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03/14/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 11, 2023 MINUTES City of Orange City Council March 14, 2023 The City Council of the City of Orange, California convened on Tuesday, March 14, 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 5:00 p.m. 1.1 ROLL CALL Mayor pro tem Barrios joined Closed Session at 5:05 p.m. 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. 5:02 p.m. with all Members, except Mayor pro tem Barrios who joined the meeting at 5:05 p.m., to discuss the following: Item 3(a) was not discussed. a. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957(b)1. Title: Finance Director b. PUBLIC EMPLOYMENT Pursuant to Government Code Section 54957(b)1. Title: City Attorney C. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6. City Negotiator: Tom Kisela, Interim City Manager Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association Page 1 of 13 City Council Minutes March 14, 2023 d. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to and initiation. of litigation pursuant to Government Code Section 54956.9(d)(2) & (d)(4): (One potential case) e. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Patricia Kuklovsky, et al. v. City of Orange, et al. Orange County Superior Court Case No. 30-2021-01196985 RECESS 'TO REGULAR MEETING: At 6:00 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 10:10 p.m. with all Members present. 4. CLOSED SESSION REPORT During Open Session, for Item 3(b), City Attorney Binning reported the City Council voted unanimously to authorize the immediate release of the employment solicitation for City Attorney with a closing date of April 14, 2023. 5. ADJOURNMENT Closed Session was adjourned at 11:45 p.m. 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:06 p.m. 1.1 INVOCATION Given by Pastor Danny Kurimay from Bridge Community Church and Orange Police Department Chaplain. 1.2 PLEDGE OF ALLEGIANCE Led by Councilmember Denis Bilodeau. 1.3 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Absent: None Page 2 of 13 City Council Minutes March 14, 2023 1.4 PRESENTATIONS/ANNOUNCEMENTS Orange High School Student Liaison Diego Paz, ASB Ambassador, provided Council with a brief update on school happenings. El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative, was not able to attend the meeting. Community Partner. Recognition. Orange County Sustainability Decathlon, Dr. Fred Smoller. 2. PUBLIC COMMENTS Public Speakers: Tony Flores, Field Representative for Assemblyman Avelino Valencia, presented Interim City Manager Tom Kisela with a certificate of appreciation. Michael Schmidt expressed concerns with the lack of City Council support for his Old Towne business. Sharon Galasso spoke in opposition of a proposed cemetery near Palmyra Avenue. Jake Comer spoke in support of the OC Sustainability Decathlon and requiring all new developments to be fully electric. Arnie Kimeldorf spoke in opposition of a proposed cemetery near Palmyra Avenue. David Hillman opposes the operation at the Chandler pit site. - Jerry Conrey expressed concerns with the water service charge for his residence. David Nunez expressed concerns with comments made at the last Council meeting ' regarding zoning and housing issues. Written Public Comments Janice Brownfield emailed in support of preserving Santiago Creek. 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 February 2, 10, 16, and 24, 2023. ACTION: Approved. Page 3 of 13 City Council Minutes March 14, 2023 3.3. Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023. ACTION: Approved minutes as presented. 3.4. Software Agreement with MaintStar, a California Corporation, for the purchase and upgrade of the City's work asset management system and land management system; and Agreement with LA Consulting for implementation services of work asset management system and land management system. ACTION: 1) Approved the 5-year Software Agreement with MaintStar in the amount of $1,197,486 which includes the WAMS system amount of $539,112, the LMS system amount of $549,512, and a combined 10% contingency of $108,862, and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Approved the agreement with L.A. Consulting, Inc. for implementation services in the amount of $127,182 and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Approved the purchase of 60 smart devices in the amount not to exceed $70,000. 3.5. Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements. Item 3.5 was removed from the Consent Calendar for separate . consideration by Councilmember Gutierrez. In response to Council's questions, staff clarified that during Chapman's and Orange Lutheran High's non-exclusive time, the City has access .to the facility. ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to approve agreementwith Verde Design in the amount of $161,763.60 for design of the Hart Park , Diamond 1 Field Improvements project (30133); and authorize the Mayor and City Clerk : to execute on behalf of the City. The motion carried by the following vote: Aves: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.6. Agreement with Hinderliter De Llamas & Associates (HdL) for ,Business License and Tax Services Software as a single source vendor. ACTION: Approved the three-year agreement with Hinderliter De Llamas & Associates .(HdL) in the amount of $143,722 for Business License and Tax Services Software and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7. First Amendment to Agreement with Lance, Soil, & Lunghard, LLP for additional financial reporting services and a one-year term extension. ACTION: Approved First Amendment to the agreement with Lance, Sol[, & Lunghard, LLP to initiate first extension year and the addition of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller's Report and authorized the Mayor and City Clerk to execute on behalf of the City. Page 4 of 13 City Council Minutes March 14, 2023 3.8. Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City. Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru. Council requested items of substantial cost, such as this one, not be placed on the Consent Calendar in the future. ACTION: A motion was. made. by Councilmember Bilodeau, seconded. by Councilmember Tavoularis, for the six Affordable Housing Agreements with Orange Housing Development Corporation to include: a. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951 b. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076 c. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195 A. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue - Agreement 2538 e. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121 f. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507 to approve the following: 1) Authorize staff to update 'amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date. 2) Approve the amendment to the six Affordable Housing Agreements with Orange Housing Development Corporation and authorize the City Manager to execute final agreement on behalf of the, City after final amounts are determined, no later than March 18, 2023, and discount amounts not to exceed $158,000. 3) ' Accept into the City's revenue budget approximately $1,388,965.91 from Orange Housing Development Corporation into the following revenue account numbers: a. 921.0000.44100.00000-Principal Repayments $888,099.74 b. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75 c. 317.0000.44100.00000-Principal Repayments $ 89,532.13 d. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30 The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.9. Grant a utility. easement to Southern California Edison on City of: Orange property to facilitate the installation of support wire for a replacement electrical pole. ACTION: Authorized the granting of a utility easement on City property in favor of Southern California Edison and authorized the Mayor to execute the easement deed from the City to Southern California Edison. 3.1.0. Appropriation of $36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System. ACTION: 1) Accepted into the City's revenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number Page 5 of 13 City Council Minutes March 14, 2023 100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System; and 2) Authorized the appropriation of $36,414 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $30,000 into account number 100.3001.53301.30223, Books - Palace Implementation Project Grant; and $6,414 into account number 100.2001.53301.19988, Books - Santiago Library System. 3.11. Appropriation of $443,515.03 in State of . California .Office of Emergency Services funding received. ACTION: 1) Accepted into the City's revenue budget $443,515.03 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal-OES reimbursementsas follows: Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx): $ 914.21 .40303 - Oak Fire 13,398.29 .40311 - 2022 OSC Support 12,762.44 .40312 - Border 32 Fire 20,497.41 .40313 - Mill Fire 180,389.44 .40314 - Mountain Fire 75,193.96 .40315 - Fairview Fire 140,359.28 .40318 - Mosquito Fire 2) Authorized the appropriation of .$439,141.18 into the expenditure account numbers for Overtime -Safety as follows: Overtime -Safety (expenditure account 100.3024.50221.xxxxx): $ 914.21 .40303 - Oak Fire 13,207.75 .40311 - 2022 OSC Support 12,762.44 .40312 - Border 32 Fire 20,497.41 .40313 - Mill Fire 177,492.55 .40314 - Mountain Fire 74,801.97 .40315 - Fairview Fire 139,464.85 .40318 - Mosquito 3) Authorized the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as follows: Strike Team (expenditure account 100.3024.53860.xxxxx): $ 190.54. .40311 - 2022 OSC Support 2,896.89 .40314 - Mountain Fire 391.99 .40315 - Fairview Fire 894.43 .40318 - Mosquito fire 3.12. Appropriation of $102,504.07 in designated grant funding received from the Hoard of State and Community Corrections . (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program. ACTION: 1) Accepted into the City's revenue budget $102,504.07 in grant funds from the Board of State and 'Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23. 2) Authorized the appropriation of $102,504.07 into the following expenditure accounts: 100.4011.51640.30224 Medical & Psychologic Services BSCC 22-23 $81,504.07 100.4011.51830.30224 Overnight Training BSCC 22-23 11,000.00 100.4011.55131.30224 Equipment BSCC 22-23 10,000.00 Page 6 of 13 City Council Minutes March 14, 2023 3.13. Appropriation of $47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election. ACTION: Authorized the appropriation of $47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense. 3.14. Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.. A speaker card was submitted for .Item 3.14; therefore, the item was removed from the Consent Calendar for separate consideration. Public Speaker: James Kushon urged Council to incorporate the Cypress Barrio when naming this park. During discussion, Council requested staff to return with a report on ' options for naming the Pocket Park at Well 28. ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember .Gyllenhammer, to approve —the plans and specifications and authorize advertising for Bid No. 22-23.33. The motion carried by the following vote;. Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer,,and Slater Noes: None Absent: None.. 3.15. Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids. ACTION: Approved the plans and specifications and authorized advertising for Bid No.22-23.34 (SP-4049). 3.16. Claims for Damages. ACTION: Denied the following claim and referred to City Attorney and Claims Adjuster: 1. Mercury Insurance, a/s/o Kimberly Krause 3.17. First Amendment ° to Contract with Towo Enterprise, Inc., for Annual Concrete Replacement at Various Locations, Phase I: ACTION: Approved the First Amendment .to the Contract in the amount of $76,665.00 with Towo Enterprises, Inc. for additional work; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.18. Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion. ACTION: Accepted the Annual Pipeline Renewal Project as complete, and authorized staff to file Notice of Completion with the County Recorder. 3.19. Authorize increase to blanket purchase . order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor. ACTION: 1) Approved the increase to blanket purchase order for ammunition from Dooley's Enterprise, Inc. in the amount of $55,000 for an overall purchase order total of Page 7 of 13 City Council Minutes March 14, 2023 $143,000; and 2) Authorized the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition. 3.20. 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 to a blanket purchase order for a total of $107,389 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.. 3.21. Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new duplex unit at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption. Note: Mayor Slater and Mayor pro tem Barrios recused themselves from this item; and Councilmember Gutierrez registered a no vote. ACTION: Adopted Resolution No. 11438. A Resolution of the City Council of the City of Orange denying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a new duplex unit located at 529 S. Grand Street. Approval of the Consent. Calendar Items 3.5, 3.8, and 3.14 were removed from. the Consent Calendar and heard separately. Mayor Slater and Mayor pro tem Barrios recused themselves from- Item 3.21. Councilmember Gutierrez registered a no vote on Item 3.21. All other items were approved as recommended. A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, 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. Homeless Outreach City Council Subcommittee update. Mayor Slater provided an update on the Homeless Outreach City Council subcommittee. Members of. the subcommittee discussed: touring shelter facilities located in nearby cities and potential for affordable housing. 5. REPORTS FROM COUNCILMEMBERS 5.1. Highlight Local Business (Gutierrez $ Barrios) Councilmember Gutierrez highlighted the following local business: V. Montoya, Inc. Nursery. Councilmember Barrios highlighted the following local business: Palm Market. Page 8 of 13 City Council Minutes March 14, 2023 5.2. Proposed amendment (Gyllenhammer) Public Speakers: Jeremy Livemore spoke ordinance. Joel Robinson spoke in ordinance. to Orange Municipal Code Chapter 8.26 "Leaf Blowers" in support of banning leaf blowers or amending the current support of banning leaf blowers or amending the current Written Public Comments Susan Guilford submitted an eComment in support of reducing the noise from leaf blowers. Steve Cole emailed in opposition of banning leaf blowers. Rita Robinson emailed in support of amending the current ordinance. Kevin Bolland emailed in support of banning leaf blowers or amending the current ordinance. Bonnie Robinson emailed in support of amending the current ordinance. Scott Sink emailed in support of banning leaf blowers or amending the current ordinance. Council discussed the current code adopted in 1993, regulation around time constraints, process involved enforcing the current code, changing allowable noise level to 65 decibels, and building in community outreach and enforceability to any proposed amendments. A motion was made by Councilmember Gyllenhammer, seconded - by Mayor pro tern Barrios, to direct staff to return with options for amending Orange Municipal Code Chapter 8.26. The motion carried by the following vote: Ayes: Barrios, Tavoularis, Gutierrez, Gyllenhammer, and Slater Noes: Dumitru, and Bilodeau Absent: None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1. Appointment(s) to various City Boards, Commissions, and Committees. A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to appoint Chrissy Vaughn and Brendon Moeller to the CDBG Program Committee for two-year terms respectively ending June 30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for four-year terms respectively ending June 30, 2027; Chris Horton to the Investment and Audit Committee for a two-year term ending on June 30, 2025; Erika de Vries and James Kushon to the Park Planning and Community Events Commission to fill unexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill an unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the Planning Commission for four-year terms respectively ending on June 30, 2027; Tim McCormack to the Planning Commission to fill a scheduled. vacancy effective July 1, 2023, for a four-year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and Derek Tran to the Traffic Commission for four-year terms respectively ending June 30, 2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027. The motion carried by the following vote: Page 9 of 13 City Council Minutes March 14, 2023 Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None RECESS: The City Council recessed at 8:06 p.m. and reconvened at 8:31 p.m. with all Members present. 7. ADMINISTRATIVE REPORTS 7A. Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439. Public Speakers: The following spoke in support :.:of.. approval: Robert Guzman, Chris Chung, Brooke Wilson, Raul Sanchez, Alexa Hurley, and: Karla Ramirez. Digna Faber expressed concerns with the overflow of traffic spilling into her neighborhood as she lives outside of the proposed permit area. Councilmember Dumitru made a motion to approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street and to include permit parking on Silverleaf Avenue, Christine Street, Richard Street, and Rancho Santiago Boulevard. During discussion, Councilmember Dumitru withdrew his motion. A motion was made by Councilmember, Dumitru, seconded by Councilmember Gutierrez to continue Item 7.1 to April ; 111 :. 2023, to allow staff time to notify the residents of Silverleaf Avenue,. Christine . Street; Richard Street, and Rancho Santiago Boulevard and include them in proposed. Permit Parking Area Z along with Sycamore Avenue. During further discussion, Councilmember Bilodeau requested to amend the motion to approve proposed Permit Parking Z as recommended and direct staff to return on April 11, 2023, with the additional streets. Councilmember Dumitru and Councilmember Gutierrez accepted the amendment. A motion was made by Councilmember. . Dumitru, seconded by Councilmember Gutierrez, to: 1) Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. 2) Adopt Resolution No. 11430. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11422 and adopting a revised master resolution of permit parking areas within the City of Orange. 3) Direct staff to return with a permit parking area for Silverleaf Avenue, Christine Street, Richard Street, and Rancho Santiago Boulevard at the April 11, 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 Page 10 of 13 City Council Minutes March 14, 2023 7.2. Agreement for Employment with City Manager Thomas C. Kisela and adoption of amended citywide pay schedule. Resolution No. 11440. A motion was made by Councilmember Tavoularis, seconded by Councilmember Gutierrez, to 1) Approve Agreement for Employment with City Manager Thomas C. Kisela, and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Adopt Resolution No. 11440. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11435 and amending the citywide pay schedule in accordance with the requirements of , California Code of Regulations, Title 2, Section 570.5. 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 8.1. Update on Paseo Study Interim City Manager Kisela provided Council with an update on the Paseo study and noted the next step would be preparing the Environmental Impact Report (EIR). During Council discussion, staff was directed to provide Council with a written report on the findings of the study including the cost of preparing an EIR. 9. LEGAL AFFAIRS 9.1. Introduction and First Reading of Ordinance No. 02-23 authorizing City Councilmember health and retirement benefits. A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to Introduce and conduct First Reading of Ordinance No. 02-23. 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 City Council health and retirement benefits. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Bilodeau, and Slater Noes: Barrios, Gutierrez, and Gyllenhammer Absent: None 10. PUBLIC HEARINGS (Item 10.3 re -ordered to be heard before Item 10.1.) 10.3. Public Hearing to consider the approval of the draft HOME Investment Partnership -American Rescue Plan Allocation Plan prior to submittal to the Department of Housing and Urban Development. Mayor Slater opened the Public Hearing at 9:10 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 9:10 p.m. Page 11 of 13 City Council Minutes March 14, 2023 A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to: 1) Authorize staff to incorporate public comments received at the Public Hearing into the HOME -ARP Allocation Plan. 2) Approve the HOME -ARP Allocation Plan prior to submission to the Department of Housing and Urban Development (HUD). 3) Authorize the City Manager or their designee to make any necessary changes to the Allocation Plan and submit the Allocation Plan to HUD. 4) Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), accept into the City's revenue budget . $1,572,426.70 in HOME Investment Partnerships Program American Rescue funds into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME -ARP Grant. 5) Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), authorize the appropriation of $1,572,426.70 from the HOME Fund (317) unreserved fund balance to expenditure account 317.9640.51670.30206 - HOME -ARP Other Professional Services. 6) Authorize the City Manager or their designee to execute documents related to the 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 10.1. Public hearing to consider Introduction and First Reading of .Ordinance No.-,01-23 amending the Orange Municipal Code to update refererces . to membership of committees and commissions and other , administrative revisions, and finding of CEQA exemption. Mayor Slater opened the Public Hearing at 9:11 p.m.; ,there being no speakers, Mayor Slater closed the Public Hearing at 9:11 p.m. A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 01-23. 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. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez; Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 10.2. Public Hearing to consider amending and revising the Master Schedule of Fees and Charges to adopt new Water and Sewer Rates. Resolution Nos. 11436 and 11437. Public Works Director Chris Cash provided the staff report and answered Council's questions. Council discussed averaging out the rate increases over the next five years instead of raising the rate by 7% the first year and the appropriate amount for reserves. Mayor Slater opened the Public Hearing at 10:02 p.m. Page 12 of 13 City Council Minutes March 14, 2023 Public Speaker: David Nunez spoke in support of the. increase and not underfunding the water/sewer rates. City Clerk Coleman reported that 13 written protests had been received. Mayor Slater closed the Public Hearing at 10:06 p.m. A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to: 1) Adopt Resolution No. 11436. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for sewer rates; 2) Adopt Resolution No. 11437. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for water rates; and 3) Receive and file. the Water and Sewer Rate Study conducted by Raftelis Financial Consultants, Inc. The motion carried by the following vote: Aves: Dumitru, Tavoularis, Gyllenhammer, and Slater Noes: Barrios, Gutierrez, and Bilodeau Absent: None Council. recessed at 10:06 p.m.. and reconvened in Closed Session at 10:10 p.m. with all Members present. Council reconvened in Open Session at 10:45 p.m. with all Members present.. REPORT ON CLOSED SESSION ACTIONS For Item 3(b), City Attorney Binning reported the City Council voted unanimously to authorize the immediate release of- the employment solicitation for City Attorney, with a closing date of April 14, 2023. 11. ADJOURNMENT. There being no further business, the meeting was adjourned at 11:47 p.m. The next Regular City Council meeting will be held on Tuesday,. March 28, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. DPJ l AME A COLEMAN DANIEL R. SLATER U CITY CLERK MAYOR Page 13 of 13