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Council Minutes 04/11/17APPROVED BY THE CITY COUNCIL ON MAY 9, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES APRIL 11, 2017 The City Council of the City of Orange, California convened on April 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 — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez 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, April 11, 2017, at 6:00 p.m. in the Council Chamber. CITY COUNCIL MINUTES 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Whitaker, Smith, Murphy, Nichols ABSENT — Alvarez 2. ORAL COMMUNICATIONS — None APRIL 11, 2017 3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00 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: 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, April 11, 2017, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING APRIL 11, 2017 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:10 p.m. 1.1 INVOCATION Given by Pete Shambrook from Rock Harbor Orange. 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, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced the Foundation Games will hold their 10 annual event on April 21 and 22 at Fred Kelly Stadium. Presentation by the Friends of the Library to the Orange Public Library. Proclamation Celebrating the 10 Year Anniversary of the Orange Public Library & History Center. A special celebration will take place on April 22, 2017. Proclamation Recognizing Friday, April 28, 2017, as Arbor Day. Recognition of 2016 Community Partners. Adjournment in Memory of Lois Barke. PAGE 3 CITY COUNCIL MINUTES 2. PUBLIC COMMENTS APRIL 11, 2017 Jerome Ryan — spoke in opposition to the Metrolink Parking Structure project as it will create traffic and safety hazards for the area. Eric Christiansen — requested that the City Council encourage Representative Mimi Walters to hold Town Hall meetings with her constituents. Brad West — spoke regarding the homeless population in the Santa Ana riverbed. Atty McLellan — spoke regarding the homeless population in the Santa Ana riverbed and the limited resources available to them. Alana Williams — spoke regarding the homeless population in the Santa Ana riverbed. 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 March 3, March 9, March 17, March 23, and March 31, 2017. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of March 14, 2017. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Number not used. PAGE 4 CITY COUNCIL MINUTES APRIL 11, 2017 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.5 Two first amendments to existing consultant services agreements with Willdan Engineering and Behrouz Azarvand, to provide plan review and field inspection services for the Building Division of the Community Development Department. (A2100.0; AGR- 5141.F.1, AGR- 6426.1) ACTION: 1) Approved and authorized the Mayor and City Clerk to execute an amendment to an existing consultant services agreement with Willdan Engineering, not to exceed an additional $68,400, for a total contract amount of $98,400; and 2) Approved and authorized the Mayor and City Clerk to execute an amendment to an existing consultant services agreement with Behrouz Azarvand, not to exceed an additional $40,000, for a total contract amount of $70,000. 3.6 Award of Consultant Services Agreement to WLC Architects for Architectural Design Services for the Fire Station 2 Apparatus Bay Project. (A2100.0; AGR -6462) ACTION: Awarded the contract in the amount of $130,000 to WLC Architects and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Professional Services Agreement to design, oversee and execute printing, and coordinate delivery of twelve quarterly issues of Our Orange. (A2100.0; AGR- 6001.A) ACTION: Approved agreement with HWDS and Associates, Inc. for an amount not -to- exceed $327,500 for twelve issues, and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.8 Appropriation of a $20,350 Donation from the Friends of the Orange Public Library (Friends). (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $20,350 donation from the Friends into revenue account number 100.2001.48390.19990 (Library Friends Donations); and 2) Authorize the appropriation of $20,350 into the following expenditure account numbers: 100.2001.53301.19990 — Library Books (Friends of the Library) $15,350 100.2016.53340.19990 — Craft Supplies (Friends of the Library) $500 100.2017.53340.19990 — Craft Supplies (Friends of the Library) $4,500 $20,350 3.9 Appropriation of $144,000 from Fiscal Year 2016 -17 for City of Orange's funding cost for the new animal shelter. (C2500.E) ACTION: Authorized the appropriation of $144,000 in expenditure account 500.0000.52611.20357 from Capital Projects Fund (500) unreserved fund balance. PAGE 5 CITY COUNCIL MINUTES APRIL 11, 2017 3. CONSENT CALENDAR (Continued) BIDS 3.10 Rejection of all Bids — Bid No. 167 -03; Federal Highway Safety Improvement Program (HSIP) Pedestrian Crossing Upgrades at fourteen intersections. (S4000.S.7) ACTION: Rejected all bids received and authorized staff to re- advertise the project with a reduced scope of work. 3.11 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. Jamie Moore [Estate of Justin Harris] b. Gilbert Castrejon c. Dewi Aryani d. Emma Ocampo e. Rachel Digianbattista f. Mike Hoffman g. Enedina Hernandez h. Kemper Services Group a/s /o Jenna Boyer i. Eugene C. Hargrove j. Debra V. Becerra k. Johnny and Maricela Alvarez 1. Mark Benda m. Heriberto Gonzalez n. Horacio Sanchez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.12 Award of Contract for Bid No.167 -08; Annual Water Main Renewal Project. (A2100.0; AGR -6463) ACTION: Awarded a contract in the amount of $3,260,836 to Big Ben, Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Contract for Bid No. 167 -27; Fiscal Year 2017 -18 Annual Concrete Replacement at Various Locations. (A2100.0; AGR -6464) ACTION: Awarded a contract in the amount of $289,400 to EBS General Engineering, Inc., Corona, California, and authorized the Mayor and the City Clerk to execute on behalf of the City. PAGE 6 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) APRIL 11, 2017 3.14 Award of Contract for Bid No. 167 -32; Roof Coating at Main Library. (A2100.0; AGR -6465) ACTION: 1) Authorized the appropriation of $10,000 from the Capital Projects (Fund 500) unreserved fund balance to the expenditure account number 500.5011.56020.20269, Building Main Library Roof, and 2) Awarded the contract in the amount of $97,805 to Wiltshire Urethane Foam Co., and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.15 Award of Contract Bid No. 167 -35; Heim Avenue at Canal Street Storm Drain Improvements, Fiscal Year 2017 -18. (A2100.0; AGR -6466) ACTION: Awarded the contract to Vido Samarzich, Inc. of Alta Loma, California, in the amount of $99,018; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. MAPS 3.16 Approval of Final Tract Map No. 17645 — Orchard Walk (Olson Co.). (T4000.0) ACTION: Approved Final Tract Map No. 17645 and accepted dedication of public right - of -way. PARKING 3.17 Request to temporarily suspend permit parking restrictions within Permit Areas D & G in the area of Fred Kelly Stadium on Thursday, June 15, 2017. (S4000.S.4) ACTION: Approved the request of Orange Unified School District and temporarily suspended the neighborhood permit parking restrictions for high school commencement ceremonies at Fred Kelly Stadium on June 15, 2017. PURCHASES 3.18 Purchase of Light Emitting Diode (LED) traffic signal indications and pedestrian modules through a cooperative purchasing agreement. (S4000.S.3.3) ACTION: Authorized the purchase of LED traffic signal indications and pedestrian modules from JTB Supply, Inc. in an amount not -to- exceed $51,000. 3.19 Purchase of tires and emergency roadside assistance from Pete's Road Service, Inc. on a sole source basis. (C2500.M.7) ACTION: Authorized the expenditure of $60,000 to Pete's Road Service, Inc. PAGE 7 CITY COUNCIL MINUTES APRIL 11, 2017 3. CONSENT CALENDAR (Continued) 3.20 Purchase of a temporary construction easement at Orange Villa Park Motel, 2085 N. Tustin Street for the purpose of street widening. (D4000.0) ACTION: Approved the purchase of temporary construction easement at Orange Villa Park Motel, 2085 N. Tustin Street at the purchase price of $2,120. 3.21 Purchase of four miscellaneous pieces of equipment using a Cooperative Purchase Agreement for the Public Works Department. (C2500.M) ACTION: 1) Authorized the purchase of one Altec Model AT40 -G Aerial Boom Truck from Altec Industries, located in Dixon, California through NJPA in the amount of $163,344; 2) Authorized the purchase of one Bobcat Skid Steer, attachments and trailer from Clark Equipment Company located in West Fargo, North Dakota through NJPA in the amount of $118,832; 3) Authorized the purchase of two towable Sullair Model 185D Air Compressors from Quinn Rental Services located in Foothill Ranch, California through NJPA in the amount of $46,550; and 4) Authorized the City Manager to surplus the replaced vehicles and equipment. REPORTS 3.22 Six month status report concerning the installation of 3 -hour time limit parking and red curb on North Shattuck Place. (S4000.S.3.1.1) ACTION: Received and filed. 3.23 Single Audit of Federally Assisted Grant Programs (Single Audit) for the fiscal year ended June 30, 2016. (C2500.J.1.3) ACTION: Received and filed. MOTION — Whitaker SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve all items on the Consent Calendar as recommended. END OF CONSENT CALENDAR PAGE 8 CITY COUNCIL MINUTES APRIL 11, 2017 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS Councilmember Whitaker reported that he toured the site of the new HomeAid Orange County Family CareCenter, a 56 bed facility that will provide emergency housing to homeless families. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Agreement for Yorba Park Landscape Renovation project Bid No. 167 -25 and appropriation of Park Development Revenue to the Yorba Park Renovation Capital Improvement Project. (A2100.0; AGR -6467) MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Transfer $337,139 from Fund 500.5011.56020.30135 (Yorba Park) to Fund 500.7021.56020.20135 (Yorba Park Renovation); 2) Appropriate $724,111 from unreserved Fund 510 (Park Acquisition - Infill) to 510.7021.56020.20135 (Yorba Park Renovation); 3) Appropriate $80,000 from unreserved Fund 511 (Park Acquisition and Development - Quimby) to 511.7021.56020.20135 (Yorba Park Renovation); and 4) Reject STL Landscape, Inc.'s proposal as non - responsive, as determined by staff; and 5) Approve agreement with KASA Construction, Inc., the apparent low bidder, for an amount not -to- exceed $1,141,250 and authorize the Mayor and City Clerk to execute on behalf of the City. 8. REPORTS FROM CITY MANAGER City Manager Rick Otto announced activities that took place at City Hall in celebration of the City of Orange's 129 birthday on Thursday, April 6, 2017. 9. LEGAL AFFAIRS — None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PAGE 9 CITY COUNCIL MINUTES APRIL 11, 2017 11. PUBLIC HEARINGS 11.1 FY 2017 -18 Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program. (A2100.0; AGR- 3987.R) Time set for public hearing to consider allocation of CDBG funds and allocation of HOME funds. The U.S. Department of Housing and Urban Development (HUD) has not yet notified the City of its FY 2017 -18 CDBG and HOME allocations. Funding recommendations are based on estimated allocations. CDBG Program: The City's proposed FY 2017 -18 CDBG Program budget is $1,322,853. This total includes the estimated FY 2017 -18 grant amount of $1,181,714 and unexpended prior year CDBG funds in the amount of $141,139 that would be re- budgeted for FY 2017 -18. Staff has conducted the FY 2017 -18 the CDBG funding process in conjunction with the CDBG Program Committee. Senior Housing Manager Mary Ellen Laster provided the staff report and answered Council's questions regarding the application process. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers: Cathy Seely, Friendly Center — thanked the Council and CDBG Committee for supporting their efforts. Charlotte Vaughn, Assistance League — thanked the Council and CDBG Committee for supporting their efforts. Krista Driver, Mariposa Center — thanked the Council and CDBG Committee for supporting their efforts. THE MAYOR CLOSED THE PUBLIC HEARING. MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Approve the funding recommendations of the CDBG Program Committee for the City's FY 2017 -18 CDBG Program. 2) Authorize staff to adjust the funding allocations if necessary after HUD notifies the City of its actual entitlement amount. 3) Authorize staff to request and receive its FY 2017 -18 CDBG entitlement from HUD and re- budget unexpended prior year CDBG funds for a total CDBG budget of $1,322,853. 4) Authorize the City Manager or his designee to execute FY 2017 -18 CDBG Program Memoranda of Understanding with City Departments, Subrecipient Agreements with nonprofit agencies, and all related CDBG Program documents. PAGE 10 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) APRIL 11, 2017 HOME Pro ram: The City's estimated FY 2017 -18 HOME allocation is $326,249. The allocation of funds for proposed projects will be subject to City Council approval. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Authorize staff to adjust the HOME budget if necessary after HUD notifies the City of its actual entitlement amount. 2) Authorize staff to request and receive its FY 2017 -18 HOME entitlement from HUD. 3) Authorize the City Manager or his designee to execute the FY 2017 -18 HOME Program Grant Agreement and all related documents on behalf of the City. RECESS: The City Council took a short recess at 7:30 p.m. and reconvened at 7:45 p.m. with all members present. 11.2 Wimbleton Court Jeerah Project, 6231 E. Wimbleton Court. (T4000.0) Time set for a public hearing to consider the proposed Wimbleton Court Jeerah project, 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, Orange, California. Senior Planner Robert Garcia provided the staff report. Mr. Garcia announced that there is a correction on the Resolution. The wording currently reads "consisting of eight single story attached townhomes," and the correct wording is "consisting of eight single family detached residences." The Resolution will be amended and brought back to Council for final approval. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Jordan Kahf, applicant — spoke in support of the project and answered Council's questions. Nora Jalanbo — spoke in support of the project. Sherri Koch — spoke in opposition of the project. Alexandrina Bercaru — spoke in opposition of the project. Jim Pijloo — spoke in opposition of the project. Michelle Morand — spoke in opposition of the project. Jennifer Pijloo — spoke in opposition of the project. PAGE 11 CITY COUNCIL MINUTES APRIL 11, 2017 11. PUBLIC HEARINGS (Continued) Public Speakers Continued Sandy Lee — spoke in opposition of the project. Michael Micallef — spoke in opposition of the project. Shayaan Vasi — spoke in opposition of the project. Howard Kline — spoke in opposition of the project. James Shamas — spoke in opposition of the project. Neil Hoang — spoke in opposition of the project. Laura Thomas — spoke in support of the project. THE MAYOR CLOSED THE PUBLIC HEARING. Council inquired about the use of Wimbleton Ct. as an entrance to the project. Staff explained that there were physical constraints because of the topography of the site and more grading would have been required to create access. After further discussion, Councilmember Alvarez stated that he had some concerns with the way the project is currently designed and would like to see the hearing continued to a later date. He likes the homes but because there is no public street access and no benefit for the existing neighborhood, he cannot approve the project as is. Councilmember Nichols would like to see height restrictions on the landscaping in the CC &Rs to protect the existing homeowners. Mayor pro tem Murphy stated that he can only support the project if conditions were added to ensure the disruptions from the construction is minimized to trade vehicles and any heavy equipment will access the site from Wimbleton Ct., and the applicant agrees to contribute to ongoing street maintenance. THE MAYOR REOPENED THE PUBLIC HEARING. Public Speakers Jordan Kahf, applicant — agreed to the conditions suggested by Council regarding the contribution towards street maintenance, use of Wimbleton Ct. for all grading equipment traffic, and using the neighboring property to the west, if acquired, for construction traffic other than trades. During further discussion, it was agreed upon that any landscaping height restrictions will be included in the CC &Rs. THE MAYOR CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10999 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 to subdivide one approximately 2.08 acre lot into eight numbered lots and two lettered lots for eight single - family houses and one common recreation area located at 6231 E. Wimbleton Ct., Orange, California. PAGE 12 CITY COUNCIL MINUTES APRIL 11, 2017 11. PUBLIC HEARINGS (Continued) MOTION — Whitaker SECOND — Smith AYES — Whitaker, Smith, Murphy, Nichols NOES — Alvarez Moved to approve Resolution No. 10999 with the additional three conditions: applicant will contribute a proportional basis of costs to maintain Country Community Association roads north of Canyon View Ave.; all grading equipment traffic will access property from Wimbelton Ct.; and applicant will use best efforts to obtain staging easement from neighboring property to the west and if so acquired construction traffic, other than trades, will originate from this point. 11.3 Zone Change No. 1285 -17, Accessory Dwelling Unit Ordinance Amendment. (A2500.0) Time set for a public hearing to consider a Zone Change No. 1285 -17, Accessory Dwelling Unit Ordinance Amendment in accordance with the provisions of State law. THE MAYOR OPENED THE PUBLIC HEARING. Public Speaker A.J. Ricci — spoke in support of approval. THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 02 -17 (First Reading) 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 — Nichols SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to find that the Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h); and moved that Ordinance No. 02 -17 be approved for First Reading and same was set for Second Reading by the preceding vote. PAGE 13 CITY COUNCIL MINUTES APRIL 11, 2017 12. ADJOURNMENT — The City Council adjourned at 10:40 p.m. in Memory of Lois Barke. An Adjourned City Council Meeting will Weimer Room for a Budget Study Session. be held on Tuesday, May 9, 2017, at 6:00 Session beginning at 5:00 p.m., if necessary. be held on April 25, 2017, at 5:00 p.m. in the The Next Regular City Council meeting will p.m. in the Council Chamber, with Closed M MURPHY CITY CLERK / "A� E. SMITH TERES � E. SMITH u. •; PAGE 14