City of Orange
City Council
April 11, 2023
MINUTES - FINAL
The City Council of the City of Orange, California convened on Tuesday, April 11, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:30 PM EMPLOYEE RECOGNITION
1. WELCOME
Mayor Slater welcomed everyone to the Employee Service Awards.
2. EMPLOYEE SERVICE AWARDS
Employees were recognized for their years of service to the City and the community.
3. RECESS
The City Council recessed at 4:50 p.m. and convened in Closed Session at 5:00 p.m. 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, and Slater
Absent: Gyllenhammer
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, except Councilmember Gyllenhammer who was absent, to discuss the following:
City Council Minutes - Final April 11, 2023
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Item 3a(2) was re -ordered to be heard before Item 3a(1). Mayor pro tem Barrios recused herself from Item 3a(2) due to a potential conflict with a nearby property interest and left Closed Session at 5:05 p.m.
2) Pursuant to Government Code Section 54956.8
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010, 039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Mayor pro tem Barrios returned to Closed Session at 5:35 p.m. 1) Pursuant to Government Code Section 54956.8
Property Location: 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
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES d. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management Association, City of Orange Police Association, City of Orange Police Management Association
RECESS TO REGULAR MEETING: At 6:10 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 10:10 p.m. with all Members present, except Councilmember Gyllenhammer who was absent.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 11:59 p.m.
City Council Minutes - Final April 11, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:13 p.m.
1.1 INVOCATION
Given by Pastor Ric Olsen, City of Orange Fire Chaplain.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
1.4 PRESENTATIONS/ANNOUNCEMENTS
OCTA Transportation Services Presentation
City of Hope Orange County Presentation
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Public Speakers
David Nunez criticized comments made during the City Council discussion of the sidewalk vendor ordinance at the March 28, 2023, meeting.
Bill Vaughter spoke in opposition of a proposed cemetery near Palmyra Avenue.
Doug Newall inquired about the current water restrictions and asked if /when the restrictions would be lifted.
Written Comments
Janice Brownfield emailed about the importance of reducing green house gas emissions.
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. Confirmation of warrant registers dated March 2, 10, 16, 24, and 30, 2023.
ACTION: Approved.
City Council Minutes - Final April 11, 2023
3.2. Approval of minutes of the City of Orange City Council Regular Meetings held on March 14, 2023, and March 28, 2023, and Special Meeting held on March 30, 2023.
ACTION: Approved minutes as presented.
3.3. Approval of Cooperative Agreement MA -080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.
ACTION: Approved five -year Cooperative Agreement MA -080-23010376 with the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District, in the amount of $ 75,000 and authorized the Mayor and City Clerk execute on behalf of the City.
3.4. Agreement with Alexander’s Contract Services for meter reading services.
ACTION: 1) Authorized the transfer of $220,000 from account number 600.8041.50002.00000, Regular Salaries to account number 600.8041.51670.00000, Other Professional & Consulting Services; and 2) Approved the service agreement with Alexander’s Contract Services in the amount of $ 220,000 for meter reading services and authorized the Mayor and City Clerk to execute on behalf of the City.
3.5. First Amendment to agreement with Protel Communications, Inc. DBA ProTelesis for VoIP telephone upgrade.
ACTION: Approved the first amendment to agreement with Protel Communications, Inc. doing business as ProTelesis in the amount of $ 72,833.35 for VoIP telephone upgrade; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Cooperative agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.
ACTION: Approved the cooperative agreement with the City of Villa Park in the amount of $ 100,000, representing the estimated cost of construction plus contingency, for the East Cerro Villa Drive Improvement Project; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.7. Second Amendment to Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.
ACTION: 1) Authorized the appropriation of $ 50,000 from the Building Records Management Fee unreserved fund balance to expenditure account 110.6001.51670.00000 - Building Records Management Fee - Other Professional and Consulting Services; and 2) Approved the second amendment to agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.8. Claims for Damages.
ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster:
1. Mercury Insurance a/s/o Faiza Bounetta
3.9. Claim for Damages from Laurie Cesena (Continued from March 28, 2023).
ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster:
1. Laurie Cesena
City Council Minutes - Final April 11, 2023
3.10. Award of Contract to South Coast Industrial Door Inc. for Garage Door Replacement at the Corporation Yard and Fire Stations; Bid No. 22-23.31.
ACTION: Approved contract with South Coast Industrial Door, Inc. in the total amount of $ 377,982, representing an original amount of $ 328,680, plus a 15% contingency of $49,302, for Garage Door Replacement at the Corporation Yard and Fire Stations, and authorized the Mayor and City Clerk to execute on behalf of the City.
3.11. Award of Contract to R .J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2022-2023 (Bid No. 22.23.27); and finding of CEQA exemption.
ACTION: Approved contract with R .J. Noble Company in the total amount of $5,641,615 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12. Award of Contract to Ramona, Inc. for the Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 Project, Bid No. 22-23.20; and finding of CEQA exemption.
Entered into the record: Location maps for the proposed locations of Annual Sewer Replacement/Maintenance work.
ACTION: 1) Authorized the transfer of $ 400,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56200.15508, Sewer Line Maintenance /Replacement; and 2) Awarded the contract to Ramona, Inc. in the amount of $ 2,487,250, for Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 and authorized the Mayor and City Clerk to execute on behalf of the City.
3.13. Second Reading and adoption of 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. Ordinance No. 03-23
A speaker card was submitted for Item 3.13; therefore, the item was removed from the Consent Calendar for separate consideration.
Public Speakers:
Doug Newall expressed concerns with enforcement.
Brandy Romero described a program that provides resources to people wanting to open their own business.
ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to adopt Ordinance No. 03-23. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
GyllenhammerAbsent:
City Council Minutes - Final April 11, 2023
3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23.
Item 3.14 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru.
Public Speakers
Brandy Romero spoke in support of adoption.
Shirley Grindle expressed concerns with the proposed ordinance applying to the Campaign Reform ordinance.
Doug Newall spoke in support of adoption.
During discussion, Council requested several amendments to the proposed ordinance to include:
· Added provision regarding financial disclosures.
· Added provision regarding enforcement of discretionary design standards. · Added provision regarding qualifications for hearing officer. · Added provision limiting scope of citation authority to codes specific to issuing staff’s job.
· Added provision for hardship waiver of fines and appeal fees. · Extension of time within which to pay fine or request appeal. · Clarification that all fees and fines are refunded if citation is dismissed.
The City Council also recommended a reduction in the administrative citation appeal fee. City Attorney Binning clarified that the appeal fee is adopted by Resolution. City Attorney Binning also clarified the proposed ordinance would not apply to the Campaign Reform Ordinance.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez to adopt Ordinance No. 04-23 as presented.
ACTION: A substitute motion was made by Mayor Slater, seconded by Councilmember Dumitru, to continue Ordinance No. 04-23 to the May 9, 2023, Regular meeting and direct staff to make amendments as discussed. The motion carried by the following vote:
Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
BarriosNoes:
GyllenhammerAbsent:
3.15. Authorize sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc.
ACTION: Approved the sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to exceed $44,000.
City Council Minutes - Final April 11, 2023
3.16. Authorize sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc.
ACTION: Approved the sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc. for an amount not to exceed $84,525.
3.17. Authorize the increase of purchase order for rescue ambulance gurney service and repair from Stryker Medical.
ACTION: Approve the increase of purchase order for rescue ambulance gurney service and repair for $15,000 from Stryker Medical.
3.18. Declaring the property located at 692 North Adele Street, former Water Well Site #16, as surplus to the City ’s needs, and authorizing the disposal of the property .
Resolution No. 11445.
Item 3.18 was removed from the Consent Calendar for separate consideration by Councilmember Bilodeau and Councilmember Gutierrez.
Mayor pro tem Barrios left the dais at 7:36 p.m. and returned at 7:43 p.m.
Public Speaker
Shirley Grindle spoke in opposition of adopting proposed Resolution No. 11445.
ACTION: A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to table the item for further evaluation. The motion carried by the following vote:
Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
Barrios, and GyllenhammerAbsent:
3.19. Designation of April 28, 2023, as Arbor Day. Resolution No. 11446.
ACTION: Adopted Resolution No. 11446. A Resolution of the City Council of the City of Orange designating April 28, 2023, as Arbor Day.
Approval of the Consent Calendar
Item Nos. 3.13, 3.14, and 3.18 were removed for separate discussion. All other items were approved as recommended.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to approve the Consent Calendar. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
GyllenhammerAbsent:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
Mayor Slater reported he is in the process of interviewing applicants for the one remaining vacancy on the Library Board of Trustees.
City Council Minutes - Final April 11, 2023
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Mattern's Sausage and Deli.
6. ADMINISTRATIVE REPORTS
6.1. Old Towne Parking Study Findings and Recommendations.
A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to receive and file report. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
GyllenhammerAbsent:
6.2. Parameters for Naming the Pocket Park at Well 28.
Direction was provided to staff.
6.3. A Resolution delegating authority to the City Manager to make technical changes and other non -substantive edits to the 2021-2029 Housing Element that may result from the California Department of Housing and Community Development review, in a form approved by the City Attorney, for final certification of the Housing Element, without further City Council consideration or re -adoption of the 2021-2029 Housing Element.
City Attorney Binning provided the staff report and reviewed the process for adopting the City's Housing Element. She indicated that HCD had suggested adopting a resolution allowing for non-substantive changes.
Public Speakers
Elizabeth Hansburg spoke in opposition of adopting proposed Resolution No. 11448.
Daniel Gehman spoke in opposition of adopting proposed Resolution No. 11448.
Written Comments
Keith Diggs emailed in opposition of adopting proposed Resolution No. 11448.
Matthew Gelfand emailed in opposition of adopting proposed Resolution No. 11448.
A motion was made by Councilmember Dumitru, seconded by Councilmember Bilodeau, to adopt Resolution No. 11448. A Resolution of the City Council of the City of Orange granting the City Manager the authority to make specified changes to the 2021-2029 adopted Housing Element. The motion carried by the following vote:
Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
BarriosNoes:
GyllenhammerAbsent:
City Council Minutes - Final April 11, 2023
7. REPORTS FROM CITY MANAGER
None
8. LEGAL AFFAIRS
8.1. Introduction and First Reading of Ordinance No. 05-23 authorizing updates to the informal bid limits set forth in the Orange Municipal Code.
A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to introduce and conduct First Reading of Ordinance No. 05-23. An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange Municipal Code to update Uniform Public Construction Cost Accounting Act references to conform to current law. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
GyllenhammerAbsent:
RECESS: The City Council recessed at 8:53 p.m. and reconvened at 9:07 p.m. with all Members present, except Councilmember Gyllenhammer who was absent.
9. PUBLIC HEARINGS
9.1. Public Hearing to consider Appeal No. 0562-23, Street Lights Mixed -Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
Mayor Slater opened the Public Hearing at 9:16 p.m.
Public Speakers
Adam Frankel, appellant.
Scott Levi, applicant.
Written Comments
Jason A. Cohen, Southwest Regional Council of Carpenters, emailed in support of approving the appeal and denying the project.
Mayor Slater closed the Public Hearing at 10:08 p.m.
A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to deny Appeal 0562-23. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and SlaterAyes:
NoneNoes:
GyllenhammerAbsent:
Staff will return with a Resolution reflecting the action taken.
City Council Minutes - Final April 11, 2023
Council recessed at 10:10 p.m. and reconvened in Closed Session at 10:15 p.m. with all Members present, except Councilmember Gyllenhammer who was absent.
Council reconvened in Open Session at 11:59 p.m. with nothing to report out.
10. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:59 p.m. to a meeting on Tuesday, April 18, 2023 at 4:30 p.m. in the Council Chamber.
The next Regular City Council meeting will be held on Tuesday, April 25, 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