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
January 09, 2024
Joint Meeting with the
Successor Agency to the
Orange Redevelopment Agency
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 identify 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 .
City Council Agenda January 9, 2024
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 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 January 9, 2024
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 LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (One potential case)
The City of Orange has received a litigation threat related to a housing development project. A record of the statement threatening litigation is available for public inspection at the Office of the City Clerk located at 300 E. Chapman Avenue, Orange, CA 92866.
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 9, 2024
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Reverend Zarrir Bhandara, Zoroastrian Association of California
1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Harold Gomer
Proclamation recognizing 2024 as the Sapphire Anniversary of the Friends of the Orange Public Library
Introduction of Miss Orange 2024 contestants
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 January 9, 2024
3.2. Confirmation of warrant registers dated December 7, 14, and 21, 2023.
Approve as presented.
Recommended Action:
Staff Report
December 07 2023 Warrant Writing Register
December 14 2023 Warrant Writing Register
December 21 2023 Warrant Writing Register
Attachments:
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on December 12, 2023.
Approve minutes as presented.
Recommended Action:
Staff Report
December 12, 2023, Regular Meeting minutes
Attachments:
3.4. Agreement with the Municipal Water District of Orange County for sharing consultant costs for completion of the Lead and Copper Rule Revisions Service Line Inventories.
Approve the agreement with the Municipal Water District of Orange County in the amount of $ 111,756 for implementation of the Lead Service Line Inventory Program; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Cost Sharing Agreement
Attachments:
3.5. First Amendment to the Agreement with RHA Landscape Architects Planners, Inc. for the Hart Park Pickleball and Fitness Circuit Project.
Approve amendment with RHA Landscape Architects Planners, Inc. in an amount not to exceed $ 34,610 for construction administrative services and additional electrical design services for Hart Park Pickleball and Fitness Circuit Project (20315); and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to the Agreement with RHA
Attachments:
3.6. Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services relating to litigation defense in the matter of Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
Recommended Action:
City Council Agenda January 9, 2024
Approve a Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $ 80,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Second Amendment to Attorney Services Agreement
Attachments:
3.7. Participate in a one -time Public Provider Ground Emergency Medical Transportation Intergovernmental Transfer Program with the California Department of Health Care Services.
Approve agreements with the California Department of Health Care Services in the amount of $ 928,426, plus a $ 92,843 assessment fee to the California Department of Health Care Services for managing the Public Provider Ground Emergency Medical Transportation program, payable in quarterly Intergovernmental Transfers; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
DHCS IGT Certification Form for CY 2024
DHCS CY 2024 Invoice #1
Assembly Bill 1705 (AB 1705)
Attachments:
3.8. Award of Sourcewell Contract to Horizons Construction Company International, Inc. for the installation of new fencing along Riverdale Avenue; approval of Reimbursement Agreement with Orange County Water District; and finding of CEQA exemption.
1. Approve a Sourcewell contract with Horizons Construction Company International, Inc. in the amount of $169,908 for the fence installation along Riverdale Avenue from Orange Olive Road to approximately 2,000 linear feet west of Orange Olive Road; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Approve the Reimbursement Agreement with Orange County Water District in the amount not to exceed $80,000 to construct the new fence: and authorize the Mayor and City Clerk to execute on behalf of the City.
3. Appropriate $90,000 from unreserved General Fund balance to account 100.5095.51700.30235.
4. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 “Replacement or Reconstruction” Class 2 (c).
Recommended Action:
Staff Report
Contract with Horizons Construction Company International, Inc.
Orange County Water District Reimbursement Agreement
Attachments:
City Council Agenda January 9, 2024
3.9. First Amendment to the Contract with La Rocque Better Roofs, Inc. for the Park Facility Roof Repair Project.
Approve amendment with La Rocque Better Roofs, Inc. in an amount not to exceed $17,027.90 for construction services for Park Facility Roof Repair (20507); and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to the Contract with La Rocque
Attachments:
3.10. Second Amendment to the Contract with Charles McCandless Tile Contractor, Inc. for Plaza Park Fountain repair.
1. Approve the Second Amendment with Charles McCandless Tile Contractor, Inc. in the amount of $46,559.36 for Plaza Fountain Repair Project (20351); and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the appropriation of $60,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.
Recommended Action:
Staff Report
Second Amendment to Charles McCandless Tile Contractor, Inc.
Contract
Attachments:
3.11. Authorize purchase of a prisoner transport van from the National Auto Fleet Group for the Orange Police Department using a Cooperative Purchasing Agreement.
Approve the purchase of a prisoner transport van and jailer upfit from National Auto Fleet Group in the amount of $106,187.
Recommended Action:
Staff ReportAttachments:
3.12. General Plan Annual Progress Report to the State of California.
Receive and file the 2022 General Plan Annual Progress Report for submittal to the State.
Recommended Action:
Staff Report
Attachment 1 - Planning Commission Staff Report dated December 4, 2023
Attachment 2 - 2010 General Plan Vision Statement
Attachment 3 - 2022 General Plan Implementation Report
Attachment 4 - 2022 Annual Housing Element Progress Report Attachments:
City Council Agenda January 9, 2024
3.13. Agreement with the State of California Department of Justice for the Tobacco Grant Program from November 2023 through June 2027. Resolution No. 11515.
1. Approve agreement with the State of California Department of Justice in the amount of $230,969 for the Tobacco Grant Program, and authorize the City Manager to execute on behalf of the City.
2. Adopt Resolution No. 11515. A Resolution of the City Council of the City of Orange accepting funds in the amount of $230,969 from the State of California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant Program, and authorizing the Chief of Police or City Manager to execute the grant program Memorandum of Understanding and related documents.
3. Accept into the City ’s budget $230,969 in grant funds from the State of California Department of Justice into revenue account number 100.4033.45495.30237 Tobacco Grant.
4. Authorize the appropriation of $230,969 into the following expenditure accounts. 100.4033.50221.30237 Overtime - Safety Tobacco Grant $229,977 100.4033.55131.30237 Equipment Additions - Tobacco Grant 992 Recommended Action:
Staff Report
Tobacco Grant Program MOU DOJ-PROP56-2023-24-1-020
Resolution No. 11515
Attachments:
3.14. Memorandum of Understanding between the City of Orange and the City of Orange Police Association. Resolution No. 11516.
Adopt Resolution No. 11516. A Resolution of the City Council of the City of Orange repealing Resolution No. 11277 and all amendments thereto and approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Association concerning wages, hours, and other terms and conditions of employment effective July 1, 2023, through June 30, 2026.
Recommended Action:
Staff Report
Resolution No. 11516
Attachments:
SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.15. Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2024, through June 30, 2025. Resolution No. SAORA-037.
1. Adopt Resolution No. SAORA-037. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2024, through June 30, 2025, pursuant to Health and Safety Code Section 34177, and taking Recommended Action:
City Council Agenda January 9, 2024
certain related actions.
2. Direct staff to transmit ROPS 24-25 and related Administrative Budgets to the Orange Countywide Oversight Board.
Staff Report
Resolution No. SAORA-037
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
4.1. Sweet Orange City Council Subcommittee Final Update
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 (Barrios & Gutierrez)
6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.
7. ADMINISTRATIVE REPORTS
7.1. Establish lobbyist registration fee pursuant to Ordinance No. 14-23. Resolution No. 11517.
Adopt Resolution No. 11517. A Resolution of the City Council of the City of Orange Amending the Master Schedule of Fees and Charges for various services and lobbyist registration.
Recommended Action:
Staff Report
Resolution No. 11517
Attachments:
8. REPORTS FROM CITY MANAGER
9. PUBLIC HEARINGS
9.1. Public Hearing to consider a Resolution approving an amended and restated Solid Waste Franchise Agreement between the City of Orange and CR&R, Inc. to establish solid waste rates; and finding of CEQA exemption.
1. Conduct and close Public Hearing.
2. Adopt Resolution No. 11518. A Resolution of the City Council of the City of Orange approving an amended and restated integrated solid waste management and street Recommended Action:
City Council Agenda January 9, 2024
sweeping services agreement with CR&R Incorporated.
3. Approve a Franchise Agreement with CR&R. Inc. for solid waste collection services for 10 years beginning February 1, 2024, with one optional five -year extension; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. Allow the City Manager to make minor changes to the Franchise Agreement with CR&R, Inc. prior to execution that are clerical in nature or minor adjustments necessary to effectuate the intent of the Franchise Agreement.
5. Find that the proposed Franchise Agreement is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15061(b)(3) (Common Sense Exemption) and 15308 (Class 8 Exemption).
Staff Report
Resolution No. 11518
Solid Waste Franchise Agreement between the City of Orange and CR&R Environmental Services, Inc.
Solid Waste Rates Schedule 2024
Memo CR&R Road Mitigation Impact Payment
Attachments:
10. ADJOURNMENT
The City Council will Adjourn in Memory of Harold Gomer.
The next Regular City Council meeting will be held on Tuesday, January 23, 2024, 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: January 4, 2024