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Council Minutes 04/12/16APPROVED BY THE CITY COUNCIL ON MAY 10, 2016 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES APRIL 12, 2016 The City Council of the City of Orange, California convened on April 12, 2016, at 4:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. EMPLOYEE RECOGNITION 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, April 12, 2016, 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 APRIL 12, 2016 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: Bofferding, et al. v. City of Orange, et al. Orange County Superior Court Case No. 30- 2015- 00819178 b. Conference with Legal Counsel — Potential Litigation pursuant to Government Code Section 54956.9(a): Claim of Robert and Cheryl Dickey 4. ADJOURNMENT — At 6:05 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, April 12, 2016, in the Council Chamber. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING APRIL 12, 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 Dr. Orlando Barela from Household of Faith Family Church. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Michael Alvarez. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilmember Nichols announced several events taking place at the Orange Public Library. Presentation by the Friends of the Orange Public Library to the Orange Public Library. Presentation of Proclamation Declaring April 30, 2016, as Arbor Day. Mayor Smith announced that the Arbor Day Proclamation will be continued to a future Council meeting. A Presentation of Appreciation to the 2015 Community Partners was added to the agenda. Presentation of a Proclamation for Donate Life Month. Presentation of a Retirement Resolution to Orange Chief of Police, Robert Gustafson. Memorial Adjournment for Retired Orange Police Lieutenant, Bob D. Green. 2. PUBLIC COMMENTS Robert Imboden — discussed designating the Eichler home tracts a historical district. Tracy Ettinger — discussed designating the Eichler home tracts a historical district. PAGE 3 CITY COUNCIL MINUTES 2. PUBLIC COMMENTS (Continued) APRIL 12, 2016 Kelly Lalile — discussed designating the Eichler home tracts a historical district. John Aleccia — spoke regarding a petition he submitted requesting that the City close portions of Orange Street due to an increase in traffic. Brent Meben - Ygrene, PACE Program Administrator — spoke regarding the benefits of approving a PACE program in the City of Orange. Abid Chowdhry — expressed concerns regarding the treatment of his son and his son's friends after a car accident in the City of Orange. Colin Berry — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Elijah Chen — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Usman Chowdhry — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Monica Marin — spoke about the unfair treatment she and her friends experienced after a car accident in the City of Orange. Akin Arikan — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Manu Sethi — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Zayn Batasee — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Shah Siddiki — spoke about the unfair treatment he and his friends experienced after a car accident in the City of Orange. Raquel Archung — spoke in opposition of the Orange County Vector Control's plan for aerial spraying. Ashley Montgomery — spoke in opposition of the Orange County Vector Control's plan for aerial spraying. Lisa Heyrend — spoke in opposition of the Orange County Vector Control's plan for aerial spraying. Shannon Boccignone — spoke in opposition of the Orange County Vector Control's plan for aerial spraying. PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR APRIL 12, 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 March 3, 10, 17, 24, and 31, 2016. ACTION: Approved. (ITEM REMOVED AND HEARD SEPARATELY) 3.2 City Council Minutes, Regular Meeting of March 8, 2016, and Adjourned Regular Meeting of March 22, 2016. (C2500.D.4) Mayor Smith requested the Adjourned Regular Meeting Minutes of March 22, 2016, be revised. MOTION - Smith SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Nichols Moved to continue the City Council Minutes to the May 10, 2016, meeting. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Emergency Management Performance Grant (EMPG): Emergency Preparedness fund allocation. (A2100.0 Agr- 6208.A) ACTION: 1) Approved the agreement between the City of Orange and the Orange County Sheriff's Department Emergency Management Bureau in an amount not to exceed $20,809 and authorize the City Manager to execute the agreement on behalf of the City; 2) Accepted into the City's revenue budget a $20,809 grant from the Orange County Sheriff's Department Emergency Management Bureau, into revenue account 100.3021.45495.30084 (Other Grant Revenue -EMPG Grant 2015); and 3) Authorized the appropriation of $20,809 into expenditure account 100.3021.50221.30084 (Overtime - Safety -EMPG Grant 2015). PAGE 5 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) APRIL 12, 2016 3.5 Agreement with Raftelis Financial Consultants for the Preparation of the City's Water Rate Study, in the amount of $56,997. (A2100.0 Agr -6331) ACTION: Approved agreement and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 3.6 Approve extension with N. Harris Computer Corporation for Utility Billing Computer Software Maintenance for 1(one) year, in the amount of $80,322. (A2100.0 Agr- 4345.B) ACTION: Approved agreement and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. APPROPRIATIONS 3.7 Appropriation of Donation from the Friends of the Orange Public Library (FOPL) of $29,450. (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $29,450 donation into revenue account number 100.2001.48390.19990 (Library Friends Donations); and 2) Appropriated the donation into the following expenditure accounts: 100.2001.53301.19990 — FOPL (Book Budget) $18,350 100.2016.53340.19990 — FOPL (Craft supplies- Adult) $500 100.2017.51670.19990 — FOPL (Other Professional & Consulting) $2,100 100.2017.53340.19990 — FOPL (Craft supplies - Children & Teen) $4,500 100.2017.55131.19990 — FOPL (Furniture, Machinery, Equip) $4,000 $29,450 3.8 Appropriation of Funds Received from State of California. (C2500.H) ACTION: Accepted into the City's revenue budget a total reimbursement of $185,875.88 in payments from the State of California into account number 100.3021.48212 - Reimbursement from O.E.S, within the following project numbers: Description of Incident Reimbursement Project Account Revenue Amount Butte Fire 40114 $149,250.13 Gasquet Complex 40110 $36,625.75 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 Butte Fire 40114 $149,250.13 Gas uet Complex 40110 $36,625.75 PAGE 6 CITY COUNCIL MINUTES APRIL 12, 2016 3. CONSENT CALENDAR (Continued) BIDS 3.9 Bid No. 156 -35; Approval of plans and specifications, and authorization to advertise for bids for Construction of the Arterial Pavement Management Projects: Katella Avenue and Tustin Street Rehabilitation Projects. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Katella Avenue and Tustin Street Rehabilitation Projects. 3.10 Bid No. 156 -39; Concrete Street Rehabilitation at Various Locations, Fiscal Year 2015 -16; and approval of plans and specifications and authorization to advertise for bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Concrete Street Rehabilitation at Various Locations, Fiscal Year 2015 -16 Project. 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. Stephanie L. Garcia b. CAM IX Trust LLC, a Delaware limited liability company C. Manuel Villigan d. Michael Pratt e. Mark Delaney ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.12 Award of Contract — Bid No. 156 -28; Community Development Block Grant (CDBG) Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations Project, Fiscal Year 2015 -16 (FY16). (A2100.0 Agr -6332) ACTION: 1) Rejected the bid received from the first apparent low bidder, C.J. Concrete Construction, Inc., a California Corporation, on the basis that the bid was not responsive; 2) Rejected the bid received from the second apparent low bidder, S &H Civilworks, a California Corporation, on the basis that the bid was not responsive; and 3) Awarded the contract in the amount of $213,900 to EBS General Engineering, Inc. and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. PAGE 7 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) APRIL 12, 2016 3.13 Award of Contract — Bid No. 156 -30; Annual Pavement Maintenance at Various Locations, Fiscal Year 2015 -2016. (A2100.0 Agr -6333) ACTION: Awarded the contract in the amount of $3,584,220 to R.J. Noble Company, and authorized the Mayor and City Clerk to execute the necessary documents on behalf of the City. 3.14 Award of Contract — Bid No. 156 -26; Website Redesign, Development, Conversion, and Implementation Services. (A2100.0 Agr -6334) ACTION: 1) Approved a Master Services Agreement with CivicPlus in the amount of $53,640 for the redesign, conversion, and implementation services required to replace the City's website and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the transfer of $70,000 from expenditure account number 790.1601.56033.19640, "Computer Replacement Fund — Information Technology Upgrades" to expenditure account number 790.1601.56033.20274, "Computer Replacement Fund — Internet Website Upgrades." 3.15 Final Acceptance of Bid No. 145 -34; Katella Avenue and Wanda Road Improvements Project performed by All American Asphalt; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr - 6220) ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit Company of Maryland Bond No. 7644561 in the amount of $754,326.00 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. 145 -42; Fire Station Kitchen Improvements Project performed by Frank Shariat General Engineering; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -6223) ACTION: Accepted public work improvements, authorized release of Indemnity Company of California, Bond No. 389484P in the amount of $95,220.00 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. 145 -59; Orange Police Headquarters Walk -in Cooler /Freezer Installation Project performed by Golden Sun Firm & Co., Inc.; and authorization to file the Notice of Completion with the County Recorder. No staff report required.) (A2100.0 Agr -6242) ACTION: Accepted public work improvements, authorized release of Western Surety Company of South Dakota Bond No. 71592213 in the amount of $117,450.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 8 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) APRIL 12, 2016 3.18 Final Acceptance of Bid No. 156 -03; CDBG Fiscal Year 2014 -15 Street /Sewer Improvements Project performed by All American Asphalt; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -6259) ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit Company of Maryland Bond No. 7646625 in the amount of $559,027.00 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. 156 -27; OCIAC Security Cameras and Access Control Installation performed by Convergint Technologies LLC; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -6311) ACTION: Accepted public work improvements, authorized release of RLI Insurance Company State of Illinois Bond No. CMS291272 in the amount of $57,300.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PURCHASES 3.20 Purchase of Emergency Roadside Assistance and Tires from Pete's Road Service on a sole source basis. (C2500.M.7) ACTION: Approved the expenditure of $60,000 to Pete's Road Service. 3.21 Purchase Firefighter Turnout Safety Gear and Additional Fire Department Equipment from L.N. Curtis & Sons. (C2500.H) ACTION: Authorized the purchase of firefighter turnout safety gear and equipment from L.N. Curtis & Sons for a total of $110,000 in Fiscal Year 2016 -17. RESOLUTIONS 3.22 RESOLUTION NO. 10926 (T2200.0) A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for installation of a Bio Clean Hydrodynamic Separator Unit and Connector Pipe Screens. ACTION: 1) Approved Resolution No. 10926, and authorized the Mayor to execute on behalf of the City; and 2) Approved the submittal of one application for a Bio Clean Hydrodynamic Separator Unit and Connector Pipe Screens for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3. PAGE 9 CITY COUNCIL MINUTES APRIL 12, 2016 3. CONSENT CALENDAR (Continued) (ITEM REMOVED AND HEARD SEPARATELY) 3.23 RESOLUTION NO. 10928 (P2500.0.1) A Resolution of the City Council of the City of Orange authorizing the City Manager to Lease Certain City Properties on a Periodic Basis. Councilmember Alvarez was concerned that there wouldn't be any oversight of the lease agreements being approved. The City Attorney explained that adoption of this resolution would give the City Manager authority to execute lease agreements in a timely manner without having to wait until the next City Council meeting, which could be up to 45 days away. Council concurred to having the City Manager provide the Council with an annual abstract of the six properties included in the Resolution. MOTION — Alvarez SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 10928 with the City Manager bringing back an annual abstract of the six properties included in the Resolution. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Items 3.2 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 4. REPORTS FROM MAYOR SMITH 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS PAGE 10 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS APRIL 12, 2016 7.1 Consider a request to remove Santa Maria Street from the permit parking program Area "R." (S4000.S.3.1.2) City Traffic Engineer Jackie Scott provided a staff report and answered Council's questions. She explained that a removal policy was adopted by the City Council in April 2014 establishing the criteria that had to be met for removal from the permit parking program. Public Speakers Hans Van Lighten — spoke in support of removing Santa Maria Street from permit parking area "R." Shelly Aranson Rucker — spoke in support of removing Santa Maria Street from permit parking area "R." RESOLUTION NO. 10927 A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10802, and Adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 10927. 8. REPORTS FROM CITY MANAGER City Manager Otto reported that the Orange County Board of Supervisors approved the building of a new animal shelter in Tustin. As a result, staff will return with a cooperative agreement relating to this project at a future Council meeting. RECESS: The City Council recessed at 8:09 p.m. and reconvened at 8:23 p.m. with all members present. PAGE 11 CITY COUNCIL MINUTES APRIL 12, 2016 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-16A (FIRST READING) (A2500.0) NOTE: Item 9.1 was re- ordered to be heard after Item 11.1. An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the Orange Municipal Code Relating to Parties and Underage Drinking. City Attorney Winthers provided a brief staff report explaining that some minor amendments and changes were made to Ordinance 03 -16; therefore, it is being brought back for First Reading as Ordinance No. 03 -16A. He clarified that Ordinance No. 03 -16 will not be brought back for a Second Reading. Public Speakers The following people spoke in support of approving Ordinance No. 03 -16A: Steve Lichten, Lisa Ackerman Baldwin, Janice McGovney, Chris Gray, Brian Lochrie, Joseph Beckman, Jim Carras, Steven Edwards, Judy Schroeder, Tony Trabucco, Yolanda Alvarez, Iraida Oliva, Sharon Dickson, and Adam Duberstein. The following people spoke in opposition of approving Ordinance No. 03 -16A: Massimo Lesti, Matt Elliot, Adam Mann, Christopher Costa, and Micha Goldsman. Council discussed how the approval of the proposed amendments will be a useful tool in dealing with what some have described as disrespectful behavior in the community, and how it is a good first step towards mitigating some of the issues related to Chapman University. MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 03 -16A be approved for First Reading and same was set for Second Reading by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PAGE 12 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS APRIL 12, 2016 11.1 Fiscal Year 2016 -17 Community Development Block Grant (CDBG) Program; and HOME Investment Partnerships Act (HOME) Program. (A2100.00 Agr- 3218.Q; 3987.Q) NOTE: Item 11.1 was re- ordered to be heard after Item 7.1. Time set for a public hearing to consider allocation of CDBG funds; and allocation of HOME funds for affordable housing projects. The City receives annual CDBG allocations from the U.S. Department of Housing and Urban Development (HUD). Staff has conducted the FY 2016 -17 CDBG funding process in conjunction with the CDBG Program Committee. The City's FY 2016 -17 CDBG entitlement amount is $1,181 ,714. The City receives annual HOME grants from the U.S. Department of Housing and Urban Development (HUD). The City's FY 2016 -17 HOME grant will be $324,502. The allocation of funds for proposed projects would be subject to City Council approval. THE MAYOR OPENED THE PUBLIC HEARING. Public Speakers Charlotte Vaughn, Assistance League of Orange — thanked the Council and CDBG Committee for supporting their efforts. Cathy Seelig, Friendly Center — thanked the Council and CDBG Committee for supporting their efforts. THE MAYOR CLOSED THE PUBLIC HEARING. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols CDBG Program Moved to: 1) Approve the funding recommendations of the CDBG Program Committee for the City's FY 2016 -17 CDBG Program; 2) Authorize staff to request and receive its FY 2016 -17 CDBG entitlement in the amount of $1,181,714 from HUD; and 3) Authorize the City Manager or his designee to execute FY 2016 -17 CDBG Program Memoranda of Understanding with City Departments, Subrecipient Agreements with nonprofit agencies, and all related CDBG Program documents. PAGE 13 CITY COUNCIL MINUTES APRIL 12, 2016 11. PUBLIC HEARINGS (Continued) MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols HOME Program Moved to: 1) Authorize staff to request and receive its FY 2016 -17 HOME grant in the amount of $324,502 from HUD; and 2) Authorize the City Manager or his designee to execute the FY 2416 -17 HOME Program Grant Agreement and all related documents on behalf of the City. 11.2 Streamlining Ordinance. (A2500.0) Time set for a public hearing to consider Streamlining of City Review Process for Instructional Uses, Providing Updated Standards for the Development of Senior Housing in Commercial Zones, Eliminating Reference to Mixed Use Developments in Commercial Zones, and Addressing General Office, Medical Office, and Privately Operated Residential Uses in the Public Institution Zone. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE 05 -16 (FIRST READING) An Ordinance of the City Council of the City Of Orange Amending Title 17 of the Orange Municipal Code to Define and Streamline the Review Process for Instructional Uses, Providing Updated Standards for the Development of Senior Housing in Commercial Zones, Eliminating Reference to Mixed Use Developments in Commercial Zones, and Addressing General Office, Medical Office, and Privately Operated Residential Uses in the Public Institution Zone. MOTION — Whitaker SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and that Ordinance No. 05 -16 be approved for First Reading and same was set for Second Reading by the preceding vote PAGE 14 CITY COUNCIL MINUTES 11. 11.3 12. PUBLIC HEARINGS (Continued) Security Ordinance. (A2500.0) APRIL 12, 2016 Time set for a public hearing to consider updating the City's site planning and building security standards to reflect current Police Department practices, and modern -day crime prevention strategies related to the physical design of development sites and recreational facilities. MOTION — Smith SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to continue to a date uncertain. ADJOURNMENT — The Council adjourned at 10:03 p.m. in Memory of retired Orange Police Lieutenant Bob D. Green. The next Adjourned Regular Meeting will be held on Tuesday May 10, 2016, at 4:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular City Council Meeting will be held on Tuesday, May 10, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary. E. MURPHY CI Y CLERK r TERESA E. MITH lu : • PAGE 15