11/14/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 12, 2023
MINUTES
City of Orange
City Council
November 14, 2023
The City Council of the City of Orange, California convened on Tuesday, November 14, 2023,
at 5:00 p.m. in a joint Regular Meeting with the Orange Industrial Development Authority 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 5:02 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Absent: Gutierrez
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members, except
Councilmember Gutierrez who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
One potential case)
b. 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, Water
Division Employees' Association, and Part-Time and Limited Duration Employees
RECESS TO REGULAR MEETING: At 6:00 p.m., the City Council recessed from Closed
Session to a Regular Meeting in the Council Chamber.
The Council reconvened in Closed Session at 9:15 p.m. with all Members present, except
Councilmember Gutierrez who was absent.
4. CLOSED SESSION REPORT
None
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5. ADJOURNMENT
Closed Session was adjourned at 9:28 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the joint meeting of the City Council and Orange Industrial
Development Authority to order at 6:05 p.m.
Note: Hereinafter the titles of Mayor, Mayor pro tern, Councilmember, City Attorney, and City Clerk shall
be used to indicate Mayor/Chair, Mayor pro tem/Vice Chair, Councilmember/Authority Member,
City/Authority Attorney, City Clerk/Authority Secretary.)
1.1 INVOCATION
Given by Rabbi Eliezer Gurary, Chabad at Chapman University & Orange Police
Department.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor pro tern Arianna Barrios.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Absent: Gutierrez
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing Cathy Seeling for over 25 years of service to the Friendly
Center.
Greater Orange Community Arts Theater(GOCAT) Status Update.
El Modena High School Student Liaison Emma Hoffman provided Council with a brief
update on school happenings.
Orange High School Student Liaison Nancy Albeno provided Council with a brief
update on school happenings.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers:
Kim Milstien, COO, Children's Hospital of Orange County (CHOC), expressed gratitude
to City staff for their participation in CHOC's annual Halloween festival.
Leslie Manderscheid commented on four proposed projects near Santiago Creek.
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Written Public Comment
Janice Brownfield emailed about the importance of recycling organic waste and
encouraged the City to participate in a harvest program.
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. Confirmation of warrant registers dated October 5, 12, 19, and 26, 2023.
ACTION: Approved as presented.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on
October 24, 2023; and an Adjourned Regular Meeting held on October 30, 2023.
ACTION: Approved minutes as presented.
3.4. Monthly Treasurer's Reports for July, August, and September 2023.
ACTION: Received and filed.
3.5. Agreement with Crosstown Electrical & Data, Inc. for On-Call Maintenance and
Repair Services for Advance Traffic Management System and Communication
System and finding of CEQA exemption.
ACTION: Approved the agreement with Crosstown Electrical & Data, Inc. for an initial
term of two years in the amount of $60,000 for On-Call Maintenance and Repair
Services for Advance Traffic Management System and Communication System; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Agreement with Orange Home Grown Farmers and Artisans Market for the use of
West Palm Avenue between North Lemon Street and North Cypress Street.
ACTION: Approved the agreement with Orange Home Grown Farmers and Artisans
Market for the use of West Palm Avenue between North Lemon Street and North
Cypress Street for their weekly farmers' market; and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.7. Agreement with the California Department of Transportation for additional
Santiago Creek debris removal services and community waste disposal events.
ACTION: Approved the Reimbursement Agreement with Caltrans in the amount of
130,000 for debris removal along Santiago Creek and to facilitate community disposal
events for Orange residents under the Clean California Initiative from November 2023
to June 2024, and authorized the City Manager, or their designee, to execute on behalf
of the City.
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3.8. Historic Property Preservation Agreements (Mills Act Contracts) for 19 qualified
historic properties.
Item 3.8 was removed from the Consent Calendar for separate consideration by
Councilmember Gyllenhammer.
Public Speaker:
Reggie Mundekis spoke in support of the Mills Act program and approval of the
proposed contracts.
During discussion, staff responded to questions regarding the history of the Mills Act
program, compliance, annual reporting forms, periodic inspections, annual fee,
property tax revenue loss, and commercial versus residential properties.
Staff was directed to return with an overview of the current Mills Act program including
assessment of the current annual fee and feasibility of re-establishing an annual cap.
ACTION: A motion was made by Councilmember Bilodeau, seconded by
Councilmember Gyllenhammer, that this Consent - Agreements be Approved. The
motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
3.9. Agreements with the California Department of Health Care Services and
CalOptima for a one-time Intergovernmental Transfer.
ACTION: 1) Approved agreements with the California Department of Health Care
Services and CalOptima in the amount of $659,183, representing $549,319 in
unreimbursed Medicare revenue plus a $109,863 administration fee, for a one-time
Intergovernmental Transfer; and authorized the Mayor and City Clerk to execute on
behalf of the City; and 2) Authorized the transfer of $ 659,183 of reimbursable funds to
the California Department of Health Care Services.
3.10. Appropriation of $43,082 from the Old Towne West Metrolink Parking Structure
parking revenue collected during the Orange International Street Fair to be used
for maintenance costs.
ACTION: 1) Accepted into the City's revenue budget $43,082 in Metrolink Parking
Structure funds from the parking fees into revenue account 100.0000.48380.17006,
General Fund - Street Fair Metrolink Parking; and 2) Authorized the appropriation of
43,082 into expenditure account number 100.5028.51450.20421, General Fund -
Other Maintenance Metrolink Parking Structure.
3.11. Approval of plans and specifications for Bid No. 23-24.18, SP-4264; Community
Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act
ADA) Wheelchair Access Ramp Replacement at Various Locations;
authorization to advertise for bids; and finding of CEQA exemption.
ACTION: Approved plans and specifications and authorize advertising for bids for the
Community Development Block Grant Fiscal Year 2023-2024 Americans with
Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations.
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3.12. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Janet Verkich
2. Michael Joseph Guzman III
3. Marie Conception Guzman
4. Gregory Dennis
5. Arthur Lopez
6. Arthur Lopez
7. Michael Gore
3.13. Award of Sourcewell Contract to Horizons Construction Company International,
Inc. for the gas line replacement at the El Modena Library; and finding of CEQA
exemption.
ACTION: Approved a Sourcewell contract with Horizons Construction Company
International, Inc. in the amount of $49,134 for the gas line replacement at El Modena
Library; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14. Award of Contract to Onyx Paving Company, Inc. for parking lot pavement
rehabilitation at Fred Barrera, Santiago Hills, and Serrano Parks and McPherson
Athletic Center; resurfacing of bike trails and walking paths at the following
locations: El Modena Bike Trail, Santiago Creek Bike Trail, and Hart Park; and
finding of CEQA exemption.
ACTION: 1) Approved the contract with Onyx Paving Company, Inc. in the amount of
1,059,300 for Parking Lot Pavement Rehabilitation (30053) and Resurfacing Bike
Trails and Walking Paths (20475); and authorized the Mayor and City Clerk to execute
on behalf of the City; 2) Authorized an appropriation transfer of $43,968.18 from
expenditure account 510.7021.56015.20475 - CIP - Reno-Resurfacing Bike Trails to
510.7021.56015.30053 - Parking Lot Pavement Rehab; and 3) Authorized the
appropriation of $183,568 in unreserved Park Acquisition (Infill) (510) fund balance to
expenditure account 510.7021.56015.30053 - Parking Lot Pavement Rehab.
3.15. Award of Contract to Delta Electric, LLC. for area lighting replacement at Grijlava
Park; and finding of CEQA exemption.
ACTION: 1) Approved the contract with Delta Electric, LLC. In the amount of $621,390
for the Area Lighting Replacement at Grijalva Park project (20477); and authorized the
Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the
appropriation of $60,000 in unreserved Park Acquisition (Infill) (510) fund balance to
expenditure account 510.7021.56015.20477 - CIP - Reno - Area Lighting
Replacement.
3.16. Contract for purchase of equipment and installation services for the mixers at
Reservoirs 5, 8, and 10 from PAX Water Technologies as a sole source vendor.
ACTION: Approved contract with PAX Water Technologies for the purchase of
equipment and installation services of internal mixers for Reservoirs 5, 8, and 10; and
authorized the Mayor and City Clerk to execute on behalf of the City.
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3.17. Final Acceptance of Annual Sewer Line Replacement / Maintenance FY 21-22;
and authorization to file Notice of Completion.
ACTION: Accepted Annual Sewer Line Replacement / Maintenance FY 21-22 (Bid No.
21-22.18, S-245) as complete, and authorized staff to file Notice of Completion with the
County Recorder.
3.18. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange
Municipal Code by Enacting Ministerial Standards Applicable to Lot Splits in
Single-Family Residential Zones Allowed as a Result of SB 9, enacting Ministerial
Standards Applicable to the Location, Access, Size and Setback of Second
Dwelling Units in Single-Family Residential Zones Allowed as a Result of SB 9,
and Adding and Revising Definitions to Clarify Said Development Standards.
Ordinance No. 15-23.
ACTION: Adopted Ordinance No. 15-23.
3.19. Authorize continued rental services for portable restrooms and sinks with United
Rentals (North America), Inc. for the HUB Resource Center.
ACTION: Approved an increase to a blanket purchase order for a total of $52,000 with
United Rentals of California, Inc. for portable restroom and sink rentals.
3.20. Authorize continued rental services for mobile ADA shower stalls with Royal
Restrooms of California, Inc. for the HUB Resource Center.
ACTION: Approved an increase to a blanket purchase order for a total of $84,000 with
Royal Restrooms of California, Inc. for mobile shower rentals.
3.21. Adoption of Resolution No. 11499 establishing criteria and meeting information
for the Santiago Creek Commission.
Item 3.21 was removed from the Consent Calendar for separate consideration by
Mayor Slater.
Mayor Slater announced he is working with staff to split the Investment and Audit
Committee into two separate committees.
ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tem
Barrios, to: 1) Adopt Resolution No. 11499. A Resolution of the City Council of the City
of Orange rescinding Resolution No. 11492 and re-establishing the number of
members, qualifications for membership, purpose, compensation, and meeting
information for specified city boards, committees, and commissions; and 2) Direct the
City Clerk to post a Notice of Vacancy for the newly created positions pursuant to the
Maddy Act, Government Code Section 54974. The motion carried by the following
vote:
Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
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Approval of the Consent Calendar
Items 3.8 and 3.21 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, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
None
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Barrios)
Mayor pro tern Barrios highlighted the following local business: Old Towne Jalapenos
Mexican Grille.
5.2. Other Councilmember Reports
Councilmember Tavoularis announced Nohl Plaza shopping center (at Lincoln and
Tustin) was recently purchased by Regency Centers; she welcomed them to Orange.
Councilmember Tavoularis also announced that former assemblyman Jim Morrissey
passed away on November 5, 2023.
6. AB 1234 REPORTS
None
7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.1. Appointment of Orange County Mosquito and Vector Control District Board of
Trustees representative.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Gyllenhammer, that this Reports from Boards, Committees, Commissions be
Approved. The motion carried by the following vote:
Ayes: Barrios, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
Recuse: Dumitru
RECESS: The City Council recessed at 7:37 p.m. and reconvened at 7:47 p.m. with all
Members present, except Councilmember Gutierrez who was absent.
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8. ADMINISTRATIVE REPORTS
8.1. Implementation of permit parking on additional streets within Permit Parking
Opportunity Areas#1 and #3. Resolution No. 11500.
Public Speakers:
The following spoke in opposition of approval: Genny Vales, Elizabeth Mendoza, Marc
Ruggles, Mignon Mitchell, Maria Gil, and Aliza Formillen.
The following spoke in support of approval: John Bivens, Armando Molino, Clayton
Patchett, David Stinson, and Michael Rossi.
During deliberation Council discussed changing the restricted hours for permit parking
near the business on Devon Road and alternative parking options.
A motion was made by Mayor pro tern Barrios to remove PPOA #1 from Item 8.1 and
continue to a date certain. Motion failed for lack of a second.
After further discussion, a motion was made by Councilmember Dumitru to adopt
Resolution No. 11500 approving both permit parking areas. Motion failed for lack of a
second.
Mayor Slater requested to bifurcate the two permit parking opportunity areas.
A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tern
Barrios, to approve permit parking in PPOA#3 on:
Both sides of Mount Vernon Avenue between Wayfield Street and Le May Court.
Both sides of Park Lane between Mount Vernon Avenue and Sycamore Avenue.
Both sides of Martha Avenue east of Park Lane.
Both sides of Sycamore Avenue between Wayfield Street and Highland Street.
Both sides of Highland Street between Sycamore Avenue and the south terminus.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
A motion was made by Councilmember Dumitru, seconded by Mayor Slater to approve
permit parking in PPOA#1 as recommended in the staff report.
During discussion, Councilmember Gyllenhammer requested to amend the motion to
make the permit parking on Devon Road restricted to the hours between 4:00 p.m. and
9:00 a.m.
Councilmember Dumitru and Mayor Slater accepted the amendment.
An amended motion was made by Councilmember Dumitru, seconded by Mayor
Slater, to approve permit parking in PPOA#1 on:
Both sides of Bedford Road between Culver Avenue and La Veta Avenue.
Both sides of Devon Road between Palmyra Avenue and Culver Avenue between the
hours of 4:00 p.m. to 9:00 p.m.
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The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: Barrios
Absent: Gutierrez
8.2. Consideration of a Tenant Based Rental Assistance Program for security and
utilities deposit rental assistance to be funded out of the HOME Investment
Partnerships Program.
During discussion, staff confirmed if tenant action results in loss of deposit, the
applicant will be disqualified from future assistance. In addition, a stipulation can be
added that will require the tenant to be liable for the entire deposit if they vacate or
terminate a lease prior to legal expiration. Council also discussed how to incentivize
tenants to retain the full deposit amount.
During further discussion, staff indicated this type of program would meet the housing
requirement of the HOME-ARP grant funds. The funds must be used as a Tenant
Based Rental Assistance (TBRA) assistance or for affordable housing development
projects.
Written Public Comment
Barry Ross submitted an eComment in support of the program.
A motion was made by Councilmember Dumitru to continue this item to a date
uncertain.
In response to Council's questions, staff explained the funds must be used by June 30,
2024.
In light of this information, Councilmember Dumitru withdrew his motion.
A motion was made by Councilmember Gyllenhammer, seconded by Councilmember
Bilodeau, to direct staff to establish a program that includes:
1. Security deposit assistance to qualifying households.
2. Utility deposit assistance to qualifying households.
3. Participant referral from a supportive services organization serving residents of the
City of Orange as part of the qualification criteria for applying for the Tenant Based
Rental Assistance Program.
4. A preference criterion (in order of preference):
a. Current City of Orange resident with intention to continue to reside in the City of
Orange;
b. Families with children under 12;
c. Veterans with honorable discharge; and
d. Elderly as defined by the Social Security Administration as eligible for full retirement
qualification.
5. Security and utility deposits be paid directly to the landlord or property manager and
any remaining funds at the end of residency be returned to the City as Program
Income.
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6. The security and utility deposit assistance be defined as a grant, with any remaining
funds at the end of tenancy returned by the landlord directly to the City as program
income.
And the following additional guidelines as directed by Council:
7. Incentivize tenants to receive full deposit back at end of lease.
8. Tenants eligible for a security deposit through Cal Aim must use that program first.
9. If tenants lose over 50% of the deposit, they will be disqualified from using the
program in the future.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Gutierrez
9. REPORTS FROM CITY MANAGER
City Manager Kisela confirmed the citywide survey approved at the October 24, 2023,
Council meeting will consist of the following two subject matters: TOT and sales tax
increases.
10. ITEMS RELATED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY
10.1. Report from the Finance Director of the Industrial Development Authority of the
City of Orange.
Report was received and filed.
City Council recessed at 9:10 p.m. and reconvened in Closed Session at 9:15 p.m. with all
Members present, except Councilmember Gutierrez who was absent.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:28 p.m.
The next Regular City Council meeting will be held on Tuesday, November 28, 2023, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
P ELA COLEMA ANIEL R. SLATER
CITY CLERK MAYOR
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