Orange — 2023-03-14

3. RECESS TO CLOSED SESSION\na. PUBLIC EMPLOYEE APPOINTMENT\nPursuant to Government Code Section 54957(b)1.\nTitle: Finance Director\nb. PUBLIC EMPLOYMENT\nPursuant to Government Code Section 54957(b)1.\nTitle: City Attorney\nc. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to Government Code Section 54957.6.\nCity Negotiator: Tom Kisela, Interim City Manager\nEmployee Organizations: Orange City Firefighters, City of Orange Police Association,\nCity of Orange Police Management Association\nd. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\nSignificant exposure to and initiation of litigation pursuant to Government Code Section\n54956.9(d)(2) & (d)(4): (One potential case)\ne. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\nPursuant to Government Code Section 54956.9(a) & (d)(1)\nName of Case: Patricia Kuklovsky, et al. v. City of Orange, et al.\nOrange County Superior Court Case No. 30-2021-01196985\n4. CLOSED SESSION REPORT\n5. ADJOURNMENT

1.4 PRESENTATIONS/ANNOUNCEMENTS\nOrange High School Student Liaison Diego Paz, ASB Ambassador\nEl Modena High School Student Liaison Ruby Hewitt, ASB School Board\nRepresentative\nCommunity Partner Recognition\nOrange County Sustainability Decathlon, Dr. Fred Smoller\n2. PUBLIC COMMENTS\nAt this time, members of the public may address the Council on matters not listed on\nthe agenda within the subject matter jurisdiction of the City Council, provided that NO\naction may be taken on off-agenda items unless authorized by law. Public Comments\nare limited to three (3) minutes per speaker.\n3. CONSENT CALENDAR\nAll items on the Consent Calendar are considered routine and are enacted by one\nmotion approving the recommended action listed on the Agenda. Any member of the\nCity Council, staff or the public may request an item be removed from the Consent\nCalendar for discussion or separate action. Unless otherwise specified in the request to\nremove an item from the Consent Calendar, all items removed shall be considered\nimmediately following action on the remaining items on the Consent Calendar.

10.1. Public hearing to consider Introduction and First Reading of Ordinance No. 01-23\namending the Orange Municipal Code to update references to membership of\ncommittees and commissions and other administrative revisions, and finding of\nCEQA exemption.\nRecommended Action:\nIntroduce and conduct First Reading of Ordinance No. 01-23. An Ordinance of the City\nCouncil of the City of Orange amending various sections of the Orange Municipal Code\nto update membership references for the Planning Commission, Design Review\nCommittee and Traffic Commission.\nAttachments: Staff Report\nOrdinance No. 01-23 - REDLINED\nOrdinance No. 01-23 - CLEAN

10.2. Public Hearing to consider amending and revising the Master Schedule of Fees\nand Charges to adopt new Water and Sewer Rates. Resolution Nos. 11436 and\n11437.\nRecommended Action:\n1. Adopt Resolution No. 11436. A Resolution of the City Council of the City of Orange\namending and revising the Master Schedule of Fees and Charges for sewer rates.\n2. Adopt Resolution No. 11437. A Resolution of the City Council of the City of Orange\namending and revising the Master Schedule of Fees and Charges for water rates.\n3. Receive and file the Water and Sewer Rate Study conducted by Raftelis Financial\nConsultants, Inc.\nAttachments: Staff Report\nResolution No. 11436\nResolution No. 11437\nProposition 218 Notice\nDraft Water and Sewer Rate Study

10.3. Public Hearing to consider the approval of the draft HOME Investment\nPartnership-American Rescue Plan Allocation Plan prior to submittal to the\nDepartment of Housing and Urban Development.\nRecommended Action:\n1. Authorize staff to incorporate public comments received at the Public Hearing into\nthe HOME-ARP Allocation Plan.\n2. Approve the HOME-ARP Allocation Plan prior to submission to the Department of\nHousing and Urban Development (HUD).\n3. Authorize the City Manager or their designee to make any necessary changes to\nthe Allocation Plan and submit the Allocation Plan to HUD.\n4. Upon approval of the HOME-ARP Plan from the Department of Housing and Urban\nDevelopment (HUD), accept into the City’s revenue budget $1,572,426.70 in HOME\nInvestment Partnerships Program American Rescue funds into revenue account\nnumber 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.\n5. Upon approval of the HOME-ARP Plan from the Department of Housing and Urban\nDevelopment (HUD), authorize the appropriation of $1,572,426.70 from the HOME\nFund (317) unreserved fund balance to expenditure account\n317.9640.51670.30206 - HOME-ARP Other Professional Services.\n6. Authorize the City Manager or their designee to execute documents related to the\nHOME-ARP Allocation Plan on behalf of the City.\nAttachments: Staff Report\nDraft HOME-ARP Allocation Plan

3.10. Appropriation of $36,414 in designated grant and disbursement funding received\nfrom California State Library and Santiago Library System.\nRecommended Action:\n1. Accept into the City’s revenue budget $36,414 in grant and disbursement funds\nfrom California State Library and Santiago Library System into the following revenue\naccount numbers in the General Fund: $30,000 into account number\n100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into\naccount number 100.2001.48390.19988, Santiago Library System.\n2. Authorize the appropriation of $36,414 in grant and disbursement funds into the\nfollowing expenditure account numbers in the General Fund: $30,000 into account\nnumber 100.3001.53301.30223, Books - Palace Implementation Project Grant; and\n$6,414 into account number 100.2001.53301.19988, Books - Santiago Library\nSystem.\nAttachments: Staff Report\nPalace Implementation Project Grant Award Letter

3.11. Appropriation of $443,515.03 in State of California Office of Emergency Services\nfunding received.\nRecommended Action:\n1. Accept into the City’s revenue budget $443,515.03 in strike team reimbursement\nfunds from the California Office of Emergency Services (Cal-OES), into the revenue\naccount numbers for Cal-OES reimbursements as specified in Section 6 of the staff\nreport.\n2. Authorize the appropriation of $439,141.18 into the expenditure account numbers\nfor Overtime-Safety as specified in Section 6 of the staff report.\n3. Authorize the appropriation of $4,373.85 into the expenditure account numbers for\nStrike Team Expenditures as specified in Section 6 of the staff report.\nAttachments: Staff Report

3.12. Appropriation of $102,504.07 in designated grant funding received from the\nBoard of State and Community Corrections (BSCC) for the 2023 Officer Wellness\nand Mental Health Grant Program.\nRecommended Action:\n1. Accept into the City’s revenue budget $102,504.07 in grant funds from the Board of\nState and Community Corrections, into revenue account number\n100.4011.45290.30224, BSCC Officer Wellness 22-23.\n2. Authorize the appropriation of $102,504.07 into the following expenditure accounts:\n100.4011.51640.30224 Medical & Psychologic Services BSCC 22-23 $ 81,504.07\n100.4011.51830.30224 Overnight Training BSCC 22-23 11,000.00\n100.4011.55131.30224 Equipment BSCC 22-23 10,000.00\nAttachments: Staff Report

3.13. Appropriation of $47,000 from the General Fund unreserved fund balance to\ncover the cost of the 2022 General Municipal Election.\nRecommended Action:\nAuthorize the appropriation of $47,000 from the General Fund unreserved balance to\nexpenditure account number 100.0401.52551.00000 - General Fund - Election Expense.\nAttachments: Staff Report\nCounty of Orange Invoice

3.14. Approval of plans and specifications for Well 28 Equipping and Public Pocket\nPark Construction Project (W-698) and authorization to advertise for bids.\nRecommended Action:\nApprove the plans and specifications and authorize advertising for Bid No. 22-23.33.\nAttachments: Staff Report\nLocation Map

3.15. Approval of plans and specifications and finding of CEQA exemption for HVAC\nReplacement at Main Library and authorization to advertise for bids.\nRecommended Action:\nApprove the plans and specifications and authorize advertising for Bid No .22-23.34\n(SP-4049).\nAttachments: Staff Report\nLocation Map

3.16. Claims for Damages.\nRecommended Action:\nDeny the following claim and refer to City Attorney and Claims Adjuster:\n1. Mercury Insurance a/s/o Kimberly Krause\nAttachments: Staff Report

3.17. First Amendment to Contract with Towo Enterprise, Inc., for Annual Concrete\nReplacement at Various Locations, Phase I.\nRecommended Action:\nApprove the First Amendment to the Contract in the amount of $76,665.00 with Towo\nEnterprises, Inc. for additional work; and authorize the Mayor and City Clerk to execute\non behalf of the City.\nAttachments: Staff Report\nFirst Amendment\nCCO TOWO

3.18. Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and\nauthorization to file Notice of Completion.\nRecommended Action:\nAccept the Annual Pipeline Renewal Project as complete, and authorize staff to file\nNotice of Completion with the County Recorder.\nAttachments: Staff Report\nNotice of Completion and Acceptance

3.19. Authorize increase to blanket purchase order for Winchester Law Enforcement\nAmmunition from Dooley Enterprises, Inc. as a sole source vendor.\nRecommended Action:\n1. Approve the increase to blanket purchase order for ammunition from Dooley ’s\nEnterprise, Inc. in the amount of $55,000 for an overall purchase order total of\n$143,000.\n2. Authorize the appropriation of $55,000 from the General Fund unreserved fund\nbalance to expenditure account number 100.4011.53540.00000, General Fund -\nAmmunition.\nAttachments: Staff Report

3.2. Confirmation of warrant registers dated February 2, 10, 16, and 24, 2023.\nRecommended Action:\nApprove.\nAttachments: Staff Report

3.20. Authorize continued rental services for a mobile laundry facility with Mobile\nConcepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.\nRecommended Action:\nApprove an increase to a blanket purchase order for a total of $ 107,389 with Mobile\nConcepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.\nAttachments: Staff Report

3.21. Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review\nCommittee approval of Design Review No. 5077-22; a proposal to construct a\nnew duplex unit at the rear of an existing single-family dwelling on a property\nzoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption.\nRecommended Action:\nAdopt Resolution No. 11438. A Resolution of the City Council of the City of Orange\ndenying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a\nnew duplex unit located at 529 S. Grand Street.\nAttachments: Staff Report\nResolution No. 11438\nEND OF CONSENT CALENDAR\n********\n4. REPORTS FROM MAYOR SLATER

3.4. Software Agreement with MaintStar, a California Corporation, for the purchase\nand upgrade of the City’s work asset management system and land management\nsystem; and Agreement with LA Consulting for implementation services of work\nasset management system and land management system.\nRecommended Action:\n1. Approve the 5-year Software Agreement with MaintStar in the amount of\n$1,197,486 which includes the WAMS system amount of $539,112, the LMS\nsystem amount of $549,512, and a combined 10% contingency of $108,862, and\nauthorize the Mayor and City Clerk to execute on behalf of the City.\n2. Approve the agreement with L.A. Consulting, Inc. for implementation services in the\namount of $127,182 and authorize the Mayor and City Clerk to execute on behalf of\nthe City.\n3. Approve the purchase of 60 smart devices in the amount not to exceed $70,000.\nAttachments: Staff Report\nAgreement with MainStar\nAgreement with L.A. Consulting

3.5. Agreement with Verde Design for architectural and engineering design services\nfor Hart Park Diamond 1 Field Improvements.\nRecommended Action:\nApprove agreement with Verde Design in the amount of $161,763.60 for design of the\nHart Park Diamond 1 Field Improvements project (30133); and authorize the Mayor\nand City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nAttachment 1 - Project Area Aerial Map\nAttachment 2 - Verde Design Agreement

3.6. Agreement with Hinderliter De Llamas & Associates (HdL) for Business License\nand Tax Services Software as a single source vendor.\nRecommended Action:\nApprove the three-year agreement with Hinderliter De Llamas & Associates (HdL) in\nthe amount of $143,722 for Business License and Tax Services Software and\nauthorize the Mayor and City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nSoftware Services Agreement\nSingle Source Vendor certification

3.7. First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional\nfinancial reporting services and a one-year term extension.\nRecommended Action:\nApprove First Amendment to the agreement with Lance, Soll, & Lunghard, LLP to\ninitiate first extension year and the addition of services for the preparation and\nsubmission of the Annual Comprehensive Financial Report (ACFR) and the State\nController’s Report and authorize the Mayor and City Clerk to execute on behalf of the\nCity.\nAttachments: Staff Report\nFirst Amendment to Professional Services Agreement

3.8. Amendment to six Affordable Housing Agreements with Orange Housing\nDevelopment Corporation for 10% loan forgiveness on each loan in exchange for\nearly repayment to the City.\nRecommended Action:\nFor the six Affordable Housing Agreements with Orange Housing Development\nCorporation to include:\na. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951\nb. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076\nc. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195\nd. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue -\nAgreement 2538\ne. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121\nf. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507\n1. Authorize staff to update amounts in the First Amendment to reflect the most\ncurrent balances of each loan as of amendment approval date.\n2. Approve the amendment to the six Affordable Housing Agreements with Orange\nHousing Development Corporation and authorize the City Manager to execute final\nagreement on behalf of the City after final amounts are determined, no later than\nMarch 18, 2023, and discount amounts not to exceed $158,000.\n3. Accept into the City’s revenue budget approximately $1,388,965.91 from Orange\nHousing Development Corporation into the following revenue account numbers:\na. 921.0000.44100.00000-Principal Repayments $888,099.74\nb. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75\nc. 317.0000.44100.00000-Principal Repayments $ 89,532.13\nd. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30\nAttachments: Staff Report\nAmendment to OHDC Affordable Housing Loans Early Payoff

3.9. Grant a utility easement to Southern California Edison on City of Orange property\nto facilitate the installation of support wire for a replacement electrical pole.\nRecommended Action:\nAuthorize the granting of a utility easement on City property in favor of Southern\nCalifornia Edison and authorize the Mayor to execute the easement deed from the City\nto Southern California Edison.\nAttachments: Staff Report\nEasement Deed\nPlat Map\nLocation Map

4.1. Homeless Outreach City Council Subcommittee update.\n5. REPORTS FROM COUNCILMEMBERS\nAn opportunity for Councilmembers to make a brief announcement, report, or request .\nNo action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

5.1. Highlight Local Business (Gutierrez & Barrios)

5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 “Leaf Blowers”\n(Gyllenhammer)\n6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment(s) to various City Boards, Commissions, and Committees.\nRecommended Action:\nConfirm Mayor Slater’s recommendation to appoint Chrissy Vaughn and Brendon\nMoeller to the CDBG Program Committee for two-year terms respectively ending June\n30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for\nfour-year terms respectively ending June 30, 2027; Chris Horton to the Investment and\nAudit Committee for a two-year term ending on June 30, 2025; Erika de Vries and\nJames Kushon to the Park Planning and Community Events Commission to fill\nunexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill\nan unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the\nPlanning Commission for four-year terms respectively ending on June 30, 2027; Tim\nMcCormack to the Planning Commission to fill a scheduled vacancy effective July 1,\n2023, for a four-year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and\nDerek Tran to the Traffic Commission for four-year terms respectively ending June 30,\n2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy\neffective July 1, 2023, for a four-year term ending June 30, 2027.\nAttachments: Staff Report\n7. ADMINISTRATIVE REPORTS

7.1. Request for permit parking on both sides of Sycamore Avenue between Rancho\nSantiago Boulevard and Richard Street. Resolution No. 11439.\nRecommended Action:\n1. Approve permit parking on both sides of Sycamore Avenue between Rancho\nSantiago Boulevard and Richard Street.\n2. Adopt Resolution No. 11439. A Resolution of the City Council of the City of Orange\nrescinding Resolution No. 11422 and adopting a revised master resolution of permit\nparking areas within the City of Orange.\nAttachments: Staff Report\nNPPP Policy, August 2022\nResolution No. 11439\nArea Map for Permit Area Z\nFebruary 8, 2023, CTC Staff Report\nFebruary 8, 2023,CTC Minutes

7.2. Agreement for Employment with City Manager Thomas C. Kisela and adoption of\namended citywide pay schedule. Resolution No. 11440.\nRecommended Action:\n1. Approve Agreement for Employment with City Manager Thomas C. Kisela, and\nauthorize the Mayor and City Clerk to execute on behalf of the City.\n2. Adopt Resolution No. 11440. A Resolution of the City Council of the City of Orange\nrescinding Resolution No. 11435 and amending the citywide pay schedule in\naccordance with the requirements of California Code of Regulations, Title 2, Section\n570.5.\nAttachments: Staff Report\nEmployment Agreement\nResolution No. 11440\n8. REPORTS FROM CITY MANAGER

8.1. Update on Paseo Study\n9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 02-23 authorizing City\nCouncilmember health and retirement benefits.\nRecommended Action:\nIntroduce and conduct First Reading of Ordinance No. 02-23. An Ordinance of the City\nCouncil of the City of Orange amending Title 2 of the Orange Municipal Code by\nadding Chapter 2.09 relating to City Council health and retirement benefits.\nAttachments: Staff Report\nOrdinance No. 02-23\n10. PUBLIC HEARINGS