Loading...
02/14/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 14, 2023 MINUTES City of Orange City Council February 14, 2023 The City Council of the City of Orange, California convened on Tuesday, February 14, 2023, at 6:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:16 p.m. 1.1 INVOCATION Given by Pastor Brenton Fessler from RefugeOC and Orange Police Department Chaplain. 1.2 PLEDGE OF ALLEGIANCE Led by Councilmember Jon Dumitru. 1.3 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Absent: None 1.4 PRESENTATIONS/ANNOUNCEMENTS 2. PUBLIC COMMENTS Public Speakers: Joel Robinson spoke in support of banning leaf blowers in the City. Kim Smith encouraged Council to consider fiscal responsibilities before budgeting for environmental issues. Clarissa Serpas, SoCalGas, updated Council on the current gas prices. Jack Bradley promoted the production of Shen Yun. Stephen Tyler spoke in support of banning leaf blowers in the City. John Ellis spoke about the loss of local control regarding zoning issues and encouraged civil disobedience. Doug Hamilton referenced an article in the newspaper regarding the Housing Element. Jeremy Livermore spoke in support of banning leaf blowers in the City. Alan Kinkaid spoke in opposition of a proposed cemetery near Palmyra Avenue. James Kushon reported on a recent Orange Dog Park fundraiser. Page 1 of 15 City Council Minutes February 14,2023 Written Public Comments Jake Corner submitted an eComment regarding water conservation. Edward Stanila emailed in support of banning leaf blowers in the City. Karen Carlsen emailed in support of banning leaf blowers in the City. Gary and Lupe Nelson emailed expressing concerns with code enforcement issues. Scott Sink emailed in support of banning leaf blowers in the City. Leslie Robinson emailed in support of banning leaf blowers in the City. Phoebe Camilletti emailed in support of banning leaf blowers in the City. 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 January 5, 13, 19, and 27, 2023. ACTION: Approved. 3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on January 10, 2023, and Special Meeting held on January 23, 2023. ACTION: Approved minutes as presented. 3.4. First Amendment to Fiscal Year 2022-2023 Community Development Block Grant Program Memorandum of Understanding and Second Amendment to the 2022-2023 Annual Action Plan to increase funding for the project. ACTION: 1) Authorized the Amendment to the Memorandum of Understanding AGR-7407) to increase proposed project CDBG funding by $97,980.66, for a total not-to-exceed amount of $727,510.66, amended the Project Description to reflect the revised project scope, and authorized the City Manager or his designee to execute the amendment on behalf of the City; 2) Authorized the Second Amendment to the 2022-2023 Annual Action Plan to increase the allocation to the 2022-2023 Street Rehabilitation project by $97,980.66 to a total allocation of $727,510.66 and submit the Amendment to the Department of Housing and Urban Development (HUD); and 3) Authorized the transfer of $97,980.66 from expenditure account number 310.9645.57130.11070, Community Development Block Grant - Contingency to expenditure account number 310.9645.56582.20500, Community Development Block Grant-Sycamore and Palmyra Neighborhoods Street Rehabilitation. 3.5. First Amendment to Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and dedicated support. Item 3.5 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer. Page 2 of 15 City Council Minutes February 14,2023 In response to Council's questions, staff explained the City's retention policy and State requirements for a trusted document management system in order for the City to completely digitize files. Staff was directed to return with a report on estimated costs to implement a trusted system to allow the City to eliminate paper records. ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to approve the amendment to the agreement with Complete Paperless Solutions, LLC for a three-year term totaling $196,050, paid in three one-year increments of $65,350 for Laserfiche support, and providing product updates and enhancements; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.6. First Amendment to Agreement for Production of Orange International Street Fair with Orange International Street Fair, Inc. Item 3.6 was removed from the Consent Calendar for separate consideration by Mayor Slater. Mayor Slater suggested moving the Orange International Street Fair to a date when there is cooler weather such as Fall or Spring. ACTION: A motion was made by Mayor Slater, seconded by Mayor pro tem Barrios, to approve the Amendment to Agreement with Orange International Street Fair, Inc. for Production of Orange International Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.7. Appropriation of $34,186 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program. Item 3.7 was removed from the Consent Calendar for separate consideration by Mayor Slater. In response to Council's question about scavengers going through trash and recycle bins, staff acknowledged that it is a crime to take from residential and commercial bins and noted it will be addressed by code enforcement. ACTION: A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to: 1) Accept into the City's revenue budget a $34,186 grant from the California Department of Resources Recycling and Recovery into revenue account number 220.5022.45290.20526, Sewer- Beverage Container Program 21-22. 2) Authorize the appropriation of $34,186 into the following expenditure account numbers Sewer- Beverage Container Program 21-22: Page 3 of 15 City Council Minutes February 14,2023 220.5022.51001.20526 Contractual Services $20,686 220.5022.53001.20526 Materials and Supplies $12,000 220.5022.50002.20526 Regular Salaries- Misc $ 1,500 The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.8. Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorization to advertise for bids. ACTION: Approved the plans and specifications and authorized advertising for Bid No.22-23.27 (SP-4228). 3.9. Approval of plans and specifications for Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project, and authorization to advertise for bids. ACTION: Approved plans and specifications and authorized advertising for Bid No. 22-23.29. 3.10. Approval of plans and specifications for Replacement of Rolling Garage Doors at Various Locations; and authorization to advertise for bids. ACTION: Approved plans and specifications and authorized advertising for Bid No. 22-23.32 3.11. Claims for Damages. Note: Councilmember Dumitru abstained due to a family member submitting a claim. ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster: 1. Nora Ochoa 2. D. Christine Collins 3. John Tseheridis 4. Alannah Noel Angel 5. Warren Muir and Terri Glover 6. Vicki Short 3.12. Award of Contract to Robertson Industries, Inc. for the rubberized tot lot surface installation at El Modena Park and the replacement of the rubberized tot surface at Serrano Park. ACTION: 1) Approved contract with Robertson Industries, Inc. in the amount of 190,547.50; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $32,764.50 in unreserved Park Acquisition (Infill) 510) fund balance to expenditure account 510.7021.56020.20440 - CIP Building and Improvements. 3.13. Award of Contract to USA Shade and Fabric Structures, Inc. of PlayPower, Inc. for purchase and installation of tot lot shade structures at Belmont and La Veta Parks. ACTION: Approved the contract with USA Shade and Fabric Structures, Inc. in the amount of $183,641 for the installation of shade structures at the Belmont and La Veta Page 4 of 15 City Council Minutes February 14,2023 Parks tot lots; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.14. Award of Contract to S&H Civilworks for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; Bid No. 22-23.21. ACTION: Approved the contract with S&H Civilworks in the total amount of $1,038,950, representing an original amount of $944,500 plus a 10% contingency of $94,450 for Annual Concrete Replacement Project at Various Locations Phase II, Fiscal Year 2022-2023; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.15. First Amendment to Contract with American Asphalt South, Inc.; and Final Acceptance of Bid No. 21-22.35, Annual Slurry Seal at Various Locations, and authorization to file Notice of Completion. ACTION: 1) Approved the First Amendment to Contract in the amount of $51,848.60 with American Asphalt South Inc, for additional work; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Accepted Annual Slurry Seal at Various Locations Project (SP-4211) as complete, and authorized staff to file Notice of Completion with the County Recorder. 3.16. Final Acceptance of Bid No. 21-22.17, Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project; and authorization to file Notice of Completion. ACTION: Accepted Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project as complete; and authorized staff to file Notice of Completion with the County Recorder. 3.17. Final Acceptance of Bid No. 22-23.08, Orange Library Facility Rehabilitation; and authorization to file Notice of Completion. ACTION: Accepted Orange Library Facility Rehabilitation as complete (SP-4231), and authorized staff to file Notice of Completion with the County Recorder. 3.18. Final Acceptance of Modular Trailer Relocation for Transition to Continuum of Care Phase II; and authorization to file Notice of Completion. ACTION: Accepted Modular Trailer Relocation for Transition to Continuum of Care Phase II as complete, and authorized staff to file Notice of Completion with the County Recorder. 3.19. Final Acceptance of Tot Lot Shade Sails Installation at Serrano, Fred Barrera, and El Modena Parks; and authorization to file Notice of Completion. ACTION: Accepted Tot Lot Shade Sails Installation as complete; and authorized staff to file Notice of Completion with the County Recorder. 3.20. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1305-21 rezoning property located at 1325 West Katella Avenue to urban mixed use to establish consistency between the urban mixed use general plan land use designation and zoning classification in accordance with state law. Ordinance No. 11-22 ACTION: Adopted Ordinance No. 11-22. Page 5 of 15 City Council Minutes February 14,2023 3.21. Authorize increase to blanket purchase order for cabling documentation and cleanup services in the amount of $20,000 for an overall purchase order total of 80,000 from Mark IV Communications, Inc. as a sole source vendor. ACTION: Authorized increase to blanket purchase order for cabling documentation and cleanup services from Mark IV Communications, Inc. in the amount of $20,000 for an overall purchase order total of$80,000. 3.22. Authorize the purchase of two vehicles for various departments using a Cooperative Purchasing Agreement. Written Public Comment Jake Corner submitted an eComment encouraging the City to purchase electric vehicles and e-bikes for the City's use. ACTION: 1) Approved the purchase of two vehicles from National Auto Fleet Group for 103,000; and 2) Approved the purchase of safety equipment and supplies needed to equip the Chevrolet Tahoe from various lowest qualified vendors for$28,000. 3.23. Monthly Treasurer's Reports for October, November, and December 2022. ACTION: Received and filed. 3.24. Adoption of Resolution No. 11433 setting the days and times of City Council regular meetings. ACTION: Adopted Resolution No. 11433. A Resolution of the City Council of the City of Orange rescinding Resolution No. 10737 and establishing the City Council regular meetings days and times. Approval of the Consent Calendar Items 3.5, 3.6, and 3.7 were removed from the Consent Calendar and heard separately. Councilmember Dumitru abstained from Item 3.11. All other items were approved as recommended. A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to approve the Consent Calendar as recommended. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SLATER 4.1. Designation of voting delegates for the 2023 Southern California Association of Governments (SCAG) Regional Conference and General Assembly. A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to designate Councilmember Jon Dumitru as the Delegate and Councilmember Denis Bilodeau as the Alternate Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to Page 6 of 15 City Council Minutes February 14,2023 be held on May 4, 2023. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 4.2. Creation of a Santiago Creek Grand Central Park Preservation and Protection City Council Subcommittee. Mayor Slater proposed creating a Santiago Creek subcommittee with Councilmember Gyllenhammer and Councilmember Gutierrez as members. During discussion, Council expressed the importance of including other stakeholders and agencies, and using federal grants to acquire land adjacent to the creek as it becomes available. Written Public Comments The following emailed in support of creating a subcommittee: Reggie Mundekis, Janice Brownfield, and Jake Corner. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gyllenhammer, to establish a City Council Santiago Creek Grand Central Park Preservation and Protection subcommittee with Councilmember Gyllenhammer and Councilmember Gutierrez as members. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 4.3. Creation of a Clean Orange City Council Subcommittee. Mayor Slater proposed creating a Clean Orange City Council subcommittee with Mayor pro tern Barrios and Councilmember Tavoularis as members. Written Public Comments The following emailed in support of creating a subcommittee: Reggie Mundekis, Janice Brownfield, and Jake Corner. A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to establish a City Council Clean Orange subcommittee with Mayor pro tern Barrios and Councilmember Tavoularis as members. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 4.4. Homeless Outreach City Council Subcommittee update. Mayor Slater provided an update on the Homeless Outreach City Council subcommittee. Members of the subcommittee discussed: establishing a temporary shelter in Orange, Orange County Supervisor Sarmiento is scheduled to tour the HUB Resource Center, and a proposed ordinance dealing with encampments and loitering near schools, playgrounds, and City facilities that will be brought to a future City Council meeting for Council's consideration. Page 7 of 15 City Council Minutes February 14,2023 5. REPORTS FROM COUNCILMEMBERS 5.1. Highlight Local Business (Gutierrez& Barrios) Councilmember Gutierrez highlighted the following local business: Dr. Ronald L. Hankins, OD. 5.2. Discussion of potential expansion of Olive Park by acquisition of the following property (Bilodeau): APN: 360-241-04 Address: 2829 N. Glassell Street Owner: Discovery, LLC; John Doan, Manager Councilmember Bilodeau reported there is a parcel adjacent to Olive Park and proposed directing staff to explore acquiring this property to expand the park. During discussion Councilmember Dumitru indicated that west Orange has not had any enhancements or amenities added since 1974. He mentioned that park acquisition funds are limited, and he believes there is currently a greater need in west Orange. Written Public Comments Reggie Mundekis emailed in support of determining an acquisition price and source of funds to expand Olive Park. Jordan Prell submitted an eComment in support of expanding Olive Park. A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to designate the City Manager or his designee as the negotiator and authorize him to take the necessary steps to commission an appraisal of the property. The motion carried by the following vote: Ayes: Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Dumitru Absent: None 5.3. Other Councilmember Reports With Council consensus, Councilmember Dumitru requested a report with options for renaming a road near the Orangewood home in honor of Bill Steiner. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1. Annual presentation of Local Appointments List of all City Boards, Commissions, and Committees. Mayor Slater summarized the recommended actions for this item. He announced that Traffic Commissioner Adam Feliz was inadvertently left off of the reappointments list and should be listed as a reappointment for a four-year term expiring June 30, 2027. A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to: 1) Confirm Mayor Slater's recommendation to reappoint the following eligible existing positions: CDBG Program Committee Members Kim Le and Connie Benson for two-year terms respectively expiring June 30, 2025; Design Review Committee Page 8 of 15 City Council Minutes February 14,2023 Member Anne McDermott for a four-year term expiring June 30, 2027; Investment and Audit Committee Members Jordan Prell and Aaron Christensen for two-year terms respectively expiring June 30, 2025; Library Board of Trustee Member Susie Huber for a three-year term expiring June 30, 2026; Planning Commissioner Dave Simpson for a four-year term expiring June 30, 2027; and Traffic Commissioner Adam Feliz for a four-year term expiring June 30, 2027. 2) Confirm Mayor Slater's recommendation to appoint Melissa Mikail and Elaine Muselli to the CDBG Program Committee for two-year terms respectively expiring on June 30, 2025. 3) Accept the Local Appointments List and direct the City Clerk to post pursuant to the Maddy Act. 4) Direct the City Clerk to post a Notice of Scheduled Vacancy for the following existing positions: a. Planning Commission due to expiration of Ernest Glasgow's term on June 30, 2023 b. Traffic Commission due to expiration of Christian Vaughan's term on June 30, 2023 The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 6.2. Adoption of Resolution No. 11432 setting the membership number, qualifications and related information for City boards, committees and commissions. Mayor Slater announced that there is a current requirement in the Orange Municipal Code that one member of the Traffic Commission be a "school district representative." He suggested this requirement be deleted from the Traffic Commission qualifications as listed in Exhibit A of proposed Resolution No. 11432. A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to: 1) Adopt revised Resolution No. 11432. A Resolution of the City Council of the City of Orange rescinding Resolution Nos. 10229, 11387, 11388, 11355 and 11409 and establishing the number of members, qualifications for membership, purpose, compensation and meetings for specified City boards, committees and commissions. 2) Direct the City Clerk to post a Notice of Vacancy of any newly-created positions pursuant to the Maddy Act. 3) Direct the City Attorney to prepare an ordinance amending the Orange Municipal Code to delete the requirement for a school district representative on the Traffic Commission, along with other applicable revisions. The motion carried by the following vote: Ayes: Noes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater None Absent: None 6.3. Accept resignation of Jonathan Trapesonian from the Planning Commission. A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to accept the resignation of Commissioner Jonathan Trapesonian effective February 24, 2023, and direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act. The motion carried by the following vote: Page 9 of 15 City Council Minutes February 14,2023 Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 6.4. Consider the removal of Commissioners Mike Rouse and Chrissy Vaughn from the Park Planning and Community Events Commission. A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to remove Commissioner Mike Rouse and Commissioner Chrissy Vaughn from the Park Planning and Community Events Commission, and direct the City Clerk to post a Notice of Vacancy for both positions pursuant to the Maddy Act. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 7. ADMINISTRATIVE REPORTS 7.1. Employment Agreement with City Attorney Mary E. Binning. A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to approve the Employment Agreement with City Attorney Mary E. Binning. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 7.2. A follow-up report on healthcare and retirement benefit options for elected City Councilmembers. A motion was made by Mayor Slater, seconded by Councilmember Dumitru, to give Councilmembers the option to choose among the health benefit plans for single-party coverage at $1012/month along with dental and vision plan options; to enroll Councilmembers in the Empower retirement plan; and direct staff to return with the necessary ordinance/resolution to implement the addition of the proposed benefits. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Bilodeau, and Slater Noes: Barrios, Gutierrez, and Gyllenhammer Absent: None 7.3. Status of Fiscal Year 2022-23 budget and preliminary projections for Fiscal Year 2023-24 budget preparation. Assistant Finance Director Katrin Bandhauer and Budget Manager Michelle Kresan provided an overview on the status of the current fiscal year budget. A motion was made by Councilmember Gutierrez, seconded by Councilmember Tavoularis, to receive and file report and: 1) Authorize the transfer of $950,000 from the General Fund (100) unreserved fund balance to Worker's Compensation Fund (730) unreserved fund balance. 2) Authorize the transfer of $720,000 from the following unreserved fund balances to the Equipment Expense Fund (710) unreserved fund balance: 566,946 General Fund (100) 120,719 Water Fund (600) 32,335 Sewer Fund (220) Page 10 of 15 City Council Minutes February 14,2023 3) Authorize the appropriation of $340,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.0000.51670.30200, Other Professional and Consulting Services- 517 W Struck Transition. 4) Authorize the appropriation of $90,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.5013.51670.00000, Plan Check Consulting. 5) Authorize the appropriation of $720,000 from the unreserved fund balance of the Fleet Maintenance Fund (710) to expenditure account number 710.5023.53,720.00000, Fuel Allocation. 6) Authorize the appropriation of $250,000 from the unreserved fund balance of the Capital Project Fund (500) to expenditure account number 500.5032.56100.16302, Minor Traffic Devices. 7) Authorize the appropriation of $70,000 from the unreserved fund balance of the Community Development Block Grant Fund (310) to expenditure account number 310.9645.51770.30200, CDBG Project-517 W Struck Transition. 8) Authorize the appropriation of $50,000 from the Worker's Compensation Fund (730) unreserved fund balance to expenditure account number 730.0312.52233.00000, Self-Insured Workers Comp. 9) Authorize the appropriation of $29,924 from unreserved fund balance of Low and Moderate Income Housing Asset Fund (921) into the following expenditure account numbers: 10,000 921.6041.50002.00000, Regular Misc Salaries 19,924 921.6041.51670.00000, Other Prof. and Consulting Services 10) Authorize the appropriation of $80,971 from the unreserved fund balance of the respective funds into the following expenditure account numbers for project 12222, Other Maintenance Items for the 800 MHZ Communication System: 38,866 120.4011.53670.12222 28,340 120.3011.53670.12222 5,668 600.8041.53670.12222 2,429 100.7001.53670.12222 2,429 270.5021.53670.12222 1,619 220.5022.53670.12222 810 100.6001.53670.12222 810 710.5023.53670.12222 11) Adopt Resolution No. 11434. A Resolution of the City Council of the City of Orange Amending Resolution No. 11425 between the City of Orange and Orange Management Association. 12) Adopt Resolution No. 11435. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11424 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5. 13)Authorize the following changes to the City's Schedule of Positions: a. Authorize the Assistant City Manager position in the City Manager's Office. b. Eliminate the Internal Audit Manager position in the City Manager's Office. c. Reclassify the Assistant City Manager position to a Community Services Director in the Community Services Department. d. Reclassify the Assistant City Manager position to a Finance Director in the Finance Department. Page 11 of 15 City Council Minutes February 14,2023 e. Reclassify the part-time Administrative Specialist position to a part-time benefitted Administrative Assistant position in the City Clerk's office. f. Reclassify two Parks and Facilities Attendant positions to two Parks Maintenance Worker I positions in the Community Services Department. g. Reclassify the part-time Recreation Coordinator to a full-time Recreation Coordinator position in the Community Services Department. h. Authorize the Assistant Recreation Coordinator position in the Community Services Department. i. Reclassify the Payroll Technician to a Senior Payroll Specialist in the Finance Department. j. Authorize the Permit Technician position in the Community Development Department. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 8. REPORTS FROM CITY MANAGER None 9. PUBLIC HEARINGS Item 9.3 was reordered to be heard before Item 9.1) 9.3. Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. Mayor Slater opened the Public Hearing at 7:56 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 7:56 p.m. A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to: 1) Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan; 2) Approve the Second Amendment to the 2021-2022 Annual Action Plan and submit to the Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager or their designee to execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan on behalf of the City. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None RECESS: The City Council recessed at 7:56 p.m. and reconvened at 8:11 p.m. with all Members present. Page 12 of 15 City Council Minutes February 14,2023 9.3. Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships-American Rescue Plan Allocation Plan. It was brought to Council's attention that Item 9.3 should have been continued to March 28, 2023, to allow staff time to re-notice the hearing with additional required language. A motion was made by Councilmember Bilodeau, seconded by Mayor pro tem Barrios, to reconsider Item 9.3 and continue it to the March 28, 2023, Regular City Council meeting. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 9.1. Appeal No. 0561-22; an appeal of Planning Commission decision upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new 1,102 square foot duplex unit with an attached 227 square foot garage at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street. Mayor Slater recused from Item 9.1 due to a financial conflict of interest and Mayor pro tern Barrios recused from Item 9.1 because she filed the initial appeal with the lower legislative body. They left the dais at 8:13 p.m.; and Councilmember Dumitru presided over Item 9.1. Assistant Community Development Director Anna Pehoushek provided an overview of the proposed project. Councilmember Dumitru opened the Public Hearing at 8:17 p.m. Public Speakers: Robert Boice, OTPA President and appellant, spoke in support of upholding the appeal. Allison Vukovich, applicant, and Jayson Parson, applicant's attorney, spoke in support of denying the appeal. Doug Ely, architect, spoke in support of the project and denying the appeal. The following spoke in opposition of the project and in support of upholding the appeal: Mark Wallace, Linda Maxwell-Jordan, Katelin Mansfield, Diana Zdenck, Sue Vaurs, Tim McCormack, and Victoria Laughlin. Tony Trabucco commented on the lack of process. Written Public Comments The following emailed in support of upholding the appeal: Ashley and Jonathan Toomey, Tara Kiasna, Tom and Mary Matuzak, Reggie Mundekis, Patricia Ricci, Kristin Caballero-Rubel, Annalisa Goode, and Gloria Boice. Councilmember Dumitru closed the Public Hearing at 9:29 p.m. Page 13 of 15 City Council Minutes February 14,2023 During discussion, Councilmember Dumitru opened the Public Hearing again at 9:30 p.m. to allow Robert Boice to respond to Council's questions. He closed the Public Hearing at 9:36 p.m. Council discussed the following: current zoning, CEQA determinations, and parking requirements. A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer, to deny Appeal No. 0561-22 and direct staff to return with a resolution of denial. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Bilodeau, and Gyllenhammer Noes: Gutierrez Absent: None Recused: Barrios, and Slater Mayor Slater and Mayor pro tern Barrios returned to the dais at 9:51 p.m. 9.2. Continued Public Hearing to consider General Plan Amendment No. 2022-0001; City of Orange 2021-2029 Housing Element Update and finding of CEQA exemption. (Continued from February 10, 2023) Mayor Slater opened the Public Hearing at 9:52 p.m. Public Speakers: Bob Pack, President of Stonefield Development and Project Manager of Chapman Yorba VIII, requested that the Chapman Yorba VIII property be added to the inventory of housing. Sister Sue Danning thanked Council for their support for the Sisters of St. Joseph of Orange affordable housing project and spoke in support of an inclusionary housing ordinance. Bonnie Robinson spoke in support of adopting the Housing Element. Written Public Comments Reggie Mundekis emailed in support of adopting the Housing Element. Barry Ross, Sisters of St. Joseph, emailed suggestions for improving the Housing Element. Mayor Slater closed the Public Hearing at 9:59 p.m. During discussion, staff explained how potential properties were selected for the housing inventory and clarified that sites listed in the housing inventory have only been identified as potential sites and listing them does not necessarily mean that housing will be built on those sites. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11431. A Resolution of the City Council of the City of Orange approving General Plan Amendment No. 2022-0001 adopting the City of Orange 2021-2029 General Plan Housing Element. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None Page 14 of 15 City Council Minutes February 14,2023 10. ADJOURNMENT There being no further business, the meeting was adjourned at 10:10 p.m. The next Regular City Council meeting will be held on Tuesday, March 14, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. PAMELA COLEMAN DANIEL R. SLATER CITY CLERK MAYOR Page 15 of 15