City of Orange
City Council
November 15, 2022
MINUTES - FINAL
The City Council of the City of Orange, California convened on November 15, 2022, at 5:00 p.m. in a joint Adjourned Regular Meeting with the Orange Industrial Development Authority in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM CLOSED SESSION
1. CALL TO ORDER
Mayor Murphy called Closed Session to order at 5:01 p.m.
1.1 ROLL CALL
Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: None
Councilmember Gutierrez joined Closed Session at 5:03 p.m.
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present 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
United States District Court Case No. 8:21-cv-01483-JVS-KES
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 5:35 p.m.
City Council Minutes - Final November 15, 2022
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Murphy called the joint meeting to order at 6:00 p.m. (Note: Hereinafter the titles of Mayor, Mayor pro tem, Councilmember, City Attorney, and City Clerk shall be used to indicate Mayor /Chair, Mayor pro tem /Vice Chair, Councilmember /Authority Member, City/Authority Attorney, City Clerk/Authority Secretary.)
1.1 INVOCATION
Given by Rev. Dr. Robb Ring from Immanuel Lutheran Church of Orange.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Kimberlee Nichols.
1.3 ROLL CALL
Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange High School Student Liaison Diego Paz provided Council with a brief update on school happenings.
El Modena High School Student Liaison Ruby Hewitt provided Council with a brief update on school happenings.
Orange Public Library Foundation Presentation to the Orange Public Library.
Mayor pro tem Nichols announced the City's annual Tree Lighting Ceremony and Candlelight Choir Procession will be on December 4, in the Old Towne Orange Plaza.
2. PUBLIC COMMENTS
Public Speakers
Johanna Speiser encouraged the City to develop a Climate Action Plan.
Carole Walters spoke about the Orange Taxpayers Association.
Katie Montgomery, Library Board of Trustee member, discussed the many library services being offered to teens.
Jake Comer discussed climate change and the implementation of SB1383.
Silvia San Nicolas spoke in opposition of a proposed cemetery near Palmyra Avenue.
Sharon Galasso spoke in opposition of a proposed cemetery near Palmyra Avenue.
Jeff Stoddard requested the City to ban gas powered leaf blowers.
James Kushon provided Council with an update on the Yorba Dog Park.
Fady Abdelmalek spoke in support of increasing the number of short term rental permits issued by the City.
City Council Minutes - Final November 15, 2022
Written Public Comments
Janice Brownfield emailed about the use of microgrids as a sustainable energy solution.
Fred Stoughton emailed thanking the City for current programs and services.
Mark Mikhail emailed requesting an increase to the number of short term rental permits issued by the City.
Mina Awad emailed requesting an increase to the number of short term rental permits issued by the City.
Gabriela Del Cid emailed concerns with local bar establishments.
Emma Hockenberry emailed concerns with the noise levels of local bar establishments.
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 October 7, 13, 21, and 27, 2022.
ACTION: Approved.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on October 11, 2022, and Adjourned Regular Meeting held on October 25, 2022.
ACTION: Approved minutes as presented.
3.4. Agreement with RHA Landscape Architects Planners, Inc. for design services for the Capital Improvement Project, Hart Park Pickleball and Fitness Circuit Project.
A speaker card was submitted for Item 3.4; therefore, the item was removed from the Consent Calendar for separate consideration.
Public Speaker
Shirley Grindle asked about the number of pickleball courts being proposed.
Staff noted that the City has not determined a total number as the project is in the design stages.
ACTION: A motion was made by Councilmember Monaco, seconded by Councilmember Gutierrez, to approve agreement with RHA Landscape Architects Planners, Inc. in the amount of $ 257,092 for design services for Capital Improvement Project, Hart Park Pickleball and Fitness Circuit Design Project (20315); and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
City Council Minutes - Final November 15, 2022
3.5. Agreements between the City of Orange and Environmental System Research Institute, Inc. ( ESRI) for (1) Enterprise License Agreement for the Citywide Geographic Information System (GIS), and (2) ESRI Enterprise Advantage Program to assist the City in creating GIS applications, data conversion and training.
ACTION: 1) Approved Enterprise Agreement (EA) with Environmental System Research Institute, Inc. for a three -year term (ESRI Quotation #Q -479546) totaling $331,500 paid in three one -year increments $ 110,500 each for the period December 7, 2022, through December 6, 2025, and authorized the Mayor and City Clerk to execute on behalf of the City. The cost includes one license of the ArcGIS Data Interoperability Extension for Desktop ArcGIS.
2) Approved the ESRI Enterprise Advantage Program (EEAP) Agreement with Environmental System Research Institute, Inc. for a three -year term (ESRI Quotation #Q-479549) in the amount of $ 153,040 for the period February 8, 2023, through February 7, 2026, to assist the City in the creation of GIS applications throughout the city, data conversion, and training; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Agreement with LIN Consulting, Inc. for design of the Area Lighting Replacement at Grijalva Park project.
ACTION: Approved agreement with LIN Consulting, Inc. in the total amount of $48,812.50 representing the original proposal amount of $ 44,375, plus a 10% contingency of $ 4,437, for the Area Lighting Replacement at Grijalva Park project (20477); and authorized the Mayor and City Clerk to execute on behalf of the City.
3.7. Agreement with Gillis + Panichapan Architects, Inc. for Architectural and Engineering Design Services for Fire Stations No. 3 & No. 5 Building Additions.
ACTION: Approved the agreement with Gillis + Panichapan Architects, Inc. in the amount of $ 240,240, representing an original amount of $ 218,400 plus a 10% contingency of $ 21,840, for Architectural and Engineering Design Services for the Fire Stations No. 3 & No. 5 Building Additions project (SP-4225); and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
3.8. Agreement with HomeAid Orange County for Permanent Local Housing Allocation funding for the Family Care Center.
ACTION: 1) Authorized the appropriation of $ 222,815 from the Building Homes & Jobs Act (312) unreserved fund balance to expenditures account number 312.6001.52611.00000 - Payment To Other Agencies -PLHA Family Care; 2) Approved the agreement with HomeAid in the amount of $ 222,815 for the Family Care Center operations; and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Authorized the City Manager to make minor language changes to the agreement, related attachments, and any documents if needed and execute on behalf of the City.
City Council Minutes - Final November 15, 2022
3.9. Sixth Amendment to Agreement with Granicus LLC, a Minnesota Limited Liability Company, for one year of subscription renewal.
ACTION: Approved the Sixth Amendment to Master Subscription Agreement No. 6858 with Granicus, LLC for a one year renewal of annual subscriptions in the amount of $109,861.58; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
3.10. Agreement with R. Jensen Co. Inc. and RJ Noble Inc. to move a modular building from the former Fire Headquarters to 517 W. Struck Ave. and complete necessary pavement improvements at the site.
ACTION: 1) Approved the agreement with R. Jensen Co ., Inc ., in the amount of $87,308, and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Approved Amendment No. 1 with RJ Noble, Inc ., for $ 63,980, and authorized the Mayor and City Clerk to execute on behalf of the City.
3) Authorized the appropriation of $ 151,288 from the General Fund unreserved fund balance to 100.000.51670.30200 General Fund, 517 W. Struck Transition.
3.11. Agreement with Sagecrest Planning and Environmental for planning staff services.
ACTION: Approved the agreement with Sagecrest Planning and Environmental in the amount of $ 145,000 for planning staff services, and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12. Third Amendment to Agreement with The Hub OC to provide on -site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Transition Plan. (Relates to Agenda Item 3.13) ACTION: 1) Approved the appropriation of $ 50,000 from the Community Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200, 517 W. Struck Transition.
2) Approved the Third Amendment to the Subrecipient Agreement with The Hub OC increasing compensation in the amount of $ 50,000 for services in support of the 517 W. Struck Transition Plan; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.13. Agreement with The HUB OC (“The HUB ”) for providing on -site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Project. (Relates to Agenda Item 3.12)
ACTION: Approved Agreement with the HUB in the amount of $ 400,000 for services in support of the 517 W. Struck Project; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14. Repair and Maintenance Agreement with the Orange County Water District for the repair 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
City Council Minutes - Final November 15, 2022
Agreement.
3.15. Appropriation of $51,110.13 in Senior Mobility Program funds.
Item 3.15 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.
Councilmember Gutierrez raised concerns with the current transportation service being offered to seniors.
ACTION: A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to authorize the appropriation of $ 51,110.13 from the Traffic Improvement-Measure M 2 unreserved fund balance to the following expenditure accounts for Traffic Improvement -Measure M 2: $438.25 into account number 263.7041.51780.20412, Sr. Transportation 19-20; $ 490.28 into account number 263.7041.51780.30151, Sr. Transportation 20-21; and $ 50,181.60 into account number 263.7041.51780.30175, Sr. Transportation 21-22. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
3.16. Appropriation of $ 17,578.26 in State of California Office of Emergency Services funding received.
ACTION: 1) Accepted into the City ’s revenue budget $ 17,578.26 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:
Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 8,550.06 .40296 - OES Pre-Position #220001
9,028.20 .40299 - Coastal Fire
2) Authorized the appropriation of $ 17,038.61 into the expenditure account numbers for Overtime-Safety as follows:
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 8,135.07 .40296 - OES Pre-Position #220001
8,903.54 .40299 - Coastal Fire
3) Authorized the appropriation of $ 539.65 into the expenditure account numbers for Strike Team Expenditures as follows:
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 414.99 .40296 - OES Pre-Position #220001
124.66 .40299 - Coastal Fire
3.17. Appropriation of $ 33,700 in designated donation funding received from the Orange Public Library Foundation.
ACTION: 1) Accepted into the City ’s budget a $ 33,700 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 $ 33,700 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.
City Council Minutes - Final November 15, 2022
3.18. Approval of plans and specifications for Community Development Block Grant Fiscal Year 2022-2023 Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various Locations; and authorization to advertise for bids.
ACTION: Approved plans and specifications and authorized advertising Bid No . 22-23.17 (SP-4237).
3.19. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:
1. Patricia L. Frost
2. Gad Herbert Ferrari Rivera
3. Refugio Lopez Alonso
3.20. Award of Contract to CT&T Concrete Paving, Inc. for Plaza Park Safety Enhancement Project; Bid No. 22-23.13.
ACTION: 1) Authorized the appropriation of $ 175,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.16302, Minor Traffic Control Devices; and 2) Awarded the contract to CT&T Concrete Paving, Inc. in the total amount of $ 226,523 representing an original bid amount of $ 205,930, plus a 10% contingency of $ 20,593, for the Plaza Park Safety Enhancement Project; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.21. Award of Contract to Towo Enterprise, Inc. for Annual Concrete Replacement at Various Locations, Phase I, FY 2022-23; Bid No. 22-23.09.
ACTION: Approved the contract with Towo Enterprise, Inc. in the amount of $ 486,335, representing an original bid amount of $ 422,900, plus a 15% contingency of $ 63,435; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.22. First Amendment to Contract with RS Construction and Development, Inc .; and Final Acceptance of Bid No. 21-22.22, Public Works and Community Development Front Counter Remodel Project and authorization to file Notice of Completion.
ACTION: 1) Authorized the appropriation of $ 57,500 from the Capital Projects unreserved fund balance to expenditure account number 500.5028.56020.20408 Capital Projects - Public Works and Community Development Front Counter Remodel; 2) Approved the First Amendment to Contract in the amount of $ 57,500 to RS Construction and Development, Inc. for the additional work; and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Accepted Public Works and Community Development Front Counter Remodel Project as complete (SP-4097), and authorized staff to file Notice of Completion with the County Recorder.
3.23. First Amendment to Contract with Gentry General Engineering, Inc .; Final Acceptance of Bid No. 21-22.38, Chapman Ave. and Yorba St. Sidewalk Repair; and authorization to file Notice of Completion.
ACTION: 1) Approved the First Amendment to Contract with Gentry General Engineering, Inc. in the amount of $ 37,525.99 for the additional work; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Accepted Chapman
City Council Minutes - Final November 15, 2022
Ave. and Yorba St. Sidewalk Repair Project as complete (SP-4212); and authorized staff to file Notice of Completion with the County Recorder.
3.24. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Titles 12, 13, and 15 of the Orange Municipal Code adopting and amending the 2022 editions of the California Building Standards Codes and related model codes, with appendices, relating to the building codes. Ordinance No. 06-22.
ACTION: Adopted Ordinance No. 06-22.
3.25. Second Reading and adoption of an Ordinance of the City Council of the City of Orange deleting Chapter 15.32, City of Orange Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code. Ordinance No. 07-22.
ACTION: Adopted Ordinance No. 07-22.
3.26. Authorize purchase of cartridge filters and O -rings for Well PFAS treatment systems from various vendors.
ACTION: Approved purchase orders for PFAS cartridge filters and O -rings in the amount of $ 300,000 with Towner Filtration, $ 300,000 with Pure Process Filtration, and $100,000 with PDDA Filtration System for a total amount of $700,000.
3.27. Purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions.
ACTION: Approved the purchase order for major Fire Engine and Apparatus repairs from Fire Apparatus Solutions in the amount not to exceed $ 100,000 in Fiscal Year 2022-2023.
3.28. Time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 (32-unit Cohen Residential Project).
ACTION: 1) Approved a one -year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Orange Municipal Code Section 17.08.060; and 2) Approved a six -year time extension for Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19 pursuant to Subdivision Map Act Section 66452.6(e).
3.29. Monthly Treasurer’s Report for July, August, and September 2022.
ACTION: Received and filed.
3.30. Addition of 167 N. Little Main Street to the City of Orange Historic Resources Inventory.
Written Public Comment
Tony Trabucco, OTPA, submitted an eComment in support of approval.
City Council Minutes - Final November 15, 2022
ACTION: Adopted findings of the cultural resource assessment and include 167 N.
Little Main Street in the City of Orange Historic Resources Inventory.
3.31. Approval of amendment to Orange Management Association (OMA) salary tables increasing the salary for the classification of Senior Plan Check Engineer .
Resolution No. 11425.
ACTION: Adopted Resolution No. 11425. A Resolution of the City Council of the City of Orange amending Resolution No. 11272 between the City of Orange and the Orange Management Association.
3.32. Classification, compensation, and terms of employment of Part -Time and Limited Duration employees for the period of July 1, 2022 through December 31, 2023.
Resolution Nos. 11423 and 11424.
ACTION: 1) Adopted Resolution No. 11423. A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment for Part-time and Limited Duration employees of the City of Orange effective July 1, 2022 through and including December 31, 2023, and repealing Resolution No. 11359 and amendments thereto.
2) Adopted Resolution No. 11424. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11411 and amending the citywide pay schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.
3.33. Adoption of Fiscal Year Ended June 30, 2022, Measure M 2 Expenditure Report .
Resolution No. 11420.
ACTION: Adopted Resolution No. 11420. A Resolution of the City Council of the City of Orange concerning the Fiscal Year 2021-2022 Measure M 2 Expenditure Report for the City of Orange.
Approval of the Consent Calendar
Items 3.4 and 3.15 were 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 Monaco, to approve the Consent Calendar as recommended. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR MURPHY
None
City Council Minutes - Final November 15, 2022
5. REPORTS FROM COUNCILMEMBERS
Councilmember Gutierrez
Councilmember Gutierrez highlighted the following local business: OC Martial Arts & Fitness.
Councilmember Tavoularis
Councilmember Tavoularis welcomed Interim City Manager Tom Kisela, and announced the third ad hoc committee meeting for the North Tustin revisioning plan is scheduled for Thursday, January 26 at 5:30 p.m. in the Council Chamber.
Councilmember Barrios
Councilmember Barrios requested a memorial adjournment for community member Rudy Diaz.
6. ADMINISTRATIVE REPORTS
6.1. Grijalva Park Skatepark Project Update.
Community Services Assistant Director Emily Bustamante provided a staff report and answered Council's questions. Council discussed design concept, available funds, maintenance costs, and grants eligibility.
Staff confirmed the $ 1.7 million in lieu park fees received by The Irvine Company for the Santiago Hills development could be used to fund the skate park.
A motion was made by Councilmember Monaco, seconded by Councilmember Tavoularis, to allocate development impact fees received by The Irvine Company earmarked for Grijalva Park to fully fund the development of a skate park at Grijalva Park. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
6.2. Historic Property Preservation Agreements (Mills Act Contracts) for three qualified historic properties.
Public Speaker
Doug Ely, architect for the 515 and 529 S. Grand St. Project, spoke in support of approving the Mills Act Contracts for these two properties.
Written Public Comments
Tony Trabucco, OTPA, emailed in opposition of approving Mills Act Contracts for 515 and 529 S. Grand St.
Alison Vukovich emailed in support of approving Mills Act Contracts for 515 and 529 S.
Grand St.
During deliberations, Council discussed the Mills Act guidelines and intent of the Mills Act to preserve historical structures.
City Council Minutes - Final November 15, 2022
A motion was made by Mayor Murphy, seconded by Mayor pro tem Nichols, to approve the three Mills Act Contracts (MAC-413.0-22, MAC -414.0-22, and MAC -418.0-22) between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties and authorize the Mayor and City Clerk to execute the contracts on behalf of the City. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
6.3. Request to implement permit parking on both sides of Lilac Lane from Culver Avenue to Orchard Avenue, both sides of Plum Lane from Culver Avenue to Orchard Avenue, and both sides of Orchard Avenue from Flower Street to the easterly terminus of the street. Resolution No. 11422.
Public Speaker
Diane Vallejo spoke in support of approving the permit parking.
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to: 1) Approve permit parking on both sides of Lilac Lane from Culver Avenue to Orchard Avenue; 2) Approve permit parking on both sides of Plum Lane from Culver Avenue to Orchard Avenue; 3) Approve permit parking on both sides of Orchard Avenue from Flower Street to the easterly terminus of the street; and 4) Adopt Resolution No. 11422. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11385 and adopting a revised master resolution of permit parking areas within the City of Orange.
The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
RECESS: The City Council recessed at 7:46 p.m. and reconvened at 7:59 p.m. with all Members present.
7. REPORTS FROM CITY MANAGER
None
8. PUBLIC HEARINGS
8.1. Public Hearing to consider Conditional Use Permit No. 3154-21, Design Review No. 5060-21, and Minor Site Plan Review No. 1074, and Zone Change No. 1305-21 for a new express car wash facility and associated vacuum canopies located at 1325 West Katella Avenue, and finding that the Zone Change was already considered in the scope of the City of Orange General Plan Program EIR, and the project is exempt from CEQA.
Note: Applicant has requested to continue this item to a date uncertain.
City Council Minutes - Final November 15, 2022
A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to continue the Public Hearing, Item 8.1, to a date uncertain. The motion carried by the following vote:
Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
NoneAbsent:
8.2. Public Hearing to consider Appeal No. 0558-22, District Lounge, 223 W. Chapman Avenue.
Councilmember Barrios announced as the appellant she would not participate from the dais; she left the dais at 8:02 p.m.
Robert Garcia provided an overview of the proposed project.
Mayor Murphy opened the Public Hearing at 8:10 p.m.
Public Speakers
Councilmember Arianna Barrios, appellant, spoke in support of approving the appeal.
Mario Marovic, applicant, spoke in support of denying the appeal and requested modifications to the conditions of approval.
Richard Muniz spoke in support of approving the appeal.
Written Public Comment
Lauren Maples emailed concerns with the noise levels at the District Lounge.
Mayor Murphy closed the Public Hearing at 8:55 p.m.
Council discussed noise levels, staffing of proposed patio, and conditions as outlined in the CUP.
A motion was made by Councilmember Monaco to deny Appeal No. 0558-22; modify Resolution No. PC 26-22 Condition Nos. 29, 21, and 1 by incorporating the applicant's suggested changes; remove Condition No. 18; and refund the applicant's City fees of $10,000.
During further discussion Councilmember Dumitru requested the refund be reduced by 50% (up to $5,000). Councilmember Monaco agreed to the amendment.
An amended motion was made by Councilmember Monaco, seconded by Councilmember Dumitru, to deny Appeal No. 0558-22; modify Resolution No. PC 26-22 Condition Nos. 29, 21, and 1 by incorporating the applicant's suggested changes; remove Condition No. 18; and refund the applicant's City fees of up to $5,000. The motion carried by the following vote:
Nichols, Monaco, Dumitru, Tavoularis, and MurphyAyes:
GutierrezNoes:
NoneAbsent:
BarriosRecused:
City Council Minutes - Final November 15, 2022
Conditions of approval were modified as follows:
Condition No. 29
The patio shall be enclosed, and any gates located on the patio shall be restricted to emergency exit use Thursday - Saturday after 10:00 p.m. or during special events .
Sign(s) shall be posted on all patio gate (s) indicating “Emergency Exit Only on Thursday to Saturday after 10:00 p.m.” Nothing herein shall prohibit staff from allowing or otherwise assisting any customer with a disability to use the patio gate to enter or exit the premises at any time to comply with ADA requirements.
Condition No. 21
There shall be no advertising of alcoholic beverages or drink specials on the exterior of the business at any time. There shall be no generic drink specials, such as: “half off drinks, two for one drinks, buy one get one free, etc .” No alcoholic beverages will be discounted more than 30% off its regular price.
Condition No. 1
That all existing conditions of approval as approved by Conditional Use Permit No . 2760-09, Planning Commission Resolution No. PC 30-10 shall remain in effect. To the extent there are any conflicts between the conditions of approval as approved by Conditional Use Permit No. 2760-09, and the conditions of approval in this Conditional Use Permit No. 3186-22, the conditions of approval in Conditional Use Permit No . 3186-22 shall prevail.
Councilmember Barrios returned to the dais at 9:48 p.m.
RECESS: The City Council recessed at 9:49 p.m. and reconvened at 9:58 p.m. with all Members present, except Councilmember Monaco who was absent.
8.3. Public Hearing to consider Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and Development Agreement No . 0008-22; a request to rehabilitate two historic buildings at 410 W. Chapman Avenue and 135 N. Atchison Street, remove non -historic structures, construct two new buildings, and provide parking relief to Old Town Gateway, LLC in return for dedication and maintenance of a public access pedestrian walkway between N. Atchison Street and N. Cypress Street, and finding of CEQA exemption. Ordinance No. 08-22 and Resolution No. 11421.
Mayor Murphy opened the Public Hearing at 10:06 p.m.
Public Speakers
Leason Pomeroy, applicant, spoke in support of the project.
Al Ricci, applicant, spoke in support of the project.
Written Public Comment
Tony Trabucco, OTPA, emailed concerns with the process of delisting a historic resource and requested Council consider continuing the item.
City Council Minutes - Final November 15, 2022
Mayor Murphy closed the Public Hearing at 10:20 p.m.
During deliberations, Council discussed parking, width of paseo, and size of third building.
A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez to approve Buildings 1 and 2, excluding Building 3 to allow for additional parking.
During further discussion, Council asked about the possibility of widening the paseo.
Councilmember Dumitru made a substitute motion to approve the project as recommended with the removal of the glass partitions between buildings 2 and 3 creating a second outdoor pedestrian access.
A motion was made by Councilmember Dumitru, seconded by Mayor Murphy, to:
1) Introduce and conduct First Reading of Ordinance No. 08-22 approving Development Agreement No. 0008-22 vesting development rights with Old Town Gateway, LLC in return for dedication and maintenance of a public access pedestrian walkway between N. Atchison Street and N. Cypress Street. An Ordinance of the City Council of the City of Orange approving a Development agreement with Old Town Gateway, LLC for a project on a site located at 401 W. Chapman Avenue and 135 N.
Atchison Street.
2) Adopt Resolution No. 11421. A Resolution of the City Council of the City of Orange approving Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and Development Agreement No. 0008-22 to rehabilitate two historic buildings and remove non -historic sheds to construct two new commercial buildings and create a pedestrian paseo at 410 W. Chapman Avenue and 135 N.
Atchison Street.
3) Remove glass partitions between buildings 2 and 3 creating a second outdoor pedestrian access.
The motion carried by the following vote:
Nichols, Dumitru, Tavoularis, and MurphyAyes:
Barrios, and GutierrezNoes:
MonacoAbsent:
(Item 8.5 was re-ordered to be heard before Item 8.4.)
8.5. Public Hearing to receive and file report summarizing measures taken to evaluate impacts addressed by interim Ordinance No. 18-21; and to consider adoption of second extension of interim Ordinance No. 18-21 and finding of CEQA exemption.
Mayor Murphy opened the Public Hearing at 11:12 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 11:12 p.m.
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Gutierrez, to:
1) Receive and file report of measures taken.
2) Adopt Ordinance No. 18-21-B. Second extension of an interim Ordinance of the City
City Council Minutes - Final November 15, 2022
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.
The motion carried by the following vote:
Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
MonacoAbsent:
8.4. Public Hearing to consider Introduction and First Reading of Ordinance No. 10-22 creating the Neighborhood Preservation Overlay Zone; providing development standards to regulate the addition of bedrooms or bathrooms to a primary residence within specified boundaries; revising or adding definitions pertaining to residential additions and student housing; and updating provisions for reviewing body approval of specified matters.
Entered into the record: A proposed revision to Ordinance No. 10-22, Section
17.28.080C.3, to establish a baseline from which the additional 100 square feet of open space is to be provided. Should the required open space already exist on a lot as a surplus, then the surplus may fulfill the requirement.
Mayor Murphy opened the Public Hearing at 11:14 p.m.
Public Speaker
Doug Ely spoke in support of the ordinance but expressed concerns with some of the sections.
Staff clarified that any deviations from the ordinance can be reviewed by the Zoning Administrator for approval.
Written Public Comment
Tony Trabucco, OTPA, submitted an eComment in support of approving the proposed ordinance.
Mayor Murphy closed the Public Hearing at 11:18 p.m.
A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of amended Ordinance No. 10-22.
An Ordinance of the City Council of the City of Orange creating the Neighborhood Preservation Overlay Zone; providing development standards to regulate the addition of bedrooms or bathrooms to a primary residence within specified boundaries; revising or adding definitions pertaining to residential additions and student housing; and updating provisions for reviewing body approval of specified matters. The motion carried by the following vote:
Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
MonacoAbsent:
City Council Minutes - Final November 15, 2022
8.6. Public Hearing to consider Introduction and First Reading of Ordinance No. 09-22 containing administrative updates to various sections of the Orange Municipal Code and finding of CEQA exemption.
Mayor Murphy opened the Public Hearing at 11:22 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 11:22 p.m.
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 09-22. An Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, make administrative adjustments, and achieve internal consistency .
The motion carried by the following vote:
Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
MonacoAbsent:
9. ITEMS RELATED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY
9.1. Report from the Finance Director of the Industrial Development Authority of the City of Orange.
A motion was made by Mayor Murphy, seconded by Councilmember Barrios, to receive and file report. The motion carried by the following vote:
Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:
NoneNoes:
MonacoAbsent:
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:25 p.m.
The next Regular City Council meeting will be held on Tuesday, December 13, 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