03/28/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 11, 2023
MINUTES
City of Orange
City Council
March 28, 2023
Mir
The City Council of the City of Orange, California. convened,.on. Warch 28, 2023, at 5:00 p.m...
in a Regular Meeting in the Council Chamber, 300 E. Chapman;Avenue, Orange, California.
5:00 PM CLOSED SESSION
1. CALL TO ORDER'
Mayor Slater called Closed Session to order at 5:01 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru,Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None -
2. PUBLIC COMMENTS ON CLOSED SESSION:..I,TEMS-
None
ITEM TO BE ADDED TO CLOSED SESSION- AGENDA In accordance with Government ;C6de ,.Section 54954.2(b)(2), City Attorney Binning requested
an urgency item be added on the Closed Session agenda as there is a need to take
immediate action and the. nee& for action came to the;!attention,.of: the City subsequent to the
agenda being posted.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION,
Significant exposure to litigation pursuant to "Government Code Section 54956.9(d)(2).
(One potential case)
A motion was made by Councilmember Gutierrez, seconded by Councilmenber
Gyllenhammer, ;to add,. an'. urgency :item. to_ "Closed. `,Sesssion, Conference with Legal
Counsel - Anticipated Litigation. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis,Gutierrez,'blod6au,`''0vllenhammer, and Slater
Noes: None
Absent: None' `
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present to
discuss the following including the urgency item added earlier:
Page 1 of 9
City Council Minutes March 28, 2023
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1
Title: Finance Director
b. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1)
Name of Case.: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.
Orange County Superior Court Case No. 30-2022-01247785
c. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9. (One potential case)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2).
(One potential case)
d. . CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property Location: 101 E. Chapman Avenue
Agency Negotiator: Aaron Schulze, Economic Development Manager
Negotiating Parties: Wells Fargo & Company
Under. Negotiation: Price and terms of payment
Property: 2829 N. Glassell, APN 360-241-04
Agency Negotiator: i Aaron .Schulze, Economic Development Manager
Negotiating Parties: Discovery LLC, John Doan, Manager
Under Negotiation: Price and terms of payment
e. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association,
City of Orange Police Management Association, Orange Fire Management Association
RECESS TO REGULAR MEETING: At 6:11 p.m., the City Council recessed from Closed
Session to a Regular Meeting in the Council Chamber. .
The City Council reconvened in Closed Session at 11:19 p.m. with all Members present.
Councilmember Gutierrez left the, meeting at 11:40 p.m.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 12:30 a.m.
Page 2 of 9
City Council Minutes March 28, 2023
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:15 p.m.
1.1 INVOCATION
Given by Orange Fire Chief Sean deMetropolis.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing the month of March as Women's History Month.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
2. PUBLIC COMMENTS
Written Comments
Janice Brownfield emailed encouraging the City to restrict the use of natural gas.
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. Claim for Damages.
Speaker cards were submitted for Item 3.2; therefore, the item was removed from the
Consent Calendar for separate consideration.
Public Speakers
The following spoke in opposition of denying the claim: Laurie Cesena and Carey
Burnett.
Page 3 of 9
City Council Minutes March 28, 2023
ACTION: A motion was made by Mayor pro tem Barrios, seconded by Councilmember
Gutierrez, to continue Item 3.2 to April 11, 2023. The motion carried by the following
vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
3.3. First Amendment to Contract with Tess. Electric, Inc. for electrical improvements
at !Wells 23 and 24.
ACTION: Approved the First Amendment to Contract; ;with. Tess Electric,. Inc. and
authorized the Mayor and City Clerk to execute on behalf of the City:
3.4; Second Reading and adoption of an —Ordinance of`,the -�City. Council of the `City of. .
Orange amending various sections of the Orange. Municipal Code to update
membership references for the Planning: Commission;-.., Design Review-:;
Committee, and Traffic Commission. Ordinance No. 0.1-23
ACTION: Adopted Ordinance No. 01-23.
3.5. Second Reading and adoption of an, .Ordiinance bf the City::.Council of the .City of
Orange amending Title 2 of the Orange Municipal:: Code ._,by' adding Chapter 2.09
relating to City Council health and retirement benefits. Ordinance No 0243
Note: Mayor pro . tem Barrios, Councilmember•.:': Gutierrez, and Councilmember..;,
Gyllenhammer registered no votes.
ACTION: Adopted Ordinance No. 02-23.
3.6. Authorize purchase of police AR-15 rifles;; ; :exterior. vest, plate carriers;— and'. _
equipment from ProForce Law Enforcement.
ACTION: 1) ,Approved the purchase of AR-15 rifles, `exterior vest plate. carriers, -and
equipment from ProForce Law Enforcement i, for.. a total amount of $213,1.71; .and 2)
Authorized the appropriation of $213,171 from Federal Asset Forfeiture unreserved
fund balance into expenditure account number 355.4021.55131.00000, Federal Asset
Forfeiture - Equipment.
3.7. Authorize .the purchase of additional Microsoft . enterprise maintenance licenses
from Insight Public Sector.
ACTION: Approved the purchase of one hundred additional Microsoft 365 enterprise
maintenance licenses for the 3rd year of, the Microsoft Enterprise Agreement for
$34,044.50 from Insight Public Sector.
3.8.. A California Public Employees' Retirement System (CaIPERS)Health Resolution
incorporating Non-PERS Elected Officials. Resolution No. 11441.
Note: Mayor pro tem Barrios, Councilmember Gutierrez, and Councilmember
Gyllenhammer registered no votes.
ACTION: Adopted Resolution No. 11441. A Resolution of the City Council of the City of
Orange electing to be subject to the Public Employees' Medical and Hospital Care Act
at an equal amount for employees and annuitants with respect to a recognized
employee organization.
Page 4 of 9
City Council Minutes March 28, 2023
3.9. A Resolution.. of the City Council of the City of Orange authorizing the Fire Chief
or designee to submit a grant application on behalf of the City of Orange to the
Office of Homeland Security for the Fiscal Year 2023/2024 Assistance to
Firefighters Grant Program and if awarded, authorizing acceptance. Resolution
No. 11442.
ACTION: Adopted Resolution No. 11442. A Resolution of the City Council of the City of
Orange authorizing the Fire Chief or designee to submit a grant application on behalf of
the City of Orange to the Office of Homeland Security for the Fiscal Year 2023/24
Assistance to Firefighters Grant Program and if awarded, authorizing the acceptance of
such grant on behalf of the City.
Approval of the Consent Calendar
Item 3.2 was removed from the Consent Calendar and heard separately. Mayor pro
tem Barrios, Councilmember Gutierrez, and Councilmember Gyllenhammer registered
no votes on Items 3.5 and 3.8. All.other items were approved as recommended.
A motion was made by Councilmember Bilodeau, seconded. by Councilmember
Gutierrez, to approve the Consent Agenda. The motion carried by the following vote:
Aves: Barrios;, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None..
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
4.1: Review of Development Standards for Urban Projects
Mayor Slater requested that staff return with a report on current development
standards and options for revisions to sidewalk width requirements.
'A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to return
with a report on current development standards and options for revisions to sidewalk
width requirements. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
5. REPORTS FROM. COUNCILMEMBERS
5.1. Frequency- of Park Planning and Community Events Commission Meetings
(Tavoularis)
Public Speaker
Eugene Fields spoke in support of increasing the number of Park Planning &
Community Events Commission meetings from four to six meetings a year.
Written Comment
Park Planning & Community Events Commissioner Chip Ahlswede emailed in support
of increasing the number of meetings.
Page 5 of 9
City Council Minutes March 28, 2023
Council discussed their support for increasing the meetings to six times a year
Councilmember Tavoularis made a motion to increase the Park Planning & Community
Events Commission meetings from four to six meetings a year. Motion seconded by
Councilmember Gyllenhammer.
During discussion, Council requested :to amend.,: the motion to..inciude having...staff
return with recommendations 'regarding the .Commission's duties and responsibilities
for Council consideration. Councilmember Tavoularis declined the amendment.
A substitute motion was made' by Councilmember Dumitru, seconded b'y
,.;, Councilmember Gyllenhammer, to increase the. lark Planning.:.& : Community Events
Commission meetings from four to six; meetings a ',year and •.direct .staff to, return with.
recommendations regarding ' the- Commisslon's ' goals, mission, duties;- and.,
responsibilities -for Council considerationat a :future meeting. The; motion carried by the
following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
_ Absent: None
5.2. Other Councilmember:Reports Reports-
'Councilmember Tavoularis reported the Clean :Orange ..subcommittee had' their first
meeting, and ..they changed the name of ,.the subcommittee for Sweet Orange.,, The
North Tustin Street Re -Visioning ad hoc committee;. has..:concluded .:.its.,.-. community
meetings and will .draft a report for the City Qouncil. in ..the., meantime,: the ..ad.: hoc - -
committee requested a staff report outlining'.., any:i zoning between Meats and Lincoln,
that is inconsistent with the Ge'hdeal Plan.
Councilmember. Gutierrez reported . the . Santiago,.. Creek, subcommittee. will have their.
first meeting on April 18.
Mayor pro tem Barrios announced. that the: City will be receiving funds from County
Board of Supervisor Wagner and Supervisor Sarmiento for the Park Plaza.. safety_. .
improvement project and fountain . restoration. There will be a press conference. and
check presentation on Thursday, March 30.
6. REPORTS FROM BOARDS, COMMITTEES; -AND COMMISSIONS
6.1. Appointment of Mike Ludin to -the Investment and Audit Committee.
A motion was made by Mayor pro tem Barrios, seconded by Councilmember
. Tavoularis, to 'appoint Mike. Ludin to the Investment and Audit Committee for a
two-year term ending on June 30, 2025. The motion carried, by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, GVllenhammer, and Slater
Noes: None
Absent: None
Page 6 of 9
City Council Minutes March 28, 2023
7. ADMINISTRATIVE REPORTS'
7.1. Orange Police Department 2022 Crime Report/General Overview.
Police Chief Adams presented the 2022 Orange Police Department Annual Report.
Public Speaker
Carole Walters spoke in support of the Police Department and its leadership.
A motion " was made by Councilmember Gutierrez, seconded by Councilmember
Bilodeau, to receive and file the report. 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- 7:46 p.m and reconvened at 7:58 p.m. with all
Members present.
8. REPORTS FROM .CITY MANAGER
None
9. LEGAL AFFAIRS
9.1. Introduction 'and First Reading of Ordinance No. 03-23, repealing Chapter 5.54 of
the Orange Municipal Code related to hawking of goods and adopting new
Chapter 5.54 relating to regulation of sidewalk vendors, and adoption of
Resolution No. 11443 setting fines and fees."
Code Compliance Supervisor Rafael Perez and Darwin Cheng, Assistant Director of
Orange County. Health Care Agency's Environmental Health Division, provided the staff
report - utilizing : a PowerPoint presentation. They, answered Council's questions
regarding various requirements under Senate Bill 972 and current - -enforcement
measures.
Public Speakers
The following spoke. in support of- approving the proposed ordinance: Robert Boice
(representing OTPA) and Brandy Romero:
Douglas Newall expressed concerns; withnot, enough code compliance staff to' properly
enforce the ordinance.
Written Comment
Regina Mundekis emailed in support of the proposed ordinance.
During further deliberation, Council discussed adding a component to the City's 24/7
:app for reporting violations, creating a reserve program for code compliance officers,
and revisiting the ordinance in a year.
A motion was made by Mayor pro, tem Barrios, seconded by Councilmember Gutierrez,
to Introduce and conduct First Reading of Ordinance No. 03-23. An Ordinance of the
City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal
Code relating to hawking of goods and adopting new Chapter 5.54 relating to
regulation of sidewalk vendors. The motion carried by the following vote:
Page 7 of 9
City Council Minutes March 28, 2023
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez,
to adopt Resolution No. 11443. A Resolution of the City of Orange setting the amount
of fines and fees relating to sidewalk vendors and sidewalk vending permits. The
motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None -
9.2. Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10
to the Orange Municipal Code relating to administrative citations, and adoption
of Resolution No. 11444 setting fines and fees. ,
Code .Compliance Supervisor Perez provided the staff report and answered Council's
questions.
Public Speakers
The following spoke in support of approving the ordinance: Tony Trabucco, Sue Vaurs,
Vickie Laughlin, Diana Zdenck, and Doug Newall.
During further discussion,,, Code' "Compliance Supervisor Perez clarified that fines are
determined by California Government Code.
Councilmember Dumitru `expressed concerns with the proposed ordinance not
designating specific positions authorized to issue citations, and also suggested the
position(s) be identified as filers in the City's Conflict of Interest Code.
A motion was made by Mayor. pro tem Barrios, seconded by Councilmember Gutierrez,
to Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the
City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code
relating to administrative citations. The motion carried by the following vote:
Aves: Barrios, Tavoularis, ;Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: Dumitru
Absent: None
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez,
to adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange
setting the amount of fines and fees for violations of the Orange Municipal Code
relating to administrative citations. The motion carried by the following vote:
Aves: Barrios; Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: Dumitru
Absent: None
10. PUBLIC HEARINGS
10.1. Continued 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. (Continued from February
14, 2023)
Page 8 of 9
City Council _ .. Minutes March 28, 2023
Mayor Slater opened the Public Hearing at 10:02 p.m.; there being no speakers, Mayor
Slater closed the Public Hearing at 10:02 p.m.
A motion was made by Mayor pro tem Barrios, .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 to incorporate the HOME -ARP Plan and submit to the
Q.epartment of Housing and Urban Development (HUD); and 3) Authorize the City
Manager or their designee to finalize the draft HOME -ARP Plan and execute
documents related to the Second Amendment of the 2021-2022 Annual Action Plan
and HOME -ARP Allocation 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 10:04 p.m. and reconvened at 10:16 p.m. with all
Members present.
11. STUDY SESSION
11A. First Study Session for the Proposed Fiscal Year 2023-24 Budget..
Assistant Finance , .Director Katrin Bandhauer provided an overview , of the Capital
Improvement Program and highlights -for FY 24 utilizing a PowerPoint presentation.
Written Comment
Regina Mundekis emailed in support of the proposed draft CIP budget.
Report was received and filed.
Council recessed at 1.1:19 p.m: and reconvened in Closed Session at 1.1:25 p.m. with all
Members present. Councilmember Gutierrez left the meeting at 11:40 p.m.
12. ADJOURNMENT
There being no further business, the meeting was adjourned at 12 3.0 a.m. on March
29, 2023.
The next Regular City Council meeting will. be held on Tuesday, April 11, 2023, at 6:00
P.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
P MELA COLEMAN
CITY CLERK
DANIEL R. SLATER
MAYOR
Page 9 of 9