08-13-2019 Council MinutesAPPROVED BY THE CITY COLTNCIL ON SEPTEMBER 10, 2019
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES AUGUST 13, 2019
The City Council of the City of Orange, California convened on August 13, 2019, 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, Murphy,Nichols, Monaco
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 to discuss the following:
a. Conference with Legal Counsel—Existing litigation pursuant to Government Code
Section 54956.9(a) & (d)(1).
1) Case: Ricky Huffman v. City of Orange,
Orange County Superior Court Case No. 30-2018-01011339
2) Case: Christine Haynes v. City of Orange,
Orange County Superior Court Case No. 30-2018-01036076
3) Case: Southwest Voter Registration Education Project, et al. v. City of Orange,
California, Orange County Superior Court
b. Conference with Legal Counsel—Anticipated litigation pursuant to(Government Code
Section 54956.9(d)(2)-(4).
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Rick Otto, City Manager; Gary Sheatz, City Attorney.
Employee Organizations: Orange Maintenance and Crafts Employees' Association, ,
Orange Municipal Employees' Association, Orange Management Association, Water
Division Employees' Association.
4.ADJOURN TO REGULAR MEETING —At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, August 13, 2019, in the Council
Chamber.
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CITY COiJNCIL MINUTES AUGUST 13, 2019
fi:00 P.M..SESSION
1.OPENING
This Regular Meeting of the Orange City Council was called to order by Mayor Murphy
at 6:18 p.m.
1.1 INVOCATION
Given by Pastor Eric Turbedsky from Sovereign Grace Church.
1.2 PLEDGE OF ALLEGIAl TCE TO THE FLAG
Led by Councilmember Kimberlee Nichols.
1.3 ROLL CALL
PRESENT —Alvarez, Murphy,Nichols, Monaco
ABSENT —None
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Mayor Murphy announced that the last Concerts in the Park will be on Wednesday,August
21. He also announced programs and events taking place at the Orange Public Library.
Orange Public Library Foundation Presentation to Orange Public Library.
Presentation to the Youth Centers of Orange, winner of the Elks Drug Awareness Video
PSA Award.
Memorial adjournment for Eric H. Woolery, Orange County Auditor-Controller.
2. PUBLIC COMMENTS
Jessica Barber—opposes the use of pesticides in City parks.
Chris Felicijan—opposes the use of pesticides in City parks.
Kristin Yonnis—opposes the use of pesticides in City parks.
Angela Hicks—opposes the use of pesticides in City parks.
Kimberly Buchan—opposes the use of pesticides in City parks.
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CITY COiTNCIL MINUTES AUGUST 13, 2019
2.PUBLIC COMMENTS (Continued)
Matthew Duncan—opposes the use of rodenticide throughout the City.
Kimberly Delenman—opposes the use of herbicides in City parks.
John Schneider—opposes use of pesticides in City parks.
John Penir—opposes the use of pesticides in City parks.
Allison Serrao—opposes use of pesticides in City parks.
Bob Johnson—opposes the use of pesticides in City parks.
Ashley Reeves—opposes the use of pesticides in City parks.
Ally Chung—opposes the use of pesticides in City parks.
Karen Roses—opposes the use of pesticides in City parks.
Cathy Wenzel—spoke regarding a dangerous pit bull in her neighborhood.
Brian Wenzel—spoke regarding a dangerous pit bull in his neighborhood.
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 July 5, 9, 11, 19,23, and 25,2019.
ACTION: Approved.
3.2 City Council Minutes, Special Meeting of July 5, 2019; Regular Meeting of July 9,
2019; and Adjourned Regular Meeting of July 23,2019. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Monthly Treasurer's Reports for April, May, and June 2019. (C2500.F)
ACTION: Received and filed.
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CITY COUNCIL MINUTES AUGUST 13, 2019
3.CONSENT CALENDAR(Continued)
3.5 Agreement with Intratek Computer, Inc. for Information Technology Services for
help desk and desktop technical support; RFP 189-39. (A2100.0; Agr-6828)
NOTE:Mayor Murphy recorded an abstention due to a potential conflict with employment.
ACTION: Approved the agreement with Intratek Computer, Inc. in the amount of
828,551.70 for the period of September 1, 2019, through June 30, 2022; and authorized
the Mayor and City Clerk to execute.the agreement on behalf of the City.
3.6 Agreement with the City of Anaheim for Fiscal Year 2016 Program to Prepare
Communities for Complex Coordinated Terrorist Attacks. (A2100.0; Agr-6829)
ACTION: 1) Approved agreement with the City of Anaheim in an amount not to exceed
12,222 for Fiscal Year 2016 Program to Prepare Communities for Complex Coordinated
Terrorist Attacks (CCTA) and authorized the City Manager to execute on behalf of the
City; 2)Accepted into the City's revenue budget a$6,111 grant from the City of Anaheim,
into revenue account number 100.3021.45495.30124 General Fund- Other Grant Revenue
CCTA; 3) Authorized the appropriation of $6,111 into expenditure account number
100.3021.50221.30124, General Fund - Overtime Safety — CCTA; 4) Accepted into the
City's revenue budget a $6,111 grant from the City of Anaheim, into revenue account
number 100.4081.45495.30124 General Fund - Other Grant Revenue — CCTA; and
5) Authorized the appropriation of $6,111 into expenditure account number
100.4081.50221.30124, General Fund- Overtime Safety - CCTA.
3.7 Agreement with the City of Anaheim for Fiscal Year 2018 Urban Areas Security
Initiative grant. (A2100.0; Agr-5556.F)
ACTION: Approved the agreement with the CiTy of Anaheim for Fiscal Year 2018 Urban
Areas Security Initiative grant; and authorized the Mayor to execute on behalf of the City.
3.8 Professional Services Agreement with National Demographics, Inc. for demographic
services related to the establishment of a by-district electoral system. (A2100.0; Agr-
6830)
ACTION: Approved the agreement with National Demographics, Inc in an amount not to
exceed $46,000 for demographic services and authorized the Mayor and City Clerk to
execute on behalf of the City;and authorized the appropriation of$46,000 from the General
Fund unreserved fund balance to expenditure account number 100.0301.51600.00000,
General Fund—Legal Services.
ITEMS 3.9 AND 3.10 REMOVED FROM CONSENT AND HEARD CONCURRENTLY)
3.9 First Amendment to Master License Agreement with New Cingular Wireless, LLC.
3.10 First Amendment to Permit Agreement with Los Angeles SMSA Limited
Partnership, dba Verizon Wireless. (A2100.0; Agr-6651.1 and 4366.1)
Councilmember Nichols has some concerns with the proposed agreements including the
request from New Cingular Wireless(AT&T)for a change from 30 to an unlimited amount
of small cell towers (Item 3.9), and a request from Verizon to extend the agreement
termination date(Item 3.10). She suggested continuing both items to a future meeting date
to give staff time to look into creating an ordinance that defines limits and parameters
within the City. In addition, Mayor pro tem Alvarez requested information regarding EMF
levels being emitted by small cell towers.
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CITY COUNCIL MINUTES AUGUST 13, 2019
3.CONSENT CALENDAR(Continued) '
Public Speakers:
Richard Busch, outside counsel for AT&T—spoke in support of approving the agreement
with AT&T.
Angela Hicks—spoke in support of continuing Item 3.9 and Item 3.10.
Jessica Barber—spoke in opposition of approving these two agreements.
Marcus Ettinger—spoke in opposition of approving these two agreements.
Allison Serrao—spoke in opposition of approving these two agreements.
Chris Felicijan—spoke in opposition of approving these two agreements.
Jay Banks, Verizon— spoke in support of approving the extension to the agreement with
Verizon.
MOTION —Nichols
SECOND —Monaco
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to continue Items 3.9 and 3.10 to a date uncertain.
3.11 Number not used.
3.12 Appropriation of$37,000 in designated donation funding received from the Orange
Public Library Foundation. (C2500.n
ACTION: 1)Accepted into the City's revenue budget a$37,000 donation from the Orange
Public Library Foundation into revenue account number 100.2001.48390.19322, General
Fund- Orange Public Library Foundation; and 2)Authorized the appropriation of$37,000
into the following expenditure account numbers, General Fund - Orange Public Library
Foundation:
100.2001.53301.19322 -Library Books 10,000
100.2016.55131.19322 -Furniture, Machinery and Equipment 20,000
100.2017.55131.19322 -Furniture, Machinery and Equipment 7,000
37,000
3.13 Appropriation of$19,539 in designated continuing education funding received from
the Rancho Santiago Community College District. (C2500.I
ACTION: 1) Accepted into the City's revenue budget $19,539 in continuing education
funds from Rancho Santiago Community College District into revenue account number
1003023.48210.20234, General Fund — Santa Ana College Fire Training; and 2)
Authorized the appropriation of $19,539 into expenditure account number
100.3023.51840.20234, General Fund—Santa Ana College Fire Training.
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CITY COUNCIL MINUTES AUGUST 13, 2019
3. CONSENT CALENDAR(Continued)
3.14 Approval of plans and specifications and authorization to advertise for bids for Bond
Pit Storm Drain Repair (SP-4105); Bid No. 190-03. (C2500.M.17)
ACTION: Approved plans and specifications, and authorized advertising for bids.
3.15 Approval of plans and specifications and authorization to advertise for bids for Plaza
Trash Enclosure Improvement Project; Bid No. 190-02. (C2500.M)
ACTION: Approved the plans and specifications, and authorized advertising for bids.
3.16 Rejection of bids for Community Development Block Grant Fiscal Year 2018-2019,
Maple Neighborhood, Sacramento Neighborhood and Palm Avenue Street
Rehabilitation and authorization to re-advertise for bids; Bid No. 189-41. (54000.5.7)
ACTION: Rejected all bids receiveii, and authorized re-advertisement of this project.
3.17 Final Acceptance of Bid No. 167-09, Shaffer Park Renovation Project; and
authorization to file Notice of Completion with the County Recorder. (Agr-6432)
ACTION: Accepted as complete Shaffer Pazk Renovation Project; and authorized the
Mayor and City Clerk to execute the Notice of Completion.
3.18 Final Acceptance of Bid No. 189-16, Water Division Parking Lot Expansion; and
authorization to file Notice of Completion with the County Recorder. (Agr-6747)
ACTION: Accepted Water Division Parking Lot Expansion project as complete; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
3.19 Claims for Damages. (C3200.0)
ACTION: Denied the following claims for damages and referred to City Attorney and
Claims Adjuster:
1. Ly Ngoc Nguyen
2. Erik Garcia
3. Noreen Leimomi Hosler
4. Juanita Larranaga
5. Carlos Valenzuela
6. Barbara Timar
7. Maryshannon Lee
8. Daniel Larranaga
3.20 Award of Contract for Katella Avenue and Struck Avenue Intersection
Improvements Project to Calpromax Engineering, Inc.; Bid No. 189-36. (A2100.0;
Agr-6831)
ACTION: 1) Authorized the appropriation of $50,000 from Transportation System
Ixnprovement Program Area "B" (284) unreserved fund balance to expenditure account
number 284.5032.56100.20377, Katella/Struck Traffic Signal Modifications; 2) Awarded
the contract in the amount of $621,340 to Calpromax Engineering, Inc. of Placentia,
California; and authorized the Mayor and the City Clerk to execute on behalf of the City;
and 3) Authorized the City Manager to approve contract change orders up to 10% of the
contract award amount.
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CITY COUNCIL MINUTES AUGUST 13, 2019
3.CONSENT CALENDAR(Continued) .
3.21 Purchase of thirteen Public Safety Vehicles for the Orange Police Department
and one Public Safety Vehicle for the Orange Fire Department. (C2500.1Vn
NOTE:Mayor Murphy recorded an abstention due to a potential conflict with employment.
ACTION: 1) Approved the purchase of seven 2020 model Police Pursuit Rated, Black &
White Patrol Vehicles from Ford of Orange and two 2019 models from National Auto Fleet
Group in the amount of$361,158; 2) Approved the purchase of three Detective Special
Service Vehicles from National Auto Fleet Group in the amount of$83,215; 3)Approved
the purchase of one BMW Police Rated Motorcycle from Iry Seaver Motorcycles in the
amount of$29,424;4)Approved the purchase of one full-size Utility Vehicle from Selman
Chevrolet in the amount of$56,222; and 5) Approved the purchase and ou t that meets
OPD's specific requirements for twelve units from Hi-Standard Automotive in the amount
of$145,677.
3.22 Purchase of uniforms, badges, and patches for the Orange Police Department.
C2500.I
ACTION: 1) Approved the purchase of uniforms from Galls, LLC. in the amount of
120,000; 2) Approved the purchase of badges from V&V Manufacturing, Inc. in the
amount of$31,000; 3) Approved the purchase of equipment and supplies needed to outfit
officers from various vendors (lowest qualified bidder) in the amount of $34,000; and
4)Authorized the appropriation of$185,000 in the following expenditure account number
355.4011.55131.00000, Federal Asset Forfeiture—Equipment.
3.23 Purchase of Genesis Rescue Tools from Municipal Emergency Services through a
cooperative purchasing agreement. (C2500.I
ACTION: Approved the purchase of one complete set of Genesis Rescue Tools and
accessories for $55,000, from Municipal Emergency Services, through a cooperative
purchasing agreement.
3.24 Status report regarding calendar year 2018 fire inspections of educational and
selected residential occupancies in accordance with California Health and Safety
Code Section 13146.4. Resolution No. 11158. (C2500.I
A Resolution of the City Council of the City of Orange acknowledging receipt of a report
made by the Orange City Fire Department regarding the performance of certain required
annual inspections.
ACTION: Approved Resolution No. 11158.
MOTION —Monaco
SECOND —Alvarez
AYES —Alvarez, Murphy,Nichols, Monaco
Mayor Murphy recorded an abstention on Items 3.5 and 3.21 due to a potential conflict
with employment. Items 3.9 and 3.10 were removed from the Consent Calendar and heard
separately. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COLJNCIL MINUTES AUGUST 13, 2019
4. REPORTS FROM MAYOR MURPHY—None
5. REPORTS FROM COUNCILMEMBERS
Mayor pro tem Alvarez asked staff iF a toxicity study could be done on the parks after they
are sprayed. He would like a baseline for comparison once the Santiago Hills Park pilot
program starts. Staff has discussed options for establishing a baseline.
6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS—None
7. ADMINISTRATIVE REPORTS
7.1 Agreement with Fehr&Peers for Traf c Engineering Consultant Services for Senate
Bill 743 Implementation, and associated Cooperative Agreement between City of
Orange and Cities of Brea, Buena Park, Fullerton, La Habra, Placentia, and Yorba
Linda. (A2100.0; Agr-6835)
City Traffic Engineer Larry Tay provided the staff report utilizing a PowerPoint
presentation. He reviewed the Senate Bill 743 implementation project and general
requirements for compliance.
MOTION —Nichols
SECOND —Monaco
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to: 1) Approve agreement with Fehr & Peers in the amount of$149,395.00 for
Traffic Engineering Services for Senate Bi11743 Implementation, authorize the Mayor and
City Clerk to execute on behalf of the City, and authorize the City Manager to execute any
change in the Scope of Services and/or compensation as provided in Orange Municipal
Code Section 3.08.430; 2) Approve the associated Cooperative Agreement between the
City of Orange and the Cities of Brea, Buena Park, Fullerton, La Habra, Placentia, and
Yorba Linda, and authorize the City Manager to execute on behalf of the City; and
3) Authorize the appropriation of $28,350 from the Building Records and Planning
Documents unreserved fund balance to expenditure account number
110.5031.51670.30125, Building Records and Planning Documents — SB 743 Regional
Traffic Study.
8. REPORTS FROM CITY MANAGER—None
9. LEGAL AFFAIRS
9.1 Second Reading and adoption of an Ordinance of the City Council of the City of
Orange amending Section 2.10.090 of the Orange Municipal Code relating to
contributions from committees. (A2500.0)
MOTION —Monaco
SECOND —Alvarez
AYES —Alvarez, Murphy,Nichols, Monaco
Moved that Ordinance No. 04-19 be read by title only and same was approved and adopted
by the preceding vote.
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CITY COLJNCIL MINUTES AUGUST 13, 2019
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY—None
11 PUBLIC HEARINGS
11.1 Introduction and First Reading of an Ordinance approving Zone Change No. 1299-
19,West Katella Corridor Zone Change. (Z1500.0)
Time set for a public hearing to consider approval of Zone Change No. 1299-19 rezoning
specified properties in the Katella Corridor 2010 General Plan Land Use Focus Area to
Urban Mixed Use (LJMU)to establish consistency with the General Plan.
NOTE: Mayor Murphy recorded an abstention due to a potential conflict with employment
and left the meeting at 8:04 p.m. Mayor pro tem Alvarez conducted the meeting for the
remaining Open Session item.
Mayor pro tem Alvarez opened the Public Hearing.
Public S epalcers:
Cindy Wimbush—spoke in support of the zone change.
Casey Griffin—spoke in support of the zone change.
Brad Perozzi—spoke in support of the zone change.
James Potter—spoke in opposition of the zone change.
Mayor pro tem Alvarez closed the Public Hearing.
MOTION —Monaco
SECOND —Nichols
AYES —Alvarez,Nichols, Monaco
ABSENT (RECUSED)—Murphy
Moved to:
1) Find that the proposed zoning change is within the scope of the previously approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815-09; and
find that the Program EIR adequately describes the zoning changes for purposes of
CEQA and no new environmental documents are required.
2) Approve Ordinance No. OS-19 for First Reading and same was set for Second Reading
by the proceeding vote.
An Ordinance of the City Council of the City of Orange approving Zone Change
No. 1299-19 rezoning specified properties in the 2010 Katella Corridor General
Plan Focus Area, generally located from Main Street to the western City limit,from
Commercial Recreation (C-R) to Urban Mixed Use (iJMU), to establish
consistency between the Urban Mixed Use General Plan land use designation and
zoning classification in accordance with state law.
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CITY COUNCIL MINUTES AUGUST 13, 2019
12. ADJOURNMENT—There being no further business, the meeting was adjourned at 8:33
p.m. to August 27, 2019, in Memory of Eric H. Woolery, Orange County Auditor-
Controller.
An Adjourned Regular City Council Meeting will be held on Tuesday, August 27, 2019,
at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if
necessary.
C
PAMELA COLEMAN MARK A. MU H
CITY CLERK MAYOR
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