City of Orange
City Council
May 09, 2023
MINUTES - FINAL
The City Council of the City of Orange, California convened on Tuesday, May 9, 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
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:06 p.m. with all Members present to discuss the following:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Mayor pro tem Barrios recused herself from Item 3(a) due to a potential conflict with a nearby property interest and left Closed Session at 5:06 p.m.
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 returned to Closed Session at 5:20 p.m.
City Council Minutes - Final May 9, 2023
b. 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 6:02 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 12:08 a.m. with all Members present, except Councilmember Tavoularis who was absent.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 12:26 a.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:09 p.m.
1.1 INVOCATION
Given by Pastor Marco Salinas from Spirit & Truth Worship Center.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Hannah MacDonald.
Chamber of Commerce May Parade Awards.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
City Council Minutes - Final May 9, 2023
2. PUBLIC COMMENTS
Public Speakers
Greg Baker spoke in opposition of a proposed cemetery near Palmyra Avenue.
Caren Wolf spoke in opposition of a proposed cemetery near Palmyra Avenue and expressed concerns with lack of weed abatement on the vacant lot at the north end of S. Jennifer Lane.
Carole Walters spoke in opposition of an off ramp at Meats Ave. and the 55 freeway.
Jonathan Zimmerman expressed concerns with loud parties in his neighborhood.
Written Comment
Janice Brownfield emailed encouraging Council to adopt a climate and adaptation plan.
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 April 7, 13, 21 and 27, 2023.
ACTION: Approved.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on April 11, 2023 and Adjourned Regular Meeting held on April 18, 2023.
ACTION: Approved minutes as presented.
3.4. First Amendment to Professional Services Agreement with Cornerstone Communications & Public Relations, Inc. for communications and public relations services.
Item 3.4 was removed from the Consent Calendar for separate consideration by Councilmembers Gyllenhammer and Bilodeau.
Mayor pro tem Barrios recused herself from this item due to a potential conflict with employment and left the dais at 6:49 p.m.
Due to the cost, Council discussed continuing the item until after budget adoption.
Mayor pro tem Barrios returned to the dais after the vote at 7:02 p.m.
City Council Minutes - Final May 9, 2023
ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Bilodeau, to continue Item 3.4 to the July 11, 2023, Regular City Council meeting. The motion carried by the following vote:
Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
BarriosRecused:
3.5. Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services related to active police disciplinary and investigative matters.
ACTION: Approved the Agreement with Liebert Cassidy Whitmore in the amount of $160,000; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:
1. Arnold Sanchez
2. Eugenia Hurtado
3. Mercury Insurance a/s/o Renee Vigo
4. Terrence Velasquez
5. James Rudloff
6. David G. Telles
7. H.L.E. (minor)
3.7. Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.
ACTION: Approved an increase of $ 56,569 to a blanket purchase order with Mobile Concepts, Inc. dba U .S. Mobile Kitchens for core service facility rentals, for a total of $163,958.
3.8. Request to temporarily close the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure. Additionally suspend permit parking in all of permit parking Area “A” for a Retirement celebration.
ACTION: 1) Approved the temporary closure of the city -owned surface parking lot and paseo adjacent to and south of the Old Towne West Parking Structure, contingent upon a special event permit being approved by City staff; and 2) Approved suspension of permit parking in Area “A” between the hours of 2:00 PM and 7:00 PM on May 21, 2023.
3.9. Resolution No. 11453 denying Appeal No. 0562-23 and upholding Planning Commission approval of the Street Lights Mixed -Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
ACTION: Adopted Resolution No. 11453. A Resolution of the City Council of the City of Orange denying Appeal No. 0562-23, and upholding the decision of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative
City Council Minutes - Final May 9, 2023
Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875 to demolish an existing retail building in order to construct a new 255-unit mixed -use apartment development, open parking structure for the adjacent apartment complex use, related site improvements, and a reduction of 48 parking spaces and 670 square feet of open space, located at 840 The City Drive South.
Approval of the Consent Calendar
Item 3.4 was removed for separate discussion. 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, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
END OF CONSENT CALENDAR
* * * * * * * *
4. REPORTS FROM MAYOR SLATER
Mayor Slater discussed posting signage at entrances of the City notifying the public that fireworks are illegal in Orange.
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Salon Adelante.
5.2. Other Councilmember Reports
Councilmember Dumitru reported he attended the Southern California Association of Governments (SCAG) Annual Meeting of the General Assembly on May 4. Regional transportation and regional housing were just a couple of the several items that were discussed. He also announced that he has been appointed to a two -year term on the SCAG Board as the representative of Orange, Tustin, and Villa Park.
Councilmember Bilodeau reported that he serves on the Foothill Eastern TCA (Transportation Corridor Agencies) Board and has been assigned to a subcommittee of the Board. The subcommittee is proposing the construction of a direct connector bridge from the northbound 241 Toll Road to the eastbound 91 express lanes. If approved, the project is expected to be funded by Foothill Eastern TCA unrestricted cash.
Councilmember Gutierrez, representative of the City /Schools Coordinating Committee, reported the following: the committee discussed joint use of school facilities (specifically of the El Modena High School pool ), high school graduation banners will be on display soon, and every city is challenged with hiring and retaining school crossing guards (there are currently 36 vacancies).
Mayor pro tem Barrios announced the Orange County Register has opened its annual
City Council Minutes - Final May 9, 2023
Best of OC readers' choice poll. Readers can submit their online ballot on the newspaper's website.
6. ADMINISTRATIVE REPORTS
6.1. Monthly Treasurer’s Reports for January, February, and March 2023 City Treasurer Richard Rohm presented the staff report and reviewed the investment reports.
Public Speaker
John Nelson asked about the use of street sweeping enterprise funds.
The report was received and filed.
6.2. Purchase and Sale Agreement for the property located at 2829 N. Glassell Street.
During discussion, Council expressed concerns with timing of the purchase. Mayor Slater and Councilmember Bilodeau remarked that time is of the essence when acquiring property.
A motion was made by Councilmember Tavoularis, seconded by Councilmember Bilodeau, to 1) Approve an Agreement for the Purchase and Sale of Real Property in the amount of $ 1,375,000 for 2829 N. Glassell Street with a finding that the location, purpose and extent of the acquisition is in conformity with the City's adopted General Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City; and 2) Authorize the City Manager to execute any additional documents necessary to complete the purchase of the property. The motion carried by the following vote:
Barrios, Tavoularis, Bilodeau, and SlaterAyes:
Gutierrez, and GyllenhammerNoes:
NoneAbsent:
DumitruAbstain:
6.3. Short Term Rental program update and option to increase the maximum number of short term rental permits from 125 to 200.
During discussion, staff answered Council's questions regarding host compliance, code enforcement and delisting non -permitted properties from host platforms, and restitution for TOT.
Public Speakers
The following spoke in opposition of increasing the number of short term rental permits :
Robert Boice, Matt Hamilton, Leslie Manderscheid, Tony Trabucco, Carl Nagy, Michael Fischer, and Mike Alvarez.
Written Comments
The following submitted written comments opposing the increase of short term rental permits: Don Dawson, anonymous, Diane Zdenek, Carol Chaney, Katelin Mansfield, Anna Stevenson, Melissa Estes, Johnny Pham, and Laurona Coulter.
Susan Tillou, Orange Short Term Rental Alliance, submitted an eComment in support of ensuring compliance before increasing the number of permits.
City Council Minutes - Final May 9, 2023
A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to continue Item 6.3 to a date uncertain with staff providing Council with progress reports at regular intervals. The motion carried by the following vote:
Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
NoneAbsent:
RECESS: The City Council recessed at 8:37 p.m. and reconvened at 8:55 p.m. with all Members present.
7. REPORTS FROM CITY MANAGER
None
8. LEGAL AFFAIRS
8.1. 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. (Continued from April 11, 2023) Council discussed removing the following additional language included in the proposed ordinance: "...excluding any nonobjective design or aesthetic standard imposed by discretionary review..." in Section 1.10.030 Definitions "Code" and Section 1.10.050 Administrative Citation - Violation, A(5).
Public Speakers
Robert Boice, OTPA President, spoke in support of adopting the proposed ordinance with the removal of the following additional language "...excluding any nonobjective design or aesthetic standard imposed by discretionary review..." included on pages 4 and 6 of the redlined version.
Tim McCormack spoke in opposition of the following additional language "...excluding any nonobjective design or aesthetic standard imposed by discretionary review ..." included on pages 4 and 6 of the redlined version.
Written Comments
The following submitted written comments in opposition of adopting the proposed ordinance as written: Craig Bayer, Diane Zdenek, Joe and Kay Moreland, Chris Glos, Andrea McCullough, Gloria Freeman Bayer, Adrian Turner, Matt and Carol Craig, Denise Weyhrich, John Goode, Patricia Lee, Patty Ricci, Peggy Calvert, Phil Menard, Steve Baringer, Stephen Bennett, Tom Loughrey, Wendy Bennett, Brandy Romero, Adrienne Gladson, Annalisa Goode, Dana Jordan, Jeannette McClain, Sue Vaurs, Tristan Gonzalez, Fiona Gonzalez, Jeff Frankel, Katelin Mansfield, Suzanne Gonzalez, Ed Gonzalez, Miki McCarthy, and Joseph McCarthy.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Ordinance No. 04-23 with the following amendment: strike "...excluding any nonobjective design or aesthetic standard imposed by discretionary review..." from pages 4 and 6 of the proposed Ordinance. The motion failed by the following vote:
Barrios, Gutierrez, and SlaterAyes:
Dumitru, Tavoularis, Bilodeau, and GyllenhammerNoes:
NoneAbsent:
City Council Minutes - Final May 9, 2023
A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to adopt Ordinance No. 04-23 as proposed. The motion carried by the following vote:
Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:
Barrios, and GutierrezNoes:
NoneAbsent:
Mayor pro tem Barrios left the dais at 9:38 p.m.
9. PUBLIC HEARINGS
9.1. Public Hearing to consider the FY 2023-2024 Annual Action Plan for use of Community Development Block Grant and HOME Investment Partnerships Funding.
Senior Administrative Analyst Jessica Herrera presented the staff report and answered Council's questions regarding the creation of HUD maps and how funds are distributed.
Mayor Slater opened the Public Hearing at 9:42 p.m.
Public Speaker
Sammy Rodriguez expressed concerns with portions of El Modena Barrio being excluded from HUD maps.
Mayor Slater closed the Public Hearing at 9:44 p.m.
During discussion, staff answered Council's questions regarding a Home Improvement Program.
Councilmember Tavoularis left the meeting at 10:33 p.m.
A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to approve the following and to direct staff to return with a report for Council to consider reinstating a Home Improvement Program: 1) Approve the draft Fiscal Year 2023-2024 Annual Action Plan and authorize the City Manager or his designee to execute the Fiscal Year 2023-2024 Memorandum of Understanding with City departments, subrecipient agreements with non -profit agencies, and all related U .S.
Department of Housing and Urban Development documents; 2) Authorize staff to incorporate comments received at the Public Hearing or make changes if needed into the Annual Action Plan before submitting to the Department of Housing and Urban Development. The motion carried by the following vote:
Dumitru, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:
NoneNoes:
Barrios, and TavoularisAbsent:
Mayor pro tem Barrios returned to the dais at 10:41 p.m.
City Council Minutes - Final May 9, 2023
10. STUDY SESSION
10.1. Second Study Session for the Proposed Fiscal Year 2023-24 Budget.
Assistant Finance Director Katrin Bandhauer provided an update on FY 23 General Fund projections, FY 24 General Fund revenues and expenditures, and the status of designated reserves utilizing a PowerPoint presentation. During discussion, direction was provided to staff.
The report was received and filed.
Council recessed at 12:06 a.m. and reconvened in Closed Session at 12:08 a.m. will all Members present, except Councilmember Tavoularis who was absent.
Council reconvened in Open Session at 12:26 a.m. with nothing to report out.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:26 a.m. in Memory of Hannah MacDonald.
The next Regular City Council meeting will be held on Tuesday, May 23, 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