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Council Minutes 09/12/17APPROVED BY THE CITY COUNCIL ON OCTOBER 24, 2017 CITY COUNCIL MEETING MINUTES ORANGE, CALIFORNIA SEPTEMBER 12, 2017 The City Council of the City of Orange, California convened on September 12, 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 — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols 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 Nichols who was absent. a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Laura Kalty, Special Counsel Employee Organizations: All Bargaining Groups and Unrepresented Employees. b. Public employee performance evaluation pursuant to Government Code Section 54957: Title: City Manager 4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, August 8, 2017, in the Council Chamber. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING SEPTEMBER 12, 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 Pastor Danny Kurimay from Bridge Community Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Mark A. Murphy. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by the Sons of Italy to the Orange Public Library Presentation of a Proclamation Celebrating September as Literacy Month Presentation by the Orange Public Library Foundation to the Orange Public Library Presentation to John Hernandez, President Santiago Canyon College Mayor pro tern Murphy announced the 21" Annual Inner - Coastal and Watershed Clean -up Day on September 16. 2. PUBLIC COMMENTS Rosemary Sieve — spoke regarding the speeding traffic on Shaffer Street. Kathleen Green — spoke regarding the speeding traffic on Shaffer Street and the unsafe conditions for the crossing guards and pedestrians. Jim Shoffit, Boy Scout Troop 241 — spoke about the Scouting for Food program in Orange. Carol Walters — spoke regarding the homeless in Orange. Renee Mascolo — spoke regarding the homeless in Orange. Jeff Hall — spoke regarding the homeless in Orange. PAGE 2 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 2. PUBLIC COMMENTS (Continued) Mark Menashe — spoke regarding the homeless in Orange. Steve Lichten — spoke regarding the negative impact of rental properties and boarding houses in Orange neighborhoods. Robert Walters — spoke regarding the homeless in Orange and the need for a regional solution. Carole Pei — spoke regarding the homeless in Orange and requested the issue be placed on the next City Council agenda. Priscilla Selman — spoke regarding the homeless in Orange and the safety issues in Pitcher Park. Kimberly O' Neill — spoke regarding the homeless issue and the need for a regional solution. Michael Chenevert — spoke regarding the speeding traffic on Shaffer Street and suggested installing additional signage. Virginia Lorimor — spoke regarding the homeless in Orange. Fred Rea — spoke regarding the homeless in Orange and suggested community based events to fundraise for homeless solutions. Malinda Willmore — spoke regarding the homeless in Orange and the need for a regional solution. Dianne Kropidlowski — spoke regarding the homeless and illegal behavior causing safety issues at Pitcher Park. Darcey Young — spoke regarding the homeless and requested the issue be placed on a City Council agenda. Karen Logan — spoke regarding a lighting issue with a neighbor. Juan Bustillo — spoke regarding the homeless and the need for increased funding for affordable housing. Brad West — spoke regarding the homeless issue and the need for the County to allocate more funding for permanent supportive housing. Matthew Cunningham — spoke regarding the homeless in Orange and the need for a regional solution. Craig Wooldridge — spoke regarding the homeless in Orange and the need for a coordinated effort with surrounding agencies. PAGE 3 CITY COUNCIL MINUTES 2. 3. 3.1 3.2 3.3 3.4 3.5 SEPTEMBER 12, 2017 PUBLIC COMMENTS (Continued) Rebecca Bates — spoke regarding the homeless in Orange and its effects on her business. Bill Masters — spoke regarding the homeless and its effects on Orange business owners and their customers. Jerome Ryan — spoke regarding the dormitory housing of Chapman students in Old Towne Orange, and the increasing homeless population in Orange. 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. Confirmation of warrant registers dated August 1, August 4, August 10, August 15, August 18, August 23, August 24, August 31, and September 1, 2017. (C2500.J.1.7) ACTION: Approved. City Council Minutes, Regular Meeting of August 8, 2017 and Special Meeting of August 29, 2017. (C2500.D.4) ACTION: Approved. Waive reading in full of all ordinances on the Agenda. ACTION: Approved. Investment Oversight Committee Report for the period ending August 31, 2017. (OR1800.0.27.16) ACTION: Received and filed. Third Amendment to Agreement No. 6331 with Raftelis Financial Consultants in the amount of $10,579. (A2100.0; AGR- 6331.3) ACTION: Approved Third Amendment to Agreement No. 6331 with Raftelis Financial Consultants in the amount of $10,579 and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) 3.6 Second Amendment to Agreement with BC Traffic Specialist for installation of traffic striping, pavement markings, and raised pavement markers at various locations within the City of Orange in an amount not -to- exceed $139,855. (A2100.0; AGR- 6260.2) ACTION: Approved Second Amendment to Agreement 6260 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Consultant Services Agreement with Page & Turnbull, Inc. to prepare design standards for historic district designation of three historic Eichler Tracts. (A2100.0; AGR -6516) ACTION: 1) Approved the Consultant Services Agreement with Page & Turnbull, Inc. to develop design standards for the Eichler Tracts for a not -to- exceed cost of $70,000; and 2) Authorized the appropriation of $40,000 from unreserved fund balance to account number 100.6021.51660.00000: Current Planning — Other Professional & Consulting Services. 3.8 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 $35,395 in grants from CalRecycle and appropriated to the following revenue account number 220.5022.45290.20361, State Grants — Beverage Container 16 -17; and 2) Authorize the appropriation of $35,395 into the following expenditure account numbers: 220.5022.51001.20361 -Bev. Cont. Recycling 16- 17— Contractual Services, $17,000 and 220.5022.53001.20361 -Bev. Cont. Recycling 16- 17— Materials & Supplies, $18,395. 3.9 Appropriation of Donation from the Orange Public Library Foundation (Foundation) of $8,450. (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $8,450 donation from the Foundation into revenue account number 100.2001.48390.19322 (Foundation Donations); and 2) Authorized the appropriation of $8,450 into expenditure account number 100.2001.53301.19322 (Library Books - Foundation). 3.10 Approve the proposed List of Streets to be funded by RMRA, and adjust the City's budget to properly track the expenditure of these funds. (S4000.S.7) ACTION: 1) Approved the proposed List of Streets (Attachment "A" of the staff report) to be funded by RMRA; and 2) Authorized the budget adjustment of $815,000 to the FY18 Annual Budget revenue estimate and expenditure appropriation as follows: 272.5011.45220.00000 State Gas Tax ($815,000) 272.5011.56330.13120 Pavement Management Program ( 815,000) 274.5011.45220.00000 State Gas Tax 815,000 274.5011.56330.13120 Pavement Management Program 815,000 PAGE 5 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) 3.11 Fiscal Year 2017 -2018 (FY18) CIP Amendment for addition of a BioClean Hydrodynamic Separator Unit and Connector Pipe Screens. (T2200.0) ACTION: 1) Accepted into the City's revenue budget a $300,000 grant from OCTA, into revenue account number 550.5022.45495.30098, Capital Projects — Grant Revenue; 2) Authorized the appropriation of $300,000 into expenditure account number 550.5022.56330.30098, Capital Projects - Installation of BioClean Unit on Orangewood Avenue; 3) Authorized the appropriation of $75,000 from the Sanitation and Sewer unreserved fund balance to expenditure account number 220.5022.56330.30098, Sanitation and Sewer — Installation of BioClean Unit on Orangewood Avenue; and 4) Authorized amendment of the FY 2017 -18 CIP to include Orangewood Avenue BioClean Unit and Connector Pipe Screens Installation Project. 3.12 Grant #PT18107 from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program for Federal Fiscal Year 2018. (A2100.0; AGR -6517) 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; and 2) Accepted into the City's revenue budget a $254,000 grant from the California OTS into revenue account number 100.4041.45290.30097, General Fund- FY18 OTS Selective Enforcement Program; and 3) Authorized the appropriation of $254,000 into the following Traffic Program expenditure accounts: 100.4041.50221.30097 100.4041.5 0222.3 0097 100.4041.51830.30097 100.4041.5 5131.3 0097 3.13 CLAIMS (C3200.0) Overtime — Safety OTS Grant 17 -18 $225,231 Overtime — Miscellaneous OTS Grant 17 -18 19,962 Overnight Training OTS Grant 17 -18 3,067 Equipment OTS Grant 17 -18 5,740 Total $254,000 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. Olga Torres b. Samantha Galuppo c. Michael Stern d. Elva Ruacho e. Souzan Ayoub f. Creative Home dba CHI Construction g. Irene Aguilar ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster. PAGE 6 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) 3.14 Award of contract for Bid No. 167 -47, Emergency Generator for Reservoir 9A Pump Station. (A2100.0; AGR -6518) ACTION: Awarded the contract in the amount of $128,934 to ACS Engineering, Inc.; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.15 Award of contract for Bid No. 178 -04, Fire Station No. 7 Parking Lot Light Poles Replacement. (A2100.0; AGR -6519) ACTION: Awarded the contract in the amount of $29,259 to ND Construction Company, Inc.; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.16 Contract Change Order No. 1- Bid No.167 -08; Annual Water Main Renewal Project. (A2100.0; AGR -6463) ACTION: Approved Contract Change Order No. 1 in the amount of $818,536.34 to Big Ben Engineering, Inc. for additional work. 3.17 Contract Change Order No. 1 and Final for Agreement 6464, Bid No. 167 -27, Annual Concrete Replacement Project at Various Locations, Fiscal Year 2016 -2017. (A2100.0; AGR- 6464.1) ACTION: Approved Contract Change Order No. 1 and Final in the amount of $126,582 to EBS General Engineering, Inc. for the extra work. 3.18 Final Acceptance of Bid No. 167 -27; Annual Concrete Replacement Project at Various Locations FY 16 -17; Project performed by EBS General Engineering, Inc; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of Suretec Insurance Company State of Texas, Bond No. 4412244 in the amount of $289,400.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.19 Final Acceptance of Bid No. 167 -35; Heim Avenue at Canal Street Storm Drain Improvements; Project performed by Vido Samarizich, Inc; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit Company of Maryland, Bond #08712156, in the amount of $99,018.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 7 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) (ITEM WITHRAWN FROM THE AGENDA) 3.20 Final Tract Map No. 18081; Glassell Townhomes. ACTION: Item 3.20 withdrawn from the agenda. 3.21 Purchase of eleven Public Safety vehicles for Orange Police Department (OPD). (C2500.M.7) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Authorized the purchase of a total of nine vehicles from Ford of Orange, Orange, CA, for the OPD in the amount of $321,963 as follows: Five (5) Ford Black & White Police Patrol Utility Vehicles; one (1) Ford Black & White Police K -9 Utility Vehicle; one (1) Ford Gang Utility Unit Vehicle; one (1) Unmarked Police Detective Utility Vehicle; and one (1) F -150 1 /2 Ton V8 Pickup for OPD Traffic; 2) Authorized the purchase of two Police Pursuit -Rated Tahoes for OPD from National Auto Fleet Group, Watsonville, CA, in the amount of $88,047; 3) Awarded a contract for building /outfitting eight of the above Police Patrol, Gang and Detective Vehicles to Hi Standard, of Orange, CA, in the amount of $136,063; and 4) Authorized the City Manager to surplus the replaced vehicles. 3.22 Purchase of eight miscellaneous vehicles for various Departments. (C2500.M.7) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Authorized the purchase of three (3) half -ton service trucks, and one (1) mid- size utility from Ford of Orange for the amount of $132,547; 2) Authorized the purchase of four (4) Zero Emission Electric Vehicles from Ford of Orange for the amount of $123,787; 3) Authorize the appropriation of $74,764 from the AB 2766 Air Pollution Reduction Fund 245 (AQMD) unreserved fund balance to expenditure account number 245.5023.55212.00000 Motor Vehicle Replacements; and 4) Authorized the City Manager to surplus the replaced vehicles. 3.23 Relocate easement for storm drain purposes at 419 -420 W. Brenna Lane. (D4000.0) ACTION: Authorized the Mayor to sign the quitclaim deed for the existing storm drain easement and accept the new storm drain easement that is granted to the City. 3.24 Approving Christmas Holiday Closure. Resolution No. 11024. (C2500.J.4) A Resolution of the City Council of the City of Orange regarding the 2017, 2018, and 2019 Christmas Holiday Closure. ACTION: Approved Resolution No. 11024. PAGE 8 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 3. CONSENT CALENDAR (Continued) 3.25 Approval of a temporary closure a half -block section of North Cypress Street between West Palm and West Maple Avenue on October 7, 2017, to facilitate a special event at Chapman University. Resolution No. 11026. (S4000.S.4) A Resolution of the City Council of the City of Orange temporarily closing a half -block section of North Cypress Street between West Palm and West Maple Avenue from 11:00 a.m. to 4:00 p.m., Saturday, October 7, 2017, to facilitate a special event at Chapman University. ACTION: Approved Resolution No. 11026. 3.26 Authorizing the write -off of two small business assistance loans. Resolution No. SAORA -027. (RA2100.0) A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency authorizing the write -off of two Small Business Assistance loans that are in default. ACTION: Approved Resolution No. SAORA -027. MOTION — Whitaker SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Mayor pro tem Murphy recorded an abstention on Items 3.21 and 3.22. Item 3.20 was withdrawn from the agenda. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH Mayor Smith requested that staff bring back a report to the next Council meeting outlining how the City has been addressing and will continue to address the homeless issue; and how the City will support the County's efforts in patrolling the riverbed. Council would like to see a multi - departmental report and any costs associated with any increased efforts. In addition, the City Attorney was directed to look at current vagrancy and panhandling laws and to report back with any necessary amendments. It was also suggested that an ad -hoc committee be created to work with the County. PAGE 9 CITY COUNCIL MINUTES SEPTEMBER 12, 2017 5. REPORTS FROM COUNCILMEMBERS Councilmember Alvarez requested that the Council direct the City Attorney to review any existing City laws pertaining to panhandling, vagrancy, loitering, or anti - camping; and to bring back a report with any necessary amendments and costs associated with revising these ordinances. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Approval of a two -year extension of the Solid Waste Franchise Agreement between the City of Orange and CR &R Environmental Services. Resolution No. 10998. (A2100.0; AGR- 5444.1) Administrative Manager Greg Warren provided a brief staff report, and clarified that approval of the Resolution only approves an extension of the existing agreement with all stipulations remaining the same. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to approve Resolution No. 10998 to extend the existing Agreement between the City and CR &R from February 1, 2018, until January 31, 2020. 7.2 Approval of an agreement with Convergint Technologies for equipment and installation of video surveillance systems. (A2100.0; AGR -6520) Finance Director Will Kolbow provided a staff report and answered Council's questions regarding the placement of cameras on specific buildings. Mr. Kolbow assured Council that the Orange Police Department was involved with the design ensuring any areas of concern will be monitored with the new surveillance system. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy ABSENT — Nichols Moved to: 1) Approve agreement with Convergint Technologies in the revised amount of $805,988.78, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City; 2) Authorize the appropriation of $100,000 from Information Technology (790) unreserved fund balance to account number 790.4011.56032.20264; and 3) Authorize the appropriation of $37,000 from Library Development Impact Fees (573) unreserved fund balance to account number 573.2004.56020.30057. PAGE 10 CITY COUNCIL MINUTES 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS — None SEPTEMBER 12, 2017 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None 11. PUBLIC HEARINGS —None 12. ADJOURNMENT — The City Council adjourned at 8:15 p.m. The next Regular City Council Meeting will be held on Tuesday, October 10, 2017, at 4:30 p.m. for an Employee Recognition. The Regular Meeting will be at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. E MURPHY CITY CLERK TERESA E. SMITH MAYOR PAGE 11