Orange — 2024-06-25

3. RECESS TO CLOSED SESSION\na. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to Government Code Section 54957.6.\nCity Negotiator: Tom Kisela, City Manager\nEmployee Organization: Top Management\nb. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\nPursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases\n1) Name of Case: Californians for Homeownership v. City of Orange\nOrange County Superior Court Case No. 30-2024-01382115\n2) Name of Case: The Orange JCP Project Owner, LLC v. City of Orange\nOrange County Superior Court Case No. 30-2024-01403309\nc. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\nInitiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code\nSection 54956.9. (One potential case)

3.1. Waive reading in full of all ordinances on the Agenda.\nRecommended Action:\nApprove.

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.\nRecommended Action:\nAdopt Ordinance No. 12-24.\nAttachments: Staff Report Ordinance No. 12-24\nCity Council Agenda - Final-revised June 25, 2024

3.11. Authorize purchase of materials and supplies for water maintenance operations from various vendors.\nRecommended Action:\nApprove purchase orders for miscellaneous materials and supplies as described in Section 6 of the staff report for a total amount of $1,295,000.\nAttachments: Staff Report

3.12. Authorize purchase of computer monitors from CPAC, Inc.\nRecommended Action:\n1. Approve the purchase of computer monitors from CPAC, Inc. for $209,943.43.\n2. Authorize the appropriation of $210,000 from the City Infrastructure Bond (553)\nunreserved fund balance to:\n553.1601.56033.20455 CIP Comp Equip-Multi-Factor Authenticate\nAttachments: Staff Report CPAC, Inc. quote\nBest Buy quote HP Request

3.13. Authorize purchase of medical supplies from Life-Assist, Inc. under the National Purchasing Partners cooperative contract No. PS20180with League of Oregon Cities for Fiscal Year 2024-2025.\nRecommended Action:\nApprove the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $318,500 for Fiscal Year 2024-2025.\nAttachments: Staff Report\nIntergovernmental Cooperative Purchasing Agreement

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.\nRecommended Action:\nApprove 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.\nAttachments: Staff Report\nGeneral Service Administration Contract number GS-07F-9246S\nCity 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.\nRecommended Action:\nApprove 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.\nAttachments: Staff Report\n2024 Sourcewell Cooperative Purchasing Agreement number 020124-LNC\n2024 Sourcewell Cooperative Purchasing Agreement No. 010424-LNC

3.16. Authorize purchase of turnout safety gear and associated fire safety equipment\nfrom Allstar Fire Equipment under the Sourcewell cooperative purchasing agreement number 010424-LIO for Fiscal Year 2024-2025.\nRecommended Action:\nApprove 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.\nAttachments: Staff Report\n2024 Sourcewell Cooperative Agreement Contract 010424-LIO

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.\nRecommended Action:\nAdopt 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.\nAttachments: Staff Report Resolution No. 11556\nOrange County EMS Policy/Procedures #714.00

3.18. City of Orange Conflict of Interest Code amendment. Resolution No 11558. Recommended Action:\nAdopt 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.\nCity Council Agenda - Final-revised June 25, 2024\nAttachments: Staff Report\nResolution No. 11558 with Exhibit A\nLegislative version of Exhibit A\nNotice of Intention to Amend the City's Conflict of Interest Code

3.19. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2024-25. Resolution No. 11563.\nRecommended Action:\nAdopt Resolution No. 11563. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11469and approving and adopting a Statement of Investment Policy for Fiscal Year 2024-25.\nAttachments:\nStaff Report\nResolution 11563\nFY 24-25 Statement of Investment Policy\nFY 23-24 Statement of Investment Policy (Redline)\nEND OF CONSENT CALENDAR ******* *

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.\nRecommended Action:\nApprove minutes as presented.\nAttachments: Staff Report\nMay 28, 2024, Regular Meeting minutes\nJune 5, 2024, Special Meeting minutes\nCity 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.\nRecommended Action:\nApprove four-year agreement with Bio Aquatics Lake Management LLC in an amount not to exceed $164,285for lake, pond, and stream maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nAgreement with Bio Aquatics Lake Management LLC

3.4. Agreement with Intratek Computer, Inc. for helpdesk and desktop technical support.\nRecommended Action:\nApprove a one-year agreement with Intratek Computer, Inc. in the amount of $344,413.56for helpdesk and desktop technical support services; and authorize the Mayor and City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nAgreement with Intratek, Inc

3.5. First Amendment to Agreement with KOA Corporation for On-Call Traffic Engineering Services and Plan Review.\nRecommended Action:\nApprove 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.\nAttachments: Staff Report\nFirst Amendment to Agreement with KOA Corporation

3.6. Appropriation of $18,097in State of California Office of Emergency Services funding received.\nRecommended Action:\n1. 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:\n100.4031.48218.40321 CalOES - Medical Examinations\n2. Authorize the appropriation of $18,097 into General Fund (100): 100.4031.51640.00000 Contractual Services - Medical

3.7. Appropriation of $85,855.93in designated Public Safety Realignment/Assembly Bill 109 funding received from the County of Orange.\nRecommended Action:\n1. Accept into the City’s General Fund (100) revenue budget an $85,855.93 deposit Page 4 of 13\nCity Council\nAgenda - Final-revised\nfrom the County of Orange to:\n100.4031.45495.20159 Other Grant Revenue-Post Release Supervision\nAuthorize the appropriation of $85,855.93 into General Fund (100): 100.4031.50221.20159 Overtime - Post Release Community Supervision\nJune 25, 2024\n2.\nAttachments: Staff Report\nCommunity

3.8. Appropriation of $109,530.60in donations and revenue from the Community Partnership Program, Recreation class programs, Military Banners, and Community Garden plot fees.\nRecommended Action:\n1. Accept into the City’s General Fund (100) revenue budget $109,530.60 in Recreation class revenue, garden plot fees, Military Banner donations, and special event donations through the Community Partnership Program to:\n100.7001.46540.00000 100.7001.44210.20227 100.7001.48390.20054 100.7015.48390.20543\nRecreation Classes\nGarden Plot Fees\nMilitary Banner Program Donations - 2024 Special Event\n$ 72,705.30 $ 3,825.00 $ 3,000.30 $ 30,000.00\n$50,893.71 $ 3,519.00 $ 3,000.30\n2. Authorize the appropriation of $57,413.01 to General Fund (100):\n100.7011.51670.00000 100.7001.51700.20227 100.7001.51780.20054\nOther Prof. & Consulting Services Garden Plots\nMilitary Banner Program\nAttachments: Staff Report

3.9. Award of Contract to CEM Construction Corporation for Annual Sewer\nReplacement/Maintenance Fiscal Year 2023-2024; Bid No. 23-24.35 (S-250). Recommended Action:\nApprove 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.\nAttachments: Staff Report\nContract with CEM Construction Corporation\nBid Abstract

1.4 PRESENTATIONS/ANNOUNCEMENTS\nCounty of Orange Gun Buyback Event Certificate of Appreciation presentation to Orange Police Department

7.1. Appointment to the Planning Commission, Design Review Committee, and Traffic Commission.\nRecommended Action:\nConfirm 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.\nCity Council Agenda - Final-revised Attachments: Staff Report

8.1. Presentation of Experience Orange shop local rewards program.\nRecommended Action:\nReceive and file.\nAttachments: Staff Report 9. PUBLIC HEARINGS\nJune 25, 2024\n9.1. 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.\nRecommended Action:\n1. Conduct and close Public Hearing.\n2. Introduce and conduct First Reading of Ordinance No. 16-24. An Ordinance of the\nCity 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.\n3. 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.\nAttachments: Staff Report Ordinance No. 16-24\nFirst Amendment to Development Agreement\n9.2. 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.\nRecommended Action:\n1. Conduct and close Public Hearing.\n2. Introduce and conduct First Reading of Ordinance No. 20-24. An Ordinance of the\nCity 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.\n3. 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).\nCity Council Attachments:\nAgenda - Final-revised\nJune 25, 2024\nStaff Report\nAttachment 1 Ordinance No. 20-24\nAttachment 2 Ordinance No. 20-24 - Redlined\nAttachment 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\nAttachment 6 City Council Ordinance No. 03-21 - Existing ADU Ordinance\nAttachment 7 Map of High Frequency Transit Stops with 1/2 Mile Buffer\nAttachment 8 Government Code Sections 66310-66339\n9.3. Public Hearing to consider introduction and First Reading of Ordinance No. 18-24 Amending Title 17of 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.\nRecommended Action:\n1. Conduct and close Public Hearing.\n2. Introduce and conduct First Reading of Ordinance No. 18.24. An Ordinance of the\nCity 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.\nAttachments: Staff Report Ordinance No. 18-24\nOrdinance No. 18-24 - REDLINE\n9.4. Public Hearing to consider introduction and First Reading of Ordinance No. 19-24 amending Chapter 17.44of 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.\nRecommended Action:\n1. Conduct and close Public Hearing.\n2. Introduce and conduct First Reading of Ordinance No. 19-24. An ordinance of the\nCity 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.\n3. 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\nCity Council Agenda - Final-revised June 25, 2024\npursuant to, but not limited to, State CEQA Guidelines Section 15308.\nAttachments:\nStaff Report\nAttachment 1 Ordinance No. 19-24\nAttachment 2 Sending and Receiving Area Maps\nAttachment 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\n10. ADMINISTRATIVE REPORTS\n10.1. Fiscal Year 2024-25City of Orange Budget and Five-Year Capital Improvement Program.\nRecommended Action:\nThe following action items are recommended to adopt the Fiscal Year 2024-25 Budget, effective July 1, 2024:\n1. Adopt Resolution No. 11565. A Resolution of the City Council of the City of Orange\nadopting 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.\n2. Adopt Resolution No. 11564. A Resolution of the City Council of the City of Orange adopting the appropriations limit for Fiscal Year 2024-25.\n3. 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 M2 Seven-Year Capital Improvement Program for Fiscal Year 2024-25 through 2030-31 to comply with Measure M2 eligibility criteria.\n4. 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.\n5. 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.\nCity Council Attachments:\nAgenda - Final-revised\nStaff Report\nAttachment A - 1 Adoption of Budget FY24-25\nAttachment 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\nAttachment C - Resolution No. 11566\nAttachment D - Resolution No. 11560\nAttachment E - Resolution No. 11562\nAttachment F - FY25 Revenue Enhancements\nAttachment G - FY25 Budget Reductions\nJune 25, 2024\n10.2. 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.\nRecommended Action:\n1. 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.\n2. 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.\n3. 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.\n4. 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.\nAttachments: Staff Report Resolution No. 11559\nResolution No. 11561\n10.3. Agreement with Lyons Security Service Inc., for City parks and facilities and Old Towne West Metrolink Parking structure security services.\nRecommended Action:\nApprove four-year agreement with Lyons Security Service, Inc. in an amount not to exceed $1,027,732.51for security services for city parks and facilities and Old Towne\nCity Council Agenda - Final-revised June 25, 2024\nWest Metrolink Parking structure; and authorize the Mayor and City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nProposal Abstract Summary\nAgreement with Lyons Security Service, Inc.\n10.4. Agreement with Nieves Landscape, Inc. for City parks and Santiago Creek Bike Trail landscape maintenance services.\nRecommended Action:\nApprove four-year agreement with Nieves Landscape, Inc. in an amount not to exceed $4,291,692.17for landscape maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.\nAttachments: Staff Report\nProposal Abstract Summary Landscape\nAgreement with Nieves Landscape Inc.\n10.5. Award of Contract to Merchants Building Maintenance, Inc. for custodial services of City parks and facilities.\nRecommended Action:\nApprove 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.\nAttachments: Staff Report\nProposal Abstract Summary\nContract with Merchants Building Maintenance, Inc.

5.1. Highlight Local Business (Gutierrez)