09-10-2019 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 8, 2019
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES SEPTEMBER 10, 2019
The City Council of the City of Orange, California convened on September 10, 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 COMMUNICATIONS—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: 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.
d. Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Attorney
4. ADJOURN TO REGULAR MEETING —At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, September 10, 2019, in the Council
Chamber.
PAGE 1
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
6:00 P.M. SESSION
1. OPENING
This Regular Meeting of the Orange City Council was called to order by Mayor Murphy
at 6:08 p.m.
1.1 INVOCATION
Given by City of Orange Senior Administrative Analyst Aaron Schulze.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Michael Alvarez.
1.3 ROLL CALL
PRESENT —Alvarez, Murphy,Nichols, Monaco
ABSENT —None
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Councilmember Nichols announced a list of programs and events taking place at the
Orange Public Library.
Mayor Murphy announced the 23rd Annual Inner-Coastal and Watershed Clean-up Day
on September 21.
Presentation honoring the Olive Pony Baseba117U Hurricanes for winning the 2019 Pony
League World Series Championship.
2. PUBLIC COMMENTS
Colleen Brannon—concerned that her neighbor is running an Airbnb vacation rental.
Ron Patrello, Accountability Brothers — spoke regarding a program for recently released
prisoners.
Rick Rzeszewski, Orange Coast Community Church Pastor — spoke in support of the
Accountability Brothers program.
Robert Baeyens, Orange Coast Community Church member — spoke in support of the
Accountability Brothers program.
Chris Felicijan — spoke regarding the danger of small cell towers/SG and requested that
Council place a moratorium on any new cell towers until a wireless facilities ordinance is I
adopted.
PAGE 2
I
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
2. PUBLIC COMMENTS (Continued)
Jessica Barber—requested that Council place a moratorium on any new cell towers until a
wireless facilities ordinance is adopted.
Heidi Policky — raised concerns with the rising number of Airbnb's in the City and the
City's lack of regulations for short term vacation rentals.
Gail Kelly—concerned that neighbor is leasing home to someone who runs an Airbnb.
Chris Kelly—concerned with neighbor rumiing an Airbnb.
Don Bradley—spoke in opposition of a grading permit application submitted by Chandler
Sand and Gravel.
Sheldon Preston — requested assistance with excessive speed and concerning number of
DUI accidents in his neighborhood.
David Hillman—spoke in opposition of a grading permit application submitted by Chandler
Sand and Gravel.
Adrienne Gladson—announced that October is National Planning Month.
Karen Hamilton — spoke regarding the negative impact of the 10 Airbnb homes in her
neighborhood and urged the City to address the issue of Airbnb's and short term vacation
rentals in the City of Orange.
Bonnie Robinson — spoke in opposition of a grading permit application submitted by
Chandler Sand and Gravel.
Arianna Barrios—thanked Police and Fire for their quick response to an emergency at her
business.
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 2, 6, 8, 16, 22, and 30, 2019.
C2500.J.1.7)
ACTION: Approved.
PAGE 3
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
3. CONSENT CALENDAR(Continaed)
3.2 City Council Minutes, Regular Meeting of August 13, 2019; and Adjourned Regular
Meeting of August 27,2019. (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 August 31, 2019.
OR1800.0.27.16)
ACTION: Received and filed.
3.5 Grant Agreement with the State of California Office of Traffic Safety for the Selective
Traffic Enforcement Program for Federal Fiscal Year 2019-2020. (Agr-5117.L)
ACTION: 1) Approved grant agreement no. PT20097 with the State of California Office
of Traffic Safety; and authorize the City Manager to execute on behalf of the City;
2)Accepted into the City's revenue budget a$270,000 grant from the California Office of
Traffic Safety into revenue account number 100.4041.45290.30126, General Fund—OTS
Grant 19-20; and 3) Authorized the appropriation of$270,000 into the following Traffic
Program expenditure accounts:
100.4041.50221.30126 Overtime—Safety OTS Grant 19-20 244,655
100.4041.50222.30126 Overtime—Miscellaneous OTS Grant 19-20 21,540
100.4041.51840.30126 Local Training OTS Grant 19-20 2,200
100.4041.55131.30126 Equipment OTS Grant 19-20 1,605
Tota1 $270,000
3.6 Agreement with OpenGov, Inc. for enhanced public access to the City's financial
information, and to provide budgeting and planning, organizational performance,
and citizen engagement software tools. (A2100.0; Agr-6838)
ACTION: Approved the five-year agreement with OpenGov, Inc. in the amount of
386,870 for budgeting and planning,organizational performance,and citizen engagement
software tools and authorized the Mayor and City Clerk to execute the agreement on behalf
of the City.
ITEM REMOVED FROM CONSENT AND HEARD SEPARATELY)
3.7 Agreement with Sergeant Jude King for the transfer of ownership of police service
dog, Griffin, assigned to the Police Department's Canine Team. (A2100.0; Agr-6839)
Mayor Murphy thanked Griffin and Sergeant King for their service to the City of Orange.
MOTION —Murphy
SECOND —Nichols
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to approve agreement to transfer ownership from the City of Orange to Sergeant
Jude King and authorize the Mayor and City Clerk to execute on behalf of the City.
PAGE 4
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
3.CONSENT CALENDAR(Continued)
3.8 Rejection of bids for Bid No. 190-02;Plaza Trash Compactors Enclosures. (C2500.1Vn
ACTION: Rejected all bids received and authorized the re-advertisement of this project.
3.9 Claims for Damages.
ACTION: Denied the following claims for damages and referred to City Attorney and
Claims Adjuster:
1. Hoa Mai
2. Randy A. Duncan
3. Mary Thomason
4. Rosario Chavez
5. Alfonso Russell
6. John Ashton
7. Guillermo Tudela
8. Sandra Atere-Roberts
9. Andrea Shurtz
10. Tina L. DuBow
11. Charles and Buffy Monson
12. Jason Gardner
13. Charles Love Ball
14. Yvette P. Ontiveros
15. Dash Dornbush
3.10 Final Tract Map No. 18113 — Town and Country Apartments and Townhomes.
T4000.0)
ACTION: Approved Final Tract Map No. 18113.
3.11 Purchase of two vehicles for the Orange Police Department and one vehicle for the
Orange Fire Department. (C2500.iVn
ACTION: 1) Approved the purchase of one Cargo and one Passenger Van from National
Auto Fleet Group, a Division of Sourcewell; and 2)Approved the purchase of one Electric
Vehicle from Selman Chevrolet, Formal Bid No. 189-08.
MOTION —Alvarez
SECOND —Nichols
AYES —Alvarez, Murphy,Nichols, Monaco
Item 3.7 was removed from the Consent Calendar and heard separately. All other items on
the Consent Calendar were approved as recommended
END OF CONSENT CALENDAR
PAGE 5
CITY COLTNCIL MINUTES SEPTEMBER 10, 2019
4. REPORTS FROM MAYOR MURPHY—None
5. REPORTS FROM COUNCILMEMBERS—None
6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS—None
7. ADMII TISTRATIVE REPORTS—None
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 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 (LJMU),
to establish consistency between the Urban Mixed Use General Plan land use
designation and zoning classification in accordance with state law. (Z1500.0)
NOTE: Mayor Murphy recorded an abstention due to a potential conflict with employment
and left the dais at 7:09 p.m.
Mayor pro tem Alvarez conducted the meeting for the remainder of this item.
MOTION —Monaco
SECOND —Nichols
AYES —Alvarez,Nichols, Monaco
ABSENT (RECUSED)—Murphy
Moved that Ordinance No. OS-19 be read by title only and same was approved and adopted
by the preceding vote.
Mayor Murphy returned to the dais at 7:13 p.m.
PAGE 6
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY—None
11. PUBLIC HEARINGS
11.1 Public hearing pursuant to Elections Code section 10010(a)(2) to receive public
comment regarding the content of amended City Council districting maps published
on September 3, 2019, and consider the introduction and first reading of Ordinance
No. 06-19 an ordinance of the City Council of the City of Orange amending Title 2 of
the Orange Municipal Code by adding Chapter 2.02 to establish a by-district election
system for City Council members in six council districts with a separately elected
Mayor pursuant to California Elections Code § 10010 & California Government
Code §§ 34871(c) &34886. (E100.0)
Time set for a public hearing to consider approval of an ordinance establishing a by-district
election system.
Dr.Justin Levitt,National Demographics Corporation(NDC),presented a report regarding
Focus Maps 106, 110, and 122; and their respective amended maps.
Mayor Murphy opened the Public Hearing.
Public Speakers:
Reggie Mundekis—spoke in support of maps 106, 110, 123, 124,125, 126, 128, 129, 130,
132, 133, 134; and in support of keeping the Presidential Tract neighborhood together.
AJ Ricci—spoke in support of maps 130 and 123.
Sandy Quinn—spoke in support of map 135;and in support of keeping Old Towne together
in one district.
Adrienne Gladson—spoke in support of map 106, 135, and 134.
Don Bradley—spoke in support of map 135.
Martin Varona—spoke in support of 132 and 126.
Meagan Brown—spoke in support of map 132; and in opposition of maps 110 and 130.
Christopher Rouch—spoke in support of maps 106 and 132; and in support of keeping Old
Towne together in one district.
Theodor Albert—spoke in support of maps 135 and 106 and in opposition of map 110; and
in support of keeping Old Towne together in one district.
Bonnie Robinson—spoke in support of maps 106 and 135.
Arianna Barrios—spoke in support of keeping Old Towne together in one district.
PAGE 7
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
11. PUBLIC HEARINGS (Continued)
Laura Thomas—spoke in support of map 135.
Theresa Sears — spoke in support of map 135 with adjustments to keep the Presidential
Tract together.
Brian Lochrie — spoke in support of map 135 with adjustments to keep the Presidential
Tract together.
Mayor Murphy closed the Public Hearing.
During discussion Council selected map 135 for further consideration, and directed NDC
to malce adjustments based on public and Council input. The deadline for public comment
is October 11, 2019, and amended Focus Maps will be published on October 15, 2019.
MOTION —Murphy
SECOND —Alvarez
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to continue the Public Hearing to Tuesday, October 22, 2019.
RECESS: The City Council recessed at 8:24 p.m. and reconvened at 8:39 p.m. with all members
present.
11.2 An appeal of the Planning Commission approval of a project for the demolition of an
existing 10,589 square foot office building and construction of a 74-unit senior
affordable apartment building at 1249 E. Katella Avenue. (A4000.0)
Time set for a public hearing to consider an appeal by Tuskatella, LLC of Planning
Commission Resolution No. 12-19, a resolution approving Conditional Use Permit No.
3083-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19, Two
Concessions and Two Development.Standard Waivers.
Associate Planner Ashley Brodkin provided a brief staff report addressing the issues and
concerns raised in Appeal No. 0554-19.
Mayor Murphy opened the Public Hearing.
Public Speakers:
Christopher Hill, appellant — spoke in support Appeal No. 0554-19 requesting that the
project be denied.
Jennifer Fitzgerald, applicant— spoke in support of the project and requested that Appeal
No. 055419 be denied.
Katherine Connaghan—spoke in support of the project and denying the appeal.
Betty Miller—spoke in support of the project and denying the appeal.
PAGE S
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
11. PUBLIC HEARINGS (Continued)
Carla Hays—spoke in opposition of the project and approving the appeal.
Grant Henninger—spoke in support of the project and denying the appeal.
William Steiner—spoke in support of the project and denying the appeal.
Joyce Hays—spoke in opposition of the project and approving the appeal.
Lynette Page—spoke in support of the project and denying the appeal.
Dave Nelson—spoke in opposition of the project and approving the appeal.
Charlotte Abrams—spoke in support of the project and denying the appeal.
Elizabeth Hansburg—spoke in support of the project and denying the appeal.
Mayor Murphy closed the Public Hearing.
Councilmember Alvarez disclosed that his personal home is not within 500 feet of the
project, but it is within 800 feet of the project. He and the City Attorney looked at the
requirements based on new legislation and concluded that there is no perceivable conflict
of interest.
MOTION —Alvarez
SECOND —Monaco
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to approve Resolution No. 11181 denying Appeal No. 0554-19, and upholding the
decision of the Planning Commission of the CiTy of Orange approving Conditional Use
Permit No. 3083-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19,
Two Concessions,Two Development Standard Waivers, and the demolition of an existing
10,589 square foot office building for the construction of a 74-unit senior affordable
apartments located at 1249 E. Katella Avenue.
11.3 Solid waste collection and disposal services proposed rate adjustment.
NOTE: APPLICANT WITHDREW THE REQUEST
Time set for a public hearing to consider adoption of adjusted fees for the provision of
residential and commercial solid waste services.
Mayor Murphy noted that the applicant withdrew the request for the 2019 annual rate
adjustment; therefore no action was taken.
PAGE 9
CITY COUNCIL MINUTES SEPTEMBER 10, 2019
12. ADJOURNMENT—There being no further business,the meeting was adjourned at 10:45
p.m.
An Adjourned Regular City Council Meeting will be held on Tuesday,September 24,2019,
at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if
necessary.
The next Regular City Council Meeting will be held on Tuesday, October 8, 2019, at 4:30
p.m.for an Employee Recognition.The Regular Meeting will be at 6:00 p.m.in the Council
Chamber,with Closed Session beginning at 5:00 p.m:if necessazy.
PAMELA COLEMAN MARK A. MURP
CITY CLERK MAYOR
PAGE 10