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05/23/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 13, 2023 MINUTES City of Orange City Council May 23, 2023 The City Council of the City of Orange, California convened on Tuesday, May 23, 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, Bilodeau, Gyllenhammer, and Slater Absent: Gutierrez 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 present, except Councilmember Gutierrez who was absent, to discuss the following: a.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 RECESS TO REGULAR MEETING: At 5:58 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 8:16 p.m. with all Members present, except Councilmember Gutierrez who was absent. 4. CLOSED SESSION REPORT None 5. ADJOURNMENT Closed Session was adjourned at 8:49 p.m. Page 1 of 8 City Council Minutes May 23,2023 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:05 p.m. 1.1 INVOCATION Given by Pastor Marco Salinas from Spirit and Truth Worship Center. 1.2 PLEDGE OF ALLEGIANCE Led by Mayor pro tern Arianna Barrios. 1.3 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Absent: Gutierrez 1.4 PRESENTATIONS/ANNOUNCEMENTS Memorial Adjournment in honor of Patricia "Patti" van Voorst. El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative was not able to attend. Orange High School ASB Vice President Hailey Navarro attended in Diego Paz's place and provided Council with a brief update on school happenings; and introduced next year's ASB Ambassador Nancy Albeno. Friends of the Orange Public Library Presentation to the Orange Public Library. Proclamation recognizing Palmyra Elementary School's 70th Anniversary. Mayor Slater invited the community to a free Movie in the Park event at Shaffer Park on Thursday, June 8, 2023. 1.5 REPORT ON CLOSED SESSION ACTIONS None 2. PUBLIC COMMENTS Public Speakers Vernon Durant expressed concerns with a business in his neighborhood. Todd Huffman spoke in support of adding a BMX track at Grijalva Sports Park. Toby Henderson spoke in support of adding a BMX track at Grijalva Sports Park. Erick Bartoldus spoke in support of adding a BMX track at Grijalva Sports Park. Collin Timmermans spoke in support of adding a BMX track at Grijalva Sports Park. Adam Marasco, owner of Bike Alley, spoke in support of adding a BMX track at Grijalva Sports Park. Johanna Speiser encouraged Council to implement programs and policies such as a Climate Action Plan and building electrification alternatives. Page 2 of 8 City Council Minutes May 23,2023 Jake Corner discussed the City Council Santiago Creek Subcommittee and creation of a sustainability committee. Brandy Romero spoke in opposition of the adopted administrative citation ordinance. Written Public Comments Janice Brownfield emailed about the importance of sustainability programs. Reggie Mundekis emailed in support of commemorating Pride Month. 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 Regular Meetings held on April 25 and May 9, 2023; Adjourned Regular Meeting held on May 7, 2023; and Special Meeting held on May 12, 2023. ACTION: Approved minutes as presented. 3.3. Agreement with Fehr & Peers for Transit Planning Services to conduct a Transit Planning Study for the feasibility of developing the Orange Community Circulator, currently programmed under the Orange County Transportation Authority's Community-Based Transit/Circulators Program (Project V). Item 3.3 was removed from the Consent Calendar for separate consideration by Mayor pro tern Barrios. In response to Council's questions, staff confirmed a parking study could be completed independently from this proposed agreement if that is Council's direction to staff. ACTION: A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to 1) Approve the agreement with Fehr & Peers in the amount of $65,850 for Transit Planning Services; and authorize the Mayor and the City Clerk to execute on behalf of the City; and 2) Authorize $6,585 (10%) of the contract amount for contingency purposes. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez Page 3 of 8 City Council Minutes May 23,2023 3.4. Agreement with Officer Damon Allen for the transfer of ownership of police service dog, Danto, assigned to the Police Department's Canine Team. Item 3.4 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru. Council thanked Officer Allen and discussed the importance of the K9 unit. ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tern Barrios, to approve the agreement to transfer ownership of canine Danto from the City of Orange to Officer Damon Allen; and authorize the Mayor and the City Clerk to execute on behalf of the City. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 3.5. Second Amendment to the Agreement with HASA, Inc. for maintenance of Hart Park pools. ACTION: Approved the Second Amendment with HASA, Inc., in the amount of 51,854.78 for maintenance of Hart Park pools; and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.6. Approval of plans and specifications for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements; authorization to advertise for bids; and finding of CEQA exemption. ACTION: Approved plans and specifications and authorized advertising for Bid No. 22-23.41 (SP-4199). 3.7. Award of Contract to Palp, Inc. dba Excel Paving Company for the Taft Ave. & Lewis St. Water Quality Storm Drain Improvement Project, Bid No. 22-23.29; and finding of CEQA exemption. ACTION: 1) Approved contract with Palp, Inc. dba Excel Paving Company in the total amount of $582,307, representing an original amount of $529,370 plus a 10% contingency of $52,937, for Taft Ave. & Lewis St. Water Quality Storm Drain Improvement; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the transfer of $110,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56340.30215 Sanitation and Sewer - Taft Ave. & Lewis St. Water Quality Storm Drain Improvement. 3.8. Authorize increase to Fiscal Year 2022-2023 blanket purchase order for uniforms and duty gear from Galls, LLC. ACTION: Approved the increase to blanket purchase order for uniforms and duty gear from Galls, LLC in the amount of $50,000 for an overall purchase order total of 120,000. Page 4 of 8 City Council Minutes May 23,2023 3.9. Authorize purchase of one (1) Braun Chief XL Type I ambulance from RedSky Emergency Vehicles and Vehicle Service Group, Inc. as a single source vendor. ACTION: 1) Approved the purchase of one Ambulance from Red Sky Emergency Vehicle for $448,401; and 2) Authorized the appropriation of $448,401 from the Equipment Replacement (720) unreserved fund balance, to expenditure account number 720.5023.55212.V2400, Equipment Replacement - Motor Vehicle Replacement. 3.10. Accept the annual Assembly Bill No. 481 Military Equipment Report, review and affirm Ordinance No. 03-22, and adopt the newly revised Military Equipment policy for the acquisition and use of military equipment by the Orange Police Department. ACTION: Accepted the annual report, reviewed and affirmed Ordinance No. 03-22, implemented policy revision recommendations, and adopted the newly revised policy in accordance with Government Code § 7071. 3.11. City Traffic Commission Activity Report for 2022. ACTION: Received and filed. 3.12. Approval of the City of Orange Local Roadway Safety Plan. Resolution No. 11452. ACTION: Adopted Resolution No. 11452. A Resolution of the City Council of the City of Orange approving the City of Orange Local Roadway Safety Plan. 3.13. Approval of the Fiscal Year 2023-2024 Pavement Management Program budget to incorporate a list of eight arterial streets to be funded by SB 1 (The Road Repair and Accountability Act) and appropriate Road Maintenance and Rehabilitation Account funding. Resolution No. 11455. ACTION: Adopted Resolution No. 11455. A Resolution of the City Council of the City of Orange approving the 2023-2024 Pavement Management Program budget to incorporate a list of eight streets to be funded by SB 1: the Road Repair and Accountability Act of 2017 and appropriate Road Maintenance and Rehabilitation Account (RMRA)funding. 3.14. Setting the amount of appeal fee for administrative citation appeals. Resolution No. 11456. Note: Mayor pro tern Barrios registered a no vote. ACTION: Adopted Resolution No. 11456. A Resolution of the City Council of the City of Orange setting the amount of appeal fee for administrative citation appeals. 3.15. A Letter of Understanding between the City of Orange and the City of Orange Police Management Association effective July 1, 2023, through June 30, 2026. Resolution No. 11459. ACTION: Adopted Resolution No. 11459. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Police Management Association effective July 1, 2023, through June 30, 2026. Page 5 of 8 City Council Minutes May 23,2023 3.16. A Letter of Understanding between the City of Orange and the City of Orange Police Association effective July 1, 2023, to June 30, 2026. Resolution No. 11460. ACTION: Adopted Resolution No. 11460. A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the City of Orange Police Association effective July 1, 2023, through June 30, 2026. Approval of the Consent Calendar Item Nos. 3.3 and 3.4 were removed from the Consent Calendar and heard separately. Mayor pro tem Barrios registered a no vote on Item 3.14. All other items were approved as recommended. A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer, to approve the Consent Agenda. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SLATER Mayor Slater reported that he is still in the process of interviewing Library Board applicants; he hopes to have a nominee for appointment at the June 13 meeting. 5. REPORTS FROM COUNCILMEMBERS Councilmember Gyllenhammer reported the Council Santiago Creek Conservancy Committee had their first meeting. They discussed the committee's goals and meeting logistics. Councilmember Dumitru reported the Harm Reduction Institute submitted an application to resume a needle exchange program in Santa Ana. Letters in opposition of the program should be sent to the CA Department of Public Health by May 26. Mayor pro tern Barrios reported that the Council Sweet Sweet Orange Committee, in collaboration with CR&R, held a Chapman University Dump Day. 6. ADMINISTRATIVE REPORTS 6.1. Appropriation of $1,385,000 from the Capital Projects Fund (500) unreserved fund balance for the purchase of property located at 2829 N. Glassell Street (Olive Park). A motion was made by Councilmember Tavoularis, seconded by Councilmember Bilodeau, to authorize the appropriation of $1,385,000, representing the original purchase amount of $1,375,000 plus $10,000 for miscellaneous escrow fees and charges, from the Capital Projects (500) unreserved fund balance to 500.7021.56012.20533 (2829 N. Glassell Street). The motion carried by the following vote: Page 6of8 City Council Minutes May 23,2023 Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, and Slater Noes: Gyllenhammer Absent: Gutierrez 6.2. Expansion of Permit Parking Area "Z" to include portions of Rancho Santiago • Boulevard; Silverleaf Avenue; Christine Street; and Richard Street. Resolution No. 11461. Public Speakers The following spoke in support of expanding Permit Parking area Z: Rodger & Debbie Gulledge, Al George, Kevin Brown, Elaine Dern, Dennis Surles, Brooke Wilson, Dennis B., and Alexa Hurley. A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to 1) Approve permit parking on both sides of Rancho Santiago Boulevard from the south city limits to Silverleaf Avenue; both sides of Silverleaf Avenue from Rancho Santiago Boulevard to Richard Street; both sides of Christine Street from Silverleaf Avenue to Sycamore Avenue; and both sides of Richard Street from Silverleaf Avenue to Sycamore Avenue; and 2) Adopt Resolution No. 11461. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11439 and adopting a revised master resolution of permit parking areas within the City of Orange. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 6.3. Employment Agreement with City Attorney Michael J. Vigliotta. Public Speaker Adrienne Gladson encouraged Council to share their expectations of this individual with the public. A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to approve Employment Agreement with City Attorney Michael J. Vigliotta. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 7. REPORTS FROM CITY MANAGER City Manager Kisela introduced the new Finance Director, Trang Nguyen. 8. LEGAL AFFAIRS 8.1. Introduction and First Reading of Ordinance No. 06-23 amending Section 15.04.015 of the Orange Municipal Code deleting provision regarding Work Exempt from Permit. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Bilodeau, to Introduce and conduct First Reading of Ordinance No. 06-23. An Ordinance of the City Council of the City of Orange amending Section 15.04.015 of the Orange Municipal Code deleting a provision regarding work exempt from permit. The motion carried by the following vote: Page 7 of 8 City Council Minutes May 23,2023 Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 8.2. Introduction and First Reading of Ordinance No. 07-23 revising restrictions for leaf blowers. City Attorney Binning presented the staff report and answered Council's questions regarding enforcement, responsibility of property owners and landscapers, and applicability. Public Speaker Jeremy Livermore spoke in support of approving proposed Ordinance No. 07-23. Written Public Comments The following submitted written comments in support of approving proposed Ordinance No. 07-23: Bonnie Robinson and Jake Corner. Councilmember Tavoularis requested amending the proposed ordinance so the property owner is not held accountable for a contractor's noncompliance. A motion was made by Councilmember Gyllenhammer, seconded by Mayor Slater, to Introduce and conduct First Reading of amended Ordinance No. 07-23 entitled "An Ordinance of the City Council of the City of Orange amending Chapter 8.26 of the Orange Municipal Code relating to leaf blowers" with the removal of "property owner" from Sections 8.26.030 and 8.26.040. The motion failed by the following vote: Ayes: Tavoularis, Gyllenhammer, and Slater Noes: Dumitru, and Bilodeau Absent: Gutierrez Abstain: Barrios Council recessed at 8:13 p.m. and reconvened in Closed Session at 8:16 p.m. with all Members present, except Councilmember Gutierrez who was absent. Council reconvened in Open Session at 8:49 p.m. with nothing to report out. 9. ADJOURNMENT There being no further business, the meeting was adjourned at 8:49 p.m. in Memory of Patricia "Patti" van Voorst to a meeting on Tuesday, June 6, 2023, at 5:00 p.m. in the Council Chamber. The next Regular City Council meeting will be held on Tuesday, June 13, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. ALA_ ace,_ PAMELA COLEMAN DANIEL R. SLATER CITY CLERK MAYOR Page 8 of 8