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Council Minutes 05/09/17APPROVED BY THE CITY COUNCIL ON JUNE 13, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES MAY 9, 2017 The City Council of the City of Orange, California convened on May 9, 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, Nichols ABSENT — None 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 a. 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 6:10 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, May 9, 2017, in the Council Chamber. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING MAY 9, 2017 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:11 p.m. 1.1 INVOCATION Given by Pastor Brenton Fessler from Refuge OC. 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 Presentation by Michael Markus, Orange County Water District. Proclamation Recognizing Donate Life Month. Proclamation Recognizing National Public Works Week, May 21 -27, 2017. Presentation to Willie and Ann Mattern. Presentation of a Retirement Resolution to Rebecca Serna. Mayor Smith announced events taking place at the Orange Public Library. 2. PUBLIC COMMENTS Jack Raubalt — introduced Chapman University Student Government Association President Mitchell Rosenberg Mitchell Rosenberg — introduced himself as the new 2017 -18 Chapman University Student Government Association President. Jerome Ryan — suggested that City Council extend the Public Comment speaker time from three minutes to five minutes, and move the Public Comment section before all the Presentations and Announcements. PAGE 2 CITY COUNCIL MINUTES 3. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 CONSENT CALENDAR MAY 9, 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. Confirmation of warrant registers dated April 6, April 14, April 20, and April 28, 2017. (C2500.J.1.7) ACTION: Approved. City Council Minutes, Regular Meeting of April 11, 2017. (C2500.D.4) ACTION: Approved. Waive reading in full of all ordinances on the Agenda. ACTION: Approved. Monthly Treasurer's Reports for January, February, and March 2017. (C2500.F) ACTION: Received and filed. Number not used. AGREEMENTS Participate in a one -time intergovernmental transfer (IGT) between the City of Orange and CalOptima. (A2100.0; AGR -6469) ACTION: 1) Approved agreements and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the transfer of $714,124 of reimbursable funds to the California State Department of Health Services. Fourth Amendment to Agreement with Conduent State and Local Solutions, Inc. for Information Technology Services. (A2100.0; AGR - 5700.4) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the Fourth Amendment to the Information Technology Services Agreement with Conduent State and Local Solutions, Inc., extending the Agreement for one year commencing July 1, 2017, and terminating on June 30, 2018, and authorized the Mayor to execute the Amendment. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MAY 9, 2017 3.8 Agreement to replace the Yorba Park Restroom /Storage Building and appropriation of Park Acquisition revenue. (A2100.0; AGR -6470) ACTION: 1) Appropriated $322,740 from unreserved Fund 510 (Park Acquisition - Infill) to Fund 510.7021.56020.20135 ( Yorba Park Renovation); and 2) Approved agreement with KASA Construction, Inc. for the not -to- exceed amount of $322,740 and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.9 Appropriation of funds received from State of California Office of Emergency Services. (C2500.H) ACTION: Accepted into the City's revenue budget a total reimbursement of $109,084.75 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Description of Reimbursement Project Account Revenue Amount Blue Cut Fire 40136 $48,843.01 Rey Fire 40137 20,310.17 Marshes Fire 40139 19,924.98 Sae Fire 40130 20,006.59 Total: $109,084.75 Authorized the appropriation into expenditure account number 100.3021.50221 — Overtime- Safety, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Blue Cut Fire 40136 $48,420.75 Rey Fire 40137 20,003.29 Marshes Fire 40139 19,924.98 Sae Fire 40130 1 20,006.59 Total: 1 $108,355.61 Authorized the appropriation into expenditure account number 100.3021.53860 — Strike Team Expenditures, within the project numbers and amounts as follows: Description of Expenditure Project Account Expenditure Amount Blue Cut Fire 40136 $422.26 Rey Fire 40137 306.88 Total: $729.14 PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MAY 9, 2017 3.10 Appropriation of Donation from the Orange Public Library Foundation (Foundation) of $30,000. (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $30,000 donation from the Foundation into revenue account number 100.2001.48390.19322 (Foundation Donations); and 2) Authorized the appropriation of $30,000 into the following expenditure account numbers: 100.2004.55131.19322 — Furniture, Machinery, Equip (Foundation) $20,000 100.2017.55131.19322 — Furniture, Machinery, Equip (Foundation) $10,000 $30,000 3.11 Number not used. 3.12 Acceptance and appropriation of $21,444 in energy efficiency rebates from Southern California Gas Company for replacement of Hart Park Pool equipment. (C2500.N) ACTION: 1) Accepted into the City's revenue budget an $11,994 rebate from Southern California Gas Company, into revenue account number 511.0000.48210.00000, Park Acquisition and Development - Expense Reimbursements; 2) Authorized an appropriation of $11,994 into expenditure account number 511.7021.56032.30043 Park Acquisition and Development - Hart Park Pool Heaters; 3) Accepted into the City's revenue budget a $9,450 rebate from Southern California Gas Company, into revenue account number 100.7022.48210.00000, General Fund - Expense Reimbursements; and 4) Authorized an appropriation of $9,450 into expenditure account 100.7022.53670.00000 General Fund - Other Maintenance Items. 3.13 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. GRBCON, Inc. b. George H. Witthoeft c. Timothy Rumford d. Candida Galvan e. John Silberstein f. Amanda Anselmi g. Jenna Nicole Boyer h. Kirsten Wallace ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 5 CITY COUNCIL MINUTES MAY 9, 2017 3. CONSENT CALENDAR (Continued) CONTRACTS 3.14 Final Acceptance of Bid No. 167 -15; Water Division Antenna Tower Installation project performed by Tashjian Towers Corporation; and authorization to file the Notice of Completion with the County Recorder. (No staff report required ACTION: Accepted public work improvements, authorized release of Indemnity Company of California, Bond No. 704916P in the amount of $137,303.16 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.15 Final Acceptance of Bid No. 167 -11; Orange City Hall Mechanical Roof Top Units Replacement Project performed by NKS Mechanical Contracting Inc; and authorization to file Notice of Completion with the County Recorder. (No staff report required ACTION: Accepted public work improvements, authorized release of Old Republic Surety Company in the State of Wisconsin, Bond No. WCN 2165155 in the amount of $$256,122.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.16 Award of Contract - Bid No. 167 -34; Annual Pavement Maintenance at Various Locations, Fiscal Year 2016 -2017. (A2100.0; AGR -6471) ACTION: Awarded the contract in the amount of $4,214,900 to R.J. Noble Company, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.17 Award of Contract - Bid No. 167 -37; Reservoir 5 Valves Replacement. (A2100.0; AGR -6472) ACTION: Awarded the contract in the amount of $67,540 to Valverde Construction, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. 3.18 Number not used. 3.19 Rate adjustment for street sweeping services. (A2100.0; AGR -5963) ACTION: Approved the 2% rate adjustment for CR &R. MAPS 3.20 Final Map for Tract 17816 — Marywood Hills. (T4000.0) ACTION: Approved Final Tract Map No. 17816 and accepted all dedications. PAGE 6 CITY COUNCIL MINUTES MAY 9, 2017 3. CONSENT CALENDAR (Continued) PURCHASES 3.21 Purchase new automated payment machines (APMs) used for print cost recovery at the Main Library, and execute the Smart Access Manager (SAM) End User License and Maintenance Agreement. (A2100.0; AGR -6473) ACTION: Authorized the purchase of new payment equipment and associated hardware and software from Comprise Technologies in an amount not -to- exceed $49,978; and authorized the Mayor and City Clerk to execute the SAM End User License and Maintenance Agreement on behalf of the City. REPORTS 3.22 City Traffic Commission Activity Report for 2016. (OR1800.0.19) ACTION: Received and filed. RESOLUTIONS 3.23 Recognition of Rebecca Serna for 16 years of service to the City of Orange. Resolution No. 10996. (C2500J) A Resolution of the City Council of the City of Orange Recognizing Rebecca "Becky" Serna for 16 Years of Loyal Service to the City of Orange and the Human Resources Department. ACTION: Approved. 3.24 Approval of Tentative Tract Map No. 0034 -14, Major Site Plan Review No. 0785 -14, Design Review No. 4768 -14, and Mitigated Negative Declaration No. 1841 -15, located at 6231 E. Wimbleton Court. Resolution No. 10999. (T4000.0) A Resolution of the City Council of the City of Orange approving Tentative Tract Map No. 0034 -14, Major Site Plan Review No.0785 -14, Design Review No. 4768 -14, and Mitigated Negative Declaration No. 1841 -15, located at 6231 E. Wimbleton Court. ACTION: Approved. PAGE 7 CITY COUNCIL MINUTES MAY 9, 2017 3. CONSENT CALENDAR (Continued) 3.25 Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills). Resolution No. 11000. (L1200.0) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. A Resolution of the City of Orange regarding Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2017 -2018. ACTION: 1) Adopted Resolution No. 11000 to approve the Preliminary Engineer's Report for Landscape Maintenance District 86 -2; 2) Declared the intent to levy an annual assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments. 3.26 Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills Overlay). Resolution No. 11001. (L1200.0) NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a nearby property interest. A Resolution of the City of Orange regarding Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2017 -2018. ACTION: 1) Adopted Resolution No. 11001 to approve the Preliminary Engineer's Report for Landscape Maintenance District 15 -1; 2) Declared the intent to levy an annual assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments. 3.27 Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). Resolution No. 11002. (L1200.0) A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2017 -2018. ACTION: 1) Adopted Resolution No. 11002 declaring the City's intent to provide for an annual levy and collection of assessments for FY 18; 2) Approved the Preliminary Engineer's Report; and 3) Set June 13, 2017, as the date for the Public Hearing. PAGE 8 CITY COUNCIL MINUTES MAY 9, 2017 3. CONSENT CALENDAR (Continued) 3.28 Reauthorization of OMC Chapter 13.81 Relating to Cable Franchise Fees. Resolution No. 11003. (F1100.0) A Resolution of the City Council of the City of Orange Reauthorizing OMC Chapter 13.81 Relating to Cable Television Franchise Fees. ACTION: Approved. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Mayor pro tem Murphy recorded an abstention on Item 3.7. Councilmember Nichols recorded an abstention on Items 3.25 and 3.26. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None PAGE 9 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS MAY 9, 2017 7.1 Consideration of a City sponsored valet parking service in Old Towne. (A2100.0; AGR -6474) NOTE: Councilmember Whitaker recorded an abstention due to his law firm having two clients in Old Towne, and Councilmember Alvarez recorded an abstention due to a potential conflict with a nearby property interest. They left the dais at 7:01 p.m. City Manager Rick Otto introduced the item stating that a focus group was created to look at the parking issues in Old Towne. The focus group consisted of downtown stakeholders such as restaurant owners, property owners, residents in the area and others with an interest in Old Towne. A valet parking service program is one of the options that the group proposed. Senior Economic Development Project Manager Susan Galvan provided the staff report and answered Council's questions. She explained that an extensive parking study identified underutilized parking lots that could be used for this valet parking service pilot program. Residents in the surrounding neighborhood that may be impacted will be sent a notice prior to the start of the valet service. Public Speakers Nate Wisely — expressed concerns with how the program will impact parking on Sundays during church services and church events. Sandy Quinn, President of Old Towne Preservation — spoke in support of the program and thanked staff for forming the Old Towne parking focus group. Dan Jensen — spoke in support of the program. During discussion Council requested that staff send information out about the program, especially to those that have reached out to the City with questions or concerns. Staff intends on releasing a news article on the City's website and through other various media outlets with information regarding the program. In addition, local merchants will be marketing the program to their patrons. MOTION — Murphy SECOND — Smith AYES — Smithy, Murphy, Nichols ABSENT (RECUSED) — Alvarez, Whitaker Moved to: 1) Direct the City Manager to enter into a contract with AmeriPark LLC (AmeriPark) to provide a City sponsored valet parking service for a three month period with one three month extension; and 2) Authorize the use of public parking lots for the valet parking service as needed. Councilmembers Whitaker and Alvarez returned to the dais at 7:42 p.m. PAGE 10 CITY COUNCIL MINUTES MAY 9, 2017 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 Amending various sections of Title 17 to implement changes for accessory dwelling units. Ordinance No. 02 -17 (Second Reading). (A2500.0) An Ordinance of the City Council of the City of Orange amending various sections of Title 17 of the Orange Municipal Code to implement changes for accessory dwelling units in accordance with the provisions of state law. MOTION — Murphy SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 02 -17 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 — None 11. PUBLIC HEARINGS 11.1 Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street. (Z1500.0) Time set for a public hearing to consider Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street. Senior Planner Robert Garcia provided the staff report and answered Council's questions. He explained that the zone change is being made to match that of the surrounding area which includes commercial development and residential single family and multi - family uses. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Nick Avalino, applicant — spoke in support of the project and answered Council's questions. THE MAYOR CLOSED THE PUBLIC HEARING. PAGE 11 CITY COUNCIL MINUTES MAY 9, 2017 11. PUBLIC HEARINGS (Continued) ORDINANCE NO. 03-17 (First Reading) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1280- 16 for the establishment of Multi- Family Residential (R -3) zoning consistent with the existing Low Medium Density Residential (LMDR) General Plan Land Use Designation for a vacant lot located at 140 N. Hewes Street. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 03 -17 be approved for First Reading and same was set for Second Reading by the preceding vote. RESOLUTION NO. 11004 A Resolution of the City Council of the City of Orange approving Minor Site Plan 0854- 16, and Design Review No. 4853 -16 for the construction of a one -story single family residence with an attached accessory second dwelling unit and a detached garage located at 140 N. Hewes Street. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 11004. 12. ADJOURNMENT — The City Council adjourned at 8:00 p.m. The next Regular City Council Meeting will be held on Tuesday, June 13, 2017, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. M URP TERESA E. SM TH ITY CLERk MAYOR PAGE 12