Loading...
03.02 Draft Minutes 3-10-20 and 3-16-20CITY COUNCIL MEETING MINUTES ORANGE, CALIFORNIA MARCH 10, 2020 The City Council of the City of Orange, California convened on March 10, 2020, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 P.M. SESSION i. ROLL CALL DRAFT MINUTES — NOT AN PRESENT — Alvarez, Murphy, Nichols, Monaco OFFICIAL RECO 10 i ffiffi! ABSENT — None APPROVED BY THE r.:'I' Y' COUNCIL 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 to discuss the following: a. Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(a) & (d)(1). 1) Case: Orange Park Association v. City of Orange Orange County Superior Court b. Conference with Legal Counsel — Anticipated litigation pursuant to (Government Code Section 54956.9(d)(2)-(4). (One case) c. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Attorney 4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the Closed Session to its Regular Meeting in the Council Chamber. ITEM: 5.2, DATE OF MEETING: Page 1 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 6:00 P.M. SESSION 1. OPENING This Regular Meeting of the Orange City Council was called to order by Mayor Murphy at 6:06 p.m. 1.1 INVOCATION Given by Pastor Eric Turbedsky from Sovereign Grace Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Michael Alvarez. 1.3 ROLL CALL PRESENT — Alvarez, Murphy, Nichols, Monaco ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Murphy announced several events and programs taking place at the Orange Public Library this spring; and Councilmember Nichols announced the Orange Public Library Foundation's annual "It's Your Money" workshop beginning Friday, April 10. Recognition of 2019 Community Partners. Proclamation congratulating the Orange Chapter of the CDA Slammers FC for the 2019 State Cup Championship. 2. PUBLIC COMMENTS Janice Brownfield —encouraged the City to implement a community choice energy program in Orange. Jodee Parker — spoke regarding parking issues near her business. Mel Vernon — invited the community and Council to attend the Fridays for Future Global Climate Strikes that take place on Friday mornings and a three day strike taking place on April 22. Carole Walters — spoke regarding an issue with speeding cars on Tustin Avenue. Page 2 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 2. PUBLIC COMMENTS (Continued) Henry Seals — spoke regarding an increase in nuisance activity near the group homes in Orange Park Acres. Teri Keffer — spoke regarding the issues that are increasing due to the Newport Academy group homes in Orange Park Acres. Mary McCrink — spoke regarding the increase in nuisance activity near the group homes in Orange Park Acres. Lala Truong — introduced herself as the new field representative in Congressman Lou Correa's office. Laura Thomas — announced the opening of the Holy Sepulcher trail. 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 February 6, 14, 20, and 28, 2020. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of February 11, 2020. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report for the Period ending February 29, 2020. OR1800.0.27.16) ACTION: Received and filed. 3.5 City Traffic Commission Activity Report for 2019. (OR1800.0.19) ACTION: Received and filed. Page 3 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 3. CONSENT CALENDAR (Continued) ITEM REMOVED FROM CONSENT AND HEARD SEPARATELY) 3.6 Cooperative Agreement No. C-9-1841 with Orange County Transportation Authority for the Bicycle Corridor Improvement Program for the Santiago Creek Multipurpose Extension project. (A2100.0; Agr-6953) Mayor Murphy thanked staff for preparing the application and proposal as it is a competitive process. MOTION — Murphy SECOND — Nichols AYES — Alvarez, Murphy, Nichols, Monaco Moved to: 1) Approve the Cooperative Agreement with the Orange County Transportation Authority and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Accept into the City's revenue budget a $345,794 grant from the Orange County Transportation Authority into revenue account number 550.5011.45460.20325, Reimbursable Capital Project — Santiago Creek Multipurpose Trail Extension. 3.7 First Amendment to Agreement No. 6504 with Data Ticket, Inc. for a two-year extension of parking permit and citation processing services through June 30, 2022. A2100.0; Agr-6504.1) ACTION: Approved First Amendment to Agreement No. 6504 with Data Ticket, Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Agreement with Sunrise Multi -Specialist Medical Center for occupational medical evaluations for Fiscal Year 2019-2020. (A2100.0; Agr-6827.A) ACTION: 1) Approved the agreement with Sunrise Multi -Specialist Medical Center in an amount not to exceed $30,000 for occupational medical evaluations; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 First Amendment to Attorney Services Agreement with The Sohagi Law Group to provide legal services related to litigation defense in the matter of Tuskatella, LLC v. City of Orange; Orange Senior Housing, Inc. (A2100.0; Agr-6911.1) ACTION: 1) Approved First Amendment to Attorney Services Agreement with The Sohagi Law Group in the amount of $50,000; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund — Legal Services. 3.10 Award of a five-year Professional Services Agreement for Statement Printing and Mailing Services to InfoSend, Inc. as a single source vendor. (A2100.0; Agr-6954) ACTION: Approved the agreement with InfoSend Inc. for annual printing and mailing services in the amount not to exceed $150,000 per year, for five years, with three optional one-year renewals at $150,000 per year, and authorized the Mayor and City Clerk to execute on behalf of the City. Page 4 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 3. CONSENT CALENDAR (Continued) 3.11 Professional Services Agreement with N. Harris Computer Corporation for upgrade of the current mobile work order system for the Utility Billing and Water divisions. A2100.0; Agr-6955) NOTE: Mayor Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the agreement with N. Harris Computer Corporation in the amount of 30,000 for the upgrade of the mobile work order system-mCare for the Utility Billing and Water divisions; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.12 Annual agreement with ECS Imaging, Inc. for Laserfiche annual maintenance citywide document management platform). (A2100.0; Agr-6956) ACTION: Approved agreement with ECS Imaging, Inc. in the amount of $39,150 for Laserfiche Software Assurance Plan providing product updates and enhancements for 12 months; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Appropriation of $165,000 in designated Proposition 69 funding received from the County of Orange for an evidence freezer. (C2500.K) ACTION: 1) Accepted into the City's revenue budget a $165,000 Proposition 69 funding award from the County of Orange, into revenue account number 550.4011.45320.30134, State Revenue — Evidence Freezer; and 2) Authorized the appropriation of $165,000 into expenditure account number 550.4011.56031.30134, CIP Equipment — Evidence Freezer. 3.14 Appropriation of $2,826.65 in State of California Office of Emergency Services funding received. (C2500.H) ACTION: 1) Accepted into the City's revenue budget $2,826.65 in strike team reimbursement funds from State of California Office of Emergency Services, into revenue account number 100.3024.48212.40218 — Redbank Fire; 2) Authorized the appropriation of $2,660.33 into expenditure account number 100.3024.50221.40218, General Fund — Overtime -Safety; and 3) Authorized the appropriation of $166.32 into expenditure account number 100.3024.53860.40218, General Fund — Strike Team Expenditures. 3.15 Approval of plans and specification and authorization to advertise for bids for Walnut Avenue Improvement; SP-4102, Bid No. 190-35. (C2500.M.17) ACTION: Approved plans and specifications and authorized advertising for bids for the Walnut Avenue Improvement. 3.16 Approval of plans and specification and authorization to advertise for bids for Annual Pavement Maintenance at Various Location Project Fiscal Year 2019-2020; SP-4111, Bid No. 190-38. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Pavement Maintenance at Various Locations Project Fiscal Year 2019-2020. Page 5 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 3. CONSENT CALENDAR (Continued) 3.17 Final Acceptance of Bid No. 189-34; SP-3932; Chapman Avenue at Tustin Street Right Turn Lane Improvements; and authorization to file Notice of Completion. ACTION: Accepted Chapman Avenue at Tustin Street Right Turn Lane Improvements project as complete; and authorized staff to file Notice of Completion with the County Recorder. 3.18 Claims for Damages. (C3200.0) ACTION: Denied the following claims for damages and referred to City Attorney and Claims Adjuster: a. Carol Chaney b. Xavier Cisneros Aguirre c. Nelda Snow d. Jaime Ramirez 3.19 First Amendment to Contract with Aid Builders, Inc. for Bid No. 190-10; SP-4099; Plaza Parking Lot Improvements. (A2100.0; Agr-6856.1) ACTION: Approved the first amendment to the contract with Aid Builders, Inc. for Plaza Parking Lot Improvements; 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, Phase 2; SP-4129 as a single source vendor. (A2100.0; Agr-6957) ACTION: Awarded the contract to High Tech Furnishings, Ltd. in the total amount of 42,900, representing an original amount of $37,109, plus a 15% contingency of $5,791, for the Council Chamber Remodel project, Phase 2 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.21 Award of Contract for Pedestrian Countdown Signals — HSIPL-5073(085) project to Econolite Systems, Inc.; Bid No. 189-32. (A2100.0; Agr-6958) ACTION: 1) Waiveed minor public works bidding irregularity in the bid proposal received by Econolite Systems, Inc.; and 2) Awarded the contract to Econolite Systems, Inc. in the total amount of $171,910, representing an original bid amount of $156,281, plus a 10% contingency of $15,629 for Pedestrian Countdown Signals and authorized the Mayor and City Clerk to execute on behalf of the City. 3.22 Award of Contract for Community Development Block Grant Fiscal Year 2019-2020 Orange Senior Center HVAC Modification Project to Diversified Thermal Services, Inc.; Bid No. 190-14. (A2100.0; Agr-6959) ACTION: Approved agreement with Diversified Thermal Services, Inc. in the amount of 14,918; and authorized the Mayor and City Clerk to execute on behalf of the City. Page 6 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 3. CONSENT CALENDAR (Continued) 3.23 Award of Contract for Community Development Block Grant Fiscal Year 2019-2020 Orange Senior Center Floor Replacement Project to Floor Tech America; Bid No. 190-15. (A2100.0; Agr-6960) ACTION: Approved contract with Floor Tech America in the amount of $36,739; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.24 Award of Contract for Community Development Block Grant Fiscal Year 2019-2020; Americans with Disabilities Act Wheel Chair Access Ramp Replacement at Various Locations to FS Contractors, Inc.; Bid No. 190-22. (A2100.0; Agr-6961) ACTION: 1) Rejected the bid received from Martinez Concrete, Inc. of Azusa, California; 2) Awarded the contract to FS Contractors, Inc. in the total amount of $332,200, representing an original bid amount of $302,000, plus 10% contingency of $30,200 for Community Development Block Grant Fiscal Year 2019-2020; Americans with Disabilities Act Wheel Chair Access Ramp Replacement at Various Locations and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Authorized the transfer of $96,000 from 310.9645.57130.11070, CDBG Contingency Account to 310.9645.56330.11328, Americans with Disabilities Act Improvements — Access Ramps. 3.25 Award of Contract for OC-40 Improvement Project to Cora Constructors, Inc.; Bid No. 190-25. (A2100.0; Agr-6962) ACTION: Awarded contract to Cora Constructors, Inc. in the total amount of $128,425, representing an original bid amount of $116,750, plus a 10% contingency of $11,675, for OC-40 improvements; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.26 Award of Contract for Kennymead Storm Drain Improvements maintenance contract to T.E. Roberts, Inc.; Bid No. 190-27. (A2100.0; Agr-6963) ACTION: Awarded the contract to T.E. Roberts, Inc. in the total amount of $77,540, representing an original bid amount of $70,490, plus a 10% contingency of $7,050, for Kennymead Storm Drain Improvements maintenance contract; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.27 Grant a public utility easement to Southern California Edison on City of Orange property to facilitate the installation of electrical equipment in the northwest quadrant of the Old Towne plaza. (D4000.0) ACTION: Authorized the granting of a public utility easement on City property in favor of Southern California Edison; and authorized the Mayor and City Clerk to execute the easement deed from the City to Southern California Edison. 3.28 Purchase of ballistic vests from U.S. Armor Corporation. (C2500.K) ACTION: Authorized the sole source purchase of ballistic vests from U.S. Armor Corporation in an amount not to exceed $45,000. Page 7 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 3. CONSENT CALENDAR (Continued) 3.29 Time extension of Tentative Tract Map No. 0048-18, Minor Site Plan Review No. 0948-18, and Negative Declaration No. 1859-18, 6146 East Santiago Canyon Road Mara Brandman Arena). Resolution No. 11118. (T4000.0) ACTION: 1) Approved a one-year time extension for Tentative Tract Map No. 0048-18, Minor Site Plan Review No. 0948-18, and Negative Declaration No. 1859-18 based on Orange Municipal Code Section 17.08.060, and 2) Approved a six -year time extension for Tentative Tract Map No. 0048-18, Minor Site Plan Review No. 0948-18, and Negative Declaration No. 1859-18 based on Subdivision Map Act Section 66452.6(e). 3.30 Amending a Retirement Health Savings Plan for certain City of Orange employee bargaining groups. Resolution No. 11215. (C2500.J.4) A Resolution of the City Council of the City of Orange amending a Retirement Health Savings program for certain City of Orange employee bargaining groups. ACTION: Approved Resolution No. 11215. 3.31 Adoption of revised Master Resolution of Permit Parking Areas to include the addition of the 500 block of East Maple Avenue. Resolution No. 11216. (S4000.S.3.12) A Resolution of the City Council of the City of Orange rescinding Resolution No. 11157, and adopting revised Master Resolution of Permit Parking Areas within the City of Orange. ACTION: Approved Resolution No. 11216. 3.32 Authorization to temporarily close portions of public streets for approved special events. Resolution No. 11217. (S4000.S.4) A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events. ACTION: 1) Approved Resolution No. 11217 approving the closure of public streets during the times of approved special events; and 2) Approved closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Year 2020-2021. 3.33 Quitclaim of Santa Ana Valley Irrigation easement at 1249 East Katella Avenue. ACTION: Approved the quitclaiming of the existing pipeline easement at 1249 East Katella Avenue and authorized the Mayor and City Clerk to execute on behalf of the City. MOTION — Alvarez SECOND — Nichols AYES — Alvarez, Murphy, Nichols, Monaco Mayor Murphy recorded an abstention on Item 3.11. Item 3.6 was removed from the Consent Calendar and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR Page 8 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 4. REPORTS FROM MAYOR MURPHY — None 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of Marva Hitchcock from the Library Board of Trustees and direct the City Clerk to post a Notice of Vacancy per the Maddy Act. (OR1800.0) MOTION — Alvarez SECOND — Murphy AYES — Alvarez, Murphy, Nichols, Monaco Moved to accept the resignation of Marva Hitchcock and direct the City Clerk to post a Notice of Vacancy per the Maddy Act. 7. ADMINISTRATIVE REPORTS 7.1 Agreement with Axon Enterprise, Inc. for a mobile audio video, interview room, and body worn camera system. (A2100.0; Agr-6964) MOTION — Monaco SECOND — Murphy AYES — Alvarez, Murphy, Nichols, Monaco Moved to: 1) Approve the agreement with Axon Enterprise, Inc. for an in -car video, interview room, and body worn camera system in an amount not to exceed $1,688,208 and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City; and 2) Authorize the appropriation of $209,672 from the AB3229/COPS/State — Supplemental Law Enforcement Services unreserved fund balance into expenditure account number 354.4011.56032.20337, AB3229/COPS/State — Supplemental Law Enforcement Services Mobile Audio Video and Body Worn Cameras. 7.2. Approval of a Joint Exercise of Powers Agreement between the City of Orange and the California Statewide Communities Development Authority. Resolution No. 11218. A2100.0; Agr-6965) A Resolution of the City Council of the City of Orange approving the execution of a Joint Exercise of Powers agreement between the City of Orange and the California Statewide Community Development Authority to form the Orange City Public Facilities Financing Authority. MOTION — Monaco SECOND — Murphy AYES — Alvarez, Murphy, Nichols, Monaco Move to approve Resolution No. 11218. Page 9 of 1 I CITY COUNCIL MINUTES MARCH 10, 2020 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1287-18 and Mitigated Negative Declaration No. 1858-18, a request to change the Zoning Designation of a 41,672 square foot site from Neighborhood Mixed Use (NMU) to General Business (C-2) on a site located at 202 S. Main Street. MOTION Alvarez SECOND Monaco AYES Alvarez, Murphy, Nichols, Monaco Moved that Ordinance No. 09-20 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 11 PUBLIC HEARINGS 11.1 Introduction and First Reading of an Ordinance of the City Council of the City of Orange amending standards and procedures for alcohol production in the Industrial Zones, and miscellaneous alcohol related regulations. Ordinance No. 07-20. Continued from 2/11/2020) Time set for a continued public hearing to consider amending Title 17 (Zoning) of the Orange Municipal Code to establish alcohol production development standards and to amend miscellaneous sections of the special use and conditional use regulations sections pertaining to production and retail sales of alcoholic beverages in compliance with the State of California Department of Alcoholic Beverage Control. The Mayor opened the Public Hearing. Public Speaker: Michelle Hensley — spoke in support of adopting Ordinance No. 07-20. The Mayor closed the Public Hearing. MOTION — Alvarez SECOND — Monaco AYES — Alvarez, Murphy, Nichols, Monaco Moved to Introduce and approve Ordinance No. 07-20 for First Reading. An Ordinance of the City Council of the City of Orange amending standards and procedures for alcohol production in the Industrial Zones, and miscellaneous alcohol related regulations. Page 10 of 11 CITY COUNCIL MINUTES MARCH 10, 2020 12. ADJOURNMENT — There being no further business, the meeting was adjourned at 7:30 p.m. to an Adjourned Regular Meeting on Tuesday, March 24, 2020, at 6:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular City Council Meeting will be held on Tuesday, April 14, 2020, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if necessary. PAMELA COLEMAN CITY CLERK MARK A. MURPHY MAYOR Page 11 of 11 u CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES MARCH 16, 2020 The City Council of the City of Orange, California convened on March 16, 2020, at 4:00 p.m. in an Emergency Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 1. ROLL CALL PRESENT — Alvarez, Murphy, Nichols, Monaco ABSENT — None `)'RAFT MINUTES OFFICIAL N raly Ct.I2. ORAL COMMUNICATIONS — None R % I d.l jV"ii . APPROVED BY THE ,;•• ,. MOTION —Murphy COUNQL SECOND — Nichols AYES — Alvarez, Murphy, Nichols, Monaco Moved to meet in Closed Session Pursuant to Section 54956.5(c) of the California Government Code. 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 4:01 p.m. with all Members present to discuss the following: a. Threat to Public Services or Facilities — pursuant to Government Code Section 54957 Discussion regarding the Coronavirus pandemic and the immediate threat to the public's right of access to public services and public facilities. The City Council reconvened in Open Session at 5:00 p.m. with all Members present. Reporting out of Closed Session the City Council discussed the Proclamation of the City Manager, in his capacity as the Director of Emergency Services, proclaiming the existence of a local emergency due to the Coronavirus pandemic. In responding to the threat to public services and facilities, staff recommended that the City Council adopt Resolution No. 11222, confirming the proclamation of the City Manager. MOTION — Murphy SECOND — Nichols AYES — Alvarez, Murphy, Nichols, Monaco Moved to adopt Resolution No. 11222, A Resolution of the City Council of the City of Orange confirming the City Manager/Director of Emergency Services declaration of the existence of a local emergency. 4. ADJOURNMENT — There being no further business, the meeting was adjourned at 5:02 p.m. Notice of this emergency meeting was posted at Orange Civic Center, on the City of Orange website, and in the City Clerk's Office; and was emailed to the Orange County Register, Orange City News, and Foothills Sentry. PAMELA COLEMAN MARK A. MURPHY CITY CLERK MAYOR