11/28/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 12, 2023
MINUTES
City of Orange
City Council
November 28, 2023
The City Council of the City of Orange, California convened on Tuesday, November 28, 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 5:02 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 5:03 p.m. with all Members present,
except Councilmember Bilodeau who was absent, to discuss the following:
Item 3(a) was not discussed.
a. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1)— One case
In re Aqueous Film-Forming Foams Products Liability Litigation
United States District Court Case No. 2:18-mn-02873
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, and
Water Division Employees' Association
4. CLOSED SESSION REPORT
None
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5. ADJOURNMENT
Closed Session was adjourned at 5:20 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:04 p.m.
1.1 INVOCATION
Given by Kylee Simonton from HUB Resource Center.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Absent: Bilodeau
1.4 PRESENTATIONS/ANNOUNCEMENTS
Children's Hospital of Orange County Mental Health Presentation by Dr. Heather
Huszti, CHOC's Chief Psychologist, and Gabby Hernandez, Mental Health Supervisor.
Mayor Slater announced the City's annual Tree Lighting Ceremony and Candlelight
Choir Procession will be on December 3, in the Old Towne Orange Plaza.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers:
Tim Smith commented on the Veterans Day events hosted by Orange Police
Department.
Carole Walters spoke about parking issues in the Old Towne area.
Kathryn Jenkins spoke about the fatalities on Shattuck on Thanksgiving Day and raised
concerns with the speeding traffic in the neighborhood.
John Lee spoke about the fatalities on Shattuck on Thanksgiving Day and raised
concerns with the speeding traffic in the neighborhood.
Written Public Comment
Janice Brownfield emailed about the opening of Santa Ana's Santiago Park adjoining
Hart Park in Orange.
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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 Smithson Electric, Inc. for On-Call Traffic Signal Services Loop
Detector Installation and Replacement.
ACTION: Approved agreement with Smithson Electric, Inc. for an initial term of two
years in the amount of $60,000 for On-Call Maintenance and Repair Services for Loop
Detectors; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.3. Agreement with the County of Orange for Fiscal Year 2022-2023 Edward Byrne
Memorial Justice Assistance Grant.
ACTION: 1) Approved the agreement with the County of Orange in the amount of
12,884 for Fiscal Year 2022-2023 Edward Byrne Memorial Justice Assistance Grant
Program; and authorized the City Manager to execute on behalf of the City; 2)
Accepted into the City's revenue budget $12,884 in grant funds from the County of
Orange, into revenue account number 353.4011.45150.30234, Federal Grants-2023
JAG; and 3) Authorized the appropriation of $12,884 into expenditure account number
353.4011.55131.30234, Equipment- 2023 JAG.
3.4. First Amendment to Agreement with AECOM Technical Services, Inc. for
environmental, hydraulics, geotechnical and survey services for the Santiago
Bike Trail Phase IV Project.
ACTION: 1) Approved the First Amendment to Agreement with AECOM for
environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail
Phase IV Project; and authorized the Mayor and City Clerk to execute on behalf of the
City; and 2) Authorized the transfer of $43,000 from expenditure account number
500.5011.56330.13120 Pavement Management Program to expenditure account
number 500.5011.56330.20325 Santiago Bike Trail Phase IV.
3.5. Approval of plans and specifications for Community Development Block Grant
Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation,
authorization to advertise for bids, and finding of CEQA exemption.
ACTION: Approved plans and specifications; authorized advertising for Bid No.
23-24.17 (SP-4264); and found that the proposed project is categorically exempt from
the provisions of the California Environmental Quality Act (CEQA) per State CEQA
Guidelines 15301 "Existing Facilities" Class 1.
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3.6. Approval of plans and specifications for Landscape Renovation at White Oak
Ridge between Newport Blvd. and Trails End Ln.; authorization to advertise for
bids; and finding of CEQA exemption.
Note: Councilmember Gyllenhammer abstained due to a potential conflict with a
nearby property interest.
ACTION: Approved plans and specifications; and authorized advertising for Bid No.
23-24.20.
3.7. Award of Contract to LCR Earthwork & Engineering, Corp. for Annual Concrete
Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11.
ACTION: Approved contract with LCR Earthwork & Engineering, Corp. in the amount of
1,454,640, representing an original amount of $1,322,400 plus a 10% contingency of
132,240 for Annual Concrete Replacement at Various Locations, Fiscal Year
2023-2024; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8. Third Amendment to Contract with Diversified Thermal Services, Inc. for
preventive maintenance of heating, ventilation, and air conditioning equipment at
various City facilities.
ACTION: Approved the Third Amendment with Diversified Thermal Services, Inc. in the
amount of $159,000 for preventive maintenance for heating, ventilation, and air
conditioning equipment at various city facilities; and authorized the Mayor and City
Clerk to execute on behalf of the City.
3.9. Adoption of Resolution No. 11501 authorizing the City Manager and City Attorney
to perform claims procedures and functions under the California Government
Claims Act and amending Resolution No. 8966 to increase settlement authority
amounts for designated employees.
ACTION: Adopted Resolution No. 11501. A Resolution of the City Council of the City of
Orange adopted pursuant to Government Code Section 935.4 of the California
Government Claims Act ("Act") authorizing the City Manager and City Attorney to
perform administrative functions under the Act and amending Resolution No. 8966 to
increase the settlement authority amounts for designated employees for settlement of
civil liability claims against the City.
3.10. Adoption of Resolution 11502 delegating certain authority to the City Manager
related to the approval and administration of contracts, agreements, instruments
and conveyances.
Mayor Slater announced staff requested to remove Item 3.10 from the agenda. No
action was taken on this item.
ACTION: This matter was withdrawn.
3.11. Classification, compensation, and terms of employment of Part-Time and Limited
Duration employees for the period of January 1, 2024, through December 31,
2024. Resolution No. 11503.
ACTION: Adopted Resolution No. 11503. A Resolution of the City Council of the City of
Orange relating to the classification, compensation, and terms of employment for
Part-time and Limited Duration employees of the City of Orange effective January 1,
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2024, through and including December 31, 2024, and repealing Resolution No. 11423
and amendments thereto.
3.12. Adoption of Resolution No. 11505 specifying the date, time, and place for the
Santiago Creek Commission, Community Development Block Grant Program
Committee, and the Investment and Audit Committee regular meetings.
ACTION: Adopted Resolution No. 11505. A Resolution of the City Council of the City of
Orange Rescinding Resolution No. 11499 and re-establishing the number of members,
qualifications for membership, purpose, compensation and meeting information for
specified City Boards, Committees and Commissions by specifying meeting date, time,
and place for the Santiago Creek Commission, Community Development Block Grant
Program Committee, and the Investment and Audit Committee.
Approval of the Consent Calendar
Councilmember Gyllenhammer abstained from Item 3.6. Item 3.10 was removed from
the agenda. All other 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, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
4.1. Leasing of former Fire Headquarters property
Mayor Slater proposed leasing the former Fire Headquarters property to a local church
and the Regimes Museum. He announced that Rabbi Eliezer Gurary had submitted a
letter of support for the museum.
Council discussed safety concerns, liability, and current condition of building. After
further discussion, staff was directed to evaluate the current condition of the building
and feasibility of occupancy; and to explore lease opportunities for short term usage of
the former Fire Headquarters property.
RECESS: The City Council recessed at 7:00 p.m. and reconvened at 7:06 p.m. with all
Members present, except Councilmember Bilodeau who was absent.
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: El Molino do Oro.
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5.2. Community Needs Assessment Survey (Barrios)
Mayor pro tern Barrios emphasized the importance of a needs assessment survey for
the City.
6. AB 1234 REPORTS
None
7. ADMINISTRATIVE REPORTS
7.1. Agreement with Kosmont&Associates, Inc. for economic development services.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios,
to approve the agreement with Kosmont & Associates, Inc. in the amount of $31,000
for economic development services; 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, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
7.2. Agreement with Kelly Associates Management Group LLC to facilitate and
update the City's Strategic Plan.
During discussion, Bill Kelly, Kelly Associates Management Group, answered Council's
questions regarding the strategic planning process and public input.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember
Gyllenhammer, to approve the agreement with Kelly Associates Management Group
LLC in the amount of $20,000 to update the City's Strategic Plan; 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, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
8. REPORTS FROM CITY MANAGER
8.1. Fiscal Year 2023-24 General Fund First Quarter Budget Report.
Budget Manager Michelle Kresan and Assistant Finance Director Katrin Bandhauer
provided an overview of the First Quarter revenues and expenditures.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
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
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9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 14-23 adding Chapter 2.13 to
Title 2 of the Orange Municipal Code Related to Lobbyist Registration and
Reporting.
A motion was made by Councilmember Tavoularis, seconded by Mayor pro tem
Barrios, to introduce and conduct First Reading of Ordinance No. 14-23. An Ordinance
of the City Council of the City of Orange adding Chapter 2.13 to Title 2 of the Orange
Municipal Code Related to Lobbyist Registration and Reporting. The motion carried by
the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
10. PUBLIC HEARINGS
10.1. Public Hearing to consider conduit tax-exempt bond financing for "The Orion"
Senior Affordable Housing Project, Tax Equity and Fiscal Responsibility Act
TEFRA) Hearing and finding of CEQA exemption.
Mayor Slater opened the Public Hearing at 7:45 p.m.; there being no speakers, Mayor
Slater closed the Public Hearing at 7:45 p.m.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to:
1) Find that this action is not a project as defined by the California Environmental
Quality Act (CEQA).
2) Adopt Resolution No. 11504. A Resolution of the City Council of the City of Orange
approving a plan of finance including the issuance of revenue bonds by the California
Municipal Finance Authority in an aggregate principal amount not to exceed
45,000,000 to finance and refinance a qualified rental project for the benefit of
Orange 702, L.P., a California Limited Partnership, and certain other matters relating
thereto, located at 1800 E. La Veta Avenue.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater
Noes: None
Absent: Bilodeau
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:46 p.m.
The next Regular City Council meeting will be held on Tuesday, December 12, 2023, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
CT:744-1-aptativL
PAMELA COLEM ANIEL R. SLATER
CITY CLERK MAYOR
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