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Council Minutes 07/11/17APPROVED BY THE CITY COUNCIL ON AUGUST 8, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES JULY 11, 2017 The City Council of the City of Orange, California convened on July 11, 2017, at 4:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS — None 3. EMPLOYEE SERVICE AWARDS Recognition of Employee Service. 4. RECESS — The City Council recessed at 5:00 p.m. to the Closed Session. The next Regular City Council Meeting will be held on Tuesday, July 11, 2017, at 6:00 p.m. in the Council Chamber. CITY COUNCIL MINUTES 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS — None JULY 11, 2017 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00 p.m. with all Members present. a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a), one case: Case: Obremski v. City of Orange Orange County Superior Court Case No. 30- 2016 - 00872376 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Laura Kalty, Special Counsel. Employee Organizations: All Bargaining Groups. 4. ADJOURN TO REGULAR MEETING — At 6:05 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, July 11, 2017, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING JULY 11, 2017 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:08 p.m. 1.1 INVOCATION Given by Father Bruce Patterson from St. Norbert Catholic Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred M. Whitaker. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of a Proclamation Recognizing July as Parks & Recreation Month. Presentation of the Orange Section American Planning Association Award to the Orange Home Grown Farmers Market. Presentation of a Proclamation for the 40 anniversary of the Mariposa Women and Family Center. Mayor pro tem Murphy announced that the Orange Police Department will be hosting National Night Out, Orange's night out against crime, on Tuesday, August 1; and the Concerts in the Park series at the Hart Park Band Shell will continue every Wednesday from 7:00 — 8:30 p.m. through August 9. 2. PUBLIC COMMENTS Laurie Tyler, Financial Partners Credit Union — expressed concerns with homeless people loitering and harassing clients that are entering and leaving the building. Fred Francis — spoke regarding an incident that happened to his family at Hart Park Pool and asked that pool rules be clearly posted for the public to see. Darrel Ferguson, Surfrider Foundation — spoke regarding the non - profit organization's effort to keep trash and pollution out of the ocean. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR JULY 11, 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, June 9, 15, 23, and 29. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of June 13, 2017. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Consultant Services Agreement with Joseph C. Truxaw and Associates, Inc. for the design and plan preparation of the 12" water main crossing the railroad track on Batavia Street. (A2100.0; AGR -6492) ACTION: Awarded Consultant Service Agreement to Joseph C. Truxaw and Associates, Inc. of Orange, California, in an amount not -to- exceed $19,475 and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.5 Agreement to purchase and install irrigation booster pumps at Serrano and Santiago Hills Parks. (A2100.0; AGR -6493) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Approved Agreement with STL Landscape, Inc. in the amount of $98,000 and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.6 Agreement to install Calsense central irrigation system controllers at Fred Barrera, Belmont, Serrano, and Santiago Hills Parks. (A2100.0; AGR -6494) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Approved Agreement with STL Landscape, Inc. in the amount of $98,000 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Agreement for Yorba Park Electrical Improvements. (A2100.0; AGR -6495) ACTION: Approved agreement with Academy Electric, Inc. for a not -to- exceed amount of $117,563 and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) JULY 11, 2017 3.8 First Amendment to Attorney Services Agreement with the law firm Liebert Cassidy and Whitmore to provide for an additional $75,000 for legal services related to labor negotiations for a total amount not -to- exceed $135,000. (A2100.0; AGR- 6025.B.1) ACTION: Approved First Amendment with Liebert Cassidy Whitmore; and authorized the Mayor and City Clerk to execute on behalf of the City. (ITEM REMOVED AND HEARD SEPARATELY) 3.9 Lease Agreement with Selman Chevrolet Company for 180 South Water Street, Assessor Parcel Number (APN) 390 - 452 -05. (A2100.0; AGR -6496) Mayor pro tem Murphy commended staff for their work on this item. MOTION — Murphy SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Lease Agreement between the City of Orange and Selman Chevrolet; and authorized the City Manager to execute the Lease Agreement on behalf of the City. 3.10 Number not used. 3.11 Appropriation of $150,000 for a General Plan Amendment related to the Detachment of the East Orange Planning Areas 1 and 2 from the City. (C2500.G.2.0) ACTION: Authorized appropriation of $150,000 from Unreserved General Fund balance into expenditure account number 100.6011.51670.20364, Professional & Consulting Services — E. Orange Detachment. 3.12 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. Jazmin Vega b. Debra Sue Black c. Estate of Michael Anthony Perez d. Jesuz Martinez e. Michael Perez, Jr. f. Erika Perez g. Damian Murillo h. David Perez i. Devine Perez j. Delilah Perez k. Monique Perez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 5 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) JULY 11, 2017 3.13 Award of contract - Bid No. 167 -49 (SP- 4003); Mechanical Services and Preventive Maintenance for Heating Ventilation, and Air Conditioning Equipment (HVAC) at Various City Buildings. (A2100.0; AGR -6497) ACTION: Awarded the contract in the amount of $94,875 to Diversified Thermal Services, Inc.; and authorized the Mayor and City Clerk to execute the documents on behalf of the City. 3.14 Award of contract - Bid No. 167 -50 Well 26 Variable Frequency Drive (VFD) Replacement. (A2100.0; AGR -6498) ACTION: Awarded a contract in the amount of $111,723 to Brithinee Electric, Inc.; and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.15 Final Acceptance of Bid No. 156 -46; S -238; Sewer Line Replacement on Shaffer Street from 330 -ft North of Chapman Avenue to Walnut Avenue; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of Financial Pacific Insurance Company, Bond No. 54- 210920 in the amount of $1,034,103 to the contractor on said job, and authorized the Mayor and city Clerk to execute the Notice of Completion. 3.16 Final Acceptance of Bid No. 167 -05; SP -3960; Yorba Park Grading Project; and authorization to file the Notice of Completion with the County Recorder. o staff report required.) ACTION: Accepted public work improvements, authorized release of Philadelphia Indemnity Insurance Company State of Pennsylvania, Bond No. CE 11510701025 in the amount of $386,120 to the contractor on said job, and authorized the Mayor and city Clerk to execute the Notice of Completion. 3.17 Final Acceptance of Bid No. 167 -32; SP -3992; Roof Coating at Main Library; and authorization to file the Notice of Completion with the County Recorder. o staff report required.) ACTION: Accepted public work improvements, authorized release of Developers Surety and Indemnity Company of California, Bond No. 803612P in the amount of $ 97,805 to the contractor on said job, and authorized the Mayor and city Clerk to execute the Notice of Completion. 3.18 Final Acceptance of Bid No. 167 -27; SP -3983; CDBG ADA Wheelchair Access Ramp Replacement at Various Locations, FY 2016 -2017; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) ACTION: Accepted public work improvements, authorized release of Merchants Bonding Company (Mutual) State of Iowa, Bond No. CAC714689 in the amount of $225,000 to the contractor on said job, and authorized the Mayor and city Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL MINUTES JULY 11, 2017 3. CONSENT CALENDAR (Continued) 3.19 Request to close the Orange Public Library & History Center (OPL & HC) and the two branches (Taft & El Modena) to accommodate various events and holidays. ACTION: Approved closure of Orange Public Library facilities to the public as follows: OPL & HC: Friday, September 1S at 2:30 p.m. and Saturday, September 2nd all day for the Orange International Street Fair. All Libraries: Saturday, November 11 all day for Veterans Day. All Libraries: Wednesday, November 22 at 6:00 p.m. for Thanksgiving. All Libraries: Monday, January 15 all day for Staff Development Day. 3.20 Purchase of print materials for the Orange Public Library from Baker & Taylor, Inc. ACTION: 1) Approved purchase order for print materials from Baker & Taylor, Inc., in the amount of $100,000; and 2) Authorized the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print materials. 3.21 Purchase of Calsense central irrigation system controllers and related equipment for Fred Barrera, Belmont, Serrano and Santiago Hills Parks. NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Approved purchase from SiteOne Landscape Supply LLC in the amount of $55,614.53. 3.22 Purchase of a portion of the property at 120 N. Tustin Street for the purpose of street widening for the purchase price of $18,900, plus related escrow costs. (D4000.0) ACTION: Approved the purchase of a portion of the property at 120 N. Tustin Street; and authorize the Mayor and City Clerk to execute the necessary escrow and related documents. 3.23 Purchase of one Type 3 Fire Engine Public Safety Vehicle for Orange City Fire Department. (C2500.H) ACTION: 1) Authorized the purchase of one piece of Fire Apparatus (4wd Brush Truck) for the Orange City Fire Department from HME, Inc. located in Wyoming, Michigan, in the amount of $354,498; 2) Authorized the purchase of Equipment and Supplies needed to outfit Type 3, 4wd (Brush Truck) from various vendors in the amount of $46,090; 3) Authorized the purchase of Communication Equipment, including radio(s), Mobile Data Computer, and GPS Unit to outfit new Fire Apparatus to current OFD standards in the amount of $ 14,449; and 4) Authorized the City Manager to retain Unit 1638, a 1992 Fire Apparatus with 76,000 miles as a reserve Brush Truck. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Nichols recorded an abstention on Items 3.5, 3.6, and 3.21. Item 3.9 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 JULY 11, 2017 4.1 Consider Adjustment of Local Old Towne Orange Historic District Boundary. Mayor Smith stated that she brought this item to Council because there are many historical buildings not included in the historic district as the current boundaries were first established by the City Council in 1982. With Council consensus, Mayor Smith would like to request that staff review the boundaries and bring a report back to Council. Public Speakers Mary Anne Skorpanich — spoke in support of including other neighborhoods in the historic district. Doug Westfall — spoke in support of extending the boundary to include other historical buildings. Fred Francis — spoke in support of staff reviewing the boundaries. During discussion, Council agreed that the boundaries need to be reviewed. Staff was directed to bring back a report to Council regarding possible adjustments to the Old Towne Orange Historic District boundary. 4.2 Consider Re- zoning of Cypress Barrio and Nutwood Tract Properties to Single Family. Mayor Smith explained that inconsistent zoning exists in both the Cypress Barrio and Nutwood Tract. There is a need to re -zone these areas to be consistent with the General Plan. There is also a significant area of Hart Park that is zoned for R1 and R3 that should be designated as open space. Public Speakers Doug Westfall — spoke in support of rezoning these areas. Mary Anne Skorpanich — spoke in support of rezoning these areas. During discussion, City Manager Rick Otto answered Council's questions regarding noticing requirements and the current zoning inconsistencies that exist throughout the City. Council also raised concerns with creating areas that are legal non - conforming. Staff was directed to bring back a report with options for re- zoning the Cypress Barrio and Nutwood Tract properties. 5. REPORTS FROM COUNCILMEMBERS — None PAGE 8 CITY COUNCIL MINUTES JULY 11, 2017 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Application and Agreement for Southern California Edison to convert SCE -owned street lights to Light Emitting Diode (LED). (A2100.0; AGR -6499) City Manager Otto introduced the item and City Engineer Frank Sun provided a brief staff report. Mr. Otto clarified that there is no cost to the City. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve the Schedule LS -1 Option E, Energy Efficiency - Light Emitting Diode (LED) Fixture Replacement Rate Agreement with SCE; and authorized the City Manager to execute other documents related to the application process with SCE for retrofitting these street lights to LED. 7.2 Metrolink Parking Structure Construction — Closure of the Lemon Street parking lot. Resolution No. 11020. (C2500.M) A Resolution of the City Council of the City of Orange authorizing the long term closure of the Lemon Street parking lot on July 24, 2017, at 12:00 a.m., to allow for the construction of the Metrolink Parking Structure, located at 130 N. Lemon Street. City Manager Otto introduced the item. He reported that OCTA approved the contract for construction of the Metrolink Parking Structure last month and work is slated to begin in two weeks. Subsequently, the Lemon Street parking lot will be closed. Cars in the area have been provided a notice of the pending closure with alternative parking options during the anticipated 18 month construction project. In addition, OCTA's and the City's website have been updated. MOTION — Nichols SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 11020. 8. REPORTS FROM CITY MANAGER — None PAGE 9 CITY COUNCIL MINUTES 9. 9.1 10. LEGAL AFFAIRS ORDINANCE NO. 04-17 (Second Reading) (A2500.0) JULY 11, 2017 An Ordinance of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges relating to sewer rates. MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Nichols NOES — Murphy ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None 11. PUBLIC HEARINGS — None 12. ADJOURNMENT — The City Council adjourned at 7:39 p.m. The next Regular City Council Meeting will be held on Tuesday, August 8, 2017, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. MURPH CITY CLERK TERESA E. SMITH MAYOR PAGE 10