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05/14/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 11, 2024 MINUTES City of Orange City Council May 14, 2024 The City Council of the City of Orange, California convened on Tuesday, May 14, 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 5:01 p.m. 1.1 ROLL CALL 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 present to discuss the following: a. 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 None 5. ADJOURNMENT Closed Session was adjourned at 5:30 p.m. Page 1 of 12 City Council Minutes May 14,2024 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 Nathaniel Sevilla from Orange Seventh-day Adventist. 1.2 PLEDGE OF ALLEGIANCE Led by Mayor pro tem Arianna Barrios. 1.3 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Absent: None 1.4 PRESENTATIONS/ANNOUNCEMENTS El Modena High School Student Liaison Emma Hoffman provided Council a final school year update. Council presented her with a Certificate of Appreciation. Orange High School Student Liaison Nancy Albeno provided Council a final school year update. Council presented her with a Certificate of Appreciation. Proclamation Recognizing El Modena High School Cheer and Porn Teams as 2023-2024 Regional, State, and National Champions. Bomberos Queretaro Partnership with the City of Orange Presentation was removed from the agenda. Chamber of Commerce presented recipients with the May Parade Awards. 1.5 REPORT ON CLOSED SESSION ACTIONS None 2. PUBLIC COMMENTS Public Speakers: The following expressed concerns with a proposed family shelter opening in their neighborhood: Myron Martin and Arlene Padgett. The following expressed concerns with the Orange Heights development project: Barry Lee, Anjali Tapadia, and Shari. Doug Redding spoke in support of the CERT program. James Kushon commented on the Yorba Dog Park being rated as number one in the county. Page 2 of 12 City Council Minutes May 14,2024 ITEMS TO BE ADDED, REMOVED, RE-ORDERED ON AGENDA: With Council consensus, Mayor Slater announced Items 8.1, 8.2, and 8.7 would be re-ordered to be heard after the Consent Calendar. 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 April 4, 11, 18, and 25, 2024. ACTION: Approved as presented. 3.3. Approval of minutes of the City of Orange City Council Special Meeting held on April 16, 2024; and Regular Meeting held on April 23, 2024. ACTION: Approved minutes as presented. 3.4. Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2026. ACTION: Approved the two-year agreement with California Forensic Phlebotomy, Inc. in the amount of $140,000 for evidence collection services; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5. Agreement with Prado Family Shooting Range for range services through June 30, 2026. Item 3.5 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru. Staff responded to Council's questions about other shooting ranges in the area. ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to approve the two-year agreement with Prado Family Shooting Range in the amount of $34,000 for range services; 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, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.6. Award of Contract to Tess Electric, Inc. for Well 9 Electrical Improvements; and finding of CEQA exemption. ACTION: 1) Awarded contract to Tess Electric, Inc. in the amount of $62,019 representing an original bid amount of $56,381, plus a 10% contingency of $5,638 for Page 3 of 12 City Council Minutes May 14,2024 Well 9 Electrical Improvements; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities). 3.7. Award of Contract to Interior Demolition, Inc. for Old Fire Station Headquarters Demolition; Bid No. 23-24.30 (SP-4282). Item 3.7 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru and Councilmember Gyllenhammer. Council discussed rejecting all bids and advocated for re-bidding the project in a total package with one unified flow of work from initial concept through completion including parking management after construction. In addition, Council discussed hosting a public forum before the project went out to bid again. ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to reject all bids and develop a Request for Proposals for a total package including demolition, scraping, construction, and management of a parking structure if that is the direction Council provides to staff to include. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 3.8. Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project(Bid No. 23-24.18; SP-4269). ACTION: 1) Accepted the Community Development Block Grant Fiscal Year 2023-2024 Americans with Disabilities Act Wheelchair Access Ramp Replacement Project as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder's Office. 3.9. Notice of Completion and Acceptance for Lomita Neighborhood Street Improvement Project(Bid No. 23-24.04; SP-4220). ACTION: 1) Accepted Lomita Neighborhood Street Improvement Project as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder's Office. 3.10. Second Reading and adoption of 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. Ordinance No. 07-24. ACTION: Adopted Ordinance No. 07-24. 3.11. Authorize purchase of Winchester law enforcement ammunition from Dooley Enterprises, Inc. as a sole source vendor. ACTION: Approved the sole source purchase of ammunition from Dooley Enterprises, Inc. for$153,000. Page 4 of 12 City Council Minutes May 14,2024 3.12. Authorize purchase of audio-visual equipment from Western Audio Visual as a single source vendor. ACTION: Approved the purchase of audio-visual equipment from Western Audio Visual for a total amount of$42,749.58. 3.13. 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. Note: Councilmember Tavoularis registered a no vote. ACTION: Accepted the annual Military Equipment Report, review, and affirmed Ordinance No. 03-22, implemented policy revision recommendations, and adopted the newly revised policy in accordance with Government Code § 7071. 3.14. Authorization to apply for a grant under the Orange County Transportation Authority's Measure M2 Environmental Cleanup Tier 1 Program. Resolution No. 11547. ACTION: Adopted Resolution No. 11547. A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the installation of a Hydrodynamic Separator and Connector Pipe Screens. 3.15. Approval of the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by The Road Repair and Accountability Act of 2017 (Senate Bill 1) and appropriate Road Maintenance and Rehabilitation Account funding. Resolution No. 11548. ACTION: Adopted Resolution No. 11548. A Resolution of the City Council of the City of Orange approving the Fiscal Year 2024-2025 Pavement Management Program budget to incorporate a list of eight streets to be funded by Senate Bill 1: The Road Repair Accountability Act of 2017 and Appropriate Road Maintenance and Rehabilitation Account (RMRA) Funding. Approval of the Consent Calendar Items 3.5 and 3.7 were removed from the Consent Calendar and heard separately. Councilmember Tavoularis registered a no vote on Item 3.13. All other items were approved as recommended. A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios, to approve the Consent Calendar as recommended. The motion carried by the following vote: Ayes: Noes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater None Absent: None END OF CONSENT CALENDAR Page 5 of 12 City Council Minutes May 14,2024 8. ADMINISTRATIVE REPORTS Items 8.1, 8.7, and 8.2 were re-ordered to be heard after Consent Calendar.) 8.1. Receive and file the Citywide Sustainability Plan developed in collaboration with Chapman University's Environmental Science and Policy Division and the community established Orange Sustainability Group. Assistant to the City Manager Jack Morgan introduced the item. Chapman University Environmental Science and Policy students presented the completed sustainability plan. Public Speakers: The following spoke in support: Jake Corner, Lexi Hernandez, and Ariane Jong-Levinger. Written Public Comment Janice Brownfield emailed in support. Report was received and filed. RECESS: The City Council recessed at 7:28 p.m. and reconvened at 7:41 p.m. with all Members present. 8.7. Fiscal Year 2024-2025 General Fund Budget Balancing Proposal. During discussion, Council emphasized proposed budget reductions they would not support. RECESS: The City Council recessed at 8:07 p.m. and reconvened at 8:15 p.m. with all Members present. Council continued discussing higher costs, stagnant revenue, deferred maintenance, subsidized fees, Mills Act program, vacancy rates, a hiring freeze, introducing a public safety impact fee, and creating a tourist improvement district. Public Speakers: TJ Lockwood, City of Orange Police Association Vice President, encouraged the City to find ways to increase revenue instead of reducing public safety budget. Miguel Gonzalez, Orange City Firefighters President, spoke in opposition of reducing public safety. Robert Boice spoke in opposition of a Mills Act moratorium. Lisa Ackerman Baldwin spoke in support of a sales tax ballot measure. Reggie Mundekis spoke in support of a sales tax and TOT ballot measure. Tim Smith spoke in opposition of reducing public safety and in support of a sales tax ballot measure. Mark Wallace spoke in opposition of eliminating the Mills Act program. Peter Schumacher spoke in opposition of reducing public safety and non-safety personnel. Page 6 of 12 City Council Minutes May 14,2024 Eugene Fields spoke in opposition of reducing public safety and in support of a sales tax ballot measure. David Bustamante spoke in support of reasonable cuts to the library budget. Diana Zdenck spoke in opposition of eliminating the Mills Act program and reducing public safety, and spoke in support of a sales tax ballot measure. Chuck Walstead spoke in support of public safety personnel. Michael Short spoke in opposition of reductions to community programs. Theodor Albert spoke in opposition of eliminating the Mills Act program and spoke in support of a sales tax ballot measure. Brandy Romero spoke in opposition of reducing public safety and in support of a sales tax ballot measure. Leslie Manderscheid spoke in opposition of budget cuts and in support of a TOT ballot measure. Terri Sargeant spoke in opposition of eliminating the Mills Act program and reductions to community programs and spoke in support of a sales tax ballot measure. Patty Cabada spoke in support of conducting a forensic audit. Susan Tillou, Short Term Rental Alliance, expressed concerns that it might not be the right time to expand Short Term Rental program. Peggy Calvert, Library Board of Trustees, spoke in opposition of closing any libraries. Kelly Laule spoke in opposition of eliminating the Mills Act program. Devan Hewitt spoke in opposition of eliminating the Mills Act program. AJ Ricci spoke in support of implementing paid parking in Old Towne. James Kushon recommended consulting local business owners to form budget solutions. Kenyon Paar spoke in opposition of eliminating the Mills Act program and spoke in support of a sales tax ballot measure. Tony Trabucco spoke in opposition of eliminating the Mills Act program and spoke in support of a sales tax ballot measure. RECESS: The City Council recessed at 9:49 p.m. and reconvened at 10:05 p.m. with all Members present. Mayor pro tem Barrios made a motion to direct staff to return with information regarding different sales tax measure scenarios including potential sales tax rates at 1/2¢ and 1¢ with an option to end at 10 and 20 years as well as information on a community fiscal oversight committee, fiscal policies that could be implemented, and information regarding a potential TOT increase. After further discussion, Mayor pro tern Barrios amended her motion to add a 3/4¢ potential sales tax rate and a 15 year sunset and remove potential TOT increase. Staff was also directed to return with information regarding a specific sales tax versus a general sales tax. The Council Budget Ad-Hoc Committee will return to the next meeting with revised proposed reductions for Council to act on. Councilmember Bilodeau ceded his seat on the ad hoc committee to Mayor pro tern Barrios. Page 7 of 12 City Council Minutes May 14,2024 A motion was made by Mayor pro tern Barrios, seconded by Councilmember Tavoularis, to direct staff to return with information regarding a potential 1/2¢, 3/4¢, and 1¢ sales tax measure with an option to end in 10, 15, and 20 years; and to include information on a community fiscal oversight committee and new fiscal policies. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 8.2. Operating Agreement with The HUB OC for support services and use of the property located at 517 W. Struck for the HUB Resource Center. Council discussed continuing the item until the next regular meeting. Council requested The HUB's operating budget, an outline of The Hub's fundraising plan, and a memo from the Orange Police Department Heart Team about the point in time homeless count. A motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to continue Item 8.2 to the next Regular City Council meeting on May 28, 2024. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 4. REPORTS FROM MAYOR SLATER None 5. REPORTS FROM COUNCILMEMBERS 5.1. Highlight Local Business (Gutierrez) This item was postponed. 6. AB 1234 REPORTS Although not required, Councilmember Dumitru reported he attended SCAG's Annual Regional Conference and General Assembly Business Meeting at no cost to the City. 7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7.1. Appointment to the Community Development Block Grant Program Committee. A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tern Barrios, to appoint Pat Buttress to the Community Development Block Grant Program Committee to fill an unexpired term ending on June 30, 2025. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None Page 8 of 12 City Council Minutes May 14,2024 7.2. Resignation of Dave Simpson from the Planning Commission. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gutierrez, to accept the resignation of Planning Commissioner Dave Simpson; and direct the City Clerk to post a Notice of Vacancy, pursuant to the Maddy Act. The motion carried by the following vote: Ayes: Barrios, Tavoularis, Gutierrez, Gyllenhammer, and Slater Noes: Dumitru, and Bilodeau Absent: None 8. ADMINISTRATIVE REPORTS 8.1. Receive and file the Citywide Sustainability Plan developed in collaboration with Chapman University's Environmental Science and Policy Division and the community established Orange Sustainability Group. Item 8.1 was previously re-ordered to be heard after the Consent Calendar. 8.2. Operating Agreement with The HUB OC for support services and use of the property located at 517 W. Struck for the HUB Resource Center. Item 8.2 was previously re-ordered to be heard after the Consent Calendar. 8.3. Consideration of Resolutions pertaining to the November 5, 2024, General Municipal Election. A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to adopt Resolution No. 11545. A Resolution of the City Council of the City of Orange calling and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and for the submission to the voters a question relating to the adoption of a proposed ordinance amending Chapter 8.13 of the Orange Municipal Code to permit the sale, possession, and use of safe and sane fireworks in the City of Orange. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Barrios Absent: None A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer, to adopt Resolution No. 11544. A Resolution of the City Council of the City of Orange requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Elections Code Section 10403. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None Page 9 of 12 City Council Minutes May 14,2024 8.3. Consideration of Resolutions pertaining to the November 5, 2024, General Municipal Election. A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Gutierrez, to adopt Resolution No. 11543. A Resolution of the City Council of the City of Orange adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to adopt Resolution No. 11542 authorizing Mayor Slater, Councilmember Bilodeau, and Councilmember Dumitru to file written arguments In Favor or Against the Measure. A Resolution of the City Council of the City of Orange setting priorities for filing written arguments regarding a city measure pertaining to fireworks and directing the City Attorney to prepare an impartial analysis for the measure to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Barrios Absent: None A motion was made by Councilmember Dumitru, seconded by Councilmember Bilodeau, to adopt Resolution No. 11546. A Resolution of the City Council of the City of Orange providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. The motion carried by the following vote: Ayes: Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Barrios Absent: None 8.4. First Amendment to Cooperative Agreement with City of Anaheim for funding, design and construction of the Orangewood Avenue Bridge Widening over the Santa Ana River and a new City of Orange water transmission main along Orangewood Avenue. A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to: 1) Authorize the appropriation of $600,000 from the Water (600) unreserved fund balance to: 600.8041.56451.18400 Pipeline Renewal Project 2) Approve the First Amendment with the City of Anaheim in the amount of $3,096,673 for construction of the 16" water main on Orangewood Avenue from State College Blvd. to Eckhoff Street; 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, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None Page 10 of 12 City Council Minutes May 14,2024 8.5. Annual Comprehensive Financial Report and Related Financial Reports for the Fiscal Year ended June 30, 2023. A motion was made by Mayor pro tern Barrios, seconded by Councilmember Bilodeau, to receive and file the following documents for the fiscal year ended June 30, 2023: 1. Annual Comprehensive Financial Report 2. Audit Communication Letter 3. Independent Accountants' Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets 4. Independent Accountants' Report on Agreed-Upon Procedures Applied to the Investment Portfolio 5. Air Pollution Reduction Fund Financial Statements and Independent Auditors' Report 6. Independent Auditors' Report on Internal Control Over Financial Reporting 7. Housing Successor Fund Financial Statements 8. Single Audit of Federally Assisted Grant Programs The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 8.6. 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 23, 2024) Public Speaker: Shirley Grindle spoke in opposition of adopting the ordinances. Council discussed taking separate votes for each ordinance as some Councilmembers do not support the transfer of contributions from committee to committee. A motion was made by Councilmember Dumitru, seconded by Mayor pro tern Barrios, to introduce and conduct First Reading of Ordinance No. 08-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.050 of the Orange Municipal Code to increase campaign contribution limits. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Bilodeau, Gyllenhammer, and Slater Noes: Gutierrez Absent: None A motion was made by Councilmember Dumitru, seconded by Councilmember Bilodeau, to introduce and conduct First Reading of Ordinance No. 09-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.090 of the Orange Municipal Code removing prohibition on transfer of contributions from candidate controlled committees to city candidate committees and committee controlled by City candidate or elected officer making a contribution to another committee supporting or opposing a City candidate for office. The motion carried by the following vote: Page 11 of 12 City Council Minutes May 14,2024 Ayes: Dumitru, Tavoularis, Bilodeau, and Gyllenhammer Noes: Barrios, Gutierrez, and Slater Absent: None 8.7. Fiscal Year 2024-2025 General Fund Budget Balancing Proposal. Item 8.7 was previously re-ordered to be heard after the Consent Calendar. 9. REPORTS FROM CITY MANAGER None 10. LEGAL AFFAIRS 10.1. Introduction and First Reading of Ordinance No. 11-24 relating to a Candidate Filing Fee. A motion was made by Mayor pro tem Barrios, seconded by Councilmember Tavoularis, to introduce and conduct First Reading of Ordinance No. 11-24. An Ordinance of the City Council of the City of Orange adding Chapter 2.13 to the Orange Municipal Code relating to a Candidate Filing Fee. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 11. ADJOURNMENT There being no further business, the meeting was adjourned at 12:21 a.m. The next Regular City Council meeting will be held on Tuesday, May 28, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. c?) 74u,,/ PAMELA COLEMAN DANIEL R. SLATER CITY CLERK MAYOR Page 12 of 12