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Council Minutes 11/09/16APPROVED BY THE CITY COUNCIL ON DECEMBER 13, 2016 CITY COUNCIL ORANGE, CALIFORNIA SPECIAL MEETING MINUTES NOVEMBER 9, 2016 The City Council of the City of Orange, California convened on November 9, 2016, at 6:03 p.m. in a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 6:00 P.M. SESSION 1. OPENING This Special Meeting of the Orange City Council was called to order by Mayor Smith at 6:03 p.m. 1.1 INVOCATION Given by Msgr. Doug Cook from Holy Family Cathedral Catholic Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Boy Scout Troop 850. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilmember Whitaker announced that the Community Foundation of Orange Field of Valor is open through 4:00 p.m. on Veterans Day at Handy Park. Councilmember Alvarez announced the Veterans Day Tribute on November 11, 2016, at the Veterans Memorial at Depot Park Mayor Smith announced the City's annual Tree Lighting Ceremony and Candlelight Choir Procession on Sunday, December 4, 2016, at 3:30 p.m. with the tree lighting and musical program starting at 5:15 p.m. Mayor Smith introduced students in attendance from Chapman University. CITY COUNCIL MINUTES NOVEMBER 9, 2016 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) Presentation by the Sons of Italy to the Orange Public Library Introduction of the contestants for the 2016 Miss Orange pageant Presentation of a Proclamation for Pancreatic Cancer Month 2. PUBLIC COMMENTS Annabell Liao, Chapman University Student Government Association President — invited the community to the Student & Neighbor Get Together on November 12 from 11:00 a.m. to 1:00 P.M. Heidi Zimmerman — spoke regarding assisting the homeless in the riverbed. Lou Noble — spoke regarding assisting the homeless in the riverbed. Ruth Hull — spoke regarding assisting the homeless in the riverbed. 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 Confirmation of warrant registers dated October 6, 13, 20, and 27, 2016. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 11, 2016. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Monthly Treasurer's Reports for July, August, and September 2016. (C2500.F) ACTION: Received and filed. 3.5 Investment Oversight Committee Report for the period ending October 30, 2016. (OR1800.0.27.16) ACTION: Received and filed. PAGE 2 CITY COUNCIL MINUTES NOVEMBER 9, 2016 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.6 First Amendment to Consultant Services Agreement No. 6331 with Raftelis Financial Consultants in the amount of $18,705.00 for additional services preparing the Water Rate Study, and Amendment Number 2 to Consultant Services Agreement No. 6249 with Raftelis in the amount of $9,220.00 for additional services preparing the Sanitation Rate Study. (A2100.0; AGR- 6249.2) ACTION: 1) Approved First Amendment to Agreement No. 6331 in the amount of $18,705 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City; 2) Approved Amendment Number 2 to Agreement No. 6249 in the amount of $9,220 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City; and 3) Authorized the City Manager to approve up to twenty percent (20 %) in contingencies for each contract agreement if additional studies are necessary. 3.7 Lease Agreement between the City of Orange and Southern Counties Oil Co. (SC Fuels) providing the use of a portion of a City water well site for SC Fuels' employee parking. (A2100.0; AGR -6407) NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with employment. ACTION: Approved the Lease Agreement with SC Fuels; and authorized the Mayor to execute and the City Clerk to attest to the Lease Agreement with SC Fuels. 3.8 Mills Act Contract No. MAC 249.0 -16 (Historic Property Preservation Agreement) 204 West Chapman Avenue. (A2100.0; AGR -6408) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.9 Mills Act Contract No. MAC 250.0 -16 (Historic Property Preservation Agreement) 224 South Olive Street. (A2100.0; AGR -6409) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.10 Mills Act Contract No. MAC 251.0 -16 (Historic Property Preservation Agreement) 204 South Grand Street. (A2100.0; AGR -6410) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. PAGE 3 CITY COUNCIL MINUTES NOVEMBER 9, 2016 3. CONSENT CALENDAR (Continued) 3.11 Mills Act Contract No. MAC 252.0 -16 (Historic Property Preservation Agreement) 172 North Pine Street. (A2100.0; AGR -6411) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.12 Mills Act Contract No. MAC 253.0 -16 (Historic Property Preservation Agreement) 221 East Palmyra Avenue. (A2100.0; AGR -6412) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.13 Mills Act Contract No. MAC 254.0 -16 (Historic Property Preservation Agreement) 140 North Cleveland Street. (A2100.0; AGR -6413) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.14 Mills Act Contract No. MAC 255.0 -16 (Historic Property Preservation Agreement) 264 North Harwood Street. (A2100.0; AGR -6414) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.15 Mills Act Contract No. MAC 256.0 -16 (Historic Property Preservation Agreement) 262 North Cambridge Street. (A2100.0; AGR -6415) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.16 Mills Act Contract No. MAC 257.0 -16 (Historic Property Preservation Agreement) 306 North Shaffer Street. (A2100.0; AGR -6416) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. PAGE 4 CITY COUNCIL MINUTES NOVEMBER 9, 2016 3. CONSENT CALENDAR (Continued) 3.17 Mills Act Contract No. MAC 258.0 -16 (Historic Property Preservation Agreement) 368 South Shaffer Street. (A2100.0; AGR -6417) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.18 Mills Act Contract No. MAC 259.0 -16 (Historic Property Preservation Agreement) 222 North Grand Street. (A2100.0; AGR -6418) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. 3.19 Mills Act Contract No. MAC 260.0 -16 (Historic Property Preservation Agreement) 329 South Grand Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and the property owner for the preservation and rehabilitation of a qualified historic property. (A2100.0; AGR -6419) APPROPRIATIONS 3.20 Number not used. 3.21 Request to accept and appropriate into the City's revenue budget a $41,000 grant from California Library Literacy Services (CLLS) for FY2016 -2017 (FY17). (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $41,000 grant from CLLS into revenue account 100.2001.45150.30092, CLLS Grant; and 2) Authorized the appropriation of $41,000 into expenditure account 100.2001.53001.30092, Materials & Supplies -CLLS Grant 2017. BIDS 3.22 Bid No. 167 -16; Approval of plans and specifications, and authorization to advertise for bids for the Bridge Preventive Maintenance Project. (C2500.M) ACTION: 1) Approved Mitigated Negative Declaration (MND) No. ENV 1849 -16, including the associated Mitigation Monitoring and Reporting Program; and 2) Approved plans and specifications and authorized advertising for bids for the Bridge Preventive Maintenance Project. PAGE 5 CITY COUNCIL MINUTES NOVEMBER 9, 2016 3. CONSENT CALENDAR (Continued) 3.23 CLAIMS (C3200.0) The following claim(s) have been received and investigated by the City Attorney's Office and /or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Jessica Fogla b. Kathleen Caruana C. County of Orange d. Ashruf and Laurie Shenouda e. Carleen R. Navarro f. Eddie Licea g. Alliance United Insurance Company a/s /o Francisco Moreno ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.24 Award of Contract — Bid No. 167 -07; City Hall HVAC Roof Top Units Replacement Project. (A2100.0; AGR -6420) ACTION: Awarded the contract in the amount of $256,122 to NKS Mechanical Contracting Inc.; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.25 Final Contract Change Order for Agreement No. 6348, Bid No. 156 -33; Tustin Street and Vanowen Avenue Traffic Signal Modification (SP- 3927). (A2100.0; AGR -6348) ACTION: 1) Approved Final Contract Change Order in the amount of $31,044.60 to California Professional Engineering, Inc. for the extra work; 2) Authorized the appropriation of $5,000 from the Transportation System Improvement Program (284) unreserved fund balance to expenditure account 284.5032.56100.20244 Tustin/Vanowen Traffic Signal Modification; and 3) Authorized the increase in purchase order expenditures in the following account: 284.5032.56100.20244 Tustin/Vanowen Traffic Signal Modification $ 31,044.60 3.26 Final Acceptance of Bid No. 156 -33; Tustin Street and Vanowen Avenue Traffic Signal Modification performed by California Professional Engineering, Inc.; and authorize the Mayor and City Clerk to execute the Notice of Completion. (No staff report required.) ACTION: Accepted public works improvements, authorized release of Allied World Insurance Company of New Hampshire Bond No. S001 -3042 in the amount of $355,156 to the contractor on said job; and authorized the Mayor and the City Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL MINUTES NOVEMBER 9, 2016 3. CONSENT CALENDAR (Continued) 3.27 Final Acceptance of Bid No. 156 -34; SHAD Landscape Renovation / Turf Replacement at Trails End by KASA Construction, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (AGR 6338) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Accepted public work improvements, authorized release of retention funds, and authorized the Mayor and City Clerk to execute the Notice of Completion. GRANTS 3.28 Request to accept and appropriate a $2,599 grant from the Community Foundation of Orange (CFO) to the Orange Police Department - Community Emergency Response Team (CERT) program for the period of October 3, 2016, through October 2, 2017. (A2100.0; AGR -6427) ACTION: 1) Approved the Agreement between CFO and the City of Orange in an amount not to exceed $2,599; 2) Authorized the City Manager to execute the agreement on behalf of the City; 3) Accepted into the City's revenue budget a $2,599 grant from CFO, into revenue account number 100.4081.45495.30093, Homeland Security; and 4) Authorized the appropriation of $2,599 into expenditure account number 100.4081.55131.30093 Homeland Security — Equipment. PLAN APPROVAL 3.29 Approval of plans and specifications, and authorize right -of -way acquisition for the Tustin/Meats Intersection Right Turn Lane Project. (N1200.0) ACTION: 1) Adopted Mitigated Negative Declaration No. ENV 1850 -16 and the associated Mitigation Monitoring and Reporting Program; and 2) Approved plans and specifications and authorized right -of -way acquisition for the Tustin/Meats Intersection Right Turn Lane Improvements Project. PAGE 7 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) PURCHASES NOVEMBER 9, 2016 3.30 Purchase of fifteen Public Safety vehicles from Ford of Orange, Orange, CA, for the Orange Police Department (OPD) and the Orange City Fire Department (OFD); and one Public Safety vehicle from National Auto Fleet Group, Watsonville, CA, for the Orange City Fire Department. (C2500.M.7) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Authorized the purchase of a total of 15 vehicles from Ford of Orange, Orange, CA, for the OPD and the OFD in the amount of $479,149 as follows: 5 Ford Black & White Police Patrol Utility Vehicles; 4 Ford Taurus (3) and Police Detective Utility Vehicles (1); 1 Ford Gang Utility Unit Vehicle; 4 Ford Explorer (1) and Ford Escape (3) Compact Utility Vehicles; and 1 F -150 1 /2 Ton V8 Crew Cab Pickup Truck; and 2) Authorized the purchase of one Chevrolet Silverado 2500 HD Four Wheel Drive Crew Cab for the OFD from National Auto Fleet Group, Watsonville, CA, in the amount of $55,864. 3.31 Purchase of two firewalls for Civic Center and Police Department, through a Cooperative Agreement from Audio Visual Innovations, Inc. of Tampa, Florida. (C2500.J) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Re- appropriated $118,000 from account number 790.1601.56033.19640 to account number 790.1601.56033.20280; and 2) Authorized the purchase of two Palo Alto Networks PA -3050 firewalls, three -year threat prevention subscription, three -year filtering subscription and three -year premium support through a cooperative agreement from Audio Visual Innovations, Inc. of Tampa, Florida in the amount of $89,098.73. RESOLUTIONS 3.32 Reclassify a Fire Safety Specialist position in the Fire Department to a Plan Examiner position, Resolution No. 10982. (C2500.J.4.3) A Resolution of the City Council of the City of Orange Amending Resolution No. 10909 between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO, to include the new salary range for the Plan Examiner position effective January 1, 2017, as follows: Class Title Range Step A Step B Step C Step D Ste E Plan Examiner 591 6657 6990 7339 7706 8091 ACTION: 1) Approved the reclassification of a Fire Safety Specialist position to a Plan Examiner position in the Fire Department; and 2) Adopted Resolution No. 10982. PAGE 8 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) NOVEMBER 9, 2016 3.33 Memorandum of Understanding with the Orange Police Management Association, Resolution No. 10967. (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange Establishing a Memorandum of Understanding between the City of Orange and the City of Orange Police Management Association Effective July 1, 2015 to June 30, 2017. ACTION: Approved. 3.34 Measure M2 Expenditure Report, Resolution No. 10983. (C2500.J.) A Resolution of the City Council of the City of Orange Concerning the Fiscal Year Ended June 30, 2016, Measure M2 Expenditure Report for the City of Orange. ACTION: Approved. 3.35 Comprehensive Transportation Funding Projects, Resolution No. 10984. (T2200.0) A Resolution of the City Council of the City of Orange approving the submittal of transportation improvement projects to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M (M2) of the Comprehensive Transportation Funding Program. ACTION: 1) Approved Resolution No. 10984, and authorized the Mayor to execute on behalf of the City; and 2) Approved the submittal of two proposed transportation improvement projects to the Comprehensive Transportation Funding Program for Fiscal Years 2016/17 through 2017/18 as administered by OCTA. SURPLUS PROPERTY 3.36 Sale of surplus property at 210 N. McPherson Road to the East Orange County Water District. (A2100.0; AGR -6421) ACTION: 1) Approved the Agreement for the Purchase and Sale of Real Property between the City of Orange and the East Orange County Water District for the property at 210 N. McPherson Road for the amount of $520,000; and 2) Authorized the Mayor and City Clerk to execute escrow and related documents concerning the sale of property at 210 N. McPherson Road. Councilmember Whitaker recorded an abstention on Item 3.7. Councilmember Nichols recorded an abstention on Item 3.27. Mayor pro tern Murphy recorded an abstention on Items 3.30 and 3.31. All other items on the Consent Calendar were approved as recommended. MOTION — Alvarez SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols END OF CONSENT CALENDAR PAGE 9 CITY COUNCIL MINUTES NOVEMBER 9, 2016 4. REPORTS FROM MAYOR SMITH 4.1 Consider the removal of Craig Wheeler from the Design Review Committee and posting a Notice of Vacancy pursuant to the Maddy Act. Mayor Smith reported that Mr. Wheeler has served on the Design Review Committee for 14 years. She requested that a Proclamation be prepared and presented to Mr. Wheeler at the December meeting. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to remove Craig Wheeler from the Design Review Committee and direct the City Clerk to post the Notice of Vacancy. 4.2 Santiago Creek Vision Plan. Mayor Smith reported that the Santiago Creek Vision Plan is not an item for discussion but an item submitted for staff s review. Public Speakers John Moore, Greenway Alliance — submitted a draft of the Santiago Creek Vision Plan and described the goals of the plan including the ones that have already been accomplished. Pamela Galera, Greenway Alliance — spoke in support of the draft plan. Mayor Smith recommends submitting this plan to staff for review and to have on file. MOTION — Whitaker SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to submit the Santiago Creek Vision Plan to staff and keep it on file. 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None PAGE 10 CITY COUNCIL MINUTES NOVEMBER 9, 2016 7. ADMINISTRATIVE REPORTS 7.1 Mills Act Program. (C2300.I.2) City Manager Rick Otto introduced the item and Historic Planner Marissa Moshier gave a brief staff report and answered Council's questions regarding the current annual fee and proposed options. During discussion, Council agreed to leave the fee schedule as is. City Manager Otto stated that staff would bring this back to Council if future adjustments needed to be made. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to not make any adjustments to the fee schedule at this time. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 2016 Edition of the California Codes, Ordinance No. 09 -16 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code adopting and amending the 2016 Editions of the California Codes and Related Model Codes with Appendices relating to the Building Codes. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 09 -16 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PAGE 11 CITY COUNCIL MINUTES NOVEMBER 9, 2016 11. PUBLIC HEARINGS 11.1 Glassell Townhomes Project, 2830 Glassell St. (T4000.0) Consideration a Tentative Tract Map No. 0044 -16, Conditional Use Permit No. 2987 -15, Major Site Plan Review No. 0837 -15, Design Review No. 4821 -15, and Administrative Adjustment No. 0237 -15, Glassell Townhomes, 2830 N. Glassell Street, Orange, California. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Daryl Sequeira, applicant — made a brief presentation and answered Council's questions. Bryan Sevy, applicant — spoke in favor of the project and answered Council's questions. THE MAYOR CLOSED THE PUBLIC HEARING. Council discussed potential parking issues. In answer to Council's questions, the applicant stated that garages will be restricted for parking only and will be enforced through the HOA; and he also clarified that there will be eight guest parking spaces available. City Attorney Winthers stated that alternative wording was added to Condition of Approval No. 9 addressing garage parking to a MBK development project on Orange -Olive Road approved earlier in the year. Similar wording could be added to this project to ensure garages are used for parking purposes only. The applicant consented to the alternative wording. RESOLUTION NO. 10985 A Resolution of the City Council approving Tentative Tract Map No. 0044 -16, Conditional Use Permit No. 2987 -15, Major Site Plan Review No. 0837 -15, Design Review No. 4821- 15, and Administrative Adjustment No. 0237 -15 for the construction of a new 40 unit, three story townhouse development at 2830 North Glassell Street, Orange, California. MOTION — Whitaker SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve amended Resolution No. 10985 with the alternative wording added to Condition of Approval No. 9 prohibiting storage within parking garages. MINUTE ORDER — Mayor pro tem Murphy requested that staff review the current parking and open space requirements. He would like staff to bring back a report after the review has been completed. Mayor Smith requested that staff monitor the parking and the intersection at Olive Park for any safety concerns. PAGE 12 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) NOVEMBER 9, 2016 11.2 Appeal Hearing for a modified Alcoholic Beverage Control (ABC) License at 615 S. Tustin St. (A4000.0) Consideration of Appeal No. 547 -16, an appeal of the Planning Commission decision to deny Conditional Use Permit No. 2997 -15 to modify an existing Alcoholic Beverage Control (ABC) Type 20 license to allow the sale of single alcoholic beverages at 615 S. Tustin St. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Nathan Goss — submitted a petition on behalf of the applicant from customers and neighboring residents that support the store selling single serve alcoholic beverages. Rassol Eftekharian, applicant — spoke in favor of upholding the appeal. THE MAYOR CLOSED THE PUBLIC HEARING. During discussion, Sergeant Aaron Towner answered Council's questions regarding the Police Department's concerns with allowing the sale of single alcoholic beverages. Sergeant Towner reported that this type of CUP has not been allowed since 2004. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to deny Appeal No. 547 -16. 12. ADJOURNMENT — The City Council adjourned at 8:45 p.m. to an Adjourned Regular City Council Meeting on Tuesday, December 6, 2016, at 6:00 p.m. in the Council Chamber, for the Oath of Office Ceremony. The next Regular City Council Meeting will be held on Tuesday, December 13, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. d � r(L,- -- /-/ / M 'MURPHY CITY CLERK i i ►i s IJ7 PAGE 13