City of Orange
City Council
March 28, 2023
MINUTES - FINAL
The City Council of the City of Orange, California convened on March 28, 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
ITEM TO BE ADDED TO CLOSED SESSION AGENDA
In accordance with Government Code Section 54954.2(b)(2), City Attorney Binning requested an urgency item be added on the Closed Session agenda as there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to add an urgency item to Closed Session, Conference with Legal Counsel - Anticipated Litigation. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
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 including the urgency item added earlier:
City Council Minutes - Final March 28, 2023
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1
Title: Finance Director
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.
Orange County Superior Court Case No. 30-2022-01247785
c. 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)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property Location: 101 E. Chapman Avenue
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Property: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
e. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association, Orange Fire Management Association RECESS TO REGULAR MEETING: At 6:11 p.m., the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.
The City Council reconvened in Closed Session at 11:19 p.m. with all Members present .
Councilmember Gutierrez left the meeting at 11:40 p.m.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 12:30 a.m.
City Council Minutes - Final March 28, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:15 p.m.
1.1 INVOCATION
Given by Orange Fire Chief Sean deMetropolis.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the month of March as Women's History Month.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Written Comments
Janice Brownfield emailed encouraging the City to restrict the use of natural gas.
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. Claim for Damages.
Speaker cards were submitted for Item 3.2; therefore, the item was removed from the Consent Calendar for separate consideration.
Public Speakers
The following spoke in opposition of denying the claim: Laurie Cesena and Carey Burnett.
City Council Minutes - Final March 28, 2023
ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to continue Item 3.2 to April 11, 2023. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
3.3. First Amendment to Contract with Tess Electric, Inc. for electrical improvements at Wells 23 and 24.
ACTION: Approved the First Amendment to Contract with Tess Electric, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
3.4. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee, and Traffic Commission. Ordinance No. 01-23
ACTION: Adopted Ordinance No. 01-23.
3.5. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits. Ordinance No. 02-23 Note: Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes.
ACTION: Adopted Ordinance No. 02-23.
3.6. Authorize purchase of police AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement.
ACTION: 1) Approved the purchase of AR -15 rifles, exterior vest plate carriers, and equipment from ProForce Law Enforcement for a total amount of $ 213,171; and 2) Authorized the appropriation of $ 213,171 from Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000, Federal Asset Forfeiture - Equipment.
3.7. Authorize the purchase of additional Microsoft enterprise maintenance licenses from Insight Public Sector.
ACTION: Approved the purchase of one hundred additional Microsoft 365 enterprise maintenance licenses for the 3rd year of the Microsoft Enterprise Agreement for $34,044.50 from Insight Public Sector.
3.8. A California Public Employees’ Retirement System (CalPERS) Health Resolution incorporating Non-PERS Elected Officials. Resolution No. 11441.
Note: Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes.
ACTION: Adopted Resolution No. 11441. A Resolution of the City Council of the City of Orange electing to be subject to the Public Employees’ Medical and Hospital Care Act at an equal amount for employees and annuitants with respect to a recognized employee organization.
City Council Minutes - Final March 28, 2023
3.9. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to Firefighters Grant Program and if awarded, authorizing acceptance. Resolution No. 11442.
ACTION: Adopted Resolution No. 11442. A Resolution of the City Council of the City of Orange authorizing the Fire Chief or designee to submit a grant application on behalf of the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24 Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the City.
Approval of the Consent Calendar
Item 3.2 was removed from the Consent Calendar and heard separately. Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered no votes on Items 3.5 and 3.8. All other items were approved as recommended.
A motion was made by Councilmember Bilodeau, 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
4.1. Review of Development Standards for Urban Projects Mayor Slater requested that staff return with a report on current development standards and options for revisions to sidewalk width requirements.
A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to return with a report on current development standards and options for revisions to sidewalk width requirements. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
5. REPORTS FROM COUNCILMEMBERS
5.1. Frequency of Park Planning and Community Events Commission Meetings (Tavoularis)
Public Speaker
Eugene Fields spoke in support of increasing the number of Park Planning & Community Events Commission meetings from four to six meetings a year.
Written Comment
Park Planning & Community Events Commissioner Chip Ahlswede emailed in support of increasing the number of meetings.
City Council Minutes - Final March 28, 2023
Council discussed their support for increasing the meetings to six times a year.
Councilmember Tavoularis made a motion to increase the Park Planning & Community Events Commission meetings from four to six meetings a year. Motion seconded by Councilmember Gyllenhammer.
During discussion, Council requested to amend the motion to include having staff return with recommendations regarding the Commission's duties and responsibilities for Council consideration. Councilmember Tavoularis declined the amendment.
A substitute motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to increase the Park Planning & Community Events Commission meetings from four to six meetings a year and direct staff to return with recommendations regarding the Commission's goals, mission, duties, and responsibilities for Council consideration at a future meeting. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
5.2. Other Councilmember Reports
Councilmember Tavoularis reported the Clean Orange subcommittee had their first meeting, and they changed the name of the subcommittee to Sweet Orange. The North Tustin Street Re -Visioning ad hoc committee has concluded its community meetings and will draft a report for the City Council. In the meantime, the ad hoc committee requested a staff report outlining any zoning between Meats and Lincoln that is inconsistent with the General Plan.
Councilmember Gutierrez reported the Santiago Creek subcommittee will have their first meeting on April 18.
Mayor pro tem Barrios announced that the City will be receiving funds from County Board of Supervisor Wagner and Supervisor Sarmiento for the Park Plaza safety improvement project and fountain restoration. There will be a press conference and check presentation on Thursday, March 30.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Appointment of Mike Ludin to the Investment and Audit Committee.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Tavoularis, to appoint Mike Ludin to the Investment and Audit Committee for a two-year term ending on June 30, 2025. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
City Council Minutes - Final March 28, 2023
7. ADMINISTRATIVE REPORTS
7.1. Orange Police Department 2022 Crime Report/General Overview.
Police Chief Adams presented the 2022 Orange Police Department Annual Report.
Public Speaker
Carole Walters spoke in support of the Police Department and its leadership.
A motion was made by Councilmember Gutierrez, seconded by Councilmember Bilodeau, to receive and file the report. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
RECESS: The City Council recessed at 7:46 p.m. and reconvened at 7:58 p.m. with all Members present.
8. REPORTS FROM CITY MANAGER
None
9. LEGAL AFFAIRS
9.1. Introduction and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of the Orange Municipal Code related to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of Resolution No. 11443 setting fines and fees.
Code Compliance Supervisor Rafael Perez and Darwin Cheng, Assistant Director of Orange County Health Care Agency's Environmental Health Division, provided the staff report utilizing a PowerPoint presentation. They answered Council's questions regarding various requirements under Senate Bill 972 and current enforcement measures.
Public Speakers
The following spoke in support of approving the proposed ordinance: Robert Boice (representing OTPA) and Brandy Romero.
Douglas Newall expressed concerns with not enough code compliance staff to properly enforce the ordinance.
Written Comment
Regina Mundekis emailed in support of the proposed ordinance.
During further deliberation, Council discussed adding a component to the City's 24/7 app for reporting violations, creating a reserve program for code compliance officers, and revisiting the ordinance in a year.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 03-23. An Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter 5.54 relating to regulation of sidewalk vendors. The motion carried by the following vote:
City Council Minutes - Final March 28, 2023
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount of fines and fees relating to sidewalk vendors and sidewalk vending permits. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
9.2. Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.
Code Compliance Supervisor Perez provided the staff report and answered Council's questions.
Public Speakers
The following spoke in support of approving the ordinance: Tony Trabucco, Sue Vaurs, Vickie Laughlin, Diana Zdenck, and Doug Newall.
During further discussion, Code Compliance Supervisor Perez clarified that fines are determined by California Government Code.
Councilmember Dumitru expressed concerns with the proposed ordinance not designating specific positions authorized to issue citations, and also suggested the position(s) be identified as filers in the City's Conflict of Interest Code.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. The motion carried by the following vote:
Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
DumitruNoes:
NoneAbsent:
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange setting the amount of fines and fees for violations of the Orange Municipal Code relating to administrative citations. The motion carried by the following vote:
Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
DumitruNoes:
NoneAbsent:
10. PUBLIC HEARINGS
10.1. Continued Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. (Continued from February 14, 2023)
City Council Minutes - Final March 28, 2023
Mayor Slater opened the Public Hearing at 10:02 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 10:02 p.m.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to: 1) Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan; 2) Approve the Second Amendment to the 2021-2022 Annual Action Plan to incorporate the HOME -ARP Plan and submit to the Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager or their designee to finalize the draft HOME -ARP Plan and execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan and HOME -ARP Allocation Plan on behalf of the City. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
RECESS: The City Council recessed at 10:04 p.m. and reconvened at 10:16 p.m. with all Members present.
11. STUDY SESSION
11.1. First Study Session for the Proposed Fiscal Year 2023-24 Budget.
Assistant Finance Director Katrin Bandhauer provided an overview of the Capital Improvement Program and highlights for FY 24 utilizing a PowerPoint presentation.
Written Comment
Regina Mundekis emailed in support of the proposed draft CIP budget.
Report was received and filed.
Council recessed at 11:19 p.m. and reconvened in Closed Session at 11:25 p.m. with all Members present. Councilmember Gutierrez left the meeting at 11:40 p.m.
12. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:30 a.m. on March 29, 2023.
The next Regular City Council meeting will be held on Tuesday, April 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