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
September 10, 2024
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
Teleconference Location
Omni Scottsdale Resort and Spa at Montelucia
Prado Meeting Room
4949 East Lincoln Dr.
Scottsdale, AZ 85253
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 September 10, 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 September 10, 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: The Orange JCP Project Owner, LLC v. City of Orange Orange County Superior Court Case No. 30-2024-01415352
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (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 September 10, 2024
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
1.1 INVOCATION
Pastor Tom Copple, Spirit and Truth Worship Center
1.2 PLEDGE OF ALLEGIANCE
Councilmember Kathy Tavoularis
1.3 ROLL CALL
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing September 15 - October 15 as National Hispanic Heritage Month
Proclamation honoring local resident, Ron Esparza, for his contributions to our Hispanic American 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 unless a different time limit is announced.
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 August 1, 6, 8, 15, 20, 22, and 29, 2024.
Approve as presented.
Recommended Action:
City Council Agenda September 10, 2024
Staff Report
August 1, 2024 Warrant Writing Register
August 6, 2024 Warrant Writing Register
August 8, 2024 Warrant Writing Register
August 15, 2024 Warrant Writing Register
August 20, 2024 Warrant Writing Register
August 22, 2024 Warrant Writing Register
August 29, 2024 Warrant Writing Register
Attachments:
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on August 13, 2024.
Approve minutes as presented.
Recommended Action:
Staff Report
August 13, 2024, Regular Meeting minutes
Attachments:
3.4. Agreement with Willdan Engineering for on-call building services.
Approve the agreement with Willdan Engineering in the amount of $ 100,000 for on -call building services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
Agreement with Willdan Engineering
Attachments:
3.5. Agreements with the California Department of Health Care Services and CalOptima for a one-time Intergovernmental Transfer for Fiscal Year 2024-2025.
1. Approve agreements with the California Department of Health Care Services and CalOptima in the amount of $694,640 representing $578,867 in unreimbursed Medicare revenue plus a $115,773 administration fee, for a one -time Intergovernmental Transfer, and authorize the Mayor and City Clerk to execute on behalf of the City.
2. Authorize the advancement of $694,640 from the General Fund (100) to the California Department of Health Care Services.
Recommended Action:
Staff Report
Intergovernmental Agreement - City of Orange - CY23
Attachments:
City Council Agenda September 10, 2024
3.6. First Amendment to Agreement with MNS Engineering, Inc. for Community Development Block Grant, HOME Investment Partnerships Program, and general housing support services.
Approve First Amendment to the agreement with MNS Engineering, Inc. for $ 77,000, for a total not to exceed compensation of $ 107,000, for Community Development Block Grant, HOME Investment Partnerships Program, and general housing support services; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Agreement with MNS Engineering, Inc.
Attachments:
3.7. First Amendment to Agreement with Cullen & Associates, Inc. for consulting services.
Approve the First Amendment to the agreement with Cullen & Associates, Inc. in the amount of $ 80,000 for consulting services for a total not to exceed contract amount of $160,000; and authorize the Mayor and City Clerk to execute on behalf of the City.
Recommended Action:
Staff Report
First Amendment to Professional Services Agreement with Cullen & Associates, Inc.
Attachments:
3.8. Authorize purchase of cartridge filters for PFAS treatment systems from various vendors.
Approve the purchase of PFAS cartridge filters for various water production wells from PDDA Filtration System for a total amount of $ 100,000, from Pure Process Filtration for a total amount of $100,000, and from Towner Filtration for a total amount of $50,000.
Recommended Action:
Staff ReportAttachments:
3.9. Request to temporarily close the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure.
Approve the temporary closure of the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure for the Elks Lodge fundraising event contingent upon a Special Event Permit being approved by City staff.
Recommended Action:
Staff Report
Special Event Permit Application
Area Map
Lot Closure PW Cost Estimate
Attachments:
City Council Agenda September 10, 2024
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 .
Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.
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. REPORTS FROM CITY MANAGER
8. PUBLIC HEARINGS
8.1. Public Hearing to consider introduction and First Reading of an ordinance amending Title 17 of the Orange Municipal Code to update homeless shelter regulations and definition; and finding of CEQA exemption. Ordinance No. 25-24.
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 25-24. An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code regarding homeless shelter regulations.
3. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).
Recommended Action:
Staff Report
Attachment 1 Ordinance No. 25-24
Attachment 2 Ordinance No. 25-24 (Redlined)
Attachment 3 Planning Commission Resolution No PC 20-24 Attachment 4 Planning Commission Staff Report, August 5, 2024 Attachment 5 Planning Commission Minutes, August 5, 2024 Attachments:
8.2. Public Hearing to consider introduction and First Reading of two ordinances approving a Zoning Text Amendment and Development Agreement allowing expanded business activities at Blue Ribbon Nursery and dedication of a former sand and gravel pit to the City of Orange as permanent open space at 5309 East Santiago Canyon Road and alternate addresses 1425 North Santiago Boulevard and 1921 Old Country Park Road; and finding of CEQA exemption. Ordinance Nos. 26-24 and 27-24. Resolution No. 11572.
Recommended Action:
City Council Agenda September 10, 2024
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 26-24. An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to allow the sale of building materials and landscape supplies in a Sand and Gravel Zone in conjunction with a commercial nursery subject to a conditional use permit.
3. Introduce and conduct First Reading of Ordinance No. 27-24. An Ordinance of the City Council of the City of Orange approving a Development Agreement No. 0010- 24 by and between the City of Orange and OC Reclamation, LLC a California Limited Liability Company.
4. Adopt City Council Resolution No. 11572. A Resolution of the City Council of the City of Orange approving Conditional Use Permit No. 3229-24 to allow the expanded sale of building materials and landscape supplies in conjunction with the existing Blue Ribbon Nursery at 5309 East Santiago Canyon Road.
5. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines pursuant to, but not limited to Section 15305, 15307, and 15308.
Staff Report
Attachment 1 Ordinance No. 26-24 (Clean)
Attachment 2 Ordinance No. 26-24 (Redline)
Attachment 3 Ordinance No. 27-24
Attachment 4 Resolution No. 11572
Attachment 5 Planning Commission Resolution No. PC 21-24 Attachment 6 Planning Commission Resolution No. PC 22-24 Attachment 7 Planning Commission Resolution No. PC 23-24 Attachment 8 Planning Commission Minutes, August 5, 2024 Attachment 9 Planning Commission Staff Report, August 5, 2024 Attachment 10 Project Plans
Attachments:
9. ADMINISTRATIVE REPORTS
9.1. Monthly Treasurer’s Reports for April, May, and June 2024.
Receive and file.
Recommended Action:
Staff Report
Investment Report for the Period Ending June 30, 2024
Monthly Statement for April 2024
Monthly Statement for May 2024
Monthly Statement for June 2024
Attachments:
9.2. School Crossing Guard Program Discussion and Update.
Recommended Action:
City Council Agenda September 10, 2024
Provide direction to staff on reinstituting funding of the School Crossing Guard Program and consider contracting services for hiring, staffing, and management of the program.
Staff Report
Guard Locations
Attachments:
9.3. Executive Management and Senior Management employees’ classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11575 and 11576 or Resolutions Nos. 11577 and 11578.
Adopt option 1 or 2:
Option 1 (Cost of Living Adjustment effective date of June 30, 2024):
A. Adopt Resolution No. 11575. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11480 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees effective July 1, 2024, through and including June 30, 2025; and
B. Adopt Resolution No. 11576. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11562 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5; OR
Option 2 (Cost of Living Adjustment effective date of August 25, 2024):
A. Adopt Resolution No. 11577. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11480 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees effective July 1, 2024, through and including June 30, 2025; and
B. Adopt Resolution No. 11578. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11562 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.
Recommended Action:
Staff Report
Resolution No. 11575
Resolution No. 11576
Resolution No. 11577
Resolution No. 11578
Attachments:
9.4. Consideration of Resident Vehicle Incentive Program.
Approve the Resident Vehicle Incentive Program contingent on voter approval of Measure Z - City of Orange Public Safety/City Services Measure.
Recommended Action:
City Council Agenda September 10, 2024
Staff Report
Resident Vehicle Incentive Program Guidelines
Attachments:
10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, September 24, 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: September 5, 2024