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 23, 2024
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 .
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 January 23, 2024
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 23, 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 – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Mary’s Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9(a), (d)(1) & (d)(4) - One case Name of Case: Gloria Johnson, et. al. v. City of Grants Pass United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752; 20-35881 United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL (The reason for holding a closed session is for the purpose of conferring with and /or receiving advice from the City ’s legal counsel and to receive direction from the City Council regarding the possible filing and/or participation in an amicus brief in this 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 January 23, 2024
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor William Johnson, First United Methodist Church
1.2 PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Boy Scout Troop 1475 and Cub Scout Pack 1475
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Thomas Broz
Orange Public Library Foundation Presentation to the Orange Public Library Proclamation honoring the Woman's Club of Orange for their Service to the Community
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 23, 2024
3.2. Agreement with Verde Design, Inc. for architectural and engineering design services for El Modena Park ball field netting as part of the El Modena Area Renovation project and finding of CEQA exemption.
1. Approve the agreement with Verde Design, Inc. in an amount not to exceed $128,216 for design of a ball field netting project as part of the El Modena Area Renovation Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” Class 1.
Recommended Action:
Staff Report
Agreement with Verde Design, Inc.
Attachments:
3.3. Agreement with Cullen & Associates, Inc ., for an Interim Assistant Finance Director position.
Approve the agreement with Cullen & Associates, Inc. in the amount of $ 80,000 for assistance in the daily oversight and management of the activities in the Finance Department; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Professional Services Agreement
Attachments:
3.4. Software Services Agreement with Fifth Asset, Inc. d/b/a DebtBook for Accounting for Debt Service, Leases, and Subscription Based Information Technology Arrangements.
Approve the agreement with Fifth Asset, Inc. d/b/a DebtBook in the amount of $ 43,500 for a software subscription to track the City ’s debt service obligations, leases, and Subscription Based Information Technology Arrangements; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Software Services Agreement
Attachments:
3.5. Lease Agreement between the City of Orange and Orange Children and Parents Together.
Approve the ten -year Lease Agreement, with two five -year extensions, between the City and Orange Children and Parents Together; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
City Council Agenda January 23, 2024
Staff Report
Lease Agreement
Attachments:
3.6. Third Amendment to Agreement with Tetra Tech, Inc. for providing geotechnical and construction support services for Well 28 Equipping and Public Pocket Park Construction Project.
Approve the Third Amendment for $ 83,500 with Tetra Tech Inc. bringing the total contract to a not to exceed amount of $ 938,200; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Third Amendment to Agreement with Tetra Tech, Inc.
Attachments:
3.7. Appropriation of $ 36,260 in designated donation funding received from the Orange Public Library Foundation.
1. Accept into the City ’s budget a $36,260 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation.
2. Authorize the appropriation of $36,260 into the following expenditure account numbers:
$20,000 100.2004.55131.19322 Furniture & Machinery
$16,260 100.2001.53001.20307 Materials & Supplies
Recommended Action:
Staff ReportAttachments:
3.8. Award of Sourcewell Contract to Horizons Construction Company International, Inc. for facility repairs, maintenance, and safety improvements; and finding of CEQA exemption.
1. Approve contract with Horizons Construction Company International, Inc. for $146,563, representing an original amount of $127,446 plus a 15% contingency of $19,117 for facility repairs, maintenance, and safety improvements; and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “existing facilities” Class 1.
Recommended Action:
Staff Report
Contract with Horizons Construction Company International, Inc.
Attachments:
City Council Agenda January 23, 2024
3.9. Award of Contract to Gentry General Engineering, Inc. for Community Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement Project; and authorize Amendment to the 2023-2024 Annual Action Plan to increase funding for the project; Bid No . 23-24.18.
1. Authorize the Amendment to the Memorandum of Understanding to increase the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Project by $10,000, for a total not -to-exceed amount of $100,000; and authorize the City Manager or his designee to execute the amendment on behalf of the City.
2. Authorize the Amendment to the 2023-2024 Annual Action Plan to increase the allocation to the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Project by $10,000 to a total allocation of $100,000 and submit the Amendment to the Department of Housing and Urban Development (HUD).
3. Authorize the transfer of $10,000 from expenditure account 310.9645.56020.20503, CIP-Building and Improvements to expenditure account 310.9645.56330.11328, ADA Improvements - Curbs.
4. Approve contract to Gentry General Engineering, Inc. in the total amount of $86,570, representing an original amount of $78,700, plus a 10% contingency of $7,870, for Community Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Bid Abstract
Contract with Gentry General Engineering, Inc.
Amendment to 2023-2024 Annual Action Plan
Attachments:
3.10. City Traffic Commission Activity Report for 2023.
Receive and file.
Recommended Action:
Staff Report
Activity Recap 2023
Attachments:
3.11. Approval of temporary street closures for approved special events. Resolution No.11520.
1. Adopt Resolution No .11520. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.
2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2023-2024 and 2024-2025.
Recommended Action:
City Council Agenda January 23, 2024
Staff Report
Attachment 1 Resolution No. 11520
Attachment 2 Map of Municipal Parking Lots
Attachment 3 Map of Permit Parking Area A
Attachment 4 Map of Permit Parking Area D & G
Attachment 5 Site Sketch of South Orange Street at Assistance League Building
Attachment 6 Letters of Request
Attachments:
3.12. Memorandum of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO. Resolution No. 11521.
Adopt Resolution No. 11521. A Resolution of the City Council of the City of Orange repealing Resolution No. 11274 and all amendments thereto and approving the Memorandum of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL -CIO concerning wages, hours, and other terms and conditions of employment effective July 1, 2023, through June 30, 2026.
Recommended Action:
Staff Report
Resolution No. 11521
Attachments:
END OF CONSENT CALENDAR
* * * * * * * *
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).
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. Professional Services Agreement with CityThinkers, Inc. for urban design services to develop a design concept for the West Katella Avenue area.
1. Approve the transfer of $55,000 from 952.9810.56020.20247, Building and Improvements -SAORA Capital, to 952.9810.51670.20541, Prof & Consulting - West Katella District.
Recommended Action:
City Council Agenda January 23, 2024
2. Approve the agreement with CityThinkers, Inc. in the amount of $55,000 for urban design services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Staff Report
Professional Services Agreement with CityThinkers, Inc.
Attachments:
7.2. Affordable Housing Agreement between the City of Orange and Orange 702, L.P.
1. Approve the Affordable Housing Agreement between the City of Orange and Orange 702, L.P. in the amount of $2,200,000.
2. Authorize the City Manager and City Clerk to execute the Agreement, with any minor, non -substantive changes approved by the City Attorney, as well as any amendments thereto and all documentation in furtherance of the Agreement, including, but not limited to, any attachments to the Agreement and any necessary subordination agreements.
3. Authorize the appropriation of $2,200,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved balance to expenditure account number 921.9810.56571.20540 - Rehab/Dev Loans - Orion Project. Estimated fund balance after appropriation is $955,000.
Recommended Action:
Staff Report
Affordable Housing Agreement with Orange 702, L.P
Attachments:
7.3. Consideration of City Council resolutions memorializing the Orange City Council’s position on forthcoming ballot measures in March and November 2024.
1. Receive and file a presentation on Proposition 1, Assembly Constitutional Amendment 1, and Assembly Constitutional Amendment 13 by Townsend Public Affairs.
2. Consider the adoption of Resolution No. 11523. A Resolution of the City Council of the City of Orange, California, opposing Assembly Constitutional Amendment 1, which will appear on the November 5, 2024, Statewide General Election Ballot.
3. Consider the adoption of Resolution No. 11524. A Resolution of the City Council of the City of Orange, California, opposing Assembly Constitutional Amendment 13 which will appear on the November 5, 2024, Statewide General Election Ballot.
4. Consider the adoption of Resolution No. 11525. A Resolution of the City Council of the City of Orange, California, opposing Proposition 1, Behavioral Health Services Program and Bond Measure, which has been placed on the March 5, 2024, Statewide Presidential Primary Election Ballot.
Recommended Action:
Staff Report
Resolution No. 11523
Resolution No. 11524
Resolution No. 11525
Attachments:
City Council Agenda January 23, 2024
8. REPORTS FROM CITY MANAGER
9. PUBLIC HEARINGS
9.1. Public Hearing to consider an amendment to the 2020-2024 Consolidated Plan to add a Tenant Based Rental Assistance Program and updates to the Citizen Participation Plan.
1. Conduct and close Public Hearing.
2. Approve the draft amendment to the 2020-2024 Consolidated Plan.
3. Approve the updates to the Citizen Participation Plan.
4. Authorize staff to incorporate comments received for the amendment to the 2020- 2024 Consolidated Plan at the Public Hearing before submitting to the Department of Housing and Urban Development.
Recommended Action:
Staff Report
Draft Amendment to the 2020-2024 Consolidated Plan
Draft CitizenParticipation Plan
Attachments:
10. ADJOURNMENT
The City Council will Adjourn in Memory of Thomas Broz.
The next Regular City Council meeting will be held on Tuesday, February 13, 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 18, 2024