Tom Kisela
City Manager
Mike Vigliotta
City Attorney
Pamela Coleman
City Clerk
DAN SLATER
Mayor
ARIANNA BARRIOS
Mayor pro tem, District 1
JON DUMITRU
Councilmember, District 2
KATHY TAVOULARIS
Councilmember, District 3
DENIS BILODEAU
Councilmember, District 4
ANA GUTIERREZ
Councilmember, District 5
JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA -
FINAL-REVISED
City Council
June 25, 2024
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
Teleconference Location
Grand Hyatt Nashville
1000 Broadway, Grand Club Meeting Room
Nashville, TN 37203
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.
Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before Council is to consider the item will be made available for public inspection in the City Clerk’s Office during normal business hours; at the City Council meeting; and made available on the City's website.
Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.
Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name, address, and identify the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law .
City Council Agenda - Final-revised June 25, 2024
Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.
In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.
Please contact the City Clerk’s Office at (714) 744-5500 with any questions.
ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
City Council Agenda - Final-revised June 25, 2024
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Gabe Saldivar, Life Church of Orange
1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
County of Orange Gun Buyback Event Certificate of Appreciation presentation to Orange Police Department
1.5 REPORT ON CLOSED SESSION ACTIONS
2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff, or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.
3.1. Waive reading in full of all ordinances on the Agenda.
Approve.
Recommended Action:
3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on May 28, 2024; and Special Meeting held on June 5, 2024.
Approve minutes as presented.
Recommended Action:
Staff Report
May 28, 2024, Regular Meeting minutes
June 5, 2024, Special Meeting minutes
Attachments:
City Council Agenda - Final-revised June 25, 2024
3.3. Agreement with Bio Aquatics Lake Management LLC for lake, pond, and stream maintenance services at Eisenhower Park.
Approve four -year agreement with Bio Aquatics Lake Management LLC in an amount not to exceed $ 164,285 for lake, pond, and stream maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Bio Aquatics Lake Management LLC
Attachments:
3.4. Agreement with Intratek Computer, Inc. for helpdesk and desktop technical support.
Approve a one -year agreement with Intratek Computer, Inc. in the amount of $344,413.56 for helpdesk and desktop technical support services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Intratek, Inc
Attachments:
3.5. First Amendment to Agreement with KOA Corporation for On -Call Traffic Engineering Services and Plan Review.
Approve the amendment to agreement with KOA Corporation for On -Call Traffic Engineering Services and Plan Review; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Agreement with KOA Corporation
Attachments:
3.6. Appropriation of $ 18,097 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s General Fund (100) revenue budget $18,097 in designated funding from the State of California Office of Emergency Services to:
100.4031.48218.40321 CalOES - Medical Examinations
2. Authorize the appropriation of $18,097 into General Fund (100):
100.4031.51640.00000 Contractual Services - Medical
Recommended Action:
3.7. Appropriation of $ 85,855.93 in designated Public Safety Realignment /Assembly Bill 109 funding received from the County of Orange.
1. Accept into the City ’s General Fund (100) revenue budget an $85,855.93 deposit Recommended Action:
City Council Agenda - Final-revised June 25, 2024
from the County of Orange to:
100.4031.45495.20159 Other Grant Revenue-Post Release Community Supervision
2. Authorize the appropriation of $85,855.93 into General Fund (100):
100.4031.50221.20159 Overtime - Post Release Community Supervision Staff ReportAttachments:
3.8. Appropriation of $ 109,530.60 in donations and revenue from the Community Partnership Program, Recreation class programs, Military Banners, and Community Garden plot fees.
1. Accept into the City ’s General Fund (100) revenue budget $109,530.60 in Recreation class revenue, garden plot fees, Military Banner donations, and special event donations through the Community Partnership Program to:
100.7001.46540.00000 Recreation Classes $ 72,705.30
100.7001.44210.20227 Garden Plot Fees $ 3,825.00
100.7001.48390.20054 Military Banner Program $ 3,000.30 100.7015.48390.20543 Donations - 2024 Special Event $ 30,000.00
2. Authorize the appropriation of $57,413.01 to General Fund (100):
100.7011.51670.00000 Other Prof. & Consulting Services $50,893.71 100.7001.51700.20227 Garden Plots $ 3,519.00
100.7001.51780.20054 Military Banner Program $ 3,000.30 Recommended Action:
Staff ReportAttachments:
3.9. Award of Contract to CEM Construction Corporation for Annual Sewer Replacement/Maintenance Fiscal Year 2023-2024; Bid No. 23-24.35 (S-250).
Approve the contract with CEM Construction Corporation in the total amount of $2,287,087, representing an original bid amount of $ 2,079,170, plus a 10% contingency of $ 207,917, for Annual Sewer Replacement /Maintenance Fiscal Year 2023-2024; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Contract with CEM Construction Corporation
Bid Abstract
Attachments:
3.10. Second Reading and adoption of 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. Ordinance No. 12-24.
Adopt Ordinance No. 12-24.
Recommended Action:
Staff Report
Ordinance No. 12-24
Attachments:
City Council Agenda - Final-revised June 25, 2024
3.11. Authorize purchase of materials and supplies for water maintenance operations from various vendors.
Approve purchase orders for miscellaneous materials and supplies as described in Section 6 of the staff report for a total amount of $1,295,000.
Recommended Action:
Staff ReportAttachments:
3.12. Authorize purchase of computer monitors from CPAC, Inc.
1. Approve the purchase of computer monitors from CPAC, Inc. for $209,943.43.
2. Authorize the appropriation of $210,000 from the City Infrastructure Bond (553) unreserved fund balance to:
553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate Recommended Action:
Staff Report
CPAC, Inc. quote
Best Buy quote
HP Request
Attachments:
3.13. Authorize purchase of medical supplies from Life -Assist, Inc. under the National Purchasing Partners cooperative contract No. PS20180 with League of Oregon Cities for Fiscal Year 2024-2025.
Approve the purchase of medical supplies and medications from Life -Assist, Inc. in an amount of $318,500 for Fiscal Year 2024-2025.
Recommended Action:
Staff Report
Intergovernmental Cooperative Purchasing Agreement
Attachments:
3.14. Authorize purchase of Fire Department uniforms, wildland safety gear and accessories for LineGear Fire & Rescue Equipment under the General Service Administration Contract number GS-07F-9246S for Fiscal Year 2024-2025.
Approve the purchase of Fire Department uniforms, wildland safety gear, and accessories from LineGear Fire & Rescue Equipment in the amount of $ 167,000 for Fiscal Year 2024-2025.
Recommended Action:
Staff Report
General Service Administration Contract number GS-07F-9246S Attachments:
City Council Agenda - Final-revised June 25, 2024
3.15. Authorize the purchase of safety gear and associated equipment from L .N. Curtis & Sons under Sourcewell Cooperative Agreement numbers 020124-LNC and 010424-LNC for Fiscal Year 2024-2025.
Approve the purchase of fire suppression safety gear and equipment with L .N. Curtis & Sons in the amount of $40,000 for Fiscal Year 2024-2025.
Recommended Action:
Staff Report
2024 Sourcewell Cooperative Purchasing Agreement number 020124-LNC
2024 Sourcewell Cooperative Purchasing Agreement No.
010424-LNC
Attachments:
3.16. Authorize purchase of turnout safety gear and associated fire safety equipment from Allstar Fire Equipment under the Sourcewell cooperative purchasing agreement number 010424-LIO for Fiscal Year 2024-2025.
Approve the purchase of fire suppression turnout safety gear and equipment from Allstar Fire Equipment in the amount of $149,000 for Fiscal Year 2024-2025.
Recommended Action:
Staff Report
2024 Sourcewell Cooperative Agreement Contract 010424-LIO Attachments:
3.17. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust Ground Ambulance Transportation Rates. Resolution No. 11556.
Adopt Resolution No. 11556. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust Emergency Medical Services and Ground Ambulance Transportation Rates.
Recommended Action:
Staff Report
Resolution No. 11556
Orange County EMS Policy/Procedures #714.00
Attachments:
3.18. City of Orange Conflict of Interest Code amendment. Resolution No 11558.
Adopt Resolution No. 11558. A Resolution of the City Council of the City of Orange adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.
Recommended Action:
City Council Agenda - Final-revised June 25, 2024
Staff Report
Resolution No. 11558 with Exhibit A
Legislative version of Exhibit A
Notice of Intention to Amend the City's Conflict of Interest Code Attachments:
3.19. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2024-25. Resolution No. 11563.
Adopt Resolution No. 11563. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11469 and approving and adopting a Statement of Investment Policy for Fiscal Year 2024-25.
Recommended Action:
Staff Report
Resolution 11563
FY 24-25 Statement of Investment Policy
FY 23-24 Statement of Investment Policy (Redline)
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .
Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.
5.1. Highlight Local Business (Gutierrez)
6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.
7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.1. Appointment to the Planning Commission, Design Review Committee, and Traffic Commission.
Confirm Mayor Slater ’s recommendation to appoint Isaiah Leslie to the Planning Commission to fill an unexpired term ending on June 30, 2027; Michael Lopez to the Design Review Committee for a four -year term beginning on July 1, 2024, and ending on June 30, 2028; and Sean Chavarria to the Traffic Commission for a four -year term beginning on July 1, 2024 and ending on June 30, 2028.
Recommended Action:
City Council Agenda - Final-revised June 25, 2024
Staff ReportAttachments:
8. REPORTS FROM CITY MANAGER
8.1. Presentation of Experience Orange shop local rewards program.
Receive and file.
Recommended Action:
Staff ReportAttachments:
9. PUBLIC HEARINGS
9.1. Public Hearing to consider introduction and First Reading of Ordinance No .16-24 approving a First Amendment to Development Agreement with Chapman Orange Holdings, LLC.
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 16-24. An Ordinance of the City Council of the City of Orange approving a First Amendment to Development Agreement No. 7204 by and between the City of Orange and Chapman Orange Holdings, LLC, a California Limited Liability Company.
3. Authorize the City Manager to execute a non -exclusive license in conformance with the provisions in Section 6.3 of the amended Development Agreement No. 7204.
Recommended Action:
Staff Report
Ordinance No. 16-24
First Amendment to Development Agreement
Attachments:
9.2. Public Hearing to consider introduction and First Reading of Ordinance No. 20-24 updating Accessory Dwelling Unit provisions of the Orange Municipal Code, and finding of CEQA exemption.
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 20-24. An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code updating accessory dwelling unit provisions of the Orange Municipal Code in response to changes in state law and guidance from the Department of Housing and Community Development.
3. Find that the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Title 14, California Code of Regulations Section 15282(h).
Recommended Action:
City Council Agenda - Final-revised June 25, 2024
Staff Report
Attachment 1 Ordinance No. 20-24
Attachment 2 Ordinance No. 20-24 - Redlined
Attachment 3 Planning Commission Resolution No. PC 14-24 Attachment 4 Planning Commission Staff Report, May 6, 2024 Attachment 5 Planning Commission Meeting Minutes, May 6, 2024 Attachment 6 City Council Ordinance No. 03-21 - Existing ADU Ordinance
Attachment 7 Map of High Frequency Transit Stops with 1/2 Mile Buffer
Attachment 8 Government Code Sections 66310-66339
Attachments:
9.3. Public Hearing to consider introduction and First Reading of Ordinance No. 18-24 Amending Title 17 of the Orange Municipal Code to add a provision related to director interpretations, city exemption from the Zoning Ordinance, tie votes, and to amend the appeal and time extension provisions.
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 18.24. An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange Municipal Code to add provisions related to director interpretations, City exemption from the Zoning Code, tie votes, and amending the Zoning Ordinance ’s appeal and time extension provisions.
Recommended Action:
Staff Report
Ordinance No. 18-24
Ordinance No. 18-24 - REDLINE
Attachments:
9.4. Public Hearing to consider introduction and First Reading of Ordinance No. 19-24 amending Chapter 17.44 of the Orange Municipal Code providing a mechanism for the transfer of development rights, and finding that the ordinance has already been addressed in the scope of the City of Orange General Plan EIR and is also exempt from CEQA.
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 19-24. An ordinance of the City Council of the City of Orange amending Chapter 17.44 of the Orange Municipal Code adding a new Section 17.44.210 to establish a mechanism for the transfer of development rights for purposes of creating opportunities for housing, open space, and trails.
3. Find the ordinance is within the scope of the previously approved Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update which was certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA), and also exempt from CEQA Recommended Action:
City Council Agenda - Final-revised June 25, 2024
pursuant to, but not limited to, State CEQA Guidelines Section 15308.
Staff Report
Attachment 1 Ordinance No. 19-24
Attachment 2 Sending and Receiving Area Maps
Attachment 3 Planning Commission Resolution No. PC No. 11-24 Attachment 4 Planning Commission Staff Report, May 6, 2024 Attachment 5 Planning Commission Minutes, May 6, 2024
Attachments:
10. ADMINISTRATIVE REPORTS
10.1. Fiscal Year 2024-25 City of Orange Budget and Five -Year Capital Improvement Program.
The following action items are recommended to adopt the Fiscal Year 2024-25 Budget, effective July 1, 2024:
1. Adopt Resolution No. 11565. A Resolution of the City Council of the City of Orange adopting said City ’s Budget for Fiscal Year 2024-25 and authorizing transfer of funds within and between appropriations, transfer of funds between funds, and additional appropriations.
2. Adopt Resolution No. 11564. A Resolution of the City Council of the City of Orange adopting the appropriations limit for Fiscal Year 2024-25.
3. Adopt Resolution No. 11566. A Resolution of the City Council of the City of Orange to approve and authorize staff to submit to the Orange County Transportation Authority the Measure M 2 Seven -Year Capital Improvement Program for Fiscal Year 2024-25 through 2030-31 to comply with Measure M2 eligibility criteria.
4. Adopt Resolution No. 11560. A Resolution of the City Council of The City of Orange amending Resolution No. 11511 between the City of Orange and The Orange Municipal Employees’ Association.
5. Adopt Resolution No. 11562. A Resolution of the City Council of The City of Orange Rescinding Resolution No. 11533 and amending the Citywide Pay Schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
Recommended Action:
City Council Agenda - Final-revised June 25, 2024
Staff Report
Attachment A - 1 Adoption of Budget FY24-25
Attachment A - 2 FY25 Schedule of Changes in Fund Balance Attachment A - 3 Statement of Revenues and Expenditures Attachment A - 4 FY25 Capital Improvement Projects
Attachment A - 5 Five-Year Capital Improvement Plan
Attachment B - Resolution No. 11564
Attachment C - Resolution No. 11566
Attachment D - Resolution No. 11560
Attachment E - Resolution No. 11562
Attachment F - FY25 Revenue Enhancements
Attachment G - FY25 Budget Reductions
Attachments:
10.2. City of Orange Public Safety /City Services Local General Transactions and Use Tax (Sales Tax) Measure and Presentation from Fairbank, Maslin, Maullin, Metz & Associates on the results from a citywide tracking survey.
1. Receive and file a presentation from Fairbank, Maslin, Maullin, Metz & Associates on the results of the citywide tracking survey that studied the feasibility of potential revenue measures and budget/service priorities.
2. Discuss the results from the citywide tracking survey and select the transactions and use tax rate and expiration date to be incorporated into Resolution No. 11559 and Resolution No. 11561.
3. Adopt Resolution No. 11559. A Resolution of the City Council of the City of Orange ordering the submission to the qualified electors of the City a certain measure relating to a local general transactions and use tax (Sales Tax) at the November 5, 2024, General Municipal Election as called by Resolution No. 11545.
4. Identify Members of the City Council to file arguments for or against the measure and adopt Resolution No. 11561. A Resolution of the City Council of the City of Orange Setting Priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis for the measure to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024.
Recommended Action:
Staff Report
Resolution No. 11559
Resolution No. 11561
Attachments:
10.3. Agreement with Lyons Security Service Inc ., for City parks and facilities and Old Towne West Metrolink Parking structure security services.
Approve four -year agreement with Lyons Security Service, Inc. in an amount not to exceed $ 1,027,732.51 for security services for city parks and facilities and Old Towne Recommended Action:
City Council Agenda - Final-revised June 25, 2024
West Metrolink Parking structure; and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Proposal Abstract Summary
Agreement with Lyons Security Service, Inc.
Attachments:
10.4. Agreement with Nieves Landscape, Inc. for City parks and Santiago Creek Bike Trail landscape maintenance services.
Approve four -year agreement with Nieves Landscape, Inc. in an amount not to exceed $4,291,692.17 for landscape maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Proposal Abstract Summary Landscape
Agreement with Nieves Landscape Inc.
Attachments:
10.5. Award of Contract to Merchants Building Maintenance, Inc. for custodial services of City parks and facilities.
Approve the contract with Merchants Building Maintenance, Inc. in the total amount of $1,518,670.76, for custodial services of City parks and facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Proposal Abstract Summary
Contract with Merchants Building Maintenance, Inc.
Attachments:
11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, July 23, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. The July 9, 2024, Regular City Council meeting has been cancelled.
I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: June 20, 2024