Thomas R. Hatch
Interim City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor
KIMBERLEE NICHOLS
Mayor pro tem
CHIP MONACO
Councilmember
ARIANNA BARRIOS
Councilmember, District 1
JON DUMITRU
Councilmember, District 2
KATHY TAVOULARIS
Councilmember, District 3
ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
January 11, 2022
5:00 PM Employee Recognition
5:15 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.
COVID-19 NOTICE
In compliance with California Department of Public Health requirements, masks are required in any indoor space for everyone, regardless of vaccination status.
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 it 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 and address, and identifying 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
City Council Agenda January 11, 2022
authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. 2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 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 and the caller's position will be summarized in the minutes.
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 January 11, 2022
5:00 PM EMPLOYEE RECOGNITION
1. WELCOME
2. EMPLOYEE SERVICE AWARDS
3. RECESS
5:15 PM CLOSED SESSION
1. ROLL CALL
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.
3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Abarca, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30-2020-01164035
b. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).
Title: City Manager
4. CLOSED SESSION REPORT
5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.
City Council Agenda January 11, 2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Brenton Fessler, Refuge OC
1.2 PLEDGE OF ALLEGIANCE
Councilmember Arianna Barrios
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Introduction of Miss City of Orange 2022 contestants
2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.
3.1. Waive reading in full of all ordinances on the Agenda.
Approve.
Recommended Action:
Staff ReportAttachments:
3.2. Confirmation of warrant registers dated December 3, 9, 17, and 22, 2021.
Approve.
Recommended Action:
Staff ReportAttachments:
City Council Agenda January 11, 2022
3.3. Approval of meeting minutes of the City Council of the City of Orange for the December 12, 2021, Adjourned Regular Meeting and December 14, 2021, Regular Meeting.
Approve minutes as presented.
Recommended Action:
Staff Report
December 12, 2021, Adjourned Regular Meeting minutes
December 14, 2021, Regular Meeting minutes
Attachments:
3.4. Agreement with California Waters Development, Inc. for ongoing maintenance of four City fountains.
Approve agreement with California Waters Development, Inc. in the amount of $76,510.80 for ongoing maintenance of four City fountains; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Maintenance Services Agreement with California Waters
Development, Inc.
Attachments:
3.5. Support agreement with SidePath, Inc. for the Civic Center and Police Department storage area networks (SAN).
Approve the agreement with SidePath, Inc. in the amount of $ 51,530.44 for the period of February 1, 2022 through January 31, 2023.
Recommended Action:
Staff Report
Sidepath Quotations
Attachments:
3.6. First Amendment to Attorney Services Agreement with The Sohagi Law Group to provide legal services related to a California Environmental Quality Act (CEQA) challenge to the approval of the Ronald McDonald House expansion.
1. Approve a First Amendment to Attorney Services Agreement with The Sohagi Law Group in the amount of $50,000 and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.
Recommended Action:
Staff Report
First Amendment to Attorney Services Agreement
Attachments:
City Council Agenda January 11, 2022
3.7. Appropriation of $ 129,124.32 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $129,124.32 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $128,170.72 into the expenditure account number for Overtime-Safety as specified in Section 6 of the staff report.
3. Authorize the appropriation of $953.60 into the expenditure account number for Strike Team Expenditures as specified in Section 6 of the staff report.
Recommended Action:
Staff ReportAttachments:
3.8. Appropriation of $38,799.29 in Senior Mobility Program funds.
Authorize the appropriation of $ 38,799.29 from the Traffic Improvement -Measure M 2 unreserved fund balance to the following expenditure accounts for Traffic Improvement-Measure M2:
$91.70 263.7041.51780.20385 - Sr. Transportation 18-19 $17,253.20 263.7041.51780.20412 - Sr. Transportation 19-20 $21,454.39 263.7041.51780.30151 - Sr. Transportation 20-21 Recommended Action:
Staff ReportAttachments:
3.9. Approval of plans and specifications for Fire Station No. 5 Bathroom Remodel, and authorization to advertise for bids.
Approve plans and specifications and authorize advertising for bids for Fire Station No . 5 Bathroom Remodel Project; Bid No. 21-22.24.
Recommended Action:
Staff Report
Location Map
Attachments:
3.10. Approval of plans and specifications for Annual Sewer Maintenance, Fiscal Year 2021-2022; and authorization to advertise for bids.
Approve plans and specifications and authorize advertising for bids for the Annual Sewer Maintenance, Fiscal Year 2021-2022; S-245; Bid No. 21-22.18.
Recommended Action:
Staff Report
Location Map
Attachments:
City Council Agenda January 11, 2022
3.11. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. V.L. (minor)
2. David Nelson
3. Rita Consuelo Revilla
4. Evan Dominic Belli
5. Eric Daniel Pompei
6. Patricio Esqueda
7. Michael J. Padilla
8. Alyssa O’Hara
Recommended Action:
Staff ReportAttachments:
3.12. Award of Contract to CT&T Concrete Paving, Inc. for Annual Concrete Replacement at Various Locations, Fiscal Year 2021-2022; Bid No. 21-22.19.
1. Authorize the appropriation of $100,000 from Unreserved Fund 263 Measure M 2 to 263.5011.56330.13120 Pavement Management Program.
2. Approve contract with CT&T Concrete Paving, Inc. in the total amount of $852,808, representing an original amount of $775,280 plus a 10% contingency of $77,528, for Annual Concrete Replacement Project, Fiscal Year 2021-2022; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract with CT&T Concrete Paving, Inc.
Location Maps
Attachments:
3.13. Final Acceptance of Bid No. 21-22.03, Chapman Avenue Alley Improvement; and authorization to file Notice of Completion.
Accept Chapman Avenue Alley Improvement (SP-4164) as substantially complete, and authorize staff to file Notice of Completion with the County Recorder.
Recommended Action:
Staff Report
Notice of Completion and Acceptance
Attachments:
3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update noticing and posting requirements. Ordinance No. 17-21.
Adopt Ordinance No. 17-21.
Recommended Action:
City Council Agenda January 11, 2022
Staff Report
Ordinance No. 17-21
Attachments:
3.15. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update and establish new development standards for fences and walls. Ordinance No . 19-21.
Adopt Ordinance No. 19-21.
Recommended Action:
Staff Report
Ordinance No. 19-21
Attachments:
3.16. Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2021.
Receive and file the following documents for the fiscal year ended June 30, 2021:
1. Annual Comprehensive Financial Report
2. Audit Communication Letter
3. Independent Accountants’ Report on Agreed -Upon Procedures Applied to the Appropriations Limit Worksheets
4. Independent Accountants’ Report on Agreed -Upon Procedures Applied to the Investment Portfolio
5. Air Pollution Reduction Fund Financial Statements and Independent Auditors ’ Report
6. Independent Auditors’ Report on Internal Control Over Financial Reporting
7. Housing Successor Fund Financial Statements
8. Single Audit of Federally Assisted Grant Programs
Recommended Action:
Staff Report
Annual Comprehensive Financial Report
Audit Communication Letter
Appropriations Limit Worksheets
Investment Portfolio Report
Air Pollution Reduction Fund
Internal Control Over Financial Reporting
Housing Successor Fund Financial Statements
Single Audit of Federally Assisted Grant Programs
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR MURPHY
City Council Agenda January 11, 2022
4.1. Consideration of appointment of City Councilmembers to City Regional Boards and Committees.
Confirm Mayor Murphy ’s recommendations of appointments of City Councilmembers to City regional boards and committees.
Recommended Action:
Staff Report
Proposed Council appointments to City Regional Boards and Committees
Attachments:
5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .
No action(s) will be taken pursuant to Government Code Section 54954.2(3).
5.1. Highlight Local Business (Gutierrez & Barrios)
5.2 Code Enforcement Discussion (Barrios)
5.3 Orange Police Department Crime Report (Barrios)
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
8. REPORTS FROM CITY MANAGER
9. LEGAL AFFAIRS
10. PUBLIC HEARINGS
10.1. Public Hearing to consider a request for Permit Parking on portions of Madison Avenue, Orange Grove Avenue, and Wayfield Street. Resolution No. 11370.
1. Approve permit parking on the following street segments:
· Both sides of Madison Avenue from Wayfield Street to the cul-de-sac · Both sides of Orange Grove Avenue from Wayfield Street to the westerly property lines of 1743/1744 East Orange Grove Avenue
· West side of Wayfield Street from Orange Grove Avenue to Madison Avenue · East side of Wayfield Street from Orange Grove Avenue to the property line at 565/555 North Wayfield Street
2. Adopt Resolution No. 11370. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11343, and adopting a revised master resolution of permit parking areas within the City of Orange.
Recommended Action:
City Council Agenda January 11, 2022
Staff Report
Area Map Permit Parking Area "W"
October Traffic Commission Report
October Traffic Commisson Minutes
December Traffic Commission Report
December City Traffic Commission Minutes (Draft)
Resolution No. 11370
Attachments:
10.2. Public Hearing to consider extension of Urgency Ordinance No. 18-21 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9.
Receive and file report and adopt the extension of Ordinance No. 18-21 and the findings of urgency. Ordinance No. 18-21-A. Extension of an urgency ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single -family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single -family residential zones allowed as a result of SB 9, and revising definitions to clarify said development standards.
Recommended Action:
Staff Report
Ordinance No. 18-21-A
Attachments:
11. ADJOURNMENT
The City Council will adjourn to a meeting on Saturday, January 15, 2022, at 11:00 a.m. in the Council Chamber for Closed Session.
The next Regular City Council meeting will be held on Tuesday, February 8, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
I, Jennifer Connally, CMC, Deputy 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, 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: January 6, 2022