HomeMy WebLinkAbout11-15-2022 Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 13, 2022
MINUTES
City of Orange
City Council
November 15, 2022
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.
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City Council Minutes 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 tern, 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 tern 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 tern 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 Corner 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.
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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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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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.
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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
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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 M2 unreserved fund balance to the following expenditure
accounts for Traffic Improvement-Measure M2: $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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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.)oxxx):
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.
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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
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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 0-rings for Well PFAS treatment
systems from various vendors.
ACTION: Approved purchase orders for PFAS cartridge filters and 0-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.
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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 M2 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 M2 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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
None
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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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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.
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A motion was made by Mayor Murphy, seconded by Mayor pro tern 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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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 tern 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:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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
11
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.
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A motion was made by Councilmember Monaco, seconded by Mayor pro tern Nichols,
to continue the Public Hearing, Item 8.1, to a date uncertain. The motion carried by the
following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: None
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:
Ayes: Nichols, Monaco, Dumitru, Tavoularis, and Murphy
Noes: Gutierrez
Absent: None
Recused: Barrios
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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.
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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:
Ayes: Nichols, Dumitru, Tavoularis, and Murphy
Noes: Barrios, and Gutierrez
Absent: Monaco
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 tern 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
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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:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Monaco
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:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Monaco
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City Council Minutes 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 tern 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:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Monaco
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:
Ayes: Nichols, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy
Noes: None
Absent: Monaco
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.
4
PAMELA COLEMAN MARK A. MURPHY
CITY CLERK MAYOR
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