HomeMy WebLinkAbout03-08-2022 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 12, 2022
MINUTES
City of Orange
City Council
111 March 08, 2022
The City Council of the City of Orange, California convened on March 8, 2022, at 5:00 p.m. in
a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION
1. ROLL CALL
Present: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: Nichols
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present,
except Mayor pro tern Nichols who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1)- Four cases
1) Name of case: Phyllis Schneider, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01234143
Councilmember Dumitru and Councilmember Barrios declared conflicts based on a
business relationship with Phyllis Schneider and recused themselves from the
discussion. They both left Closed Session at 5:04 p.m. and returned to Closed Session
at 5:20 p.m.
2) Name of case: Jorge Martin Gomez Sanchez v. City of Orange
Orange County Superior Court Case No. 30-2021-01224015
3) Name of Case: Paula Acken, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01207319
4) Name of Case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES
4. CLOSED SESSION REPORT
None
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City Council Minutes March 8,2022
5. ADJOURNMENT
Closed Session was adjourned at 6:00 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:10 p.m.
1.1 INVOCATION
Given by Pastor Ric Olsen from The Beacon Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.
1.3 ROLL CALL
Present: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: Nichols
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing Ed Howard and the Orange Elks Lodge Drug Awareness
Program
Friends of the Orange Public Library Presentation to the Orange Public Library
2021 Community Partnership Recognition
Mayor Murphy announced a tree planting event taking place on March 12, 2022, at
Grijlava and Yorba parks as part of the California Urban Forest tree planting project.
2. PUBLIC COMMENTS
Public Speakers
The following spoke in opposition of a proposed cemetery near Palmyra Avenue:
Bernie Galasso, Silvia San Nicolas, Sharon Galasso, and Bill Vaughter.
Phil Zoerlein expressed concerns with his neighborhood not being notified of
construction taking place at Grijalva Park.
Kimberly Bottomley discussed homeless encampments near the 57 freeway.
Written Public Comments
Janice Brownfield emailed about the global climate crisis.
Ryan Yowell emailed requesting maintenance of the Olive field bathrooms.
RECESS: The City Council recessed at 7:03 p.m. and reconvened at 7:11 p.m. with all
Members present, except Mayor pro tern Nichols who was absent.
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Item 10.1 was reordered to be heard after Public Comments)
10. PUBLIC HEARINGS
The following item began at 7:11 p.m.
10.1. Accept public comments regarding redistricting and consider staffs request for
a continuance to a date certain to discuss possible adoption of a district map.
Senior Assistant to the City Manager Aaron Schulze announced in Spanish that live
translation services were available upon request.
City Attorney Sheatz provided a brief report. After the February 8 Council meeting, the
demographer expressed concerns with several district boundary irregularities that exist
in Map 121 selected by the Council at that meeting. In particular, he discovered
boundary lines that are not easily identifiable because they divide neighborhoods into
two different districts. Additionally, the City received a letter from an elections attorney
objecting to the irregularities, shape and location of certain boundaries in Map 121; and
stated the adoption of Map 121 would result in legal action.
Staff is requesting a continuation of this item to March 22 when the demographer can
be present to address Council's questions.
Mayor Murphy opened the Public Hearing at 7:15 p.m.
Public Speaker
Sammy Rodriguez read an article published in the Foothills Sentry.
Mayor Murphy closed the Public Hearing at 7:18 p.m.
During discussion, Council directed staff to work with the demographer to adjust
boundaries in Map 126 including the saw tooth boundaries between Districts 3 and 4;
the C shape boundary between Districts 1 and 2; and the boundary along Santiago
Creek in Districts 4, 5, and 6. In addition, Council requested to include the Cypress
Barrio in District 1 if it doesn't substantially change CVAP (citizen voting age
population) in District 2.
During further discussion, Council requested Maps 119, 121, 126, and a revised map
based on Council direction be brought back for consideration.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Monaco, to continue the Public Hearing to March 22, 2022; and bring back Maps, 119,
121, 126, and a revised map based on Council direction for Council's consideration
and possible adoption. The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
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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.
ACTION: Approved.
3.2. Confirmation of warrant registers dated February 3, 11, 17, and 25, 2022.
ACTION: Approved.
3.3. Approval of meeting minutes of the City Council of the City of Orange for the
January 29, 2022, Adjourned Regular Meeting; and February 8, 2022, Regular
Meeting.
ACTION: Approved minutes as presented.
3.4. Investment Oversight Committee report for the period ending February 28, 2022.
ACTION: Received and filed.
3.5. Agreement with We the Creative for production of the City's quarterly
publication, Our Orange.
ACTION: Approved agreement with We the Creative in the amount not-to-exceed
311,203.70 for production of twelve issues of Our Orange; and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.6. Agreement with Joseph C. Truxaw and Associates, Inc. for land surveying
services.
ACTION: Approved the agreement with Joseph C. Truxaw and Associates, Inc. in the
amount of $23,805 for land surveying services; and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.7. Agreement with Park Consulting Group, Inc. for Enterprise Land Management
System Procurement Services.
ACTION: Approved professional services agreement with Park Consulting Group, Inc.
in the amount not to exceed $57,500 for Land Management System Procurement
Services, and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8. Agreement with L.A. Consulting, Inc. for evaluation of maintenance and
operational practices.
ACTION: Approved the agreement with L.A. Consulting in the amount of $47,655 for
evaluation services for maintenance and operational practices, and authorized the
Mayor and City Clerk to execute on behalf of the City.
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3.9. First Amendment to Agreement with Azarvand's Building Department Services
LLC for Building and Safety plan review services.
ACTION: 1) Approved a First Amendment to Professional Services Agreement with
Azarvand's Building Department Services LLC, in the amount of $60,000; and
authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized
the appropriation of $60,000 from the General Fund to expenditure account number
100.5013.51670.00000, Other Professional & Consulting Services.
3.10. First Amendment to Agreement with Yunex, LLC for On-Call Signal and Lighting
Emergency Repair Services.
ACTION: Approved the First Amendment to Agreement with Yunex, LLC for On-Call
Signal and Lighting Emergency Repair Services, and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.11. Second Amendment to Agreement with Sagecrest Planning and Environmental
for planning staffing services.
ACTION: Approved the second amendment to agreement with Sagecrest Planning and
Environmental for planning staff services; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.12. Second Amendment to Agreement with Michael Baker International for
Community Development, HOME Investments and Partnerships Program, and
special grant administration consulting services.
ACTION: Approved the Second Amendment to agreement with Michael Baker
International, Inc. for Community Development Block Grant, HOME Investments and
Partnerships Program, and general grant administration consulting services, and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.13. Second Amendment to Agreement with Iteris, Inc. for Traffic Engineering
Services for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal
Synchronization Program Project.
ACTION: Approved the second amendment to agreement with Iteris, Inc. for Traffic
Engineering Services in an additional amount of $872,430; and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.14. Appropriation of $1,000 in designated grant funding received from Tangled Bank
Studios and PBS Nature.
ACTION: 1) Accepted into the City's revenue budget $1,000 in grant funds from
Tangled Bank Studios and PBS Nature into revenue account number
100.2001.45495.30199, General Fund -#PlantWildflowers Initiative Grant; and
2) Authorized the appropriation of $1,000 into expenditure account number
100.2016.53340.30199 General Fund-#PlantWildflowers Initiative Grant.
3.15. Appropriation of$24,738 in revenue from user group sports field maintenance.
ACTION: 1) Accepted into the City's revenue budget a $24,738 reimbursement into
account number 100.7022.42480.00000, General Fund - User Group Maintenance
Fees; and 2) Authorized the appropriation of $24,738 into expenditure account number
100.7022.51424.00000, General Fund - User Group Maintenance Fees.
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3.16. Appropriation of $26,000 in designated donation funding received from the
Friends of the Orange Public Library.
ACTION: 1) Accepted into the City's revenue budget a $26,000 donation from Friends
of the Orange Public Library into revenue account number 100.2001.48390.19990,
General Fund - Friends of the Library; and
2) Authorized the appropriation of $26,000 to the following expenditure account
numbers in the General Fund for Friends of the Orange Public Library (19990):
5,000 100.2001.53301.19990 Library Books
5,000 100.2001.55131.19990 Furniture, Machinery, and Equipment
1,000 100.2016.53340.19990 Craft Supplies
15,000 100.2016.55131.19990 Furniture, Machinery, and Equipment
3.17. Appropriation of $167,910.80 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted into the City's revenue budget $167,910.80 in strike team
reimbursement funds from the California Office of Emergency Services (Cal-OES), into
the revenue account numbers for Cal-OES reimbursements as follows: $167,910.80,
account number 100.3024.48212.40274 - Reimbursement from Cal EMA; and 2)
Authorized the appropriation of $167,910.80 into the expenditure account number for
Overtime-Safety as follows: $167,910.80, account number 100.3024.50221.40274-
Overtime-Safety.
3.18. Approval of specifications for Fire Hydrant Painting Services Project, and
authorization to advertise for bids.
ACTION: Approved the specifications and authorized advertising for bids for the Fire
Hydrant Painting Services project; Bid No. 21-22.29.
3.19. Claims for Damages.
ACTION: Denied the following claims and refer to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Artlaine Russell
2. Diana Laura Hernandez Morales
3. Maryam Golbakhsh
4. Leah Aguirre
5. Val and Sandra Trowbridge
6. Alfred Jacobs
7. Lisa Cunning and Janet Jones
3.20. Final Acceptance of Bid No. 20-21.31, Well No. 28 Drilling Project; and
authorization to file Notice of Completion.
ACTION: Accepted Well No. 28 Drilling Project as complete; and authorized staff to file
Notice of Completion with the County Recorder.
3.21. Final Acceptance of Bid No. 20-21.02, Chapman Avenue and Flower Street Left
Turn Signal Improvements; and authorization to file Notice of Completion.
ACTION: Accepted Chapman Avenue and Flower Street Left Turn Signal
Improvements as complete, and authorized staff to file Notice of Completion with the
County Recorder.
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3.22. Final Acceptance of Bid No. 21-22.01; W-703 Reservoir 4 Exterior Cathodic
Protection System Installation Project; and authorization to file Notice of
Completion.
ACTION: Accepted Reservoir 4 Exterior Cathodic Protection System Installation as
complete and authorized staff to file Notice of Completion with the County Recorder.
3.23. Final Acceptance of Bid No. 20-21.01, Chapman Avenue and Feldner Road Left
Turn Signal Improvements - HSIPL-5073(088); and authorization to file Notice of
Completion.
ACTION: Accepted Chapman Avenue and Felnder Road Left Turn Signal
Improvements - HSIPL-5073(088) as complete and authorized staff to file Notice of
Completion with the County Recorder.
3.24. Final Acceptance of Bid No. 20-21.30, Glassell Street and Collins Avenue Left
Turn Signal Improvements - HSIPL-5073(084); and authorization to file Notice of
Completion.
ACTION: Accepted Glassell Street and Collins Avenue Left Turn Signal Improvements
HSIPL-5073(084) as complete, and authorized staff to file Notice of Completion with
the County Recorder.
3.25. Award of Contract to Elegant Construction, Inc. for Fire Station 5 Bathroom
Remodel; Bid No. 21-22.24.
ACTION: Approved the contract with Elegant Construction, Inc. in the amount of
183,339, representing an original bid amount of $159,425, plus a 15% contingency of
23,914; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.26. Award of Contract to Beador Construction Company, Inc. for D-178; Tustin St.,
Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; Bid
No. 21-22.27.
ACTION: 1) Approved contract with Beador Construction Company, Inc. in the total
amount of $828,630, representing an original amount of $753,300 plus a 10%
contingency of $75,330, for Tustin St., Katella Ave. & La Veta Ave. Water Quality
Storm Drain Improvement, and authorized the Mayor and City Clerk to execute on
behalf of the City; and 2) Authorized the appropriation of $250,000 from the Sanitation
and Sewer Fund unreserved fund balance to expenditure account number
220.5022.56340.20485 Sanitation and Sewer - Tustin St., Katella Ave. & La Veta Ave.
Water Quality Storm Drain Improvement.
3.27. Award of Contract to New Dynasty Construction Co. for Police Headquarters
HQ) Lobby Roof and Heating, Ventilation and Air Conditioning (HVAC)
Rehabilitation; Bid No. 21-22.13
ACTION: 1) Approved the contract with New Dynasty Construction Co. in the total
amount of $3,822,744, representing an original amount of $3,475,221 plus a 10%
contingency of $347,523 for Police HQ Lobby Roof and HVAC Rehabilitation, and
authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized
the appropriation of $2,500,000 from the Capital Bond Proceeds unreserved fund
balance to expenditure account number 553.5028.56020.20444, Capital Bond
Proceeds- Police Atrium.
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3.28. Authorize purchase of Dell server maintenance from Sidepath, Inc.
ACTION: Approved the purchase of Dell Server maintenance from Sidepath, Inc. in the
amount of$10,749.
3.29. Authorize purchase of Plaza Park Protective Bollards from single source
provider, Marshalls LP USA.
Item 3.29 was removed from the Consent Calendar for separate consideration by
Councilmember Barrios.
Public Works Director Chris Cash answered Council's questions regarding the design
and placement of the bollards and delineators. The bollards will match what is already
in the Plaza. Staff will review options if the delineators become a more permanent
solution in contributing to traffic and public safety.
ACTION: A motion was made by Councilmember Monaco, seconded by Mayor
Murphy, to approve purchase order for parts and services with Marshalls LP USA, a
single source vendor, in the amount of $150,000. The motion carried by the following
vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
3.30. General Plan Annual Progress Report to the State of California.
ACTION: Received and filed the 2021 General Plan Annual Progress Report for
submittal to the State.
3.31. Status report regarding calendar year 2021 fire inspections of educational and
selected residential occupancies in accordance with California Health and Safety
Code Section 13146.4. Resolution No. 11379.
ACTION: Adopted Resolution No. 11379. A Resolution of the City Council of the City of
Orange acknowledging receipt of a report made by the Orange City Fire Department
regarding performance of certain required annual inspections.
Approval of the Consent Calendar
Item 3.29 was removed from the Consent Calendar and heard separately. All other
items were approved as recommended.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Monaco, to approve the Consent Calendar as presented. The motion carried by the
following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1. Designation of voting delegates for the 2022 Southern California Association of
Governments (SCAG) Regional Conference and General Assembly.
A motion was made by Councilmember Barrios, seconded by Councilmember Monaco,
to designate Councilmember Jon Dumitru as the Delegate and Councilmember Kathy
Tavoularis as the Alternate Representative to the Southern California Association of
Governments (SCAG) Annual General Assembly scheduled to be held on May 5, 2022.
The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
5. REPORTS FROM COUNCILMEMBERS
5.1. Library/Multi-generational Center at Grijalva Park(Nichols)
This item was continued to the next Regular Council meeting on April 12, 2022.
5.2. Highlight Local Business (Gutierrez& Barrios)
Councilmember Gutierrez highlighted the following local business: The Music Room.
Councilmember Barrios highlighted the Business Helping Business program.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Merging of the Investment Advisory Committee and Audit Committee.
In response to Council's questions, Assistant City Manager/Administrative Services
Director Will Kolbow clarified that the Investment Advisory Committee (IAC) and Audit
Committee are both financial related but provide two different and separate functions.
IAC provides staff with feedback and advice relating to investments and the Audit
Committee focuses on auditing internal processes. The Audit Committee does not
audit the Investment Advisory Committee or participate in mandate audits of City
financials.
Written Public Comment
Jordan Prell, Audit Committee Member, submitted an eComment in support of merging
the two committees.
A motion was made by Councilmember Dumitru, seconded by Mayor Murphy, to merge
the Investment Advisory Committee and Audit Committee into a new committee
entitled the Investment and Audit Committee, and direct staff to prepare the necessary
Resolutions and Ordinances to effectuate this change. The motion carried by the
following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
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7. ADMINISTRATIVE REPORTS
7.1. Agreement for Employment with City Manager Robert J. Houston.
A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to
approve Agreement for Employment with City Manager Robert J. Houston.
The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
Council presented Interim City Manager Tom Hatch. with Proclamation in appreciation of his
service to the City.
7.2. Agreement with the Orange Chamber of Commerce and Visitors Bureau for
production of the Orange May Parade community event.
A motion was made by Councilmember Barrios, seconded by Councilmember Monaco,
to approve the agreement with Orange Chamber of Commerce and Visitors Bureau for
production of Orange May Parade, and authorize the Mayor and City Clerk to execute
on behalf of the City. The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
7.3. Orange Police Department 2021 Crime Report/Overview of Statistics.
Chief of Police Dan Adams provided an overview of the Orange Police Department
2021 crime report and statistics.
A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to
receive and file report. The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Nichols
8. REPORTS FROM CITY MANAGER
None
9. LEGAL AFFAIRS
9.1. 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. Resolution No.
11380.
During discussion, Council requested time to make revisions to the proposed policy.
City Attorney Sheatz asked Council to provide him with any changes before the next
meeting.
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A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to continue the item to March 22, 2022. The motion carried by the following
vote:
Ayes: Barrios, Dumitru, Tavoularis, and Gutierrez
Noes: Monaco, and Murphy
Absent: Nichols
10. PUBLIC HEARINGS
10.1. Accept public comments regarding redistricting and consider staffs request for
a continuance to a date certain to discuss possible adoption of a district map.
Item 10.1 was previously reordered to be heard after Public Comment.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:37 p.m. in Memory of
George Tavoularis to a meeting on Tuesday, March 22, 2022, at 6:00 p.m., with Closed
Session beginning at 5:00 p.m., if necessary.
The next Regular City Council meeting will be held on Tuesday, April 12, 2022, at 6:00
p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
6-1
PAMELA COLEMAN ARK A. MURPH
CITY CLERK MAYOR
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