HomeMy WebLinkAbout05-10-2022 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 14, 2022
MINUTES
City of Orange
City Council
May 10, 2022
The City Council of the City of Orange, California convened on May 10, 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: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Absent: Monaco, and Gutierrez
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present,
except Councilmember Monaco and Councilmember Gutierrez who were absent, to
discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1)
Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.
Title: City Attorney
c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6.
City Negotiator: Rob Houston, City Manager
Employee Organization: Top Management
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 6:05 p.m.
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City Council Minutes May 10,2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:11 p.m.
1.1 INVOCATION
Given by Pastor Eric Turbedsky from Sovereign Grace Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor pro tern Kimberlee Nichols.
1.3 ROLL CALL
Present: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Absent: Monaco, and Gutierrez
1.4 PRESENTATIONS/ANNOUNCEMENTS
Mayor Murphy invited the community to the Stop Drowning Now Water Safety event
taking place on May 21, 2022, at Hart Park Pool.
Mayor Murphy announced a request was received to continue Item 7.2 to the June 14, 2022,
Regular City Council meeting when a full Council could be present.
7.2. Request for permit parking on a portion of Collins Avenue, and on sections of
Palm Avenue and Park Lane. Resolution No. 11385.
Written Public Comment
Gabriel Farrand submitted an eComment opposing the reduced permit parking area on
Palm Avenue and Park Lane.
A motion was made by Mayor pro tern Nichols, seconded by Councilmember Barrios,
to continue Item 7.2 to the next regularly scheduled City Council meeting on June 14,
2022. The motion carried by the following vote:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Noes: None
Absent: Monaco, and Gutierrez
2. PUBLIC COMMENTS
Public Speakers
The following spoke in support of a skate park at Grijalva Sports Center: Marc Conner,
Brian Abbott, Erin Walstead, Nam Nguyen, and James Virgilio.
The following spoke in opposition of a proposed cemetery near Palmyra Avenue: Greg
Baker, Silvia San Nicolas, Alan Kinkaid, and Caren Wolf.
Jonathan Zimmerman expressed concerns with the homeless issue in the City.
Dru Whitefeather spoke about the Sully Miller site.
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City Council Minutes May 10,2022
Cindy Pace indicated she enjoyed the May Parade and requested an update on the
Paseo. (She was directed to contact staff for an update on the Paseo.)
Carole Walters commented on the success of the May Parade.
Kim Plehn spoke about the Sully Miller site.
Kimberly Bottomley spoke about a mural beautification project at El Camino Real Park.
Written Public Comments
Mark Moore emailed about the Sully Miller site.
Janice Brownfield emailed encouraging the City to pursue community choice energy.
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 April 8, 14, 22, and 28, 2022.
ACTION: Approved.
3.3. Approval of meeting minutes of the City Council of the City of Orange for the
April 12, 2022, Regular Meeting; and April 26, 2022,Adjourned Regular Meeting.
ACTION: Approved minutes as presented.
3.4. Reappointment of Library Board of Trustee member Rebecca Martinez to a third
three-year term ending June 30, 2025.
ACTION: Reappointed Library Board of Trustee member Rebecca Martinez to a
three-year term ending June 30, 2025.
3.5. Third Amendment to Agreement with West Coast Arborists, Inc. for tree
maintenance services in parks, City facilities, assessment districts, medians, and
rights of ways.
ACTION: Approved the Third Amendment with West Coast Arborists, Inc. for a period
of one-year in an amount not to exceed $398,589.13 for tree maintenance services for
parks, City facilities, assessment districts, medians and rights of ways; and authorized
the Mayor and City Clerk to execute on behalf of the City.
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3.6. Agreement with GovOS, Inc.for SeamlessDocs forms management services.
ACTION: Approved the agreement with GovOS, Inc. in the total amount of $61,154.38
for forms management services and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.7. First Amendment to the Agreement with Terry's Testing, Inc. for required repair
and replacement of failing backflow devices.
ACTION: Approved the First Amendment with Terry's Testing, Inc. in an amount of
14,190 to make necessary repairs to multiple backflow devices throughout the City,
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8. Agreement with California Forensic Phlebotomy, Inc. for evidence collection
services through June 30, 2024.
ACTION: Approved the two-year agreement with California Forensic Phlebotomy, Inc.
in the annual amount of $80,000 for evidence collection services, and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.9. Fourth Amendment to the Agreement with Lyons Security Services, Inc. for
additional security services.
ACTION: 1) Approved the amendment with Lyons Security Services, Inc. in the amount
of $253,352.06 for security services, and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Authorized the appropriation of $157,871.58 from
the General Fund unreserved fund balance to expenditure account number
100.0000.51670.30200, General Fund - 517 W. Struck Transition
3.10. Agreement with Prado Family Shooting Range for range services through June
30, 2024.
ACTION: Approved the two-year agreement with Prado Family Shooting Range in the
amount of $17,000 annually for range services, and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.11. Agreement with Bureau Veritas North America, Inc. for plan review services for
Fiscal Year 2022-2023.
ACTION: Approved the agreement with Bureau Veritas North America, Inc. in an
amount of $50,000 for plan review services, and authorized the Mayor and the City
Clerk to execute on behalf of the City.
3.12. Agreement with Code Consulting Group, LLC for plan review services for Fiscal
Year 2022-2023.
ACTION: Approved the agreement with Code Consulting Group, LLC, in an amount of
40,000 for plan review services, and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.13. Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal
Year 2022-2023.
ACTION: Approved agreement with The Jungle Nursery, Inc., in an amount of $96,250
for weed abatement services; and authorized the Mayor and City Clerk to execute on
behalf of the City.
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3.14. Appropriation of $194,618 in SB 1383 Local Assistance Grant Program Fiscal
Year 2021-22 and approval of agreement with Tripepi Smith &Associates, Inc.
Item 3.14 was removed from the Consent Calendar for separate consideration by
Mayor pro tern Nichols.
Public Works Director Christopher Cash explained the impacts of SB 1383 on organic
material and food waste as an effort to reduce methane gas. SB 1383 is a complex
piece of legislation and the City intends to use this funding to help those affected by
providing assistance with navigating solid waste changes and enhancing the existing
outreach to businesses, residents, and visitors.
ACTION: A motion was made by Mayor pro tern Nichols, seconded by Mayor Murphy,
to 1) Accept into the City's revenue budget $194,618 in grant funds from the California
Department of Resources Recycling and Recovery, into revenue account number
100.5001.48486.30201, General Fund - SB 1383 Local Assistance Grant Program
Fiscal Year 2021-22; 2) Authorize the appropriation of $194,618 to expenditure
account number 100.5001.51670.30201, General Fund - SB 1383 Local Assistance
Grant Program FY22; and 3) Approve agreement with Tripepi Smith & Associates, Inc.
in the amount of $90,000 for professional services; and authorize the Mayor and City
Clerk to execute on behalf of the City. The motion carried by the following vote:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Noes: None
Absent: Monaco, and Gutierrez
3.15. Appropriation of $23,658 in designated continuing education funding received
from the Rancho Santiago Community College District.
ACTION: 1) Accepted into the City's revenue budget $23,658 in continuing education
funds from Rancho Santiago Community College District into revenue account number
100.3023.48210.20234, General Fund - Santa Ana College Fire Training; and 2)
Authorized the appropriation of $23,658 into expenditure account number
100.3023.51840.20234, General Fund - Santa Ana College Fire Training.
3.16. Appropriation of $198,310.43 in State of California Office of Emergency Services
funding received.
Note: Councilmember Dumitru abstained due to a potential conflict with employment.
ACTION: 1) Accepted into the City's revenue budget $198,310.43 in strike team
reimbursement funds from the California Office of Emergency Services (Cal-OES), into
the following revenue account number: 100.3024.48212.40283 - Reimbursement from.
Cal EMA; 2) Authorized the appropriation of $195,902.80 into the following expenditure
account number: 100.3024.50221.40283 - Overtime-Safety; and 3) Authorized the
appropriation of $2,407.63 into the following expenditure account number:
100.3024.53860.40283-Strike Team Expenditures.
3.17. Appropriation of $40,460 in revenue from community partnership donations and
user group maintenance fees.
ACTION: 1) Accepted into the City's revenue budget $40,460 in community partnership
donations and user group maintenance fees into the following accounts:
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City Council Minutes May 10,2022
a. $40,000 100.7015.48390.30197 Donations-2022 Special Events Season
b. $ 460 100.7022.42480.00000 User Group Maintenance Fees
2) Authorized the appropriation of $40,000 to expenditure account number
100.1015.51355.30197, General Fund - Special Events-2022 Season.
3) Authorized the appropriation of $460 to expenditure account number
100.7022.51424.00000, General Fund - User Group Maintenance.
3.18. Approval of plans and specifications and authorization to advertise for bids for
Steel Streetlight Pole Replacement, Fiscal Year 2021-2022.
ACTION: Approved plans and specifications and authorized advertising for bids; Bid
No. 21-22.36, SP-4196.
3.19. Approval of plans and specifications for Replacement of the Emergency
Generator and Automatic Transfer Switch at the Water Division Headquarters
W-718), and authorization to advertise for bids.
ACTION: Approved the plans and specifications, and authorized advertising for bids;
Bid No. 22-23.01.
3.20. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Dalante Bell
2. Esther Castillo
3. Ricardo V. Lopez
4. Enrique Valadez-Ortiz
3.21. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the
Investment Oversight Committee due to the creation of the Investment and Audit
Committee. Ordinance No. 02-22.
ACTION: Adopted Ordinance No. 02-22.
3.22. Authorize rental services for core service facilities with United Rentals (North
America), Inc. for the 517 W. Struck Transition Plan.
ACTION: Approved purchase order of $360,000 with United Rentals (North America),
Inc. for core service facility rentals using the Sourcewell Cooperative Purchasing
Agreement number 062320-URI.
3.23. Authorize purchase of Winchester Law Enforcement Ammunition from Dooley
Enterprises, Inc. as a sole source vendor.
ACTION: Approved the sole source purchase of ammunition from Dooley Enterprises,
Inc. for$88,000.
3.24. Authorize purchase of ballistic vests and helmets from U.S.Armor Corporation.
ACTION: Approved the purchase of ballistic vests and helmets from U.S. Armor
Corporation for$40,000.
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3.25. Authorize the purchase of IT professional services, annual support, and products
from Sidepath, Inc.
ACTION: Approved the purchase of IT professional services, annual support, and
products from Sidepath, Inc. in the amount of$56,000.
3.26. Monthly Treasurer's Reports for January, February, and March 2022.
ACTION: Received and filed.
3.27. Approval of the Fiscal Year 2022-2023 Pavement Management Program list of
arterial streets to be funded by SB 1 (The Road Repair and Accountability Act)
and appropriating Road Maintenance and Rehabilitation Account funding.
Resolution No. 11389.
ACTION: Approved Resolution No. 11389. A Resolution of the City Council of the City
of Orange approving the Fiscal Year 2022-2023 Pavement Management Program
budget to incorporate a list of nine arterial streets to be funded by SB 1 (The Road
Repair and Accountability Act) and appropriate Road Maintenance and Rehabilitation
Account RMRA)funding.
3.28. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1
Santiago Hills Overlay) Preliminary Engineer's Report for Fiscal Year 2022-2023.
Resolution No. 11390.
Note: Mayor pro tern Nichols abstained due to a potential conflict with employment.
ACTION: 1) Adopted Resolution No. 11390. A Resolution of the City Council of the City
of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago
Hills), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual
levy and collection of assessments for Fiscal Year 2022-2023; setting a time and place
for a public hearing to receive public testimony on the foregoing matters; and giving
preliminary approval of the certified Engineer's Report for Landscape Maintenance
Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
2) Declared the intent to levy an annual assessment, and set June 14, 2022, at 6:00
PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for
the Public Hearing on the assessments.
3.29. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore
Crossing) Preliminary Engineer's Report for Fiscal Year 2022-2023. Resolution
No. 11391.
ACTION: 1) Adopted Resolution No. 11391. A Resolution of the City Council of the City
of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore
Crossing) declaring its intention to provide for an annual levy and collection of
assessments for Fiscal Year 2022-2023; setting a time and place for a public hearing
to receive public testimony on the foregoing matters, and giving preliminary approval of
the certified Engineer's Report for Landscape Maintenance Assessment District 94-1
Sycamore Crossing).
2) Declared the intent to levy an annual assessment, and set June 14, 2022, at 6:00
PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for
the Public Hearing on the assessments.
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3.30. Declaration of a Level 2 Water Supply Shortage. Resolution No. 11392.
ACTION: Adopted Resolution No. 11392. A Resolution of the City Council of the City of
Orange declaring a Level 2 Water Supply Shortage.
Approval of the Consent Calendar
Item 3.14 was removed from the Consent Calendar and heard separately.
Councilmember Dumitru abstained on Item 3.16. Mayor pro tern Nichols abstained on
Item 3.28. All other items were approved as recommended.
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Dumitru,
to approve the Consent Calendar as recommended. The motion carried by the
following vote:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Noes: None
Absent: Monaco, and Gutierrez
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
None
5. REPORTS FROM COUNCILMEMBERS
5. 1. Resolution to support a temporary suspension of state gas tax. (Tavoularis)
A motion was made by Councilmember Tavoularis, seconded by Mayor pro tern
Nichols, to adopt Resolution No. 11393. A Resolution of the City Council of the City of
Orange Requesting that the Governor Authorize a Temporary, Six-Month Suspension
of the State Gas Tax. The motion carried by the following vote:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Noes: None
Absent: Monaco, and Gutierrez
5.2. Highlight Local Business (Barrios)
Councilmember Barrios highlighted the following local business: F&B Rentals.
Councilmember Dumitru reported that he attended the Southern California Association
of Government's annual meeting.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
None
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7. ADMINISTRATIVE REPORTS
7.1. Consideration of a preliminary award of $780,000 of HOME Investment
Partnership funds to Katella Terrace, L.P. for the Katella Terrace senior
affordable housing project as part of the FY2022-2023 Action Plan.
A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios,
to:
1) Approve the allocation of HOME funds to the Katella Terrace senior affordable
housing in the FY2022-2023 Action Plan;
2) Authorize the following transfers to 317.9660.56571.20512 Rehab/Dev
Loans-Katella Terrace Senior Housing:
a. Transfer $162,014.04 from 317.9660.51771.11110, Block Grant General
Administration
b. Transfer $442,968.70 from 317.9660.56510.11210, HOME CHDO Allocation
374,400.70 in FY2021-2022 and $68,568 in FY2022-2023 )
c. Transfer$175,017.26 from 317.9660.56510.11250, HOME Developer Projects;
3) Authorize the City Manager to execute the attached preliminary award letter of
780,000 in HOME Investment Partnership funds for the Katella Terrace senior
affordable housing project and all Department of Housing and Urban Development
HUD) documents related to this commitment.
The motion carried by the following vote:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, and Murphy
Noes: None
Absent: Monaco, and Gutierrez
7.2. Request for permit parking on a portion of Collins Avenue, and on sections of
Palm Avenue and Park Lane. Resolution No. 11385.
Item 7.2 was previously continued to June 14, 2022.
7.3. FY 23 Budget Preparation Update.
City Manager Houston introduced the item, and Assistant City Manager Will Kolbow
provided a staff report utilizing a PowerPoint presentation. He reviewed crime statistics,
current and past staffing levels for the Orange Police Department, and cost of adding
two additional police officers. During discussion, Council directed staff to prepare the
budget with an additional two sworn Police Officer positions increasing the number of
new positions from three to five.
City Manager Houston discussed scheduling a City Council strategic planning session
later in the summer and creating a five-year forecast for all City departments. Council
inquired about conducting a community needs assessment as part of the strategic
planning process.
The proposed FY 23 Budget will be presented to City Council at the June 14, 2022,
meeting for adoption.
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8. REPORTS FROM CITY MANAGER
None
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 03-22 adopting a policy for the
acquisition and use of military equipment by the Orange Police Department.
A motion was made by Mayor pro tern Nichols, seconded by Mayor Murphy, to:
1) Introduce and conduct First Reading of Ordinance No. 03-22. An Ordinance of the
City Council of the City of Orange Adopting a Policy for the Acquisition and Use of
Military Equipment by the Orange Police Department. 2) Set the Second Reading and
adoption for June 14, 2022.
The motion carried by the following vote:
Ayes: Nichols, Barrios, Dumitru, and Murphy
Noes: Tavoularis
Absent: Monaco, and Gutierrez
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:42 p.m.
The next Regular City Council meeting will be held on Tuesday, June 14, 2022, at 6:00
p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
O. 017PAMELACOLEMANMARKA. MURPHY
CITY CLERK MAYOR
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