07-13-2021 Council Minutes - Revised Minutes 12-13-2022APPROVED BY THE CITY COUNCIL ON AUGUST 10, 2021
REPORT ON CLOSED SESSION ACTIONS REVISED ON DECEMBER 8, 2022
REVISIONS APPROVED BY THE CITY COUNCIL ON DECEMBER 13, 2022
MINUTES
City of Orange
City Council
July 13, 2021
The City Council of the City of Orange, California convened on July 13, 2021, at 4:04 p.m. in
a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:00 PM EMPLOYEE RECOGNITION
1. ROLL CALL
Present: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Absent: None
Mayor Murphy entered the Chamber at 4:10 p.m.
2. EMPLOYEE SERVICE AWARDS
Recognition of employee service.
3. RECESS
The City Council recessed at 4:29 p.m. and convened in Closed Session with all
Members present.
4:15 PM CLOSED SESSION
1. ROLL CALL
The City Council convened in Closed Session at 4:29 p.m. with all Members present.
2. PUBLIC COMMENTS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 4:30 p.m. with all Members present to
discuss the following:
a.Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Rick Otto, City Manager
Employee Organization: Orange City Firefighters
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b.Conference with Legal Counsel — Existing litigation pursuant to Government Code
Section 54956.9(a) & (d)(1).
1) Case: George and Kalliopi Metsovas, et al. v. City of Orange
Orange County Superior Court Case No. 30-2020-01141543
2) Case: Orange Park Association v. City of Orange
Orange County Superior Court Case No. 30-2019-01113830
3) Case: Paula Acken, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01207319
c.Conference with Legal Counsel — Anticipated litigation pursuant to Government Code
Section 54956.9(d)(2)-(4). (One case)
d.Public Employee Appointment pursuant to Government Code Section 54957(b):
Title: City Manager
e.Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Attorney
4. REPORT ON CLOSED SESSION ACTIONS
During Regular Session, City Attorney Sheatz reported the following: In response to the
July 9, 2021, letter from attorneys representing Mary's Kitchen, the City Council held a
closed-session meeting to discuss the significant threat and exposure to litigation
against the City. The item appeared on the closed-session agenda in compliance with
the Brown Act, as authorized under § 54956.9(d)(2)-(4). The City Council was provided
privileged advice and discussed the possible legal implications of the letter, which
urged the City Council to rescind or stay the termination of the License Agreement by
the City Manager. The City Council did not acquiesce to the demands in the letter,
thereby having the effect of confirming the actions of the City Manager.
5. ADJOURNMENT
Closed Session was adjourned at 5:51 p.m.
6:00 PM REGULAR SESSION
1. OPENING
Mayor Murphy called the meeting to order at 6:06 p.m.
1.1 INVOCATION
Given by Pastor Jonathan Reider from Friends Church Orange.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.
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1.3 ROLL CALL
Present: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation recognizing Police Chief Tom Kisela for 35 years of service.
Proclamation recognizing Flags Over Orange.
Memorial Adjournment in honor of Fred Whitaker, Sr.
Mayor pro tern Nichols announced the Concerts in the Park series at the Hart Park
Band Shell will be held every Wednesday from 7:00 - 8:30 p.m., July 14 through
August 11.
2. PUBLIC COMMENTS
Public Speakers
Mervyn Leon Metoyer requested the City reinstate parking permits for his property.
The following spoke in support of Mary's Kitchen: Natasha Fucile, Matthew McAnena,
Richard Spix, Peggy McAnena Carrillo, Vivian Chun, Elizabeth Martin, Monica Engel,
Tony Chargualaf, Jim Dempsey, Heidi Zimmermann, Carole Walters, Ray Hernandez,
Michael Sawyer, Bert Steensma, Josie Dunbar, James Dall, Michael Wright, Heather
Mittelman, Patrick Hogan, Grant Lehner, Michelle Saldana, Margaret Sharpe, and
Pastor Donald Dermit.
Lisa Ackerman Baldwin spoke regarding ongoing boarding house issues in her
neighborhood.
Crystal Husband spoke in support of allowing live music in the Plaza.
Richard Goldsmith spoke in support of allowing live music in the Plaza.
Written Public Comments
Janice Brownfield emailed encouraging the City to consider community choice energy
as an alternative energy source.
The following submitted emails in support of Mary's Kitchen: Christina Hall, Alex
Hernandez, Patricia Rosman, C. Watt, and Michelle Byerly.
In addition, the following recorded messages were received:
In support of Mary's Kitchen: Pat Davis, Kimberly Adams, Sheena Innocente, Thomas
Fielder, and Lui Noble.
In support of allowing live music in the Plaza: Linda Ramos.
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RECESS: The City Council recessed at 8:03 p.m. and reconvened at 8:18 p.m. with all
members present.
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 June 4, 10, 18, 24, and 30, 2021.
ACTION: Approved.
3.3. Approval of meeting minutes of the City Council of the City of Orange for the
June 8, 2021, Regular Meeting.
ACTION: Approved minutes as presented.
3.4. Agreement with Superion, LLC for continued maintenance of permit management
software.
ACTION: Approved agreement with Superion, LLC in the amount not to exceed
34,346 in Fiscal Year 2021-2022 for maintenance of permitting software; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.5. First Amendment to License Agreement with the County of Orange for use of
office space at Fire Station No. 7.
ACTION: Approved the amendment to agreement with the County of Orange for use of
office space at Fire Station No. 7; and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6. First Amendment to Amended and Restated North Net Joint Powers Training
Agreement with Anaheim to amend the definition of Property to add
approximately 21,500 square feet to the fire training center site.
Note: Councilmember Barrios abstained due to a potential conflict with employment.
ACTION: Approved a First Amendment to Amended and Restated North Net Joint
Powers Training Agreement; and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.7. Agreement with Core BTS, Inc. for Microsoft Office 365 Migration.
ACTION: Approved the agreement with Core BTS, Inc. in the amount of $129,220 for
Microsoft Office 365 migration; and authorized the Mayor and City Clerk to execute on
behalf of the City.
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3.8. Agreement with Siemens Industry, Inc. for implementation of security access
control and video camera management for the new Fire Station 1 and
Headquarters.
ACTION: 1) Approved the agreement with Siemens Industry, Inc. in the total amount of
185,204.40, representing an original bid amount of $168,367.64, plus a 10%
contingency of $16,836.76, for implementation of security access control and video
camera management; and authorized the Mayor and City Clerk to execute on behalf of
the City; and 2) Authorized the appropriation of $185,204.40 from the Capital Bond
Proceeds , unreserved fund balance to expenditure account number
553.5011.56020.20400, Capital Bond Proceeds - Fire Station 1.
3.9. Historic Property Preservation Agreements (Mills Act Contracts) for ten qualified
historic properties.
ACTION: Approved ten Mills Act Contracts between the City of Orange and the
identified property owners for the preservation and rehabilitation of qualified historic
properties, and authorized the Mayor and City Clerk to execute the contracts on behalf
of the City.
3.10. Appropriation of $34,580 in designated grant funding received from the California
Department of Resources Recycling and Recovery for the Beverage Container
Recycling City Payment Program.
ACTION: 1) Accepted into the City's revenue budget a $34,580 grant from the
California Department of Resources Recycling and Recovery into revenue account
number 220.5022.45290.20487, Sanitation & Sewer - Beverage Container Program
20-21.
2) Authorized the appropriation of $34,580 into the following expenditure account
numbers Sanitation & Sewer- Beverage Container Program 20-21:
220.5022.51001.20487 Contractual Services 17,080
220.5022.53001.20487 Materials and Supplies 16,000
220.5022.50002.20487 Regular Salaries - Misc 1,500
3.11. Acceptance and appropriation of $459,659 in American Recovery Act Program
funding for Meal Gap Services.
ACTION: 1) Accepted into the City's revenue budget $459,659 in American Recovery
Act Program Funding from the County of Orange, into revenue account
550.7011.45150.30182, Reimbursable Capital Projects - Federal Grant Revenue; 2)
Authorized the appropriation of $22,983 to Reimbursable Capital Projects expenditure
accounts 550.7011.56002.30182, Staff Time for CIP and $436,676 to
550.7011.56510.30182, CIP Other Capital Outlay; and 3) Authorized the City Manager,
or his designee, to negotiate and execute all necessary documents to implement the
Meal Gap Program.
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3.12. Appropriation of $40,104.20 in revenue from community partnership donations
and user group sports field maintenance.
ACTION: 1) Accepted into the City's revenue budget $40,104.20 in community
partnership donations and user group sports field maintenance into the following
accounts in the General Fund:
20,000.00 100.7015.48390.20473 Donations-Special Events 2021 Season
20,104.20 100.7022.42480.00000 User Group Maintenance Fees
2) Authorized the appropriation of $20,000 into expenditure account number
100.7015.51355.20473 - General Fund - Special Events 2021 Season
3) Authorized the appropriation of $20,104.20 into . expenditure account number
100.7022.51424.00000, General Fund - User Group Maintenance Fees
3.13. Appropriation of $53,576.37 in State of California Office of Emergency Services
funding received.
ACTION: 1) Accepted into the City's revenue budget $53,576.37 in strike team
reimbursement funds from the California Office of Emergency Services, into the
following revenue account number for CAL EMA reimbursements:
100.3024.48212.40249 - Castle Fire; and 2) Authorized the appropriation of
53,576.37 into the following expenditure account number for Overtime-Safety:
100.3024.50221.40249 - Castle Fire.
3.14. Appropriation of$825,000 to Cannon Street Widening Project (30174).
ACTION: 1) Authorized the appropriation of $206,250 from the TSIP unreserved fund
balance to the expenditure account number 287.5011.56330.30174 (Cannon Street
Widening); 2) Accepted into the City's revenue budget a $618,750 grant from Orange
County Transportation Authority, into revenue account number 550.5011.45460.30174
Cannon Street Widening); 3) Authorized the appropriation of $618,750 from
Reimbursable unreserved fund balance into 550.5011.56330.30174 (Cannon Street
Widening); and 4) Authorized staff to execute Letter Agreement No. 21 amending
Agreement No. C-1-2777 with the Orange County Transportation Authority, Measure
M2 Seven-Year Capital Improvement Program for fiscal year 2021-22 through 2027-28
to comply with Measure M2 eligibility criteria.
3.15. Final Acceptance of Bid No. 190-51, Reservoir 2 External Cathodic Protection
System Installation Project; and authorization to file Notice of Completion.
ACTION: Accepted Reservoir 2 External Cathodic Protection System Installation
Project as complete; and authorized staff to file Notice of Completion with the County
Recorder.
3.16. Final Acceptance of Bid No. 20-21.24, Annual Concrete Replacement at Various
Locations, Fiscal Year 2020-2021; and authorization to file Notice of Completion.
ACTION: Accepted Annual Concrete Replacement at Various Locations Project, Fiscal
Year 2020-2021 (SP-4150) as complete and authorized staff to file Notice of
Completion with the County Recorder.
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3.17. Final Acceptance of Bid No. 20-21.05, Landscape Renovation at Skylark Place
and Canyon View Avenue; and authorization to file Notice of Completion.
ACTION: Accepted Landscape Renovation at Skylark Place and Canyon View Avenue
as complete and authorized staff to file Notice of Completion with the County Recorder.
3.18. Approval of plans and specifications for Reservoir 4 Exterior Cathodic Protection
CP) System Installation Project and authorization to advertise Bid No. 21-22.01.
ACTION: Approved the plans and specifications, and authorized advertising for bids.
3.19. Approval of plans and specifications for Well 29 Drilling Project (W-709) and
authorization to advertise Bid No. 21-22.04.
ACTION: Approved the plans and specifications and authorized advertising for bids.
3.20. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Michael Adam Spix
2. Sentinel Insurance Company, Ltd.
3. Arabella Reece
4. Asha Ezzati
5. Corey Schwarz
3.21. Award of Contract to Pacific Polymers, Inc. doing business as American Foam
Experts for Roof Coating at Taft Branch Library; Bid No. 20-21.23 (SP-4145).
ACTION: Approved contract with Pacific Polymers, Inc. doing business as American
Foam Experts in the amount of $65,780, representing an original bid amount of
57,200, plus a 15% contingency of $8,580, for Roof Coating at Taft Branch Library;
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.22. Second Amendment to Contract with Alfaro Communications Construction, Inc.
for Chapman Avenue at Tustin Street Right Turn Lane Improvements.
ACTION: Approved the Second Amendment to Contract with Alfaro Communications
Construction, Inc. in the amount of $20,623.80 for extra work; and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.23. Second Amendment to Contract with Alfaro Communications Construction, Inc.
for Tustin Street at Meats Avenue Right Turn Lane Improvements.
ACTION: Approved the second amendment to contract with Alfaro Communications
Construction, Inc. in the amount of $45,000 for extra work; and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.24. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange approving a Development Agreement with DCSG Three Thousand West,
LLC for a hotel project on a site located at 3000 W Chapman Avenue. Ordinance
No. 08-21.
ACTION: Adopted Ordinance No. 08-21.
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3.25. Authorize purchase of print and audiovisual materials for the Orange Public
Library from Baker&Taylor, Inc.
ACTION: 1) Approved purchase order for print and audiovisual materials from Baker &
Taylor, Inc. in the amount of $115,000; and 2) Authorized the City Manager to approve
increases to the purchase order should the Library receive donations designated for
the purchase of additional print and audiovisual materials.
3.26. Authorize purchase of material and supplies for water maintenance operations
from various vendors.
ACTION: Approved purchase orders for miscellaneous material and supplies for the
following vendors and amounts: Yo Fire - $150,000; C Wells Supply - $150,000; United
Waterworks - $125,000; Ferguson - $100,000; S&J Supply - $100,000; and Armorcast
75,000, for a total not to exceed of$700,000.
3.27. Authorize purchase of one hundred twenty Bendix King handheld VHF radios
and twenty one Bendix King mobile VHF radios from Cross Connections Mobile
Communications.
ACTION: Approved the purchase of one hundred twenty Bendix King handheld VHF
radios and twenty one Bendix King mobile VHF radios in an amount not to exceed
300,000, from Cross Connections Mobile Connections, through National Association
of State Procurement Officials (NASPO) Contract 06913.
3.28. Authorize purchase of fire station alerting system from US Digital Designs, Inc.
ACTION: Approved the purchase of the Phoenix G2 station alerting system in an
amount not to exceed $130,000, from US Digital Designs, Inc.; and authorized the
Mayor and City Clerk to execute the purchase contract on behalf of the City.
3.29. Authorize purchase of Network Engineering Support Services from Sidepath, Inc.
ACTION: Approved the purchase of Network Engineering Support Services from
Sidepath, Inc. for$29,700.
3.30. Request to close the Orange Public Library & History Center and the El Modena
and Taft Branch Libraries for various dates during September 2021 - January
2022.
Item 3.30 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Councilmember Gutierrez thanked library staff for the grab-and-go lunch program being
offered at the El Modena Branch Library.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Barrios, to approve closure of the Orange Public Library facilities to the
public as follows:
Orange Public Library & History Center: Friday, September 3 at 2:30 p.m. and
Saturday, September 4 all day for the Orange International Street Fair; Thursday,
December 23 at 6:00 p.m. through 10:00 a.m. on Monday, January 3 for the City's
annual holiday closure.
All Libraries: Wednesday, November 24 at 6:00 p.m. for Thanksgiving.
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Taft and El Modena Branch Libraries: Thursday, December 23 at 6:00 p.m. through
2:00 p.m. on Monday,January 3 for the City's annual holiday closure.
All Libraries: Monday, January 17 all day for Staff Development Day.
The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
3.31. Grant of easement to AT&T California, located in the Grand Street parking lot,
south of the Community Services building addressed as 230 E. Chapman Ave.
ACTION: Approved the granting of an easement to AT&T California, located in the
Grand Street parking lot south of the Community Services building, addressed as 230
E. Chapman Ave; and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.32. Extension of the existence of a local emergency declared by the City
Manager/Director of Emergency Services in response to the COVID-19
Coronavirus) Pandemic. Resolution No. 11342.
Item 3.32 was removed from the Consent Calendar for separate consideration by
Councilmember Tavoularis.
In response to Council's questions, City Manager Otto confirmed this should be the last
time that this item appears on an agenda. Staff has requested the extension of the
existence of a local emergency for funding purposes. Once the City has exhausted the
use of CARES Act funds, the City can allow the local emergency resolution to expire.
ACTION: A motion was made by Councilmember Monaco, seconded by
Councilmember Dumitru, to adopt Resolution No. 11342. A Resolution of the City
Council of the City of Orange Confirming the Extension of the Existence of a Local
Emergency Declared by the City Manager/Director of Emergency Services in
Response to the COVID-19 (Coronavirus) Pandemic. The motion carried by the
following vote:
Ayes: Nichols, Monaco, Dumitru, Gutierrez, and Murphy
Noes: Barrios, and Tavoularis
Absent: None
3.33. Request for Permit Parking on Mayfair Avenue between Grand and Shaffer
Streets, and adoption of a revised master resolution of permit parking areas
within the City of Orange. Resolution No. 11343.
City Clerk Coleman announced a public speaker card was submitted for Item 3.33;
therefore, the item was removed from the Consent Calendar for separate
consideration.
Public Speaker
James Dinwiddie was not present to speak.
Written Public Comment
James Dinwiddie emailed in opposition of approval of permit parking on Mayfair
Avenue.
ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember
Gutierrez, to: 1) Approve permit parking on Mayfair Avenue between the
above-referenced limits; and 2) Adopt Resolution No. 11343. A Resolution of the City
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Council of the City of Orange rescinding Resolution No. 11216, 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, Gutierrez, Tavoularis, and Murphy
Noes: Dumitru
Absent: None
3.34. Amend the Citywide Pay Schedule in accordance with the requirements of
California Code of Regulations, Title 2, Section 570.5. Resolution No. 11338.
ACTION: Adopted Resolution No. 11338. A Resolution of the City Council of the City of
Orange amending the Citywide Pay Schedule in accordance with the requirements of
California Code of Regulations, Title 2, Section 570.5.
3.35. Rescind Resolution No. 11187 certifying the EIR for the Trails at Santiago Creek
project. Resolution No. 11344.
ACTION: Adopted Resolution No. 11344. A Resolution of the City Council of the City of
Orange rescinding Resolution No. 11187, which certified and adopted Final
Environmental Impact Report No. 1857-18 (SCH No. 2017031020), adopted Findings
of Fact, a Statement of Overriding Consideration, a Mitigation Monitoring and
Reporting Program, and imposed other project conditions for the Trails at Santiago
Creek Project.
Approval of the Consent Calendar
Items 3.30, 3.32, and 3.33 were removed from the Consent Calendar and heard
separately. Councilmember Barrios abstained on Item 3.6. All other items were
approved as recommended.
A motion was made by Councilmember Monaco, seconded by Mayor pro tern Nichols,
to approve the Consent Calendar. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
None
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Woodward's Ace
Hardware.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1. Resignation of Doug Willits from the Planning Commission.
During discussion, Councilmember Barrios requested expansion of the Planning
Commission to seven members with district representation be placed on the next
Council agenda. It was Council consensus to agendize it for August 10.
A motion was made by Mayor Murphy, seconded by Mayor pro tern Nichols, to accept
the resignation of Doug Willits and direct the City Clerk to post a Notice of Vacancy per
the Maddy Act. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
6.2. Consider appointments to City Boards, Committees, and Commissions.
Mayor Murphy made the following recommendations for appointments:
DRC
o Jerico Farfan with term expiring June 30, 2025
Park Planning & Community Events Commission (with terms to be determined)
o Steve Freeman
o Mike Rouse
A motion was made by Councilmember Dumitru, seconded by Councilmember
Monaco, to appoint the following applicants:
DRC
o Jerico Farfan with term expiring June 30, 2025
Park Planning & Community Events Commission (with terms to be determined)
o Steve Freeman
o Mike Rouse
The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
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7. ADMINISTRATIVE REPORTS
7.1. Orange Plaza Paseo.
Interim Community Development Director Susan Galvan presented the staff report and
answered Council's questions.
Public Speakers
Adam Feliz spoke in support of the Paseo but requested that it be suspended from
August 16 - September 7 for the Orange International Street Fair(OISF).
Karen Salgado spoke in support of keeping the Paseo open permanently.
Bill Masters spoke in support of keeping the Paseo open.
Tony Trabucco, OTPA, raised concerns with keeping the Paseo open.
Wil Dee spoke in support of keeping the Paseo open seasonally May through August.
Laurel and Gil Yurly spoke in support of keeping the Paseo open.
Ed Patrick spoke in support of keeping the Paseo open permanently.
Al Ricci spoke in support of keeping the Paseo open permanently.
Greg Steinmann spoke in opposition of keeping the Paseo open.
Karen Steinmann spoke in opposition of keeping the Paseo open.
Written Public Comments
The following submitted emails in support of keeping the Plaza Paseo open: Shallom
Berkman, UrthCaffe; Tod Brewster; Kristin Smetona; Eduardo Moreno; Toni Dieb; Paul
Jensen, Antique Station & Depot; Rachel Cali; Jerry LaRue; Long Duong; and Jacque
Gates.
The following submitted emails in opposition of keeping the Plaza Paseo open: Mitch
Faris, Colleen Lindsay, OTPA, Rae Reich, Jeff Frankel, Matin Sharifinejad, Adam
Duberstein, Aurora Taylor-Montes, Sandy Frankel, Amanda Cabrera, Domingo
Cabrera, and Mary Anne Skorpanich.
During discussion, staff reevaluated the time needed to prepare for the Street Fair and
determined the date could be moved to six to seven days before Street Fair. Once
determined, staff will communicate the closure date with the Paseo merchants and
OISF.
A motion was made by Mayor pro tern Nichols, seconded by Councilmember Barrios,
to close the Plaza Paseo for the Orange International Street Fair effective August 16 or
a date subsequent to that allowing for the maximum amount of time for businesses to
utilize the Paseo. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
During further deliberations Council discussed: maintenance costs and responsibilities;
establishing set standards for uniformity of structures, lighting, and landscape;
permitting options; potential consequences to the Plaza's historical designation;
change to traffic patterns; liability issues, and addressing future closures during Street
Fair.
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Council also discussed reopening the Plaza Paseo after the Street Fair while staff
compiles the requested information.
A motion was made by Councilmember Monaco, seconded by Mayor pro tern Nichols,
to reopen the Plaza Paseo within a week after the Orange International Street Fair.
After further discussion, Councilmember Monaco requested to amend his motion to
reopen the Paseo three weeks after Street Fair, and to direct staff to prepare a report
regarding standards, permit fees and options, and a proposed timeline for options
relating to the Paseo for the August 10 City Council meeting. Mayor pro tern Nichols
accepted the amendment.
An amended motion was made by Councilmember Monaco, seconded by Mayor pro
tern Nichols, to reopen the Plaza Paseo on Saturday, September 24; and direct staff to
provide Council with a report at the August 10 Council meeting outlining design
standards, permit fees and options, and a proposed timeline. The motion carried by the
following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
RECESS: The City Council recessed at 10:09 p.m. and reconvened at 10:22 p.m. with all
members present.
8. REPORTS FROM CITY MANAGER
None
9. LEGAL AFFAIRS
9.1. Introduction and First Reading , of three separate Ordinances relating to City
Council reimbursement, City Council compensation, and health and welfare
benefits for City Councilmembers.
Council discussed the background of when City Councilmember reimbursement,
compensation, and health and welfare benefits were eliminated in 2011. City Attorney
Sheatz clarified that if proposed Ordinance No. 09-21 is approved for First Reading,
staff will present Council with a reimbursement policy for their review and approval. In
addition, if the ordinances are adopted, councilmembers can choose whether or not to
receive compensation (10-21) or submit expenses for reimbursement (09-21).
During further discussion, Mayor Murphy commented on timing of proposed
ordinances.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gutierrez, to Introduce and conduct First Reading of Ordinance No. 09-21. The motion
carried by the following vote:
Ayes: Nichols, Monaco, Dumitru, Gutierrez, and Tavoularis
Noes: Barrios, and Murphy
Absent: None
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Ordinance No. 09-21. An Ordinance of the City Council of the City of Orange amending
Title 2 of the Orange Municipal Code adding Chapter 2.07, relating to City Council
reimbursement for actual and necessary expenses incurred in the performance of their
official duties.
9.1. Introduction and First Reading of three separate Ordinances relating to City
Council reimbursement, City Council compensation, and health and welfare
benefits for City Councilmembers.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Tavoularis, to Introduce and conduct First Reading of Ordinance No. 10-21. The
motion carried by the following vote:
Ayes: Monaco, Dumitru, Gutierrez, and Tavoularis
Noes: Nichols, Barrios, and Murphy
Absent: None
Ordinance No. 10-21. An Ordinance of the City Council of the City of Orange amending
Title 2, Chapter 2.08 of the Orange Municipal Code relating to City Council
compensation.
9.1. Introduction and First Reading . of three separate Ordinances relating to City
Council reimbursement, City Council compensation, and health and welfare
benefits for City Councilmembers.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Tavoularis, to Introduce and conduct First Reading of Ordinance No. 11-21. The
motion failed by the following vote:
Ayes: Monaco, Dumitru, and Tavoularis
Noes: Nichols, Barrios, Gutierrez, and Murphy
Absent: None
Ordinance No. 11-21. 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 Health and
Welfare Benefits for City Council Members.
10. PUBLIC HEARINGS
10.1. Public Hearing to consider Second Reading and adoption of an Ordinance
adopting the 2021 Edition of the "Standard Specifications for Public Works
Construction" (commonly referred to as the "Greenbook") by reference:
Ordinance No. 07-21.
Mayor Murphy opened the Public Hearing at 10:56 p.m.; there being no speakers,
Mayor Murphy closed the Public Hearing at 10:56 p.m.
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios,
to adopt Ordinance No. 07-21. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
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City Council Minutes July 13,2021
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the
Orange Municipal Code to adopt the 2021 Edition of the "Standard Specifications for
Public Works Construction."
Item 10.3 was re-ordered to be heard before Item 10.2.)
10.3. Continued Public Hearing to consider Appeal No. 0555-21, Shannon Family
Mortuary, 1005 E. Chapman Avenue. (Continued from June 8, 2021)
Associate Planner Kelly Ribuffo provided a brief staff report explaining that the
applicant submitted a letter on July 8 requesting a temporary use permit (TUP) as an
alternative to the CUP process.
Mayor Murphy opened the Public Hearing at 11:05 p.m.
Public Speakers
Charles and Julie Link, applicants, spoke in support of approving a TUP.
During applicant remarks, Councilmember Dumitru left the dais at 11:25 p.m.
Written Comments
The following emailed in support of approving a CUP for Shannon Mortuary and
approving the appeal: Phil Glasgow.
The following emailed in opposition of approving a CUP or TUP for Shannon Mortuary
and in support of denying the appeal: Doug Ely, Laura Ely, Aleta Bryant, and Ken
Arkin.
Mayor Murphy closed the Public Hearing at 11:28 p.m.
During discussion, staff clarified that TUPs are reviewed by the Zoning Administrator at
the recommendation of the Community Development Director. Council can deny the
appeal or continue the public hearing and direct staff to review the TUP. It was noted
that the TUP contains additional conditions not in the original CUP. Therefore, Council
can also choose to continue the appeal to a date uncertain and refer the CUP back to
the Planning Commission with the new conditions.
In response to Council's question, the applicant replied they preferred a continuance
with the opportunity for the Planning Commission to reconsider the CUP.
A motion was made by Mayor pro tern Nichols, seconded by Councilmember Monaco,
to continue Item 10.3 to a date uncertain and return the CUP to the Planning
Commission for consideration. The motion carried by the following vote:
Ayes: Nichols, Monaco, Barrios, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: Dumitru
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City Council Minutes July 13,2021
Item 10.2 was re-ordered to be heard after Item 10.3.)
10.2. Continued Public Hearing to consider approval of the Landscape Maintenance
Assessment Districts 86-2 (Santiago Hills), and 15-1 (Santiago Hills Overlay)
Final Engineer's Reports for Fiscal Year 2021-2022. Resolution No. 11329.
Continued from June 8, 2021).
Councilmember Dumitru returned to the dais at 11:53 p.m. Mayor pro tern Nichols
abstained due to a nearby property interest and left the meeting at 11:54 p.m.
Mayor Murphy opened the Public Hearing at 12:01 a.m.
City Clerk Coleman reported no protests were received, and announced there were no
public speakers.
Written Public Comments
Jess Barber emailed opposing the use of pesticides.
Kimberly DeLehman emailed in support of the assessment, but in opposition of the use
of herbicides and pesticides.
Mayor Murphy closed the Public Hearing at 12:01 a.m.
A motion was made by Councilmember Monaco, seconded by Mayor Murphy, to: 1)
Adopt Resolution No. 11329; and 2) Establish the assessment per single family
detached unit per year for Fiscal Year 2021-2022 for Landscape Maintenance Districts
86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) at $369.44, and $248.16,
respectively. The motion carried by the following vote:
Ayes: Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy
Noes: None
Absent: None
Abstain: Nichols
Resolution No. 11329. A Resolution of the City Council of the City of Orange approving
the Engineer's Reports and providing for the annual assessment for Landscape
Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
Report on Closed Session Actions: City Attorney Sheatz reported that the City Council
unanimously confirmed the actions of the City Manager and staff in terminating the license
agreement between the City and Mary's Kitchen.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:06 a.m. in Memory
of Fred Whitaker, Sr. to an Adjourned Regular Meeting on Saturday, August 7, 2021, at
8:30 a.m., for Closed Session, location to be determined.
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City Council Minutes July 13,2021
The next Regular City Council meeting will be held on Tuesday, August 10, 2021, at
6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m. if
necessary.
t
PAMELA COLEMAN MARK A. MURPHY
CITY CLERK MAYOR
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