06/13/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 27, 2023
MINUTES
City of Orange
City Council
June 13, 2023
The City Council of the City of Orange, California convened on Tuesday, June 13, 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 Slater called Closed Session to order at 5:01 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Absent: Bilodeau
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 Bilodeau who was absent, to discuss the following:
a.CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organization: Top Management, Orange Fire Management Association
Orange Fire Management Association was not discussed.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 5:57 p.m.
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City Council Minutes June 13,2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:06 p.m.
1.1 INVOCATION
Given by Pastor Pete Shambrook, Orange Police Department Chaplain.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Absent: Bilodeau
1.4 PRESENTATIONS/ANNOUNCEMENTS
Mayor Slater announced the Concerts in the Park series would be held every
Wednesday, 6:30 - 8:00 p.m., June 14 through August 9 at various locations. He
encouraged residents to visit the City website for a complete listing of the concert line
up and park locations.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers
Sammy Rodriguez expressed concerns with the CDBG mapping process.
John Nelson asked about the disbursement of the street sweeping enterprise funds.
Michele Schroeder spoke about 'climate change and encouraged Council to implement
a Climate Action Plan.
Written Public Comments
Janice Brownfield emailed in support of park and street improvements.
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.
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3.2. Confirmation of warrant registers dated May 4, 11, 18, and 25, 2023.
ACTION: Approved as presented.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on
May 23, 2023.
ACTION: Approved minutes as presented.
3.4. Agreement with NexTech Systems, Inc. for as-needed sole source procurement
and technical support of Carmanah Technologies Corporation rectangular
rapid-flashing beacons and related electrical devices.
ACTION: Approved the agreement with NexTech Systems, Inc. in the amount of
100,000 for as-needed procurement and technical support of rectangular
rapid-flashing beacons and related electrical devices; and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.5. Agreement with TriTech Software Systems dba Central Square for software
upgrades and maintenance of the Police Department's Computer Aided Dispatch
and Records Management System.
Item 3.5 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Staff provided Council with an update on the current Police Department's Computer
Aided Dispatch and Records Management system and timeline for transitioning to the
new system.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Gyllenhammer, to approve the agreement with TriTech Software
Systems in the amount of $124,608.40 for software upgrades and maintenance; and
authorize the Mayor and the City Clerk to execute on behalf of the City. The motion
carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
3.6. Agreement with Sunrise Multi-Specialist Medical Center for occupational medical
evaluations for Fiscal Year 2022-2023 and Fiscal Year 2023-2024.
ACTION: Approved the fifteen-month agreement with Sunrise Multi-Specialist Medical
Center in an amount not to exceed $60,000 for occupational medical evaluations; and
authorized the Mayor and the City Clerk to execute on behalf of the City.
3.7. First Amendment to Agreement with Chattel, Inc., Historic Preservation
Consultants to provide historic consultant services for the repair and
conservation of The Plaza fountain and Community Development Department
contract staff services.
ACTION: Approved the first amendment to the agreement with Chattel Inc., Historic
Preservation Consultants in the amount of $45,000 for reconstruction and conservation
of the Plaza Park fountain and contract staff services; and authorized the Mayor and
City Clerk to execute on behalf of the City.
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3.8. First Amendment to the Agreement with Allelous, Inc. (dba The HUB OC), for the
administration of After School Community Recreation Program Services for
youth in Orange.
ACTION: Approved the First Amendment to the Agreement with Allelous, Inc. (dba The
HUB OC) in the amount of $40,000; and authorized the Mayor and City Clerk to
execute the Agreement on behalf of the City.
3.9. First Amendment to Agreement with Fortel Traffic, Inc. for as-needed
procurement, installation, and maintenance of speed radar feedback signs and
related electrical devices.
ACTION: Approved the amendment to agreement with Fortel Traffic, Inc. in the amount
of $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.
3.10. Termination of Reciprocal Easement Agreement between 1201 and 1249 E.
Katella Avenue.
Item 3.10 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
In response to Council's questions, staff explained that this action was the final step
before construction of the affordable housing project begins.
ACTION: A motion was made by Councilmember Tavoularis, seconded by
Councilmember Gutierrez, to approve the Termination of Reciprocal Easement
Agreement between Citizens Business Bank and the City of Orange; and authorize the
Mayor to execute on behalf of the City. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
3.11. Appropriation of $246,440 in polychlorinated biphenyl (PCB) Total Maximum
Daily Load (TMDL) settlement funding to be used for restitution and future costs
associated with the TMDL regulatory compliance program.
ACTION: 1) Accepted into the City's revenue budget $246,440 in settlement funds
from PCB Settlement Fund-PCB TMDL fund into revenue account number
220.5024.48210.20532, Sewer - Water Quality TMDL Settlement; and 2) Authorized
the appropriation of $246,440 into expenditure account number
220.5024.56340.20532, Sewer- CIP-Water Quality TMDL Settlement.
3.12. Appropriation of $113,821.88 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted into the City's revenue budget $113,821.88 in strike team
reimbursement funds from the California Office of Emergency Services (Cal-OES), into
account numbers for Cal-OES reimbursements as follows:
Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
13,812.01 .40310 - OES Pre-Postion #220018
24,808.55 .40316 - Radford Fire
43,825.07 .40319 - OES Pre-Position #220051
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8,665.92 .40320 - OES Pre-Position #220056
22,710.33 .40322 - OES Pre-Position #220057
2) Authorized the appropriation of $99,915.62 into the expenditure account numbers
for Overtime-Safety as follows:
Overtime-Safety (expenditure account 100.3024.50221.)(xxxx):
11,982.00 .40310 - OES Pre-Position #220018
22,895.21 .40316 - Radford Fire
36,258.47 .40319 - OES Pre-Position #220051
8,665.92 .40320 - OES Pre-Position #220056
20,114.02 .40322 - OES Pre-Position #220057
3) Authorized the appropriation of $5,501.57 into the expenditure account numbers for
Strike Team Expenditures as follows:
Strike Team (expenditure account 100.3024.53860.xxxxx):
1,830.01 .40310 - OES Pre-Position #220018
140.34 .40316 - Radford Fire
2,987.23 .40319 - OES Pre-Position #220051
543.99 .40322 - OES Pre-Position #220057
4) Authorized the appropriation of $8,404.69 into the expenditure account numbers for
Motor Vehicle Replacement as follows:
Motor Vehicle Replacement (expenditure account 720.5023.55212.xxx)o)
1,773.00 .40316 - Radford Fire
4,579.37 .40319 - OES Pre-Position #220051
2,052.32 .40322 - OES Pre-Position #220057
3.13. Appropriation of $54,542 in - revenue from the Community Partnership Program,
Community Garden lease and deposit fees, user group maintenance fees, and
the Military Banner program.
ACTION: 1) Accepted into the City's revenue budget $54,840 in community partnership
donations, Community Garden revenue, user group maintenance fees, and Military
Banner revenue into the following accounts, all in the General Fund (100):
10,000 100.7015.48390.20530 Donations-2023 Special Events Season
3,725 100.7001.44210.20227 Garden Plots
40,995 100.7022.42480.00000 User Group Maintenance Fees
120 100.7001.48390.20054 Military Banner Program
2) Authorized the appropriation of $54,542 in the following expenditure accounts, all in
the General Fund (100):
10,000 100.7015.48390.20530 Donations-2023 Special Events Season
3,427 100.7001.44210.20227 Garden Plots
40,995 100.7022.42480.00000 User Group Maintenance Fees
120 100.7001.48390.20054 Military Banner Program
3.14. Appropriation of $16,060 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted into the City's revenue budget $16,060 in designated funding
from the State of California Office of Emergency Services, into revenue account
number 100.4031.48218.40321, CalOES - Medical Examinations; and 2) Authorized
the appropriation of $16,060 into expenditure account number 100.4031.51640.00000,
Contractual Services - Medical.
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3.15. Approval of plans and specifications for Santiago Canyon Road (Newport
Boulevard to Jamboree Road) Street Rehabilitation Project; authorization to
advertise for bids; and finding of CEQA exemption.
ACTION: Approved plans and specifications and authorized advertising for Bid No.
22-23.16 (SP-4201).
3.16. Claims for Damages.
Item 3.16 was removed from the Consent Calendar for separate consideration by
Councilmember Dumitru.
City Attorney Binning confirmed that Council must act on all claims for damages
presented to the City Council including claims for incidents that occurred outside the
Council's jurisdiction.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Gutierrez, to deny the following claims and refer to City Attorney and
Claims Adjuster:
1. Zachary and Paula Larsen
2. AAA a/s/o Rally Velasco
3. Nasrin Noori
4. Melbi Perez
5. Maria J. Antu
6. Karen Abbott
7. Shauna Johnson
8. Luis Hernandez-Morales
9. Isabel (Green) Lancaster
10. Brian Galliher
11. Dena Nguyen
12. Ruben Orgaz
13. Angelette R. Joseph
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
3.17. Award of Contract -to Diversified Thermal Services, LLC for the Main Library
HVAC Replacement Project; Bid No. 22-23.34.
ACTION: 1) Waived minor public works bidding irregularity in the bid proposal received
by Diversified Thermal Services, LLC; and 2) Approved contract with Diversified
Thermal Services, LLC in the total amount of $658,670, representing an original
amount of $598,791 plus a 10% contingency of $59,879, for the Main Library HVAC
Replacement Project; and authorized the Mayor and City Clerk to execute on behalf of
the City.
3.18. Final Acceptance of Bid No. 22-23.09, Annual Concrete Replacement at Various
Locations, Phase I; and authorization to file Notice of Completion.
ACTION: Accepted Annual Concrete Replacement at Various Locations, Phase I
Project as complete; and authorized staff to file Notice of Completion with the County
Recorder.
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3.19. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange amending Section 15.04.015 of the Orange Municipal Code deleting a
provision regarding Work Exempt from Permit. Ordinance No. 06-23.
ACTION: Adopted Ordinance No. 06-23.
3.20. Authorize purchase of licenses from Vigilant Solutions, LLC as a single source
vendor.
ACTION: Authorized the sole source purchase of licenses from Vigilant Solutions, LLC
for$35,000.
3.21. Authorize purchase of Winchester Law Enforcement Ammunition from Dooley
Enterprises, Inc. as a sole source vendor.
ACTION: Authorized the sole source purchase of ammunition from Dooley Enterprises,
Inc. for$153,000.
3.22. Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.
ACTION: Authorized the purchase of ballistic vests and helmets from U.S. Armor
Corporation in the amount of$40,000.
3.23. Authorize purchase of Police Department uniforms from Galls, LLC.
ACTION: Approved the purchase of Police Department uniforms from Galls, LLC for
110,000.
3.24. Authorize blanket purchase order for annual maintenance of various hardware
and software from Sidepath, Inc.
Item 3.24 was removed from the Consent Calendar for separate consideration by
Councilmember Gyllenhammer.
Staff answered Council's questions regarding the various purchases from Sidepath,
and explained the City takes advantage of Cooperative Agreements whenever
possible.
ACTION: A motion was made by Councilmember Tavoularis, seconded by
Councilmember Gyllenhammer, to approve blanket purchase order for annual
maintenance of various hardware and software items from Sidepath, inc. for $382,000.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
3.25. Quitclaim of Storm Drain Easements to Noreene A. Acken at 388 South Clark
Street.
Item 3.25 was removed from the Consent Calendar for separate consideration by
Mayor pro tern Barrios.
During discussion, Mayor pro tern Barrios requested that Council refund the quitclaim
application fee to the homeowner.
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ACTION: A motion was made by Mayor pro tern Barrios, seconded by Councilmember
Dumitru, to approve the quitclaim of the storm drain easements to Noreene A. Acken at
388 South Clark Street; authorize the Mayor to sign the quitclaim deed; and approve
the refund of the Quitclaim application fee to the homeowner. The motion carried by
the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
3.26. Authorize the Public Works Director to sign and file a financial assistance
application for a financing agreement with the California State Water Resources
Control Board for the City of Orange Wells 20, 21, and 22 PFAS Treatment
Systems, and finding of CEQA exemption. Resolution Nos. 11457 and 11458.
ACTION: 1) Adopted Resolution No. 11457. A Resolution of the City Council of the City
of Orange authorizing a representative to sign and file a financial assistance
application for a financing agreement with the State Water Resources Control Board
SWRCB)for the City of Orange Wells 20, 21, and 22 PFAS Treatment Systems.
2) Adopted Resolution No. 11458. A Resolution of the City Council of the City of
Orange adopting the exemption from the California Environmental Quality Act (CEQA)
for Wells 20, 21, and 22 PFOA and PFOS Treatment Plants Construction and
Operation.
3.27. Status report regarding calendar year 2022 fire inspections of educational and
selected residential occupancies in accordance with California Health and Safety
Code Section 13146.4. Resolution No. 11462.
ACTION: Adopted Resolution No. 11462. 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.
3.28. A Resolution amending the Master Schedule of Fees and Charges to adjust
Ground Ambulance Transportation Rates. Resolution No. 11463.
Entered into the record: A memo correcting the effective date of the proposed fee as
listed in the staff report; the correct effective date is July 1, 2023, and not July 1, 2022.
Item 3.28 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Staff answered Council's questions regarding the proposed fee and paramedic
membership program.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Gyllenhammer, to adopt Resolution No. 11463. A Resolution of the
City Council of the City of Orange amending the Master Schedule of Fees and Charges
to adjust Emergency Medical Services and Ground Ambulance Transportation Rates.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
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Approval of the Consent Calendar
Item Nos. 3.5, 3.10, 3.16, 3.24, 3.25, and 3.28 were removed from the Consent
Calendar and heard separately. All other items were approved as recommended.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Dumitru, to approve the Consent Calendar as recommended. The motion carried by
the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
4.1. Nature Park at City Hall Presentation.
Thea Gavin presented a proposal for a nature park at City Hall.
Council discussed available rebates for removal of ornamental turf, naming of the park,
maintenance costs, and funding sources.
Public Speakers
The following spoke in support of a nature park at City Hall: Megan Penn, Sharon
Zimmerman, Judy Schroeder, and Rachel Whitt.
A motion was made by Mayor Slater, seconded by Mayor pro tern Barrios, to support
the concept of a nature park at City Hall and authorize Thea Gavin and her committee
to proceed with planning and fund raising; that the Orange Park Planning & Community
Events Commission and OTPA have the opportunity to provide input and comments;
that final plans be brought to Council for review and approval before implementation of
the plans; and that the proposed project be done at no cost to the City of Orange. The
motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
4.2. Homeless Outreach City Council Subcomittee update.
Mayor Slater and Councilmember Dumitru provided an update on the Homeless
Outreach City Council subcommittee. The subcommittee has identified a potential site
for a homeless shelter and are actively seeking funding sources to build a shelter, and
are looking for temporary solutions until a shelter is built.
Public Speaker:
Alec Boserup, Boyscout Troop 543, asked what young people can do to help the
homeless.
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5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez& Barrios)
Councilmember Gutierrez highlighted the following local business: Jardin! Autentica
Cocina.
5.2. City/Schools Coordinating Committee Report(Gutierrez)
Councilmember Gutierrez reported the committee discussed the crossing guard
program and possible outsourcing options at their last meeting.
5.3. Abstention Protocol (Gutierrez)
In response to Council's questions, staff summarized the City's practice regarding
abstentions and explained the difference between a recusal and an abstention when
voting on agenda items. During discussion, Council directed staff to return with options
for adopting parliamentary procedures.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Appointment to the Orange Public Library Board of Trustees.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gyllenhammer, to appoint Kathleen Stevens to the Library Board of Trustees to fill an
unexpired term ending on June 30, 2024. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
RECESS: The City Council recessed at 7:59 p.m. and reconvened at 8:13 p.m. with all
Members present, except Councilmember Bilodeau who was absent.
7. REPORTS FROM CITY MANAGER
City Manager Kisela provided Council with an update on illegal street vendors, and
announced "Recycle From Home", a recycling pilot program, is now available to
Orange residents.
8. PUBLIC HEARINGS
8.1. Public Hearing to consider approval of the Landscape Maintenance Assessment
Districts 86-2 (Santiago Hills), and 15-1 (Santiago Hills Overlay) Final Engineer's
Reports for Fiscal Year 2023-2024. Resolution No. 11464.
Councilmember Gyllenhammer recused himself from Item 8.1 due to a potential
conflict with a nearby property interest and left the dais at 8:50 p.m.
Mayor Slater opened the Public Hearing at 8:54 p.m.
City Clerk Coleman announced no protests were received.
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Public Speaker
Jeremy Livermore requested the excess funds of $3,500 be designated for contractors
to purchase new low noise blowers.
Written Public Comments
Mariam Tukhi emailed opposing the continued use of toxic synthetic herbicides and
pesticides in the district.
Kimberly DeLehman emailed in support of the assessment; however, in opposition of
the continued use of toxic synthetic herbicides and pesticides in the district.
Mayor Slater closed the Public Hearing at 8:58 p.m.
During discussion, staff answered Council's questions regarding pesticide alternatives,
terms of the landscape maintenance contract, and the increase in the annual
assessment for the Santiago Hills Overlay.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gutierrez, to:
1) Adopt Resolution No. 11464. A Resolution of the City Council of the City of Orange
approving the Engineer's Reports and providing for the annual assessment for
Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills
Overlay).
2) Establish the assessment per single family detached unit per year for Fiscal Year
2023-2024 for Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1
Santiago Hills Overlay) at $369.44 and $263.27 respectively for single family
detached, and $221.66 and $186.92 respectively for condominiums.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Bilodeau
Recuse: Gyllenhammer
Councilmember Gyllenhammer returned to the dais at 9:11 p.m.
8.2. Public Hearing to consider approval of the Landscape Maintenance District 94-1
Sycamore Crossing) Final Engineer's Report for Fiscal Year 2023-2024.
Resolution No. 11465.
Mayor Slater opened the Public Hearing at 9:13 p.m.
City Clerk Coleman announced no protests were received.
There being no speakers, Mayor Slater closed the Public Hearing at 9:14 p.m.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios,
to:
1) Adopt Resolution No. 11465. A Resolution of the City Council of the City of Orange
approving the Engineer's Report and providing for the annual assessment for
Landscape Maintenance District 94-1 (Sycamore Crossing).
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2) Establish the assessment for Fiscal Year 2023-2024 for Landscape Maintenance
Assessment District 94-1 (Sycamore Crossing) at $293.08 per single family unit per
year.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
9. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:15 p.m.
The next Regular City Council Meeting will be held on Tuesday, June 27, 2023, at 6:00
p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if necessary.
la_,Q1iUr C D7'
PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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