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Council Minutes 08/14/18 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 11, 2018 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES AUGUST 14, 2018 The City Council of the City of Orange, California convened on August 14, 2018, at 5:00 p.m. in a Regular Meeting at Santiago Canyon College,Room E-203, 8045 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 a. Conference with Legal Counsel—Existing litigation pursuant to Government Code Section 54956.9(a) & (d)(1). 1) Case: Orange County Catholic Worker, et. al. v. County of Orange, et. al. USDC Case No. 8:18-cv-00155 2) Case: Jamie Moore v. City of Orange USDC Case# 8:17-cv-1024 JVS (JCGx) . 3) Case: County of Orange v. California Department of Public Health San Diego Superior Court b. Conference with Real Property Negotiator—Real property negotiations pursuant to Government Code Section 54956.8: Property: 100 N. Tustin St. City Negotiator: Rick Otto, City Manager Under Negotiation: Purchase for the purpose of street widening 4. ADJOURN TO REGULAR MEETING —At 6:15 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday,August 14,2018, at 6:00 p.m. in Room E-203 at Santiago Canyon College. PAGE1 CITY COUNCIL MINUTES AUGUST 14, 2018 6:00 P.M. SESSION 1. OPE1vING This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:16 p.m. 1.1 INVOCATION Given by Pastor Dennis Tarr from Covenant Presbyterian Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Kimberlee Nichols. 1.3 ROLL CALL PRESENT —Alvarez, Whitaker, Smith,Murphy,Nichols ABSENT —None 1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Mayor Smith announced that there are two concerts left in the Concerts in the Park series at the Hart Park Band Shell with the fmal concert being on Wednesday,August 22. Mayor Smith announced a list of summer programs and events taking place at the Orange Public Library including a Barnes &Nobles fundraiser. 2. PUBLIC COMMENTS Betty Valencia—requested that Council rescind Resolution No. 11074 adopted at the April 10, 2018, City Council meeting. Tony Tripp — thanked the City for partnering with the Youth Centers of Orange for the after school program and distributed a flyer announcing a Back to School BBQ fundraiser. Marc Conner—requested that the City consider building a skate park at Grijalva Park. Cameron Hess—spoke regarding an incident involving the Orange Police Department and the unwarranted use of physical force. Lauren Austin — spoke in opposition of the City's action to stop the Needle Exchange Programs in Orange. PAGE 2 CITY COUNCIL MINUTES AUGUST 14, 2018 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. 3A. CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated July 6, 10, 12, 20, 24, and 26, 2018. (C2500.J.1.'n ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of July 10, 2018, and Special Meeting of August 6,2018. (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 April,May, and June 2018. (C2500.F) ACTION: Received and filed. 3.5 Second Amendment to Agreement 6378 with Siemens Industry, Inc., to provide emergency response services for traffic signals/flashers and street lighting. (A2100.0; AGR-6378.2) ACTION: Approved Second Amendment to Agreement for emergency response services for the traffic signal/flashers and street lighting in an amount not-to-exceed $40,000; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Amendment No. 2 to Cooperative Agreement No. C-9-0901 between the Successor Agency to the Orange Redevelopment Agency, the City of Orange, and the Orange County Transportation Authority for expansion of parking capacity at the Orange Santa Fe Depot. (A2100.0; AGR-5542.2) ACTION: Authorized the City Manager to approve and execute an Amendment No. 2 to Cooperative Agreement No.C-9-0901 substantially in the form presented and to administer the Successor Agency's obligations, responsibilities and duties to be performed under the Amendment No. 2. PAGE 3 CITY COUNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.7 Number not used. 3.8 License Agreements for the use of public parking lots by non-profit groups (Orange Elderly Services, OC Friends of Music, and the Orange Public Library Foundation) during the annual Orange International Street Fair (OISF) event over Labor Day Weekend. (A2100.0; AGR-5617.C, 5618.C, 5798.C) ACTION:Authorized the City Manager to enter into a three-year License Agreement with Orange Elderly Services, OC Friends of Music, and the Orange Public Library Foundation for the proposed use of operating paid parking lots during the OISF. 3.9 Grant #PT19083 from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program for Federal Fiscal Year 2018-2019.(A2100.0; AGR-5117.K) ACTION: 1) Approved agreement with the State of California OTS for the grant and authorized the City Manager to execute the agreement on behalf of the City; 2) Accepted into the City's revenue budget a $260,000 grant from the California OTS into revenue account number 100.4041.45290.30110,General Fund-FY19 OTS Selective Enforcement Program; and 3) Authorized the appropriation of $260,000 into the following Traffic Program expenditure accounts: Account Number Description Amount 100.4041.50221.30110 Overtime—Safety OTS Grant 18-19 $224,229 100.4041.50222.30110 Overtime—Miscellaneous OTS Grant 18-19 18,584 100.4041.51840.30110 Local Training OTS Grant 18-19 6,011 100.4041.55131.30110 Equipment OTS Grant 18-19 11,176 Total $260,000 3.10 First Amendment to Agreement No.6544 with CDCE,Inc. (CDCE) for the purchase, installation,and maintenance of Mobile Data Computers(MDCs)in the Police patrol fleet. (A2100.0; AGR-6544.1) ACTION: Approved amendment with CDCE in an amount not-to-exceed $93,097.05 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 3.11 Second Amendment to Attorney Services Agreement with the law firm of Liebert Cassidy Whitmore to provide legal services relating to personnel matters. (A2100.0; AGR-1042.U.2) � ACTION: Approved the Second Amendment to the Attorney Services Agreement between the City of Orange and Liebert Cassidy Whitmore in an amount not-to-exceed $155,000, and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. PAGE 4 CITY COLTNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.12 Purchase and installation of a new Storage Area Network(SAl�for the Orange Police Department. (A2100.0; AGR-6649) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Authorized the purchase and installation of a Compellent Storage Area Network for the Orange Police Department from Sidepath, Inc. for a total not-to-exceed amount of $270,039. 3.13 Appropriation of designated grant funding received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Beverage Container Recycling Program. (C2500.M.1.1) ACTION: 1) Accepted into the City's revenue budget $73,023 in grants from CalRecycle and appropriated the revenue to the following revenue account: Account Number Description Amount 220.5022.45290.20375 Beverage Container Recycling 17-18 $35,028 220.5022.45290.20373 Oil Payment Program 17-18 (Cycle 8) 37,995 Total $73,023 2) Authorized the appropriation of $73,023 into the following expenditure account numbers: Account Number Descri tp ion Amount 220.5022.51001.20375 Bev. Cont. Recycling 17-18—Contractual Services $27,000 220.5022.53001.20375 Bev. Cont. Recycling 17-18—Materials & Supplies 8,028 220.5022.51001.20373 Oil Payment Program 17-18—Contractual Services 32,995 220.5022.50002.20373 Oil Payment Program 17-18 —Regular Salaries 5,000 Total $73,023 3.14 Appropriation request to fulfill City's commitment for Quiet Zone Maintenance. (T2200.1.4) ACTION:Authorized the appropriation of$81,639 from the Reimbursable Capital Projects Fund (550) unreserved fund balance to expenditure account number 550.5032.56670.16065, Capital Projects Fund-Quiet Zone RR Xing Safety. 3.15 Appropriation of$24,376 from the Police Facility Fees unreserved fund balance for the purchase of bullet resistant acrylic transaction windows for the detention area from Total Security Solutions,Inc. (Total Security). (C2500.I� ACTION: Authorized the appropriation of $24,376 from the Police Facility Fees unreserved fund balance to expenditure account number 570.4011.51401.00000, Repairs to Building and Fixed Equipment. PAGE 5 CITY COUNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.16 Accept and appropriate a $12,500 donation from The Picerne Family Foundation to the Orange Police Department to be designated towards partial funding for an Unmanned Aerial System (LTAS), and police career education. (C2500.K) ACTION: 1)Accepted into the City's revenue budget a$12,500 donation from The Picerne Family Foundation, into revenue account number 100.4021.48390.12307, General Fund— K9/SWAT Donations; 2)Authorized the appropriation of$8,500 into expenditure account number 100.4021.55510.12307, General Fund—K9/SWAT Donations for the purchase of equipment; 3) Authorized the appropriation of $4,000 into expenditure account number 100.4011.51840.12308, General Fund — PD Education Donation for police career education;4)Authorized the appropriation of$12,526 from(355)Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000,Federal Asset Forfeiture — Equipment Additions to fund the remaining cost of equipment; and 5)Authorized the appropriation of$4,000 from(355) Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.51840.00000, Federal Asset Forfeiture—Local Training to fund corresponding training. 3.17 Appropriation of funds received from Rancho Santiago Community College District (Santa Ana College)for Fire Department training hours. (C2500.I� ACTION: 1)Accepted into the City's revenue budget a$21,521.50 payment from Rancho Santiago Community College District, into revenue account 100.3023.48210.20234 — (Expense Reimbursement Santa Ana College Fire Training); and 2) Authorized the appropriation of $21,521.50 into expenditure account 100.3023.51840.20234 — (Local- Training Santa Ana College). 3.18 Final Acceptance of Bid No 178-22; Council Chamber Remodel Project-Construction (FY18); and authorization to file the Notice of Completion with the County Recorder. ACTION: Accepted the Council Chamber Remodel Project - Construction (FY18) as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.19 Final Acceptance of Bid No. 167-08; Annual Water Main Renewal Project; and authorization to file the Notice of Completion with the County Recorder. ACTION: Accepted the Annual Water Main Renewal Project as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.20 Final Acceptance of SP-4057; Pavement Maintenance in Orange Park Acres Project Construction (FY18); and authorization to file the Notice of Completion with the County Recorder. ACTION: Accepted the Pavement Maintenance in Orange Park Acres Project (FY18) as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.21 Authorization to advertise for bids for the Tustin Street and Meats Avenue Intersection Right Turn Lane, Fiscal Year 2018-19 (FY19), Bid No. 189-05. (54000.5.7) ACTION:Authorized advertising for bids for Tustin Street and Meats Avenue Intersection Right Turn Lane. 3.22 Final Acceptance of Bid No 178-27; Demolition of an Existing Water Reservoir at 189 S. Water Street Project; and authorization to file Notice of Completion with the County Recorder. ACTION: Accepted the Demolition of an Existing Water Reservoir at 189 S. Water Street Project as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.23 Final Acceptance of Bid No. 178-14; Annual Concrete Replacement at Various Locations, Fiscal Year 2017-2018; and authorization to file the Notice of Completion with the County Recorder. ACTION: Accepted the Annual Concrete Replacement at Various Locations Project as complete; and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.24 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. Travelers Insurance a/s/o Horizon Lighting, Inc. b. Maria Chavez c. Gil Vazquez d. Sharon Wolf e. Kaine Wolf f. Manuel Sanchez ACTION:Denied Claim(s)for damages and referred to City Attorney and Claims Adjuster. 3.25 Award of contract to Big Ben,Inc. for University of California,Irvine(UCI)Medical Center Water Improvements; Bid No. 178-39. (A2100.0; AGR-6644) ACTION: Awarded the contract to Big Ben, Inc., which includes a 15%contingency to be added to the bid amount of$675,600, bringing the total contract amount to $776,940; and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 7 CITY COUNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.26 Amendment No. 1 to Contract Agreement No. 6497 with Diversified Thermal Services, Inc. (A2100.0; AGR-6497.1) ACTION: Approved Amendment No. 1 to the Agreement between Diversified Thermal Services, Inc. and the City for an increase of$47,438, and authorized the Mayor and City Clerk to execute the amendment on behalf of the City. 3.27 Award of Contract to International Line Builders, Inc. for LS-1 City Purchased Streetlight LED Conversion; Bid No. 189-02. (A2100.0; AGR-6645) ACTION: Awarded the contract in the amount of $1,039,777 to International Line Builders,Inc. of Riverside,California;and authorized the Mayor and City Clerk to execute the contract on behalf of the City. 3.28 Approval of payment to Southern California Edison (SCE) for Project SP-4016; Villareal Drive Southern California Edison Service Undergrounding, for electrical service to Reservoir No.2. (C2500.1Vn ACTION: 1) Authorized appropriation $65,000 from Water Fund (600) unreserved fund balance to expenditure account number 600.5011.56510.20395, Water Fund-Villareal Drive SCE Service Underground Project; and 2) Approved payment of $65,000 for the design and installation of undergrounding electrical services to Reservoir No. 2. 3.29 Purchase replacement water meters from Neptune Technology Group as a sole source on an "as needed" basis. (C2500.P) ACTION: Approved the purchase of Neptune water meters on an "as needed"basis from Neptune Technology Group in the amount not to exceed$350,000 per fiscal year. 3.30 Purchase of thirteen Public Safety Vehicles for the Orange Police Department(OPD). (C2500.M.'n ACTION: 1) Authorized the purchase of nine vehicles from Ford of Orange, Orange, California, in the amount of$349,886; 2) Authorized the purchase of two Police Pursuit Rated Black and White Tahoe's and one Detective Police Pursuit Vehicle Tahoe from National Auto Fleet Group, Watsonville, California, in the amount of $126,880; 3) Awarded a contract for building/outfitting seven of the above Police Patrol Explorer, one K-9 Explorer, one Detective Explorer and two Police Tahoes and one Detective Tahoe Vehicles to Hi Standard, of Orange, California, in the amount of$168,862; 4) Purchased one Armored Rescue Vehicle (ARV) from Lenco Armored Vehicles of Pittsfield, Massachusetts, in the amount of$299,575; and 5) Authorized the City Manager to surplus the replaced vehicles. PAGE 8 CITY COIJNCIL MINUTES AUGUST 14, 2018 3. CONSENT CALENDAR(Continued) 3.31 Purchase of property at 100 N. Tustin Street for the purpose of street widening. (C2500.M.16) ACTION: Approved the purchase of property at 100 N. Tustin Street; and authorized the Mayor and City Clerk to execute the necessary escrow and related documents on behalf of the City. 3.32 Memorandum of Understanding between the City of Orange and the Orange Fire Management Association effective July 1, 2017, to June 30, 2019. Resolution No. 11108. (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange repealing Resolution No. 11052 and implementing the Memorandum of Understanding between the City of Orange and the Orange Fire Management Association concerning wages, salaries and other terms and conditions of employment effective July 1, 2017 to June 30, 2019. ACTION: Approved Resolution No. 11108. 3.33 Authorizing Chapman University to provide crossing guard services. Resolution No. 11109. (54000.5.3.1.2.1) A Resolution of the City Council of the City of Orange authorizing Chapman University to provide crossing guard services as required to provide for the orderly flow of traffic at identified locations in proximity to the University, as approved in writing by the Chief of Police. ACTION: Approved Resolution No. 11109. 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.34 Amendment No. 2 to Cooperative Agreement No. C-9-0901 between the Successor Agency to the Orange Redevelopment Agency, the City of Orange, and the Orange County Transportation Authority for expansion of parking capacity at the Orange Santa Fe Depot. (A2100.0; AGR-5542.2) ACTION: Authorized the Executive Director to approve and execute an Amendment No. 2 to Cooperative Agreement No. C-9-0901 substantially in the form presented and to administer the Successor Agency's obligations,responsibilities and duties to be performed under the Amendment No. 2. MOTION —Whitaker SECOND —Alvarez AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Mayor pro tem Murphy recorded an abstention on Item 3.12. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR � � � � � � �: � PAGE 9 CITY COUNCIL MINUTES AUGUST 14, 2018 4. REPORTS FROM MAYOR SMITH—None 5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Murphy—Santiago College Bus Pass Program. Mayor pro tem Murphy reported on the bus program for Santiago College students, which goes into effect this Fall. Councilmember Nichols thanked the Orange Fire Department for their response to a fire at her cafe. 6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS 6.1 Report from City Council Ad Hoc Committees related to Homelessness: Cominunitv Communications Councilmember Alvarez had nothing to report. Cities and Non-profit Collaboration Mayor Smith reported that the decision regarding the Needle Exchange Programs is a difficult one for Council and staff. They have looked at both sides of the issue,and want a situation that benefits all of those involved. County Enga�ement Councilmember Whitaker reported on the Housing Trust legislation that has passed through the legislature. However, the language is very broad requiring the participants to set the governance of the trust. 7. ADMINISTRATIVE REPORTS—None 8. REPORTS FROM CITY MANAGER City Manager Otto reported that the Council Chamber remodel project is nearing completion. Staff should know in a couple of weeks if the September City Council meeting will be held in the Chamber or on the road. City Manager Otto also reported on the last meeting with Judge Carter regarding homelessness. The 13 cities in the north county service area presented the court with strategies to address the homeless issue in the north county area. Anaheim is leading the effort and is proposing additional shelter beds. Buena Park and Placentia are also proposing additional shelter beds. PAGE 10 CITY COUNCIL MINUTES AUGUST 14, 2018 9. LEGAL AFFAIRS—None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY—None 11 PUBLIC HEARINGS 11.1 Killefer Square Apartments, 541 N. Lemon Street, Orange. Applicant: Western States Housing,LLC. (Continued from July 10,2018.) (T4000.0) Time set for a public hearing to consider adoption of Mitigated Negative Declaration No. 1844-15 and approval of General Plan Amendment No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and Design Review No. 4870-15, for a 24 unit multi-family residential development involving adaptive reuse and rehabilitation of the historic Killefer Elementary School and construction of a new three story building at 541 N. Lemon Street. Historic Planner Marissa Moshier provided the staff report, and answered Council's questions regarding the current zoning of the properly. The property has been zoned R3 since 1954. She also clarified that the historical museum is included in the proposed plans and the Design Review Committee is rec�uiruig that the historical wallcway come back as part of the landscape plan for approval. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers: Leason Pomeroy, applicant—presented a PowerPoint presentation and spoke in support of the project. He added that there will be a dedicated space for a historical museum and history walk. The following people spoke in support of the project: Brian Lochrie, William Steiner, and Dave Simpson. The following people spoke in opposition of the project: Betty Valencia, Teri Lepe, David Ruvacalba,Douglas Westfall,Toy Siricha,Paul Guzman,Madelene Macias,Loraine Lemus,Rick Juliano, Jerome Ryan, Marc Colin, Gerardo Rodriguez, Catherine Vega, Velvet Brown, Norma Gonzalez,Ian Rose,Brian Weitz,Paula Weitz,John Reyes,Barbara Ryan,PJ Jahangiri,and Daniel Correa. The following person was neutral: JeffFrankel. THE MAYOR CLOSED THE PUBLIC HEARING. RECESS: The City Council took a short recess at 8:35 p.m. and reconvened at 8:48 p.m. with all members present. PAGE 11 CITY COLJNCIL MINUTES AUGUST 14, 2018 11 PUBLIC HEARINGS (Continued) During discussion, Council expressed concern with charging the tenants a fee for a designated parking space on the property. Senior Assistant City Attorney Gary Sheatz explained that condition#27 in proposed Resolution No. 11107 prevents a fee for the use of parking spaces to be applied to occupants of the building. Council appreciates the neighborhood coming to the meeting and sharing their concerns. However, Orange Unified School District sold the property and chose not to retain it for educational purposes; and the building will continue to deteriorate if left vacant. This development is an opportunity to restore a historical building while preserving and enhancing the history of the Cypress Street neighborhood. MOTION —Smith SECOND —Murphy AYES —Alvarez, Whitaker, Smith,Murphy,Nichols Moved to adopt Resolution No. 11106 certifying Mitigated Negative Declaration No. 1844-15 and associated Mitigation Monitoring and Reporting Program for a new 24 unit multi-family residential development involving adaptive reuse and rehabilitation of the historic Killefer Elementary School and construction of a new three-story building at 541 North Lemon Street. MOTION —Smith SECOND —Whitaker AYES —Alvarez, Whitaker, Smith,Murphy,Nichols ' Moved to adopt Resolution No. 11107 approving General Plan Amendment No.2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-15, Conditional Use Permit No. 3064-17,Variance No. 2248-17, and Design Review No. 4870-15 for a new 24 unit multi-family residential development involving adaptive reuse and rehabilitation of the historic Killefer Elementary School and construction of a new three-story building at 541 North Lemon Street with the added requirement of including a history walk and museum alcove in the school building. 12. ADJOURNMENT—The Council adjourned at 10:01 p.m. The next Regular City Council Meeting will be held on Tuesday, September 11, 2018, at 6:00 p.m.in the Council Chamber,with Closed Session beginning at 5:00 p.m.if necessary. o � A �' - ��J . M ' MURP TERESA E. SMITH CITY CLERK MAYOR PAGE 12