Council Minutes 06/13/17APPROVED BY THE CITY COUNCIL ON JULY 11, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES JUNE 13, 2017
The City Council of the City of Orange, California convened on June 13, 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, 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 Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel.
Employee Organizations: All Bargaining Groups.
4. ADJOURN TO REGULAR MEETING — At 6:15 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, June 13, 2017, in the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
JUNE 13, 2017
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:17 p.m.
1.1 INVOCATION
Given by Reverend Michelle Harris - Gloyer from First Christian Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by the Orange Public Library Foundation to the Orange Public Library.
Presentation by the Community Foundation of Orange to participants in the Foundation
Games.
Presentation of Retirement Proclamation to Superintendent Mike Christensen, Orange
Unified School District.
Recognition of Boy Scouts of America Troop 4235.
Presentation of Proclamation in Recognition of Alzheimer's and Brain Awareness Month.
Mayor Smith announced a list of summer programs and events taking place at the Orange
Public Library. The 3` of July Celebration will be held on July 3, 2017, from 4:00 — 9:00
p.m. at Fred Kelley Stadium; and the Concerts in the Park series at the Hart Park Band
Shell will be held every Wednesday from 7:00 — 8:30 p.m. through August 9.
2. PUBLIC COMMENTS
Elda Gasga — spoke regarding an effort to reduce driving under the influence and underage
drinking in the City of Orange by offering training to those establishments that serve
alcohol.
Nancy Collins — expressed concerns with the City's Claim for Damages process.
Rachel Rolnicki — announced events being hosted by Congressman Lou Correa.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
JUNE 13, 2017
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 May 4, May 12, May 18, May 26, and June
1, 2017. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Adjourned Regular Meeting of March 28, 2017; Special
Meeting of May 2, 2017; and Regular Meeting of May 9, 2017. (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 May 31, 2017.
(OR1800.0.27.16)
ACTION: Received and filed.
3.5 City of Orange Hazard Mitigation Plan adoption (a Federal requirement in order for
local governments to seek and receive federal mitigation and post- disaster grant
funding). (C2500.E.6.2)
ACTION: Adopted the City of Orange Hazard Mitigation Plan.
3.6 Agreement with Icon Enterprises Inc., (dba CivicPlus) to provide a Recreation
Management Software system (CivicRec) for Community Services class registration
and facility reservations. (A2100.0; AGR -6481)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved Agreement with Icon Enterprises, Inc. for recreation software for a
not -to- exceed first year cost of $28,820; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7 Agreement with California Forensic Phlebotomy, Inc. (CFP), for evidence collection
services. (A2100.0; AGR- 1626.T)
ACTION: Approved agreement with CFP in an amount not -to- exceed $100,000; and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
3.8 Agreement with Cornerstone Communications for membership to Behind the Badge
OC. (A2100.0; AGR- 6400.A)
ACTION: Approved agreement with Cornerstone Communications in an amount not -to-
exceed $53,000; and authorized the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
JUNE 13, 2017
3. CONSENT CALENDAR (Continued)
3.9 Agreement with TriTech Software Systems for software upgrades and maintenance
of the Police Department's Computer Aided Dispatch and Records Management
System (CAD/RMS). (A2100.0; AGR- 3217.P)
NOTE: Mayor pro tern Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved agreement with TriTech Software Systems in an amount not -to-
exceed $107,014; and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.10 Agreement with Judicial Data Systems Corporation (JDS) for parking citation
processing. (A2100.0; AGR- 3553.Q)
ACTION: Approved agreement with JDS in an amount not -to- exceed $50,000; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.11 Agreement for painting the exterior of the Santa Fe Train Depot (Depot)/ Ruby's Restaurant
Building and Depot train platform facilities and appurtenances. (A2100.0; AGR -6483)
NOTE: There was a slight revision in the recommended action per a memo distributed to
Council in the Late Agenda Items (Hot File) packet.
ACTION: 1) Authorized an appropriation of up to $64,680 from the AQMD AB2766 Air
Pollution Reduction unreserved Fund 245 to account 245.7022.51401.20349 (Repairs to
Buildings and Fixed Equipment); and 2) Approved agreement with Stolie Painting in the
amount not -to- exceed $64,680 and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.12 Agreement with Nieves Landscape, Inc. for landscape maintenance services, repairs
and improvements for city facilities and districts. (A2100.0; AGR -6485)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict.
ACTION: Approved four -year agreement with Nieves Landscape, Inc. for a total not -to-
exceed amount of $2,117,598.95; and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.13 First Amendment to Agreement 6307 with KOA Corporation for professional
services to provide design revisions for the Glassell Street and Walnut Avenue left
turn signal modifications. (A2100.0; AGR- 6307.1)
ACTION: Approved the First Amendment to the professional services agreement in the
amount not -to- exceed $3,600 to KOA Corporation of Orange, CA; and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.14 First Amendment to Agreement 6378 with Siemens Industry, Inc. to provide emergency
response services for traffic signals /flashers and street lighting. (A2100.0; AGR- 6378.1)
ACTION: Approved First Amendment to agreement for emergency response services for
the traffic signals /flashers and street lighting in an amount not -to- exceed $40,000 and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.15 First Amendment to Consultant Services Agreement with The Code Group, Inc. to
provide field inspection services for the Building Division of the Community
Development Department. (A2100.0; AGR- 6459.1)
ACTION: Approved First Amendment to agreement with The Code Group, Inc. not -to-
exceed an additional $105,000, for a total contract amount of $135,000; and authorized the
Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 13, 2017
3.16 Third Amendment to Agreement No. 6002 with Common Area Maintenance Service,
Inc., dba CAM Services, for sidewalk steam cleaning services. (A2100.0; AGR- 6002.3)
ACTION: Approved Third Amendment to the Agreement with CAM Services for an
amount not -to- exceed $32,202; and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.17 Agreement between the City of Orange and The Jungle Nursery, Inc. for Weed
Abatement Services for Fiscal Year (FY) 2017 -18. (A2100.0; AGR- 6044.D)
ACTION: 1) Approved the renewed agreement between the City of Orange and The Jungle
Nursery, Inc. for weed abatement services in an amount not -to- exceed $96,250 for FY
2017 -18; and 2) Authorized the Mayor and City Clerk to execute the agreement on behalf
of the City.
3.18 Consultant Services Agreement between the City of Orange and Bureau Veritas North
America, Inc. for Plan Review Services for Fiscal Year (FY) 2017 -18. (A2100.0; AGR- 3100.N)
ACTION: 1) Approved the renewed agreement between the City of Orange and Bureau
Veritas North America, Inc. in an amount not -to- exceed $50,000 for FY 2017 -18; and 2)
Authorized the Mayor and City Clerk to execute on behalf of the City.
3.19 Consultant Services Agreement between the City of Orange and Code Consulting Group, LLC,
for Plan Review Services for FY 2016 -17 and FY 2017 -18. (A2100.0; AGR- 5285.G.2 & 5285.H)
ACTION: 1) Approved the Second Amendment between the City of Orange and Code
Consulting Group in an amount not -to- exceed $110,000 for FY 2016 -17; 2) Approved the
renewed agreement between the City of Orange and Code Consulting Group in an amount
not -to- exceed $40,000 for FY 2017 -18; and 3) Authorized the Mayor and City Clerk to
execute both agreements on behalf of the City.
3.20 Appropriation of $64,944.84 in revenue for Community Garden plot leases, military
banner donation revenue, sponsorship donations revenue, and sports field
maintenance and renovation at McPherson Athletic Facility, El Modena and Handy
Parks. (C2500.N)
NOTE: Mayor pro tern Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Authorized the appropriation of $253 from revenue account
100.7001.44210.20227 (Garden Plots) to expenditure account number 100.7001.51700.20227
(Garden Plots); 2) Authorized the appropriation of $360 from Revenue Account
100.7001.48390.20054 (Military Banners) to expenditure account number
100.7001.51780.20054 (Military Banners); 3) Accepted in the City's revenue budget three
$10,000 donations for a total of $30,000 from Chapman University, Ricci Reality, and St.
John's Lutheran, into revenue account number 100.7015.48390.20309 (Special Event
Donations); 4) Authorized the appropriation of $30,000 from revenue account
100.7015.48390.20309 (Special Event Donations) to expenditure account number
100.7015.51355.20309 (Special Events — Contractual Services) in the amount of $20,000 and
to expenditure account number 100.7015.53380.20309 (Special Events — Supplies) in the
amount of $10,000; and 5) Authorized the appropriation of $17,550 from revenue account
100.7001.42480.00000 (User Group Maintenance Fees) and $16,781.84 from revenue account
100.7022.42480.00000 (User Group Maintenance Fees) for a total of $34,331.84, to
expenditure account number 100.7022.51700.00000 (Contractual Services).
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 13, 2017
3.21 Appropriation for Microsoft Enterprise Agreement. (C2500.J.1.5)
ACTION: Authorized the appropriation of $350,000 from Information Technology (790)
unreserved fund balance to expenditure account 790.1601.56033.19640.
3.22 Appropriation of funds received from State of California Office of Emergency
Services. (C2500.H)
ACTION: Accepted into the City's revenue budget a total reimbursement of $258,240.57
in reimbursement payments into account number 100.3021.48212 — Reimbursement from
OES, within the following project numbers:
Description of Reimbursement
Project
Account
Revenue
Amount
Holy Fire
40146
$21,524.00
Soberanes Fire
40132
4,284.80
Soberanes Fire
40132
232,431.77
Total:
$258,240.57
Authorized the appropriation into expenditure account number 100.3021.50221 —
Overtime- Safety, within the project numbers and amounts as follows:
Description of Expenditure
Project
Account
Expenditure
Amount
Holy Fire
40146
$21,524.00
Soberanes Fire
40132
4,284.80
Soberanes Fire
40132
231,224.23
Total:
$257,033.03
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
Soberanes Fire
40132
$1,207.54
Total:
$1,207.54
3.23 Appropriation of funds received from Rancho Santiago Community College District
(Santa Ana College) for Fire Department training hours. (C2500.11)
ACTION: 1) Accepted into the City's revenue budget a $5,535.35 payment from Rancho
Santiago Community College District, into revenue account 100.3023.48210.20234 —
(Expense Reimbursement Santa Ana College Fire Training); and 2) Authorized the
appropriation of $5,535.35 into expenditure account 100.3023.51840.20234 — (Local -
Training Santa Ana College).
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 13, 2017
3.24 Appropriation of funds from the County of Orange for local law enforcement
overtime costs. (C2500.K)
ACTION: Authorized the appropriation of $21,334.41 from Other Grant Revenue
unreserved fund balance to expenditure account 100.4031.50221.20159, General Fund —
Post Release Community Supervision.
3.25 Bid No. 167 -47; Approval of plans and specifications for Emergency Generator for
Reservoir 9A Pump Station (W -680); and authorization to advertise for bids.
(C2500.M)
ACTION: Approved plans and specifications and authorized advertising for bids for
Emergency Generator for Reservoir 9A Pump Station.
3.26 Bid No. 167 -43; Approval of plans and specifications for Walnut Avenue Street
Improvements 400 feet east of Malena Street (SP- 3988). (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
Walnut Avenue Street Improvements.
3.27 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. Allstate a/s /o Lilia M. Lefeber
b. Maria Fernanda Grey
c. Daniel Cornwell
d. Jerry D. Morton
e. Jason Gardner
f. Jason Gardner
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
3.28 Award of Contract for Bid No. 167 -38; Federal Highway Safety Improvement
Program (HSIP) Pedestrian Crossings Upgrade at Fourteen Intersections. (A2100.0;
AGR -6487)
ACTION: Awarded the contract in the amount of $184,637 to ND Construction Company,
Inc. of Anaheim, CA; and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.29 Contract Change Order No. 1 and Final for Bid No. 156 -47; Collins Avenue Storm
Drain Improvements Project (D -170). (A2100.0; AGR- 6377.1)
ACTION: 1) Approved Contract Change Order No. 1 in the amount of $25,000.00 to
GRBCON, Inc.; and 2) Authorized the appropriation of $19,000 from the Sanitation Fund
(220) unreserved fund balance to expenditure account 220.5022.56330.30078, Streets -Bio
Clean Hydro Unit Collins.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 13, 2017
3.30 Award of Contract for Bid No. 167 -39; CDBG 2016 -2017 Senior Center Ceiling
Improvements. (A2100.0; AGR -6489)
ACTION: Awarded the contract in the amount of $30,000 to Sandwood Enterprises, Inc.;
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.31 Award of Contract for Bid No. 167 -45, Glassell Street Water Quality Storm Drain
Improvements, FY17. (A2100.0; AGR -6490)
ACTION: 1) Appropriated $80,000 from Fund 220 (Sanitation) unreserved fund balance
to project 220.5011.56330.20311; and 2) Awarded the contract to Paulus Engineering, Inc.
of Anaheim, CA, in the amount of $255,068; and authorized the Mayor to execute and the
City Clerk to attest the contract on behalf of the City.
3.32 Purchase of Winchester Law Enforcement ammunition from Dooley Enterprises, Inc.
(C2500.K)
ACTION: Authorized the sole source purchase of ammunition from Dooley Enterprises,
Inc. in an amount not -to- exceed $75,400.
3.33 Purchase of Police Department uniforms and accessories from Keystone Uniforms
Orange County. (C2500.K)
ACTION: Authorized the purchase of uniforms and accessories from Keystone in an
amount not -to- exceed $90,000.
3.34 Purchase of Firefighter safety gear and associated equipment from Allstar Fire
Equipment, Inc. (C2500.H)
ACTION: Authorized the purchase of Firefighter safety gear and equipment from Allstar
Fire for a total of $50,000 in Fiscal Year 2017 -18.
3.35 Purchase of Firefighter turnout safety gear and additional Fire Department
equipment from L.N. Curtis & Sons for Fiscal Year 2017 -18. (C2500.H)
ACTION: Authorized the purchase of Firefighter turnout safety gear and equipment from
L.N. Curtis & Sons for a total of $110,000 in Fiscal Year 2017 -18.
3.36 Purchase of Medical supplies from UC Regents UCI Medical Center. (C2500.H)
ACTION: Authorized the Fire Department to purchase medical supplies from UC Regents
UCI Medical Center in an amount not -to- exceed $50,000 for Fiscal Year 2017 -18.
3.37 Purchase of Medical supplies from Life Assist, Inc. (C2500.H)
ACTION: Authorized the Fire Department to purchase medical supplies from Life Assist
in an amount not -to- exceed $187,000 for Fiscal Year 2017 -18.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
JUNE 13, 2017
3.38 Purchase Firefighter uniforms from Keystone Uniforms Orange County. (C2500.11)
ACTION: Authorized the purchase of Firefighter uniforms for an amount not -to- exceed
$50,000 for Fiscal Year 2017 -18.
3.39 Purchase and installation of the PAX mixers from D &H Water Systems for Reservoir
2 and Reservoir 10. (C2500.M)
ACTION: Approved the purchase and installation of the PAX mixers from D &H Water
Systems in an amount not -to- exceed $98,374.
3.40 Quitclaim of drainage easement at Lemon Grove Apartments located at 1148 N.
Lemon Street. (D4000.0)
ACTION: Approved the quitclaim of the drainage easement quitclaim deed to Lemon
Grove LP and authorize the Mayor to sign the quitclaim deed.
3.41 General Plan Annual Progress Report to the State of California. (C2300.E)
ACTION: Received and filed the 2016 General Plan Annual Progress Report for submittal
to the State.
3.42 Approving and adopting a statement of investment policy for Fiscal Year 2017 —18.
Resolution No. 11005. (OR1800.0.27.16.2)
A Resolution of the City Council approving and adopting a statement of investment policy
for Fiscal Year 2017 —18.
ACTION: Approved Resolution No. 11005.
3.43 Local Signal Synchronization Plan Update. Resolution No. 11006. (S4000.S.3.3)
A Resolution of the City Council of the City of Orange concerning the status and update
of the circulation element, local signal synchronization plan, and mitigation fee program.
ACTION: 1) Approved Resolution No. 11006, 2) Approved M2 Seven -Year Capital
Improvement Program; and 3) Authorized staff to submit M2 Eligibility documentation to
OCTA.
3.44 Application for funds for the Environmental Cleanup, Tier 1 Grant Program under
Orange County Local Transportation. Resolution No. 11007. (T2200.0)
A Resolution of the City Council of the City of Orange authorizing an application for funds
for the Environmental Cleanup, Tier 1 Grant Program under Measure M and further
agreeing to fund project costs and additional costs over the identified program amount for
installation of a bioclean hydrodynamic separator unite and connector pipe screens.
ACTION: Approved Resolution No. 11007; and approved the submittal of an application
for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County
Local Transportation.
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CITY COUNCIL MINUTES JUNE 13, 2017
3. CONSENT CALENDAR (Continued)
MOTION — Alvarez
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Mayor pro tern Murphy recorded an abstention on Items 3.6, 3.9, and 3.21. Councilmember
Nichols recorded an abstention on Item 3.12. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS
Mayor pro tem Murphy reported that the Orange County Transportation Authority
approved a contract for the Metrolink Parking Structure. Construction should start this
summer.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Audit Committee; Post Vacancy Notice Pursuant to the Maddy Act.
City Manager Rick Otto presented a brief staff report. The Audit Committee last met in
2011. The Committee has seven members consisting of five citizen appointed members
and two staff members (Internal Audit Manager and City Manager). Currently, there are
two vacancies. To reinstate the committee, Council must fill the two vacant positions. Staff
also recommends asking the existing members to reapply if they are still interested in
serving.
During discussion, Council determined that, since the Committee has not met since 2011,
all five citizen appointed positions should be posted as vacant with the three existing
members reapplying if still interested in serving. There was also discussion about adding
the Treasurer as a staff member to the Committee.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to direct staff to post a Vacancy Notice for all five citizen appointed positions on
the Audit Committee pursuant to the Maddy Act, and to add the City Treasurer as a staff
member on the Committee.
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CITY COUNCIL MINUTES JUNE 13, 2017
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS
9.1 Approving Zone Change No. 1280 -16 for a vacant lot located at 140 N. Hewes Street.
Ordinance No. 03 -17 (Second Reading) (A2500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1280-
16 for the establishment of Multi - Family Residential (R -3) zoning consistent with the
existing Low Medium Density Residential (LMDR) General Plan Land Use Designation
for a vacant lot located at 140 N. Hewes Street.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 03 -17 be read by title only and same was approved and adopted
by the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
11. PLANNING AND ENVIRONMENT
11.1 Appeal of a denial of a tree removal permit at 513 E. Chapman Ave. (A4000.0)
City Manager Otto introduced the item, and Community Services Director Bonnie Hagan
provided the staff report. Councilmember Alvarez provided an explanation as to why he
filed the appeal citing that the trees in question are not listed on the historical tree list.
Public Speakers
Gina Oklejas, property owner — spoke in support of approving the tree removal permit.
Tony Trabucco, Old Towne Preservation Association — opposes the removal of the trees
and supports denying the appeal.
Bee Kight- Herbst — spoke in support of removal of the trees.
Suzy Wallace — opposes the removal of the trees and supports denying the appeal.
Megan Penn — opposes the removal of the trees and supports denying the appeal.
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CITY COUNCIL MINUTES JUNE 13, 2017
11. PLANNING AND ENVIRONMENT (Continued)
Keely Ratzlaff — opposes the removal of the trees and supports denying the appeal.
Jacob Ratzlaff — opposes the removal of the trees and supports denying the appeal.
Angela Nichter — opposes the removal of the trees and supports denying the appeal.
Janine McCormick — opposes the removal of the trees and supports denying the appeal.
Ana Sonco — opposes the removal of the trees and supports denying the appeal.
Tim McCormack — opposes the removal of the trees and supports denying the appeal.
Katie Schroeder — spoke in support of removal of the trees.
During discussion, Council discussed the tree ordinance and the health of the trees in
question. The trees appear to be healthy and firmly rooted. Council values the rights of
the property owner; however, there are rules and regulations that property owners in Old
Towne must abide by. Council could not support the appeal, but agreed that the language
within the tree ordinance needs to be reviewed. After further discussion Councilmember
, Alvarez decided to withdraw the appeal.
MOTION
— Alvarez
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to withdraw the appeal.
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CITY COUNCIL MINUTES
12. PUBLIC HEARINGS
JUNE 13, 2017
12.1 Proposed Fiscal Year 2017 -18 (FY 18) City of Orange Budget and Five Year Capital
Improvement Program including approval of recommended personnel action.
(C2500.J.1.1)
Time set for a public hearing to consider the Proposed Fiscal Year 2017 -18 (FY 18) City
of Orange Operating and Capital Improvement Program Budget.
City Manager Otto introduced the item and Finance Director Will Kolbow provided a staff
report and answered Council's questions.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
For Fiscal Year 2016 -17:
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to authorize the appropriation of $44,000 from the AB 2766 Air Pollution
Reduction Fund (245) unreserved fund balance to expenditure account
245.1401.50002.00000, Regular Salaries- Miscellaneous, and; authorize the appropriation
of $75,000 from the Public Education and Government (PEG) Fund (13 0) unreserved fund
balance to expenditure account 130.0000.51700.20067 Contractual Services - PEG
Program for Chapman University.
For Fiscal Year 2017 -18:
1) RESOLUTION NO. 11013
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.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11013.
2) RESOLUTION NO. 11014
A Resolution of the City Council of the City of Orange adopting said City's Budget for
the Fiscal Year 2017 -18 (FY 18) City of Orange Operating Budget.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11014.
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CITY COUNCIL MINUTES
12. PUBLIC HEARINGS (Continued)
JUNE 13, 2017
3) RESOLUTION NO. 11015
A Resolution of the City Council of the City of Orange adopting the appropriations
limit for the Fiscal Year 2017 -18.
4) Find that the portion of the Fiscal Year 2017 -18 Budget subject to the Gann limit is
$95,127,861 and therefore within the limit.
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11015 and find that the portion of the Fiscal Year 2017-
18 Budget subject to the Gann limit is $95,127,861 and therefore within the limit.
5) RESOLUTION NO. 11016
A Resolution of the City Council of the City of Orange authorizing staff to submit to
the Orange County Transportation Authority the Measure M2 Seven -Year Capital
Improvement Program for Fiscal Year 2017 -18 through 2023 -24 to comply with
Measure M2 eligibility criteria.
MOTION — Smith
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11016.
6) RESOLUTION NO. 11017
A Resolution of the City Council of the City of Orange relating to classification,
compensation, and terms of employment of Executive Directors and Top Management
employees and repealing Resolution No. 10946 and amendments thereto.
MOTION
— Nichols
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11017.
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CITY COUNCIL MINUTES
12. PUBLIC HEARINGS (Continued)
JUNE 13, 2017
12.2 Sanitation Rate Adjustment. (A2500.0)
Time set for a public hearing to consider amending and revising the Master Schedule of
Fees and Charges to adopt new sanitation rates.
City Manager Otto introduced the item and City Engineer Frank Sun provided a staff report
and answered Council's questions regarding the proposed adjustments to the residential
and commercial rates.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Chief Clerk Robert Zornado announced that 14 written protest letters were received.
During discussion, Mayor pro tem Murphy brought up concerns with the proposed increase
to the commercial rates if funded at the $2 million capital expenditure rate.
Councilmember Whitaker realizes that the Council wants to be sensitive to rate increases,
but raised concerns that if not funded at the $2 million rate, a future Council will have to
increase the rates even higher to make up for the deficit.
ORDINANCE NO. 04-17 (First Reading)
An Ordinance of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges relating to sewer rates.
MOTION — Smith
SECOND — Whitaker
During further discussion, Council clarified that the motion was to fund the proposed
sanitation rate at the $2 million capital expenditure rate. Mayor pro tem was not
comfortable voting on such an aggressive five year plan especially relating to the
commercial rates and would prefer a more gradual approach. Mayor Smith withdrew her
motion to allow for further Council discussion. Councilmember Whitaker withdrew his
second.
City Manager Otto clarified that Council could decide to fund at a lower rate and gradually
increase it over time. In reply to Councilmember Whitaker's question, Mr. Sun stated that
it costs $1 million to repair a half mile of sewer. Council discussed funding at a lower rate;
however decided it was not a viable option for the projected upkeep to the sewer lines.
After further discussion Councilmember Alvarez stated he would not be able to support
the Ordinance because of the proposed increase to the commercial rates.
MOTION — Smith
SECOND — Nichols
AYES — Whitaker, Smith, Nichols
NOES — Alvarez, Murphy
Moved that Ordinance No. 04 -17 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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CITY COUNCIL MINUTES
12. PUBLIC HEARINGS (Continued)
JUNE 13, 2017
12.3 Landscape Maintenance Assessment District 86 -2 (Santiago Hills). (L1200.0)
NOTE: Councilmember Nichols recorded an abstention on Items 12.3 and 12.4 due to a
potential conflict with a nearby property interest. She left the dais at 10:29 p.m.
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment
for Landscape Maintenance Assessment District 86 -2, which is located in Santiago Hills.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
1) RESOLUTION NO. 11008
A Resolution of the City Council of the City of Orange approving the Engineer's
Report and providing for the Annual Assessment for Landscape Maintenance District
86 -2 (Santiago Hills).
2) Establish the Assessment for Fiscal Year 2017 -18 for Landscape Maintenance
Assessment District 86 -2 at $369.44 per single family detached unit per year.
MOTION — Whitaker
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to approve Resolution No. 11008 and establish the Assessment for Fiscal Year
2017 -18 for Landscape Maintenance Assessment District 86 -2 at $369.44 per single family
detached unit per year.
12.4 Landscape Maintenance Assessment District 15 -1 (Santiago Hills Overlay) (L1200.0)
NOTE: Councilmember Nichols recorded an abstention on Items 12.3 and 12.4 due to a
potential conflict with a nearby property interest. She left the dais prior to Item 12.3 being
heard.
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment
for Landscape Maintenance Assessment District 15 -1, which is located in Santiago Hills.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Morgan Nelson — spoke in opposition to the proposed increase in the assessment.
THE MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES JUNE 13, 2017
12. PUBLIC HEARINGS (Continued)
1) RESOLUTION NO. 11009
A Resolution of the City Council of the City of Orange approving the Engineer's
Report and providing for the Annual Assessment for Landscape Maintenance District
15 -1 (Santiago Hills Overlay).
2) Establish the Assessment for Fiscal Year 2017 -18 for Landscape Maintenance
Assessment District 15 -1 at $244.49 per single family detached unit per year.
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED) — Nichols
Moved to approve Resolution No. 11009 and establish the Assessment for Fiscal Year
2017 -18 for Landscape Maintenance Assessment District 15 -1 at $244.49 per single family
detached unit per year.
Councilmember Nichols returned to the dais at 10:45 p.m.
12.5 Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing) (L1200.0)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment
for Landscape Maintenance Assessment District 94 -1, which is located along Santiago
Creek.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
1) RESOLUTION NO. 11010
A Resolution of the City Council of the City of Orange approving the Engineer's
Report and providing for the Annual Assessment for Landscape Maintenance District
94 -1 (Sycamore Crossing).
2) Establish the Assessment for Fiscal Year 2017 -18 for Landscape Maintenance
Assessment District 94 -1 at $293.08 per single family detached unit per year.
MOTION — Murphy
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11010 and establish the Assessment for Fiscal Year
2017 -18 for Landscape Maintenance Assessment District 94 -1 at $293.08 per single family
detached unit per year.
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CITY COUNCIL MINUTES
12.
12.6
13.
PUBLIC HEARINGS (Continued)
JUNE 13, 2017
Solid waste collection and disposal services rate adjustment. (C2500.M.1)
Time set for a public hearing to consider approving revised rates for solid waste collection
and disposal services.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 11011
A Resolution of the City Council of the City of Orange approving the revised rates for solid
waste collection and disposal services.
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11011.
ADJOURNMENT — The City Council adjourned at 10:56 p.m.
The next Regular City Council Meeting will be held on Tuesday, July 11, 2017, at 4:30
p.m. for an Employee Recognition and the Regular Meeting at 6:00 p.m. in the Council
Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
C4,
M URPHY
CITY CLERK
TERESA E. SMITH
MAYOR
PAGE 18