PLACENTIA CITY COUNCIL
PLACENTIA CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
PLACENTIA REDEVELOPMENT AGENCY
PLACENTIA INDUSTRIAL COMMERCIAL DEVELOPMENT AUTHORITY
PLACENTIA PUBLIC FINANCING AUTHORITY
REGULAR MEETING MINUTES
October 18, 2O22
5:30 p.m. - City Council Chambers
4O1 E. Chapman Avenue, Placentia, CA
SPECIAL PROCEDURES NOTICE
On March 4, 2020, pursuant to California Government Code Section 8625, Governor Newsom declared a State of Emergency as a result of the threat of the COVID-19 virus.
On September 17, 2021, Governor Newsom signed AB 361, which went into immediate effect as urgency legislation. AB 361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes specified findings. As of February 9, 2022 it was reported that the COVID-19 pandemic had killed more than 81,811 Californians. Social distancing measures decrease the chance of the spread of COVID-19.
Given the health risks associated with COVID-19, please be advised that while the City Council Chambers are open to the public, some or all of the Placentia City Council Members may attend this meeting via teleconference. Those locations are not listed on the agenda and are not accessible to the public.
How to Observe the Meeting
To maximize public safety while maintaining transparency and public access, in addition to being open to the public, all City Council meetings are available to view live on AT&T U -verse (Channel 99), Spectrum (Channel 3), and online at www.placentia.org/pctv .
How to Submit Public Comment
Members of the public may provide public comment in person or comments may be sent for City Council consideration by email to the City Clerk at cityclerk©r lacentia.orc. Please limit submitted comments to 200 words or less. Comments received before or during a Council meeting, until the close of the Oral Communications portion of the agenda, may not be read during the City Council meeting but will be summarized in the public record and are subject to the regular time limitations per speaker. Longer submittals will be included in the public record. If you are unable to provide your comments in writing, please contact the City Clerk's Office for assistance at (714) 993-8231.
Americans with Disabilities Act Accommodation
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at [email protected] or by calling (714) 993- 8231. Notification 48 hours prior to the meeting will generally enable City Staff to make reasonable arrangements to ensure accessibility while maintaining public safety. (28 CFR 35.102.35.104 ADA Title II)
Until further notice the City will implement the guidelines of the California Department of Public Health regarding social distancing.
The City of Placentia thanks you in advance for taking all precautions to prevent the spread of the COVID- 19 virus.
CALL TO ORDER: Mayor Shader called the meeting to order at 5:00 p.m.
ROLL CALL:
PRESENT: Councilmember/Board Member Green, Smith, Wanke, Shader PRESENT VIA TELECONFERENCE: Yamaguchi
ABSENT: None
Placentia City Council/Successor Agency/ICDA/PPFA Minutes, October 18, 2022 Page 1 of 9
ORAL COMMUNICATIONS:
Mayor Shader opened Oral Communications for the Closed Session. City Clerk McKinnell stated that the City Clerk's Office had received no public comment for the Closed Session.
The City Council and Boards of Directors recessed to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings on the following:
1. Pursuant to Government Code Section 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Dennis Lynn Blake, Trustee of the Blake Family Trust vs City of Placentia, et al., Case No. 30-2022-01270422-CU-EI-CXC
2. Pursuant to Government Code Section 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Richard Pascarella vs City of Placentia, Case No. ADJ13906507
3. Pursuant to Government Code Section 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation
Claimant: George and Teri Lyles, Claim No. 2009250
4. Pursuant to Government Code Section 54956.9(d)(2)
CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation
Significant Exposure to Litigation (1 Case)
RECESS: The City Council and Boards of Directors recessed to their 7:00 p.m. Regular Meeting.
CALL TO ORDER: Mayor Shader called the meeting to order at 7:00 p.m.
ROLL CALL:
PRESENT: Councilmember/Board Member Green, Smith, Wanke, Shader PRESENT VIA TELECONFERENCE: Yamaguchi
ABSENT: None
STAFF PRESENT:
City Attorney/Authority Counsel Christian Bettenhausen; City Administrator Damien Arrula; Deputy City Administrator Rosanna Ramirez; Deputy City Administrator Luis Estevez; Police Chief Brad Butts; Fire Department Battalion Chief Jason Dobine; Director of Finance Jennifer Lampman; Director of Community Services Karen Crocker; Director of Development Services Joe Lambert; City Treasurer Kevin Larson; City Clerk Robert McKinnell; Deputy City Clerk Carole M. Wayman INVOCATION: Chaplain Sterling Bennett
PLEDGE OF ALLEGIANCE: Officer Selena Lemus
PRESENTATIONS:
a. Proclamation of October 29, 2022 as the 99th Anniversary of the Republic of Turkey Presenter: Mayor Shader
Recipient: Turgut Cakiraga
Turgut Cakiraga thanked the City Council on behalf of all Turkish Americans for recognizing "The 99th Anniversary of the Republic of Turkey".
b. Proclamation Placentia Clean and Kind Award
Presenter: Mayor Shader
Recipient: Alice Shiozawa
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Mayor Shader presented a Clean and Kind award to Alice Shiozawa in recognition of her community service as President on the Placentia Rotary Club, volunteer for trash clean up days, and her many volunteer efforts throughout the community. She thanked Ms. Shiozawa for her generosity and for making Placentia a better place.
CLOSED SESSION REPORT:
City Attorney/Authority Counsel Bettenhausen stated that there were four (4) items on the Closed Session agenda, the City Council discussed each of those items, and direction was provided to Staff. He noted that there was nothing further to report. He announced that there is one additional urgent item that the City Administrator would like to add to agenda that came to the attention of the City after the posting of the agenda and cannot wait until the next City Council meeting. He noted that a four fifths (4/5) vote is needed to add the item to the agenda.
City Administrator Arrula explained that the emergency item is regarding the transition of the annual Tamale Festival to a City operated event. The Santa Fe Merchants Association has indicated that they are unable to host this event this year. A staff report and the related Resolution has been provided for Council's consideration on the iLegislate app and is available in print in the Council Chambers. If the emergency item is added to the agenda, it should be added under the regular portion of the agenda and a presentation will be presented by Staff. A four fifths (4/5) vote is needed to add the item to the agenda.
Mayor Shader made a motion to add the emergency item to the agenda, Councilmember Green seconded the motion. The motion failed for a lack of a four fifths (4/5) vote, Wanke and Yamaguchi voted no.
c. Presentation of Measure U Annual Report
Presenter: Citizens' Oversight Committee Vice Chair Glenn Casterline Citizens' Oversight Committee Vice Chair Glenn Casterline gave a brief presentation on the Measure U Annual Report highlighting the revenues and allocations of funds to infrastructure projects, unfunded retirement and OPEB liabilities, and employment recruitment and retention. In addition, the General Fund Contingency Reserves were also presented. The conclusion of the Oversight Committee is that all Measure U revenues received through June 30, 2022 have been properly accounted for and allocated to the appropriate uses. In addition, all expenditures have been properly authorized, expended, and reported in accordance with all applicable city procedures and practices.
Mayor Shader thanked Mr. Casterline and the Committee for serving and their excellent work.
Councilmembers Smith and Green thanked Mr. Casterline and the Committee for the good information and accounting of the funds.
Mayor Pro Tem Wanke noted that the members of the Committee have been doing this type of work since 2016 and commented on the history of the Citizen's Budget Committee that became the Oversight Committee.
CITY ADMINISTRATOR REPORT:
City Administrator Arrula introduced two (2) new City of Placentia employees and one (1) promotion.
Gabriella Kaling, Accounting Technician, was born and raised in Romania. She earned her bachelor's degree in engineering and worked for 15 years for the city of Pitesti water district. In 2001, she emigrated to the US with her husband and daughter and while learning English and settling into a new country.
Gabrielle comes to Placentia with almost 20 years of accounting experience most recently as an accounts payable administrator processing over 2500 invoices a month for a hospitality chain.
Alex Abbey, Digital Media Analyst, was born in Massachusetts and graduated from Ashland high school and after high school, Alex attended Emerson College and studied digital media production. Alex previously worked for the city of Corona in the Communications Division.
Teri Knutson was recently promoted to Management Analyst in the police department. Teri was born and raised in the south bay Area of Southern California and graduated from West Torrance High School Placentia City Council/Successor Agency/ICDA/PPFA Minutes, October 18, 2022 Page 3 of 9
and in 1993, Teri tried out for the United States Olympic team in the sport of 10 -meter air pistol. Teri has worked for the city of Placentia for 15 years and is moving from the Finance Department where she was an Accounting Technician to the Police Department.
ORAL COMMUNICATIONS:
Supervisor Doug Chaffee welcomed Councilmember Smith back from his trip to Ukraine. He spoke about the projects that the County has collaborated with the City such as a mural in Atwood, the first enhanced infrastructure project in the State to revitalize the downtown area, and the Navigation center. He commended the City for their efforts and excellent oversight. Lastly, he expressed his support for a ground lease at Tri-City Park for the Senior Center and expressed appreciation to Chief Butts and Lieutenant Anderson for their efforts and support of the Gun Buy Back Program. He added that the County is providing the gift cards for the Gun Buy Back Program. Lastly, he commented that it is a pleasure to work with a City in which the Council works so well together.
Mayor Shader thanked Supervisor Chaffee for his support.
Rick Salerno commented on the excellent Measure U presentation. He expressed safety concerns about the trenching in the streets for the SiFi project noting that a child riding a bike could get stuck in a trench and suffer an injury. He requested that the City contact the contractor to repair the trenches.
Mayor Shader confirmed that Mr. Salerno provided his phone number and address so that Staff could follow up on his concern.
Walt Lynch of the Placentia Chamber of Commerce expressed their support and assistance for the upcoming Tamale Festival.
Jeff Buchanan commended City Administrator Arrula on the creation of the Citizen's Oversight Committee noting that he is pleased to see such great reserves and recommended increasing the percentage of reserves. He expressed support for hotel development in the City and expressed opposition to a zone change for 777 Orangethorpe Avenue emphasizing that it should remain zoned for retail sales or hotel use. He noted that he recently researched campaign statements for Councilmember Wanke and expressed concern about the use of campaign donations to support Council candidates in neighboring cities. He also stated that he disagrees with comments about the revolving door of City Staff.
City Clerk McKinnell read into the record one (1) electronic communication from Rosalina Davis, President of the Placita Santa Fe Merchants Association commenting on the difficult decision to not host the Tamale Festival, which they have hosted for three (3) decades. The comments expressed support of the City hosting the Tamale Festival event with advisory support from the Placita Santa Fe Merchants Association.
CITY COUNCIL/BOARD MEMBER COMMENTS:
Councilmember Yamaguchi thanked Supervisor Chaffee for attending the meeting and his continued support. He thanked Supervisor Chaffee for his participation in the Heritage parade and his efforts in moving the Senior Community Center project forward. He noted that he had recently conducted research on the nonprofit status of the Placita Santa Fe Merchants association and expressed concerns that they were not in compliance with the Secretary of State. He also expressed concerns about a lawsuit against the City involving Dennis Lynn Blake. Lastly, he announced that Planning Commissioner Dennis Lee is retiring and thanked him for his service on the Planning Commission.
Councilmember Smith thanked Supervisor Chaffee for his well wishes and comments regarding his trip to Ukraine. He announced that he recently attended the Open Mosque Day at the Islamic center in Yorba Linda noting that it was both pleasant and educational. He added that Mayor Pro Tem Wanke and a number of elected officials and County representatives were also in attendance. He promoted the Military Banner Recognition Program noting that the deadline for participation is October 21, 2023. The program honors and recognizes Placentia residents currently serving as active duty or honorably discharged veterans in the United States Armed Forces, branches of service including the Air Force, Army, Coast Guard, Marines, National Guard, Navy, and now the new branch Space Force. For more information, please visit www.placentia.org . He also promoted the upcoming Veterans Day Observance ceremony on November 11, 2023 in Civic Center Plaza.
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Councilmember Green announced that he attended the Heritage Day Parade and festivities, City Administrator Arrula's Brown Bag presentation, and a groundbreaking ceremony for a Veterans Village in the City of Norwalk. He also attended a Chamber of Commerce event honoring milestone and new members and distributed certificates, and the monthly Vector Control meeting. He noted that the City's Shred day event was a success and announced Mayor Pro Tem Wanke's recent election to the Board of Directors for the Independent Cities Association. He promoted the City of Placentia's 34th annual Veterans Day observance ceremony on Friday, November 11 at 10am. at Civic Center Plaza. The city is grateful for the many sacrifices made by the men and women who have served our country. In their honor. We invite all residents, veterans, and their families to celebrate this Veterans Day with us, special guest speakers, patriotic music, and the new military banner recognition program recipients will be included in that event in that program. In addition, the added service members to the Veterans Monument will be honored and their name inscriptions will be unveiled. For more information, please call 714-993-8211.
Mayor Pro Tem Wanke promoted the free compost giveaway hosted by Orange County waste and recycling. on Saturday, November 5 from 9am to 3pm. at the Olinda Alpha landfill. For more information, please visit OC landfills.com He announced his attendance at Open Mosque Day at the Islamic center in Yorba Linda noting that there were tours, food and a question -and -answer session. He also announced his attendance at the Board meetings for the Independent Cities Association and the Administration Committee for the Orange County Sanitation District. He also commented on the SiFi trenching noting that the trenches are deep and pose a safety hazard. He added that he has met with City Administrator Arrula and Deputy City Administrator Luis Estevez about the issue. He encouraged resident Jeff Buchanan to contact him about his concerns about his campaign contributions which are legal.
Mayor Shader commented on the success of the Heritage Parade and Festival, and thanked the Heritage committee volunteers, Community Services and Public Safety Officers for their efforts. She congratulated Mayor Pro Tem Wanke on his recent appointment to the Board of the independent Cities Association, noting that it is a wonderful organization to network and learn from other cities.
1. CONSENT CALENDAR (Items 1.a. through 1.i.):
Councilmember Smith pulled Item 1.f. for further discussion. Motion by Wanke, seconded by Green, and carried a (5-0) vote to approve the remainder of the Consent Calendar items, as recommended.
1.a.
1.b.
1.c.
Consideration to Waive Reading in FuII of all Ordinances and Resolutions Fiscal Impact: None
Recommended Action: Approve
(Approved 5-0, as recommended)
City Fiscal Year 2022-23 Register for October 18, 2022
Check Register
Fiscal Impact: $935,872.29
Electronic Disbursement Register
Fiscal Impact: $720, 306.15
Recommended Action: It is recommended that the City Council:
1) Receive and file
(Received and filed, as recommended)
Making the Legally Required Findings to Continue to Authorize the Conduct of Remote "Telephonic" Meetings During the State of Emergency Fiscal Impact: None
Recommended Action: It is recommended that the City Council:
1) Approve Resolution R-2022-65, a Resolution of the City Council of the City of Placentia, California, making the legally required findings to continue to authorize the conduct of remote "telephonic" meetings during the state of emergency. (Approved 5-0, as recommended)
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1.d.
1.e.
1.f.
Professional Services Agreement with Avenu Insight & Analytics, LLC for Revenue Auditing and Compliance
Fiscal Impact:
Expense: $30,000 Fiscal Year 2022-23 (102020-6099)
Recommended Action: It is recommended that the City Council:
1) Approve a Professional Services Agreement with Avenu Insights & Analytics, LLC for Utility Users Tax and Business License Revenue Auditing and Compliance Services for an initial term of three (3) years with the option for two additional one-year term extensions at the discretion of the City Council; and
2) Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
(Approved 5-0, as recommended)
Acceptance of Resignation from the Planning Commission
Fiscal Impact: None
Recommended Action: It is recommended that the City Council:
1) Accept the resignation of Dennis Lee from the Planning Commission; and 2) Update the City's master Commission/Committee vacancy list to include the vacancy on the Planning Commission.
(Approved 5-0, as recommended)
Approval of Lease Agreement with the County of Orange for the use of Tri-City Park for the Construction of a Proposed Senior/Community Center Facility Fiscal Impact: None
Recommended Action: It is recommended that the City Council:
1) Approve the Lease Agreement between the City of Placentia and the County of Orange for the use of Tri-City Park for the construction of a proposed Senior/Community Center facility; and
2) Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
(Approved 5-0, as recommended)
Councilmember Smith pulled Item 1.f. to thank Supervisor Chaffee for his longstanding support of the City and acknowledged the partnership with the County of Orange in approving the lease agreement for the use of Tri-City park for the Proposed Senior Center.
Motion by Smith, seconded by Green, and carried a (5-0) vote to approve Item 1.f., as recommended.
1.g.
Professional Services Agreement for Real Estate Advisory Services for Affordable Housing Development at Baker Street
Fiscal Impact: Affordable Housing In Lieu Fund: $36,691.70 (342534-6099)
Affordable Housing Impact Fee Fund: $26,308.30
L682534-6099)
Total Appropriations: $63,000.00
Recommended Action: It is recommended that the City Council:
1) Approve a Professional Services Agreement to Keyser Marston for Real Estate Advisory Services for Affordable Housing Development on Baker Street in the amount of $63,000; and
2) Reject all other proposals, and
3) Approve Resolution R-2022-67, a Resolution of the City Council of the City of Placentia, California, authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§ 1206 and 1209 pertaining to appropriations for actual expenditures, and
4) Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
(Approved 5-0, as recommended)
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1.h.
Professional Services Agreement for On -Call Architectural Design Services Fiscal Impact:
Expense: $750,000 Total Contract Not to Exceed Amounts
(Various CIP Projects)
Revenue: $750,000 Capital Improvement Program (CIP) Budget Recommended Action: It is recommended that the City Council:
1) Approve a Professional Services Agreement with Black O'Dowd and Associates, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
2) Approve a Professional Services Agreement with IDS Group, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and 3) Approve a Professional Services Agreement with Infrastructure Architects, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
4) Approve a Professional Services Agreement with Rania Alomar Architect, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000; and
5) Approve a Professional Services Agreement with SVA Architects, Inc., for professional consulting services to provide on -call architectural design services for a term of three (3) years with one (1) two-year term extension available based upon performance and at the discretion of the City, in an amount not -to -exceed $150,000, and 6) Authorize the City Administrator to approve any contract term extensions and amendments up to 10% of the cumulative contract not -to -exceed amount; and 7) Authorize the City Administrator to execute the above -mentioned Professional Services Agreements, in forms approved by the City Attorney.
(Approved 5-0, as recommended)
1.i. North Orange County Law Enforcement Partnership for Gun Buyback Program Fiscal Impact:
Expense: $300,000
Revenue: $300,000 Supervisor Doug Chaffee's Fourth District Discretionary Funding
Recommended Action: It is recommended that the City Council:
1) Receive and file the report on the City of Placentia's Gun Buyback Program to be conducted on Saturday, October 22, 2022, and
2) Approve Resolution No. R-2022-68, A Resolution of the City Council of the City of Placentia, California, authorizing a budget amendment in Fiscal Year 2022-2023 in compliance with City Charter of the City of Placentia 1206 and 1209 pertaining to appropriations for actual expenditures.
(Approved 5-0, as recommended)
2. PUBLIC HEARING: None
3. REGULAR AGENDA:
3.a. Amendment to the General Fund Reserve Policy No. 460 Fiscal Impact: None
Recommended Action: It is recommended that the City Council:
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Adopt Resolution No. R-2022-66, a Resolution of the City Council of the City of Placentia, California, approving and adopting amendments to the City of Placentia Policy and Procedure Manual, Reserve Policy.
(Approved 4-1, as recommended, Shader voted no)
City Administrator Arrula introduced Finance Director Lampman and members of the Oversight Committee who assisted in the updates to General Fund Reserve Policy 460.
Finance Director Lampman noted that the City Council directed the Oversight Committee to work with Staff on an update to Policy 460 and introduced Glenn Casterline to provide an overview of the recommendations.
Oversight Committee member Glenn Casterline presented the background of Policy 460 noting that the policy was adopted to create general fund reserves in the event there is a fiscal crisis or recession. He presented the recommended changes to the Policy. He highlighted the graph depicting reserve level goals noting that the goals have been exceeded each year since 2021, which is positive news. He noted that Measure U revenue was the first and most significant revenue source and discussed how Policy 460 intertwines with Measure U. He explained that following a few years of Measure U funds coming into the City, the Committee revisited Policy 460 and is proposing changes to the policy. He noted that a 4/5ths voted is needed to make amendments to the Policy.
Councilmember Yamaguchi thanked Mr. Casterline and the committee for their efforts. He commented that he prefers a more conservative approach and would rather put away more money, even when the goal is met, in case there is an economic downturn.
Councilmember Green stated that he is in support of the recommendations.
Mayor Pro Tem Wanke asked Mr. Casterline is there is a standard or baseline percentage that cities typically have for reserve fund balances.
Glenn Casterline responded that the GFOA recommends 17% which is the original percentage that was used in the first year. He added that because the City has good reserves, the City's credit rating has improved to double A which is noteworthy considering that it was double B just two years ago.
Discussion ensued about how the funds are earmarked for certain purposes and how the monies are kept in a separate fund and how they are reported on financial statements.
Mayor Pro Tem Wanke expressed concerns about reducing the infrastructure allocation by 10%, explaining that the voters had identified infrastructure as a major concern and supported Measure U because the funds would be primarily allocated to infrastructure.
Councilmember Green stated that another purpose of Measure U was to build reserves.
Glenn Casterline explained the reasons why the committee was recommending the reduction to the infrastructure allocation.
Mayor Shader commented on the goals of Measure U and expressed concerns about the large backlog of infrastructure and facility maintenance projects. She commented that reducing the infrastructure percentage may be premature and asked Staff for an update on the progress of reducing the infrastructure backlog.
Deputy City Administrator Estevez responded that a lot has been completed since the passage of Measure U but much more still needs to be done. He noted that at one point the backlog of paving was 30 million and it is now 10 million. He noted that there still exists a multi -million -dollar figure for facilities improvements. He added that a lot has been done but much more needs to be accomplished.
Discussion ensued about the progress of infrastructure and facilities improvements to date and what the timeline is for future projects.
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Councilmember Smith commented on the continual maintenance of the HVAC system at City Hall and the high cost for replacement of the system.
Motion by Green, seconded by Smith, and carried a (4-1 Shader voted no) vote to approve Item 3.a., as recommended.
Mayor Shader thanked the committee for their hard work and efforts.
CITY COUNCIL/BOARD MEMBERS REQUESTS:
Mayor Shader requested support for a Special City Council meeting to discuss the possibility of the City sponsoring the Tamale Festival. She noted that the date for the festival is quickly approaching, and discussion and direction is needed from the City Council.
Discussion ensued regarding the availability of Councilmembers for a Special meeting.
Motion by Shader, seconded by Smith, and carried a (4-1) vote to schedule a Special City Council Meeting on October 20, 2022 at 4:30 p.m.
ADJOURNMENT:
The City Council/Successor Agency/ICDA/PPFA Board of Directors adjourned at 8:45 p.m. to a Special City Council meeting on Thursday, October 20, 2022 at 4:30 p.m.
Rhonda Shader, Mayor/Agency Chair
ATTEST:
Robert S. McKinnell, City Clerk/
Agency Secretary
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