04/11/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 9, 2023
MINUTES
City of Orange
City Council
April 11, 2023
The City Council of the City of Orange, California convened on Tuesday, April 11, 2023, at
5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange,
California.
4:30 PM EMPLOYEE RECOGNITION
1. WELCOME
Mayor Slater welcomed everyone to the Employee Service Awards.
2. EMPLOYEE SERVICE AWARDS
Employees were recognized for their years of service to the City and the community.
3. RECESS
The City Council recessed at 4:50 p.m. and convened in Closed Session at 5:00 p.m.
5:00 PM CLOSED SESSION
1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:01 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
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 Councilmember Gyllenhammer who was absent, to discuss the following:
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City Council Minutes April 11,2023
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Item 3a(2) was re-ordered to be heard before Item 3a(1). Mayor pro tern Barrios
recused herself from Item 3a(2) due to a potential conflict with a nearby property
interest and left Closed Session at 5:05 p.m.
2) Pursuant to Government Code Section 54956.8
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010,
039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager
Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Mayor pro tern Barrios returned to Closed Session at 5:35 p.m.
1) Pursuant to Government Code Section 54956.8
Property Location: 2829 N. Glassell, APN 360-241-04
Agency Negotiator:Aaron Schulze, Economic Development Manager
Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
b. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2).
One potential case)
c. 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
d. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management
Association, City of Orange Police Association, City of Orange Police Management
Association
RECESS TO REGULAR MEETING: At 6:10 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 10:10 p.m. with all Members present,
except Councilmember Gyllenhammer who was absent.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 11:59 p.m.
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6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:13 p.m.
1.1 INVOCATION
Given by Pastor Ric Olsen, City of Orange Fire Chaplain.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
1.4 PRESENTATIONS/ANNOUNCEMENTS
OCTA Transportation Services Presentation
City of Hope Orange County Presentation
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers
David Nunez criticized comments made during the City Council discussion of the
sidewalk vendor ordinance at the March 28, 2023, meeting.
Bill Vaughter spoke in opposition of a proposed cemetery near Palmyra Avenue.
Doug Newall inquired about the current water restrictions and asked if/when the
restrictions would be lifted.
Written Comments
Janice Brownfield emailed about the importance of reducing green house gas
emissions.
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. Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 2023.
ACTION: Approved.
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3.2. Approval of minutes of the City of Orange City Council Regular Meetings held on
March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 2023.
ACTION:Approved minutes as presented.
3.3. Approval of Cooperative Agreement MA-080-23010376 to Fund Total Maximum
Daily Load programs and related activities in the Newport Bay Watershed.
ACTION: Approved five-year Cooperative Agreement MA-080-23010376 with the
County of Orange, Orange County Flood Control District, eight watershed cities, the
Irvine Company, and Irvine Ranch Water District, in the amount of $75,000 and
authorized the Mayor and City Clerk execute on behalf of the City.
3.4. Agreement with Alexander's Contract Services for meter reading services.
ACTION: 1) Authorized the transfer of $220,000 from account number
600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000,
Other Professional & Consulting Services; and 2) Approved the service agreement with
Alexander's Contract Services in the amount of $220,000 for meter reading services
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.5. First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis
for VoIP telephone upgrade.
ACTION: Approved the first amendment to agreement with Protel Communications,
Inc. doing business as ProTelesis in the amount of $72,833.35 for VoIP telephone
upgrade; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Cooperative agreement with City of Villa Park for East Cerro Villa Drive
Improvement Project.
ACTION: Approved the cooperative agreement with the City of Villa Park in the amount
of $100,000, representing the estimated cost of construction plus contingency, for the
East Cerro Villa Drive Improvement Project; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7. Second Amendment to Agreement with DMC Document & Microfilm Conversion
for scanning of building and planning documents.
ACTION: 1) Authorized the appropriation of $50,000 from the Building Records
Management Fee unreserved fund balance to expenditure account
110.6001.51670.00000 - Building Records Management Fee - Other Professional and
Consulting Services; and 2) Approved the second amendment to agreement with DMC
Document & Microfilm Conversion for scanning of building and planning documents;
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8. Claims for Damages.
ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Faiza Bounetta
3.9. Claim for Damages from Laurie Cesena (Continued from March 28, 2023).
ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster:
1. Laurie Cesena
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3.10. Award of Contract to South Coast Industrial Door Inc. for Garage Door
Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.
ACTION: Approved contract with South Coast Industrial Door, Inc. in the total amount
of $377,982, representing an original amount of $328,680, plus a 15% contingency of
49,302, for Garage Door Replacement at the Corporation Yard and Fire Stations, and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.11. Award of Contract to R.J. Noble Company for Annual Pavement Maintenance at
Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA
exemption.
ACTION: Approved contract with R.J. Noble Company in the total amount of
5,641,615 for Annual Pavement Maintenance at Various Locations, Fiscal Year
2022-2023; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12. Award of Contract to Ramona, Inc. for the Annual Sewer
Replacement/Maintenance Fiscal Year 2022-2023 Project, Bid No. 22-23.20; and
finding of CEQA exemption.
Entered into the record: Location maps for the proposed locations of Annual Sewer
Replacement/Maintenance work.
ACTION: 1) Authorized the transfer of $400,000 from 220.5011.56340.30166
Cambridge St Infrastructure Improvement to expenditure account number
220.5011.56200.15508, Sewer Line Maintenance/Replacement; and 2) Awarded the
contract to Ramona, Inc. in the amount of $2,487,250, for Annual Sewer
Replacement/Maintenance Fiscal Year 2022-2023 and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.13. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking
of goods and adopting new Chapter 5.54 relating to regulation of sidewalk
vendors. Ordinance No. 03-23
A speaker card was submitted for Item 3.13; therefore, the item was removed from the
Consent Calendar for separate consideration.
Public Speakers:
Doug Newall expressed concerns with enforcement.
Brandy Romero described a program that provides resources to people wanting to
open their own business.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Gutierrez, to adopt Ordinance No. 03-23. The motion carried by the
following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
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3.14. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange adding Chapter 1.10 to the Orange Municipal Code relating to
administrative citations. Ordinance No. 04-23.
Item 3.14 was removed from the Consent Calendar for separate consideration by
Councilmember Dumitru.
Public Speakers
Brandy Romero spoke in support of adoption.
Shirley Grindle expressed concerns with the proposed ordinance applying to the
Campaign Reform ordinance.
Doug Newall spoke in support of adoption.
During discussion, Council requested several amendments to the proposed ordinance
to include:
Added provision regarding financial disclosures.
Added provision regarding enforcement of discretionary design standards.
Added provision regarding qualifications for hearing officer.
Added provision limiting scope of citation authority to codes specific to issuing
staffs job.
Added provision for hardship waiver of fines and appeal fees.
Extension of time within which to pay fine or request appeal.
Clarification that all fees and fines are refunded if citation is dismissed.
The City Council also recommended a reduction in the administrative citation appeal
fee. City Attorney Binning clarified that the appeal fee is adopted by Resolution. City
Attorney Binning also clarified the proposed ordinance would not apply to the
Campaign Reform Ordinance.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez
to adopt Ordinance No. 04-23 as presented.
ACTION: A substitute motion was made by Mayor Slater, seconded by Councilmember
Dumitru, to continue Ordinance No. 04-23 to the May 9, 2023, Regular meeting and
direct staff to make amendments as discussed. The motion carried by the following
vote:
Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: Barrios
Absent: Gyllenhammer
3.15. Authorize sole source purchase and installation of four Opticom GPS Emergency
Vehicle Preemption systems from DDL Traffic, Inc.
ACTION: Approved the sole source purchase and installation of four Opticom GPS
Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to
exceed $44,000.
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3.16. Authorize sole source purchase of four traffic signal controller cabinets from
Econolite Control Products, Inc.
ACTION: Approved the sole source purchase of four traffic signal controller cabinets
from Econolite Control Products, Inc. for an amount not to exceed $84,525.
3.17. Authorize the increase of purchase order for rescue ambulance gurney service
and repair from Stryker Medical.
ACTION: Approve the increase of purchase order for rescue ambulance gurney service
and repair for$15,000 from Stryker Medical.
3.18. Declaring the property located at 692 North Adele Street, former Water Well Site
16, as surplus to the City's needs, and authorizing the disposal of the property.
Resolution No. 11445.
Item 3.18 was removed from the Consent Calendar for separate consideration by
Councilmember Bilodeau and Councilmember Gutierrez.
Mayor pro tern Barrios left the dais at 7:36 p.m. and returned at 7:43 p.m.
Public Speaker
Shirley Grindle spoke in opposition of adopting proposed Resolution No. 11445.
ACTION: A motion was made by Councilmember Bilodeau, seconded by
Councilmember Gutierrez, to table the item for further evaluation. The motion carried
by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Barrios, and Gyllenhammer
3.19. Designation of April 28, 2023, as Arbor Day. Resolution No. 11446.
ACTION: Adopted Resolution No. 11446. A Resolution of the City Council of the City
of Orange designating April 28, 2023, as Arbor Day.
Approval of the Consent Calendar
Item Nos. 3.13, 3.14, and 3.18 were removed for separate discussion. All other items
were approved as recommended.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
to approve the Consent Calendar. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
Mayor Slater reported he is in the process of interviewing applicants for the one
remaining vacancy on the Library Board of Trustees.
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5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Mattern's Sausage
and Deli.
6. ADMINISTRATIVE REPORTS
6.1. Old Towne Parking Study Findings and Recommendations.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to receive and file report. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez,Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
6.2. Parameters for Naming the Pocket Park at Well 28.
Direction was provided to staff.
6.3. A Resolution delegating authority to the City Manager to make technical changes
and other non-substantive edits to the 2021-2029 Housing Element that may
result from the California Department of Housing and Community Development
review, in a form approved by the City Attorney, for final certification of the
Housing Element, without further City Council consideration or re-adoption of
the 2021-2029 Housing Element.
City Attorney Binning provided the staff report and reviewed the process for adopting
the City's Housing Element. She indicated that HCD had suggested adopting a
resolution allowing for non-substantive changes.
Public Speakers
Elizabeth Hansburg spoke in opposition of adopting proposed Resolution No. 11448.
Daniel Gehman spoke in opposition of adopting proposed Resolution No. 11448.
Written Comments
Keith Diggs emailed in opposition of adopting proposed Resolution No. 11448.
Matthew Gelfand emailed in opposition of adopting proposed Resolution No. 11448.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Bilodeau, to adopt Resolution No. 11448. A Resolution of the City Council of the City of
Orange granting the City Manager the authority to make specified changes to the
2021-2029 adopted Housing Element. The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: Barrios
Absent: Gyllenhammer
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7. REPORTS FROM CITY MANAGER
None
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of Ordinance No. 05-23 authorizing updates to the
informal bid limits set forth in the Orange Municipal Code.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios,
to introduce and conduct First Reading of Ordinance No. 05-23. An Ordinance of the
City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal
Code to update Uniform Public Construction Cost Accounting Act references to
conform to current law. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
RECESS: The City Council recessed at 8:53 p.m. and reconvened at 9:07 p.m. with all
Members present, except Councilmember Gyllenhammer who was absent.
9. PUBLIC HEARINGS
9.1. Public Hearing to consider Appeal No. 0562-23, Street Lights Mixed-Use
Apartment Development, 840 The City Drive South, including adoption of
Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation
Monitoring and Reporting Program.
Mayor Slater opened the Public Hearing at 9:16 p.m.
Public Speakers
Adam Frankel, appellant.
Scott Levi, applicant.
Written Comments
Jason A. Cohen, Southwest Regional Council of Carpenters, emailed in support of
approving the appeal and denying the project.
Mayor Slater closed the Public Hearing at 10:08 p.m.
A motion was made by Councilmember Bilodeau, seconded by Councilmember
Dumitru, to deny Appeal 0562-23. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
Staff will return with a Resolution reflecting the action taken.
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Council recessed at 10:10 p.m. and reconvened in Closed Session at 10:15 p.m. with all
Members present, except Councilmember Gyllenhammer who was absent.
Council reconvened in Open Session at 11:59 p.m. with nothing to report out.
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:59 p.m. to a
meeting on Tuesday, April 18, 2023 at 4:30 p.m. in the Council Chamber.
The next Regular City Council meeting will be held on Tuesday, April 25, 2023, at 6:00
p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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