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Council Minutes 11/14/17APPROVED BY THE CITY COUNCIL ON DECEMBER 12, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES NOVEMBER 14, 2017 The City Council of the City of Orange, California convened on November 14, 2017, 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 — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez 2. ORAL COMMUNICATIONS — None 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:02 p.m. with all Members present, except Councilmember Alvarez who was absent. a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Laura Kalty, Special Counsel Employee Organizations: Orange Fire Management Association. b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a), one case: Case: Creative Home dba CHI Construction v. City of Orange Orange County Superior Court Case No. 30- 2017 - 009467- CU- BC -CJC 4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, November 14, 2017, in the Council Chamber. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING NOVEMBER 14, 2017 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 Father Rudy Alumam from Holy Family Cathedral. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred M. Whitaker. 1.3 ROLL CALL PRESENT — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Introduction of the 2017 Miss Orange Contestants. Presentation of a Proclamation to Gayle Merino honoring her service to her Country and the City of Orange. 2. PUBLIC COMMENTS Chris Canpelaria — spoke regarding an issue he is having with Mary's Kitchen and the lack of security. Brianna Cupello — spoke regarding the homeless population and the use of drugs near her home and in her neighborhood. Doug Vogel — spoke regarding the speeding traffic on Collins between Tustin and Cambridge. PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR NOVEMBER 14, 2017 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 13, 19, 27, and November 2, 2017. (C2500.J.1.7) ACTION: Approved. 3.2 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.3 Monthly Treasurer's Reports for July, August, and September 2017. (C2500.F) ACTION: Received and filed. 3.4 Investment Oversight Committee Report for the period ending October 31, 2017. (OR1800.0.27.16) ACTION: Received and filed. 3.5 Agreement between the City of Orange and The Roman Catholic Bishop of Orange Regarding Recreational Trails and Traffic Loop Detector. (A2100.0; AGR -6536) ACTION: Continued to the December 12, 2017, City Council meeting. 3.6 Master Encroachment Agreement (Agreement) between the City of Orange and Mobilitie, LLC (Mobilitie) to install telecommunications network facilities within the public right -of -way. (A2100.0; AGR -6537) ACTION: Approved Agreement between City of Orange and Mobilitie, LLC and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. 3.7 Bid No. 178 -17; Approval of plans and specifications for construction of Orangewood Avenue and Katella Avenue Water Quality Storm Drain Improvements, FY 2017 -18; and authorization to advertise for bids.(C2500.M.17) ACTION: Approved plans and specifications and authorized advertising for bids for Orangewood Avenue & Katella Avenue Water Quality Storm Drain Improvements, FY 2017 -2018 (D -172). PAGE 3 CITY COUNCIL MINUTES NOVEMBER 14, 2017 3. CONSENT CALENDAR (Continued) 3.8 Bid No. 178 -16; Approval of plans and specifications for construction of Fiscal Year 2016 -17 Community Development Block Grant (CDBG) Fern Neighborhood — Street and Sewer Improvements Project (SP- 3994); and authorization to advertise for bids. (C2500.M.3) ACTION: Approved plans and specifications and authorized advertising for bids for the CDBG FYI Fern Neighborhood - Street and Sewer Improvements Project. 3.9 Final Acceptance of Bid No. 167 -38; Pedestrian Crossing Upgrade at 14 Locations Citywide performed by ND Construction Company Inc.; and authorization to file Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of Merchant Bonding Company (Mutual), Bond No. CAC712606 in the amount of $184,637.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.10 Claims for Damages (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. James Smith b. Sandra Barnhart c. Michelle Montero d. Michelle Montero e. Stephen Kent Aylward ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster. 3.11 Award of Contract for Bid No. 178 -10 to Waterline Technologies, Inc. for the purchase of liquid sodium hypochlorite on an "as- needed" basis. (A2100.0; AGR- 6538) ACTION: Awarded the contract in the amount of $95,682 to Waterline Technologies, Inc.; and authorized the Mayor and City Clerk to execute the contract on behalf of the City. 3.12 Award of Contract for Bid No. 178 -11 to CPAC, Inc. for the purchase of replacement desktop computers. (A2100.0; AGR -6539) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Awarded the contract to CPAC, Inc. of Anaheim, California, in the amount of $398,624.69; and authorized the Mayor and City Clerk to execute the contract on behalf of the City. PAGE 4 CITY COUNCIL MINUTES NOVEMBER 14, 2017 3. CONSENT CALENDAR (Continued) 3.13 Final Contract Change Order for Agreement No. 6487 with ND Construction Company, Inc., Bid No. 167 -38; Pedestrian Crossing Upgrade at 14 Locations Citywide. (A2100.0; AGR- 6487.1) ACTION: 1) Approved Final Contract Change Order in the amount of $28,227.44 to ND Construction Company, Inc. for the extra work; and 2) Authorized the appropriation of $7,000 from the Traffic Improvement Measure M2 (263) unreserved fund balance to expenditure account 263.5032.56100.20194 M2 Pedestrian Crossing Upgrades. (ITEM REMOVED AND HEARD SEPARATELY) 3.14 First Amendment to contract with West Coast Arborist (WCA) for Tree Maintenance Services, Bid No. 156 -05, Agreement No. 6299. (A2100.0; AGR- 6299.1) Public Speaker Mel Vernon — asked about the number of trees removed and planted each year. Public Works Director Joe Defrancesco and Field Services Manager Alan Truong reported that approximately 200 trees were removed last year based on health issues; however, for every tree that is removed, the same number of trees are planted. In fact, there is a net gain each year of the City tree inventory. MOTION — Whitaker SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to authorize the appropriation of $310,000 from the Sanitation (220) Unreserved Fund Balance to expenditure account number 220.5025.51700.00000, Tree Services — Contractual Services; and approve Amendment in an amount of $111,635, bringing the total amount of the contract to $725,000 annually. PAGE 5 CITY COUNCIL MINUTES NOVEMBER 14, 2017 3. CONSENT CALENDAR (Continued) (ITEM REMOVED AND HEARD SEPARATELY) 3.15 Accept and appropriate an $11,025 grant from the Community Foundation of Orange (CFO) to the Orange Police Department canine program for the purchase of a new police service dog. (A2100.0; AGR -6540) Mayor Smith commended and thanked the Community Foundation of Orange for the grant. MOTION — Smith SECOND — Nichols AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to 1) Approve agreement with CFO in an amount not -to- exceed $11,025 and authorize the City Manager to execute the agreement on behalf of the City; 2) Accept into the City's revenue budget an $11,025 grant from CFO, into revenue account number 100.4021.48390.12307, General Fund — K9 /SWAT Donations; and 3) Authorize the appropriation of $11,025 into expenditure account number 100.4021.55510.12307, General Fund — K9 /SWAT Donations for the purchase of a new police service dog from Adlerhorst International, LLC. 3.16 Purchase replacement radar feedback signs and equipment from Fortel Traffic, Inc. ( Fortel) as a sole source. (S4000.S.3.3) ACTION: Authorized the sole source purchase of radar feedback replacement signs and equipment from Fortel in an amount not -to- exceed $42,728. 3.17 Purchase of one Public Safety vehicle for the City of Orange Fire Department (OFD) from National Auto Fleet Group. (C2500.M.7) ACTION: Authorized the purchase of one four- wheel drive, crew cab pickup for OFD from National Auto Fleet Group, Watsonville, California, in the amount of $53,483; and authorized the City Manager to surplus the replaced vehicle. 3.18 Quitclaim of Public Utility Easement on North Side of 22 Freeway, East of Lewis Street from the City of Orange to the Orange County Transportation Authority (OCTA), and accept new waterline easement deed from OCTA. (D4000.0) ACTION: Approved the quitclaim of the public utility easement to OCTA, and authorized the Mayor to sign the quitclaim deed; and authorized the Mayor to accept the new waterline easement deed from OCTA. 3.19 Fiscal Year Ended 2017 Measure M2 Expenditure Report. Resolution 11041. (C2500..1) A Resolution of the City Council of the City of Orange concerning the Fiscal Year Ended June 30, 2017, Measure M2 Expenditure Report for the City of Orange. ACTION: Approved Resolution No. 11041. PAGE 6 CITY COUNCIL MINUTES NOVEMBER 14, 2017 3. CONSENT CALENDAR (Continued) 3.20 Classification, Compensation, and Terms of Service for Part -Time and Seasonal Employees. Resolution No. 11042. (C2500.J.4.7) A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment for Part -Time and Seasonal Employees of the City of Orange Effective July 1, 2017, through and including June 30, 2018, and repealing Resolution No. 10962 and amendments thereto, for said employees. ACTION: Approved Resolution No. 11042. 3.21 Authorization for the submittal of funding applications to the Orange County Transportation Authority. Resolution No. 11043. (T2200.0) A Resolution of the City Council of the City of Orange approving the submittal of funding applications to the Orange County Transportation Authority for funding under the Comprehensive Transportation Funding Program. ACTION: Approved Resolution No. 11043. 3.22 Redistribution of property tax revenues from the City of Orange to the City of Garden Grove due to the Lewis Street Reorganization of .901 acres of property located at Lewis Street and Garden Grove Blvd. Resolution No. 11044. (A3100.0) A Resolution of the City Council of the City of Orange agreeing to a redistribution of property tax revenue due to the reorganization of .901 acres of property located at Lewis Street and Garden Grove Blvd. from the City of Orange to the City of Garden Grove, pursuant to Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000. ACTION: Continued to the December 12, 2017, City Council meeting. MOTION — Murphy SECOND — Nichols AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Mayor pro tern Murphy recorded an abstention on Item 3.12. Items 3.5 and 3.22 were continued to the December 12, 2017, City Council meeting. Item 3.14 was removed from the Consent Calendar for public comment and heard separately. Item 3.15 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 7 CITY COUNCIL MINUTES 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS NOVEMBER 14, 2017 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 Community Communications There was nothing to report as Councilmember Alvarez was absent. Cities and Non - profit Collaboration Mayor Smith attended the Commission to End Homelessness meeting on October 27, 2017. A detailed report was given at that meeting regarding the Coordinated Entry System which is a continuum of care to house people in Orange County. She reported on the many things being done to house families, seniors, veterans, and disabled persons. Information can be found on the 211 OC website. County Engageme Councilmember Whitaker and Mayor pro tem Murphy met with Anaheim City Councilmember Kris Murray to discuss the interactions between the two cities and the County. In order to enforce anti - camping laws, there must be open shelter beds. The City of Anaheim may have a temporary site available to add more shelter beds. Mayor pro tem Murphy also reported that conversations continue to take place with County Supervisor Spitzer. Orange Police Chief Tom Kisela provided a brief update on the operations in the riverbed and the Orange Police Department's involvement with that effort. 6.2 Consideration of Removal of Adrienne Gladson from the Planning Commission. Mayor Smith removed this item from the agenda. No action was taken. PAGE 8 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS NOVEMBER 14, 2017 7.1 Temporary closure of West Palm Avenue between North Cypress Street and North Lemon Street for the Orange Home Grown Farmers and Artisans Market. Resolution No. 11045. (S4000.0) A Resolution of the City of Orange temporarily closing West Palm Avenue between North Cypress Street and North Lemon Street every Saturday 7:00 a.m. to 2:00 p.m., starting January 6, 2018, continuing weekly as a condition of the Temporary Use Permit for the Orange Home Grown Farmers and Artisans Market. Public Speaker Megan Penn — thanked the City and staff for their work on getting this accomplished. MOTION — Whitaker SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to approve Resolution No. 11045. 7.2 Four -year Agreement with the Orange Plaza Rotary (OPR) to use the Orange Plaza area for their Annual Car Show. (A2100.0; AGR- 5541.8) MOTION — Murphy SECOND — Nichols AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to continue this item to the December 12, 2017, meeting. 7.3 Relocation Agreement with Outfront Media, LLC for the replacement of a traditional billboard to a digital LED billboard located at the SR 55 Freeway and Katella Avenue. (A2100.0; AGR -6557) City Manager Otto introduced the item, and Finance Director Will Kolbow provided the staff report and answered Council's questions. Mr. Kolbow indicated that Outfront Media would pay the mitigation fees. The traditional billboards will be permanently removed if the relocation agreement is approved. The City would be allowed to use the digital billboard for emergency alerts and advertisement of community events /programs. Public Speakers Josh Scharfberg, applicant — spoke in support and answered Council's questions regarding the brightness of the screens, which have an adjuster and will be less bright at night. Mel Vernon, Phyllis Beam, Patricia Gunderman, and Denis Bilodeau spoke in opposition. PAGE 9 CITY COUNCIL MINUTES NOVEMBER 14, 2017 7. ADMINISTRATIVE REPORTS (Continued) During discussion, Mr. Kolbow clarified that the agreement cannot be fully executed unless changes to the City's zoning code are made. Restrictions and requirements can be added to the code to minimize driver distractions. The applicant explained that emergency messaging is guaranteed and automatic; and community messaging is done based on available space, however, the vendor can work with staff if space is needed for a special event. MOTION — Whitaker SECOND — Nichols AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to approve a Relocation Agreement with Outfront Media, LLC, and direct staff to move forward with preparing changes to the City's zoning code to allow for the conversion of traditional billboards to digital for Planning Commission and City Council approvals. 7.4 Classification, compensation, and terms of employment of executive directors and top management employees of the City of Orange effective July 1, 2017, through and including June 30, 2018. Resolution No. 11028. (C2500.J.4.6) A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment of executive directors and top management employees and repealing Resolution No. 10904 and amendments thereto. MOTION — Smith SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to approve Resolution No. 11028. 7.5 Extension of City Manager Employment Agreement. (A2100.0; AGR- 6198.A.1) MOTION — Nichols SECOND — Smith AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to approve extension of Employment Agreement with City Manager Richard Otto. 8. REPORTS FROM CITY MANAGER — None PAGE 10 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS NOVEMBER 14, 2017 9.1 An Ordinance Repealing Ordinance No. 10 -11 returning the zone district designation for property located on the former site of Ridgeline Golf Course. Ordinance No. 09- 17 (First Reading). (A2500.0) An Ordinance of the City Council of the City of Orange Repealing Ordinance No. 10 -11 and returning the Zone District Designation for Approximately 47 acres of property located on the site of the former Ridgeline Golf Course to solely recreation/open space (ro). Public Speaker Theresa Sears — spoke in favor of approving the Ordinance for First Reading. MOTION — Nichols SECOND — Smith AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to approve Ordinance No. 09 -17 for First Reading. 9.2 An Ordinance Repealing Ordinance 11 -11 rescinding the approval of a Development Agreement with Milan REI IV, LLC. Ordinance No. 10-17 (First Reading). (A2500.0) An Ordinance of the City Council of the City of Orange Repealing Ordinance No. 11 -11, Rescinding the Approval of a Development Agreement by and between the City of Orange and Milan REI IV, LLC for approval of the development of approximately 51 acres of property on the site of the former Ridgeline Golf Course, in the Community of Orange Park Acres. Motion made by Mayor pro tem Murphy to approve Ordinance 10 -17 for First Reading. During discussion, Councilmember Whitaker asked if Ordinance No. 11 -11 is rescinded if the developer would no longer be required to pay attorney fees and also asked if the item could be continued. After further discussion, City Attorney Winthers suggested a better cause of action would be to continue the item. Due to a lack of a Second, the motion to approve Ordinance 10 -17 for First Reading failed. MOTION — Whitaker SECOND — Nichols AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to continue this item to the December 12, 2017, meeting. RECESS: The City Council took a short recess at 8:09 p.m. and reconvened at 8:21 p.m. with all members present, except Councilmember Alvarez who was absent. PAGE 11 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) NOVEMBER 14, 2017 9.3 An Ordinance prohibiting the act of aggressive solicitation. Ordinance No. 05 -17 (Second Reading). (A2500.0) An Ordinance of the City Council of the City of Orange adding a New Chapter 9.34 to the Orange Municipal Code prohibiting the act of aggressive solicitation. Public Speakers The following people spoke in opposition of adopting the Ordinance: Kyler Asato, Atty McLellan, Brad West, Mohammed Aly, and Jestin Sampson. MOTION — Whitaker SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez Moved to adopt Ordinance No. 05 -17. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None 11. PUBLIC HEARINGS 11.1 Approval of a 94 unit Multifamily Residential Development at 1725 West Katella Avenue. Branch West Apartment Project. (A2100.0; AGR -6541) Time set for a public hearing to consider the approval of a 94 -unit apartment complex with podium parking. NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with employment and left the dais at 8:37 p.m. Assistant Community Development Director Anna Pehoushek provided the staff report and answered Council's questions regarding the administrative adjustment and the mechanical parking lifts. The width of the driveway is being reduced by one foot. In addition, a revised Resolution has been prepared to address the lifts and remove the parking reduction from the original proposed project. Additional conditions of approval have also been included to ensure that the parking structure is designed to accommodate the lifts. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Brad Perozzi, applicant — thanked staff and spoke in favor of approving the project. Mel Vern — spoke in opposition of the project. THE MAYOR CLOSED THE PUBLIC HEARING. PAGE 12 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) NOVEMBER 14, 2017 During discussion Mayor Smith raised concerns about the trash collection. The applicant explained that there will be trash shoots that will drop the trash down and collect in bins in the parking garages. The bins are then brought out to the large garbage trucks. Mayor Smith asked that signage be strategically placed clearly stating trash collection days and times to avoid any accidents. Mayor Smith would also like to ensure that the City approves the lease disclosure prior to any units being leased. Resolution No. 11039 A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. ENV. 1853-16, Associated Mitigation Monitoring and Reporting Program, and Errata for the Branch West Apartment Project located at 1725 W. Katella Avenue. MOTION — Nichols SECOND — Murphy AYES — Alvarez, Smith, Murphy ABSENT (RECUSED) — Whitaker ABSENT — Alvarez Moved to approve Resolution No. 11039. Ordinance No. 07 -17 (First Reading) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1284- 16 rezoning property located at 1725 West Katella Avenue to Urban Mixed Use to establish consistency between the Urban Mixed Use General Plan Land Use Designation and zoning classification in accordance with State Law. MOTION — Nichols SECOND — Smith AYES — Alvarez, Smith, Murphy ABSENT (RECUSED) — Whitaker ABSENT — Alvarez Moved to approve Ordinance No. 07 -17 for First Reading and same was set for Second Reading by the preceding vote. Ordinance No. 08 -17 (First Reading) An Ordinance of the City Council of the City of Orange approving a development agreement for the Branch West Apartment Project located at 1725 West Katella Avenue. MOTION — Nichols SECOND — Murphy AYES — Alvarez, Smith, Murphy ABSENT (RECUSED) — Whitaker ABSENT — Alvarez Moved to approve Ordinance No. 08 -17 for First Reading and same was set for Second Reading by the preceding vote. PAGE 13 CITY COUNCIL MINUTES NOVEMBER 14, 2017 11. PUBLIC HEARINGS (Continued) Resolution No. 11040 A Resolution of the City Council of the City of Orange approving Major Site Plan Review No. 0883 -16, Design Review No. 4888 -16, and Administrative Adjustment No. 0248 -17 for a new 94 -unit multifamily residential development located at 1725 West Katella Avenue. MOTION — Nichols SECOND — Murphy AYES — Alvarez, Smith, Murphy ABSENT (RECUSED) — Whitaker ABSENT — Alvarez Moved to approve amended Resolution No. 11040 with the added conditions that the trash collection process is clearly delineated with the days, times, and locations of trash bins; and that the lease disclosure is included in the documents as part of the City approval process so that residents are fully aware that the units they are leasing are adjacent to a community property with nighttime activity. 12. ADJOURNMENT — The City Council adjourned at 9:24 p.m. The next Regular City Council Meeting will be held on Tuesday, December 12, 2017, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. t AR MU'dPH Y TERESA E. SMITH CITY CLEa MAYOR PAGE 14