09/26/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 24, 2023
MINUTES
City of Orange
City Council
September 26, 2023
The City Council of the City of Orange, California convened on Tuesday, September 26,
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 5:00 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
Councilmember Gutierrez 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 5:02 p.m. with all Members present,
except Councilmember Gutierrez who joined the meeting at 5:05 p.m. and
Councilmember Gyllenhammer 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 Organizations: Orange Maintenance and Crafts Employees' Association,
Orange Management Association, Orange Municipal Employees' Association, and
II
Water Division Employees' Association
b.CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) -Two cases
Name of Case: Mary's Kitchen, et al. v. City of Orange.
United States District Court Case No. 8:21-cv-01483
Name of Case: Mary's Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070
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4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 6:01 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:08 p.m.
1.1 INVOCATION
Given by Pastor Rob Curington from Orange Villa Bible Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing September 15 - October 15 as National Hispanic Heritage
Month.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers:
Elia expressed concerns with traffic safety issues in her neighborhood and spoke in
support of reinstating the Jamboree Road extension to Weir Canyon Road.
Dima Khedraki spoke in support of reinstating the Jamboree Road extension to Weir
Canyon Road.
Carole Walters spoke about protecting the Plaza fountain.
Written Public Comment
Janice Brownfield emailed about the implementation of SB 1383, organic waste
recycling regulations.
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City Council Minutes September 26,2023
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. Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation
Treatment.
Entered into the record: Memo from staff requesting to remove Item 3.2 from the
agenda.
ACTION: Item 3.2 was removed from the agenda.
3.3. Agreement with the State of California Office of Traffic Safety for the Selective
Traffic Enforcement Program for Federal Fiscal Year 2023-2024.
ACTION: 1) Approved grant agreement no. PT24138 with the State of California Office
of Traffic Safety in the amount of $330,000 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 $330,000 grant from the California Office of
Traffic Safety into revenue account number 100.4041.45290.30231, General Fund -
OTS STEP Grant FY24; and 3) Authorized the appropriation of $330,000 into the
following Traffic Program expenditure accounts: $271,173 into account number
100.4041.50221.30231, Overtime - Safety OTS Grant 23-24; $24,382 into account
number 100.4041.50222.30231, Overtime - Miscellaneous OTS Grant 23-24; $2,897
into account number 100.4041.51840.30231, Local Training OTS Grant 23-24; and
31,548 into account number 100.4041.55131.30231, Equipment OTS Grant 23-24.
3.4. Appropriation of $15,927 in designated grant and disbursement funding received
from the National Science Foundation, Dish Wireless, and Santiago Library
System.
ACTION: 1) Accepted into the City's revenue budget $15,927 in grant and
disbursement funds from National Science Foundation, Dish Wireless, and Santiago
Library System into the following revenue account numbers in the General Fund:
1,000 into account number 100.2001.45150.30232, Blue Whales Project Grant;
7,500 into account number 100.2001.48390.00000, Donations; and $7,427 into
account number 100.2001.48390.19988, Santiago Library System.
2) Authorized the appropriation of $15,927 in grant and disbursement funds into the
following expenditure account numbers in the General Fund: $1,000 into account
number 100.2017.53340.30232, Craft Supplies - Blue Whales Project Grant; $7,500
into account number 100.2001.53001.19986, Materials & Supplies - Donations, and
7,427 into account number 100.2001.53301.19988, Books- Santiago Library System.
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3.5. Appropriation of $28,241 in designated grant funding received from California
Library Literacy Services.
ACTION: 1) Accepted into the City's revenue budget a $28,241 grant from California
Library Literacy Services, into revenue account number 100.2001.45290.30225,
General Fund - California Library Literacy Services Grant.
2) Authorized the appropriation of $28,241 to California Library Literacy Services Grant
into the following expenditure account numbers:
22,000 100.2001.50312.30225 Part-time Misc. Salaries
6,241 100.2001.53001.30225 Materials and Supplies
3.6. Appropriation of $180,000 from the Fire Facility Fee Districts Fund (560) into
various Capital Improvement Project (CIP) accounts. .
ACTION: 1) Authorized the total appropriation of $180,000 from the Fire Facility Fees
Fund (560) unreserved fund balance into the following CIP expenditure accounts:
a. $90,000 for Turnout Equipment and Replacement (20124)
b. $50,000 for Fire Station Maintenance (20334)
c. $19,000 for Emergency Medical Services (EMS) Electronic Patient Care Report
ePCR) Replacement Program (20171)
d. $16,000 for Wellness Equipment Replacement (30032)
e. $5,000 for Self-Contained Breathing Apparatus (SCBA) Retrofit and Replacement
20104)
3.7. Approval of plans and specifications for Bid No. 23-24.11; SP-4268; Annual
Concrete Replacement at Various Locations Fiscal Year 2023-2024, authorization
to advertise for bids, and finding of CEQA exemption.
ACTION: 1) Approved the plans and specifications and authorize advertising for bids
for Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024; and 2)
Authorized the appropriation of $200,000 from Unreserved Fund 287 Citywide TSIP to
expenditure account number 287.5011.56330.13120 Pavement Management Program.
3.8. Award of Contract to Sequel Contractors, Inc. for Lomita Neighborhood Street
Improvement Project; Bid No. 23-24.04.
ACTION: Approved the contract with Sequel Contractors, Inc. in the total amount of
777,271, representing an original amount of $706,610 plus a 10% contingency of
70,661 for the Lomita Neighborhood Street Improvement Project (SP-4220); and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.9. Award of Contract to Interior Demolition, Inc. for Bid No. 23-24.08; SP-4262;
Demolition of Building at 2829 N. Glassell Street.
Note: Councilmember Gutierrez registered a no vote.
Written Comment
Jordan Prell submitted an eComment in support.
ACTION: 1) Waived minor public works bidding irregularity in the bid proposal received
by Interior Demolition, Inc.; 2) Authorized the appropriation of $140,000 from the
Capital Projects (500) unreserved fund balance to 500.7021.56012.20533 (2829 N.
Glassell Street); and 3) Awarded contract to Interior Demolition, Inc. in the total amount
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City Council Minutes September 26,2023
of $136,620, representing an original bid amount of $124,200, plus a 10% contingency
of $12,420, for the Demolition of Building at 2829 N. Glassell Street; and authorized
the Mayor and City Clerk to execute on behalf of the City.
3.10. First Amendment to Contract with Sequel Contractors, Inc.; and Final
Acceptance of Bid No. 22-23.17; SP-4237; Community Development Block Grant,
Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street
Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp
Replacement at Various Locations and authorization to file Notice of Completion.
ACTION: 1) Approved the First Amendment to Contract in the amount of $92,345.85 to
Sequel Contractors, Inc. for the additional work; and authorized the Mayor and City
Clerk to execute on behalf of the City; and 2) Accepted Community Development Block
Grant, Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street
Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp
Replacement at Various Locations as complete and authorized staff to file Notice of
Completion with the County Recorder.
3.11. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange amending Sections 3.08.080 and 3.08.410 of the Orange Municipal Code.
Ordinance No. 12-23
ACTION: Adopted Ordinance No. 12-23.
Approval of the Consent Calendar
Item 3.2 was removed from the Agenda. Councilmember Gutierrez registered a no vote
on Item 3.9. All other items were approved as recommended.
A motion was made by Councilmember Bilodeau, seconded by Councilmember
Dumitru, to approve the Consent Calendar as recommended. 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
None
5. REPORTS FROM COUNCILMEMBERS
5.1. Sweet Orange Program (Barrios/Tavoularis)
Mayor pro tern Barrios provided an update on the Council Sweet Orange Committee.
5.2. Love Orange Day (Barrios)
Mayor pro tern Barrios announced Love Orange Day, a City-wide volunteer day, is on
Saturday, October 7.
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5.3. Other Councilmember Reports
Councilmember Tavoularis reported on two proposed bills. ACA (Assembly
Constitutional Amendment) 1 was signed by the Governor and filed with the Secretary
of State; the measure must be approved by California voters. If approved, ACA 1 would
reduce the voter threshold from a 2/3 majority to a 55% majority to approve local bonds
and certain special taxes. ACA 13 would amend the constitution such that any ballot
measure that changes voter threshold needs to pass by the same margin.
Councilmember Gutierrez reported on the El Modena Outreach day held on September
16, 2023.
6. AB 1234 REPORTS
Councilmember Dumitru reported he attended the League of California Cities Annual
Conference in Sacramento.
7. ADMINISTRATIVE REPORTS
7.1. Consideration of a two-year professional services agreement with Townsend
Public Affairs, Inc. for grant writing and legislative advocacy services.
Sean McReynolds, Senior Associate with Townsend, provided Council with a
presentation.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Dumitru, to approve a two-year agreement with Townsend Public Affairs, Inc. in the
amount of $216,000 for legislative advocacy and grant writing services expended from
account number 100.0201.51780.00000, and authorize the Mayor and City Clerk to
execute the two-year agreement on behalf of the City. The motion carried by the
following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
7.2. Consideration of a 50-Year Lease Agreement with Orange County Flood Control
District for West Orange Park.
Entered into the record: A modified lease agreement incorporating two minor changes.
Under Section 16 of the agreement, strikeout "control trespassing consistent with the
County's current park management plan." Under Section 22, the reference name was
updated from Riverview Park to West Orange Park.
A motion was made by Councilmember Dumitru, seconded by Mayor pro tern Barrios,
to approve amended 50-Year Lease Agreement between Orange County Flood Control
District and the City of Orange, allowing the City to develop and operate a passive park
on approximately 2.38 acres of land owned by Orange County Flood Control District.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
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7.3. Implementation of permit parking on both sides of Palm Avenue from Wayfield
Street to Park Lane; both sides of Wayfield Circle south of Palm Avenue; both
sides of Park Lane from Dana Place to Palm Avenue; and both sides of Wayfield
Street between Palm and Walnut Avenues. Resolution No. 11495.
Public Speakers:
The following spoke in support of approving the permit parking: Cindy Pace, Rose
Cunningham, and John Bivens.
Dawn Topete expressed concerns with her street being removed from the original
proposal.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to 1) Approve permit parking on both sides of Palm Avenue from Wayfield
Street to Park Lane; both sides of Wayfield Circle south of Palm Avenue; both sides of
Park Lane from Dana Place to Palm Avenue; and both sides of Wayfield Street
between Palm and Walnut Avenues; and 2) Adopt Resolution No. 11495. A Resolution
of the City Council of the City of Orange adopting a revised master resolution of
designated permit parking areas within the City of Orange. The motion carried by the
following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of an ordinance adding Chapter 2.62 to Title 2 of
the Orange Municipal Code, and establishing the Santiago Creek Commission;
and finding of CEQA exemption. Ordinance No. 13-23.
Public Speaker:
Neil Monnison commented that the proposed commission should not have authority
over Chapman Yorba property.
During discussion, City Attorney Vigliotta confirmed the newly established commission
would only be advisory and would not have any authority over any projects.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
to introduce and conduct First Reading of Ordinance No. 13-23. An Ordinance of the
City Council of the City of Orange adding Chapter 2.62 to Title 2 of the Orange
Municipal Code (Administration and Personnel) establishing a new advisory
commission regarding Santiago Creek. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
9. REPORTS FROM CITY MANAGER
9.1. Skatepark Project Update
Assistant Community Services Director Emily Bustamante provided Council with an
update on the skatepark project.
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10. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:19 p.m. to a meeting
on Tuesday, October 3, 2023 at 6:00 p.m. in the Council Chamber, with . Closed
Session beginning at 5:00 p.m., if necessary.
The next Regular City Council meeting will be held on Tuesday, October 10, 2023, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
AMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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