HomeMy WebLinkAbout09-13-2022 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 11, 2022
MINUTES
City of Orange
City Council
September 13, 2022
The City Council of the City of Orange, California convened on September 13, 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, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: None
Councilmember Tavoularis joined Closed Session at 5:05 p.m.
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:01 p.m. with all Members present,
except Councilmember Tavoularis who joined Closed Session at 5:05 p.m. to discuss
the following:
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
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 Manager
RECESS TO REGULAR MEETING: At 6:05 p.m. the City Council recessed from Closed
Session to a Regular Meeting in the Council Chamber.
The City Council reconvened in Closed Session at 9:45 p.m. with all Members present.
4. CLOSED SESSION REPORT
None
Page 1 of 9
City Council Minutes September 13,2022
5. ADJOURNMENT
Closed Session was adjourned at 10:40 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:13 p.m.
1.1 INVOCATION
Given by Pastor Kevin Zimmerman from Friends Church Orange.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation Recognizing Hunger Action Month.
Orange International Street Fair Presentation - Senior Assistant to City Manager Aaron
Schulze provided a brief summary and overview of the 2022 Street Fair.
Fire Paramedic Membership. Program Presentation/Station 1 Grand Opening - EMS
Manager Bryan Johnson provided a brief presentation about the Fire Paramedic
Membership program and announced the public is invited to a grand opening
celebration of Fire Station 1 on October 6 at 2:00 p.m.
Councilmember Monaco announced the annual Creek Clean-up Day will take place
Saturday, September 17.
Mayor Murphy announced that the November 8, 2022, Regular City Council meeting is
cancelled and a meeting will be scheduled on Tuesday, November 15, 2022.
2. PUBLIC COMMENTS
Public Speakers:
The following spoke in opposition of a proposed cemetery near Palmyra Avenue:
Sharon Galasso, Arnie Kimeldorf, Caren Wolf, Sunny, and Alan Kinkaid.
Bernie Galasso discussed Council decorum.
Carole Walters praised the 9/11 event in Orange.
Barbara Sanchez expressed concerns with speeding traffic on Cambridge and Taft.
Pat Buttress thanked Water Division staff for their assistance on a personal water
matter and invited the Council to the Orange Rotary RibFest event on October 16 at
Chapman Crafted Beer.
Rebecca Martinez, Library Board of Trustees Member, invited Council and the
community to the Comic Convention at the Orange Public Library on September 17.
Page 2 of 9
City Council Minutes September 13,2022
Adrienne Gladson discussed concerns with open space.
Joann K. discussed medical grievances.
Written Public Comment
Janice Brownfield emailed in support of creating an Environmental and Sustainability
Committee.
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 July 29, August 2, 4, 12, 18, and 26, 2022.
ACTION: Approved.
3.3. Approval of minutes of the Regular meeting of the City of Orange City Council
held on August, 9, 2022.
ACTION: Approved minutes as presented.
3.4. Second Amendment to Attorney Services Agreement with Everett Dorey LLP to
provide legal services, including representation and defense of the City, relative
to the termination of the License Agreement with Mary's Kitchen.
A speaker card was submitted for Item 3.4; therefore, the item was removed from the
Consent Calendar for separate consideration.
Public Speaker:
Brian Brinkerhoff spoke in opposition of approval.
ACTION: A motion was made by Councilmember Monaco, seconded by Mayor
Murphy, to: 1) Authorize the appropriation of $50,000 from the General Fund
unreserved fund balance to expenditure account number 100.0301.51600.00000,
General Fund - Legal Services; and 2) Approve the Second Amendment to Attorney
Services Agreement with Everett Dorey LLP in the amount of $50,000; and authorize
the Mayor and City Clerk to execute on behalf of the City. The motion carried by the
following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
3.5. Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security
Initiative grant.
Note: Councilmember Barrios abstained due to a potential conflict with employment.
Page 3 of 9
City Council Minutes September 13,2022
ACTION: Approved the agreement with the City of Santa Ana for Fiscal Year
2020-2021 Urban Areas Security Initiative grant and authorized the City Manager to
execute on behalf of the City.
3.6. Agreement with the State of California Office of Traffic Safety for the Selective
Traffic Enforcement Program for Federal Fiscal Year 2022-2023.
ACTION: 1) Approved grant agreement no. PT23135 with the State of California Office
of Traffic Safety in the amount of $300,000 for the Selective Traffic Enforcement
Program grant and authorized the City Manager to execute on behalf of the City; 2)
Accepted into the City's revenue budget a $300,000 grant from the California Office of
Traffic Safety into revenue account number 100.4041.45290.30209, General Fund -
OTS STEP Grant FY23; and 3) Authorized the appropriation of $300,000 into the
following Traffic Program expenditure accounts: $257,356 100.4041.50221.30209,
Overtime - Safety OTS Grant 22-23; $23,937 100.4041.50222.30209, Overtime -
Miscellaneous OTS Grant 22-23; $661 100.4041.51840.30209, Local Training OTS
Grant 22-23; $18,046 100.4041.55131.30209, Equipment OTS Grant 22-23.
3.7. First Amendment to Agreement with Transportation Studies, Incorporated for
On-Call Traffic Data Collection Services.
ACTION: Approved the Amendment to Agreement with Transportation Studies,
Incorporated for On-Call Traffic Data Collection Services; and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.8. Agreement with Fortel Traffic, Inc. for As-needed Procurement, Installation, and
Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.
ACTION: Approved the agreement with Fortel Traffic, Inc. in the amount not-to-exceed
100,000 for As-needed Procurement, Installation, and Maintenance of Speed Radar
Feedback Signs and Related Electrical Devices; and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.9. Agreement with Triad Consulting & System Design Group, L.L.C. for security
consulting services.
ACTION: 1) Authorized the appropriation of $25,000 from the Capital Bond Proceeds
unreserved fund balance to expenditure account number 553.1601.56033.20347,
Capital Bond Proceeds - Enterprise Access System; and 2) Approved the agreement
with Triad Consulting & System Design Group, L.L.C. in the amount of $25,000 for
security consulting services, and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.10. Appropriation of $80,000 from the California Energy Commission to be used for
upgrading existing automated permit processing program.
ACTION: 1) Accepted into the City's revenue budget $80,000 in CaIAPP funds from the
California Energy Commission into revenue account 550.5013.45290.30208,
Reimbursable Capital Projects - CalAPP; and 2) Authorized the appropriation of
80,000 in the following expenditure account number 550.5013.56572.30208,
Reimbursable Capital Projects - CaIAPP.
3.11. Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year
2022-2023; Bid No. 22-23.04.
Page 4 of 9
City Council Minutes September 13,2022
ACTION: Rejected all bids received and authorized the re-advertisement of this project
with new Bid No. 22-23.09.
3.12. Approval of plans and specifications for Plaza Park Safety Enhancement Project;
and authorization to advertise for bids.
ACTION: Approved plans and specifications and authorized advertising for Bid No.
22-23.13 (SP-4230).
3.13. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Rowena Tobias
2. Jennifer Vaughn
3. Courtnie Minchaca
4. D'anel Winsor
5. Yvonne Lewis
6. Daniel Kanu
7. Dina Marysol Cruz De Leon
3.14. Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and
authorization to file Notice of Completion.
ACTION: Accepted Fire Station No. 1 and Headquarters (SP-4071) as complete, and
authorized staff to file Notice of Completion with the County Recorder.
3.15. Authorize purchase of twenty-nine vehicles and equipment for various
departments using a Cooperative Purchasing Agreement.
Item 3.15 was removed from the Consent Calendar for separate consideration by
Councilmember Dumitru.
Councilmember Dumitru indicated that Bomberos Queretaro (Sister City Queretaro,
Mexico's Fire Department) has requested to be considered as a donation recipient of
any outdated equipment. In response to Council's questions, Public Works Director
Chris Cash explained that staff will be requesting authorization to purchase new
hydraulic lifts for the City's fleet mechanics at next month's Council meeting and will
seek approval of a donation of hydraulic lifts to Sister City Queretaro, Mexico at the
same time.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Monaco, to: 1) Approve the purchase of one Pierce Tiller Arrow XT
Fire Engine from South Coast Fire Equipment for $1,037,766; 2) Authorize the
replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico;
3) Approve the purchase of one Ambulance from Red Sky for $444,772; 4) Approve
the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine
Ford F-150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits
from the National Auto Fleet Group for a total of $972,122; 5) Approve the purchase of
two backhoes and two trailers from Caterpillar for a total of $435,591; and 6) Approve
the purchase of safety equipment and supplies needed to equip the Fire Apparatus
Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a
total of$553,471. The motion carried by the following vote:
Page 5 of 9
City Council Minutes September 13,2022
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
3.16. Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole
source vendor.
ACTION: Approved the purchase of two Power Pro 2 gurneys from Stryker Medical for
53,458.98.
3.17. Conflict of Interest Code 2022 Local Agency Biennial Notice.
ACTION: 1) Received and filed the 2022 Local Agency Biennial Notice as submitted; 2)
Determined that amendments to the City's Conflict of Interest Code are required to
include new positions, revise titles of existing positions and delete titles of positions
that have been abolished; and 3) Directed staff to prepare a resolution amending the
code for City Council approval within 90 days.
Approval of the Consent Calendar
Items 3.4 and 3.15 were removed from the Consent Calendar and heard separately.
Councilmember Barrios abstained from Item 3.5. All other items were approved as
recommended.
A motion was made by Councilmember Monaco, seconded by Mayor pro tern Nichols,
to approve the Consent Calendar as recommended. The motion carried by the
following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
None
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru
With Council concurrence, Councilmember Dumitru requested staff begin addressing
aggressive panhandlers near freeways, street vendors, and encampments within 500
feet of schools or playgrounds and around electric boxes by amending Title 10 and
Title 12 of the Orange Municipal Code.
Councilmember Dumitru provided a brief report about his visit to Sister City Queretaro,
Mexico. The trip was not a City paid trip.
Councilmember Gutierrez
Councilmember Gutierrez highlighted the following local business: Taco Mesa.
Councilmember Gutierrez requested a proclamation recognizing National Hispanic
Heritage Month (September 15-October 15).
Page 6 of 9
City Council Minutes September 13,2022
Councilmember Monaco
Councilmember Monaco reported that he attended the League of California Cities
Annual Conference as the City's voting delegate (not a City paid trip). He distributed a
League of California Cities resolution supporting a ballot measure to strengthen local
planning authority; and requested, with Council concurrence, that a City resolution
supporting the same be added to the October 11 agenda for consideration of approval.
Councilmember Tavoularis
Councilmember Tavoularis announced a North Tustin Street Re-visioning community
meeting taking place on September 28, 2022, at 5:30 p.m. in the Council Chamber.
Future meetings will be held on October 26, 2022, and January 26, 2023.
Councilmember Barrios
Councilmember Barrios highlighted the following local business: Smoqued BBQ.
6. ADMINISTRATIVE REPORTS
6.1. Grijalva Park Master Plan Update.
Community Services Director Leslie Hardy provided an update on the Grijalva Park
Master Plan. She invited representatives from the Senior Center, Library Foundation,
Contenders Boardshop, and GOCAT to provide an update on their respective
sponsored activities.
Group Updates:
Richard Alarcon provided an update on the Mutli-generational Center.
Steve Freeman, Library Foundation, provided an update on the library.
Marc Conner, Contenders Boardshop, provided an update on the Skate Park.
Michael Short, GOCAT, provided an update on the Community Arts Theater.
Public Speakers:
The following spoke in support of the Skate Park: Brian Abbott, Jim Gray, Chantelle,
Chuck Walstead, and Brian Brinkerhoff.
Written Public Comment
Robb Gallegos submitted an eComment in support of adding tennis and pickleball
courts at Grijalva Park.
During discussion, Council requested a summary of environmental requirements,
design, and cost for all proposed projects before developing an action plan.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Monaco, to receive and file. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
Page 7 of 9
City Council Minutes September 13,2022
RECESS: The City Council recessed at 8:54 p.m. and reconvened at 9:06 p.m. with all
Members present.
6.2. Sully Miller Site Update.
Assistant City Manager/Interim Community Development Director Susan Galvan
provided a staff report identifying potential options for recreational use on the Sully
Miller site.
Public Speakers:
Dru Whitefeather spoke in opposition of purchasing property.
Laura Thomas spoke in opposition of purchasing property.
David Hillman spoke in opposition of purchasing property.
During discussion, Council indicated they did not support issuing bonds to acquire the
property. In addition, the current property owner should be held accountable for clean
up of the site. Staff confirmed the LEA has final approval and oversight of the property
clean up.
A motion was made by Mayor pro tern Nichols, seconded by Mayor Murphy, to receive
and file. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
7. REPORTS FROM CITY MANAGER
None
8. PUBLIC HEARINGS
8.1. Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual
Action Plan to allocate HOME Investment Partnership funds to the Villa St.
Joseph Affordable Housing project and approval of the preliminary award letter
of HOME Investment Partnership funds for the State of California Low Income
Housing Tax Credits application.
Note: Staff is requesting that the City Council continue this item to the October
11, 2022, Regular City Council meeting.
This Public Hearing was continued to the Regular City Council meeting on October 11,
2022. The item was not discussed and no action was taken.
Council recessed at 9:37 p.m. and reconvened in Closed Session at 9:45 p.m. with all
Members present.
Council reconvened in Open Session at 10:40 p.m. with all Members present.
Page 8 of 9
City Council Minutes September 13,2022
9. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 p.m. to a
meeting on Tuesday, September 27, 2022, at 5:00 p.m. in the Council Chamber for
Closed Session.
The next Regular City Council meeting will be held on Tuesday, October 11, 2022, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
fi 71\
PAMELA COLEMAN ARK A. MURPHY
CITY CLERK MAYOR
Page 9 of 9