City of Orange
City Council
June 27, 2023
MINUTES - FINAL
The City Council of the City of Orange, California convened on Tuesday, June 27, 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 5:00 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 5:01 p.m. with all Members present, except Councilmember Gutierrez who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Carol Leigh Kneeshaw, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30-2020-01170026
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 5:32 p.m.
City Council Minutes - Final June 27, 2023
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 Reverend Tim Klinkenberg from St. John’s Lutheran Church.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Denis Bilodeau.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Absent: Gutierrez
1.4 PRESENTATIONS/ANNOUNCEMENTS
Mayor Slater announced various summer Library programs, including the Summer Reading Club, taking place at all Library locations, the Concerts in the Park series continues through August 9, and the 3rd of July Celebration will take place at Grijalva Park.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers
Joel Castillo expressed concerns with an incident that took place at Hart Park pool.
Ezra Lunel expressed concerns with an incident that took place at Hart Park pool.
Kimberly O'Neill spoke about the need for street repair in her neighborhood.
Carole Walters spoke about illegal fireworks.
Vickie Laughlin, OTPA President, thanked Council for including OTPA in the nature park at City Hall discussion.
Brandy Romero suggested informing residents about the variety of trees that can be planted in the public right-of-way.
Written Public Comment
Janice Brownfield emailed in support of removing non -functional turf from City managed property.
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.
City Council Minutes - Final June 27, 2023
3.1. Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.2. Approval of minutes of the City of Orange City Council Adjourned Regular Meeting held on June 6, 2023; and Regular Meeting held on June 13, 2023.
ACTION: Approved minutes as presented.
3.3. Agreement with Academy Electric, Inc. for electrical preventative maintenance and repairs at park facilities for a total amount not to exceed $162,272.
ACTION: Approved an agreement with Academy Electric, Inc ., in the amount of $162,272 for electrical maintenance at park facilities; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.4. Second Amendment to Agreement with Willdan Engineering for On -Call Building Services.
ACTION: Approved the Second Amendment to agreement with Willdan Engineering for On-Call Building and Safety Services; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.5. Award three -year agreement to General Pump Company for maintenance and repairs to wells, pumps, and motors on an as-needed basis.
ACTION: Approved three -year agreement for an initial amount of $ 475,000 for Fiscal Year 23/24, subject to a 2% maximum annual inflation adjustment starting with Fiscal Year 24/25, with a three -year total not to exceed $ 1,453,690; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Appropriation of $ 128,779.95 in designated Public Safety Realignment /Assembly Bill 109 funding received from the County of Orange.
ACTION: 1) Accepted into the City ’s revenue budget an $ 128,779.95 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue-Post Release Community Supervision; and 2) Authorized the appropriation of $128,779.95 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.
3.7. Award of Contract to PALP, Inc ., dba Excel Paving Company for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement project; Bid No. 22-23.42.
ACTION: 1) Authorized the transfer of $ 430,000 from 220.5011.56340.30166 Cambridge Street Infrastructure Improvement to expenditure account number 220.5022.56340.30163 Sanitation and Sewer - Chapman Avenue Bioclean Installation; and 2) Approved contract with Palp, Inc. dba Excel Paving Company in the total amount of $ 751,603, representing an original amount of $ 683,275 plus a 10% contingency of $ 68,328, for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement; and authorized the Mayor and City Clerk to execute on behalf of the City.
City Council Minutes - Final June 27, 2023
3.8. Final Acceptance of Bid No. 22-23.02; SP -4042, Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification; and authorization to file Notice of Completion.
ACTION: Accepted Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification as complete, and authorized staff to file Notice of Completion with the County Recorder.
3.9. Authorize purchase of materials and supplies for water maintenance operations from various vendors.
ACTION: Approved purchase orders for miscellaneous materials and supplies for a total amount of $ 1,325,000 as follows: Neptune Technology $ 400,000; Yo Fire $150,000, C Wells Supply $ 150,000; United Water Works $ 125,000; Ferguson $125,000; Armorcast $ 125,000; S&J Supply $ 100,000; PTI Sand & Gravel $ 50,000; West Coast Sand & Gravel $50,000; and Main Street Materials $50,000.
3.10. Authorize purchase of eight 800-Megahertz handheld radios and associated equipment from Motorola Solutions, Inc. for the Code Compliance Division.
ACTION: Approved the purchase of eight 800-Megahertz handheld radios and associated equipment from Motorola Solutions, Inc. for a total amount not to exceed $40,669.16 through Orange County Price Book Agreement #MA-060-21010004.
3.11. Authorize purchase of five motorcycles for the Police Department from Irv Seaver Motorcycles using a Cooperative Purchasing Agreement with another local agency.
ACTION: Approved the purchase of five 2024 BMW motorcycles from Irv Seaver Motorcycles for $143,421.
3.12. Authorize purchase of turnout safety gear and associated equipment from Allstar Fire Equipment under the Sourcewell Cooperative Agreement (Contract # 032620-LIO) for Fiscal Year 2023-2024.
ACTION: Approved the purchase of firefighter turnout safety gear and equipment from Allstar Fire Equipment in an amount not to exceed $ 150,000 for Fiscal Year 2023-2024.
3.13. Authorize purchase of safety gear and associated equipment from LN Curtis & Sons under the Sourcewell Cooperative Agreement (Contract # 032620-LNC) for Fiscal Year 2023-2024.
ACTION: Approved the purchase of safety gear and equipment from LN Curtis & Sons in an amount of $40,000 for Fiscal Year 2023-2024.
3.14. Authorize purchase of Fire Department uniforms, wildland safety gear and accessories from LineGear Fire & Rescue Equipment (LineGear) under the GSA Contract #GS-07F-9246S for Fiscal Year 2023-2024.
ACTION: Approved the purchase of Fire Department uniforms, wildland safety gear, and accessories from LineGear Fire & Rescue Equipment in the amount of $ 120,000 for Fiscal Year 2023-2024.
City Council Minutes - Final June 27, 2023
3.15. Authorize purchase of medical supplies from Life -Assist, Inc. under the National Purchasing Partners (NPPGov) cooperative contract No. PS20180 with League of Oregon Cities for Fiscal Year 2023-2024.
ACTION: Approved the purchase of medical supplies and medications from Life -Assist, Inc. in an amount of $286,000 for Fiscal Year 2023-2024.
3.16. Quitclaim of Santa Ana Valley Irrigation easement at 1325 W. Katella Avenue.
ACTION: Approved the quitclaim of the existing pipeline easement at 1325 W. Katella Avenue; and authorized the Mayor to execute on behalf of the City.
3.17. Status and update of the Circulation Element, Mitigation Fee Program and Local Signal Synchronization Plan for the Measure M 2 Program. Resolution Nos. 11467 and 11468.
ACTION: 1) Adopted Resolution No. 11467. A Resolution of the City Council of the City of Orange concerning the status and update of the circulation element and mitigation fee program for the Measure M (M2) Program.
2) Adopted Resolution No. 11468. A Resolution of the City Council of the City of Orange concerning the status and update of the Local Signal Synchronization Plan (LSSP) for the Measure M (M2) Program.
3) Authorized staff to submit M 2 eligibility documentation to the Orange County Transportation Authority (OCTA).
3.18. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2023-24. Resolution No. 11469.
ACTION: Adopted Resolution No. 11469. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11384 and approving and adopting a Statement of Investment Policy for Fiscal Year 2023-24.
3.19. A Letter of Understanding between the City of Orange and the Orange City Fire Management Association effective July 1, 2023, through June 30, 2026.
Resolution No. 11470.
ACTION: Adopted Resolution No. 11470. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange City Fire Management Association effective July 1, 2023, through June 30, 2026.
3.20. A Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL-CIO effective July 1, 2023, through June 30, 2026. Resolution No. 11477.
Item 3.20 was removed from the Consent Calendar for separate consideration by Mayor Slater.
Mayor Slater expressed his concern with the longevity pay portion of the contract.
City Council Minutes - Final June 27, 2023
ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to adopt Resolution No. 11477. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL -CIO effective July 1, 2023, through June 30, 2026. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
GutierrezAbsent:
Approval of the Consent Calendar
Item 3.20 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 Bilodeau, to approve the Consent Calendar as recommended. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
GutierrezAbsent:
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR SLATER
Mayor Slater reported that Senator Umberg called to inform the City that the adopted state budget includes $ 2 million for the continued operation of the Resource Center. In addition, Assemblymember Valencia has secured $ 1 million for a homeless shelter in the City of Orange.
5. REPORTS FROM COUNCILMEMBERS
5.1. Report and Discussion on La Veta Monterey Condo Gas Line Issues (Dumitru) Councilmember Dumitru described the current residents' situation at the La Veta Monterey Condos and expressed concerns with the natural gas line repairs.
Public Speakers
Kathy Butler requested a timeline of repairs.
Teresa San Diego expressed gratitude for the gas company keeping residents safe.
Edward Darvin requested a timeline of repairs and assistance for residents without gas.
Norma Flores requested assistance for residents.
Betty Talbert requested any assistance the City could provide.
Clarissa Serpas, So Cal Gas, upon Council's request, provided Council with an overview of their role in this situation and answered Council's questions.
Andrew Marques, Huntington West Properties, upon Council's request, provided Council with an anticipated timeline of repairs.
City Council Minutes - Final June 27, 2023
RECESS: The City Council recessed at 7:20 p.m. and reconvened at 7:34 p.m. with all Members present, except Councilmember Gutierrez who was absent.
6. ADMINISTRATIVE REPORTS
6.1. Proposed Fiscal Year 2023-2024 City of Orange Budget and Five -Year Capital Improvement Program.
During discussion, Councilmember Gyllenhammer expressed concerns with having to use reserves to balance the budget. In response to his questions, staff indicated that Finance will be presenting Council with an overview of revenue sources and forecast at a future meeting. Council also discussed TOT, fees for service, and salary savings.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to:
For Fiscal Year 2022-2023
1) Approve a budget transfer of $ 1,000,000 from the Capital Projects Fund (500) unreserved fund balance to the General Fund (100) unreserved fund balance. 2) Approve a budget transfer of $ 1,000,000 from the Computer Replacement Fund (790) unreserved fund balance to the General Fund (100) unreserved fund balance.
For Fiscal Year 2023-2024 (effective July 1, 2023)
1) Adopt Resolution No. 11471. A Resolution of the City Council of the City of Orange adopting said City's Budget for the Fiscal Year 2023-24 and authorizing transfer of funds within and between appropriations, transfer of funds between funds, and additional appropriations.
2) Adopt Resolution No. 11472. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2023-24. 3) Make a finding that the portion of the Fiscal Year 2023-24 Budget subject to the Gann Appropriations limit is $117,783,431, and therefore within the limit. 4) Adopt Resolution No. 11473. A Resolution of the City Council of the City of Orange approving and authorizing staff to submit to the Orange County Transportation Authority the Measure M 2 Seven-Year Capital Improvement Program for Fiscal Year 2023-24 through 2029-30 to comply with Measure M2 eligibility criteria. 5) Adopt Resolution No. 11474. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges for various services and the rental of rooms and equipment.
6) Adopt Resolution No. 11475. A Resolution of the City Council of the City of Orange amending Resolution No. 11434 between the City of Orange and the Orange Management Association.
7) Adopt Resolution No. 11476. A Resolution of the City Council of the City of Orange amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Bilodeau, and SlaterAyes:
GyllenhammerNoes:
GutierrezAbsent:
City Council Minutes - Final June 27, 2023
6.2. Award of Agreement to West Coast Arborists, Inc. for Tree Maintenance Services.
A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to approve a five -year agreement with West Coast Arborists, Inc. in the total amount of $ 8,680,700 for citywide tree services; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
GutierrezAbsent:
7. REPORTS FROM CITY MANAGER
City Manager Kisela provided Council with an update on the City's efforts to mitigate illegal street vendors.
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of Ordinance No. 08-23, amending sections
2.60.010 and 2.60.020 of the Orange Municipal Code related to the Powers and Duties of the Park Planning and Community Events Commission and adoption of Resolution No. 11466.
During discussion, Council requested to change the word "advise" in Section
2.60.020.A to "make recommendations."
A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to:
1) Introduce and conduct First Reading of Ordinance No. 08-23 with the change of "advise" to "make recommendations" in Section 2.60.020.A. An Ordinance of the City Council of the City Orange Amending Sections 2.60.010 and 2.60.020 of the Orange Municipal Code Related to the Powers and Duties of the Park Planning and Community Events Commission.
2) Adopt Resolution No. 11466. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11432 and establishing the number of members, qualifications for membership, purpose, compensation and meetings for specified City Boards, Committees, and Commissions.
The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
GutierrezAbsent:
9. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:19 p.m.
The next Regular City Council meeting will be held on Tuesday, July 11, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
/s/ Pamela Coleman /s/ Daniel R. Slater PAMELA COLEMAN DANIEL R. SLATER
CITY CLERK MAYOR