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09/24/2024 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 8, 2024 MINUTES City of Orange City Council September 24, 2024 The City Council of the City of Orange, California convened on Tuesday, September 24, 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 2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS None 3. RECESS TO CLOSED SESSION The City Council recessed to Closed Session at 5:03 p.m. with all Members present to discuss the following: a. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Ayoleone Amani Bufkin and Leslie Howard v. City of Orange et al. Orange County Superior Court Case No. 30-2024-01406584 4. CLOSED SESSION REPORT None 5. ADJOURNMENT Closed Session was adjourned at 5:15 p.m. Page 1 of 6 City Council Minutes September 24,2024 6:00 PM REGULAR SESSION 1. OPENING/CALL TO ORDER Mayor Slater called the meeting to order at 6:03 p.m. 1.1 INVOCATION Given by Pastor Danny Kurimay from Bridge Community Church. 1.2 PLEDGE OF ALLEGIANCE Led by Councilmember Denis Bilodeau. 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 None 2. PUBLIC COMMENTS Public Speaker: Curt Peterson encouraged the City to list anticipated priorities and expenditures if Measure Z is approved by the voters. Written Public Comment Janice Brownfield emailed about the importance of adopting the Citywide Sustainability Plan received and filed by the City Council on May 14, 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. Approval of minutes of the City of Orange City Council Regular Meeting held on August 27, 2024. ACTION: Approved minutes as presented. Page 2 of 6 City Council Minutes September 24,2024 3.3. Agreement with Matrix Consulting Group, LTD for the preparation of a citywide Cost Allocation Plan and User Fee Study. Item 3.3 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez. Staff responded to Council's questions regarding the types of fees that would be evaluated and confirmed the PILOT (payment in lieu of taxes) program would be included in the study along with parking fees and fines. State law requires a separate analysis for development impact fees. Council requested staff provide the Council with information regarding an impact fee nexus study. ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro tern Barrios, to approve the agreement with Matrix Consulting Group, LTD in the amount of $58,500 for the preparation of a citywide Cost Allocation Plan and User Fee Study; 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 3.4. Agreement with Hinderliter, De Llamas and Associates for Sales and Use Tax Audit and Information Services. ACTION: Approved the agreement with Hinderliter, De Llamas and Associates for Sale and Use Tax Audit and Information Services; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5. Agreement with SoCal SCADA Solutions LLC for designing the Programmable Logics Controller (PLC) and implementing Supervisory Control and Data Acquisition (SCADA) system integration for Well 28. ACTION: Approved the agreement with SoCal SCADA Solutions LLC in the amount of 40,980 representing the original proposed fee plus a 10% contingency of $4,098 for Well 28 PLC's design and SCADA system integration services; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6. Resolution establishing a crossing guard program and agreement with All City Management Services, Inc. for Crossing Guard Services. Resolution No. 11579. ACTION: 1) Adopted Resolution No. 11579. A Resolution of the City Council of the City of Orange establishing a policy on the provision of crossing guard services; 2) Approved the agreement with All City Management Services, Inc. in the total amount of 415,768, representing the cost of crossing guard services of $377,971, plus a 10% contingency of $37,797; and authorize the Mayor and City Clerk to execute on behalf of the City; and 3) Authorized the one-time appropriation of $162,768 from the Traffic Safety Fund (350) unreserved fund balance to: 350.4041.51670.00000 Contractual Services. Page 3 of 6 City Council Minutes September 24,2024 3.7. Notice of Completion and Acceptance for Annual Pavement Maintenance at Various Locations Fiscal Year 2022-2023 Project; Bid No. 22-23.27 (SP-4228). ACTION: 1) Accepted Annual Pavement Maintenance at Various Locations Fiscal Year 2022-2023 Project as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder's Office. 3.8. Notice of Completion and Acceptance for the facility repairs, maintenance, and abatement at City Hall's Public Works and Community Development Building SP-4286). ACTION: 1) Accepted facility repairs, maintenance, and abatement (Sourcewell EZIQC Contract No CA-R8-GB01-123021-HCC SP-4286) 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 Annual Pavement Maintenance at Various Locations Fiscal Year 2023-2024 Project; Bid No. 23-24.28 (SP-4261). ACTION: 1) Accepted Annual Pavement Maintenance at Various Locations Fiscal Year 2023-2024 Project as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder's Office. 3.10. Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation Project; Bid No. 23-24.26 (SP-4264). ACTION: 1) Accepted Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation Project as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder's Office. 3.11. Authorize the reinstatement of full janitorial services for City facilities. Item 3.11 was removed from the Consent Calendar for separate consideration by Councilmember Bilodeau. Public Speaker: Reggie Mundekis spoke in support of reinstating janitorial services to keep members of the public and employees safe. In response to Council's questions, staff indicated the reduction in services impacts the public as well as employees as it includes all City facilities such as the three libraries, City Hall, Police Headquarters, and Fire Headquarters. Council discussed continuing the item until the next meeting, and requested an itemized list of services. ACTION: A motion was made by Mayor pro tern Barrios, seconded by Councilmember Gyllenhammer, to continue Item 3.11 to the next Regular City Council meeting. The motion carried by the following vote: Ayes: Barrios, Tavoularis, Gutierrez, Gyllenhammer, and Slater Noes: Dumitru, and Bilodeau Absent: None Page 4 of 6 City Council Minutes September 24,2024 3.12. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code regarding homeless shelter regulations. Ordinance No. 25-24. ACTION: Adopted Ordinance No. 25-24. 3.13. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to allow the sale of building materials and landscape supplies in a Sand and Gravel Zone in conjunction with a commercial nursery subject to a conditional use permit. Ordinance No. 26-24. ACTION: Adopted Ordinance No. 26-24. 3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Development Agreement No. 0010-24 by and between the City of Orange and OC Reclamation, LLC a California Limited Liability Company. Ordinance No. 27-24. ACTION: Adopted Ordinance No. 27-24. 3.15. Authorize an increase to a purchase order with Ferguson Water Works for the purchase of piping, brass fittings, and fire hydrants for the water distribution system. ACTION: Approved an increase to a purchase order with Ferguson Water Works in the amount of $125,000 for miscellaneous repairs parts and materials for Fiscal Year 2024-25. Approval of the Consent Calendar Items 3.3 and 3.11 were removed from the Consent Calendar and heard separately. All other items were approved as recommended. A motion was made by Councilmember Gutierrez, seconded by Councilmember Tavoularis, to approve the Consent Agenda. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SLATER Mayor Slater reported that Supervisor Sarmiento, Orange County Board of Supervisors Second District, is contributing $76,451 to help fund the school crossing guards; and Chairman Wagner, Orange County Board of Supervisors, is contributing $47,248. He also reported that the annual Coastal Clean up day on Saturday, September 21 was a success with over 200 volunteers cleaning up the Santiago Creek. Lastly, he reported on the nine Orange County Fire Authority firefighters that were injured in a traffic accident on September 19. Page 5 of 6 City Council Minutes September 24,2024 5. REPORTS FROM COUNCILMEMBERS Councilmember Dumitru requested an update on the PILOT program MOUs. 6. AB 1234 REPORTS Councilmember Bilodeau reported he traveled to Washington D.C. to provide Congressman Correa and Congresswoman Kim updates on the PFAS water treatment systems. 7. REPORTS FROM CITY MANAGER None 8. ADMINISTRATIVE REPORTS 8.1. Fiscal Year 2025-2030 Citywide Strategic Plan. Mayor Slater announced the item was removed from the agenda by staff. No action was taken. 9. LEGAL AFFAIRS 9.1. Introduction and First Reading of Ordinance 24-24 to repeal and replace Chapter 12.48 of the Orange Municipal Code (Park Regulations). (Continued from August 27, 2024) Public Speaker: Reggie Mundekis spoke in support of approving the Ordinance. A motion was made by Councilmember Gyllenhammer, seconded by Mayor pro tem Barrios, to introduce and conduct First Reading of Ordinance No. 24-24. An Ordinance of the City Council of the City of Orange repealing and replacing Chapter 12.48 of the Orange Municipal Code pertaining to parks. The motion carried by the following vote: Ayes: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater Noes: None Absent: None 10. ADJOURNMENT There being no further business, the meeting was adjourned at 6:40 p.m. The next Regular City Council meeting will be held on Tuesday, October 8, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. PAMELA COLEMAN DANIEL R. SLATER CITY CLERK MAYOR Page 6 of 6