08/22/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 12, 2023
MINUTES
City of Orange
City Council
I/
August 22, 2023
The City Council of the City of Orange, California convened on Tuesday, August 22, 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, Bilodeau, Gyllenhammer, and Slater
Absent: None
Councilmember Tavoularis joined Closed Session at 5:02 p.m.
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 to
discuss the following:
a.CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organization: Orange Maintenance and Crafts Employees' Association
b.CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
One potential case)
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 5:50 p.m.
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City Council Minutes August 22,2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:03 p.m.
1.1 INVOCATION
Given by Rev. Dr. Robb Ring from Immanuel Lutheran Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor pro tern Arianna Barrios.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Christine Grace Reyes.
Recognition of 2022-2023 high school student liaisons Ruby Hewitt, El Modena High
School, and Diego Paz, Orange High School.
Proclamation honoring the Orange Elks Lodge No. 1475 in celebration of its 100th
Anniversary.
Santiago Canyon College Update presented by Santiago Canyon College President Dr.
Jeannie Kim.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speaker:
Brandy Romero spoke about the City parkway tree program.
Written Public Comments
Stephen Tyler emailed in support of keeping Santiago Creek a wetland.
Janice Brownfield emailed in support of using solar-reflective coatings on streets and
roofs.
Alex Brown submitted an eComment expressing concerns with OC Animal Care
operations.
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City Council Minutes August 22,2023
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. Approval of minutes of the City of Orange City Council Regular Meeting held on
August 8, 2023.
ACTION: Approved minutes as presented.
3.3. Agreement with the State of California, Department of Alcoholic Beverage
Control for the Alcohol Policing Partnership Grant for Fiscal Year 2023-2024.
Resolution 11490.
ACTION: 1) Approved agreement with the State of California, Department of Alcoholic
Beverage Control in the amount of $90,000 for the Alcohol Policing Partnership Grant;
and authorized the Chief of Police or City Manager to execute on behalf of the City.
2) Adopted Resolution No. 11490. A Resolution of the City Council of the City of
Orange accepting funds in the amount of $90,000 from the State of California
Department of Alcoholic Beverage Control for the Alcoholic Policing Partnership Grant,
and authorizing the Chief of Police or City Manager to execute the grant program
agreement and related documents.
3) Accepted into the City's revenue budget $90,000 in grant funds from the State of
California, Department of Alcoholic Beverage Control into revenue account number
100.4033.45495.30230 Alcoholic Beverage Control Grant FY24.
4)Authorized the appropriation of$90,000 into the following expenditure accounts:
84,468 100.4033.50221.30230 Overtime Safety-ABC Grant FY24
2,500 100.4033.51830.30230 Overnight Training -ABC Grant FY24
532 100.4033.53060.30230 Misc. Materials & Supplies -ABC Grant FY24
2,500 100.4033.55131.30230 Equipment Additions -ABC Grant FY24
3.4. Agreement with Michael Baker International for Community Development Block
Grant, HOME Investment Partnerships Program, general grant, and housing
management consulting services.
A speaker card was submitted for Item 3.4; therefore, the item was removed from the
Consent Calendar for separate consideration.
Public Speaker:
Sam Rodriguez spoke in opposition.
ACTION: A motion was made by Councilmember Tavoularis, seconded by
Councilmember Dumitru, to: 1) Authorize the appropriation of $15,000 from the Low
and Moderate Income Housing Asset Fund (921) unreserved fund balance to
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City Council Minutes August 22,2023
expenditure account number 100.6001.51670.00000 - Other Professional and
Consulting Services; and 2) Approve the agreement with Michael Baker International
for Community Development Block Grant, HOME Investment Partnerships Program,
housing management, and general federal grant support in the amount of $140,000;
and authorize the Mayor and City Clerk to execute on behalf of the City. The motion
carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
3.5. Agreement with Orange County Transportation Authority for Countywide Signal
Synchronization Baseline Project.
Note: Mayor pro tern Barrios abstained due to a potential conflict with employment.
ACTION: Approved the agreement with Orange County Transportation Authority for the
Countywide Signal Synchronization Baseline Project; and authorized the City Manager
and City Clerk to execute on behalf of the City.
3.6. Agreement with Paul Kott Realtors, Inc. for real estate broker services.
ACTION: Approved the agreement with Paul Kott Realtors, Inc. for real estate broker
services; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.7. First Amendment to Attorney Services Agreement with Richards, Watson &
Gershon to provide legal services.
ACTION: Approved a First Amendment to Attorney Services Agreement with Richards,
Watson & Gershon in an amount not to exceed $20,000; and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.8. Second Amendment to the Agreement with California Waters Development, Inc.
for maintenance of City fountains.
ACTION: Approved the Second Amendment with California Waters Development, Inc.
in the amount of $67,336.50 for maintenance of City fountains; and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.9. Sewer Service Installation and Payment Agreement with Tustin Development LLC
to provide sewer service to a new tract development known as Cowan Ranch
Estates in the unincorporated area of Orange County.
Note: Councilmember Gyllenhammer abstained due to nearby property interest.
ACTION: Approved the agreement between the City of Orange and Tustin
Development LLC .for connection to the Orange Sewer System, and one-time lump
sum payment for sewer connection fees; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.10. Appropriation of$10,000 in revenue from Community Partnership donations.
ACTION: 1) Accepted into the City's Fiscal Year 2023-2024 budget $10,000 in
community partnership donations into revenue account 100.7015.48390.20530,
Donations - Special Events 2024 Season; and 2) Authorized the appropriation of
10,000 in the following Fiscal Year 2023-2024 expenditure account number
100.7015.51355.20530, General Fund - Special Events 2024 Season.
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City Council Minutes August 22,2023
3.11. Appropriation of $89,609.26 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted ' into the City's revenue budget $89,609.26 in strike team
reimbursement funds from the California Office of Emergency Services, into the
revenue account numbers for Cal-OES reimbursements as follows:
Cal-OES reimbursements (revenue account 100.3024.48212.xxx)o):
14,176.99 .40323 - OES Pre-Position #230009 '
12,682.58 .40329 - OES Pre-Position#230030
12,456.71 .40334 - OES Pre-Position #230053
24,183.20 .40334 - OES Pre-Position #230054
26,109.78 .40338 - OES Pre-Position #230062
2) Authorized the appropriation of $84,991.05 into the expenditure account numbers
for Overtime-Safety as follows:
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
13,443.40 .40323 - OES Pre-Position #230009
12,682.58 .40329 - OES Pre-Position #230030
11,621.86 40334 - OES Pre-Position #230053
22,587.79 40334 - OES Pre-Position #230054
24,655.42 .40338 - OES Pre-Position #230062
3) Authorized the appropriation of $3,830.21 into the expenditure account numbers for
Strike Team Expenditures as follows:
Strike Team (expenditure account 100.3024.53860.xxxxx):
733.59 .40323 - OES Pre-Position #230009
46.85 .40334 - OES Pre-Position #230054
1,595.41 .40334 - OES Pre-Position #230054
1,454.36 .40338- OES Pre-Position #230062
4) Authorized the appropriation of $788.00 into the expenditure account numbers for
Motor Vehicle Replacement as follows:
Motor Vehicle Replacement(expenditure account 720.5023.55212.xxxxx)
788.00 .40333 - OES Pre-Position #230053
3.12. Final Acceptance of Bid No. 21-22.34; SP-4144, Katella Avenue Street
Improvement Project; and authorization to file Notice of Completion.
ACTION: Accepted Katella Avenue Street Improvement Project as complete, and
authorized staff to file Notice of Completion with the County Recorder.
3.13. Final Acceptance of Bid No. 22-23.05; SP-4086; Cannon Street at Serrano Avenue
Intersection Improvement Project; and authorization to file Notice of Completion.
ACTION: Accepted Cannon Street at Serrano Avenue Intersection Improvement
Project as complete, and authorized staff to file Notice of Completion with the County
Recorder.
3.14. Authorize the purchase of one fire apparatus for the Orange Fire Department and
two vehicles for the Orange Police Department through a Cooperative
Purchasing Agreement.
Item 3.14 was removed from the Consent Calendar for separate consideration by
Councilmember Dumitru.
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City Council Minutes August 22,2023
Councilmember Dumitru expressed his appreciation for donating the replaced
equipment to the Fire Department in Queretaro, Mexico.
ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tern
Barrios, to: 1) Approve the purchase of one Pierce Enforcer Fire Apparatus from South
Coast Fire Equipment for $1,215,907; 2) Authorize the purchase of safety equipment
and supplies needed to equip the Fire Apparatus from single source vendors in the
amount of $84,093; 3) Authorize the purchase of two 2023 Chevrolet Bolts from
National Auto Fleet Group in the amount of $62,537; and 4) Authorize the replaced
Fire Seagrave Pumper and Tiller Truck donation to Queretaro, Mexico. The motion
carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
3.15. Adoption of a resolution regarding the 2023, 2024, and 2025 Winter Holiday
Closure. Resolution No. 11489.
ACTION: Adopted Resolution No. 11489. A Resolution of the City Council of the City of
Orange regarding the 2023, 2024, and 2025 Winter Holiday Closure.
Approval of the Consent Calendar
Mayor pro tem Barrios abstained from Item 3.5. Councilmember Gyllenhammer
abstained from Item 3.9. Item 3.14 was 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
Gyllenhammer, to approve the Consent Calendar as recommended. The motion
carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
Mayor Slater reported that he met with several Assembly Members in Sacramento
regarding a proposed bond measure that would benefit the Santa Ana River and its
tributaries including Santiago Creek.
Mayor pro tern left the dais at 6:56 p.m. and returned at 6:57 p.m.
5. REPORTS FROM COUNCILMEMBERS
5.1. La Veta Monterey Condominiums Update (Dumitru)
Councilmember Dumitru provided an update on the La Veta Monterey Condo gas line
issues.
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City Council Minutes August 22,2023
Public Speakers:
Betty Talbert spoke about the continuing gas line issues.
Teresa San Diego spoke about the continuing gas line issues.
5.2. Other Councilmember Reports
Councilmember Dumitru reported that a mosquito found near Lincoln & Glassell tested
positive for West Nile Virus. OC Mosquito and Vector Control District encourages
residents to eliminate any standing water.
Councilmember Tavoularis reported there are no updates for the Orange Mall area
Village at Orange).
6. ADMINISTRATIVE REPORTS
6.1. Consideration of an appeal of the City Traffic Commission's decision to deny
removal of on-street parking on the south side of Katella Avenue between
Sacramento and Handy Streets, Appeal No. CTC 0001-23.
City Traffic Engineer Larry Tay presented the staff report and answered Council's
questions.
Public Speakers:
Regina Mundekis spoke in support of upholding the appeal and removing the parking.
The following spoke in support of denying the appeal and in opposition of removing the
parking: Heather McCance, Xanthia Quesada, Velma Trevino, Gil Lazar, Ruben
Hernandez, Brad Jackson, Frank Miller, Patrick Gallagher, Mikeline Skibsted, Julian
Giacobbe, Stuart Atkins, Pam Atkins, and Sam Briones.
Written Public Comments
Don Dawson submitted an eComment in support of denying the appeal and in
opposition of removing the parking.
During deliberations, Council discussed Katella as a major arterial and ways to address
the safety concerns with the front facing homes on Katella if the parking is removed.
Mayor pro tern Barrios made a motion to continue this item to allow staff to return with
a discussion item report in two months outlining the options and alternatives for this
area. Motion seconded by Councilmember Gutierrez.
Councilmember Gutierrez requested to amend the motion to include a neighborhood
meeting to solicit feedback from the residents. Mayor pro tern accepted the
amendment.
Councilmember Dumitru requested to amend the motion to include a study to close off
the eastbound side of southbound Sacramento St. and restrict northbound Sacramento
St. as a right turn only. Mayor pro tern accepted the amendment.
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City Council Minutes August 22,2023
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
to continue this item to allow staff time to host a neighborhood meeting and return with
a report in two months outlining the options and alternatives for this area, and direct
staff to study appropriate turning restrictions at the Sacramento Street intersection,
including, but not limited to, eastbound right turns, northbound left turns, and an
inbound closure. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
RECESS: The City Council recessed at 9:00 p.m. and reconvened at 9:18 p.m. with all
Members present.
Item 8.1 re-ordered to be heard before Item 6.2.)
8. PUBLIC HEARINGS
8.1. Public Hearing to consider adoption of a resolution approving the demolition of
an existing 40,000 square foot (SF) manufacturing facility and site redevelopment
with a 57,900 SF truck terminal that includes 52,900 SF of warehouse space,
5,000 SF of office space, and an accessory 5,400 SF maintenance building
located at 534 W. Struck Avenue; certifying Environmental Impact Report No.
1870-20; and adopting all findings and a Mitigation Monitoring and Reporting
Program. (Applicant: Prologis, L.P.)
Mayor pro tern Barrios disclosed she had a briefing with the applicant.
Mayor Slater opened the Public Hearing at 9:20 p.m.
Public Speakers:
The following spoke in support of the project: Maggie Xu, applicant; Alex Zamora; and
Jayson Baiz.
Written Public Comment
John Underwood submitted an eComment opposing the project.
Mayor Slater closed the Public Hearing at 9:27 p.m.
Mayor Slater re-opened the Public Hearing at 9:31 p.m. so the applicant could respond
to Council's questions regarding traffic and noise concerns, trees, and a heat island
effect. Mayor Slater closed the Public Hearing at 10:03 p.m.
During further discussion, Councilmember Gutierrez continued to express concerns
with possible noise disturbances and a heat island effect.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Bilodeau,
to adopt Resolution No. 11487. A Resolution of the City Council of the City of Orange
certifying Environmental Impact Report No. 1870-20, adopting a Mitigation Monitoring
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City Council Minutes August 22,2023
and Reporting Program and approving Conditional Use Permit No. 3137-21, Major Site
Plan Review No. 1039-21, Design Review No. 5028-21 to demolish an existing 40,000
SF manufacturing facility and site redevelopment with a 57,900 SF truck terminal that
includes 52,900 SF of warehouse space, 5,000 SF of office space, and an accessory
5,400 SF maintenance building, located at 534 W. Struck Avenue. The motion carried
by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: Gutierrez
Absent: None
6. ADMINISTRATIVE REPORTS
6.2. Adoption of an Expense and Reimbursement Policy for City Councilmembers for
actual and necessary expenses incurred in the performance of their official
duties. Resolution No. 11485.
Written Public Comments
The following submitted eComments in support of adopting Resolution No. 11485: Don
Dawson and Reggie Mundekis.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Gutierrez, to adopt Resolution No. 11485. A Resolution of the City Council of the City
of Orange Adopting an Expense and Reimbursement Policy for City Council Members
for Actual and Necessary Expenses Incurred in the Performance of their Official Duties.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
Item 7.1 re-ordered to be heard before Item 6.3.)
7. REPORTS FROM CITY MANAGER
7.1. City of Orange Fiscal Health Report. (Continued from August 8, 2023)
Finance Director Trang Nguyen provided Council with an overview of the City's fiscal
health based on the California State Auditor's Office local government fiscal analysis
report.
Councilmember Bilodeau left the dais at 10:19 p.m.
During discussion Council requested a fiscal health ranking of full service cities.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Dumitru, to receive and file the report. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
6. ADMINISTRATIVE REPORTS
6.3. Proposal to analyze a possible increase in the Uniform Transient Occupancy Tax
rate.
Economic Development Manager Aaron Shulze presented a brief staff report.
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City Council Minutes August 22,2023
Councilmember Bilodeau returned to the dais at 10:27 p.m.
Council discussed evaluating a utility user tax at the same time and analyzing the
impact of a TOT increase between a range of 10-15%.
Public Speaker:
Steve Ratkevich spoke in opposition of increasing TOT to 15%.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios,
to authorize staff to analyze a possible increase in the Uniform Transient Occupancy
Tax rate and possibly introducing a Utility User Tax. The motion carried by the following
vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: Bilodeau
Absent: None
9. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:40 p.m. in Memory
of Christine.Grace Reyes.
The next Regular City Council meeting will be held on Tuesday, September 12, 2023,
at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
c-t)'"ibutR,
PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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