Council Minutes 04/11/17APPROVED BY THE CITY COUNCIL ON MAY 9, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES APRIL 11, 2017
The City Council of the City of Orange, California convened on April 11, 2017, at 4:30 p.m. in a
Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. ROLL CALL
PRESENT — Whitaker, Smith, Murphy, Nichols
ABSENT — Alvarez
2. ORAL COMMUNICATIONS — None
3. EMPLOYEE SERVICE AWARDS
Recognition of Employee Service.
4. RECESS — The City Council recessed at 5:00 p.m. to the Closed Session. The next
Regular City Council Meeting will be held on Tuesday, April 11, 2017, at 6:00 p.m. in the
Council Chamber.
CITY COUNCIL MINUTES
5:00 P.M. SESSION
1. ROLL CALL
PRESENT — Whitaker, Smith, Murphy, Nichols
ABSENT — Alvarez
2. ORAL COMMUNICATIONS — None
APRIL 11, 2017
3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00
p.m. with all Members present, except Councilmember Alvarez 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.
4. ADJOURN TO REGULAR MEETING — At 6:05 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, April 11, 2017, in the Council
Chamber.
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CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
APRIL 11, 2017
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:10 p.m.
1.1 INVOCATION
Given by Pete Shambrook from Rock Harbor Orange.
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, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith announced the Foundation Games will hold their 10 annual event on April
21 and 22 at Fred Kelly Stadium.
Presentation by the Friends of the Library to the Orange Public Library.
Proclamation Celebrating the 10 Year Anniversary of the Orange Public Library & History
Center. A special celebration will take place on April 22, 2017.
Proclamation Recognizing Friday, April 28, 2017, as Arbor Day.
Recognition of 2016 Community Partners.
Adjournment in Memory of Lois Barke.
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CITY COUNCIL MINUTES
2. PUBLIC COMMENTS
APRIL 11, 2017
Jerome Ryan — spoke in opposition to the Metrolink Parking Structure project as it will
create traffic and safety hazards for the area.
Eric Christiansen — requested that the City Council encourage Representative Mimi
Walters to hold Town Hall meetings with her constituents.
Brad West — spoke regarding the homeless population in the Santa Ana riverbed.
Atty McLellan — spoke regarding the homeless population in the Santa Ana riverbed and
the limited resources available to them.
Alana Williams — spoke regarding the homeless population in the Santa Ana riverbed.
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 March 3, March 9, March 17, March 23, and
March 31, 2017. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of March 14, 2017. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Number not used.
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CITY COUNCIL MINUTES APRIL 11, 2017
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Two first amendments to existing consultant services agreements with Willdan
Engineering and Behrouz Azarvand, to provide plan review and field inspection
services for the Building Division of the Community Development Department.
(A2100.0; AGR- 5141.F.1, AGR- 6426.1)
ACTION: 1) Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing consultant services agreement with Willdan Engineering, not to exceed an
additional $68,400, for a total contract amount of $98,400; and 2) Approved and authorized
the Mayor and City Clerk to execute an amendment to an existing consultant services
agreement with Behrouz Azarvand, not to exceed an additional $40,000, for a total contract
amount of $70,000.
3.6 Award of Consultant Services Agreement to WLC Architects for Architectural
Design Services for the Fire Station 2 Apparatus Bay Project. (A2100.0; AGR -6462)
ACTION: Awarded the contract in the amount of $130,000 to WLC Architects and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.7 Professional Services Agreement to design, oversee and execute printing, and
coordinate delivery of twelve quarterly issues of Our Orange. (A2100.0; AGR- 6001.A)
ACTION: Approved agreement with HWDS and Associates, Inc. for an amount not -to-
exceed $327,500 for twelve issues, and authorized the Mayor and City Clerk to execute on
behalf of the City.
APPROPRIATIONS
3.8 Appropriation of a $20,350 Donation from the Friends of the Orange Public Library
(Friends). (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $20,350 donation from the Friends
into revenue account number 100.2001.48390.19990 (Library Friends Donations); and 2)
Authorize the appropriation of $20,350 into the following expenditure account numbers:
100.2001.53301.19990 — Library Books (Friends of the Library) $15,350
100.2016.53340.19990 — Craft Supplies (Friends of the Library) $500
100.2017.53340.19990 — Craft Supplies (Friends of the Library) $4,500
$20,350
3.9 Appropriation of $144,000 from Fiscal Year 2016 -17 for City of Orange's funding
cost for the new animal shelter. (C2500.E)
ACTION: Authorized the appropriation of $144,000 in expenditure account
500.0000.52611.20357 from Capital Projects Fund (500) unreserved fund balance.
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CITY COUNCIL MINUTES APRIL 11, 2017
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Rejection of all Bids — Bid No. 167 -03; Federal Highway Safety Improvement
Program (HSIP) Pedestrian Crossing Upgrades at fourteen intersections. (S4000.S.7)
ACTION: Rejected all bids received and authorized staff to re- advertise the project with a
reduced scope of work.
3.11 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. Jamie Moore [Estate of Justin Harris]
b. Gilbert Castrejon
c. Dewi Aryani
d. Emma Ocampo
e. Rachel Digianbattista
f. Mike Hoffman
g. Enedina Hernandez
h. Kemper Services Group a/s /o Jenna Boyer
i. Eugene C. Hargrove
j. Debra V. Becerra
k. Johnny and Maricela Alvarez
1. Mark Benda
m. Heriberto Gonzalez
n. Horacio Sanchez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract for Bid No.167 -08; Annual Water Main Renewal Project.
(A2100.0; AGR -6463)
ACTION: Awarded a contract in the amount of $3,260,836 to Big Ben, Inc.; and authorized
the Mayor and City Clerk to execute on behalf of the City.
3.13 Award of Contract for Bid No. 167 -27; Fiscal Year 2017 -18 Annual Concrete
Replacement at Various Locations. (A2100.0; AGR -6464)
ACTION: Awarded a contract in the amount of $289,400 to EBS General Engineering,
Inc., Corona, California, and authorized the Mayor and the City Clerk to execute on behalf
of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
APRIL 11, 2017
3.14 Award of Contract for Bid No. 167 -32; Roof Coating at Main Library. (A2100.0;
AGR -6465)
ACTION: 1) Authorized the appropriation of $10,000 from the Capital Projects (Fund 500)
unreserved fund balance to the expenditure account number 500.5011.56020.20269,
Building Main Library Roof, and 2) Awarded the contract in the amount of $97,805 to
Wiltshire Urethane Foam Co., and authorized the Mayor and City Clerk to execute the
necessary documents on behalf of the City.
3.15 Award of Contract Bid No. 167 -35; Heim Avenue at Canal Street Storm Drain
Improvements, Fiscal Year 2017 -18. (A2100.0; AGR -6466)
ACTION: Awarded the contract to Vido Samarzich, Inc. of Alta Loma, California, in the
amount of $99,018; and authorized the Mayor and City Clerk to execute the necessary
documents on behalf of the City.
MAPS
3.16 Approval of Final Tract Map No. 17645 — Orchard Walk (Olson Co.). (T4000.0)
ACTION: Approved Final Tract Map No. 17645 and accepted dedication of public right -
of -way.
PARKING
3.17 Request to temporarily suspend permit parking restrictions within Permit Areas D
& G in the area of Fred Kelly Stadium on Thursday, June 15, 2017. (S4000.S.4)
ACTION: Approved the request of Orange Unified School District and temporarily
suspended the neighborhood permit parking restrictions for high school commencement
ceremonies at Fred Kelly Stadium on June 15, 2017.
PURCHASES
3.18 Purchase of Light Emitting Diode (LED) traffic signal indications and pedestrian
modules through a cooperative purchasing agreement. (S4000.S.3.3)
ACTION: Authorized the purchase of LED traffic signal indications and pedestrian
modules from JTB Supply, Inc. in an amount not -to- exceed $51,000.
3.19 Purchase of tires and emergency roadside assistance from Pete's Road Service, Inc.
on a sole source basis. (C2500.M.7)
ACTION: Authorized the expenditure of $60,000 to Pete's Road Service, Inc.
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CITY COUNCIL MINUTES APRIL 11, 2017
3. CONSENT CALENDAR (Continued)
3.20 Purchase of a temporary construction easement at Orange Villa Park Motel, 2085 N.
Tustin Street for the purpose of street widening. (D4000.0)
ACTION: Approved the purchase of temporary construction easement at Orange Villa Park
Motel, 2085 N. Tustin Street at the purchase price of $2,120.
3.21 Purchase of four miscellaneous pieces of equipment using a Cooperative Purchase
Agreement for the Public Works Department. (C2500.M)
ACTION: 1) Authorized the purchase of one Altec Model AT40 -G Aerial Boom Truck
from Altec Industries, located in Dixon, California through NJPA in the amount of
$163,344; 2) Authorized the purchase of one Bobcat Skid Steer, attachments and trailer
from Clark Equipment Company located in West Fargo, North Dakota through NJPA in
the amount of $118,832; 3) Authorized the purchase of two towable Sullair Model 185D
Air Compressors from Quinn Rental Services located in Foothill Ranch, California through
NJPA in the amount of $46,550; and 4) Authorized the City Manager to surplus the
replaced vehicles and equipment.
REPORTS
3.22 Six month status report concerning the installation of 3 -hour time limit parking and
red curb on North Shattuck Place. (S4000.S.3.1.1)
ACTION: Received and filed.
3.23 Single Audit of Federally Assisted Grant Programs (Single Audit) for the fiscal year
ended June 30, 2016. (C2500.J.1.3)
ACTION: Received and filed.
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve all items on the Consent Calendar as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES APRIL 11, 2017
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS
Councilmember Whitaker reported that he toured the site of the new HomeAid Orange
County Family CareCenter, a 56 bed facility that will provide emergency housing to
homeless families.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Agreement for Yorba Park Landscape Renovation project Bid No. 167 -25 and
appropriation of Park Development Revenue to the Yorba Park Renovation Capital
Improvement Project. (A2100.0; AGR -6467)
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to: 1) Transfer $337,139 from Fund 500.5011.56020.30135 (Yorba Park) to Fund
500.7021.56020.20135 (Yorba Park Renovation); 2) Appropriate $724,111 from
unreserved Fund 510 (Park Acquisition - Infill) to 510.7021.56020.20135 (Yorba Park
Renovation); 3) Appropriate $80,000 from unreserved Fund 511 (Park Acquisition and
Development - Quimby) to 511.7021.56020.20135 (Yorba Park Renovation); and 4) Reject
STL Landscape, Inc.'s proposal as non - responsive, as determined by staff; and 5) Approve
agreement with KASA Construction, Inc., the apparent low bidder, for an amount not -to-
exceed $1,141,250 and authorize the Mayor and City Clerk to execute on behalf of the
City.
8. REPORTS FROM CITY MANAGER
City Manager Rick Otto announced activities that took place at City Hall in celebration of
the City of Orange's 129 birthday on Thursday, April 6, 2017.
9. LEGAL AFFAIRS — None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
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CITY COUNCIL MINUTES APRIL 11, 2017
11. PUBLIC HEARINGS
11.1 FY 2017 -18 Community Development Block Grant (CDBG) Program and HOME
Investment Partnerships (HOME) Program. (A2100.0; AGR- 3987.R)
Time set for public hearing to consider allocation of CDBG funds and allocation of HOME
funds. The U.S. Department of Housing and Urban Development (HUD) has not yet
notified the City of its FY 2017 -18 CDBG and HOME allocations. Funding
recommendations are based on estimated allocations.
CDBG Program:
The City's proposed FY 2017 -18 CDBG Program budget is $1,322,853. This total
includes the estimated FY 2017 -18 grant amount of $1,181,714 and unexpended prior
year CDBG funds in the amount of $141,139 that would be re- budgeted for FY 2017 -18.
Staff has conducted the FY 2017 -18 the CDBG funding process in conjunction with the
CDBG Program Committee.
Senior Housing Manager Mary Ellen Laster provided the staff report and answered
Council's questions regarding the application process.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers:
Cathy Seely, Friendly Center — thanked the Council and CDBG Committee for
supporting their efforts.
Charlotte Vaughn, Assistance League — thanked the Council and CDBG Committee for
supporting their efforts.
Krista Driver, Mariposa Center — thanked the Council and CDBG Committee for
supporting their efforts.
THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to:
1) Approve the funding recommendations of the CDBG Program Committee for the
City's FY 2017 -18 CDBG Program.
2) Authorize staff to adjust the funding allocations if necessary after HUD notifies the
City of its actual entitlement amount.
3) Authorize staff to request and receive its FY 2017 -18 CDBG entitlement from HUD
and re- budget unexpended prior year CDBG funds for a total CDBG budget of
$1,322,853.
4) Authorize the City Manager or his designee to execute FY 2017 -18 CDBG Program
Memoranda of Understanding with City Departments, Subrecipient Agreements with
nonprofit agencies, and all related CDBG Program documents.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
APRIL 11, 2017
HOME Pro ram:
The City's estimated FY 2017 -18 HOME allocation is $326,249. The allocation of funds
for proposed projects will be subject to City Council approval.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION — Whitaker
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to:
1) Authorize staff to adjust the HOME budget if necessary after HUD notifies the City of
its actual entitlement amount.
2) Authorize staff to request and receive its FY 2017 -18 HOME entitlement from HUD.
3) Authorize the City Manager or his designee to execute the FY 2017 -18 HOME Program
Grant Agreement and all related documents on behalf of the City.
RECESS: The City Council took a short recess at 7:30 p.m. and reconvened at 7:45 p.m. with all
members present.
11.2 Wimbleton Court Jeerah Project, 6231 E. Wimbleton Court. (T4000.0)
Time set for a public hearing to consider the proposed Wimbleton Court Jeerah project,
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, Orange, California.
Senior Planner Robert Garcia provided the staff report. Mr. Garcia announced that there
is a correction on the Resolution. The wording currently reads "consisting of eight single
story attached townhomes," and the correct wording is "consisting of eight single family
detached residences." The Resolution will be amended and brought back to Council for
final approval.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers
Jordan Kahf, applicant — spoke in support of the project and answered Council's questions.
Nora Jalanbo — spoke in support of the project.
Sherri Koch — spoke in opposition of the project.
Alexandrina Bercaru — spoke in opposition of the project.
Jim Pijloo — spoke in opposition of the project.
Michelle Morand — spoke in opposition of the project.
Jennifer Pijloo — spoke in opposition of the project.
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CITY COUNCIL MINUTES APRIL 11, 2017
11. PUBLIC HEARINGS (Continued)
Public Speakers Continued
Sandy Lee — spoke in opposition of the project.
Michael Micallef — spoke in opposition of the project.
Shayaan Vasi — spoke in opposition of the project.
Howard Kline — spoke in opposition of the project.
James Shamas — spoke in opposition of the project.
Neil Hoang — spoke in opposition of the project.
Laura Thomas — spoke in support of the project.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council inquired about the use of Wimbleton Ct. as an entrance to the project. Staff
explained that there were physical constraints because of the topography of the site and
more grading would have been required to create access. After further discussion,
Councilmember Alvarez stated that he had some concerns with the way the project is
currently designed and would like to see the hearing continued to a later date. He likes the
homes but because there is no public street access and no benefit for the existing
neighborhood, he cannot approve the project as is. Councilmember Nichols would like to
see height restrictions on the landscaping in the CC &Rs to protect the existing
homeowners. Mayor pro tem Murphy stated that he can only support the project if
conditions were added to ensure the disruptions from the construction is minimized to trade
vehicles and any heavy equipment will access the site from Wimbleton Ct., and the
applicant agrees to contribute to ongoing street maintenance.
THE MAYOR REOPENED THE PUBLIC HEARING.
Public Speakers
Jordan Kahf, applicant — agreed to the conditions suggested by Council regarding the
contribution towards street maintenance, use of Wimbleton Ct. for all grading equipment
traffic, and using the neighboring property to the west, if acquired, for construction traffic
other than trades.
During further discussion, it was agreed upon that any landscaping height restrictions will
be included in the CC &Rs.
THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10999
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 to subdivide one approximately 2.08 acre lot
into eight numbered lots and two lettered lots for eight single - family houses and one
common recreation area located at 6231 E. Wimbleton Ct., Orange, California.
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CITY COUNCIL MINUTES APRIL 11, 2017
11. PUBLIC HEARINGS (Continued)
MOTION — Whitaker
SECOND
— Smith
AYES
— Whitaker, Smith, Murphy, Nichols
NOES
— Alvarez
Moved to approve Resolution No. 10999 with the additional three conditions: applicant
will contribute a proportional basis of costs to maintain Country Community Association
roads north of Canyon View Ave.; all grading equipment traffic will access property from
Wimbelton Ct.; and applicant will use best efforts to obtain staging easement from
neighboring property to the west and if so acquired construction traffic, other than trades,
will originate from this point.
11.3 Zone Change No. 1285 -17, Accessory Dwelling Unit Ordinance Amendment.
(A2500.0)
Time set for a public hearing to consider a Zone Change No. 1285 -17, Accessory Dwelling
Unit Ordinance Amendment in accordance with the provisions of State law.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speaker
A.J. Ricci — spoke in support of approval.
THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 02 -17 (First Reading)
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
— Nichols
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to find that the Ordinance is statutorily exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h); and
moved that Ordinance No. 02 -17 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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CITY COUNCIL MINUTES
APRIL 11, 2017
12. ADJOURNMENT — The City Council adjourned at 10:40 p.m. in Memory of Lois Barke.
An Adjourned City Council Meeting will
Weimer Room for a Budget Study Session.
be held on Tuesday, May 9, 2017, at 6:00
Session beginning at 5:00 p.m., if necessary.
be held on April 25, 2017, at 5:00 p.m. in the
The Next Regular City Council meeting will
p.m. in the Council Chamber, with Closed
M MURPHY
CITY CLERK
/ "A� E. SMITH
TERES � E. SMITH
u. •;
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