Council Minutes 10/09/18 APPROVED BY THE CITY COUNCIL ON NOVEMBER 13, 2018
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES OCTOBER 9, 2018
The City Council of the City of Orange, California convened on October 9, 2018, 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 —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 October 9, 2018, at 6:00 p.m. in the Council
Chamber.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
S:OO P.M. SESSION
1. ROLL CALL
PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT —None
2. ORAL COMMiJNICATIONS—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) & (d)(1).
1) Case: Orange County Catholic Workers, et al. v. County of Orange, et al.
USDC Case No. 8:18-cv-00155
2) Case: County of Orange v. California Department of Public Health
San Diego Superior Court
3) Case: Creative Home v. City of Orange
Riverside County Superior Court Case No. RIC1804155
b. Conference with Legal Counsel—Potential Litigation—Significant exposure to
Litigation pursuant to Government Code Section 54956.9(d)(2).
1) One potential case.
c. Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
4. ADJOURN TO REGULAR MEETING —At 6:05 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, October 9, 2018, in the Council
Chamber.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
6:00 P.M. SESSION
1. OPENING
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 Pastor Danny Kurimay from Bridge Community Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred M. Whitaker.
1.3 ROLL CALL
PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT —None
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Councilmember Alvarez announced that the annual Treats in the Streets Autumn Festival
is on Thursday, October 25, 2018, from 4 —7 p.m. in the Old Towne Orange Plaza area;
Councilmember Whitaker announced that the Veterans Day Tribute will be on November
11, 2018, at the Veterans Memorial at Depot Park and the 2018 Field of Valor organized
by the CommuniTy Foundation of Orange will be displayed November 10 — 17 at Handy
Park; and Councilmember Nichols announced programs taking place at the Orange Public
Library this Fall.
The American Planning Association Great Places in America Designation.
Presentation by the Friends of the Orange Public Library to the Orange Public Library.
Proclamation Recognizing Jeff Kohrs for over 31 years of service.
Proclamation and Presentations Recognizing Fire Chief Jack Thomas for over 30 years of
service.
Memorial Adjournment for former City of Orange Mayor Jim Beam.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
2. PUBLIC COMMENTS
Balazs Ormai — spoke regarding trash littering his property by the neighboring Waste
Management facility.
Carole Walters—inquired about the Mills Act program; and discussed illegal fireworks in
the City.
Brenda Lebsack—spoke regarding the Orange Unified School District's (OUSD) decision
to halt the Teen Talk pilot program and encouraged City Council to endorse OUSD
candidates that best represent the sentiments of the community.
Gheorghe Rosca — spoke regarding the community's opposition to AB 329 Teen Talk
program and encouraged City Council to support local leaders that support the well-being
of the community's families.
Jinah Yi — spoke in opposition of the Teen Talk program and the California Board of
Education approved curriculum for the AB 329 California Healthy Youth Act and
encouraged City Council to endorse OUSD candidates that support parents' rights.
Vicki Myer—spoke in opposition of AB 329 and is thankful that the Orange Unified School
District decided to halt the program.
Diana Alba— spoke in opposition of AB 329 and is concerned with the curriculum being
taught in public schools.
Janya Morgan, Waste Management — spoke regarding Mr. Ormai's concern with trash
being found on his property and reported that Waste Management has met with City staff
and Mr. Ormai in order to mitigate the issue; she distributed meeting minutes from a
September 20, 2018,meeting.
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 August 7 and 29,2018; and September 6, 14,
20, and 28,2018. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of September 11,2018. (C2500.D.4)
ACTION: Approved.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
3. CONSENT CALENDAR(Continued)
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
2017-18. (C2500.J.1.0.2)
ACTION: Received and filed.
3.5 First Amendment to Agreement No. 6323 with GKK WORKS, Inc. in the amount of
$87,000 for construction management services for the Shaffer Park Renovation
Project. (A2100.0; AGR-6323.1)
ACTION: 1) Authorized the appropriation of$87,000 from Fund 510 (Park Acquisition-
Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042
(CIP — Shaffer Park Renovation); and 2) Approved the amendment with GKK WORKS,
Inc. in the amount of$87,000, and authorized the Mayor and City Clerk to execute the
Amendment on behalf of the City.
3.6 Agreement with Great Scott Tree Service,Inc. in the amount of$118,470 for tree and
brush clearance along a portion of Santiago Creek. (A2100.0; AGR-6656)
ACTION: 1)Authorized the appropriation of$118,470 from unreserved Fund 100 balance
, (General Fund) to expenditure account 100.7022.51700.00000 (Contractual Services);
2)Approved the agreement with Great Scott Tree Service,Inc. for tree and brush clearance
and Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City;
and 3)Authorized City Staff to file a Notice of Exemption to the County of Orange for the
California Environmental Quality Act due to the minor nature of the project.
3.7 Authorize the first amendment to Agreement 6270 with Bibliotheca for purchase of a
replacement sorter and associated maintenance for the sorter and all Radio
Frequency Identification(RFID)equipment for the Orange Public Library&History
Center. (A2100.0; AGR-6270.1)
ACTION: 1) Authorized sole source upgrade and purchase of a replacement AMH sorter
from Bibliotheca for an amount not-to-exceed$183,580 (plus tax); 2) Authorized renewal
of annual maintenance service for all RFID equipment through FY 23/24; and 3)
Authorized Mayor and City Clerk to execute the Amendment on behalf of the City.
3.8 Second Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart to provide legal services related to litigation defense in the matter
of The Estate of Michael Perez v. City of Orange. (A2100.0; AGR-6569.2)
ACTION: Approved the Second Amendment to Attorney Services Agreement with
Woodruff, Spradlin& Smart in the amount of$90,000; and authorized the Mayor and City
Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
3. CONSENT CALENDAR(Continued)
3.9 Appropriation of $8,740 of user group revenue for sports field maintenance and
renovation. (C2500.N)
ACTION: Authorized the appropriation of $8,740 from revenue account
100.7022.42480.00000 (User Group Maintenance Fees) as follows: $1,660 to
100.7022.51420.00000 (Maintenance Contracts) and $7,080 to 100.7022.51424.00000
(User Group Maintenance).
3.10 Request to accept and appropriate into the City's revenue budget a$36,700 donation
from the Friends of Orange Public Library(Friends). (C2500.I)
ACTION: 1)Accepted into the City's revenue budget a$36,700 donation from the Friends,
into revenue account number 100.2001.48390.19990 (Friends Donations); and
2) Authorized the appropriation of $36,700 into the following expenditure account
numbers:
100.2001.53301.19990 -Book Budget(Friends) $21,000
100.2001.53011.19990 -Employee Recognition Program (Friends) 1,000
100.2004.51423.19990 -Maintenance &Equipment(Friends) 9,700
100.2016.53340.19990 - Craft supplies-Adult(Friends) 500
100.2017.53340.19990 - Craft supplies-Children&Teen(Friends) 4,500
$36,700
3.11 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$99,312.06
into account number 100.3021.48212.40174—Reimbursement from OES, Canyon 2 Fire;
2) Authorized the appropriation of $97,296 into expenditure account number:
100.3021.50221.40174 — Overtime-Safety; and 3) Authorized the appropriation of
$2,016.36 into expenditure account number 100.3021.53860.40174 — Strike Team
Expenditures.
3.12 Authorization to advertise for bids for construction of Fiscal Year 2017-18 (FY18)
Community Development Block Grant (CDBG) Tularosa Neighborhood/West
Palmyra Avenue Street Rehabilitation Project(SP-4059); Bid No. 189-12. (54000.5.7)
ACTION: Approved plans and specifications and authorize advertising for bids for the
CDBG FY18 Tularosa Neighborhood/West Palmyra Avenue Street Rehabilitation Project.
3.13 Final acceptance of Bid No. 167-41; Calsense Installation at Various Parks; and
authorization to file Notice of Completion with the County Recorder. (AGR-6494)
ACTION: Accepted Calsense Installation at Various Parks project as complete; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
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CITY COLTNCIL MINUTES OCTOBER 9, 2018
3. CONSENT CALENDAR(Continued)
3.14 Final acceptance of Bid No. 167-40; Booster Pump Installation at City Parks; and
authorization to file Notice of Completion with the County Recorder. (AGR-6493)
ACTION: Accepted Booster Pump Installation at City Parks project as complete; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
3.15 Final acceptance of Bid No. 178-41; Handy Creek Palm Removal Project(FY18); and
authorization to file Notice of Completion with the County Recorder. (AGR-6630)
ACTION: Accepted Handy Creek Palm Removal Project (FY18) as complete; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
3.16 Claims for Damages. (C3200.0)
ACTION: Denied the following claims for damages and referred to City Attorney and
Claims Adjuster:
a. David Oceguera
b. Kara Beth Oceguera
c. Kim McCoy, Personal Injury
d. Kim McCoy, Property Damage
3.17 Change Order No. 2 to Cambridge Storm Drain Project contract; Bid No. 178-32.
(A2100.0; AGR-6611)
ACTION: Approved Contract Change Order No. 2 in the amount of$109,581 to Garrett
J Gentry Engineering for the additional work.
3.18 Purchase of 50 Electronic Paramedic Care Report tablets from Verizon Wireless for
$32,022. (C2500.I�
ACTION: Authorized the purchase of 50 iPad Pro 10.5 64 GB tablets from Verizon for
$32,022.
3.19 Delegating Authority for Industrial Disability Retirement Determinations.
Resolution No. 11111. (C2500.J.4.21)
A Resolution of the City Council of the City of Orange Delegating Authority to the City
Manager to Apply for and Make Industrial Disability Retirement Determinations.
ACTION: Approved Resolution No. 11111.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
3. CONSENT CALENDAR(Continued)
3.20 Classification, Compensation, and Terms of Service for Part-Time and Seasonal
Employees; and amending the citywide salary schedule. Resolution Nos. 11112 and
11113. (C2500.4.7)
A Resolution of the City Council of the City of Orange Relating to the Classification,
Compensation, and Terms of Employment for Part-Time and Seasonal Employees of the �
City of Orange Effective July 1, 2018, through and including�June 30, 2019, and repealing
Resolution No. 11042 and amendments thereto, for said employees.
A Resolution of the City Council of the City of Orange amending the citywide Salary
Schedule in accordance with the requirements of California Code of Regulations, Title 2,
Section 570.5.
ACTION: Approved Resolution No. 11112 and Resolution No. 11113.
3.21 Biennial update to the City's Conflict of Interest Code. Resolution No. 11114.
(C2500.C)
A Resolution of the City Council of the City of Orange adopting the Biennial Revisions to
Employee Positions and Titles in the Conflict of Interest Code for the City of Orange.
ACTION: Approved Resolution No. 11114.
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to approve all items on the Consent Calendar as recommended.
END OF CONSENT CALENDAR
�x * � * * � * �
4. REPORTS FROM MAYOR SMITH
Mayor Smith acknowledged staff, the community, and local businesses for their
contribution in the Plaza being designated as one of the Great Places in America by the
American Planning Association.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Alvarez: Audit of the Orange International Street Fair.
Councilmember Alvarez reported that he would like to recommend that Council direct staff
to contract with a third party to conduct an audit of the Orange International Street Fair
before the Fiscal Year 2019 agreement is executed.
City Manager Otto provided Council with a brief staff report. The results of the audit will
be brought back to Council at the January or February meeting. It is estimated that the cost
of the audit using an outside firm would be $20,000.
Public Speaker:
Carole Walters—spoke in support of an audit being done every year.
It was Council consensus to have staff move forward with the audit of the Orange
International Street Fair.
6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS
6.1 Report from City Council Ad Hoc Committees related to Homelessness:
Community Communications
Councilmember Alvarez reported that he was re-appointed by Supervisor Spitzer to represent the
third district on the Orange County Housing and Authority Development Commission. He
described the California Department of Housing and Community Development's "No Place Like
Home" program which dedicates bond proceeds for counties to invest in the development of
permanent supportive housing. �
Cities and Non-profit Collaboration
Mayor Smith and Councilmember Nichols had nothing to report.
County En�a e�
Councilmember Whitaker provided an update on the Housing Trust fund and what the governance
of that fund will be. It is critical that cities maintain local control of the programs being proposed.
Mayor pro tem Murphy added that there are ongoing discussions regarding facility based solutions.
City Manager Otto provided a brief update on the North Service Plan Area.
7. ADMINISTRATIVE REPORTS
7.1 Financial status update for Fiscal Year 2018 and 2019. (C2500.J.1.1)
Administrative Services Director Will Kolbow provided a financial status update utilizing
a PowerPoint Presentation.
MOTION —Murphy
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith,Murphy,Nichols
Moved to receive and file.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
7. ADMINISTRATIVE REPORTS
7.2 Accept the resignation of Elected City Clerk Mary E. Murphy. (C2500.E)
MOTION —Murphy .
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to accept the resignation of elected City Clerk Mary E. Murphy.
City Attorney Winthers explained the difference between the elected City Clerk position
and appointed Chief Clerk position in the City Clerk Department. He provided Council
with the two options available to them for filling the vacant elected position. They may
choose to appoint a replacement or call for a special election.
It was Council consensus to accept applications for the vacant elected City Clerk position
until the close of business on Tuesday,November 6,2018.Council will review applications
and appoint someone at the November 13, 2018, meeting or call for a Special Meeting on
November 27, 2018, if needed.
RECESS: The City Council took a recess at 8:16 p.m. and reconvened at 8:31 p.m. with all
members present.
8. REPORTS FROM CITY MANAGER
8.1 Update on the Old Towne West/Metrolink Parking Structure. (C2500.E)
City Manager Otto provided an update on the Metrolink Parking Structure project utilizing
a PowerPoint presentation. The parking structure is on schedule to open early 2019. City
Manager Otto explained that the City has a requirement to adopt a management operational
plan. The plan,which outlines how the City will operate the structure,will be presented to
the Council at the November 13 meeting. The proposed hours of operation are 4:00 a.m.to
midnight to accommodate the Metrolink schedule. Of the 608 parking spaces, 508 of those
spaces will be designated for Metrolink use (but will be available for general public use as
well) and 100 spaces will be allocated for downtown parking. City Manager Otto also
updated Council on the design of the directional signs to the structure.
9. LEGAL AFFAIRS—None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY—None
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CITY COUNCIL MINUTES OCTOBER 9, 2018
11 PUBLIC HEARINGS
11.1 Old Towne Historic District Boundary Adjustment Zone Change No. 1289-18.
(Z1500.0)
Time set for a public hearing to consider Zone Change No. 1289-18 to expand an existing
historic district overlay zone to add 12 properties on South Batavia Street to the local Old
Towne Historic District. With the overlay zone, the City of Orange Historic Resources
Inventory will be updated accordingly to reflect the status of these properties.
Historic Planner Marissa Moshier provided the staff report. She noted that the majority of
the property owners are in support of the boundary adjustment.
The Mayor opened the Public Hearing; there being no speakers, the Mayor closed the
Public Hearing.
Ordinance No. 12-18 (First Reading)
An Ordinance of the City Council of the City of Orange approving a Zone Change to
expand an existing historic district overlay zone to add 12 properties on South Batavia
Street to the local Old Towne Historic District and update the City of Orange Historic
Resources Inventory.
MOTION —Smith
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to approve Ordinance No. 12-18 for First Reading and same was set for Seconding
Reading by the proceeding vote.
11.2 Nutwood Tract Zone Change No. 1288-18. (Continued from September 11, 2018)
(Z1500.0)
Time set for a public hearing to consider Zone Change No. 1288-18 to rezone select
properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office
Professional (OP) to establish consistency with the Low Density Residential and
Neighborhood Office Professional General Plan land use designations in accordance with
state law. The subject Zone Change addresses certain properties presently developed with
single-family residences on the 500-block of S. Orange Street and S. Grand Street between
E. La Veta Avenue and E.River Avenue and a professional office at 503 S. Glassell Street.
Associate Planner Kelly Ribuffo presented the staff report and answered Council's
questions regarding the property at 225 E.River. If left out of the zone change,there would
be an inconsistency between the General Plan and zoning. Community Development
Assistant Director Anna Pehoushek explained that if the property was to be removed from
the proposed zone change, Council could make a General Plan Amendment in the future
in order to resolve the inconsistency. There are other approaches staff could also take to
make the General Plan and zoning consistent.
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CITY COUNCIL MINUTES OCTOBER 9, 2018
11 PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers:
Kitty Juniper Aust—spoke in opposition of the zone change.
John Aust—spoke in opposition of the zone change.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council discussed removing the 225 E.River property from the proposed zone change.The
remaining properties to be included in the zone change are split up unevenly making it
difficult to achieve consistency between the General Plan and zoning. Councilmember
Whitaker discussed changing the General Plan rather than trying to piece together zone
changes. Mayor Smith explained that her motivation for bringing the item forward was to
protect the remaining single family homes in the Nutwood Tract neighborhood.
MOTION —Murphy.
SECOND —Smith
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to remove the property located at 225 E. River, Orange from the proposed zone
change and maintain its existing zoning.
MOTION —Murphy
SECOND —Whitaker
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to continue Item 11.2 approving Zone Change No. 1288-18 to a date uncertain and
direct staff to further review what is actually existing on the ground and to bring back more
information on what is gained by a zone change in this particular area in terms of protecting
the existing single family homes.
12. ADJOURNMENT — The Council adjourned at 8:27 p.m. in Memory of former Orange
Mayor Jim Beam.
The next Regular City Council Meeting will be held on Tuesday, November 13, 2018, at
6:00 p.m.in the Council Chamber,with Closed Session beginning at 5:00 p.m. if necessary.
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M Y E. MURPHY . TERE A E. SMITH
CITY CLERK MAYOR
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