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07/11/2023 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 8, 2023 MINUTES City of Orange City Council July 11, 2023 The City Council of the City of Orange, California convened on Tuesday, July 11, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:45 PM EMPLOYEE RECOGNITION 1. WELCOME Mayor Slater welcomed everyone to the Employee Service Awards. 2. EMPLOYEE SERVICE AWARDS Employees were recognized for their years of service to the City and the community. 3. RECESS The City Council recessed at 4:55 p.m. and convened in Closed Session at 5:00 p.m. 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 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 5:01 p.m. with all Members present, except Councilmember Gutierrez who was absent, to discuss the following: a.CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Two potential cases) Page 1 of 9 City Council Minutes July 11,2023 b.CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) & (d)(1) -Two cases 1) Name of Case: Gary Steele v. City of Orange Orange County Superior Court Case No. 30-2022-01241193 2) Name of Case: Esther Castillo v. City of Orange, et al. Orange County Superior Court Case No. 30-2022-01284565 4. CLOSED SESSION REPORT None 5. ADJOURNMENT Closed Session was adjourned at 5:33 p.m. 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:02 p.m. 1.1 INVOCATION Given by Pastor Robert Schorr from Calvary Chapel Old Towne. 1.2 PLEDGE OF ALLEGIANCE Led by Councilmember John Gyllenhammer. 1.3 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Absent: Gutierrez Councilmember Tavoularis joined the meeting at 6:06 p.m. 1.4 PRESENTATIONS/ANNOUNCEMENTS Recognition of outgoing Boards, Commissions, Committees members. The following committee members were recognized: Park Planning & Community Events Commissioner Chrissy Vaughn for 2 years of service, Park Planning & Community Events Commissioner Mike Rouse for 2 years of service (Mr. Rouse was not in attendance, but Mayor Slater announced his certificate was mailed to him), Planning Commissioner Jonathan Trapesonian for 2 years of service, Planning Commissioner Ernie Glasgow for 8 years of service, and Traffic Commissioner Christian Vaughan for 12 years of service. Proclamation honoring Hight Family. Presentation from Orange County Water District. Page 2 of 9 City Council Minutes July 11,2023 Mayor Slater announced the Concert in the Park series continues on Wednesdays through August 9 at various locations. 1.5 REPORT ON CLOSED SESSION ACTIONS None 2. PUBLIC COMMENTS Public Speakers Susan (last name not given) requested a status of the gas line repairs at La Veta Monterey Condos. Carole Walters spoke about illegal fireworks. James Linder expressed concerns with a single family home that was remodeled into a seven bedroom home in his neighborhood. Teresa San Diego reported the La Veta Monterey Condos have been without gas for 40 days. Cindy Pace expressed appreciation for the 3rd of July event and for including the Space Force in the military tribute. Pat Buttress announced there would be a Fentanyl Town Hall on July 20 at Santiago Community College, and she invited the community to the Orange Rotary Club BeerFest on July 22. Written Public Comments Janice Brownfield emailed regarding the state's organic waste mandate. Edward Darvin submitted an eComment regarding the gas line issues at La Veta Monterey Condos. An anonymous eComment was received in support of the Findings and Recommendations of the Grand Jury regarding OC Animal Care. 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 June 1, 8, 15, 22, and 29, 2023. ACTION: Approved as presented. 3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on June 27, 2023. ACTION: Approved minutes as presented. Page 3of9 City Council Minutes July 11,2023 3.4. Agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for Fiscal Year 2023-2024. Resolution No. 11479. ACTION: 1) Approved agreement with the State of California, Department of California Highway Patrol in the amount of $137,099.12 for the Cannabis Tax Fund Grant Program; and authorized the City Manager to execute on behalf of the City. 2) Adopted Resolution No. 11479. A Resolution of the City Council of the City of Orange accepting funds in the amount of $137,099.12 from the State of California Highway Patrol for the Cannabis Tax Fund Grant Program and authorizing the City Manager to execute the grant program Agreement and related documents. 3) Accepted into the City's revenue budget $137,099.12 in grant funds from the State of California, Department of California Highway Patrol into revenue account number 100.4011.45495.30229 Cannabis Grant. 4) Authorized the appropriation of $137,099.12 into the following expenditure accounts in the General Fund (100)- Cannabis Tax Fund Grant Program (CTFGP): 40,000 100.4041.50001.30229 Regular Salaries Safety-CTFGP 93,099.12 100.4041.50221.30229 Overtime Safety-CTFGP 4,000 100.4041.51840.30229 Local Training-CTFGP 3.5. Agreement with Meridian Rapid Defense Group LLC for event protection barriers at various city events at the Plaza. ACTION: Approved the agreement with Meridian Rapid Defense Group, LLC in the total five-year amount of $375,000 for event protection barriers at various city events at the plaza; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6. First Amendment to Consultant Services Agreement with Park Consulting Group, Inc. (PCG) for Enterprise Land Management System (LMS) Implementation Services. ACTION: Approved the First Amendment to the Consultant Services Agreement with Park Consulting Group, Inc. in the amount of $85,000, and authorized the Mayor and the City Clerk to execute on the behalf of the City. 3.7. Second amendment to the agreement with Nieves Landscape, Inc. for trash and debris removal along Santiago Creek. ACTION: Approved the second amendment to the agreement with Nieves Landscape, Inc. for the addition of Santiago Creek trash and debris removal services; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8. Appropriation of $28,798.75 in designated continuing education funding received from the Rancho Santiago Community College District. ACTION: 1) Accepted into the City's revenue budget $28,798.75 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training; and 2) Authorized the appropriation of $28,798.75 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training. Page 4 of 9 City Council Minutes July 11,2023 3.9. Appropriation of$10,000.00 in revenue from community partnership donations. ACTION: 1) Accepted into the City's Fiscal Year 2022-2023 revenue budget $10,000 in community partnership donations into account 100.7015.48390.20530, General Fund - Donations - Special Events 2023 Season. 2) Authorized the appropriation of $10,000 in the following Fiscal Year 2022-2023 expenditure account number 100.1015.51355.20530, General Fund - Special Events 2023 Season. 3) Authorized the carryover of the Fiscal Year 2022-2023 General Fund account balances for the following accounts to Fiscal Year 2023-2024: 45,534 100.1015.51355.20530 - Special Events 2023 Season 10,000 100.7015.53380.20530 - Other Recreation Supplies 3.10. Approval of plans and specification for the Annual Traffic Striping, Pavement Markings, and Raised Pavement Markers Installation project; authorization to advertise for bids; and finding of CEQA exemption. ACTION: Approved plans and specification and authorized advertising for Bid No. 23-24.01. 3.11. Claims for Damages. ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster: 1. Gordon Fraser 2. Alicia Diaz 3. Joseph Lawrence Baca 4. Viola Mounir Bishara Yacoub 5. Beata Russo 6. Jane Park 3.12. Award of Contract to U.S. Builders and Consultants Inc., for the Water Division Bin Storage Project, Bid No. 22-23.24; and finding of CEQA exemption. ACTION: Awarded the contract with U.S. Builders and Consultants, Inc. in the total amount of $581,240, representing an original amount of $528,400 plus a 10% contingency of $52,840, for the Water Division Bin Storage Project; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13. Award of Contract to Elecnor Belco Electric, Inc. for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project - Intersection Improvements, SP-4199; Bid No. 22-23.41. ACTION: 1) Approved the contract with Elecnor Belco Electric, Inc. in the total amount of $913,837.15, representing an original contract amount of $794,641 and a 15% contingency of $119,196.15, for Tustin Avenue/Rose Drive corridor traffic signal improvements; and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Authorized the appropriation of $61,000 in reimbursable expenditures to account number 550.5031.56511.20425 for City of Placentia improvement costs beyond the original project budget; and 3) Authorized the appropriation of $15,000 in reimbursable expenditures to account number 550.5031.56512.20425 for City of Tustin improvement costs beyond the original project budget. Page 5 of 9 City Council Minutes July 11,2023 3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange Amending Sections 2.60.010 and 2.60.020 of the Orange Municipal Code related to the powers and duties of the Parks Planning and Community Events Commission. Ordinance No. 08-23 ACTION: Adopted Ordinance No. 08-23. 3.15. Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker&Taylor, Inc. ACTION: 1) Approved purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000; and 2) Authorized the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials. 3.16. Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September- November 2023. ACTION: Approved closure of the Orange Public Library facilities to the public as follows: September 1 - 2, 2023 - The Orange Public Library & History Center will close at 2:30 p.m. on Friday, the 1st, and all day on Saturday, the 2nd. Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time. November 11, 2023 - The Library will remain open on Friday, November 10 in order to close on the federal holiday of Saturday, November 11. November 22, 2023 - The Orange Public Library facilities will close at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday. 3.17. Authorize purchase of LUCAS 3 Automatic Chest Compression Device supplies and Ambulance Power Pro and Power Load gurney preventative maintenance services. ACTION: Approved an increase of $20,000 to a purchase order for medical supplies and service visits from Stryker Medical for the total amount of $52,000 for Fiscal Year 2022-23. 3.18. Authorize purchase of asphalt cold mix and washed concrete sand for the Public Works Water Division from Main Street Materials. ACTION: Approved an increase of $8,000 to a purchase order for asphalt cold mix and washed concrete sand from Main Street Materials for the total amount of $37,000 for Fiscal Year 2022-23. Approval of the Consent Calendar A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to approve the Consent Calendar as presented. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez END OF CONSENT CALENDAR Page 6 of 9 City Council Minutes July 11,2023 4. REPORTS FROM MAYOR SLATER None 5. REPORTS FROM COUNCILMEMBERS 5.1. Highlight Local Business (Barrios) Mayor pro tern Barrios announced the OC Register's 16th annual Top Workplaces program opened for nominations and encouraged Orange residents to nominate a local business; and the Orange Chamber of Commerce is accepting nominations for Citizen of the Year. She also announced that there are still commercial booths available for the International Street Fair. 5.2. Other Councilmember Reports Councilmember Dumitru provided an update on the La Veta Monterey Condo gas line issues. 6. ADMINISTRATIVE REPORTS 6.1. Legislative advocacy and grant writing update from Townsend Public Affairs. Economic Development Manager Aaron Schulze introduced Sean McReynolds, Townsend Public Affairs (TPA). Mr. McReynolds provided Council with a legislative and funding update and answered Council's questions. Public Speakers Shirley Grindle recommended providing the public with a quarterly update. Jake Corner encouraged Council to pursue climate related grants. The report was received and filed. 6.2. Executive Management and Senior Management employees' classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11480 and 11481. Entered into the record: A memo correcting the effective date of the Salary and Educational Incentive Program sections as listed in the staff report; the correct effective date is July 16, 2023. Amended Resolution Nos. 11480 and 11481 adding the Records Manager classification to Appendix B of Resolution No. 11480, and Public Works Administrative Manager classification retitled to Administrative Manager within Appendix B of Resolution No. 11480 and Master Salary Schedule of Resolution No. 11481. A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to: 1) Adopt amended Resolution No. 11480. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11410 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees. 2) Adopt amended Resolution No. 11481. A Resolution of the City Council of the City Page 7 of 9 City Council Minutes July 11,2023 of Orange rescinding Resolution No. 11476 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 6.3. Award of Contract to Environmental Construction, Inc. for Well No. 28 Equipping Project, Bid No. 22-23.33; increase to the capital improvement project budget; and finding of CEQA exemption. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to: 1) Authorize the appropriation of $1,270,000 to expenditure account number 550.8011.56411.18120, Reimbursable Capital Projects-Well 28 Construction; and 2) Approve contract with Environmental Construction, Inc. in the total amount of 8,593,377.65, representing an original amount of $7,812,161.50 plus a 10% contingency of $781,216.15, for Well 28 Equipping Project; and authorize the Mayor and 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 7. REPORTS FROM CITY MANAGER City Manager Kisela asked Chief of Police Dan Adams to provide Council with a brief report on illegal fireworks in the City during the July 4th holiday. 8. LEGAL AFFAIRS 8.1. Introduction and First Reading of an ordinance and adoption of an urgency ordinance amending Chapter 2.80 regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending; and adoption of a resolution setting impound fees related to sidewalk vendors. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 09-23. An Ordinance of the City Council of the City of Orange amending Chapter 2.80 of the Orange Municipal Code regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to adopt Ordinance No. 10-23 and the findings of urgency. An Urgency Ordinance of the City Council of the City of Orange amending Chapter 2.80 regarding obstruction and interference with enforcement of the Orange Municipal Code and Chapter 5.54 regarding impoundment of items related to sidewalk vending. The motion carried by the following vote: Page 8 of 9 City Council Minutes July 11,2023 Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to adopt Resolution No. 11482. A Resolution of the City Council of the City of Orange setting the amount of appeal and impoundment fees relating to sidewalk vendors. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 8.2. Introduction and First Reading of an ordinance adding Chapter 5.53 to Title 5 of the Orange Municipal Code establishing regulations for mobile vending vehicles on public and private property, and adoption of a resolution setting fees relating to mobile vendors and mobile vending vehicle permits. Public Speaker Richard Taylor spoke in support of approving the Ordinance. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to Introduce and conduct First Reading of Ordinance No. 11-23. An Ordinance of the City Council of the City of Orange adding Chapter 5.53 to Title 5 of the Orange Municipal Code (Business Taxes and Regulations) establishing regulations for mobile vending vehicles on public and private property. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez A motion was made by Mayor pro tern Barrios, seconded by Councilmember Dumitru, to adopt Resolution No. 11483. A Resolution of the City Council of the City of Orange setting the amount of fees relating to mobile vendors and mobile vending vehicle permits. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: Gutierrez 9. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 p.m. The next Regular City Council meeting will be held on Tuesday, July 25, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. 6atitaPAMELACOLEMANDANIEL R. SLATER CITY CLERK MAYOR Page 9 of 9