Tom Kisela
City Manager
Mary Binning
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
City Council
May 09, 2023
5:00 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 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 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 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. (Continued on page 2)
City Council Agenda May 9, 2023
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 written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council and posted on the City’s website.
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 May 9, 2023
5:00 PM CLOSED SESSION
1. CALL TO ORDER
1.1 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 REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010, 039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association
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 May 9, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Rabbi Eliezer Gurary, Orange Police Department Chaplain
1.2 PLEDGE OF ALLEGIANCE
Mayor Dan Slater
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Chamber of Commerce May Parade Awards
Memorial Adjournment in honor of Hannah MacDonald
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.
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 April 7, 13, 21 and 27, 2023.
Approve.
Recommended Action:
Staff ReportAttachments:
City Council Agenda May 9, 2023
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on April 11, 2023 and Adjourned Regular Meeting held on April 18, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
April 11, 2023, Regular Meeting minutes
April 18, 2023, Adjourned Regular Meeting minutes
Attachments:
3.4. First Amendment to Professional Services Agreement with Cornerstone Communications & Public Relations, Inc. for communications and public relations services.
Approve the first amendment to agreement with Cornerstone Communications & Public Relations, Inc. in the amount of $ 175,100 for communications and public relations services; and authorize the Mayor and the City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Professional Services Agreement with Cornerstone Communications & Public Relations, Inc.
Attachments:
3.5. Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services related to active police disciplinary and investigative matters.
Approve the Agreement with Liebert Cassidy Whitmore in the amount of $ 160,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Attorney Services Agreement
Attachments:
3.6. Claims for Damages.
Deny the following claims and refer to City Attorney and Claims Adjuster:
1. Arnold Sanchez
2. Eugenia Hurtado
3. Mercury Insurance a/s/o Renee Vigo
4. Terrence Velasquez
5. James Rudloff
6. David G. Telles
7. H.L.E. (minor)
Recommended Action:
Staff ReportAttachments:
City Council Agenda May 9, 2023
3.7. Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.
Approve an increase of $ 56,569 to a blanket purchase order with Mobile Concepts, Inc . dba U.S. Mobile Kitchens for core service facility rentals, for a total of $163,958.
Recommended Action:
Staff ReportAttachments:
3.8. Request to temporarily close the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure. Additionally suspend permit parking in all of permit parking Area “A” for a Retirement celebration.
1. Approve the temporary closure of the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure, contingent upon a special event permit being approved by City staff.
2. Approve suspension of permit parking in Area “A” between the hours of 2:00 PM and 7:00 PM on May 21, 2023.
Recommended Action:
Staff Report
Letter of Request
Letter of Concurrence from A.O.
Area Map
Attachments:
3.9. Resolution No. 11453 denying Appeal No. 0562-23 and upholding Planning Commission approval of the Street Lights Mixed -Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
Adopt Resolution No. 11453. A Resolution of the City Council of the City of Orange denying Appeal No. 0562-23, and upholding the decision of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment No . 0051-21, and Mitigated Negative Declaration No. 1875 to demolish an existing retail building in order to construct a new 255-unit mixed -use apartment development, open parking structure for the adjacent apartment complex use, related site improvements, and a reduction of 48 parking spaces and 670 square feet of open space, located at 840 The City Drive South.
Recommended Action:
Staff Report
Resolution No. 11453
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
City Council Agenda May 9, 2023
4. REPORTS FROM MAYOR SLATER
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(a)(3).
5.1. Highlight Local Business (Gutierrez & Barrios)
6. ADMINISTRATIVE REPORTS
6.1. Monthly Treasurer’s Reports for January, February, and March 2023 Receive and file.
Recommended Action:
Staff Report
Investment Report for January 2023
Investment Report for February 2023
Investment Report for March 2023
Attachments:
6.2. Purchase and Sale Agreement for the property located at 2829 N. Glassell Street.
1. Approve an Agreement for the Purchase and Sale of Real Property in the amount of $1,375,000 for 2829 N. Glassell Street with a finding that the location, purpose and extent of the acquisition is in conformity with the City ’s adopted General Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City.
2. Authorize the City Manager to execute any additional documents necessary to complete the purchase of the property.
Recommended Action:
Staff Report
Form of Agreement for the Purchase and Sale of Real Property Attachments:
6.3. Short Term Rental program update and option to increase the maximum number of short term rental permits from 125 to 200.
Consider adoption of Resolution No. 11454. A Resolution of the City Council of the City of Orange Revising the Maximum Number of Short Term Rental Permits allowed.
Recommended Action:
Staff Report
Resolution No. 11454
Attachments:
7. REPORTS FROM CITY MANAGER
City Council Agenda May 9, 2023
8. LEGAL AFFAIRS
8.1. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23. (Continued from April 11, 2023) Adopt Ordinance No. 04-23.
Recommended Action:
Staff Report
Revised Ordinance No. 04-23 - REDLINED
Revised Ordinance No. 04-23 - CLEAN
Attachments:
9. PUBLIC HEARINGS
9.1. Public Hearing to consider the FY 2023-2024 Annual Action Plan for use of Community Development Block Grant and HOME Investment Partnerships Funding.
1. Approve the draft Fiscal Year 2023-2024 Annual Action Plan and authorize the City Manager or his designee to execute the Fiscal Year 2023-2024 Memorandum of Understanding with City departments, subrecipient agreements with non -profit agencies, and all related U .S. Department of Housing and Urban Development documents.
2. Authorize staff to incorporate comments received at the Public Hearing or make changes if needed into the Annual Action Plan before submitting to the Department of Housing and Urban Development.
Recommended Action:
Staff Report
Fiscal Year 2023-2024 Draft Annual Action Plan
Fiscal Year 2023-2024 CDBG Funding Recommendation Summary Attachments:
10. STUDY SESSION
10.1. Second Study Session for the Proposed Fiscal Year 2023-24 Budget.
Receive and file the report and provide direction to staff.
Recommended Action:
Staff Report
Proposed Funding Increases Summary
Attachments:
City Council Agenda May 9, 2023
11. ADJOURNMENT
The City Council will Adjourn in Memory of Hannah MacDonald.
The next Regular City Council meeting will be held on Tuesday, May 23, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
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: May 4, 2023