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Council Minutes 12/13/16APPROVED BY THE CITY COUNCIL ON JANUARY 10, 2017 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES DECEMBER 13, 2016 The City Council of the City of Orange, California convened on December 13, 2016, 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 Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a) Case: Herco v. City of Orange Orange County Superior Court Case No. 30- 2015- 00786608 b. Conference with Real Property Negotiator — Real property negotiations pursuant to Government Code Section 54956.8: Property: APN 232 - 061 -10 (portion) City Negotiator: Rick Otto, City Manager Negotiating Parties: City of Orange and Chapman University Under Negotiation: Sale of Vacant Land 4. ADJOURN TO REGULAR MEETING — 6:00 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, December 13, 2016, in the Council Chamber. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING DECEMBER 13, 2016 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 Neil Edlin from St. Mary Magdalene Anglican Church. 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 Proclamation honoring Design Review Committee Vice -Chair Craig Wheeler Resolution honoring Administrative Assistant Linda Young for 17 years of service Memorial Adjournment for Everett Caldwell of Mr. C's Rare Records Police Chief Tom Kisela provided an update on the injured police officer and thanked the City and community for the continued support. 2. PUBLIC COMMENTS — None PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR DECEMBER 13, 2016 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 November 3, November 10, November 17, November 23, December 1, and December 8, 2016. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Special Meeting of November 9, 2016. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal Year 2015 -16. (C2500.J.1.0.2) ACTION: Received and filed. AGREEMENTS 3.5 Second Amendment to Attorney Services Agreement with the law firm of Kutak Rock LLP to provide for an additional $125,000 for legal services related to litigation defense for a total amount not to exceed $375,000. (A2100.0; AGR- 6248.2) ACTION: Approved and authorized the Mayor and City Clerk to execute the Second Amendment to Attorney Services Agreement with Kutak Rock LLP. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) DECEMBER 13, 2016 3.6 Amendment Number 1 to Consultant Services Agreement No. 6344 with KOA Corporation for additional Engineering Design Services for the Fire Station 2 Street Improvements. (A2100.0; AGR- 6344.1)) ACTION: Approved Amendment Number 1 to the existing KOA Corporation, Consultant Services Agreement increasing the contract amount by $21,018 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. 3.7 Contract Change Order No. 1 for Agreement 3217 with TriTech Software Solutions (TriTech). (A2100.0; AGR - 3217.0.1) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Approved Amendment No. 1 to Agreement 3217 between the City of Orange and TriTech in an amount not to exceed $57,946; 2) Authorized the Mayor and the City Clerk to execute the Amendment on behalf of the City; and 3) Authorized the appropriation of $57,946 from (355) Federal Asset Forfeiture unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture, Equipment. 3.8 Consultant Services Agreement between the City of Orange and Code Consulting Group, LLC, for Fire Department Plan Review Services for Fiscal Year 2016 -17. (A2100.0; AGR- 5285.G.1) ACTION: 1) Approved the First Amendment to the agreement between the City of Orange and Code Consulting Group, LLC in an amount not -to- exceed $80,000; and 2) Authorized the Mayor and City Clerk to execute the agreement on behalf of the City. APPROPRIATIONS 3.9 A request to appropriate unreserved fund balance for Building Division plan check services. (C2500.G.2.0) ACTION: Appropriated $30,000 from unreserved fund balance of the General Fund (Fund 100) to the Permit Services Other Professional and Consulting Services account (100.6034.51670.00000). 3.10 A request to appropriate $4,970 from the State Asset Forfeiture unreserved fund balance for the reconfiguration of an interview room. (C2500.K) ACTION: Authorized the appropriation of $4,970 from (357) State Asset Forfeiture unreserved fund balance to expenditure account number 357.4011.51401.00000, State Asset Forfeiture, Building Repairs. PAGE 4 CITY COUNCIL MINUTES DECEMBER 13, 2016 3. CONSENT CALENDAR (Continued) 3.11 A request to appropriate $29,980 from the State Asset Forfeiture unreserved fund balance for the purchase of ballistic glass from KTM Enterprises. (C2500.K) ACTION: Authorized the appropriation of $29,980 from (357) State Asset Forfeiture unreserved fund balance to expenditure account number 357.4011.55131.00000, State Asset Forfeiture, Equipment. 3.12 Appropriation of funds received from State of California Office of Emergency Services. (C2500.H) ACTION: 1) Accepted into the City's revenue budget a total reimbursement of $40,935.47 in reimbursement payments into account number 100.3021.48212 — Reimbursement from OES, within the following project numbers: Deer Fire, Project Account 40129, Revenue Amount $40,935.47; and 2) Authorized the appropriation into expenditure account number 100.3021.50221 — Overtime Safety, within the project numbers and amounts as follows: Deer Fire, Project Account 40129, Expenditure Amount $40,935.47. 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. Jaime Rieckhof b. So Cal Gas, a Sempra Energy Utility 9 -9 -16 Incident C. Kristi L. Nila d. Omar Cruz Pineda e. Cindy Ngoc Do f. Shelly Bernal g. Torrie Lang ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.14 Award of Contract for Bid No. 167 -12; Washington Ave., Almond Ave., & Palmyra Ave. Street Rehabilitation Project. (A2100.0; AGR -6434) ACTION: Awarded the contract in the amount of $675,763.50 to All American Asphalt of Corona, California and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 5 CITY COUNCIL MINUTES DECEMBER 13, 2016 3. CONSENT CALENDAR (Continued) 3.15 Final Acceptance of Bid No. 156 -35; Katella Avenue and Tustin Street Rehabilitation Project performed by R.J. Noble Company; and authorization to file the Notice of Completion with the County Recorder. (No staff report required ACTION: Accepted public work improvements, authorized release of Western Surety Company of South Dakota, Bond No. 58736695 in the amount of $2,084,903.50 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.16 Award of Contract for Bid No. 167 -15 for the Water Division Antenna Tower Installation Project (W- 679).. (A2100.0; AGR -6435) ACTION: Awarded contract in the amount of $137,303 to Tashjian Tower Corporation; and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. PURCHASES 3.17 Authorize the purchase and installation of a RYPOS Active Regenerative Diesel Particulate Filter System for the emergency generator at Marywood Pump Station. . (A2100.0; AGR -6436) ACTION: Awarded contract in the amount of $59,659 to Bay City Electric Works and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.18 Purchase of eleven miscellaneous service vehicles from Ford of Orange for five different City Departments in the amount of $347,441.. (C2500.M.7) NOTE: Mayor pro tern Murphy recorded an abstention due to a potential conflict with employment. ACTION: 1) Authorized the purchase of two C -Max Hybrids, two Ford Explorers, one Ford Escape, three half -ton service trucks, two 1 -ton service body trucks and one cab - chassis vehicle from Ford of Orange for the amount of $347,441; and 2) Authorized the City Manager to surplus the replaced vehicles. 3.19 Purchase of Network Core Switch for Civic Center through a Cooperative Agreement from Sidepath, Inc. of Laguna Hills, California. (C2500.J) ACTION: Authorized the purchase of Brocade network core switch through a cooperative agreement from Sidepath, Inc. of Laguna Hills, California, in the amount of $57,045.90. PAGE 6 CITY COUNCIL MINUTES DECEMBER 13, 2016 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.20 Honoring the retirement of Linda Young. Resolution No. 10987. (C2500..1) A Resolution of the City Council of the City of Orange expressing appreciation to Linda Young and commending her for over 17 years of loyal and dedicated public service. ACTION: Approved. 3.21 Honoring the retirement of Liz Demara. Resolution No. 10988. (C2500J) A Resolution of the City Council of the City of Orange expressing appreciation to Elizabeth Demara for 38 years of service to the City of Orange and the Orange Public Library. ACTION: Approved. REPORTS (ITEM REMOVED AND HEARD SEPARATELY) 3.22 Development of Design Guidelines in conjunction with Eichler Tract Historic District Designation. (C2300.I.2) Historic Planner Marissa Moshier provided a brief staff report and answered Council's questions regarding the process of developing the guidelines. Council discussed the differences between guidelines and standards. The process will include getting input from the community; and once approved, the guidelines will become standards. MOTION — Smith SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to direct staff to engage a qualified historic preservation consultant to develop design guidelines for preservation of the Eichler Tracts. The developed guidelines will become standards at the end of the process. PAGE 7 CITY COUNCIL MINUTES DECEMBER 13, 2016 3. CONSENT CALENDAR (Continued) SURPLUS PROPERTY (ITEM REMOVED AND HEARD SEPARATELY) 3.23 Approve the sale of surplus property at 2935 E. Walnut Avenue to GS Home Services. (P2500.0.1; AGR -6347) NOTE: Councilmember Alvarez recorded an abstention due to a potential conflict with employment and left the dais at 6:34 p.m. and returned at 6:40 p.m. City Engineer Frank Sun answered Council's questions and clarified that the parcel will remain a buildable lot once the street is widened. A map of the area was provided to Council. MOTION — Whitaker SECOND — Murphy AYES — Whitaker, Smith, Murphy, Nichols ABSENT (RECUSED) — Alvarez Moved to approve the sale of surplus property at 2935 E. Walnut Avenue to GS Home Services; and authorize the Mayor and City Clerk to execute grant deed and related escrow documents. 3.24 Approve the sale of surplus property (APN 232 - 061 -10 portion of) located adjacent to Panther Village at 3101 W. Chapman Avenue for $6,500,000; and authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement, as well as any grant deed and related escrow documents. (A2100.0; AGR -6433) ACTION: Approved the sale of surplus property identified as APN 232 - 061 -10 (portion of) to Chapman University in the amount of $6.5 million; and authorized the Mayor and City Clerk to execute a Purchase and Sale Agreement, as well as, grant deed and related escrow documents. TRACT MAP 3.25 Final Map for Tract 17758 located at 2025 N. Orange -Olive Road. (T4000.0) ACTION: Approved Final Map for Tract 17758 and accepted dedication of street right -of- ways and public utility easements as shown on the Final Map. MOTION — Nichols SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Mayor pro tem Murphy recorded an abstention on Items 3.7 and 3.18. Councilmember Alvarez recorded an abstention on Item 3.23. Items 3.22 and 3.23 were removed from the Consent Calendar and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 8 CITY COUNCIL MINUTES DECEMBER 13, 2016 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Agreement between the City of Orange and Morillo Construction, Inc. for the Design/Build of the Shaffer Park Renovation Project, for an amount not -to- exceed $6,300,000. (A2100.0; AGR -6432) Community Services Director Bonnie Hagan presented the staff report and answered Council's questions regarding the ball field lighting and park lighting. The ball field lighting will be directed away from the homes. Picnic areas will be lit with security lighting and not for night time use. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve the agreement with Morillo Construction, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City. 7.2 Yorba Park Renovation Project. (A2100.0; AGR -6438) Community Services Director Bonnie Hagan presented the staff report. Staff reached out to the Dog Park Association and they will be sending out information regarding dog parks in surrounding areas. There will be postings at the park and on the City website regarding the upcoming closure. MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Approve and adopt the Addendum to previously - approved MND No. ENV 1674 -01; 2) Authorize the transfer of $765,260 from the unreserved fund balance of the General Fund to the Capital Projects Fund (500); 3) Authorize the appropriation of $765,260 from the unreserved fund balance of the Capital Projects Fund (500) to account 500.5011.56020.20135; and 4) Accept the bid withdraw request from the apparent low bidder, El Camino Asphalt Paving Corp., and award the contract for Bid No. 167 -05, SP- 3960, Yorba Park Grading Project in the amount not to exceed $424,732 to the next lowest responsible bidder, C.H.I. Construction, and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 9 CITY COUNCIL MINUTES DECEMBER 13, 2016 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Orange County 800 Megahertz Countywide Coordinated Communication System (CCCS) required Public Safety equipment purchase. (C2500.E) Finance Director Will Kolbow provided a staff report; and noted that staff recommendation number three should be deleted as it is not necessary and the amount in staff recommendation number four should be $420,000 and not $400,000 as listed on the agenda. Mr. Kolbow answered Council's questions regarding the financing options available. Council discussed the option of funding this purchase internally rather than approving the equipment lease agreement. Mr. Kolbow stated that if Council approves the purchase tonight, staff can bring back a Resolution in January approving the internal funding source. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve the purchase of Public Safety radio equipment in the amount of $3,500,118.76 from Motorola Solutions, Inc. (Motorola) with a resolution outlining the funding source to come back to Council in January. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS — None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None 11. PUBLIC HEARINGS 11.1 Adopting Chapter 15.33 Hazardous Materials to the Orange Municipal Code. (A2500.0) Time set for a public hearing to consider Adopting Chapter 15.33 to the Orange Municipal Code. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 11 -16 (First Reading) An Ordinance of the City Council of the City of Orange amending and restating Chapter 15.33 of the Orange Municipal Code relating to hazardous materials. MOTION — Whitaker SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 11 -16 be approved for First Reading and same was set for Second Reading by the preceding vote. PAGE 10 CITY COUNCIL MINUTES DECEMBER 13, 2016 RECESS: The City Council took a short recess at 7:50 p.m. and reconvened at 8:00 p.m. with all members present. 11. PUBLIC HEARINGS (Continued) 11.2 Appeal No. 0546 -16. An appeal of the Planning Commission decision to deny Design Review (DRC) No. 4782 -16 and Minor Site Plan (MNSP) No. 0872 -16 for the Hoike Residences at 730 W. Palm Avenue in the Old Towne Historic District. (A4000.0) Time set for a public hearing to consider Appeal No. 0546 -16. Historic Planner Marissa Moshier presented a staff report and answered Council's questions. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Brad Gentry — spoke in opposition of the project and supports the Planning Commission's decision. Rick Fox, architect of the project — spoke in support of the project. Airalea Newman — spoke in support of the project. Sherry Alexander, owner — spoke in support of the project. THE MAYOR CLOSED THE PUBLIC HEARING. During discussion, Mayor Smith and Councilmember Alvarez raised concerns with the property being overbuilt creating a further issue with parking. Council agreed that the project was overbuilt; however, it was initially approved in 2013 with all requirements met. MOTION — Whitaker SECOND — Nichols AYES — Whitaker, Murphy, Nichols NOES — Alvarez, Smith Moved to uphold Appeal No. 546 -16 and approve Design Review (DRC) No. 4782 -16 and Minor Site Plan (MNSP) No. 0872 -16 for the Hoike Residences at 730 W. Palm Avenue in the Old Towne Historic District. 12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY The City Council recessed at 9:07 p.m. to the meeting of the Industrial Development Authority with all members present, and reconvened at 9:10 p.m. PAGE 11 CITY COUNCIL MINUTES DECEMBER 13, 2016 13. ADJOURNMENT — The Council adjourned at 9:12 p.m. in Memory of Everett Caldwell of Mr. C's Rare Records. The next Regular City Council Meeting will be held on Tuesday, January 10, 2017, at 4:30 p.m. for an employee recognition, then at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. 4 �44r-�' L--L- M CITY CLERK Eriff-MM IN M21 MAYOR PAGE 12