Council Minutes 09/12/17APPROVED BY THE CITY COUNCIL ON OCTOBER 24, 2017
CITY COUNCIL
MEETING MINUTES
ORANGE, CALIFORNIA
SEPTEMBER 12, 2017
The City Council of the City of Orange, California convened on September 12, 2017, 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
ABSENT — Nichols
2. ORAL COMMUNICATIONS — None
3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:02
p.m. with all Members present, except Councilmember Nichols who was absent.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel
Employee Organizations: All Bargaining Groups and Unrepresented Employees.
b. Public employee performance evaluation pursuant to Government Code Section
54957:
Title: City Manager
4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, August 8, 2017, in the Council
Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
SEPTEMBER 12, 2017
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 Pastor Danny Kurimay from Bridge Community Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Mark A. Murphy.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy
ABSENT — Nichols
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by the Sons of Italy to the Orange Public Library
Presentation of a Proclamation Celebrating September as Literacy Month
Presentation by the Orange Public Library Foundation to the Orange Public Library
Presentation to John Hernandez, President Santiago Canyon College
Mayor pro tern Murphy announced the 21" Annual Inner - Coastal and Watershed Clean -up
Day on September 16.
2. PUBLIC COMMENTS
Rosemary Sieve — spoke regarding the speeding traffic on Shaffer Street.
Kathleen Green — spoke regarding the speeding traffic on Shaffer Street and the unsafe
conditions for the crossing guards and pedestrians.
Jim Shoffit, Boy Scout Troop 241 — spoke about the Scouting for Food program in Orange.
Carol Walters — spoke regarding the homeless in Orange.
Renee Mascolo — spoke regarding the homeless in Orange.
Jeff Hall — spoke regarding the homeless in Orange.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
2. PUBLIC COMMENTS (Continued)
Mark Menashe — spoke regarding the homeless in Orange.
Steve Lichten — spoke regarding the negative impact of rental properties and boarding
houses in Orange neighborhoods.
Robert Walters — spoke regarding the homeless in Orange and the need for a regional
solution.
Carole Pei — spoke regarding the homeless in Orange and requested the issue be placed on
the next City Council agenda.
Priscilla Selman — spoke regarding the homeless in Orange and the safety issues in Pitcher
Park.
Kimberly O' Neill — spoke regarding the homeless issue and the need for a regional
solution.
Michael Chenevert — spoke regarding the speeding traffic on Shaffer Street and suggested
installing additional signage.
Virginia Lorimor — spoke regarding the homeless in Orange.
Fred Rea — spoke regarding the homeless in Orange and suggested community based events
to fundraise for homeless solutions.
Malinda Willmore — spoke regarding the homeless in Orange and the need for a regional
solution.
Dianne Kropidlowski — spoke regarding the homeless and illegal behavior causing safety
issues at Pitcher Park.
Darcey Young — spoke regarding the homeless and requested the issue be placed on a City
Council agenda.
Karen Logan — spoke regarding a lighting issue with a neighbor.
Juan Bustillo — spoke regarding the homeless and the need for increased funding for
affordable housing.
Brad West — spoke regarding the homeless issue and the need for the County to allocate
more funding for permanent supportive housing.
Matthew Cunningham — spoke regarding the homeless in Orange and the need for a
regional solution.
Craig Wooldridge — spoke regarding the homeless in Orange and the need for a coordinated
effort with surrounding agencies.
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CITY COUNCIL MINUTES
2.
3.
3.1
3.2
3.3
3.4
3.5
SEPTEMBER 12, 2017
PUBLIC COMMENTS (Continued)
Rebecca Bates — spoke regarding the homeless in Orange and its effects on her business.
Bill Masters — spoke regarding the homeless and its effects on Orange business owners and
their customers.
Jerome Ryan — spoke regarding the dormitory housing of Chapman students in Old Towne
Orange, and the increasing homeless population in Orange.
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.
Confirmation of warrant registers dated August 1, August 4, August 10, August 15,
August 18, August 23, August 24, August 31, and September 1, 2017. (C2500.J.1.7)
ACTION: Approved.
City Council Minutes, Regular Meeting of August 8, 2017 and Special Meeting of
August 29, 2017. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Investment Oversight Committee Report for the period ending August 31, 2017.
(OR1800.0.27.16)
ACTION: Received and filed.
Third Amendment to Agreement No. 6331 with Raftelis Financial Consultants in the
amount of $10,579. (A2100.0; AGR- 6331.3)
ACTION: Approved Third Amendment to Agreement No. 6331 with Raftelis Financial
Consultants in the amount of $10,579 and authorized the Mayor and City Clerk to execute
on behalf of the City.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
3. CONSENT CALENDAR (Continued)
3.6 Second Amendment to Agreement with BC Traffic Specialist for installation of traffic
striping, pavement markings, and raised pavement markers at various locations
within the City of Orange in an amount not -to- exceed $139,855. (A2100.0; AGR-
6260.2)
ACTION: Approved Second Amendment to Agreement 6260 and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.7 Consultant Services Agreement with Page & Turnbull, Inc. to prepare design
standards for historic district designation of three historic Eichler Tracts. (A2100.0;
AGR -6516)
ACTION: 1) Approved the Consultant Services Agreement with Page & Turnbull, Inc. to
develop design standards for the Eichler Tracts for a not -to- exceed cost of $70,000; and 2)
Authorized the appropriation of $40,000 from unreserved fund balance to account number
100.6021.51660.00000: Current Planning — Other Professional & Consulting Services.
3.8 Appropriation of designated grant funding received from the California Department
of Resources Recycling and Recovery (CalRecycle) for the Beverage Container
Recycling Program. (C2500.M.1.1)
ACTION: 1) Accepted into the City's revenue budget $35,395 in grants from CalRecycle
and appropriated to the following revenue account number 220.5022.45290.20361, State
Grants — Beverage Container 16 -17; and 2) Authorize the appropriation of $35,395 into the
following expenditure account numbers: 220.5022.51001.20361 -Bev. Cont. Recycling 16-
17— Contractual Services, $17,000 and 220.5022.53001.20361 -Bev. Cont. Recycling 16-
17— Materials & Supplies, $18,395.
3.9 Appropriation of Donation from the Orange Public Library Foundation
(Foundation) of $8,450. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $8,450 donation from the
Foundation into revenue account number 100.2001.48390.19322 (Foundation Donations);
and 2) Authorized the appropriation of $8,450 into expenditure account number
100.2001.53301.19322 (Library Books - Foundation).
3.10 Approve the proposed List of Streets to be funded by RMRA, and adjust the City's
budget to properly track the expenditure of these funds. (S4000.S.7)
ACTION: 1) Approved the proposed List of Streets (Attachment "A" of the staff report) to
be funded by RMRA; and 2) Authorized the budget adjustment of $815,000 to the FY18
Annual Budget revenue estimate and expenditure appropriation as follows:
272.5011.45220.00000 State Gas Tax ($815,000)
272.5011.56330.13120 Pavement Management Program ( 815,000)
274.5011.45220.00000 State Gas Tax 815,000
274.5011.56330.13120 Pavement Management Program 815,000
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
3. CONSENT CALENDAR (Continued)
3.11 Fiscal Year 2017 -2018 (FY18) CIP Amendment for addition of a BioClean
Hydrodynamic Separator Unit and Connector Pipe Screens. (T2200.0)
ACTION: 1) Accepted into the City's revenue budget a $300,000 grant from OCTA, into
revenue account number 550.5022.45495.30098, Capital Projects — Grant Revenue; 2)
Authorized the appropriation of $300,000 into expenditure account number
550.5022.56330.30098, Capital Projects - Installation of BioClean Unit on Orangewood
Avenue; 3) Authorized the appropriation of $75,000 from the Sanitation and Sewer
unreserved fund balance to expenditure account number 220.5022.56330.30098, Sanitation
and Sewer — Installation of BioClean Unit on Orangewood Avenue; and
4) Authorized amendment of the FY 2017 -18 CIP to include Orangewood Avenue
BioClean Unit and Connector Pipe Screens Installation Project.
3.12 Grant #PT18107 from the State of California Office of Traffic Safety (OTS) for the
Selective Traffic Enforcement Program for Federal Fiscal Year 2018. (A2100.0;
AGR -6517)
ACTION: 1) Approved agreement with the State of California OTS for the grant and
authorized the City Manager to execute the agreement on behalf of the City; and 2)
Accepted into the City's revenue budget a $254,000 grant from the California OTS into
revenue account number 100.4041.45290.30097, General Fund- FY18 OTS Selective
Enforcement Program; and 3) Authorized the appropriation of $254,000 into the following
Traffic Program expenditure accounts:
100.4041.50221.30097
100.4041.5 0222.3 0097
100.4041.51830.30097
100.4041.5 5131.3 0097
3.13 CLAIMS (C3200.0)
Overtime — Safety OTS Grant 17 -18 $225,231
Overtime — Miscellaneous OTS Grant 17 -18 19,962
Overnight Training OTS Grant 17 -18 3,067
Equipment OTS Grant 17 -18 5,740
Total $254,000
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. Olga Torres
b. Samantha Galuppo
c. Michael Stern
d. Elva Ruacho
e. Souzan Ayoub
f. Creative Home dba CHI Construction
g. Irene Aguilar
ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims
Adjuster.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
3. CONSENT CALENDAR (Continued)
3.14 Award of contract for Bid No. 167 -47, Emergency Generator for Reservoir 9A Pump
Station. (A2100.0; AGR -6518)
ACTION: Awarded the contract in the amount of $128,934 to ACS Engineering, Inc.; and
authorized the Mayor and City Clerk to execute the necessary documents on behalf of the
City.
3.15 Award of contract for Bid No. 178 -04, Fire Station No. 7 Parking Lot Light Poles
Replacement. (A2100.0; AGR -6519)
ACTION: Awarded the contract in the amount of $29,259 to ND Construction Company,
Inc.; and authorized the Mayor and City Clerk to execute the necessary documents on
behalf of the City.
3.16 Contract Change Order No. 1- Bid No.167 -08; Annual Water Main Renewal Project.
(A2100.0; AGR -6463)
ACTION: Approved Contract Change Order No. 1 in the amount of $818,536.34 to Big
Ben Engineering, Inc. for additional work.
3.17 Contract Change Order No. 1 and Final for Agreement 6464, Bid No. 167 -27, Annual
Concrete Replacement Project at Various Locations, Fiscal Year 2016 -2017.
(A2100.0; AGR- 6464.1)
ACTION: Approved Contract Change Order No. 1 and Final in the amount of $126,582 to
EBS General Engineering, Inc. for the extra work.
3.18 Final Acceptance of Bid No. 167 -27; Annual Concrete Replacement Project at
Various Locations FY 16 -17; Project performed by EBS General Engineering, Inc;
and authorization to file the Notice of Completion with the County Recorder. (No
staff report required.)
ACTION: Accepted public work improvements, authorized release of Suretec Insurance
Company State of Texas, Bond No. 4412244 in the amount of $289,400.00 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. 167 -35; Heim Avenue at Canal Street Storm Drain
Improvements; Project performed by Vido Samarizich, Inc; and authorization to file
the Notice of Completion with the County Recorder. (No staff report required.)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit
Company of Maryland, Bond #08712156, in the amount of $99,018.00 to the contractor on
said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
3. CONSENT CALENDAR (Continued)
(ITEM WITHRAWN FROM THE AGENDA)
3.20 Final Tract Map No. 18081; Glassell Townhomes.
ACTION: Item 3.20 withdrawn from the agenda.
3.21 Purchase of eleven Public Safety vehicles for Orange Police Department (OPD).
(C2500.M.7)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Authorized the purchase of a total of nine vehicles from Ford of Orange,
Orange, CA, for the OPD in the amount of $321,963 as follows: Five (5) Ford Black &
White Police Patrol Utility Vehicles; one (1) Ford Black & White Police K -9 Utility
Vehicle; one (1) Ford Gang Utility Unit Vehicle; one (1) Unmarked Police Detective
Utility Vehicle; and one (1) F -150 1 /2 Ton V8 Pickup for OPD Traffic; 2) Authorized the
purchase of two Police Pursuit -Rated Tahoes for OPD from National Auto Fleet Group,
Watsonville, CA, in the amount of $88,047; 3) Awarded a contract for building /outfitting
eight of the above Police Patrol, Gang and Detective Vehicles to Hi Standard, of Orange,
CA, in the amount of $136,063; and 4) Authorized the City Manager to surplus the replaced
vehicles.
3.22 Purchase of eight miscellaneous vehicles for various Departments. (C2500.M.7)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Authorized the purchase of three (3) half -ton service trucks, and one (1) mid-
size utility from Ford of Orange for the amount of $132,547; 2) Authorized the purchase
of four (4) Zero Emission Electric Vehicles from Ford of Orange for the amount of
$123,787; 3) Authorize the appropriation of $74,764 from the AB 2766 Air Pollution
Reduction Fund 245 (AQMD) unreserved fund balance to expenditure account number
245.5023.55212.00000 Motor Vehicle Replacements; and 4) Authorized the City Manager
to surplus the replaced vehicles.
3.23 Relocate easement for storm drain purposes at 419 -420 W. Brenna Lane. (D4000.0)
ACTION: Authorized the Mayor to sign the quitclaim deed for the existing storm drain
easement and accept the new storm drain easement that is granted to the City.
3.24 Approving Christmas Holiday Closure. Resolution No. 11024. (C2500.J.4)
A Resolution of the City Council of the City of Orange regarding the 2017, 2018, and 2019
Christmas Holiday Closure.
ACTION: Approved Resolution No. 11024.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
3. CONSENT CALENDAR (Continued)
3.25 Approval of a temporary closure a half -block section of North Cypress Street between
West Palm and West Maple Avenue on October 7, 2017, to facilitate a special event
at Chapman University. Resolution No. 11026. (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a half -block
section of North Cypress Street between West Palm and West Maple Avenue from 11:00
a.m. to 4:00 p.m., Saturday, October 7, 2017, to facilitate a special event at Chapman
University.
ACTION: Approved Resolution No. 11026.
3.26 Authorizing the write -off of two small business assistance loans. Resolution No.
SAORA -027. (RA2100.0)
A Resolution of the Governing Board of the Successor Agency to the Orange
Redevelopment Agency authorizing the write -off of two Small Business Assistance loans
that are in default.
ACTION: Approved Resolution No. SAORA -027.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Mayor pro tem Murphy recorded an abstention on Items 3.21 and 3.22. Item 3.20 was
withdrawn from the agenda. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
Mayor Smith requested that staff bring back a report to the next Council meeting outlining
how the City has been addressing and will continue to address the homeless issue; and how
the City will support the County's efforts in patrolling the riverbed. Council would like to
see a multi - departmental report and any costs associated with any increased efforts. In
addition, the City Attorney was directed to look at current vagrancy and panhandling laws
and to report back with any necessary amendments. It was also suggested that an ad -hoc
committee be created to work with the County.
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CITY COUNCIL MINUTES SEPTEMBER 12, 2017
5. REPORTS FROM COUNCILMEMBERS
Councilmember Alvarez requested that the Council direct the City Attorney to review any
existing City laws pertaining to panhandling, vagrancy, loitering, or anti - camping; and to
bring back a report with any necessary amendments and costs associated with revising
these ordinances.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Approval of a two -year extension of the Solid Waste Franchise Agreement between
the City of Orange and CR &R Environmental Services. Resolution No. 10998.
(A2100.0; AGR- 5444.1)
Administrative Manager Greg Warren provided a brief staff report, and clarified that
approval of the Resolution only approves an extension of the existing agreement with all
stipulations remaining the same.
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to approve Resolution No. 10998 to extend the existing Agreement between the
City and CR &R from February 1, 2018, until January 31, 2020.
7.2 Approval of an agreement with Convergint Technologies for equipment and
installation of video surveillance systems. (A2100.0; AGR -6520)
Finance Director Will Kolbow provided a staff report and answered Council's questions
regarding the placement of cameras on specific buildings. Mr. Kolbow assured Council
that the Orange Police Department was involved with the design ensuring any areas of
concern will be monitored with the new surveillance system.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy
ABSENT
— Nichols
Moved to: 1) Approve agreement with Convergint Technologies in the revised amount of
$805,988.78, and authorize the Mayor and City Clerk to execute the agreement on behalf
of the City; 2) Authorize the appropriation of $100,000 from Information Technology (790)
unreserved fund balance to account number 790.4011.56032.20264; and 3) Authorize the
appropriation of $37,000 from Library Development Impact Fees (573) unreserved fund
balance to account number 573.2004.56020.30057.
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CITY COUNCIL MINUTES
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS — None
SEPTEMBER 12, 2017
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
11. PUBLIC HEARINGS —None
12. ADJOURNMENT — The City Council adjourned at 8:15 p.m.
The next Regular City Council Meeting will be held on Tuesday, October 10, 2017, 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 necessary.
E MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
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