04/25/2023 - Council MeetingAPPROVED BY THE CITY COUNCIL ON MAY 23, 2023
MINUTES
City of Orange
City Council
April 25, 2023
The City Council of the City of Orange, California convened on April 25, 2023, 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. CALL TO ORDER
Mayor pro tern Barrios called Closed Session to order at 5:00 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Gyllenhammer
Absent: Slater
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, except
Mayor Slater who was absent, to discuss the following:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
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
The following item was not discussed:
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
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b. 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 5:54 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 7:46 p.m. with all Members present, except
Mayor Slater who was absent.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 8:50 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor pro tern Barrios called the meeting to order at 6:04 p.m.
1.1 INVOCATION
Given by Father Cheeyoon Chun from Holy Family Catholic Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember John Gyllenhammer.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Gyllenhammer
Absent: Slater
1.4 PRESENTATIONS/ANNOUNCEMENTS
Mayor pro tem Barrios invited the community to a free Movie in the Park event at
Grijalva Park on Friday, April 28, 2023.
Memorial Adjournment in honor of Master Sergeant Michael Ty Kettenhofen.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
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2. PUBLIC COMMENTS
Public Speakers
Tim Smith commented about the Earth Day celebration held at Santiago Canyon
College.
Karen Kremer spoke in opposition of installing parking meters in the Plaza.
Carole Walters spoke in opposition of installing parking meters in the Plaza.
Bob Birschbach expressed concerns with the lack of parking/traffic enforcement for
violations on street sweeping days, painted curbs, or speeding.
Brandy Romero spoke in opposition of removing design aesthetics from the
administrative citation ordinance and waiving the appeal fee.
Matt Hamilton spoke in opposition of housing development at the Village of Orange.
Carol Chaney spoke in opposition of a zoning change to the Peralta property.
Doug Hamilton spoke in support of updating the General Plan.
Jake Corner spoke in support of creating a citizen based environmental commission.
Johanna Speiser encouraged Council to adopt a climate action plan.
Peggy Calvert announced April 23-29 was National Library Week.
James Kushon thanked staff for opening the dog park on Wednesday nights as a pilot
program.
Written Public Comment
Janice Brownfield emailed about creating an edible park in Orange.
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. Award of contract to La Rocque Better Roofs, Inc. for park facility roof repairs at
three park facility locations: La Veta, Olive, and Santiago Hills Parks and the City
owned concession/restroom building located on city property, adjacent to
Sycamore Elementary School; Bid No. 22-23.30.
ACTION: Approved the contract to La Rocque Better Roofs, Inc. in the amount of
153,546, representing an original bid amount of $127,955, plus a 20 percent
contingency of $25,591 for the Park Facility Roof Repairs project (20507); and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.3. Award of Contract to Kormex Construction, Inc. for installation of an irrigation
booster pump at El Camino Real Park; Bid No. 22-23.28.
ACTION: Awarded the contract to Kormex Construction, Inc. in the amount of $69,000,
for the Irrigation Booster Pump Replacement; and authorized the Mayor and City Clerk
to execute on behalf of the City.
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3.4. Appropriation of $174,564 in Municipal Water District of Orange County Turf
Replacement Rebate.
ACTION: 1) Accepted into the City's revenue budget $174,564 in Turf Replacement
Rebate funds from Municipal Water District of Orange County into revenue account
291.7024.48210.20529 Santiago Hills Landscape Maintenance - Expense
Reimbursements; and 2) Authorized the appropriation of $174,564 into expenditure
account 291.7024.51431.20529 Santiago Hills Landscape Maintenance - Landscape
Maintenance - City Property.
3.5. First Amendment to Agreement No. 6447.4 with the County of Orange for a Lead
Forensic Specialist during Fiscal Year 2023-2024.
ACTION: Approved the First Amendment to Agreement No. 6447.4 with the County of
Orange for a Lead Forensic Specialist in the amount of $191,257; and authorized the
Mayor and the City Clerk to execute on behalf of the City.
3.6. Agreement with AECOM Technical Services for the creation of Objective Design
Standards.
ACTION: 1) Approved the agreement with AECOM Technical Services in the amount
of $118,060 with a contingency amount of $81,940 for the creation of Objective Design
Standards; and authorized the Mayor and the City Clerk to execute on behalf of the
City; and 2) Approved transfer of $200,000 from 550.6011.57670.30143 Other
Professional & Consulting - N Tustin Specific Plan to 550.6011.51670.30212 Other
Professional & Consulting - Objective Design Standards.
3.7. Second Amendment to the Agreement with The HUB OC for on-site services,
referrals, and resources for those experiencing homelessness as part of the 517
W. Struck Project.
ACTION: 1) Approved the Second Amendment to the Agreement with The HUB in the
amount of $705,600 for services in support of the 517 W. Struck Project; and
authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized
the appropriation of $705,600 from the General Fund unreserved fund balance to
expenditure account number 100.0000.51670.30200, General Fund - Other Prof &
Consulting-517 W. Struck Transit.
3.8. First Amendment to Attorney Services Agreement with Everett Dorey LLP to
provide legal services relating to litigation defense in the matter of Carol Leigh
Kneeshaw, et al. v. City of Orange, et al.
ACTION: 1) Approved a First Amendment to Attorney Services Agreement with Everett
Dorey LLP in the amount of $200,000; and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Authorized the appropriation of $200,000 from the
General Fund unreserved fund balance to expenditure account number
740.0301.51600.00000, Self-Insurance - Liability Fund - Legal Services.
3.9. Second Amendment to Attorney Services Agreement with Ring Bender LLP to
include the provision of specialized legal advice and services relative to state
land use and housing laws.
ACTION: 1) Approved a Second Amendment to Attorney Services Agreement with
Ring Bender LLP in the amount of $20,000; and authorized the Mayor and City Clerk to
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execute on behalf of the City; and 2) Authorized the appropriation of $20,000 from the
General Fund unreserved fund balance to expenditure account number
100.0301.51600.00000, General Fund - Legal Services.
3.10. Appropriation of $32,200 in designated grant and donation funding received from
the California Library Association, California State Library, and Friends of the
Orange Public Library.
ACTION: 1) Accepted into the City's budget $32,200 in grant and donation funds from
California Library Association, California State Library, and the Friends of the Orange
Public Library into the following revenue account numbers in the General Fund:
2,200 100.2001.45495.30121 - Lunch at the Library Grant
30,000 100.2001.48390.19990 - Friends of the Library
2) Authorized the appropriation of $32,200 in grant and donation funds into the
following expenditure account numbers in the General Fund:
11,000 100.2001.53301.19990 Library Books
13,500 100.2001.55131.19990 Furniture, Machinery, and Equipment
2,500 100.2004.55131.19990 Furniture, Machinery, and Equipment
3,000 100.2014.53340.19990 Craft Supplies
2,200 100.2016.53340.30121 Lunch at the Library Grant
3.11. Award of Contract to Elecnor Belco Electric, Inc. for Chapman and Hewes
Intersection Signing and Striping Modifications; Bid No. 22-23.36, and finding of
CEQA exemption.
ACTION: Approved contract with Elecnor Belco Electric, Inc. in the total amount of
129,932, representing an original bid amount of $118,120, plus a 10% contingency of
11,812, for Chapman and Hewes Intersection Signing and Striping Modifications; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.12. Approval of plans and specifications for D-179; Chapman Avenue, Main Street,
and Katella Avenue Water Quality Storm Drain Improvement project;
authorization to advertise Bid No. 22-23.42; and finding of CEQA exemption.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain
Improvement project Bid No. 22-23.42; D-179.
3.13. Final Acceptance of Bid No. 21-22.37; SP-4117, Fire Station 2 and 4 Kitchen
Remodel; and authorization to file Notice of Completion.
ACTION: Accepted Bid No. 21-22-37; SP-4117, Fire Station 2 and 4 Kitchen Remodel
as complete; and authorized staff to file Notice of Completion with the County
Recorder.
3.14. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Adam Apollo
2. Raida Castro
3. Steve Defazio
4. Vinh Tien Hua
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3.15. Final Acceptance of Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at
Various Locations Project; and authorization to file Notice of Completion.
ACTION: Accepted Bid No. 21-22.28; SP-4183, Annual Pavement Maintenance at
Various Locations Project as complete; and authorized staff to file Notice of
Completion with the County Recorder.
3.16. Second Reading and adoption of 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.
Ordinance No. 05-23
ACTION:Adopted Ordinance No. 05-23.
3.17. Authorize the increase of purchase order for medical supplies from Life-Assist,
Inc.
ACTION: Approved a $50,000 increase to the purchase order to a not-to-exceed
amount of$305,000 for medical supplies from Life-Assist, Inc.
3.18. Authorize the increase of purchase order for turnout safety gear from Allstar Fire
Equipment.
ACTION: Approved a $64,000 increase to the purchase order for a not-to-exceed total
of$114,000 for turnout safety gear from Allstar Fire Equipment.
3.19. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore
Crossing) Preliminary Engineer's Report for Fiscal Year 2023-2024. Resolution
No. 11450.
ACTION: 1) Adopted Resolution No. 11450. 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 2023-2024; 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 13, 2023, 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 assessment.
3.20. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1
Santiago Hills Overlay) Preliminary Engineer's Report for Fiscal Year 2023-2024.
Resolution No. 11449.
ACTION: 1) Adopted Resolution No. 11449. 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 2023-2024; 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 13, 2023, at 6:00
PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for
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the Public Hearing on the assessments.
3.21. Authorization to apply for a grant under the Orange County Transportation
Authority's Measure M2 Environmental Cleanup Tier 1 Program. Resolution No.
11447.
ACTION: Adopted Resolution No. 11447. A Resolution of the City Council of the City of
Orange authorizing an application for funds for the Environmental Cleanup, Tier 1
Grant Program under Orange County Local Transportation Ordinance No. 3 for the
installation of a Hydrodynamic Separator and Connector Pipe Screens.
3.22. Agreement with County of Orange for the allocation of County of Orange State
and Local Fiscal Recovery Funds (SLFRF) program funding of $225,000 for the
Plaza Park Safety Enhancements and repairs to the Plaza Park historic fountain.
Written Public Comment
Orange County Board of Supervisor Vicente Sarmiento wrote a letter in support of
preserving and repairing the City's historic Plaza Park fountain.
ACTION: 1) Accepted into the City's revenue budget a $225,000 State and Local Fiscal
Recovery Fund (SLFRF) grant from the County of Orange into revenue account
number 500.5032.45150.16302, Capital Projects - Minor Traffic Control Devices; and
2) Authorized the appropriation of $225,000 into the expenditure account
500.5032.56100.16302, Capital Projects - Minor Traffic Control Devices.
3.23. Resolution No. 11451 - A resolution of the City Council of the City of Orange
rescinding Resolution No. 11392 regarding a Level 2 water supply shortage.
ACTION: Adopted Resolution No. 11451- A resolution of the City Council of the City of
Orange rescinding resolution No. 11392 regarding a Level 2 water supply shortage.
Approval of the Consent Calendar
All items were approved as recommended.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gutierrez, to approve the Consent Calendar as recommended. The motion carried by
the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Gyllenhammer
Noes: None
Absent: Slater
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
None
5. REPORTS FROM COUNCILMEMBERS
5.1. Authorization for Citywide Forensic Audit(Barrios)
Mayor pro tern Barrios requested a forensic audit on all of the City's financial systems.
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Public Speaker
John Nelson spoke in support of an audit.
Council was generally in support of an audit, but discussed waiting until the new
Finance Director starts so they can be part of the process.
5.2. Other Councilmember Reports
Councilmember Tavoularis requested an update on the Short Term Rental program
and would like the Council to consider increasing the number of rentals allowed.
Councilmember Gutierrez thanked Mayor pro tern Barrios and Councilmember Dumitru
for their assistance in organizing the clean up of a resident's yard. Councilmember
Dumitru suggested establishing a mechanism that allows community groups to check if
there are any immediate needs their group could assist with.
6. ADMINISTRATIVE REPORTS
6.1. Cooperative Agreement with the City of Anaheim for planning and development
of the OC River Walk Project.
A motion was made by Councilmember Gyllenhammer, seconded by Councilmember
Gutierrez, to approve agreement with the City of Anaheim for the planning and
development of the OC River Walk Project and authorize the City Manager to execute
the Agreement on behalf of the City and to take all actions necessary to implement and
administer the Agreement. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Gyllenhammer
Noes: None
Absent: Slater
7. REPORTS FROM CITY MANAGER
None
Council recessed at 7:33 p.m. and reconvened in Closed Session at 7:46 p.m. with all
Members present, except Mayor Slater who was absent.
Council reconvened in Open Session at 8:50 p.m. with nothing to report out.
8. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:51 p.m. in Memory of
Master Sergeant Michael Ty Kettenhoffen to a meeting on Sunday, May 7, 2023, at
11:30 a.m. in the Council Chamber.
The next Regular City Council meeting will be held on Tuesday, May 9, 2023, at 6:00
p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
PAMELA COLEMAN ARIANNA BARRIOS
CITY CLERK MAYOR PRO TEM
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