwelling unit. Each permit shall be subject to all conditions and restrictions contained in this Chapter and for the Permit Parking Area designated for which it is issued. 459
4 E. Parking permits shall be issued in three -year cycles , as determined by the Orange Police Department. Permits issued shall be valid for the remainder of the current permitting cycle or until such time as the resident -permittee ceases to reside in the Permit Parking Area , whichever occurs first. At the discretion of the Police Chief, Chapman University Students living in any permit parking area may b e issued one permit on an annual basis , up to four (4) permits per dwelling unit, unless the dwelling unit has already been issued any permits under Section 10.30.0 20(C). The Police Chief may modify procedures related to issuance of parking permits for Chapman University students.

F. It shall be unlawful for any person to sell, rent or lease or cause to be sold, rented or lease d, for any value or consideration any parking permit issued under the Neighborhood P ermit Parking Program.

G. It shall be unlawful for any person to buy or otherwise acquire for value or consideration or use any parking permits not lawfully issued under the Neighborhood Permit Parking Program to that person as a resident.

H. Permits issued or procured through fraud or misrepresentation and permits issued to resident-permittees who have violated provisions of this Chapter may be revoked after a hearing before the Public Works Director or their designee, with notice of the time and place of such hearing mailed to the resident -permittee at least ten (10) days before the hearing. If the permit is revoked, the resident -permittee shall be mailed written notice of the City’s determination. Resident -permittees who have had a permit revoked shall be ineligible for another permit under the Neighborhood Permit Parking Program for two (2) years.

I. Restrictions in designated Permit Parking Area s shall not apply to any authorized emergency vehicles, City or Government vehicles, public utility vehicles or service vehicles when used for official business or any vehicles used for the collection or delivery of United States mail or any commercial veh icle actively making pickups or deliveries of good, wares or merchandise to or from a dwelling unit.

J. The City Council may terminate a designated Permit Parking Area at its sole discretion or upon receipt of a petition received by the City Clerk and contains the signature and corresponding printed name and address of the property owners representing 75% of the dwelling units in the designated Permit Parking Area .

10.30.030 Clearance for Adjacent Lane.

No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than nine feet clearance for the width of the lane immediately adjacent to the nearest curb for free movement of vehicular traffic when proper notice has been given.

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5 10.30.040 Distance from Curb—Plaza Square.

It is unlawful to stop or park any vehicle on Plaza Square unless both front wheels are not more than 18 inches from the curb.

10.30.050 Permit Parking—Plaza Area.

A. The City Traffic Engineer is authorized to designate and to alter, from time to time, the number and locations of spaces for permit parking at all parking lots owned by the City of Orange serving the central public square and circular plaza at Glassell Str eet and Chapman Avenue (the Plaza), which parking lots are described in Section 10.42.050 of this code.

Furthermore, the City Traffic Engineer is authorized to establish from time to time, and to change, alter, and amend, and the Chief of Police is authorized to enforce, any reasonable rules and regulations which are deemed necessary or advisab le for the proper and efficient operation of the permit parking at all such parking lots.

B. Permits shall be issued by the City's Director of Finance on a semi-annual basis in an amount and based upon the fees therefor established and adjusted, from time to time, by resolution of the City Council amending the master schedule of fees and charges. Permits shall be affixed or attached to a permittee's motor vehicle in an area or location as designated by the Chief of Police.

10.30.060 Permit Parking —Portions of Certain Designated Public Streets —The Neighborhood Parking Permit Program.

A. No person shall park a motor vehicle at any time on portions of certain designated public streets unless a valid parking permit is affixed in a manner directed by the Police Department when signs have been posted giving notice thereof. A valid parking permit shall be required to park any motor vehicle on stated portions of any public street designated by resolution of the City Council and on file with the City Clerk. A parking permit and/or visitor's permit is valid only in the neighborhood parking permit area for which the permit was issued.

B. No person shall make, duplicate, reproduce, transfer, sell or give any permit issued for the neighborhood parking permit program without authorization of the City Council. Nor shall any person distribute or circulate any duplicate, reproduction or copy of any permit issued for the neighborhood parking permit program. Any violation of this subsection shall be a misdemeanor and any misuse or abuse of the permit may result in its confiscation.

C. The program to mitigate the intrusion of college -oriented or other long -term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the neighborhood parking permit program.

D. The City Council may, by resolution, establish additional areas, delete or modify existing areas and set forth qualifications, procedures, fees and other requirements pertinent to the neighborhood parking permit program.
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6 E. The Chief of Police shall implement and administer the neighborhood parking permit program, including, but not limited to, ensuring appropriate signage and the issuance of parking permits. In addition, the Chief of Police shall report to the City Council from time to time, or when requested to do so by the Council, on the implementation of the program and recommend appropriate measures to improve the program.

10.30.070 Permit Parking Between the Hours of 10:00 P.M. and 6:00 A.M.

A. No person shall park or allow a motor vehicle to remain standing between the hours of 10:00 p.m. and 6:00 a.m. on those portions of public streets designated in subsection B of this section, unless a valid parking permit is affixed to the left rear area of the bumper or such other area of the vehicle as the City Council may authorize when signs have been posted giving notice thereof. A valid parking permit shall be required to park any motor vehicle on stated portions of any public street designated in subsection B of this section.

B. Any restricted parking areas established under this section shall be considered part of the neighborhood permit parking program established in Section s 10.30.010 and 10.30.020 for purposes of administration, and shall be subject to the provisions of subsections B and E of Section 10.30.060. Areas established under this section shall be designated in such a way as to avoid confusion with any area designated in Section 10.30.060.

C. The areas subject to permit parking restrictions from 10:00 p.m. to 6:00 a.m. shall be designated by resolution of the City Council and on file with the City Clerk.

SECTION 4:

Nothing herein shall be interpreted to terminate or dissolve any existing Permit Parking Area validly established under previous requirements of the Neighborhood Permit Parking Program. Any pending applications for the establishment of a new Permit Parking Area, including applications wherein petition have or will be circulated, shall adhere to the procedures contained in this newly adopted Ordinance.

SECTION 5:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION 6:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

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7 ADOPTED this ____ day of ___________________, 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2024 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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RESOLUTION NO. 11550

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING A REVISED MASTER

RESOLUTION OF DESIGNATED PERMIT PARKING

AREAS AND ESTABLISHED PERMIT PARKING

OPPORTUNITY AREAS WITHIN THE CITY OF
ORANGE

WHEREAS, Sections 10.30.010 and 10.30.020 specifically establishes the Neighborhood Parking Permit Program designating portions of certain public streets for permit-parking and explicitly authorizes the City Council of the City of Orange to add, remove or modify designated areas within the Neighborhood Parking Permit Program by resolution; and

WHEREAS, the creation of a “Master Resolution” containing all the permit parking areas in a single document eliminates the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Parking Permit Program; and

WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on April 23, 2024 (Resolution No. 11539), containing a list of all permit parking areas within the City; and

WHEREAS, staff now recommends amending Chapman University Neighborhood Permit Parking Area “A” to reflect the current list of streets designated for permit parking to these Permit Parking Opportunity Areas within the City of Orange; and

WHEREAS, accordingly, the City Council desires to rescind Resolution No. 11539 and replace it with a revised Resolution containing all areas that have been designated for permit parking, and amending Chapman University Neighborhood Permit Parking Area “A” , as further described in Section II of this Resolution and further contained in the attached Exhibit A , in addition to preemptively established permit parking opportunity area boundaries, as further contained in the attached Exhibit B, Exhibit C, Exhibit D , Exhibit E, Exhibit F, Exhibit G, and Exhibit H.
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2 NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Orange does resolve as follows:

SECTION I:

That Resolution No. 11539, adopted April 23, 2024 , is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11550.

SECTION II:

That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking program will be amended to include the following stree ts in the permit parking program for Chapman University Neighborhood Permit Parking Area “A” that have been designated:

CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”

1. Both sides of Center St. from Walnut Ave. to the southern terminus of Center St. adjacent to residential land uses.

2. Both sides of Cleveland St. from Palm Ave. to Sycamore Ave.

3. East side of Cypress St. from Maple Ave. to the southern property line of 171 North Cypress St.

4. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.

5. Both sides of Everett Pl. from Shaffer St. to Glassell St.

6. Both sides of Glassell St. from Walnut Ave. to Rose Ave.

7. East side of Grand St. from the southern property line of 127 N Grand Street to the northern property line of 147 North Grand St.

8. Both sides of Grand St. from Palm Ave. to the southern property line of 183 N Grand St. adjacent to residential land uses.

9. Both sides of Grand St. from Mayfair Ave. to Walnut Ave. adjacent to residential land uses.

10. Both sides of Harwood St. from Palm Ave. to the northern terminus of Harwood St.

11. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.

12. East side of Lemon St. from Maple Ave. to the southern property line of 149 North Lemon St.

13. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.

14. Both sides of Maple Ave. from Cleveland St. to Orange St. adjacent to residential land uses.

15. North side of Maple Ave. from Olive St. to the eastern property line of 115 East Maple Ave.

16. Both sides of Mayfair Ave. from Shaffer St. to Glassell St.

17. Both sides of Olive St. from Maple Ave. to the northern terminus of Olive St. adjacent to residential land uses.

18. Both sides of Olive St. from Sycamore Ave. to Walnut Ave.

19. Both sides of Orange St. from Maple Ave. to Palm Ave. adjacent to residential land uses.

20. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.

21. Both sides of Palm Ave. from Harwood St. to Glassell St. adjacent to residential land uses.

22. North side of Palm Ave. from Pine St. to Harwood St.

23. Both sides of Rose Ave. from Glassell St. to Grand St.

24. Both sides of Shaffer St. from Chapman Ave. to Walnut Ave. adjacent to residential land uses.

25. West side of Shaffer St. from Walnut Ave. to the northern property line of 516 North Shaffer St. 465
3 26. Both sides of Sycamore Ave. from Cambridge St. to Center St.

27. North side of Sycamore Ave. from Glassell St. to the western property line of 317 West Sycamore Ave. adjacent to residential land uses.

28. South side of Sycamore Ave. from the western property line of 314 West Sycamore Ave. to Lemon St.

29. Both sides of Walnut Ave. from Cambridge St. to Center St. adjacent to residential land uses.

In addition, Exhibit B has been created to identify the general boundaries of Chapman University Neighborhood Permit Parking Opportunity Area A and Opportunity Areas 1 -5.

Exhibits C through H are maps visualizing the Opportunity Areas described in Exhibit B.

SECTION III:

That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking program attached hereto as Exhibit s “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, Exhibit “G”, and Exhibit “H” is hereby adopted.

ADOPTED this day of , 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Exhibit A

Page 1 of 7 ends

EXHIBIT A

The following areas are all areas that have been designated by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.