04/23/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 14, 2024
MINUTES
City of Orange
City Council
April 23, 2024
The City Council of the City of Orange, California convened on Tuesday, April 23, 2024, 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 5:02 p.m.
1.1 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None
3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present,
except Councilmember Gyllenhammer who was absent, to discuss the following:
a. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957(a)
Consultation with Orange Police Department Chief Dan Adams
b. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1)- One case
Name of Case: Californians for Homeownership v. City of Orange
Orange County Superior Court Case No. 30-2024-01382115
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)
4. CLOSED SESSION REPORT
The City Council voted unanimously to appeal the trial court decision to deny the City's
motion to quash in the case Californians for Homeownership v. City of Orange,
Orange County Superior Court Case No. 30-2024-01382115.
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5. ADJOURNMENT
Closed Session was adjourned at 5:40 p.m.
6:00 PM REGULAR SESSION
1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:04 p.m.
1.1 INVOCATION
Given by Pastor Eric Turbedsky from Sovereign Grace Church of Orange.
1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.
1.3 ROLL CALL
Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Absent: Gyllenhammer
1.4 PRESENTATIONS/ANNOUNCEMENTS
Chapman University Environmental Science and Policy students, Ava Cison and Citlali
Nadrigal, provided Council with an update on their senior capstone project, the City of
Orange's Sustainability Plan.
1.5 REPORT ON CLOSED SESSION ACTIONS
City Attorney Vigliotta reported the City Council voted unanimously to appeal the trial
court decision to deny the City's motion to quash in the case Californians for
Homeownership v. City of Orange, Orange County Superior Court Case No.
30-2024-01382115.
2. PUBLIC COMMENTS
Public Speakers:
Tim Smith commended the City's CERT program for offering CPR, First Aid, and AED
training.
The following expressed concerns with a proposed family shelter opening in their
neighborhood: Myron Martin, Helen Smith, Eddie Albright, and Harry Mear.
Jake Comer spoke in support of Chapman's University students' sustainability plan
project.
Written Public Comment
Janice Brownfield submitted an email in support of Chapman's University students'
sustainability plan project.
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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. Approval of minutes of the City of Orange City Council Special Meeting held on
March 21, 2024; and Regular Meetings held on March 26 and April 9, 2024.
ACTION: Approved minutes as presented.
3.3. Agreement with Bibliotheca, LLC for technical support and maintenance of
Library hardware and software.
ACTION: Approved the agreement with Bibliotheca, LLC in the amount of $219,938.31
for library hardware and software support and maintenance; and authorized the Mayor
and City Clerk to execute the agreement on behalf of the City.
3.4. Agreement with MODassic Group, LLC for economic development services.
Item 3.4 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Staff confirmed CivicBrand will meet with property owners, stakeholders, and staff as
part of the agreement.
ACTION: A motion was made by Councilmember Gutierrez, seconded by
Councilmember Tavoularis, to:
1) Approve the agreement with MODassic Group, LLC in the amount of $70,000 for
economic development services; and authorize the Mayor and City Clerk to execute on
behalf of the City.
2) Authorize the following budget transfer in the NW & SW Merged 2003 Taxable
Bonds Fund (952):
From: 952.9810.56020.20247 SAORA Capital 70,000
To: 952.9810.51670.20541 West Katella District 70,000
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
3.5. Agreement with Avidex Industries, LLC for the installation of audiovisual
equipment in the El Modena Branch Library community room.
ACTION: Approved the agreement with Avidex Industries, LLC in the amount of
38,681.51 for installation of audiovisual equipment in the El Modena Branch Library
community room; and authorized the Mayor and City Clerk to execute on behalf of the
City.
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3.6. First Amendment to Attorney Services Agreement with McCune & Harber, LLP to
provide legal services relating to litigation defense in the matter of Terrence
Velasquez v. City of Orange.
ACTION: Approved a First Amendment to Attorney Services Agreement with McCune
Harber, LLP in the amount of $30,000; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7. Award of Contract to Monet Construction, Inc. for Corporation Yard Renovation
Project - Police Storage Facility (Phase 1A); Bid No.23-24.23.
ACTION: 1) Authorized the appropriation of $500,000 from the unreserved fund 553
balance to: 553.5028.56015.12982, City Trf. Tax Exempt Bonds, City Facility
Improvements; and 2) Approved the contract with Monet Construction, Inc. in the
amount of $1,794,529 for the City of Orange Corporation Yard Renovation
Project-Police Storage Facility (Phase 1A); and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.8. Second Reading and adoption of an Ordinance of the City Council of the City of
Orange amending Chapter 17.08 and 17.15 of the Orange Municipal Code relating
to Density Bonus Law. Ordinance No. 05-24.
ACTION: Adopted Ordinance No. 05-24.
3.9. General Plan Annual Progress Report to the State of California.
ACTION: Received and filed the 2023 General Plan Annual Progress Report for
submittal to the State.
3.10. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1
Santiago Hills Overlay) Preliminary Engineer's Report for Fiscal Year 2024-2025.
Resolution No. 11540.
Item 3.10 was removed from the Consent Calendar for separate consideration by
Councilmember Gutierrez.
Staff clarified Rancho Santiago Canyon College is not located in the 86-2 or 15-1
Landscape Maintenance Assessment Districts.
ACTION: A motion was made by Councilmember Dumitru, seconded by
Councilmember Gutierrez, to:
1) Adopt Resolution No. 11540. A Resolution of the City Council of the City of Orange
regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills), and
15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and
collection of assessments for Fiscal Year 2024-2025; set a time and place for a public
hearing to receive public testimony on the foregoing matters; and give preliminary
approval of the certified Engineer's Report for Landscape Maintenance Assessment
Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).
2) Declare the intent to levy an annual assessment, and establish May 28, 2024, at
6:00 p.m. at City Hall Council Chamber, 300 E Chapman Avenue, Orange, CA 92866,
as the time and place for the Public Hearing on the assessments.
The motion carried by the following vote:
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Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
3.11. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore
Crossing) Preliminary Engineer's Report for Fiscal Year 2024-2025. Resolution
No. 11541.
ACTION: 1) Adopted Resolution No. 11541. A Resolution of the City Council of the City
of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore
Crossing) declaring its intention to provide for an annual levy and collection of
assessments for Fiscal Year 2024-2025; set a time and place for a public hearing to
receive public testimony on the foregoing matters and give preliminary approval to the
certified Engineer's Report for Landscape Maintenance Assessment District 94-1
Sycamore Crossing). 2) Declared the intent to levy an annual assessment, and
establish May 28, 2024, at 6:00 p.m. at City Hall Council Chamber, 300 E Chapman
Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the
assessment.
Approval of the Consent Calendar
Items 3.4 and 3.10 were removed from the Consent Calendar and heard separately. All
other items were approved as recommended.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru,
to approve the Consent Agenda. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SLATER
None
5. REPORTS FROM COUNCILMEMBERS
5.1. Rapids Express Car Wash Sign on W. Katella Ave. and Main St.
Discuss permitting Rapids Express Car Wash to use the City of Orange logo.
Discuss possibly amending the sign code to permit certain digital signs.
City Manager Kisela announced Item 5.1 was being removed from the agenda. Staff
will work with the business owner on a non-digital sign.
Public Speaker:
Reggie Mundekis asked if the use of the City seal was still being considered.
Staff confirmed the item will return to Council for consideration and approval if there is
a request to use the City seal.
This item was withdrawn with no further action.
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5.2. Other Counclmember Reports
Councilmember Gutierrez thanked Orange Homegrown for taking care of the orange
orchard and harvesting the oranges in Hart Park; and acknowledged Orange Police
Department for partnering with Orange High School and offering their Hispanic
Outreach Program classes.
6. AB 1234 REPORTS
None
7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.1. Annual presentation of Local Appointments List of all City Boards, Commissions,
and Committees.
A motion was made by Councilmember Dumitru, seconded by Councilmember
Gutierrez, to: 1) Reappoint the following eligible existing positions: CDBG Program
Committee Member Jonathan St. Clair for a two-year term expiring June 30, 2026; and
Orange Public Library Board of Trustee Members Peggy Calvert and Kathleen Stevens
for three-year terms respectively expiring June 30, 2027; 2) Approve the Local
Appointments List and direct the City Clerk to post a copy in compliance with the
Maddy Act; and 3) Direct the City Clerk to post a Notice of Scheduled Vacancy for the
following positions: Design Review Committee for a term beginning July 1, 2024-June
30, 2028, and Traffic Commission for a term beginning July 1, 2024-June 30, 2028.
The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
8. ADMINISTRATIVE REPORTS
8.1. Monthly Treasurer's Reports for January, February, and March 2024.
City Treasurer Richard Rohm and Finance Director Trang Nguyen provided the staff
report and answered Council's questions. Council discussed conducting a forensic
audit. Staff is currently assessing various finance standard operating procedures, and
will make revisions or updates where necessary.
The report was received and filed.
8.2. Declare the approximate 3,156 square feet unimproved right-of-way parcel
bounded by Walnut Avenue on the north, Milford Road on the west, adjacent to
two residential properties located at 455 and 461 North Milford Road, as surplus
to the City's needs; and authorize the disposal of the property. Resolution No.
11538.
Council discussed continuing the item to a date uncertain.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru,
to continue Item 8.2 to a date uncertain. The motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
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8.3. Approval of permit parking on both sides of Wayfield Street from Chapman
Avenue to the first cul-de-sac north. Resolution 11539.
Public Speaker
Donald Telford, Holiday Skate Center, spoke in opposition to approval as it will impact
his business.
Written Public Comment
Steven Kiser, Kiser Law, submitted an email in opposition to approval and requested a
continuance.
During discussion, staff was directed to explore accommodating the businesses in the
area.
A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez,
to: 1) Modify Permit Parking Opportunity Area 3 to include Wayfield Street from
Chapman Avenue to the first cul-de-sac north; 2) Approve permit parking on the same
segment of Wayfield Street; and 3) Adopt Resolution No. 11539. A Resolution of the
City Council of the City of Orange adopting a revised master resolution of designated
permit parking areas within the City of Orange. The motion carried by the following
vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, and Slater
Noes: Bilodeau
Absent: Gyllenhammer
8.4. Introduction and First Reading of Ordinance Nos. 08-24 and 09-24 amending
Chapter 2.10 of Title 2 of the Orange Municipal Code relating to campaign
contribution limits and contributions from committees. (Continued from April 9,
2024)
Written Public Comment
Shirley Grindle submitted correspondence in opposition of amending Section 2.10.090.
A motion was made by Councilmember Bilodeau, seconded by Councilmember
Dumitru, to continue Item 8.4 to the May 14, 2024, Regular City Council meeting. The
motion carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
9. REPORTS FROM CITY MANAGER
None
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10. LEGAL AFFAIRS
10.1. Introduction and First Reading of Ordinance No. 07-24 containing administrative
updates to various sections of Titles 3 and 5 of the Orange Municipal Code.
A motion was made by Councilmember Gutierrez, seconded by Councilmember
Dumitru, to introduce and conduct First Reading of Ordinance No. 07-24. An Ordinance
of the City Council of the City of Orange amending various sections in Titles 3 and 5 of
the Orange Municipal Code to delete outdated language, update references to conform
with current law and code provisions, and achieve internal consistency. The motion
carried by the following vote:
Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, and Slater
Noes: None
Absent: Gyllenhammer
11. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:24 p.m.
The next Regular City Council meeting will be held on Tuesday, May 14, 2024, 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
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