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Council Minutes 02/13/18APPROVED BY THE CITY COUNCIL ON MARCH 13, 2018 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES FEBRUARY 13, 2018 The City Council of the City of Orange, California convened on February 13, 2018, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS — None 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00 p.m. with all Members present. a. Conference with Legal Counsel — Pending Litigation pursuant to Government Code Section 54956.9(a) & (d)(1), Case: Orange County Catholic Worker, et. al. v. County of Orange, et. al. USDC Case No. 8:18 -cv -00155 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Rick Otto, City Manager. Employee Organizations: Orange City Firefighters, Orange Fire Management Association. 4. ADJOURN TO REGULAR MEETING — At 6:03 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, February 13, 2018, in the Council Chamber. PAGE 1 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING FEBRUARY 13, 2018 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:05 p.m. 1.1 INVOCATION Given by Pastor Jay Hewitt from Friends Church Orange. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Mark A. Murphy. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced several events taking place at the Orange Public Library. Proclamation honoring the El Modena Football Program. Proclamation honoring the Orange High Football Program. Proclamation recognizing Nancy Collins for her service to the Orange Public Library Board of Trustees. Proclamation recognizing Irma Hernandez for over 19 years of service. Presentation by Orange County Supervisor Todd Spitzer. Memorial Adjournment for Robert Tunstall. 2. PUBLIC COMMENTS Allen Thomas — spoke regarding safety concerns with Mary's Kitchen. Larry Bonham — spoke regarding homelessness and the lack of available jobs. Mike Short and Carrie Hummel — spoke regarding their proposal to transform the Little Theater at Orange High School into a larger venue that would serve all high schools and other community organizations. The Greater Orange Community Arts Theater kickoff celebration is taking place on April 12. Peter Jacklin — spoke regarding the increase in traffic in Orange Park Acres. Laura Thomas — spoke regarding the increase in traffic on Santiago Canyon Road in Orange Park Acres. Tom Davidson — spoke regarding the increase in traffic in Orange Park Acres. PAGE 2 CITY COUNCIL MINUTES FEBRUARY 13, 2018 RECESS: The City Council took a short recess at 7:54 p.m. and reconvened at 8:05 p.m. with all members present. 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 January 5, January 11, January 19, January 25, and February 2, 2018. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of January 9, 2018. (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 October, November, and December 2017. (C2500.F) ACTION: Received and filed. 3.5 Appropriation of funds received from the State of California Office of Emergency Services. (C2500.H) ACTION: Accepted into the City's revenue budget a total reimbursement of $524,907.26 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES; and authorized the appropriation into expenditure account number 100.3021.50221 — Overtime- Safety, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Spillway /Butte Incident 40145 $1,460.72 Jameson Staging Fire 40163 1,942.01 Alamo Fire 40153 117,438.63 Garza Fire 40155 18,188.20 Jennings 2 Fire 40156 13,091.78 Whittier Fire (1s Invoice) 40157 12,840.20 Whittier Fire (2 Invoice) 40157 49,356.53 Detwiler Fire 40158 162,898.57 Park Fire 40159 30,065.15 Parker 2 Fire 40160 13,196.55 Orleans Complex 40161 16,548.06 Pier Fire 40165 87,880.86 Total: $524,907.26 PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) FEBRUARY 13, 2018 3.6 Designation of alternate Board Member for the Metro Cities Fire Authority. (OC1300.A) ACTION: Designated Susan Galvan as the City's alternate voting board member to the Metro Cities Fire Authority. 3.7 Agreement with Pyro Spectaculars, Inc. for fireworks display at the City of Orange Third of July Celebration. (A2100.0; AGR- 3516.N) ACTION: Approved a revised five -year agreement with Pyro Spectacular, Inc. in an amount not -to- exceed $87,500, and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.8 First Amendment to Agreement No. 6400.A with Cornerstone Communications for membership to Behind the Badge OC, in the amount of $48,000. (A2100.0; AGR - 6400.A.1) ACTION: Approved Amendment with Cornerstone Communications in an amount not- to- exceed $48,000 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 3.9 Amendment No. 1 to Consultant Services Agreement No. 6370 with Secoy Architect, Inc., for additional Professional Services for Council Chamber Remodel Project. (A2100.0; AGR- 6370.1) ACTION: Approved Amendment No. 1 to the existing Secoy Architect, Inc., Consultant Services Agreement and increase the contract amount by $25,500; and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. 3.10 Contract with Advanced Aquatic Technology, Inc. for regular maintenance and repair of City fountains. (A2100.0; AGR -6573) ACTION: Approved a four -year contract with Advanced Aquatic Technology, Inc. for an amount not -to- exceed $78,232.20; and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.11 Purchase of Four Storage Area Network (SAN) Fabric Switches from Sidepath, Inc. (C2500.J) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the purchase of four SAN Fabric Switches from Sidepath, Inc. in the amount of $92,742.14; and authorized the appropriation of $12,750 from Information Technology (790) unreserved fund balance to account number 790.1601.56033.20293. 3.12 Cooperative agreement with the City of Anaheim for the design and construction of the 16" water main on Orangewood Avenue. (A2100.0; AGR -6575) ACTION: Approved the Cooperative Agreement for the design and construction of the 16" water main on Orangewood Avenue from State College Boulevard to Eckhoff Street. PAGE 4 CITY COUNCIL MINUTES FEBRUARY 13, 2018 3. CONSENT CALENDAR (Continued) 3.13 Appropriation of funds from the Federal Asset Forfeiture unreserved fund balance for two police training leadership programs, in the amount of $29,600. (C2500.K) ACTION: Authorized the appropriation of $29,600 from (355) Federal Asset Forfeiture unreserved fund balance to expenditure account number 355.4011.51830.00000 Federal Asset Forfeiture, Overnight Training. (ITEM REMOVED AND HEARD SEPARATELY) 3.14 Bid No. 178 -20; SP -4027; Approval of plans and specifications for Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project for the fiscal year 2018 (FY18); and authorization to advertise bids for construction. (S4000.S.3.2) Public Speaker Vanessa Gonzales — spoke in favor of approving this project. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve plans and specifications and authorize advertising for bids for the FYI CDBG ADA Wheelchair Access Ramps at Various Locations Project. 3.15 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. Donald Caron b. Michael Labat c. Jessica Farrelli d. Ricky Huffman e. Esmeralda Amezquita f. IAT Insurance Group a/s /o Two Men and a Truck g. Tim Corbett ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster. PAGE 5 CITY COUNCIL MINUTES FEBRUARY 13, 2018 3. CONSENT CALENDAR (Continued) 3.16 Final Acceptance of Bid No. 167 -34; Annual Pavement Maintenance Project at Various Locations Fiscal Year 2016 -2017 performed by R.J. Noble Company; and authorization to file the Notice of Completion with the County Recorder. No staff report needed) ACTION: Accepted public work improvements, authorized release of Western Surety Company of California, Bond No. 30003636 in the amount of $4,214,900.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.17 Final Acceptance of Bid No. 178 -03; Reservoir 4 Slope Regrading & Concrete V -ditch Installation Project performed by Jeremy Harris Construction, Inc., a California corporation; and authorization to file Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of American Contractors Indemnity Company of California Bond No. 1001075665 in the amount of $128,063.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.18 Final Acceptance of Bid No. 167 -40; Yorba Park Electrical Improvements performed by Academy Electric, Inc., a California corporation; and authorization to file Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted electrical improvements, authorized release of Nationwide Mutual Insurance Company Bond No. Bd753591 in the amount of $117,563.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.19 Award of Contract — Bid No. 178 -12; Project SP -4016; Villareal Drive Southern California Edison (SCE) Service Undergrounding, for electrical service to Reservoir No. 2. (A2100.0; AGR -6576) ACTION: 1) Appropriated $98,000 from the Fund 600 (Water Unreserved Fund) to 600.5011.56510.20395 (CIP — Capital Improvement Program); and 2) Awarded a contract in the amount of $92,000 to Calpromax Engineering, Inc. of Placentia, California; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.20 Award of Contract to High Tech Furnishings, Ltd. for purchasing furniture and materials for Council Chamber Remodel Project. (A2100.0; AGR -6578) ACTION: Awarded the contract in the amount of $127,057, includes applicable sales tax and 15% contingency, to High Tech Furnishings, Ltd.; and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 6 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) FEBRUARY 13, 2018 3.21 Award of Contract — Bid No. 178 -23; Pavement and sidewalk repair at Rancho Santiago Boulevard and Chapman Avenue Project. (A2100.0; AGR -6574) ACTION: 1) Authorized the appropriation of $95,000 from the water fund unreserved fund balance to Account No. 600.8041.53830.00000, Asphalt Products; and 2) Awarded a contract in the amount of $95,000 to Hardy & Harper, Inc. of Santa Ana, California; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.22 Exchange of vacant City owned real property for Chapman University owned real property. (D4000.0) ACTION: Approved the exchange of unused City owned real property for Chapman University owned real property; and authorized the Mayor and City Clerk to execute the quitclaim deed for the City owned property and execute the acceptance of the Chapman University owned property. 3.23 Memorandum of Understanding between the City of Orange and the Orange Management Association (OMA) effective July 1, 2017, to December 31, 2019. Resolution No. 11056. (C2500.J.4.1) A Resolution of the City Council of the City of Orange establishing a Memorandum of Understanding between the City of Orange and the Orange Management Association (OMA) effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11056. 3.24 Number not used. 3.25 Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees' Association (OMCEA) effective July 1, 2017, to December 31, 2019. Resolution No. 11058. (C2500.J.4.4) A Resolution of the City Council of the City of Orange establishing a Memorandum of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees' Association (OMCEA) effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11058. 3.26 Memorandum of Understanding between the City of Orange and the Water Division Employees' Association (WDEA) effective July 1, 2017, to December 31, 2019. Resolution No. 11059. (C2500.J.4.4.1) A Resolution of the City Council of the City of Orange establishing a Memorandum of Understanding between the City of Orange and the Water Division Employees' Association (WDEA) effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11059. PAGE 7 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) FEBRUARY 13, 2018 3.27 Accepting a portion of the 2900 block of Collins Avenue into the City Street System. Resolution No. 11060. (S4000.0) A Resolution of the City Council of the City of Orange accepting a portion of the 2900 block of Collins Avenue into the City Street System. ACTION: Approved Resolution No. 11060. 3.28 Designating agents to act on behalf of the City for declared disasters as required by the California Office of Emergency Services. Resolution No. 11061. (C2500.E.6) A Resolution of the City Council of the City of Orange designating agents to act on behalf of the City for declared disasters as required by the California Office of Emergency Services. ACTION: Approved Resolution No. 11061. 3.29 Declaring public purpose and authorizing the City Manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee property located in Hart Park for public park purposes. Resolution No. 11065. (C2500.M.4.9) A Resolution of the City Council of the City of Orange declaring public purpose and authorizing the City Manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee property located in Hart Park for public park purposes. ACTION: Approved Resolution No. 11065. 3.30 Declaring public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Handy Park for public park purposes. Resolution No. 11066. (C2500.M.4.10) A Resolution of the City Council of the City of Orange declaring public purpose and authorizing the city manager to negotiate and execute an agreement with the California Department of Transportation to acquire in fee, property located in Handy Park for public park purposes. ACTION: Approved Resolution No. 11066. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Mayor pro tem Murphy recorded an abstention on Item 3.11. Item 3.14 was removed from the Consent Calendar for public comment and heard separately. All other items on the Consent Calendar were approved as recommended. PAGE 8 CITY COUNCIL MINUTES FEBRUARY 13, 2018 END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Report from City Council Ad Hoc Committees related to Homelessness: • Community Communications • Cities and Non - profit Collaboration • County Engagement No reports were given. 6.2 Amending the procedures, rules and regulations for the Audit Committee. Resolution No. 11064. (OR1800.0.27.17) A Resolution of the City Council of the City of Orange repealing Resolution 9624 and amending the procedures, rules and regulations for the Audit Committee. Finance Assistant Director Katrin Bandhauer provided the staff report. She noted that currently a CPA is required to apply and be appointed as a member of the Audit Committee. Since the committee was reinstated, only two applications have been received. In order to encourage more applicants, staff is recommending to change this requirement. MOTION — Nichols SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 11064. 7. ADMINISTRATIVE REPORTS 7.1 Status of Fiscal Year 2017 -2018 budget and preliminary projections for Fiscal Year 2018 -2019 budget preparation. (C2500.E.4) Finance Director Will Kolbow provided the staff report and answered Council's questions regarding Ca1PERS. MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to receive and file report. PAGE 9 CITY COUNCIL MINUTES FEBRUARY 13, 2018 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 Resolution Denying tree appeal, which upholds the decision of the City Manager to deny a permit to allow the removal of a Canary Island Pine Tree located at 400 E. Chapman Ave. Resolution No. 11062. (A4000.0) A Resolution of the City Council of the City of Orange denying tree appeal, which upholds the decision of the City Manager to deny a permit to allow the removal of a Canary Island Pine Tree located at 400 E. Chapman Ave. Appellant: William Warne. Public Speaker Paula Meyer, attorney for William Warne — spoke in opposition of approving the Resolution. Councilmember Alvarez stated he would be voting no to be consistent with his vote at the January meeting. MOTION — Murphy SECOND — Whitaker AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to approve Resolution No. 11062. 9.2 Urgency Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Ordinance No. 03 -18. (A2500.0) An Urgency Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Senior Assistant City Attorney Gary Sheatz noted that revised ordinances were included in the Hot File packet distributed to Council for Ordinance No. 03 -18 and Ordinance No. 04- 18. The revised ordinances include the City's finding that the ordinance amendment is categorically exempt from CEQA and no further environmental analysis is required. Public Speaker Paula Meyer, attorney for William Warne — spoke in opposition of adopting the Ordinance and does not think that the requirements for CEQA have been met. MOTION — Whitaker SECOND — Smith AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to adopt revised Ordinance No. 03 -18 and the findings of urgency. PAGE 10 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) FEBRUARY 13, 2018 9.3 Ordinance Amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Ordinance No. 04 -18 (First Reading). (A2500.0) An Ordinance of the City Council of the City of Orange amending Chapter 12.32 of the Orange Municipal Code regarding tree preservation. Public Speaker Paula Meyer, attorney for William Warne — spoke in opposition of adopting the Ordinance. MOTION — Smith SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to approve Ordinance No. 04 -18 for First Reading and same was set for Second Reading by the preceding vote. 9.4 Ordinance and Resolution amending the City's contract with CalPERS to provide Section 21574 benefits to local safety members. Ordinance No. 05 -18 (First Reading). Resolution No. 11063. (A2500.0) An Ordinance of the City Council of the City of Orange amending the City's retirement contract with Ca1PERS to provide Section 21574 (Fourth Level of 1959 Survivor Benefits) to local safety members; and a Resolution of intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement system and the City Council of the City of Orange. MOTION — Smith SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Ordinance No. 05 -18 for First Reading and same was set for Second Reading by the preceding vote. MOTION — Nichols SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 11063. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PAGE 11 CITY COUNCIL MINUTES 11 PUBLIC HEARINGS FEBRUARY 13, 2018 11.1 An Ordinance amending Section 17.08.040 of the Orange Municipal Code to Establish Notification Requirements for Design Review Projects involving Construction of Second Stories or Additional Units on Properties in Residential Zones within the Boundaries of an Established Historic District. (A2500.0) Time set for a public hearing to consider establishing notification requirements for certain types of Design Review projects on properties in residential zones within the boundaries of an established historic district. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. Ordinance No. 02 -18 (First Reading) An Ordinance of the City Council of the City of Orange amending Section 17.08.040 of the Orange Municipal Code to Establish Notification Requirements for Design Review Projects involving Construction of Second Stories or Additional Units on Properties in Residential Zones within the Boundaries of an Established Historic District. MOTION — Smith SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Ordinance No. 02 -18 for First Reading and same was set for Second Reading by the preceding vote. 11.2 An appeal of the Planning Commission decision to deny Conditional Use Permit No. 3003 -16 for an Alcohol and Beverage Control (ABC) License Type 20 (Off -Sale Beer & Wine) located at 684 S. Glassell Street. Appeal No. 550 -17. (A4000.0) (NOTE: ITEM TO BE CONTINUED TO THE MAY 8, 2018, CITY COUNCIL MEETING) Time set for a public hearing to consider an appeal by the applicant, Joseph Karaki of Western States Engineering, on behalf of Cadnicks 76 Service Station, of the Planning Commission decision to deny Conditional Use Permit No. 3003 -16 for an Alcohol and Beverage Control (ABC) License Type 20 (Off -Sale Beer & Wine) located at 684 S. Glassell Street. Councilmember Alvarez left the dais at 9:07 p.m. MOTION — Nichols SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to continue this Item to the May 8, 2018, Regular City Council meeting. Councilmember Alvarez returned to the dais at 9:08 p.m. PAGE 12 CITY COUNCIL MINUTES FEBRUARY 13, 2018 12. ADJOURNMENT — The Council adjourned at 9:08 p.m. in Memory of Robert Tunstall. The next Regular City Council Meeting will be held on Tuesday, March 13, 2018, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. r . gkkTE MURPIfY CITY CLERK TERESA L. SMITH MAYOR PAGE 13