09/12/2023 - Council MinutesCity of Orange
City Council
September 12, 2023
MINUTES
The City Council of the City of Orange, California convened on Tuesday, September 12,
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
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 present to
discuss the following:
a.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – ANTICIPATED
LITIGATION
Pursuant to Government Code Section 54956.9(a), (d)(1) & (d)(4)
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.)
Item 3(b) was not discussed.
b.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
(One potential case)
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4.CLOSED SESSION REPORT
City Council gave unanimous approval to the City Attorney to participate in an amicus
brief filed with the United States Supreme Court in the case of Gloria Johnson, et. al.
v. City of Grants Pass, United States Court of Appeals for the Ninth Circuit Case Nos .
20-35752; 20-35881 and United States District Court for the District of Oregon Case
No. 1:18-cv-01823-CL.
5.ADJOURNMENT
Closed Session was adjourned at 5:30 p.m.
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 Sister Paulette Deters from Sisters of St. Joseph of Orange.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.
1.3 ROLL CALL
Present:Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent:None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing Jeremy Zoch for 11 years of service to Providence St .
Joseph Hospital.
Proclamation recognizing September as Service Clubs Month.
Proclamation recognizing September as Hunger Action Plan Month.
Mayor Slater announced a Movie in the Park event on Friday, September 22 at 7:00
p.m. at El Camino Real Park.
1.5 REPORT ON CLOSED SESSION ACTIONS
City Attorney Vigliotta reported unanimous approval was given by the City Council to
participate in an amicus brief filed with the United States Supreme Court in the case of
Gloria Johnson, et. al. v. City of Grants Pass, United States Court of Appeals for the
Ninth Circuit Case Nos. 20-35752; 20-35881 and United States District Court for the
District of Oregon Case No. 1:18-cv-01823-CL.
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City Council Minutes September 12, 2023
ITEMS TO BE ADDED, REMOVED, OR RE-ORDERED ON AGENDA:
Mayor Slater announced that staff is requesting to remove Item 7.3 from the agenda
and he is requesting to remove Item 9.2.
A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tem
Barrios, to remove Items 7.3 and 9.2 from the agenda. The motion carried by the
following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
2.PUBLIC COMMENTS
Public Speakers:
Vernon Durant spoke about an issue with a child runaway.
Dan Parks invited the community to the Old Towne Film Festival taking place on
September 29-October 1.
Carole Walters commented on the International Street Fair that took place at the
beginning of September.
Mark Voss & Heather Moore spoke about finding a permanent exhibition space to
house their Regimes Museum collection.
Written Public Comment
Janice Brownfield emailed in support of making City Hall more energy efficient and
sustainable.
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 August 2, 3, 10, 16, 17, 24 and 31, 2023.
ACTION: Approved as presented.
3.3.Approval of minutes of the City of Orange City Council Regular Meeting held on
August 22, 2023.
ACTION: Approved minutes as presented.
3.4.Agreement with Major League Infields, Inc. for maintenance of baseball and
softball infields at City parks.
Item 3.4 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
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Staff responded to Council's questions about the user group fees.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Tavoularis, to approve agreement with Major League Infields, Inc. in
the amount of $211,120; and authorize the Mayor and City Clerk to execute on behalf
of the City. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
3.5.Agreement with Orange County Water District (OCWD) for Repair and
Maintenance of drainage facilities and adjacent slope stabilization.
ACTION: 1) Approved the Repair and Maintenance Agreement with the Orange County
Water District and authorized the Mayor and City Clerk to execute on behalf of the City;
and 2) Authorized the City Manager to execute any future documents related to this
action to effect revisions, adjustments, or clarifications of the details and performance
of the parties appropriate to further the intended purposes of the Agreement.
3.6.Agreement with the City of Anaheim for Fiscal Year 2021-2022 Urban Areas
Security Initiative grant.
ACTION: Approved the agreement with the City of Anaheim for Fiscal Year 2021-2022
Urban Areas Security Initiative grant; and authorized the City Manager to execute on
behalf of the City.
3.7.Agreement with the HUB OC for services to those experiencing homelessness,
at-risk of homelessness, victims of domestic violence, and other qualifying
populations under the HOME Investment Partnerships Program American
Rescue Plan.
ACTION: Approved agreement with The HUB OC in the amount of $789,661 for
services to those experiencing homelessness, at -risk of homelessness, victims of
domestic violence, and other qualifying populations under the HOME Investment
Partnerships Program American Rescue Plan; and authorized the Mayor and City Clerk
to execute on behalf of the City.
3.8.First Amendment to Agreement with Kane, Ballmer & Berkman to provide
attorney services for affordable housing loans.
Note: There was a clerical error in the agenda title. Title should read "Agreement with
Kane, Ballmer, & Berkman..." with a strikethrough the words "First Amendment to." Per
City Attorney, the agreement is an original agreement (not a First Amendment).
ACTION: 1) Approved the appropriation of $30,000 from the Low & Moderate Income
Housing Asset Fund (921) unreserved fund balance to expenditure account
921.6041.51670.00000 . Estimated fund balance after appropriation is $3,155,000 for
Fiscal Year 2024; and 2) Approved the Agreement with Kane, Ballmer & Berkman for
$30,000 to provide attorney services for affordable housing loans as needed; and
authorized the Mayor and City Clerk to execute on behalf of the City.
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3.9.Appropriation of $18,024.57 in designated funding received from the State of
California Office of Emergency Services.
ACTION: 1) Accepted into the City ’s revenue budget an $18,024.57 deposit from the
State of California Office of Emergency Services, into revenue account number
100.4011.48210.20131 CALNENA; and 2) Authorized the appropriation of $18,024.57
into the following expenditure account numbers for Fiscal Year 2022-2023: $5,090.06
into account number 100.4011.51830.20131 , Overnight Training Conference -
CALNENA; $2,285 into account number 100.4011.51840.20131 , Local Training,
Conference - CALNENA; and $10,649.51 into account number 100.4012.50002.20131,
Regular Salaries - CALNENA.
3.10.Appropriation of $6,396 in revenue from Recreation class programs.
ACTION: 1) Accepted into the City ’s Fiscal Year 2023-2024 revenue budget $6,396 in
recreation class revenue into account 100.7001.46540.00000 , Recreation Classes; and
2) Authorized the appropriation of $4,477.20 in the following Fiscal Year 2023-2024
expenditure account number 100.7011.51670.00000, Other Professional and
Consulting Services.
3.11.Appropriation of $124,320.43 in National Opioid Settlement funds from
California’s State-Subdivision Agreements.
ACTION: 1) Accepted into the City’s revenue budget $124,320.43 in National Opioid
Settlement funds from California ’s State-Subdivision Agreements, into revenue account
number 100.3015.43440.30227 , General Fund - Opioid Funds; and 2) Authorized the
appropriation of $124,320.43 into expenditure account number 125.3015.53510.30227,
EMT Transport, Fire/Paramedic Medical Supplies- Opioid Funds.
3.12.Appropriation of $40,475.58 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted into the City ’s revenue budget $40,475.58 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.xxxxx):
$ 40,475.58 .40330 - OES Pre-Position #230040
2) Authorized the appropriation of $37,762.98 into the expenditure account numbers
for Overtime-Safety as follows:
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 37,762.98 .40330 - OES Pre-Position #230040
3) Authorized the appropriation of $1,908.60 into the expenditure account numbers for
Strike Team Expenditures as follows:
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 1,908.60 .40330 - OES Pre-Position #230040
4) Authorized the appropriation of $804.00 into the expenditure account numbers for
Motor Vehicle Replacement as follows:
Motor Vehicle Replacement (expenditure account 720.5023.55212.xxxxx)
$ 804.00 .40330 - OES Pre-Position #230040
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3.13.Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1.John Samy Farag
2.Colleen Phillips
3.Elie Sayegh
4.Gloria Azucena Ac Caal
5.Michael Loomis
6.David Castanon
3.14.Award of Contract to Superior Pavement Markings, Inc. for the Annual Traffic
Striping, Pavement Markings, and Raised Pavement Markers Installation project;
Bid No. 23-24.01.
ACTION: Approved a contract with Superior Pavement Markings, Inc. for an initial term
of three years in the amount of $498,105 for the Annual Traffic Striping, Pavement
Markings, and Raised Pavement Markers Installation Project; and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.15.Award of Contract to Pavement Coatings Co. for Annual Slurry Seal at Various
Locations, FY 23-24; Bid No. 23-24.03.
Note: Councilmember Bilodeau abstained due to a potential conflict with a property
interest.
ACTION: Approve the contract with Pavement Coatings Co. in the amount of
$680,350, representing an original amount of $618,500, plus a 10% contingency of
$61,850, for Annual Slurry Seal at Various Locations, FY 23-24; and authorize the
Mayor and City Clerk to execute on behalf of the City.
3.16.Authorize purchase of furniture, fixtures, and site furnishings from Interior Office
Solutions, Inc. dba People Space.
Item 3.16 was removed from the Consent Calendar for separate consideration by
Councilmember Dumitru.
In response to Council's questions, staff confirmed that the identified funds could be
used for this type of purchase.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Tavoularis, to:
1) Approve the purchase of furniture from Interior Office Solutions, Inc. dba People
Space in the amount of $450,000.
2) Approve the purchase of cabling services from Mark IV Communications Inc. in the
amount of $30,000.
3) Authorize the appropriation of $250,000 from AB3229/COPS Supplemental Law
Enforcement Services (354) unreserved fund balance to expenditure account number
354.4011.55131.00000 , AB3229/COPS Supplemental Law Enforcement Services -
Furniture, Machinery, Equipment Additions.
4) Authorize the appropriation of $30,000 from Police Facility Fees (570) unreserved
fund balance to expenditure account number 570.4011.51401, Repairs to Building and
Fixed Equipment.
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The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
3.17.Authorize the purchase of two ambulances for the Orange Fire Department
through a Cooperative Purchasing Agreement.
ACTION: Approved the purchase of two Type 1 Ambulances from Southwest
Ambulance Sales for $569,369.
3.18.Declare the property located on the south side of 2045 East Palmyra Avenue as
surplus to the City’s needs, authorize the disposal of the property, and finding of
CEQA exemption. Resolution No. 11491.
Item 3.18 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Councilmember Gutierrez explained she visited the lot with the City Manager. Staff
displayed photos that were taken during Councilmember Gutierrez's site visit. After
visiting the site, Councilmember Gutierrez indicated she was in support of surplussing
the property.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Tavoularis, to adopt Resolution No. 11491. A Resolution of the City
Council of the City of Orange declaring that certain City -owned real property located on
the south side of 2045 East Palmyra Avenue in the City of Orange is exempt surplus
land pursuant to Government Code Section 54221 and finding that the foregoing action
is exempt from review under the California Environmental Quality Act. The motion
carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
3.19.Adoption of Resolution 11492 resetting the time of the Planning Commission
regular meetings.
ACTION: Adopted Resolution No. 11492. A Resolution of the City Council of the City of
Orange Rescinding Resolution No. 11466 and re-establishing the number of members,
qualifications for membership, purpose, compensation and meeting information for
specified City Boards, Committees and Commissions with a change in the meeting
time for Planning Commission from 7:00 p.m. to 5:30 p.m.
3.20.Memorandum of Understanding between the City of Orange and the City of
Orange Police Management Association. Resolution No. 11493.
ACTION: Adopted Resolution No. 11493. A Resolution of the City Council of the City of
Orange repealing Resolution No. 11273 and amendments thereto approving the
Memorandum of Understanding between the City of Orange and the City of Orange
Police Management Association bargaining unit concerning wages, hours, and other
terms and conditions of employment effective July 1, 2023, through June 30, 2026.
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Approval of the Consent Calendar
Items 3.4, 3.16, and 3.18 were removed from the Consent Calendar and heard
separately. Councilmember Bilodeau abstained from Item 3.15. All other items were
approved as recommended.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez,
to approve the Consent Agenda. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
END OF CONSENT CALENDAR
* * * * * * * *
4.REPORTS FROM MAYOR SLATER
Mayor Slater invited Adam Feliz, International Street Fair Board President, to provide a
recap of this year's street fair.
5.REPORTS FROM COUNCILMEMBERS
5.1.La Veta Monterey Condominiums Update (Dumitru)
Public Speaker:
Betty Talbert thanked staff, Council, and Senator Umberg's office for the assistance
during the condominium gas issue.
Councilmember Dumitru provided an update on the La Veta Monterey Condo gas line
issues. There are 93 units still without gas; however, all units should have gas by the
end of the week.
5.2.Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Champ Shoe
Repair.
5.3.Other Councilmember Reports
Councilmember Tavoularis announced the inside of the Orange Mall (The Village at
Orange) will be closing on January 31, 2024. She indicated that this will not affect the
Sears or JC Penney properties as they are independently owned.
6.AB 1234 REPORTS
None
7.ADMINISTRATIVE REPORTS
7.1.Recommendations for the name of the Pocket Park at Well 28.
Community Services Assistant Director Emily Bustamante provided the staff report and
answered Council's questions regarding the three choices brought forward by the Park
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Planning & Community Events Commission subcommittee. Council discussed possibly
combining the subcommittee's first and second choice into Cypress Antepasado Park .
There was general support for the subcommittee's second choice of Antepasado Park
and the combined choice of Cypress Antepasado Park.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Gutierrez, to name the Pocket Park at Well 28 Antepasado Park. The motion carried by
the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
7.2.Implementation of permit parking on both sides on Greengrove Street from
Meats Avenue to the southern terminus and both sides of Del Mar Avenue from
Cambridge to Greengrove Streets. Resolution No. 11488.
Transportation Analyst Dave Allenbach provided the staff report and answered
Council's questions.
Public Speaker:
Ben Figueroa requested the inclusion of Lindenhold.
In response to Council's questions, staff stated Public Works Traffic Division received a
permit parking petition for Lindenhold; it will be placed on a future Traffic Commission
agenda for consideration.
A motion was made by Councilmember Tavoularis, seconded by Councilmember
Gutierrez, to: 1) Approve permit parking on both sides on Greengrove Street from
Meats Avenue to the southern terminus and both sides of Del Mar Avenue from
Cambridge to Greengrove Streets; and 2) Adopt Resolution No. 11488. 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:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
7.3.Consideration of Potential Grand Street Parking Lot Preliminary Design
Alternatives and Recommendations.
Item 7.3 was previously removed from the agenda. The item was not discussed.
8.REPORTS FROM CITY MANAGER
8.1.Short Term Rentals Program Update
City Manager Kisela provided Council with an update on the Short Term Rentals
program including number of active and closed code enforcement cases. Staff will
return at a later time with an amended ordinance.
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8.2.Summer Programs Update
Community Services Director Leslie Hardy provided Council with an update on the
2023 Summer Program.
9.LEGAL AFFAIRS
9.1.Introduction and First Reading of an ordinance amending Chapter 3.08 of Title 3
of the Orange Municipal Code updating the City’s purchasing system. Ordinance
No. 12-23.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gutierrez, to introduce and conduct First Reading of Ordinance No. 12-23. 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 to update City's Purchasing System. The
motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
9.2.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.
Item 9.2 was previously removed from the agenda. The item was not discussed.
10.ADJOURNMENT
There being no further business, the meeting was adjourned at 8:05 p.m..
The next Regular City Council meeting will be held on Tuesday, September 26, 2023,
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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