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
City Council
August 22, 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, address, and identif 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 August 22, 2023
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 August 22, 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 LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organization: Orange Maintenance and Crafts Employees’ Association b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (One potential case)
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 August 22, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Rev. Dr. Robb Ring, Immanuel Lutheran Church
1.2 PLEDGE OF ALLEGIANCE
Mayor pro tem Arianna Barrios
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Christine Grace Reyes
Recognition of 2022-2023 high school student liaisons Ruby Hewitt, El Modena High School, and Diego Paz, Orange High School
Proclamation honoring the Orange Elks Lodge No. 1475 in celebration of its 100th Anniversary
Santiago Canyon College Update
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:
City Council Agenda August 22, 2023
3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on August 8, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
August 8, 2023, Regular Meeting minutes
Attachments:
3.3. Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2023-2024.
Resolution 11490.
1. Approve agreement with the State of California, Department of Alcoholic Beverage Control in the amount of $90,000 for the Alcohol Policing Partnership Grant; and authorize the Chief of Police or City Manager to execute on behalf of the City.
2. Adopt Resolution No. 11490. A Resolution of the City Council of the City of Orange accepting funds in the amount of $90,000 from the State of California Department of Alcoholic Beverage Control for the Alcoholic Policing Partnership Grant, and authorizing the Chief of Police or City Manager to execute the grant program agreement and related documents.
3. Accept into the City ’s revenue budget $90,000 in grant funds from the State of California, Department of Alcoholic Beverage Control into revenue account number 100.4033.45495.30230 Alcoholic Beverage Control Grant FY24.
4. Authorize the appropriation of $90,000 into the following expenditure accounts:
$84,468 100.4033.50221.30230 Overtime Safety - ABC Grant FY24 $2,500 100.4033.51830.30230 Overnight Training - ABC Grant FY24 $532 100.4033.53060.30230 Misc. Materials & Supplies - ABC Grant FY24 $2,500 100.4033.55131.30230 Equipment Additions - ABC Grant FY24 Recommended Action:
Staff Report
Resolution No. 11490
ABC Agreement No. 23-APP33
Attachments:
3.4. Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, general grant, and housing management consulting services.
1. Authorize the appropriation of $15,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account number 100.6001.51670.00000 - Other Professional and Consulting Services.
2. Approve the agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, housing management, and general federal grant support in the amount of $140,000; and Recommended Action:
City Council Agenda August 22, 2023
authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Agreement with Michael Baker International
Attachments:
3.5. Agreement with Orange County Transportation Authority for Countywide Signal Synchronization Baseline Project.
Approve the agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project; and authorize the City Manager and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Cooperative Agreement No. C-3-2428
Attachments:
3.6. Agreement with Paul Kott Realtors, Inc. for real estate broker services.
Approve the agreement with Paul Kott Realtors, Inc. for real estate broker services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Professional Services Agreement with Paul Kott Realtors, Inc.
Attachments:
3.7. First Amendment to Attorney Services Agreement with Richards, Watson & Gershon to provide legal services.
Approve a First Amendment to Attorney Services Agreement with Richards, Watson & Gershon in an amount not to exceed $ 20,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Attorney Services Agreement
Attachments:
3.8. Second Amendment to the Agreement with California Waters Development, Inc . for maintenance of City fountains.
Approve the Second Amendment with California Waters Development, Inc. in the amount of $ 67,336.50 for maintenance of City fountains; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Second Amendment to Maintenance Services Agreement with California Waters Development, Inc.
Attachments:
City Council Agenda August 22, 2023
3.9. Sewer Service Installation and Payment Agreement with Tustin Development LLC to provide sewer service to a new tract development known as Cowan Ranch Estates in the unincorporated area of Orange County.
Approve the agreement between the City of Orange and Tustin Development LLC for connection to the Orange Sewer System, and one -time lump sum payment for sewer connection fees; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Location Map
Sewer Service Installation and Payment Agreement
Attachments:
3.10. Appropriation of $10,000 in revenue from Community Partnership donations.
1. Accept into the City ’s Fiscal Year 2023-2024 budget $10,000 in community partnership donations into revenue account 100.7015.48390.20530, Donations - Special Events 2024 Season.
2. Authorize the appropriation of $10,000 in the following Fiscal Year 2023-2024 expenditure account number 100.7015.51355.20530, General Fund - Special Events 2024 Season.
Recommended Action:
Staff ReportAttachments:
3.11. Appropriation of $ 89,609.26 in State of California Office of Emergency Services funding received.
1. Accept into the City ’s revenue budget $89,609.26 in strike team reimbursement funds from the California Office of Emergency Services, into the revenue account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.
2. Authorize the appropriation of $84,991.05 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.
3. Authorize the appropriation of $3,830.21 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.
4. Authorize the appropriation of $788.00 into the expenditure account numbers for Motor Vehicle Replacement as specified in Section 6 of the staff report.
Recommended Action:
Staff ReportAttachments:
3.12. Final Acceptance of Bid No. 21-22.34; SP -4144, Katella Avenue Street Improvement Project; and authorization to file Notice of Completion.
Accept Katella Avenue Street Improvement Project as complete, and authorize staff to file Notice of Completion with the County Recorder.
Recommended Action:
City Council Agenda August 22, 2023
Staff Report
Notice of Completion and Acceptance
Attachments:
3.13. Final Acceptance of Bid No. 22-23.05; SP -4086; Cannon Street at Serrano Avenue Intersection Improvement Project; and authorization to file Notice of Completion.
Accept Cannon Street at Serrano Avenue Intersection Improvement Project as 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. Authorize the purchase of one fire apparatus for the Orange Fire Department and two vehicles for the Orange Police Department through a Cooperative Purchasing Agreement.
1. Approve the purchase of one Pierce Enforcer Fire Apparatus from South Coast Fire Equipment for $1,215,907.
2. Authorize the purchase of safety equipment and supplies needed to equip the Fire Apparatus from single source vendors in the amount of $84,093.
3. Authorize the purchase of two 2023 Chevrolet Bolts from National Auto Fleet Group in the amount of $62,537.
4. Authorize the replaced Fire Seagrave Pumper and Tiller Truck donation to Queretaro, Mexico.
Recommended Action:
Staff Report
Prepay HGAC FS12-19
Bomberos Queretaro Letter
Attachments:
3.15. Adoption of a resolution regarding the 2023, 2024, and 2025 Winter Holiday Closure. Resolution No. 11489.
Adopt Resolution No. 11489. A Resolution of the City Council of the City of Orange regarding the 2023, 2024, and 2025 Winter Holiday Closure.
Recommended Action:
Staff Report
Resolution No. 11489
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
City Council Agenda August 22, 2023
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). Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
5.1. La Veta Monterey Condominiums Update (Dumitru)
6. ADMINISTRATIVE REPORTS
6.1. Consideration of an appeal of the City Traffic Commission ’s decision to deny removal of on -street parking on the south side of Katella Avenue between Sacramento and Handy Streets, Appeal No. CTC 0001-23.
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed.
Recommended Action:
Staff Report
Site Sketch
Appeal Application
June 14, 2023, CTC Report
June 14, 2023 CTC Minutes
OCTA Letter
Attachments:
6.2. Adoption of an Expense and Reimbursement Policy for City Councilmembers for actual and necessary expenses incurred in the performance of their official duties. Resolution No. 11485.
Adopt Resolution No. 11485. A Resolution of the City Council of the City of Orange Adopting an Expense and Reimbursement Policy for City Council Members for Actual and Necessary Expenses Incurred in the Performance of their Official Duties.
Recommended Action:
Staff Report
Resolution No. 11485
Attachments:
6.3. Proposal to analyze a possible increase in the Uniform Transient Occupancy Tax rate.
Authorize staff to analyze a possible increase in the Uniform Transient Occupancy Tax rate.
Recommended Action:
Staff ReportAttachments:
City Council Agenda August 22, 2023
7. REPORTS FROM CITY MANAGER
7.1. City of Orange Fiscal Health Report. (Continued from August 8, 2023) Receive and file.
Recommended Action:
Staff ReportAttachments:
8. PUBLIC HEARINGS
8.1. Public Hearing to consider adoption of a resolution approving the demolition of an existing 40,000 square foot (SF) manufacturing facility and site redevelopment with a 57,900 SF truck terminal that includes 52,900 SF of warehouse space, 5,000 SF of office space, and an accessory 5,400 SF maintenance building located at 534 W. Struck Avenue; certifying Environmental Impact Report No . 1870-20; and adopting all findings and a Mitigation Monitoring and Reporting Program. (Applicant: Prologis, L.P.)
Adopt Resolution No. 11487. A Resolution of the City Council of the City of Orange certifying Environmental Impact Report No. 1870-20, adopting a Mitigation Monitoring and Reporting Program and approving Conditional Use Permit No. 3137-21, Major Site Plan Review No. 1039-21, Design Review No. 5028-21 to demolish an existing 40,000 SF manufacturing facility and site redevelopment with a 57,900 SF truck terminal that includes 52,900 SF of warehouse space, 5,000 SF of office space, and an accessory 5,400 SF maintenance building, located at 534 W. Struck Avenue.
Recommended Action:
Staff Report
Attachment 1 City Council Resolution No 11487
Attachment 2 Planning Commission Resolution No. PC 10-23 Attachment 3 Design Review Committee Staff Reports dated November 3, 2021, and February 16, 2022
Attachment 4 Design Review Committee Minutes dated November 3, 2021, and February 16, 2022
Attachment 5 Planning Commission Staff Report dated July 17, 2023 Attachment 6 Planning Commission Minutes dated July 17, 2023 Attachment 7 Development Plans with Color Elevations and Color Martials Board
Attachment 8 Draft Environmental Impact Report (DEIR) No. 1870-20 Attachment 9 Final Environmental Impact Report (FEIR) No. 1870-20 Attachment 10 Mitigation Monitoring Reporting Program
Attachment 11 Findings of Fact
Attachment 12 Economic and Fiscal Impact Report
Attachments:
City Council Agenda August 22, 2023
9. ADJOURNMENT
The City Council will Adjourn in Memory of Christine Grace Reyes.
The next Regular City Council meeting will be held on Tuesday, September 12, 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, Orange Police Department at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.
Date posted: August 17, 2023