Council Minutes 05/09/17APPROVED BY THE CITY COUNCIL ON JUNE 13, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES MAY 9, 2017
The City Council of the City of Orange, California convened on May 9, 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 6:10 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, May 9, 2017, in the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
MAY 9, 2017
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:11 p.m.
1.1 INVOCATION
Given by Pastor Brenton Fessler from Refuge OC.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Kimberlee Nichols.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Michael Markus, Orange County Water District.
Proclamation Recognizing Donate Life Month.
Proclamation Recognizing National Public Works Week, May 21 -27, 2017.
Presentation to Willie and Ann Mattern.
Presentation of a Retirement Resolution to Rebecca Serna.
Mayor Smith announced events taking place at the Orange Public Library.
2. PUBLIC COMMENTS
Jack Raubalt — introduced Chapman University Student Government Association President
Mitchell Rosenberg
Mitchell Rosenberg — introduced himself as the new 2017 -18 Chapman University Student
Government Association President.
Jerome Ryan — suggested that City Council extend the Public Comment speaker time from
three minutes to five minutes, and move the Public Comment section before all the
Presentations and Announcements.
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CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
CONSENT CALENDAR
MAY 9, 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.
Confirmation of warrant registers dated April 6, April 14, April 20, and April 28,
2017. (C2500.J.1.7)
ACTION: Approved.
City Council Minutes, Regular Meeting of April 11, 2017. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Monthly Treasurer's Reports for January, February, and March 2017. (C2500.F)
ACTION: Received and filed.
Number not used.
AGREEMENTS
Participate in a one -time intergovernmental transfer (IGT) between the City of
Orange and CalOptima. (A2100.0; AGR -6469)
ACTION: 1) Approved agreements and authorize the Mayor and City Clerk to execute on
behalf of the City; and 2) Authorized the transfer of $714,124 of reimbursable funds to the
California State Department of Health Services.
Fourth Amendment to Agreement with Conduent State and Local Solutions, Inc. for
Information Technology Services. (A2100.0; AGR - 5700.4)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved the Fourth Amendment to the Information Technology Services
Agreement with Conduent State and Local Solutions, Inc., extending the Agreement for
one year commencing July 1, 2017, and terminating on June 30, 2018, and authorized the
Mayor to execute the Amendment.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MAY 9, 2017
3.8 Agreement to replace the Yorba Park Restroom /Storage Building and appropriation
of Park Acquisition revenue. (A2100.0; AGR -6470)
ACTION: 1) Appropriated $322,740 from unreserved Fund 510 (Park Acquisition - Infill)
to Fund 510.7021.56020.20135 ( Yorba Park Renovation); and 2) Approved agreement
with KASA Construction, Inc. for the not -to- exceed amount of $322,740 and authorized
the Mayor and City Clerk to execute on behalf of the City.
APPROPRIATIONS
3.9 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 $109,084.75
in reimbursement payments into account number 100.3021.48212 — Reimbursement from
OES, within the following project numbers:
Description of Reimbursement
Project
Account
Revenue
Amount
Blue Cut Fire
40136
$48,843.01
Rey Fire
40137
20,310.17
Marshes Fire
40139
19,924.98
Sae Fire
40130
20,006.59
Total:
$109,084.75
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
Blue Cut Fire
40136
$48,420.75
Rey Fire
40137
20,003.29
Marshes Fire
40139
19,924.98
Sae Fire
40130
1 20,006.59
Total:
1 $108,355.61
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
Blue Cut Fire
40136
$422.26
Rey Fire
40137
306.88
Total:
$729.14
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MAY 9, 2017
3.10 Appropriation of Donation from the Orange Public Library Foundation
(Foundation) of $30,000. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $30,000 donation from the
Foundation into revenue account number 100.2001.48390.19322 (Foundation Donations);
and 2) Authorized the appropriation of $30,000 into the following expenditure account
numbers:
100.2004.55131.19322 — Furniture, Machinery, Equip (Foundation) $20,000
100.2017.55131.19322 — Furniture, Machinery, Equip (Foundation) $10,000
$30,000
3.11 Number not used.
3.12 Acceptance and appropriation of $21,444 in energy efficiency rebates from Southern
California Gas Company for replacement of Hart Park Pool equipment. (C2500.N)
ACTION: 1) Accepted into the City's revenue budget an $11,994 rebate from Southern
California Gas Company, into revenue account number 511.0000.48210.00000, Park
Acquisition and Development - Expense Reimbursements; 2) Authorized an appropriation
of $11,994 into expenditure account number 511.7021.56032.30043 Park Acquisition and
Development - Hart Park Pool Heaters; 3) Accepted into the City's revenue budget a
$9,450 rebate from Southern California Gas Company, into revenue account number
100.7022.48210.00000, General Fund - Expense Reimbursements; and 4) Authorized an
appropriation of $9,450 into expenditure account 100.7022.53670.00000 General Fund -
Other Maintenance Items.
3.13 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.
GRBCON, Inc.
b.
George H. Witthoeft
c.
Timothy Rumford
d.
Candida Galvan
e.
John Silberstein
f.
Amanda Anselmi
g.
Jenna Nicole Boyer
h.
Kirsten Wallace
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES MAY 9, 2017
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.14 Final Acceptance of Bid No. 167 -15; Water Division Antenna Tower Installation
project performed by Tashjian Towers Corporation; and authorization to file the
Notice of Completion with the County Recorder. (No staff report required
ACTION: Accepted public work improvements, authorized release of Indemnity Company
of California, Bond No. 704916P in the amount of $137,303.16 to the contractor on said
job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
3.15 Final Acceptance of Bid No. 167 -11; Orange City Hall Mechanical Roof Top Units
Replacement Project performed by NKS Mechanical Contracting Inc; and
authorization to file Notice of Completion with the County Recorder. (No staff report
required
ACTION: Accepted public work improvements, authorized release of Old Republic Surety
Company in the State of Wisconsin, Bond No. WCN 2165155 in the amount of
$$256,122.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.16 Award of Contract - Bid No. 167 -34; Annual Pavement Maintenance at Various
Locations, Fiscal Year 2016 -2017. (A2100.0; AGR -6471)
ACTION: Awarded the contract in the amount of $4,214,900 to R.J. Noble Company, and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.17 Award of Contract - Bid No. 167 -37; Reservoir 5 Valves Replacement. (A2100.0;
AGR -6472)
ACTION: Awarded the contract in the amount of $67,540 to Valverde Construction, Inc.,
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.18 Number not used.
3.19 Rate adjustment for street sweeping services. (A2100.0; AGR -5963)
ACTION: Approved the 2% rate adjustment for CR &R.
MAPS
3.20 Final Map for Tract 17816 — Marywood Hills. (T4000.0)
ACTION: Approved Final Tract Map No. 17816 and accepted all dedications.
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CITY COUNCIL MINUTES MAY 9, 2017
3. CONSENT CALENDAR (Continued)
PURCHASES
3.21 Purchase new automated payment machines (APMs) used for print cost recovery at
the Main Library, and execute the Smart Access Manager (SAM) End User License
and Maintenance Agreement. (A2100.0; AGR -6473)
ACTION: Authorized the purchase of new payment equipment and associated hardware
and software from Comprise Technologies in an amount not -to- exceed $49,978; and
authorized the Mayor and City Clerk to execute the SAM End User License and
Maintenance Agreement on behalf of the City.
REPORTS
3.22 City Traffic Commission Activity Report for 2016. (OR1800.0.19)
ACTION: Received and filed.
RESOLUTIONS
3.23 Recognition of Rebecca Serna for 16 years of service to the City of Orange. Resolution
No. 10996. (C2500J)
A Resolution of the City Council of the City of Orange Recognizing Rebecca "Becky"
Serna for 16 Years of Loyal Service to the City of Orange and the Human Resources
Department.
ACTION: Approved.
3.24 Approval of Tentative Tract Map No. 0034 -14, Major Site Plan Review No. 0785 -14,
Design Review No. 4768 -14, and Mitigated Negative Declaration No. 1841 -15, located
at 6231 E. Wimbleton Court. Resolution No. 10999. (T4000.0)
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
0034 -14, Major Site Plan Review No.0785 -14, Design Review No. 4768 -14, and Mitigated
Negative Declaration No. 1841 -15, located at 6231 E. Wimbleton Court.
ACTION: Approved.
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CITY COUNCIL MINUTES MAY 9, 2017
3. CONSENT CALENDAR (Continued)
3.25 Landscape Maintenance Assessment District 86 -2 (LMD 86 -2 Santiago Hills).
Resolution No. 11000. (L1200.0)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest.
A Resolution of the City of Orange regarding Landscape Maintenance Assessment District
86 -2 (LMD 86 -2 Santiago Hills) declaring its intention to provide for an annual levy and
collection of assessments for Fiscal Year 2017 -2018.
ACTION: 1) Adopted Resolution No. 11000 to approve the Preliminary Engineer's Report
for Landscape Maintenance District 86 -2; 2) Declared the intent to levy an annual
assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments.
3.26 Landscape Maintenance Assessment District 15 -1 (LMD 15 -1 Santiago Hills
Overlay). Resolution No. 11001. (L1200.0)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest.
A Resolution of the City of Orange regarding Landscape Maintenance Assessment District
15 -1 (LMD 15 -1 Santiago Hills Overlay) declaring its intention to provide for an annual
levy and collection of assessments for Fiscal Year 2017 -2018.
ACTION: 1) Adopted Resolution No. 11001 to approve the Preliminary Engineer's Report
for Landscape Maintenance District 15 -1; 2) Declared the intent to levy an annual
assessment; and 3) Set June 13, 2017, as the date for the Public Hearing on the assessments.
3.27 Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). Resolution
No. 11002. (L1200.0)
A Resolution of the City Council of the City of Orange regarding Landscape Maintenance
Assessment District 94 -1 (Sycamore Crossing) declaring its intention to provide for an
annual levy and collection of assessments for Fiscal Year 2017 -2018.
ACTION: 1) Adopted Resolution No. 11002 declaring the City's intent to provide for an
annual levy and collection of assessments for FY 18; 2) Approved the Preliminary
Engineer's Report; and 3) Set June 13, 2017, as the date for the Public Hearing.
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CITY COUNCIL MINUTES MAY 9, 2017
3. CONSENT CALENDAR (Continued)
3.28 Reauthorization of OMC Chapter 13.81 Relating to Cable Franchise Fees. Resolution
No. 11003. (F1100.0)
A Resolution of the City Council of the City of Orange Reauthorizing OMC Chapter 13.81
Relating to Cable Television Franchise Fees.
ACTION: Approved.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Mayor pro tem Murphy recorded an abstention on Item 3.7. Councilmember Nichols
recorded an abstention on Items 3.25 and 3.26. 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 — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS
MAY 9, 2017
7.1 Consideration of a City sponsored valet parking service in Old Towne. (A2100.0;
AGR -6474)
NOTE: Councilmember Whitaker recorded an abstention due to his law firm having two
clients in Old Towne, and Councilmember Alvarez recorded an abstention due to a
potential conflict with a nearby property interest. They left the dais at 7:01 p.m.
City Manager Rick Otto introduced the item stating that a focus group was created to look
at the parking issues in Old Towne. The focus group consisted of downtown stakeholders
such as restaurant owners, property owners, residents in the area and others with an interest
in Old Towne. A valet parking service program is one of the options that the group
proposed. Senior Economic Development Project Manager Susan Galvan provided the
staff report and answered Council's questions. She explained that an extensive parking
study identified underutilized parking lots that could be used for this valet parking service
pilot program. Residents in the surrounding neighborhood that may be impacted will be
sent a notice prior to the start of the valet service.
Public Speakers
Nate Wisely — expressed concerns with how the program will impact parking on Sundays
during church services and church events.
Sandy Quinn, President of Old Towne Preservation — spoke in support of the program and
thanked staff for forming the Old Towne parking focus group.
Dan Jensen — spoke in support of the program.
During discussion Council requested that staff send information out about the program,
especially to those that have reached out to the City with questions or concerns. Staff
intends on releasing a news article on the City's website and through other various media
outlets with information regarding the program. In addition, local merchants will be
marketing the program to their patrons.
MOTION — Murphy
SECOND — Smith
AYES — Smithy, Murphy, Nichols
ABSENT (RECUSED) — Alvarez, Whitaker
Moved to: 1) Direct the City Manager to enter into a contract with AmeriPark LLC
(AmeriPark) to provide a City sponsored valet parking service for a three month period
with one three month extension; and 2) Authorize the use of public parking lots for the
valet parking service as needed.
Councilmembers Whitaker and Alvarez returned to the dais at 7:42 p.m.
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CITY COUNCIL MINUTES MAY 9, 2017
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS
9.1 Amending various sections of Title 17 to implement changes for accessory dwelling
units. Ordinance No. 02 -17 (Second Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange amending various sections of Title
17 of the Orange Municipal Code to implement changes for accessory dwelling units in
accordance with the provisions of state law.
MOTION
— Murphy
SECOND
— Smith
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 02 -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. PUBLIC HEARINGS
11.1 Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review
No. 4853 -16, located at 140 N. Hewes Street. (Z1500.0)
Time set for a public hearing to consider Zone Change No. 1280 -16, Minor Site Plan
Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street.
Senior Planner Robert Garcia provided the staff report and answered Council's questions.
He explained that the zone change is being made to match that of the surrounding area
which includes commercial development and residential single family and multi - family
uses.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Nick Avalino, applicant — spoke in support of the project and answered Council's
questions.
THE MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES MAY 9, 2017
11. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 03-17 (First Reading)
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 approved for First Reading and same was set for
Second Reading by the preceding vote.
RESOLUTION NO. 11004
A Resolution of the City Council of the City of Orange approving Minor Site Plan 0854-
16, and Design Review No. 4853 -16 for the construction of a one -story single family
residence with an attached accessory second dwelling unit and a detached garage located
at 140 N. Hewes Street.
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 11004.
12. ADJOURNMENT — The City Council adjourned at 8:00 p.m.
The next Regular City Council Meeting will be held on Tuesday, June 13, 2017, at 6:00
p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
M URP TERESA E. SM TH
ITY CLERk MAYOR
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