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08/13/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 10, 2024 MINUTES City of Orange City Council August 13, 2024 The City Council of the City of Orange, California convened on Tuesday, August 13, 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 5:02 p.m. 1.1 ROLL CALL Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Absent: None Councilmember Bilodeau joined Closed Session at 5:05 p.m. Councilmember Tavoularis joined Closed Session at 5:15 p.m. 2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS None 3. RECESS TO CLOSED SESSION The City Council recessed to Closed Session at 5:04 p.m. with all Members present, except Councilmember Bilodeau who joined Closed Session at 5:05 p.m. and Councilmember Tavoularis who joined Closed Session at 5:15 p.m., to discuss the following: a. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6. City Negotiator: Tom Kisela, City Manager Employee Organization: Top Management b. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) & (d)(1) In Re: Aqueous Film-Forming Foams Products Liability Litigation United States District Court Case No. 2:18-mn-02873 c. 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) Page 1 of 8 City Council Minutes August 13,2024 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 Council reconvened in Closed Session at 7:58 p.m. with all Members present. 4. CLOSED SESSION REPORT Council authorized initiation of litigation pursuant to Government Code Section 54956.9(d)(4). 5. ADJOURNMENT Closed Session was adjourned at 8:57 p.m. 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:07 p.m. 1.1 INVOCATION Given by Elder Robb Schwartz from Ben David Messianic Jewish Congregation. 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 ANNOUNCEMENTS None 1.5 REPORT ON CLOSED SESSION ACTIONS City Attorney Vigliotta reported that Council authorized initiation of litigation pursuant to Government Code Section 54956.9(d)(4). 2. PUBLIC COMMENTS Written Public Comment Janice Brownfield submitted an email emphasizing the importance of recycling organic waste. Page 2 of 8 City Council Minutes August 13,2024 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 July 3, 9, 11, 18, 23, and 25, 2024. ACTION: Approved as presented. 3.3. Approval of minutes of the City of Orange City Council Special Meeting and Regular Meeting held on June 25, 2024; Special Meeting held on June 28, 2024; and Regular Meeting held on July 23, 2024. ACTION: Approved minutes as presented. 3.4. Land Lease Agreement and Memorandum of Lease with New Cingular Wireless PCS, LLC at El Modena Park. Item 3.4 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru. Councilmember Dumitru thanked staff and expressed his support for this revenue generating project. ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tern Barrios, to approve the Land Lease Agreement and Memorandum of Lease with New Cingular Wireless PCS, LLC; 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 3.5. Approval of plans and specifications for Steel Streetlight Pole Replacement; authorization to advertise for Bid No. 24-25.03 (SP-4271); and finding of CEQA exemption. ACTION: 1) Approved plans and specifications and authorized advertising for bids; and 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 (Class 2 - Replacement or Reconstruction). 3.6. Award of Contract to Mike Prlich and Sons, Inc. for Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project; Bid No. 23-24.38 D-182); and authorization for continued appropriation for the project. ACTION: 1) Approved the contract with Mike Prlich and Sons, Inc. in the total amount of $574,580, representing an original bid amount of $522,345, plus a 10% contingency Page 3 of 8 City Council Minutes August 13,2024 of $52,235, for Glassell Street & La Veta Avenue Water Quality Storm Drain Improvement Project; and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Authorized continuing appropriation from Fiscal Year 2023-24 to Fiscal Year 2024-25 in the Glassell Street & La Veta Ave. Storm Drain Improvement Project through: 220.5011.56340.30246 Sanitation Fund 179,000 550.5011.56340.30246 Reimbursable Capital Projects Fund $436,000 3.7. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1313-24 re-zoning Public School sites to the Public Institution Zoning Classification to establish consistency with the Public Facilities and Institutions General Plan Land Use Designation of the Public School Sites in accordance with State law. Ordinance No. 14-24. ACTION: Adopted Ordinance No. 14-24. 3.8. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1314-24 re-zoning public park sites to recreation open space to establish consistency with the Open Space and Open Space-Park General Plan Land Use designation of the park sites in accordance with State Law. Ordinance No. 15-24. ACTION: Adopted Ordinance No. 15-24. 3.9. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections in Titles 6, 7, and 8 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. 23-24. ACTION: Adopted Ordinance No. 23-24. 3.10. Grant of Easement to Southern California Edison at El Modena Park. ACTION: Approved Grant of Easement to Southern California Edison at El Modena Park; and authorized the Mayor to execute on behalf of the City. Approval of the Consent Calendar Item 3.4 was removed from the Consent Calendar and heard separately. All other items were approved as recommended. A motion was made by Councilmember Tavoularis, 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 Page 4 of 8 City Council Minutes August 13,2024 4. REPORTS FROM MAYOR SLATER 4.1. Designation of voting delegate and alternate(s) for the 2024 League of California Cities Annual Conference & Expo. A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to designate Councilmember Jon Dumitru as the voting delegate and Mayor pro tern Barrios as the alternate for the Friday, October 18, 2024, League of California Cities Annual Business Meeting. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 4.2. Homeless Outreach Subcommittee Final Report Mayor Slater sunset the Council Homeless Outreach Subcommittee and provided a final update. 5. REPORTS FROM COUNCILMEMBERS 5.1. Elimination of Council Compensation and Health Benefits (Gutierrez) During discussion, it was Council consensus that forgoing Council compensation should be an individual decision. Public Speakers: Reggie Mundekis spoke in support of Council compensation and opposes amending the ordinance. Leslie Manderscheid spoke in support of Council forgoing compensation. 5.2. Crossing Guards Program Discussion (Bilodeau) During discussion, Councilmember Bilodeau stated he would continue to advocate for adult crossing guards and requested to revisit this item in the future. With a majority of Council consenting, the crossing guards program will return for further discussion at the beginning of next year. 5.3. Historic Preservation Working Group (Barrios) Mayor pro tem Barrios reported she would like Council to consider creating a working group to address concerns previously expressed by Council regarding Design Review Committee, Mills Act, Historic Resources and Economic Development. City Attorney Vigliotta advised Council to be mindful of the Brown Act. If they create a working group/committee, it could be subject to Brown Act requirements. Public Speaker: Rob Boice OTPA, spoke in support of creating a working group. After further discussion, staff was directed to return with a draft MOU with an undetermined vendor to develop a historic preservation ordinance, re-vision the Design Review Committee, and provide Council with recommendations on the Mills Act program. Page 5 of 8 City Council Minutes August 13,2024 5.4. Payment in Lieu of Taxes (PILOT) Program Working Group (Barrios) Mayor pro tern Barrios briefly described PILOT and SILOT (services in lieu of taxes) programs and the benefits of developing these programs in the City of Orange. She will continue to research and explore these programs, and will return at a future meeting with a presentation for further discussion by Council. Written Public Comments Jeff Lawrence submitted an eComment in support of establishing a PILOT program. Sara May, Regional Vice President, Hospital Association of Southern California, submitted an eComment in opposition of imposing any fees on hospitals. 5.5. Steiner Way and West Orange Park Update (Dumitru) Councilmember Dumitru reported that Justice Way was renamed Steiner Way; and thanked staff for organizing the renaming ceremony. He also reported that he and the Mayor attended a check presentation from Congressman Lou Correa's office for the new park in West Orange. 6. AB 1234 REPORTS None 7. REPORTS FROM CITY MANAGER None 8. PUBLIC HEARINGS 8.1. Public Hearing to consider Second Reading and adoption of an Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the Orange Municipal Code to Adopt the 2024 Edition of the "Standard Specifications for Public Work Construction." Ordinance No. 21-24. Mayor Slater opened the Public Hearing at 7:15 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 7:15 p.m. A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios, to adopt Ordinance No. 21-24. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 9. ADMINISTRATIVE REPORTS 9.1. Fiscal Year 2024-25 Proposed Budget Amendment No. 1. Finance Director Trang Nguyen and Assistant City Manager Susan Galvan provided the staff report and explained approving this budget amendment formalizes actions taken by Council at the June 25 meeting. Page 6 of 8 City Council Minutes August 13,2024 Public Speakers: Alejandro Silva spoke in support of library services and in opposition of any budget reductions. Sam White suggested installing electric vehicle chargers throughout the city to bring in additional revenue. Brandy Romero spoke in support of reinstating a scaled back version of the Treats in the Streets event. During deliberation, Council discussed timing and logistics of coordinating the Treats in the Streets event. Council also discussed taking each budget reduction item included in the staff report line by line. A motion was made by Mayor Slater to approve the elimination of the Tree Lighting Decorations totaling $16,000. The motion failed due to lack of a second. A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tern Barrios, to approve the recommended action except for retaining the Treats in the Streets event at a reduced cost of$45,000. During discussion, Councilmember Bilodeau expressed concerns with retaining Treats in the Streets and indicated the City should still try to identify a sponsor. After further discussion, Councilmember Gyllenhammer amended his motion to remove the Treats in the Streets line item from the recommended action and direct staff to return to Council at the next meeting with options for moving forward with the event. Mayor pro tern Barrios agreed to the amendment. An amended motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tern Barrios, to: 1) Approve the additional proposed budget reductions except for Treats in the Streets; 2) Approve the position changes for Fiscal Year 2024-25; and 3) Direct staff to return with a report at the next Council meeting with options for moving forward with the Treats in the Streets event. The motion carried by the following vote: Ayes: Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: Dumitru Absent: None Council recessed at 7:58 p.m. and reconvened in Closed Session at 8:00 p.m. with all Members present. Council reconvened in Open Session at 8:57 p.m. with nothing to report out. Page 7 of 8 City Council Minutes August 13,2024 10. ADJOURNMENT There being no further business, the meeting was adjourned at 8:58 p.m. The next Regular City Council meeting will be held on Tuesday, August 27, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. 04,111101,--_ PAMELA COLEMAN DANIEL R. SLATER CITY CLERK MAYOR Page 8 of 8