01/23/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 13, 2024
MINUTES
City of Orange
City Council
January 23, 2024
The City Council of the City of Orange, California convened on Tuesday, January 23, 2024, 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: Dumitru, Tavoularis, Gutierrez, and Slater
Absent: Barrios, Bilodeau, and Gyllenhammer
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Written Public Comment
Reggie Mundekis submitted an eComment in support of an amicus brief to the
Supreme Court regarding the City of Grants Pass case.
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present,
except Mayor pro tem Barrios, Councilmember Bilodeau, and Councilmember
Gyllenhammer who were absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case
Name of Case: Mary's Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070
b. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9(a), (d)(1) & (d)(4)- One case
Name of Case: Gloria Johnson, et. al. v. City of Grants Pass
United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752; 20-35881
United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL
The reason for holding a closed session is for the purpose of conferring with and/or
receiving advice from the City's legal counsel and to receive direction from the City
Council regarding the possible filing and/or participation in an amicus brief in this case.)
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4. CLOSED SESSION REPORT
Unanimous approval was given by the City Councilmembers present for the City to
participate in an amicus brief to the United States Supreme Court in support of the
appeal by the City of Grants Pass in the case Gloria Johnson, et. al. v. City of Grants
Pass, United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;
20-35881.
5. ADJOURNMENT
Closed Session was adjourned at 5:40 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:05 p.m.
1.1 INVOCATION
Given by Pastor William Johnson from First United Methodist Church.
1.2 PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Presented and led by Boy Scout Troop 1475 and Cub Scout Pack 1475.
1.3 ROLL CALL
Present: Dumitru, Tavoularis, Gutierrez, and Slater
Absent: Barrios, Bilodeau, and Gyllenhammer
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Thomas Broz.
Orange Public Library Foundation Presentation to the Orange Public Library.
Proclamation honoring the Woman's Club of Orange for their Service to the
Community.
1.5 REPORT ON CLOSED SESSION ACTIONS
City Attorney Vigliotta reported unanimous approval was given by the City
Councilmembers present for the City to participate in an amicus brief to the United
States Supreme Court in support of the appeal by the City of Grants Pass in the case
Gloria Johnson, et. al. v. City of Grants Pass, United States Court of Appeals for the
Ninth Circuit Case Nos. 20-35752; 20-35881.
2. PUBLIC COMMENTS
Public Speakers:
Robert S. urged Council not to get involved in OUSD politics.
Bill Masters urged Council not to get involved in OUSD politics.
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Carol Walters spoke about the solid waste rates.
James Kushon discussed proposed bill AB 734 that would prohibit youth tackle football
under the age of 12.
Patty Cabada urged Council not to get involved in OUSD politics.
Written Public Comment
Janice Brownfield emailed about the solid waste agreement with CR&R.
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 Verde Design, Inc. for architectural and engineering design
services for El Modena Park ball field netting as part of the El Modena Area
Renovation project and finding of CEQA exemption.
Item 3.2 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
During discussion staff responded to Council's questions regarding the bathrooms at El
Modena Park, and indicated they will explore making the bathrooms ADA compliant.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Tavoularis, to: 1) Approve agreement with Verde Design, Inc. in an
amount not to exceed $128,216 for design of a ball field netting project as part of the El
Modena Area Renovation Project; and authorize the Mayor and City Clerk to execute
on behalf of the City; and 2) Find 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. The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
3.3. Agreement with Cullen & Associates, Inc., for an Interim Assistant Finance
Director position.
ACTION: Approved the agreement with Cullen & Associates, Inc. in the amount of
80,000 for assistance in the daily oversight and management of the activities in the
Finance Department; and authorized the Mayor and City Clerk to execute on behalf of
the City.
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3.4. Software Services Agreement with Fifth Asset, Inc. d/b/a DebtBook for
Accounting for Debt Service, Leases, and Subscription Based Information
Technology Arrangements.
ACTION: Approved the agreement with Fifth Asset, Inc. d/b/a DebtBook in the amount
of $43,500 for a software subscription to track the City's debt service obligations,
leases, and Subscription Based Information Technology Arrangements; and authorized
the Mayor and City Clerk to execute on behalf of the City.
3.5. Lease Agreement between the City of Orange and Orange Children and Parents
Together.
ACTION: Approved the ten-year Lease Agreement, with two five-year extensions,
between the City and Orange Children and Parents Together; and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.6. Third Amendment to Agreement with Tetra Tech, Inc. for providing geotechnical
and construction support services for Well 28 Equipping and Public Pocket Park
Construction Project.
ACTION: Approved the Third Amendment for $83,500 with Tetra Tech Inc. bringing the
total contract to a not to exceed amount of $938,200; and authorized the Mayor and
City Clerk to execute on behalf of the City.
3.7. Appropriation of $36,260 in designated donation funding received from the
Orange Public Library Foundation.
ACTION: 1) Accepted into the City's budget a $36,260 donation from Orange Public
Library Foundation, into revenue account number 100.2001.48390.19322, General
Fund - Orange Public Library Foundation.
2) Authorized the appropriation of $36,260 into the following expenditure account
numbers:
20,000 100.2004.55131.19322 Furniture & Machinery
16,260 100.2001.53001.20307 Materials & Supplies
3.8. Award of Sourcewell Contract to Horizons Construction Company International,
Inc. for facility repairs, maintenance, and safety improvements; and finding of
CEQA exemption.
ACTION: 1) Approved contract with Horizons Construction Company International, Inc.
for $146,563, representing an original amount of $127,446 plus a 15% contingency of
19,117 for facility repairs, maintenance, and safety improvements; and authorized the
Mayor and City Clerk to execute on behalf of the City; and 2) 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.
3.9. Award of Contract to Gentry General Engineering, Inc. for Community
Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act
Wheelchair Access Ramp Replacement Project; and authorize Amendment to the
2023-2024 Annual Action Plan to increase funding for the project; Bid No.
23-24.18.
ACTION: 1) Authorized the Amendment to the Memorandum of Understanding to
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increase the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp
Project by $10,000, for a total not-to-exceed amount of $100,000; and authorized the
City Manager or his designee to execute the amendment on behalf of the City; 2)
Authorized the Amendment to the 2023-2024 Annual Action Plan to increase the
allocation to the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp
Project by $10,000 to a total allocation of $100,000 and submit the Amendment to the
Department of Housing and Urban Development (HUD); 3) Authorized the transfer of
10,000 from expenditure account 310.9645.56020.20503, CIP-Building and
Improvements to expenditure account 310.9645.56330.11328, ADA Improvements -
Curbs; and 4) Approved contract with Gentry General Engineering, Inc. in the total
amount of $86,570, representing an original amount of $78,700, plus a 10%
contingency of $7,870, for Community Development Block Grant Fiscal Year
2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement
Project; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.10. City Traffic Commission Activity Report for 2023.
ACTION: Received and filed.
3.11. Approval of temporary street closures for approved special events. Resolution
No.11520.
ACTION: 1) Adopted Resolution No.11520. A Resolution of the City Council of the City
of Orange approving the temporary closure of sections of public streets for approved
special events; and 2) Approved closure of municipal parking lots and temporary
suspension of neighborhood permit parking restrictions for certain events and dates
occurring in Fiscal Years 2023-2024 and 2024-2025.
3.12. Memorandum of Understanding between the City of Orange and the Orange City
Firefighters, Inc. Local 2384 of the International Association of Fire Fighters,
AFL-CIO. Resolution No. 11521.
ACTION: Adopted Resolution No. 11521. A Resolution of the City Council of the City of
Orange repealing Resolution No. 11274 and all amendments thereto and approving the
Memorandum of Understanding between the City of Orange and the Orange City
Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL-CIO
concerning wages, hours, and other terms and conditions of employment effective July
1, 2023, through June 30, 2026.
Approval of the Consent Calendar
Item 3.2 was removed from the Consent Calendar and heard separately. All other
items were approved as recommended.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Tavoularis, to approve the Consent Calendar as recommended. The motion carried by
the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR SLATER
Mayor Slater announced he expects to make recommendations for appointment to the
Santiago Creek Commission at the next Council meeting.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru announced he (along with Mayor Slater and Councilmembers
Bilodeau and Gyllenhammer) attended the Orange County Board of Supervisor's
meeting in which the Board unanimously voted to change the name of Justice Center
Way to "Steiner Way" in honor of William Steiner.
Councilmember Tavoularis announced that the old nursery located at Lincoln &
Glassell has been demolished making way for a new parking lot that will help alleviate
parking issues at Olive Park. She also announced that the brick wall along Riverdale
and the Santa Ana River (between Orange Olive and Glassell) was torn down. She
thanked Public Works staff for their efforts.
6. AB 1234 REPORTS
None
7. ADMINISTRATIVE REPORTS
7.1. Professional Services Agreement with CityThinkers, Inc. for urban design
services to develop a design concept for the West Katella Avenue area.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Gutierrez, to: 1) Approve the transfer of $55,000 from 952.9810.56020.20247, Building
and Improvements - SAORA Capital, to 952.9810.51670.20541, Prof & Consulting -
West Katella District; and 2) Approve the agreement with CityThinkers, Inc. in the
amount of $55,000 for urban design services; and authorize the Mayor and City Clerk
to execute on behalf of the City. The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
7.2. Affordable Housing Agreement between the City of Orange and Orange 702, L.P.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to:
1) Approve the Affordable Housing Agreement between the City of Orange and Orange
702, L.P. in the amount of $2,200,000; and authorize the Mayor and City Clerk to
execute on behalf of the City.
2) Authorize the City Manager to execute the Agreement, substantially in the form
attached, with any minor, non-substantive changes approved by the City Attorney.
3) Authorize the City Manager to execute any and all documentation in furtherance of
the Agreement, including, but not limited to, any attachments to the Agreement and
any necessary subordination agreements.
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4) Authorize the appropriation of $2,200,000 from the Low and Moderate Income
Housing Asset Fund (921) unreserved balance to expenditure account number
921.9810.56571.20540 - Rehab/Dev Loans - Orion Project. Estimated fund balance
after appropriation is $955,000.
The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
7.3. Consideration of City Council resolutions memorializing the Orange City
Council's position on forthcoming ballot measures in March and November 2024.
Sean McReynolds, Senior Associate with Townsend, provided Council a Legislative
update.
During discussion, Councilmember Gutierrez suggested waiting to consider the
remaining two resolutions as those measures will not appear on the ballot until
November. With Council consensus, consideration of Resolution Nos. 11523 and
11524 were continued to a meeting in April.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Dumitru, to adopt Resolution No. 11525. A Resolution of the City Council of the City of
Orange, California, opposing Proposition 1, Behavioral Health Services Program and
Bond Measure, which has been placed on the March 5, 2024, Statewide Presidential
Primary Election Ballot. The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
8. REPORTS FROM CITY MANAGER
None
9. PUBLIC HEARINGS
9.1. Public Hearing to consider an amendment to the 2020-2024 Consolidated Plan to
add a Tenant Based Rental Assistance Program and updates to the Citizen
Participation Plan.
Mayor Slater opened the Public Hearing at 7:21 p.m.; there being no speakers, Mayor
Slater closed the Public Hearing at 7:21 p.m.
Councilmember Gutierrez requested staff post CDBG public notices at El Modena and
Taft Library Branches in addition to the regular posting locations.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to: 1) Approve the draft amendment to the 2020-2024 Consolidated Plan; 2)
Approve the updates to the Citizen Participation Plan; and 3) Authorize staff to
incorporate comments received for the amendment to the 2020-2024 Consolidated
Plan at the Public Hearing before submitting to the Department of Housing and Urban
Development.
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The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, and Slater
Noes: None
Absent: Barrios, Bilodeau, and Gyllenhammer
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:22 p.m. in Memory of
Thomas Broz.
The next Regular City Council meeting will be held on Tuesday, February 13, 2024, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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