City of Orange
City Council
January 11, 2022
MINUTES - FINAL
The City Council of the City of Orange, California convened on January 11, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM EMPLOYEE RECOGNITION
1. WELCOME
Mayor Murphy opened the meeting and welcomed everyone.
2. EMPLOYEE SERVICE AWARDS
Recognition of employee service.
3. RECESS
The City Council recessed at 5:22 p.m. and convened in Closed Session. 5:15 PM CLOSED SESSION
1. ROLL CALL
Present: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy
Absent: Dumitru
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:25 p.m. with all Members present, except Councilmember Dumitru who was 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: Abarca, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30-2020-01164035
b. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).
Title: City Manager
4. CLOSED SESSION REPORT
None
City Council Minutes - Final January 11, 2022
5. ADJOURNMENT
Closed Session was adjourned at 5:47 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:01 p.m.
1.1 INVOCATION
Given by Pastor Brenton Fessler from Refuge OC.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Arianna Barrios.
1.3 ROLL CALL
Present: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy
Absent: Dumitru
1.4 PRESENTATIONS/ANNOUNCEMENTS
Introduction of Miss City of Orange 2022 contestants
2. PUBLIC COMMENTS
Public Speakers
Carole Walters raised concerns with speeding traffic on Tustin St.
Catherine Moore discussed the Good Samaritan Project.
The following spoke in opposition of a proposed cemetery near Palmyra Avenue :
Bernie Galasso, Alan Kinkaid, Sharon Galasso, Silvia San Nicolas, and Caren Wolf.
Written Public Comment
Alyssa Burns emailed in support of reopening the Paseo.
Laurie Dixon emailed in support of reopening the Paseo.
Rosie Hitzeman emailed in support of reopening the Paseo.
Sean Drexler emailed in support of reopening the Paseo.
Janice Brownfield emailed about ways to reduce methane emissions from landfills.
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 January 11, 2022
3.1. Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.2. Confirmation of warrant registers dated December 3, 9, 17, and 22, 2021.
ACTION: Approved.
3.3. Approval of meeting minutes of the City Council of the City of Orange for the December 12, 2021, Adjourned Regular Meeting and December 14, 2021, Regular Meeting.
ACTION: Approved minutes as presented.
3.4. Agreement with California Waters Development, Inc. for ongoing maintenance of four City fountains.
ACTION: Approved agreement with California Waters Development, Inc. in the amount of $ 76,510.80 for ongoing maintenance of four City fountains; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.5. Support agreement with SidePath, Inc. for the Civic Center and Police Department storage area networks (SAN).
ACTION: Approved the agreement with SidePath, Inc. in the amount of $ 51,530.44 for the period of February 1, 2022, through January 31, 2023.
3.6. First Amendment to Attorney Services Agreement with The Sohagi Law Group to provide legal services related to a California Environmental Quality Act (CEQA) challenge to the approval of the Ronald McDonald House expansion.
ACTION: 1) Approved a First Amendment to Attorney Services Agreement with The Sohagi Law Group in the amount of $ 50,000 and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $ 50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.
3.7. Appropriation of $ 129,124.32 in State of California Office of Emergency Services funding received.
ACTION: 1) Accepted into the City ’s revenue budget $ 129,124.32 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal-OES reimbursements as follows:
$ 129,124.32 100.3024.48212.40276 - Reimbursement from Cal EMA 2) Authorized the appropriation of $ 128,170.72 into the expenditure account number for Overtime-Safety as follows:
$ 128,170.72 100.3024.50221.40276 - Overtime-Safety
3) Authorized the appropriation of $ 953.60 into the expenditure account number for Strike Team Expenditures as follows:
$ 953.60 100.3024.53860.40276 - Strike Team (expenditures)
City Council Minutes - Final January 11, 2022
3.8. Appropriation of $38,799.29 in Senior Mobility Program funds.
Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.
In response to Council's questions, staff clarified that the Senior Mobility Program funds could only be used for transportation services within the City of Orange.
ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Monaco, to authorize the appropriation of $ 38,799.29 from the Traffic Improvement-Measure M 2 unreserved fund balance to the following expenditure accounts for Traffic Improvement-Measure M2:
$91.70 263.7041.51780.20385 - Sr. Transportation 18-19 $17,253.20 263.7041.51780.20412 - Sr. Transportation 19-20 $21,454.39 263.7041.51780.30151 - Sr. Transportation 20-21.
The motion carried by the following vote:
Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
DumitruAbsent:
3.9. Approval of plans and specifications for Fire Station No. 5 Bathroom Remodel, and authorization to advertise for bids.
ACTION: Approved plans and specifications and authorized advertising for bids for Fire Station No. 5 Bathroom Remodel Project; Bid No. 21-22.24.
3.10. Approval of plans and specifications for Annual Sewer Maintenance, Fiscal Year 2021-2022; and authorization to advertise for bids.
ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Sewer Maintenance, Fiscal Year 2021-2022; S-245; Bid No. 21-22.18.
3.11. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:
1. V.L. (minor)
2. David Nelson
3. Rita Consuelo Revilla
4. Evan Dominic Belli
5. Eric Daniel Pompei
6. Patricio Esqueda
7. Michael J. Padilla
8. Alyssa O’Hara
3.12. Award of Contract to CT&T Concrete Paving, Inc. for Annual Concrete Replacement at Various Locations, Fiscal Year 2021-2022; Bid No. 21-22.19.
ACTION: 1) Authorized the appropriation of $ 100,000 from Unreserved Fund 263 Measure M 2 to 263.5011.56330.13120 Pavement Management Program; and 2) Approved contract with CT&T Concrete Paving, Inc. in the total amount of $ 852,808, representing an original amount of $ 775,280 plus a 10% contingency of $ 77,528, for Annual Concrete Replacement Project, Fiscal Year 2021-2022; and authorized the Mayor and City Clerk to execute on behalf of the City.
City Council Minutes - Final January 11, 2022
3.13. Final Acceptance of Bid No. 21-22.03, Chapman Avenue Alley Improvement; and authorization to file Notice of Completion.
ACTION: Accepted Chapman Avenue Alley Improvement (SP-4164) as substantially complete, and authorized staff to file Notice of Completion with the County Recorder.
3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update noticing and posting requirements. Ordinance No. 17-21.
Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.
In response to Council's questions, staff clarified that the noticing requirement was being increased from 300 feet to 400 feet through a separate ordinance.
ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Monaco, to adopt Ordinance No. 17-21. The motion carried by the following vote:
Nichols, Monaco, Tavoularis, Gutierrez, and MurphyAyes:
BarriosNoes:
DumitruAbsent:
3.15. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update and establish new development standards for fences and walls. Ordinance No . 19-21.
ACTION: Adopted Ordinance No. 19-21.
3.16. Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2021.
Written Public Comment
Jordan Prell submitted an eComment congratulating and thanking staff for a successful audit.
ACTION: Received and filed the following documents for the fiscal year ended June 30, 2021: 1) Annual Comprehensive Financial Report, 2) Audit Communication Letter, 3) Independent Accountants’ Report on Agreed -Upon Procedures Applied to the Appropriations Limit Worksheets, 4) Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio, 5) Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report, 6) Independent Auditors’ Report on Internal Control Over Financial Reporting, 7) Housing Successor Fund Financial Statements, and 8) Single Audit of Federally Assisted Grant Programs.
Approval of the Consent Calendar
Items 3.8 and 3.14 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.
A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to approve the Consent Calendar as recommended. The motion carried by the following vote:
City Council Minutes - Final January 11, 2022
Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
DumitruAbsent:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR MURPHY
4.1. Consideration of appointment of City Councilmembers to City Regional Boards and Committees.
Mayor Murphy reported his only recommended change to the current Councilmember appointments to regional boards and committees was to appoint Councilmember Tavoularis to the vacant alternate positions on the Foothill Eastern TCA and Orange Elderly Services Board.
A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to confirm the appointments of City Councilmembers to City regional boards and committees with Councilmember Kathy Tavoularis as the alternate on the Foothill Eastern TCA and Orange Elderly Services Board, and all other appointments as is .
The motion carried by the following vote:
Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
DumitruAbsent:
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Orange Cycle and Bike Alley. Councilmember Barrios highlighted the following local business: Assistance League of Orange.
5.2 Code Enforcement Discussion (Barrios)
Councilmember Barrios requested a report outlining code enforcement staffing levels, rates of calls, and most current 24/7 app statistics.
5.3 Orange Police Department Crime Report (Barrios)
Councilmember Barrios requested a crime statistics report be presented at a future meeting.
Councilmember Tavoularis requested an amendment to the Campaign Ordinance to allow for campaign committees to receive and contribute funds to and from another candidate's committee.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
None
7. ADMINISTRATIVE REPORTS
None
City Council Minutes - Final January 11, 2022
8. REPORTS FROM CITY MANAGER
None
9. LEGAL AFFAIRS
None
10. PUBLIC HEARINGS
10.1. Public Hearing to consider a request for Permit Parking on portions of Madison Avenue, Orange Grove Avenue, and Wayfield Street. Resolution No. 11370.
Mayor Murphy opened the Public Hearing at 6:46 p.m.
Public Speakers
Neil Mansdorf requested two permits for his nearby business.
Owen Riehle spoke in support of approving the permit parking area.
Chopin had questions pertaining to how permits are issued.
Lupita discussed her attempt to expand her driveway to add a parking space.
Mayor Murphy closed the Public Hearing at 7:10 p.m.
During discussion, staff was directed to: petition adjoining neighborhoods to determine their interest in being included in the permit parking program, provide Dr. Mansdorf two permits, and explore the option of allowing properties to expand their driveways to allow for additional parking.
A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to: 1) Approve permit parking on the following street segments: a) both sides of Madison Avenue from Wayfield Street to the cul -de-sac, b) both sides of Orange Grove Avenue from Wayfield Street to the westerly property lines of 1743/1744 East Orange Grove Avenue, c) West side of Wayfield Street from Orange Grove Avenue to Madison Avenue, and d) East side of Wayfield Street from Orange Grove Avenue to the property line at 565/555 North Wayfield Street; and 2) Adopt Resolution No. 11370.
The motion carried by the following vote:
Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
DumitruAbsent:
Resolution No. 11370. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11343, and adopting a revised master resolution of permit parking areas within the City of Orange.
10.2. Public Hearing to consider extension of Urgency Ordinance No. 18-21 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9.
Mayor Murphy opened the Public Hearing at 7:15 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 7:15 p.m.
City Council Minutes - Final January 11, 2022
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to receive and file the report and adopt the extension of Ordinance No. 18-21 and the findings of urgency. The motion carried by the following vote:
Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
DumitruAbsent:
Ordinance No. 18-21-A. Extension of an urgency ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single -family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single -family residential zones allowed as a result of SB 9, and revising definitions to clarify said development standards.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:18 p.m. to a meeting on Saturday, January 15, 2022, at 11:00 a.m. in the Council Chamber for Closed Session.
The next Regular City Council meeting will be held on Tuesday, February 8, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
s/Pamela Coleman s/Mark A. Murphy PAMELA COLEMAN MARK A. MURPHY
CITY CLERK MAYOR