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Council Minutes 03/08/16APPROVED BY THE CITY COUNCIL ON MAY 10, 2016 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES MARCH 8, 2016 The City Council of the City of Orange, California convened on March 8, 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 Real Property Negotiator — Real property negotiations pursuant to Government Code Section 54956.8: Property: 555 S. Shaffer City Negotiator: Mary Ellen Laster, Senior Housing Manager Negotiating Parties: City of Orange and Triangle Terrace Affordable, L.P. Under Negotiation: Lease terms b. Public Employee Appointment — Pursuant to Government Code Section 54957(b): Title: Orange Public Library Director Title: Police Chief 4. ADJOURNMENT — At 6:26 p.m. the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, March 8, 2016, in the Council Chamber. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING MARCH 8, 2016 This Regular Meeting of the Orange City Council was called to order by Mayor Smith at 6:26 p.m. 1.1 INVOCATION Given by Pastor Danny Kurimay from Zion Community 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 Barry Cole for induction into the Manufactured Housing Hall of Fame. Proclamation honoring John Cox for his 22 years of contributions to the Orange Park Acres Community. Mayor Smith announced that the State of the City Address would be on Thursday, March 24, 2016. 2. PUBLIC COMMENTS Craig Sheets — spoke about drug abuse in Orange County. Adam Duberstein — spoke in opposition to any expansion of Chapman University. Jim Karras — spoke in opposition to any expansion of Chapman University, and urged the University to provide affordable on- campus housing. PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR MARCH 8, 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 February 4, 11, 18, and 25, 2016. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of February 9, 2016. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report for the period ending February 29, 2016. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS 3.5 Amendment to Consultant Services Agreement No. 6249 with Raftelis Financial Consultants for additional services preparing the Sanitation Rate Study. (A2100.0 Agr- 6249.1) ACTION: Approved First Amendment to a Consultant Services Agreement with Raftelis Financial Consultants, and increased the contract amount by $13,980 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MARCH 8, 2016 3.6 Agreements with (1) the City of Anaheim and (2) The Olson Company for Orange to provide Sewer Service to a New Condominium Development in Anaheim. (A2100.0 Agr -6319 & Agr -6320) NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with employment. ACTION: Approved two sewer agreements: (1) Out of Area Sewer Service Agreement between City of Orange and City of Anaheim to allow the sewer discharge for property at 2337 -2415 South Manchester Avenue, Anaheim, to be served by City of Orange; and (2) Sewer Payment Agreement between City of Orange and The Olson Company for a lump sum payment of sewer maintenance fee. (ITEM REMOVED AND HEARD SEPARATELY) 3.7 Agreement between the City of Orange and The Roman Catholic Bishop of Orange regarding Recreational Trails. (A2100.0 Agr -6321) NOTE: Mayor Smith and Councilmember Whitaker recorded abstentions due to a potential conflict of interest and left the dais at 6:55 p.m., and returned to the dais at 7:01 p.m. Public Speakers Tom Davidson — spoke in support of the project. Mike Padian — spoke in support of the project. Laura Thomas — spoke in support of the project. MOTION — Nichols SECOND — Alvarez AYES — Alvarez, Murphy, Nichols ABSENT (RECUSED) — Whitaker, Smith Moved to approve the Agreement Regarding Recreational Trails between the City of Orange and The Roman Catholic Bishop of Orange and authorize the acceptance of two trail easements by easement deed. 3.8 Cooperative Agreement No. C -5 -3587 by and between Orange County Transportation Authority (OCTA), County of Orange, and the Cities of Orange and Garden Grove for the Implementation of the Chapman Avenue Regional Traffic Synchronization funded as part of the Measure M2 Regional Traffic Signal Synchronization Program (Project P). (A2100.0 Agr -6324) ACTION: Approved Cooperative Agreement No C -5 -3587 and authorized the Mayor and the City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MARCH 8, 2016 3.9 Agreement for the Transfer of Ownership of the Police Service Dog, Lycan, assigned to the Police Department's Canine Team, from the City of Orange to Canine Officer Carlos Gutierrez. (A2100.0 Agr -6300) ACTION: Approved the agreement transferring ownership of Lycan to Officer Carlos Gutierrez, effective February 23, 2016. 3.10 Third Amendment, First Extension to Agreement with Xerox State and Local Solutions, Inc. for Information Technology Services. (A2100.0 Agr - 5700.3) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the third amendment to the Information Technology Services Agreement with Xerox State and Local Solutions, Inc., extending the Agreement for one year commencing July 1, 2016, and terminating on June 30, 2017; and authorized the Mayor to execute the Amendment. 3.11 Agreement with Chapman University for Local Cable Programming. (A2100.0 Agr- 5689.A ACTION: 1) Authorized the Mayor and City Clerk to execute this Agreement on behalf of the City; and 2) authorized the appropriation of $40,000.00 from the (130) PEG unreserved fund balance to Account 130.0000.51700.20067 Contractual Services to cover the FY 15- 16 costs associated with the Chapman Agreement (the remainder $280,000 will be budgeted in the FY 16 -17 and FY 17 -18 budget process). 3.12 Agreement with White Nelson Diehl Evans LLP to Perform the Annual Financial Audit of the City and Successor Agency of the former Orange Redevelopment Agency for fiscal years 2015 -2016 through 2017 -2018. (A2100.0 Agr -6325) ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Consultant Services Agreement to EMG Holding LLC (EMG) for preparing the Facilities Condition Assessment (SP- 3950). (A2100.0 Agr -6326) ACTION: Awarded the contract in the amount of $123,000.00 to EMG and authorized the Mayor and City Clerk to execute on behalf of the City. Authorized the appropriation of $10,000 from the unreserved fund balance from the Capital Projects (500) fund to expenditure account 500.5028.56020.20204, Facilities Assessment. PAGE 5 CITY COUNCIL MINUTES MARCH 8, 2016 3. CONSENT CALENDAR (Continued) 3.14 Lease Agreement with Architects Orange for a short -term lease of a two story office building located at 174 S. Orange Street. (A2100.0 Agr -6327) NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest; and Councilmember Whitaker recorded an abstention due to a potential conflict with employment. ACTION: 1) Approved the Lease Agreement with Architects Orange; and 2) authorized the Mayor and the City Clerk to attest to the Lease Agreement with Architects Orange. 3.15 Professional Services Agreement for Environmental Review for the Santiago Hills II Project. (A2100.0 Agr -6328) ACTION: 1) Approved the Professional Services Agreement with ICF Jones & Stokes, Inc.; and 2) authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.16 Appropriation of funds received from Rancho Santiago Community College District (Santa Ana College) for Fire Department training hours. (C2500.H) ACTION: 1) Accepted into the City's revenue budget an $18,127.17 payment from Rancho Santiago Community College District, into revenue account 100.3023.48210.20234 — (Exp Reimb -Santa Ana Clg Fire Train 15 -16); and 2) Authorized the appropriation of $18,127.17 into expenditure account 100.3023.51840.20234 — (Local - Training Santa Ana College 15 -16). PAGE 6 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MARCH 8, 2016 3.17 Appropriation of funds received from State of California. (C2500.11) ACTION: Accepted into the City's revenue budget a total reimbursement of $358,794.67 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 Willow Fire 40104 $50,978.98 Fork Complex 40106 175,693.79 Jerusalem Fire 40107 12,797.86 Cuesta Fire 40108 1 3,124.06 Valley Fire 40115 40,025.14 Rough Fire 40109 66,174.84 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 Willow Fire 40104 $50,978.98 Fork Complex 40106 175,693.79 Jerusalem Fire 40107 12,797.86 Cuesta Fire 40108 13,124.06 Valley Fire 40115 40,025.14 Rough Fire 40109 66,174.84 BIDS 3.18 Bid No. 156 -33; Approval of plans and specifications, and request authorization to advertise for bids the Tustin Street and Vanowen Avenue Left Turn Signal Modification Project (SP- 3927). (S4000.S.3.3) ACTION: Approved plans and specifications, and authorized advertising for bids for the Tustin Street at Vanowen Avenue Left Turn Signal Modification Project. PAGE 7 CITY COUNCIL MINUTES MARCH 8, 2016 3. CONSENT CALENDAR (Continued) 3.19 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. Thomas O'Neill b. Manuel L. Hernandez C. Kimberly Pearson d. Jason Gardner e. AmeriCare MedServices, Inc. dba AmeriCare Ambulance f. Raul Roberto Davila Barron g. Kim Watson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.20 Contract Change Order No. 1 — Bid No. 145 -59; Orange Police Headquarters Walk - in Evidence Cooler/Freezer Installation Project. (A2100.0 Agr -6242) ACTION: Approved Contract Change Order No. 1 in the amount of $16,129.14 to Golden Sun Firm & Co., Inc. 3.21 Contract Change Order No. 1 and Final — Bid No. 145 -42; Fire Station Kitchen Improvements. (A2100.0 Agr -6223) ACTION: Approved Contract Change Order No. 1 and Final in the amount of $18,857 to Frank Shariat General Engineering. (ITEM REMOVED FROM THE CONSENT CALENDAR) 3.22 Contract Change Order No. 1 — Bid No. 156 -03; CDBG Fiscal Year 2014 -2015 Street /Sewer Improvement Project. (A2100.0 Agr -6259) ACTION: Continued to a date uncertain. 3.23 Final Acceptance of Bid No. 145 -47; Annual Pavement Maintenance Project at Various Locations Fiscal Year 2014 -15 performed by R.J. Noble Company; and authorization to file the Notice of Completion with the County Recorder. No staff report required (A2100.0 Agr -6226) ACTION: Accepted public work improvements, authorized release of Western Surety Company of California Bond No. 58725583 in the amount of $3,864,175.00 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) MARCH 8, 2016 3.24 Final Acceptance of Bid No. 145 -53; Sewer Replacement at Various Location Project, FY 2014 -15 performed by Vasilj, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6231) ACTION: Accepted public work improvements, authorized release of Fidelity & Deposit Company of Maryland Bond No. 7645310 in the amount of $1,043,300.00 to the contractor on said job; and authorized the Mayor and City Clerk to execute the Notice of Completion. PERMITS 3.25 Special Event Permit request from the Orange Blossoms, an Auxiliary of the Assistance League of Orange, to host the 10 Annual Taste of Orange, on Sunday, May 1, 2016. (P1300.0.9) ACTION: 1) Approved the closure of a portion of the South Orange Street public parking lot for use by the Assistance League of Orange, California, Inc., to hold their Annual "Taste of Orange" on Sunday, May 1, 2016; 2) Authorized the sale and permitted the purchase, possession, and consumption of alcoholic beverages at the annual "Taste of Orange" event, on a portion of the South Orange Street public parking lot pursuant to the requirements of Section 5.72.080 of the OMC; and 3) Approved waiver of $208 parking lot usage fee for this event. QUITCLAIM 3.26 Quitclaim of Public Utility Easement on North Side of 22 Freeway, East of Lewis Street from the City of Orange to the Orange County Transportation Authority (OCTA). (D4000.0) ACTION: Approved the quitclaim of the public utility easement to OCTA and authorized the mayor to sign the quitclaim deed. RESOLUTIONS 3.27 RESOLUTION NO. 10925 (C2500.K) A Resolution of the City Council of the City of Orange expressing appreciation to Robert Gustafson, Police Chief, and commending him for over 41 years of loyal and dedicated police service. ACTION: Approved. PAGE 9 CITY COUNCIL MINUTES MARCH 8, 2016 3. CONSENT CALENDAR (Continued) MOTION — Murphy SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Whitaker recorded an abstention on Items 3.6, 3.7, and 3.14. Mayor Smith recorded an abstention on Item 3.7. Mayor pro tem Murphy recorded an abstention on Item 3.10. Councilmember Alvarez recorded an abstention on Item 3.14. Speaker cards were submitted for Item 3.7; therefore it was removed from the Consent Calendar and heard separately. Item 3.22 was removed from the Consent Calendar and continued to a date uncertain. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH Mayor Smith invited the community to the State of the City Address on March 24, 2016, at 11:30 a.m. at Chapman University. 5. REPORTS FROM COUNCILMEMBERS Councilmember Alvarez congratulated Andrea Yamasaki on her election to the Orange Unified School District Board. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS 7.1 Maintenance Agreement for Recreational Trails between the City of Orange and the Orange Park Association, Inc. (A2100.0 Agr -6322) Public Speakers Tom Davidson and Laura Thomas spoke in support of the project. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve the agreement regarding the maintenance of public access multi - purpose equestrian/recreational trails between the City of Orange and the Orange Park Association, Inc., and allow the City Manager to approve any future amendments to this agreement as additional trail easements may be added for maintenance. PAGE 10 CITY COUNCIL MINUTES MARCH 8, 2016 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Agreement with GKK Works, Inc., for Construction Management Services for the Shaffer Park Renovation Project, for an amount not to exceed $276,511.00. (A2100.0 Agr -6323) Assistant Community Services Director Barbara Messick provided a staff report and answered Council's questions. She explained that many of the specific details have not been determined and will go through the normal approval process before being decided. Staff will also be looking at the parking issues on Orange Olive Road. MOTION — Whitaker SECOND — Alvarez AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to: 1) Appropriate $110,000.00 from the Fund 510 (Park Acquisition - Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042; and 2) Approve the Agreement between the City of Orange and GKK Works, Inc., and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIR 9.1 ORDINANCE NO. 03-16 (FIRST READING) (A2500.0) 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. Public Speakers The following people spoke in opposition of approving the proposed amendments to the Ordinance: Jason Mehta, Kyle Butenhoff, Josh Nudelman, Cynthia Papp, Bennett Tuleja, Maluica Sawhney, Olivia McLeod, Jackson Scott, Michael Reyes, and Adam Mann. The following person spoke in favor of approving the proposed amendments to the Ordinance: Diane Kropidlowski. Discussion — Council addressed the speakers' concerns and explained the reasons for the proposed amendments. They discussed Chapman students' accountability and the importance of communicating with the community and their neighbors. Council thanked the students for attending the meeting and clarified that this Ordinance would apply to all residents of Orange and not just the Chapman students. MOTION — Alvarez SECOND — Nichols AYES — Alvarez, Whitaker, Smith, Murphy, Nichols PAGE 11 CITY COUNCIL MINUTES 10. 11. MARCH 8, 2016 Moved that Ordinance No. 03 -16 be approved for First Reading and same was set for Second Reading by the preceding vote. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None PUBLIC HEARINGS — None 12. ADJOURNMENT — The Council adjourned at 8:25 p.m. to an Adjourned Regular Meeting on Tuesday, March 22, 2016, at 5:00 p.m. in the Weimer Room for a Budget Study Session. The next Regular Council Meeting will be held Tuesday, April 12, 2016, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if necessary. l � � BO ORNADO CHIEF CITY CLERK �f J - 4�9 TERESA E. SMITH MAYOR PAGE 12