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Home My WebLink AboutORD 11-21 NOT INTRODUCED - CITY COUNCIL HEALTH AND WELFARE BENEFITSORDINANCE NO. 11-21 NOT` [NTRODUCED — A vote of the Council at the July 13, 2021 meeting did not result in consensus to introduce this ordinance. ORDINANCE NO. 11-21 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 WELFARE BENEFITS. WHEREAS, in November, 2011, the City Council adopted an ordinance eliminating health and welfare benefits, which applied prospectively to future Mayors and City Council members; and WHEREAS, most cities in Orange County offer health and welfare benefits to the City Council members, as part of a flexible benefits plan, equivalent to, and under the same conditions, as those received by the Executive Management employee group; and WHEREAS,the lack of health and welfare benefits offered to City Council members often dissuades interest or ability for citizens to serve as elected officials; and WHEREAS, Government Code Sections 53201 and 53208 provide the authority for the City Council to receive health and welfare benefits that are also available and paid by the City for its employees; and WHEREAS, Government Code Section 53207 permits a City Council member to waive any or all of the health and welfare benefits permitted by this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: The Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378,because it involves administrative activities of the City that will not result in direct or indirect physical changes in the environment. SECTION II: Title 2, of the Orange Municipal Code is hereby amended to add Chapter 2.09 entitled City Council Health and Welfare Benefits", which shall read as follows: Chapter 2.09 — CITY COUNCIL HEALTH AND WELFARE BENEFITS 2.09.010 - Authority. The authority for the City Council to receive health and welfare benefits is set forth in Government Code Sections 53201 and 53208. 2.09.020— Health and Welfare Benefits. Notwithstanding any other provision of Title 2 of the Orange Municipal Code, members of the City Council may receive health and welfare benefits equivalent to those received by the Executive Management employee group flexible benefits plan. 2.09.030 —Waiver. A City Council member may waive any or all health and welfare benefits provided under the flexible benefits plan permitted by this Chapter. SECTION III: To the extent required to implement the provisions of this Ordinance, City staff is directed to modify any Administrative Policies in conflict herewith and return to the City Council for any City Council approvals deemed necessary. SECTION IV: If any section, subdivision, paragaph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION V: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this day of 2021. Mark A. Murphy, Mayor, City of Orange ATTEST: 2 Pamela Coleman, City Clerk, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the day of 2021, and thereafter at the regular meeting of said City Council duly held on the_day of 2021 was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange 3 City Council Minutes July 13,2021 Councii also discussed reopening the Plaza Paseo after the Street Fair while staff compiles the requested information. A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to reopen the Piaza Paseo within a week after the Orange International Street Fair. After further discussion, Councilmember Monaco requested to amend his motion to reopen the Paseo three weeks after Street Fair, and to direct staff to prepare a report regarding standards, permit fees and options, and a proposed timeline for options relating to the Paseo for the August 10 City Council meeting. Mayor pro tem Nichols accepted the amendment. An amended motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichois, to reopen the Plaza Paseo on Saturday, September 24; and direct staff to provide Council with a report at the August 10 Council meeting outlining design standards, permit fees and options, and a proposed timeline. The motion carried by the following vote: Aves: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy Noes: None Absent: None RECESS: The City Council recessed at 10:09 p.m. and reconvened at 10:22 p.m. with all members present. 8. REPORTS FROM CITY MANAGER None 9. LEGAL AFFAIRS 9.1. Introduction and First Reading of three separate Ordinances relating to City Council reimbursement, City Council compensation, and health and welfare benefits for City Councilmembers. Council discussed the background of when City Councilmember reimbursement, compensation, and health and welfare benefits were eliminated in 2011. City Attorney Sheatz clarified that if proposed Ordinance No. 09-21 is approved for First Reading, staff will present Council with a reimbursement policy for their review and approval. In addition, if the ordinances are adopted, councilmembers can choose whether or not to receive compensation (10-21) or submit expenses for reimbursement(09-21). During further discussion, Mayor Murphy commented on timing of proposed ordinances. A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 09-21. The motion carried by the following vote: Aves: Nichols, Monaco, Dumitru, Gutierrez, and Tavoularis Noes: Barrios, and Murphy Absent: None Page 13 of 17 City Council Minutes July 13, 2021 Ordinance No. 09-21. An Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code adding Chapter 2.07, relating to City Council reimbursement for actual and necessary expenses incurred in the performance of their official duties. 9.1. Introduction and First Reading of three separate Ordinances relating to City Council reimbursement, City Council compensation, and health and welfare benefits for City Councilmembers. A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to Introduce and conduct First Reading of Ordinance No. 10-21. The motion carried by the following vote: Ayes: Monaco, Dumitru, Gutierrez, and Tavoularis Noes: Nichols, Barrios, and Murphy Absent: None Ordinance No. 10-21. An Ordinance of the City Council of the City of Orange amending Title 2, Chapter 2.08 of the Orange Municipal Code relating to City Council compensation. 9.1. Introduction and First Reading of three separate Ordinances relating to City Council reimbursement, City Council compensation, and health and welfare benefits for City Councilmembers. A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to Introduce and conduct First Reading of Ordinance No. 11-21. The motion failed by the following vote: Aves: Monaco, Dumitru, and Tavoularis Noes: Nichols, Barrios, Gutierrez, and Murphy Absent: None Ordinance No. 11-21. 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 Health and Welfare Benefits for City Council Members. 10. PUBLIC HEARINGS 10.1. Public Hearing to consider Second Reading and adoption of an Ordinance adopting the 2021 Edition of the "Standard Specifications for Public Works Construction" (commonly referred to as the "Greenbook") by reference. Ordinance No. 07-21. Mayor Murphy opened the Public Hearing at 10:56 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 10:56 p.m. A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to adopt Ordinance No. 07-21. The motion carried by the following vote: Ayes: Nichols, Monaco, Barrios, Dumitru, Gutierrez, Tavoularis, and Murphy Noes: None Absent: None Page 14 of 17