Council Minutes 09/13/16APPROVED BY THE CITY COUNCIL ON OCTOBER 11, 2016
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES SEPTEMBER 13, 2016
The City Council of the City of Orange, California convened on September 13, 2016, 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
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
Proposed 2016 City Hall Holiday Closure:
City Negotiators: Human Resources /Employee Relations Director Steven Pham
Employee Organizations: All Bargaining Units
b. Public employee performance evaluation pursuant to Government Code Section
54957:
Title: City Manager
4. ADJOURNMENT - At 6:06 p.m. the City Council adjourned the Closed Session to its
Regular Meeting on Tuesday, September 13, 2016, in the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
SEPTEMBER 13, 2016
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 Pastor Bubba Lipscomb from The Fellowship of Orange.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa E. Smith.
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT - None
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith announced that September 17, 2016, is the 20th Annual Inner - Coastal and
Watershed Clean -Up Day.
Presentation by the Orange Public Library Foundation to the Orange Public Library.
Proclamation Recognizing September as World Alzheimer's Awareness Month.
Proclamation for Second Harvest.
Presentation by the Trauma Intervention Program (TIP) on the program's local activities.
Memorial Adjournment for Ralph Linnert.
2. PUBLIC COMMENTS
Vicki Pedrin — Coyotes are becoming more aggressive in East Orange.
Tyler McGraw — Looking for assistance with permit fees for an accessory unit project.
William Shaw — In favor of expansion of Chapman provided there is on- campus housing.
Cindy Shaw - In favor of expansion of Chapman provided there is on- campus housing.
Dennis Surles — Parking issue for East Orange. Please restrict parking on Sycamore.
Jean Krever — Vacation rentals in the City are unsafe for our community's children.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
SEPTEMBER 13, 2016
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 July 28, August 4, 5, 11, 18, 22, 25, 31, and
September 1, 2016. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 9, 2016; and Special Meeting of
August 23, 2016. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for the period ending August 31, 2016.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
3.5 First Amendment to Agreement 6260 (AGR -6260) with BC Traffic Specialist for
installation of traffic striping, pavement markings, and raised pavement markers at
various locations within the City of Orange. (A2100.0; Agr- 6260.1)
ACTION: Approved First Amendment to the agreement with BC Traffic Specialist in an
amount not -to- exceed $137,114 for installation of traffic striping, pavement markings and
raised pavement markers at various locations within the City of Orange.
3.6 Agreement with Pacific Advanced Civil Engineering, Inc. for the preparation of
specifications and bid documents for the Water Supervisory Control and Data
Acquisition (SCADA) Upgrade Project. (A2100.0; Agr -6388)
ACTION: Awarded Consultant Service Agreement to Pacific Advanced Civil Engineering,
Inc. in the amount of $43,000 and authorized the Mayor and City Clerk to execute the
necessary documents on behalf of the City.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
3.7 A four -year agreement with Granite Masters, Inc. for cleaning and maintenance of
the Veterans Memorial stonework in an amount not to exceed $37,400. (A2100.0;
Agr -6389)
ACTION: Approved agreement with Granite Masters, Inc. and authorized the Mayor and
the City Clerk to execute on behalf of the City.
3.8 License Agreement between the City of Orange and County of Orange for use of the
east -end Police Substation Facility. (A2100.0; Agr- 5807.A)
ACTION: Authorized the Mayor and the City Clerk to execute the license agreement
between the City of Orange and the County of Orange.
3.9 Consulting Services Agreement and five -year Maintenance Agreement with N. Harris
Computer Corporation (Harris). (A2100.0; Agr -6390, 4345.C)
NOTE: Mayor pro tem Murphy abstained due to a potential conflict with his employment.
ACTION: Approved the consulting services agreement with N. Harris Computer
Corporation for the upgrade and the five -year maintenance agreement and authorized the
Mayor and the City Clerk to execute on behalf of the City.
APPROPRIATIONS
3.10 Appropriation of funds received from Rancho Santiago Community College District
(Santa Ana College) for Fire Department training hours. (C2500.H))
ACTION: 1) Accepted into the City's revenue budget a $15,689.04 payment from Rancho
Santiago Community College District, into revenue account 100.3023.48210.20234 —
(Expense Reimbursement Santa Ana College); and 2) Authorized the appropriation of
$15,689.04 into expenditure account 100.3023.51840.20234 — (Local- Training Santa Ana
College).
3.11 Request to Accept and Appropriate into the City's Revenue Budget a $14,350
Donation from the Orange Public Library Foundation (OPLF). (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $14,350 donation into revenue
Account No. 100.2001.48390.19322 (Library Foundation Donations); and 2) Authorized
the appropriation of $14,350 into expenditure Account No. 100.2001.53301.19322 (Book
Budget — OPLF).
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Bid No. 167 -07; Approval of plans and specifications, and authorization to advertise
for bids for City Hall HVAC Roof Top Units Replacement Project. (C2500.M.5)
ACTION: Approved plans and specifications and authorized advertising for bids for City
Hall HVAC Roof Top Units Replacement Project.
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.
County of Orange
b.
Guadalupe Cisneros
C.
Melissa Gority
d.
Norma Jean Murphy
e.
Mario Ernesto Murillo
£
Steve Cavenee
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.14 Award of Contract — Bid No. 167 -01; Weimer Room Men's Restroom Remodel
Project. (A2100.0; Agr -6391)
ACTION: 1) Appropriated $33,000 from the Capital Projects (500) unreserved fund
balance to expenditure account number 500.5028.56032.20305; and 2) Awarded the
contract to Astra Builders, Inc. of Anaheim, California in the amount of $26,780 and
authorized the Mayor to execute and the City Clerk to attest the contract on behalf of the
City.
3.15 Award of Contract — Bid No. 167 -02; Fiscal Year 2015 -16 (FY16) Community
Development Block Grant (CDBG) Alley and Street Improvements Project: Highland
Street Neighborhood. (A2100.0; Agr -6392)
ACTION: 1) Awarded the contract in the amount of $403,909.30 to All American Asphalt,
and authorized the Mayor and City Clerk to execute the necessary documents on behalf of
the City.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
3.16 Final Acceptance of Bid No. 156 -39; Concrete Street Rehabilitation at Various
Locations, Fiscal Year 2015 -16 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. 4407227 in the amount of $574,850.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
3.17 Final Acceptance of Bid No. 145 -39; Well 27 Equipping Plan Project performed by
Cora Constructors, 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 The Western Surety
Company, Bond No. 58719799 in the amount of $2,244,587.00 to the contractor on said
job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
GRANTS
3.18 Grant #PT1785 from the State of California Office of Traffic Safety (OTS) for the
Selective Traffic Enforcement Program for Federal Fiscal Year 2017.
(A2100; Agr- 5117.I)
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; 2) Accepted
into the City's revenue budget a $310,000 grant from the California OTS into revenue
account number 100.4041.45290.30007, General Fund- FYI OTS Selective Enforcement
Program; and 3) Authorized the appropriation of $310,000 into the following Traffic
Program expenditure accounts:
100.4041.50221.30007.0005
100.4041.50222.30007.0005
100.4041.50221.30007.0006
100.4041.5 0221.3 0007.0007
100.4041.5 0221.3 0007.0066
100.4041.5 0221.3 0007.0067
100.4041.5 0221.3 0007.0073
100.4041.50221.30007.0068
100.4041.5 0221.3 0007.0071
100.4041.5 0221.3 0007.0070
100.4041.50221.30007.0072
100.4041.51830.30007.0000
100.4041.5 5131.3 0007.0000
$107,910
Overtime- Safety DUI Checkpoints
$ 19,050
Overtime - Non - safety DUI checkpoints
$ 3,150
Overtime - Safety Warrant Servicing
$ 38,190
Overtime- Safety DUI Saturations
$ 31,900
Overtime- Safety Traffic Enforcement Operations
$ 4,070
Overtime- Safety Motorcycle Safety Operations
$ 3,050
Overtime- Safety Nighttime CIOT Operations
$ 16,250
Overtime- Safety Distracted Driving Operations
$ 12,190
Overtime- Safety Bike /Pedestrian Safety
Operations
$ 6,700
Overtime- Safety DRE Training and Certification
$ 2,040
Overtime- Safety Traffic Safety Education
$ 3,500
Overnight Training
$ 62,000
Equipment
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
PARKING
(ITEM REMOVED AND HEARD SEPARATELY)
3.19 A request to temporarily suspend permit parking restrictions within Permit Parking
Area A (downtown area), for a special event at Chapman University. (S4000.S.3.1.2)
Mayor Smith pulled the item. Public Works Director Joe Defrancesco clarified that it is
Chapman University's responsibility to inform the public of the temporary suspension.
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve the request of Chapman University and temporarily suspend the permit
parking restrictions for their Presidential Inauguration, and planned week of Inauguration
Activities September 26 -30, 2016.
PURCHASES
3.20 Purchase replacement water meters from Neptune Technology Group as a sole source
on an "as needed" basis for Fiscal Year 2016 -2017. (C2500.P)
ACTION: Approved the purchase of Neptune water meters on an "as needed" basis from
Neptune Technology Group in the amount not to exceed $90,000.
3.21 Phase II implementation of Opticom traffic signal pre - emption equipment on Fire
Department emergency vehicles. (C2500.H)
ACTION: Authorized the sole source purchase of Phase II GPS vehicle kits from DDL
Traffic Incorporated to outfit 23 Fire Department emergency vehicles at the cost of
$92,300.
3.22 Purchase of seven (7) MCC 7500 IP Dispatch Consoles from Motorola Inc. as a sole
source vendor for fiscal year 2016 -2017. (A2100.0; Agr -6395)
ACTION: 1) Authorized the appropriation of $129,400 from the Federal Asset Forfeiture
Fund unreserved fund balance to expenditure account number 355.0201.56510.20223,
Federal Asset Forfeiture Fund, CIP - 800 MHz to cover final project costs; 2) Approved
the Communications System Agreement between the City of Orange and Motorola Inc. in
an amount not to exceed $797,080; and 3) Authorized the Mayor and the City Clerk to
execute the agreement on behalf of the City.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.23 RESOLUTION NO. 10969 (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 Orange County Local
Transportation Ordinance No. 3 for installation of a Bio Clean Hydrodynamic Separator
Unit and Connector Pipe Screens.
ACTION: 1) Approved Resolution No. 10969, and authorized the Mayor to execute on
behalf of the City; and 2) Approved the submittal of one application for a Bio Clean
Hydrodynamic Separator Unit and Connector Pipe Screens for the Environmental Cleanup,
Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3.
3.24 RESOLUTION NO. 10970 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding between the City of Orange and the Orange Municipal Employees'
Association (OMEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1, 2015, through and including June 30, 2017, and Repealing Resolution No.
10763 and Amendments thereto for said Employees.
ACTION: Approved.
3.25 RESOLUTION NO. 10971 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding between the City of Orange and the Orange Management Association
(OMA) Concerning Wages, Hours, and Other Conditions of Employment Effective July 1,
2015, through and including June 30, 2017, and Repealing Resolution No. 10761 and
Amendments thereto for said Employees.
ACTION: Approved.
3.26 RESOLUTION NO. 10972 (C2500.J.4.4.4)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding between the City of Orange and the Orange Maintenance and Crafts
Employees' Association (OMCEA) Concerning Wages, Hours, and Other Conditions of
Employment Effective July 1, 2015, through and including June 30, 2017, and Repealing
Resolution No. 10762 and Amendments thereto for said Employees.
ACTION: Approved.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
3. CONSENT CALENDAR (Continued)
3.27 RESOLUTION NO. 10978 (C2500.C)
A Resolution of the City Council of the City of Orange adopting the Biennial Revisions to
Employee Positions and Titles in the Conflict of Interest Code for the City of Orange.
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Nichols
For Item 3.9, Mayor pro tem Murphy abstained. Item 3.19 was pulled and heard separately.
All other items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
Mayor Smith pointed out the City Treasurer Richard Rohm has attended every City Council
meeting and thanked him.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Status Report and Proposed expansion of the Mills Act Program. (C2300.I.2)
Historic Planner Marissa Moshier gave the staff report. City staff can review approximately
40 historic properties per year for compliance with Mills Act requirements. Financial
penalties are available for properties that do not meet their Mills Act requirements. The
City Council found consensus agreeing that they prefer there should be no cap on the
number of Mills Act contracts the City processes in a year. There should be no prioritization
of applications. No Historic Structure Reports will be required. No change in the fees for
applications. Currently, properties are eligible for a Mills Act Contract if they are privately
owned contributors to the Old Towne Orange National Register historic District, the Old
Towne Orange Local Historic District, or are eligible for the National Register of Historic
Places or the California Register of Historic Places. Properties within the Eichler Tracts
are not yet eligible for Mills Act Contracts.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
7. ADMINISTRATIVE REPORTS (Continued)
City Manager Rick Otto mentioned that staff is working on plans to make the inspections
of Mills Act properties more efficient. Councilmember Whitaker asked staff to return with
numbers indicating what it costs the city to complete inspections versus what we charge.
PUBLIC SPEAKER: Al Ricci — Spoke in favor of the Mills Act Contracts and wants to
see no cap on the number of applications. Spoke against the prioritization of properties.
MOTION — Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to direct staff to prepare a resolution to amend the Mills Act Program as follows:
Remove the cap of ten Mills Act contracts per year and review the program in one year.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY - None
11. PUBLIC HEARINGS
11.1 Conduit Bond Financing for Casa Ramon Apartments. (C2500.G.1.5)
Time set for a public hearing to consider the issuance by the California Statewide
Communities Development Authority of multifamily housing revenue bonds for the Casa
Ramon Apartments.
THE MAYOR OPENED THE PUBLIC HEARING.
PUBLIC SPEAKERS:
Debbie Lane — Questioned what was going to happen with the residents during the
rehabilitation of the complex.
Todd Cottle — Indicated that the owners will work with the residents and will pay for
temporary housing during construction.
THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10975
A Resolution of the City Council of the City of Orange approving the issuance by the
California Statewide Communities Development Authority of multifamily housing
revenue bonds for the Casa Ramon Apartments.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10975
NOTE: Councilmember Alvarez left the dais at 7:45 p.m.
11.2 Adoption of the 2016 California Fire Code. (A2500.0)
SEPTEMBER 13, 2016
Time set for a public hearing to consider adoption of the 2016 California Fire Code, and
portions of the 2015 International Fire Code.
THE MAYOR OPENED THE PUBLIC HEARING, THERE BEING NO SPEAKERS,
THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10977
A Resolution of the City Council of the City of Orange Setting Forth Findings with Respect
to Local Conditions within the City of Orange Justifying Modifications and Changes to the
2016 California Fire Code.
MOTION
- Whitaker
SECOND
- Smith
AYES
- Whitaker, Smith, Murphy, Nichols
ABSENT
- Alvarez
Moved to approve Resolution No. 10977
ORDINANCE NO. 08-16 (FIRST READING)
An Ordinance of the City Council of the City of Orange Deleting Chapter 15.32, City of
Orange Fire Code, in its Entirety and adding Chapter 15.32, Adopting and Amending the
2016 California Fire Code and Portions of the 2015 International Fire Code as the City of
Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.
MOTION
- Nichols
SECOND
- Murphy
AYES
- Whitaker, Smith, Murphy, Nichols
ABSENT
- Alvarez
Moved that Ordinance No. 08 -16 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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CITY COUNCIL MINUTES SEPTEMBER 13, 2016
12. ADJOURNMENT — The City Council adjourned at 8:00 p.m. in Memory of Ralph
Linnert.
The next Regular City Council Meeting will be held on Tuesday, October 11, 2016, at 4:30
p.m. for an Employee Recognition. The Regular Meeting will begin at 6:00 p.m. in the
Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
r
MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
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