09/10/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 8, 2024
MINUTES
City of Orange
City Council
September 10, 2024
The City Council of the City of Orange, California convened on Tuesday, September 10,
2024, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue,
Orange, California.
Pursuant to California Government Code Section 54953(b), Councilmember Gyllenhammer
participated in this meeting via teleconference from Omni Scottsdale Resort and Spa at
Montelucia, Prado Meeting Room, 4949 East Lincoln Drive, Scottsdale, AZ 85253. A copy of
the agenda was posted at this location.
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
Mayor pro tern Barrios and Councilmember Gutierrez joined Closed Session at 5:03 p.m.
Councilmember Gyllenhammer joined Closed Session via teleconference 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 Mayor pro tern Barrios and Councilmember Gutierrez who joined Closed
Session at 5:03 p.m. and Councilmember Gyllenhammer who joined Closed Session at
5:05 p.m., 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: The Orange JCP Project Owner, LLC v. City of Orange
Orange County Superior Court Case No. 30-2024-01415352
b. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9. (One potential case)
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4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 5:35 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 Pastor Tom Copple from Spirit and Truth Worship Center.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.
1.3 ROLL CALL
Councilmember Gyllenhammer participated via teleconference.
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing September 15 - October 15 as National Hispanic Heritage
Month.
Proclamation honoring local resident, Ron Esparza, for his contributions to our
Hispanic American community.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers:
Mary Ann Ballestero requested changes to a "no parking" zone at Handy Elementary
School.
Sandeep Mehta spoke about his missing son.
Moses Castillo spoke about Mr. Mehta's missing son.
Eddie Albright urged consideration of total costs when discussing budget matters.
Written Public Comment
Janice Brownfield submitted an email emphasizing the importance of recycling organic
waste.
Alex Brown submitted an eComment expressing concerns with OC Animal Care.
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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. Confirmation of warrant registers dated August 1, 6, 8, 15, 20, 22, and 29, 2024.
ACTION: Approved as presented.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on
August 13, 2024.
ACTION: Approved minutes as presented.
3.4. Agreement with Willdan Engineering for on-call building services.
ACTION: Approved the agreement with Willdan Engineering in the amount of $100,000
for on-call building services; and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.5. Agreements with the California Department of Health Care Services and
CalOptima for a one-time Intergovernmental Transfer for Fiscal Year 2024-2025.
Item 3.5 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Staff responded to Council's questions about the funding for this item. The initial
advancement amount is returned to the City. Any potential additional revenue is not
guaranteed in future years.
ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro
tern Barrios, to: 1) Approve agreements with the California Department of Health Care
Services and CalOptima in the amount of $694,640 representing $578,867 in
unreimbursed Medicare revenue plus a $115,773 administration fee, for a one-time
Intergovernmental Transfer, and authorize the Mayor and City Clerk to execute on
behalf of the City; and 2) Authorize the advancement of $694,640 from the General
Fund (100) to the California Department of Health Care Services. The motion carried
by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
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3.6. First Amendment to Agreement with MNS Engineering, Inc. for Community
Development Block Grant, HOME Investment Partnerships Program, and general
housing support services.
Note: There was a clerical error on the agenda. The agreement is with "MNS
Engineers, Inc." not"MNS Engineering."
ACTION: Approved First Amendment to the agreement with MNS Engineering, Inc. for
77,000, for a total not to exceed compensation of $107,000, for Community
Development Block Grant, HOME Investment Partnerships Program, and general
housing support services; and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.7. First Amendment to Agreement with Cullen & Associates, Inc. for consulting
services.
Item 3.7 was removed from the Consent Calendar for separate consideration by
Councilmember Gyllenhammer.
Councilmember Gyllenhammer commented that the original agreement was approved
to support a vacant position which has since been filled. He suggested continuing with
the original agreement and not approving the amendment adding an additional $80,000
to the contract.
During discussion, a motion was made by Mayor pro tem Barrios, seconded by
Councilmember Dumitru, to approve the item as recommended.
After further discussion, a substitute motion was made by Councilmember
Gyllenhammer to move forward with the existing contract and not approve the
amendment to the agreement adding an additional $80,000 to the contract. Motion
failed for lack of a second.
Mayor Slater called for the vote on the main motion.
ACTION: A motion was made by Mayor pro tern Barrios, seconded by Councilmember
Dumitru, to approve the First Amendment to the agreement with Cullen & Associates,
Inc. in the amount of $80,000 for consulting services for a total not to exceed contract
amount of $160,000; 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, Bilodeau, and Slater
Noes: Gyllenhammer
Absent: None
3.8. Authorize purchase of cartridge filters for PFAS treatment systems from various
vendors.
ACTION: Approved the purchase of PFAS cartridge filters for various water production
wells from PDDA Filtration System for a total amount of $100,000, from Pure Process
Filtration for a total amount of $100,000, and from Towner Filtration for a total amount
of$50,000.
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3.9. Request to temporarily close the city-owned surface parking lot and paseo
adjacent to and south of the Old Towne West Parking Structure.
ACTION: Approved the temporary closure of the city-owned surface parking lot and
paseo adjacent to and south of the Old Towne West Parking Structure for the Elks
Lodge fundraising event contingent upon a Special Event Permit being approved by
City staff.
Approval of the Consent Calendar
Items 3.5 and 3.7 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, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
Mayor Slater reported on the success of the Street Fair.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru reported Orange County Mosquito and Vector Control will be
conducting an ultra-low volume adult mosquito treatment in Orange. The treatment
does not harm pets, people, or gardens.
Mayor pro tern Barrios reported OTPA would be sponsoring the Treats in the Streets
event on October 24, 2024.
6. AB 1234 REPORTS
None
7. REPORTS FROM CITY MANAGER
None
8. PUBLIC HEARINGS
8.1. Public Hearing to consider introduction and First Reading of an ordinance
amending Title 17 of the Orange Municipal Code to update homeless shelter
regulations and definition; and finding of CEQA exemption. Ordinance No. 25-24.
Mayor Slater opened the Public Hearing at 6:55 p.m.
Public Speaker:
Yvette Ahlstrom spoke in support of approval.
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Mayor Slater closed the Public Hearing at 6:57 p.m.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios,
to:
1) Introduce and conduct First Reading of Ordinance No. 25-24. An Ordinance of the
City Council of the City of Orange amending Title 17 of the Orange Municipal Code
regarding homeless shelter regulations.
2) Find that the Ordinance is exempt from the California Environmental Quality Act
CEQA) per State CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations).
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
8.2. Public Hearing to consider introduction and First Reading of two ordinances
approving a Zoning Text Amendment and Development Agreement allowing
expanded business activities at Blue Ribbon Nursery and dedication of a former
sand and gravel pit to the City of Orange as permanent open space at 5309 East
Santiago Canyon Road and alternate addresses 1425 North Santiago Boulevard
and 1921 Old Country Park Road; and finding of CEQA exemption. Ordinance
Nos. 26-24 and 27-24. Resolution No. 11572.
Mayor Slater opened the Public Hearing at 7:01 p.m.
Public Speakers:
The following spoke in support of approval: Reggie Mundekis, Dennis Riley, Bonnie
Robinson, and David Hillman.
Written Public Comment
Adrienne Gladson submitted an eComment in support of approval.
Mayor Slater closed the Public Hearing at 7:06 p.m.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
to:
1) Introduce and conduct First Reading of Ordinance No. 26-24. An Ordinance of the
City Council of the City of Orange amending Title 17 of the Orange Municipal Code to
allow the sale of building materials and landscape supplies in a Sand and Gravel Zone
in conjunction with a commercial nursery subject to a conditional use permit.
2) Introduce and conduct First Reading of Ordinance No. 27-24. An Ordinance of the
City Council of the City of Orange approving a Development Agreement No. 0010-24
by and between the City of Orange and OC Reclamation, LLC a California Limited
Liability Company.
3) Adopt City Council Resolution No. 11572. A Resolution of the City Council of the
City of Orange approving Conditional Use Permit No. 3229-24 to allow the expanded
sale of building materials and landscape supplies in conjunction with the existing Blue
Ribbon Nursery at 5309 East Santiago Canyon Road.
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4) Find that the proposed action is exempt from the California Environmental Quality
Act (CEQA) per State CEQA Guidelines pursuant to, but not limited to Section 15305,
15307, and 15308.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
9. ADMINISTRATIVE REPORTS
Item 9.3 was re-ordered to be heard before Item 9.1.)
9.3. Executive Management and Senior Management employees' classification,
compensation, and terms of employment and Citywide Pay Schedule. Resolution
Nos. 11575 and 11576 or Resolutions Nos. 11577 and 11578.
Mayor Slater suggested continuing the item to a date uncertain. However, he indicated
he was willing to consider all elements except the cost of living increase in a Side
Letter Agreement. Those elements include: increasing bereavement leave to five days;
increasing the Christmas Eve provision to a full day (if it falls Monday through
Thursday); and increasing medical contribution towards health plans effective January
1, 2025.
Public Speaker:
Reggie Mundekis spoke in support of the Mayor's suggestion.
A motion was made by Mayor Slater, seconded by Councilmember Dumitru, to
continue the item to a date uncertain and authorize the City Manager and Human
Resources Director to engage in a Side Letter Agreement approving all elements
except the cost of living increase including: increasing bereavement leave to five days;
increasing the Christmas Eve provision to a full day (if it falls Monday through
Thursday); and increasing medical contribution towards health plans effective January
1, 2025. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
9.1. Monthly Treasurer's Reports for April, May, and June 2024.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to receive and file the report. The motion carried by the following vote:
I/
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
9.2. School Crossing Guard Program Discussion and Update.
Public Speakers:
Reggie Mundekis spoke in support of outsourcing the program.
Stefan spoke in opposition of eliminating the program.
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Nathan Tran spoke in opposition of eliminating the program.
MoniQue spoke in support of reinstating the crossing guard program but in opposition
of outsourcing the program.
The following spoke in support of reinstating the crossing guard program: Mary Ann
Ballestero, Nelly Cuadra, Sultan Rahman, Jorge Valdes, Scott Resnick, Kourosh,
Jeremy Ladebauche, Alex Brewsaugh, Greg Goodlander, Darshan Smaaladen, Anita
Hermes, Bonnie Robinson, Patty Cabada, and Kathy Moffat.
Carlos Valenzuela, representing Second District Supervisor Sarmiento, reported
Supervisor Sarmiento is looking for grant funds to assist in funding the crossing guard
program.
Written Public Comments
The following submitted eComments in support of reinstating the crossing guard
program: Thomas Rapport, Michelle Weisenberg, Albert Wong, and Dawn Aguila.
Council discussed reinstating the program utilizing an outside vendor, engaging the
school district to partner and cost share with the City, and exploring the use of grant
funds.
A motion was made by Councilmember Bilodeau, seconded by Councilmember
Gutierrez to: 1) direct staff to draft a resolution formally adopting a school crossing
guard program, 2) direct staff to reinstate the school crossing guard program as soon
as possible in the same locations as staffed last school year, 3) direct staff to come
back with a contract with a private vendor for Council approval to staff the program
going forward, 4) direct the City Traffic Engineer to perform a crossing guard warrant
study at the 43 locations identified in the staff report, 5) direct staff to continue to
engage with the Orange Unified School District to seek a partnership in funding the
crossing guard program going forward, and 6) agendize accepting the grant money
offered by County Board of Supervisors Sarmiento and Wagner.
Councilmember Bilodeau amended #4 of his motion to direct the City Traffic Engineer
to perform a crossing guard warrant study at the 16 elementary school locations.
Councilmember Gutierrez accepted the amendment.
During further discussion, Councilmember Dumitru requested to amend the motion by
removing #2 of the motion to allow staff to seek an outside vendor and not go through
a recruitment process at the same time. Councilmember Bilodeau did not agree to the
amendment.
After further discussion, Councilmember Dumitru made a substitute motion, seconded
by Mayor pro tern Barrios, to: 1) direct staff to draft a resolution formally adopting a
school crossing guard program utilizing an outside vendor, 2) authorize the Chief of
Police or their designee to work with the City Manager or their designee to negotiate
with a private vendor to staff school crossing guards, 3) direct the City Traffic Engineer
to perform a crossing guard warrant study at the 16 elementary school locations, and
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4) direct staff to continue to engage with the Orange Unified School District to seek a
partnership in funding the crossing guard program with a cost sharing agreement.
Councilmember Tavoularis requested to amend the motion by adding a shall not
exceed amount of $254,272. Councilmember Dumitru and Mayor pro tern Barrios
I/
agreed to the amendment.
Councilmember Gyllenhammer requested to amend the motion to direct staff to explore
formalizing a volunteer program. Councilmember Dumitru and Mayor pro tern Barrios
agreed to the amendment.
Councilmember Dumitru amended his motion to remove the shall not exceed amount
and leave it as staffing 16 crossing guards. Mayor pro tem Barrios agreed to the
amendment.
A substitute motion was made by Councilmember Dumitru, seconded by Mayor pro
tern Barrios, to:
1) direct staff to draft a resolution formally adopting a school crossing guard program
utilizing an outside vendor, 2) authorize the Chief of Police or their designee to work
with the City Manager or their designee to negotiate with a private vendor to staff 16
school crossing guards, 3) direct the City Traffic Engineer to perform a crossing guard
warrant study at the 16 elementary school locations, 4) direct staff to continue to
engage with the Orange Unified School District to fund the crossing guard program with
a cost sharing agreement, and 5) direct staff to explore formalizing a volunteer
program. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
RECESS: The City Council recessed at 8:58 p.m. and reconvened at 9:11 p.m. with all
Members present.
9.4. Consideration of Resident Vehicle Incentive Program.
Public Speaker:
Reggie Mundekis spoke in support of approval.
Written Public Comment
Michelle Weisenberg submitted an eComment opposing approval of the item.
Economic Development Manager Aaron Schulze provided a brief staff report and
informed Council the 10 year time period listed in the staff report should be 5 years.
Council discussed continuing the item to a future council meeting as the circumstances
have changed since the last time Council had discussed a resident vehicle incentive
program.
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A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru,
to continue the item to a date uncertain.
Mayor Slater requested to amend the motion to continue the item for a month. Mayor
pro tern Barrios and Councilmember Dumitru agreed to the amendment.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru,
to continue the item to a meeting in a month from now. The motion carried by the
following vote:
Ayes: Barrios, Dumitru, Bilodeau, Gyllenhammer, and Slater
Noes: Tavoularis, and Gutierrez
Absent: None
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:26 p.m.
The next Regular City Council meeting will be held on Tuesday, September 24, 2024,
at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
Ajjkilet&311tu-/ 'PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR
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