05/09/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 23, 2023
MINUTES
City of Orange
City Council
May 09, 2023
The City Council of the City of Orange, California convened on Tuesday, May 9, 2023, at 5:00
p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange,
California.
5:00 PM CLOSED SESSION
1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:01 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:06 p.m. with all Members present to
discuss the following:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Mayor pro tern Barrios recused herself from Item 3(a) due to a potential conflict with a
nearby property interest and left Closed Session at 5:06 p.m.
Pursuant to Government Code Section 54956.8
Property Location: APN 039-251-008, 039-251-020, 039-251-031, 039-251-010,
039-252-005, 039-252-011, 039-252-010
Agency Negotiator: Aaron Schulze, Economic Development Manager
Negotiating Parties: Wells Fargo & Company
Under Negotiation: Price and terms of payment
Mayor pro tern returned to Closed Session at 5:20 p.m.
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b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange City Firefighters, Orange Fire Management
Association, City of Orange Police Association, City of Orange Police Management
Association
RECESS TO REGULAR MEETING: At 6:02 p.m., the City Council recessed from Closed
Session to a Regular Meeting in the Council Chamber.
The City Council reconvened in Closed Session at 12:08 a.m. with all Members present,
except Councilmember Tavoularis who was absent.
4. CLOSED SESSION REPORT
None
5. ADJOURNMENT
Closed Session was adjourned at 12:26 a.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:09 p.m.
1.1 INVOCATION
Given by Pastor Marco Salinas from Spirit&Truth Worship Center.
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Dan Slater.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Absent: None
1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Hannah MacDonald.
Chamber of Commerce May Parade Awards.
1.5 REPORT ON CLOSED SESSION ACTIONS
None
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2. PUBLIC COMMENTS
Public Speakers
Greg Baker spoke in opposition of a proposed cemetery near Palmyra Avenue.
Caren Wolf spoke in opposition of a proposed cemetery near Palmyra Avenue and
expressed concerns with lack of weed abatement on the vacant lot at the north end of
S. Jennifer Lane.
Carole Walters spoke in opposition of an off ramp at Meats Ave. and the 55 freeway.
Jonathan Zimmerman expressed concerns with loud parties in his neighborhood.
Written Comment
Janice Brownfield emailed encouraging Council to adopt a climate and adaptation plan.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff, or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1. Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.2. Confirmation of warrant registers dated April 7, 13, 21 and 27, 2023.
ACTION: Approved.
3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on
April 11, 2023 and Adjourned Regular Meeting held on April 18, 2023.
ACTION: Approved minutes as presented.
3.4. First Amendment to Professional Services Agreement with Cornerstone
Communications & Public Relations, Inc. for communications and public
relations services.
Item 3.4 was removed from the Consent Calendar for separate consideration by
Councilmembers Gyllenhammer and Bilodeau.
Mayor pro tern Barrios recused herself from this item due to a potential conflict with
employment and left the dais at 6:49 p.m.
Due to the cost, Council discussed continuing the item until after budget adoption.
Mayor pro tern Barrios returned to the dais after the vote at 7:02 p.m.
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ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Bilodeau, to continue Item 3.4 to the July 11, 2023, Regular City
Council meeting. The motion carried by the following vote:
Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
Recused: Barrios
3.5. Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal
services related to active police disciplinary and investigative matters.
ACTION: Approved the Agreement with Liebert Cassidy Whitmore in the amount of
160,000; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.6. Claims for Damages.
ACTION: Denied the following claims and referred to City Attorney and Claims
Adjuster:
1. Arnold Sanchez
2. Eugenia Hurtado
3. Mercury Insurance a/s/o Renee Vigo
4. Terrence Velasquez
5. James Rudloff
6. David G. Telles
7. H.L.E. (minor)
3.7. Authorize continued rental services for a mobile laundry facility with Mobile
Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.
ACTION: Approved an increase of $56,569 to a blanket purchase order with Mobile
Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals, for a total of
163,958.
3.8. Request to temporarily close the city-owned surface parking lot and paseo
adjacent to and south of the Old Towne West Parking Structure. Additionally
suspend permit parking in all of permit parking Area "A" for a Retirement
celebration.
ACTION: 1) Approved the temporary closure of the city-owned surface parking lot and
paseo adjacent to and south of the Old Towne West Parking Structure, contingent
upon a special event permit being approved by City staff; and 2) Approved suspension
of permit parking in Area "A" between the hours of 2:00 PM and 7:00 PM on May 21,
2023.
3.9. Resolution No. 11453 denying Appeal No. 0562-23 and upholding Planning
Commission approval of the Street Lights Mixed-Use Apartment Development,
840 The City Drive South, including adoption of Mitigated Negative Declaration
No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
ACTION: Adopted Resolution No. 11453. A Resolution of the City Council of the City of
Orange denying Appeal No. 0562-23, and upholding the decision of the Planning
Commission of the City of Orange approving Conditional Use Permit No. 3138-21,
Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative
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Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875 to demolish an
existing retail building in order to construct a new 255-unit mixed-use apartment
development, open parking structure for the adjacent apartment complex use, related
site improvements, and a reduction of 48 parking spaces and 670 square feet of open
space, located at 840 The City Drive South.
Approval of the Consent Calendar
Item 3.4 was removed for separate discussion. All other items were approved as
recommended.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Bilodeau, to approve the Consent Calendar as recommended. The motion carried by
the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: None
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
Mayor Slater discussed posting signage at entrances of the City notifying the public
that fireworks are illegal in Orange.
5. REPORTS FROM COUNCILMEMBERS
5.1. Highlight Local Business(Gutierrez)
Councilmember Gutierrez highlighted the following local business: Salon Adelante.
5.2. Other Councilmember Reports
Councilmember Dumitru reported he attended the Southern California Association of
Governments (SCAG) Annual Meeting of the General Assembly on May 4. Regional
transportation and regional housing were just a couple of the several items that were
discussed. He also announced that he has been appointed to a two-year term on the
SCAG Board as the representative of Orange, Tustin, and Villa Park.
Councilmember Bilodeau reported that he serves on the Foothill Eastern TCA
Transportation Corridor Agencies) Board and has been assigned to a subcommittee of
the Board. The subcommittee is proposing the construction of a direct connector bridge
from the northbound 241 Toll Road to the eastbound 91 express lanes. If approved,
the project is expected to be funded by Foothill Eastern TCA unrestricted cash.
Councilmember Gutierrez, representative of the City/Schools Coordinating Committee,
reported the following: the committee discussed joint use of school facilities
specifically of the El Modena High School pool), high school graduation banners will
be on display soon, and every city is challenged with hiring and retaining school
crossing guards (there are currently 36 vacancies).
Mayor pro tern Barrios announced the Orange County Register has opened its annual
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A motion was made by Councilmember Bilodeau, seconded by Councilmember
Dumitru, to adopt Ordinance No. 04-23 as proposed. The motion carried by the
following vote:
Ayes: Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater
Noes: Barrios, and Gutierrez
Absent: None
Mayor pro tern Barrios left the dais at 9:38 p.m.
9. PUBLIC HEARINGS
9.1. Public Hearing to consider the FY2023-2024 Annual Action Plan for use of
Community Development Block Grant and HOME Investment Partnerships
Funding.
Senior Administrative Analyst Jessica Herrera presented the staff report and answered
Council's questions regarding the creation of HUD maps and how funds are distributed.
Mayor Slater opened the Public Hearing at 9:42 p.m.
Public Speaker
Sammy Rodriguez expressed concerns with portions of El Modena Barrio being
excluded from HUD maps.
Mayor Slater closed the Public Hearing at 9:44 p.m.
During discussion, staff answered Council's questions regarding a Home Improvement
Program.
Councilmember Tavoularis left the meeting at 10:33 p.m.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to approve the following and to direct staff to return with a report for Council to
consider reinstating a Home Improvement Program: 1) Approve the draft Fiscal Year
2023-2024 Annual Action Plan and authorize the City Manager or his designee to
execute the Fiscal Year 2023-2024 Memorandum of Understanding with City
departments, subrecipient agreements with non-profit agencies, and all related U.S.
Department of Housing and Urban Development documents; 2) Authorize staff to
incorporate comments received at the Public Hearing or make changes if needed into
the Annual Action Plan before submitting to the Department of Housing and Urban
Development. The motion carried by the following vote:
Ayes: Dumitru, Gutierrez, Bilodeau, Gyllenhammer, and Slater
Noes: None
Absent: Barrios, and Tavoularis
Mayor pro tem Barrios returned to the dais at 10:41 p.m.
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10. STUDY SESSION
10.1. Second Study Session for the Proposed Fiscal Year 2023-24 Budget.
Assistant Finance Director Katrin Bandhauer provided an update on FY 23 General
Fund projections, FY 24 General Fund revenues and expenditures, and the status of
designated reserves utilizing a PowerPoint presentation. During discussion, direction
was provided to staff.
The report was received and filed.
Council recessed at 12:06 a.m. and reconvened in Closed Session at 12:08 a.m. will all
Members present, except Councilmember Tavoularis who was absent.
Council reconvened in Open Session at 12:26 a.m.with nothing to report out.
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:26 a.m. in Memory
of Hannah MacDonald.
The next Regular City Council meeting will be held on Tuesday, May 23, 2023, at 6:00
p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
PAMELA COLEMAN ANIEL R. SLATER
CITY CLERK MAYOR
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