Council Minutes 03/08/16APPROVED BY THE CITY COUNCIL ON MAY 10, 2016
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES MARCH 8, 2016
The City Council of the City of Orange, California convened on March 8, 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 — The City Council recessed to Closed Session at 5:00
p.m. with all Members present.
a. Conference with Real Property Negotiator — Real property negotiations pursuant to
Government Code Section 54956.8:
Property: 555 S. Shaffer
City Negotiator: Mary Ellen Laster, Senior Housing Manager
Negotiating Parties: City of Orange and Triangle Terrace Affordable, L.P.
Under Negotiation: Lease terms
b. Public Employee Appointment — Pursuant to Government Code Section 54957(b):
Title: Orange Public Library Director
Title: Police Chief
4. ADJOURNMENT — At 6:26 p.m. the City Council adjourned the Closed Session to its
Regular Meeting on Tuesday, March 8, 2016, in the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
MARCH 8, 2016
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:26 p.m.
1.1 INVOCATION
Given by Pastor Danny Kurimay from Zion Community Church.
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
Proclamation honoring Barry Cole for induction into the Manufactured Housing Hall of
Fame.
Proclamation honoring John Cox for his 22 years of contributions to the Orange Park Acres
Community.
Mayor Smith announced that the State of the City Address would be on Thursday, March
24, 2016.
2. PUBLIC COMMENTS
Craig Sheets — spoke about drug abuse in Orange County.
Adam Duberstein — spoke in opposition to any expansion of Chapman University.
Jim Karras — spoke in opposition to any expansion of Chapman University, and urged the
University to provide affordable on- campus housing.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
MARCH 8, 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 February 4, 11, 18, and 25, 2016.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of February 9, 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 February 29, 2016.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
3.5 Amendment to Consultant Services Agreement No. 6249 with Raftelis Financial
Consultants for additional services preparing the Sanitation Rate Study. (A2100.0
Agr- 6249.1)
ACTION: Approved First Amendment to a Consultant Services Agreement with Raftelis
Financial Consultants, and increased the contract amount by $13,980 and authorized the
Mayor and City Clerk to execute the Amendment on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 8, 2016
3.6 Agreements with (1) the City of Anaheim and (2) The Olson Company for Orange to
provide Sewer Service to a New Condominium Development in Anaheim. (A2100.0
Agr -6319 & Agr -6320)
NOTE: Councilmember Whitaker recorded an abstention due to a potential conflict with
employment.
ACTION: Approved two sewer agreements: (1) Out of Area Sewer Service Agreement
between City of Orange and City of Anaheim to allow the sewer discharge for property at
2337 -2415 South Manchester Avenue, Anaheim, to be served by City of Orange; and (2)
Sewer Payment Agreement between City of Orange and The Olson Company for a lump
sum payment of sewer maintenance fee.
(ITEM REMOVED AND HEARD SEPARATELY)
3.7 Agreement between the City of Orange and The Roman Catholic Bishop of Orange
regarding Recreational Trails. (A2100.0 Agr -6321)
NOTE: Mayor Smith and Councilmember Whitaker recorded abstentions due to a potential
conflict of interest and left the dais at 6:55 p.m., and returned to the dais at 7:01 p.m.
Public Speakers
Tom Davidson — spoke in support of the project.
Mike Padian — spoke in support of the project.
Laura Thomas — spoke in support of the project.
MOTION — Nichols
SECOND — Alvarez
AYES — Alvarez, Murphy, Nichols
ABSENT (RECUSED) — Whitaker, Smith
Moved to approve the Agreement Regarding Recreational Trails between the City of
Orange and The Roman Catholic Bishop of Orange and authorize the acceptance of two
trail easements by easement deed.
3.8 Cooperative Agreement No. C -5 -3587 by and between Orange County
Transportation Authority (OCTA), County of Orange, and the Cities of Orange and
Garden Grove for the Implementation of the Chapman Avenue Regional Traffic
Synchronization funded as part of the Measure M2 Regional Traffic Signal
Synchronization Program (Project P). (A2100.0 Agr -6324)
ACTION: Approved Cooperative Agreement No C -5 -3587 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)
MARCH 8, 2016
3.9 Agreement for the Transfer of Ownership of the Police Service Dog, Lycan, assigned
to the Police Department's Canine Team, from the City of Orange to Canine Officer
Carlos Gutierrez. (A2100.0 Agr -6300)
ACTION: Approved the agreement transferring ownership of Lycan to Officer Carlos
Gutierrez, effective February 23, 2016.
3.10 Third Amendment, First Extension to Agreement with Xerox State and Local
Solutions, Inc. for Information Technology Services. (A2100.0 Agr - 5700.3)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved the third amendment to the Information Technology Services
Agreement with Xerox State and Local Solutions, Inc., extending the Agreement for one
year commencing July 1, 2016, and terminating on June 30, 2017; and authorized the
Mayor to execute the Amendment.
3.11 Agreement with Chapman University for Local Cable Programming. (A2100.0
Agr- 5689.A
ACTION: 1) Authorized the Mayor and City Clerk to execute this Agreement on behalf of
the City; and 2) authorized the appropriation of $40,000.00 from the (130) PEG unreserved
fund balance to Account 130.0000.51700.20067 Contractual Services to cover the FY 15-
16 costs associated with the Chapman Agreement (the remainder $280,000 will be
budgeted in the FY 16 -17 and FY 17 -18 budget process).
3.12 Agreement with White Nelson Diehl Evans LLP to Perform the Annual Financial
Audit of the City and Successor Agency of the former Orange Redevelopment Agency
for fiscal years 2015 -2016 through 2017 -2018. (A2100.0 Agr -6325)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.13 Award of Consultant Services Agreement to EMG Holding LLC (EMG) for
preparing the Facilities Condition Assessment (SP- 3950). (A2100.0 Agr -6326)
ACTION: Awarded the contract in the amount of $123,000.00 to EMG and authorized the
Mayor and City Clerk to execute on behalf of the City. Authorized the appropriation of
$10,000 from the unreserved fund balance from the Capital Projects (500) fund to
expenditure account 500.5028.56020.20204, Facilities Assessment.
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CITY COUNCIL MINUTES MARCH 8, 2016
3. CONSENT CALENDAR (Continued)
3.14 Lease Agreement with Architects Orange for a short -term lease of a two story office
building located at 174 S. Orange Street. (A2100.0 Agr -6327)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest;
and Councilmember Whitaker recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Approved the Lease Agreement with Architects Orange; and 2) authorized
the Mayor and the City Clerk to attest to the Lease Agreement with Architects Orange.
3.15 Professional Services Agreement for Environmental Review for the Santiago Hills II
Project. (A2100.0 Agr -6328)
ACTION: 1) Approved the Professional Services Agreement with ICF Jones & Stokes,
Inc.; and 2) authorized the Mayor and City Clerk to execute on behalf of the City.
APPROPRIATIONS
3.16 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 an $18,127.17 payment from
Rancho Santiago Community College District, into revenue account
100.3023.48210.20234 — (Exp Reimb -Santa Ana Clg Fire Train 15 -16); and 2) Authorized
the appropriation of $18,127.17 into expenditure account 100.3023.51840.20234 — (Local -
Training Santa Ana College 15 -16).
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 8, 2016
3.17 Appropriation of funds received from State of California. (C2500.11)
ACTION: Accepted into the City's revenue budget a total reimbursement of $358,794.67
in payments from the State of California into account number 100.3021.48212 -
Reimbursement from O.E.S, within the following project numbers:
Description of Incident Reimbursement
Project
Account
Revenue
Amount
Willow Fire
40104
$50,978.98
Fork Complex
40106
175,693.79
Jerusalem Fire
40107
12,797.86
Cuesta Fire
40108
1 3,124.06
Valley Fire
40115
40,025.14
Rough Fire
40109
66,174.84
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
Willow Fire
40104
$50,978.98
Fork Complex
40106
175,693.79
Jerusalem Fire
40107
12,797.86
Cuesta Fire
40108
13,124.06
Valley Fire
40115
40,025.14
Rough Fire
40109
66,174.84
BIDS
3.18 Bid No. 156 -33; Approval of plans and specifications, and request authorization to
advertise for bids the Tustin Street and Vanowen Avenue Left Turn Signal
Modification Project (SP- 3927). (S4000.S.3.3)
ACTION: Approved plans and specifications, and authorized advertising for bids for the
Tustin Street at Vanowen Avenue Left Turn Signal Modification Project.
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CITY COUNCIL MINUTES MARCH 8, 2016
3. CONSENT CALENDAR (Continued)
3.19 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. Thomas O'Neill
b. Manuel L. Hernandez
C. Kimberly Pearson
d. Jason Gardner
e. AmeriCare MedServices, Inc. dba AmeriCare Ambulance
f. Raul Roberto Davila Barron
g. Kim Watson
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.20 Contract Change Order No. 1 — Bid No. 145 -59; Orange Police Headquarters Walk -
in Evidence Cooler/Freezer Installation Project. (A2100.0 Agr -6242)
ACTION: Approved Contract Change Order No. 1 in the amount of $16,129.14 to Golden
Sun Firm & Co., Inc.
3.21 Contract Change Order No. 1 and Final — Bid No. 145 -42; Fire Station Kitchen
Improvements. (A2100.0 Agr -6223)
ACTION: Approved Contract Change Order No. 1 and Final in the amount of $18,857 to
Frank Shariat General Engineering.
(ITEM REMOVED FROM THE CONSENT CALENDAR)
3.22 Contract Change Order No. 1 — Bid No. 156 -03; CDBG Fiscal Year 2014 -2015
Street /Sewer Improvement Project. (A2100.0 Agr -6259)
ACTION: Continued to a date uncertain.
3.23 Final Acceptance of Bid No. 145 -47; Annual Pavement Maintenance Project at
Various Locations Fiscal Year 2014 -15 performed by R.J. Noble Company; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6226)
ACTION: Accepted public work improvements, authorized release of Western Surety
Company of California Bond No. 58725583 in the amount of $3,864,175.00 to the
contractor on said job; and authorized the Mayor and City Clerk to execute the Notice of
Completion.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 8, 2016
3.24 Final Acceptance of Bid No. 145 -53; Sewer Replacement at Various Location Project,
FY 2014 -15 performed by Vasilj, Inc.; and authorization to file the Notice of
Completion with the County Recorder. (No staff report required (A2100.0
Agr -6231)
ACTION: Accepted public work improvements, authorized release of Fidelity & Deposit
Company of Maryland Bond No. 7645310 in the amount of $1,043,300.00 to the contractor
on said job; and authorized the Mayor and City Clerk to execute the Notice of Completion.
PERMITS
3.25 Special Event Permit request from the Orange Blossoms, an Auxiliary of the
Assistance League of Orange, to host the 10 Annual Taste of Orange, on Sunday,
May 1, 2016. (P1300.0.9)
ACTION: 1) Approved the closure of a portion of the South Orange Street public parking
lot for use by the Assistance League of Orange, California, Inc., to hold their Annual "Taste
of Orange" on Sunday, May 1, 2016; 2) Authorized the sale and permitted the purchase,
possession, and consumption of alcoholic beverages at the annual "Taste of Orange" event,
on a portion of the South Orange Street public parking lot pursuant to the requirements of
Section 5.72.080 of the OMC; and 3) Approved waiver of $208 parking lot usage fee for
this event.
QUITCLAIM
3.26 Quitclaim of Public Utility Easement on North Side of 22 Freeway, East of Lewis
Street from the City of Orange to the Orange County Transportation Authority
(OCTA). (D4000.0)
ACTION: Approved the quitclaim of the public utility easement to OCTA and authorized
the mayor to sign the quitclaim deed.
RESOLUTIONS
3.27 RESOLUTION NO. 10925 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Robert Gustafson, Police Chief, and commending him for over 41 years of loyal and
dedicated police service.
ACTION: Approved.
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CITY COUNCIL MINUTES MARCH 8, 2016
3. CONSENT CALENDAR (Continued)
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Whitaker recorded an abstention on Items 3.6, 3.7, and 3.14. Mayor Smith
recorded an abstention on Item 3.7. Mayor pro tem Murphy recorded an abstention on
Item 3.10. Councilmember Alvarez recorded an abstention on Item 3.14. Speaker cards
were submitted for Item 3.7; therefore it was removed from the Consent Calendar and heard
separately. Item 3.22 was removed from the Consent Calendar and continued to a date
uncertain. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
Mayor Smith invited the community to the State of the City Address on March 24, 2016,
at 11:30 a.m. at Chapman University.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Alvarez congratulated Andrea Yamasaki on her election to the Orange
Unified School District Board.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Maintenance Agreement for Recreational Trails between the City of Orange and the
Orange Park Association, Inc. (A2100.0 Agr -6322)
Public Speakers
Tom Davidson and Laura Thomas spoke in support of the project.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve the agreement regarding the maintenance of public access multi - purpose
equestrian/recreational trails between the City of Orange and the Orange Park
Association, Inc., and allow the City Manager to approve any future amendments to
this agreement as additional trail easements may be added for maintenance.
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CITY COUNCIL MINUTES MARCH 8, 2016
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Agreement with GKK Works, Inc., for Construction Management Services for the
Shaffer Park Renovation Project, for an amount not to exceed $276,511.00. (A2100.0
Agr -6323)
Assistant Community Services Director Barbara Messick provided a staff report and
answered Council's questions. She explained that many of the specific details have not
been determined and will go through the normal approval process before being decided.
Staff will also be looking at the parking issues on Orange Olive Road.
MOTION
— Whitaker
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to: 1) Appropriate $110,000.00 from the Fund 510 (Park Acquisition - Infill)
unreserved fund balance to expenditure account number 510.7022.56020.30042; and 2)
Approve the Agreement between the City of Orange and GKK Works, Inc., and authorize
the Mayor and City Clerk to execute the Agreement on behalf of the City.
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIR
9.1 ORDINANCE NO. 03-16 (FIRST READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the
Orange Municipal Code relating to parties and underage drinking.
Public Speakers
The following people spoke in opposition of approving the proposed amendments to the
Ordinance: Jason Mehta, Kyle Butenhoff, Josh Nudelman, Cynthia Papp, Bennett Tuleja,
Maluica Sawhney, Olivia McLeod, Jackson Scott, Michael Reyes, and Adam Mann.
The following person spoke in favor of approving the proposed amendments to the
Ordinance: Diane Kropidlowski.
Discussion — Council addressed the speakers' concerns and explained the reasons for the
proposed amendments. They discussed Chapman students' accountability and the
importance of communicating with the community and their neighbors. Council thanked
the students for attending the meeting and clarified that this Ordinance would apply to all
residents of Orange and not just the Chapman students.
MOTION — Alvarez
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
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CITY COUNCIL MINUTES
10.
11.
MARCH 8, 2016
Moved that Ordinance No. 03 -16 be approved for First Reading and same was set for
Second Reading by the preceding vote.
ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
PUBLIC HEARINGS — None
12. ADJOURNMENT — The Council adjourned at 8:25 p.m. to an Adjourned Regular
Meeting on Tuesday, March 22, 2016, at 5:00 p.m. in the Weimer Room for a Budget Study
Session.
The next Regular Council Meeting will be held Tuesday, April 12, 2016, at 6:00 p.m. in
the Council Chamber, with Closed Session beginning at 5:00 p.m. if necessary.
l � �
BO ORNADO
CHIEF CITY CLERK
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TERESA E. SMITH
MAYOR
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