Council Minutes 05/12/15APPROVED BY THE CITY COUNCIL ON JUNE 9, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES MAY 12, 2015
The City Council of the City of Orange, California convened on May 12, 2015, at 5:00 p.m. in a
Regular Meeting in the Council Chambers, 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 Legal Counsel — Existing Litigation pursuant to
Government Code Section 54956.9(a):
Case: Pham v. City of Orange, et al.
Orange County Superior Court Case No. 30 -2014- 00734990
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel, Mike Harary, Assistant Human
Resources Director, Will Kolbow, Finance Director and Lisa
Kim, Economic Development Manager.
Employee Organizations: City of Orange Police Association, Orange Police
Management Association, Orange City Firefighters, Orange
Municipal Employees' Association, Water Division
Employees' Association.
4. ADJOURN TO REGULAR MEETING: At 6:20 p.m., the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, May 12, 2015, in the Council
Chambers.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
MAY 12, 2015
Given by Reverend Dayna Kinkade from First Christian Church 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 personalized bricks can be purchased for placement at the
Hart Park Bandshell.
Mayor Smith announced that teen volunteers are needed for the Orange Public Library's
Summer Reading Program for children, and the Friends of the Library summer sale is
May 30, 2015.
Presentation by the Community Foundation of Orange for the Foundation Games
Proclamation Recognizing Public Works Week, May 17 — 25, 2015
2. PUBLIC COMMENTS
Addison Adams — spoke about problems at the sand and gravel operation in East Orange.
Karla Lopez del Rio, NeighborWorks Orange County — distributed a flyer and announced
the 9 Annual OC Housing Summit scheduled on May 28, 2015.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
MAY 12, 2015
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, April 9, 16, 23, and 30, 2015.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of April 14, 2015, and Adjourned Regular
Meeting of April 28, 2015. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Treasurer's Report for January, February, and March 2015. (C2500F)
ACTION: Received and filed.
APPROPRIATIONS
3.5 Appropriation of designated grant funding received from the California
Department of Resources Recycling and Recovery (CalRecycle) for the Oil Payment
Program. (C2500.M.1.1)
ACTION: 1) Accepted into the City's revenue budget $38,621 in grant funding from
CalRecycle and appropriated to the following revenue account number:
220.5022.45290.20251 Oil Payment Program Cycle 5 14 -15 $38,621
and 2) Authorized the appropriation of $38,621 into the following expenditure account
numbers:
220.5022.50002.20251 Oil Payment Prg. Cycle 5 14 -15 — Salaries & Ben. 8,621
220.5022.51001.20251 Oil Payment Prg. Cycle 5 14 -15 — Contractual Serv. 20,000
220.5022.53001.20251 Oil Payment Prg. Cycle 5 14 -15 — Materials & Supp. 10,000
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MAY 12, 2015
3.6 Appropriate additional funding to cover installation cost of CIP Project #30063,
Electric Car Charging Station. (C2500.M)
ACTION: Appropriated $10,000 from the unreserved AQMD (245) fund balance to CIP
Project 245.5011.56020.30063 (Electric Car Charging Station).
BIDS
3.7 Bid No. 145 -50; Asphalt Replacement at Various Locations for Fiscal Year 2015-
2016; and approval of specifications and authorization to advertise for bids.
(S4000.S.7)
ACTION: Approved specifications and authorized advertising for bids for the Asphalt
Replacement at Various Locations for Fiscal Year 2015 -2016.
3.8 Bid No. 145 -53; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Sewer Line Replacement at Various Locations
Project, FY 2014 -15. (C2500.M.3)
ACTION: 1) Approved plans and specifications and authorized advertising for bids for
Sewer Line Replacement at Various Locations Project, FY 2014 -15, and 2) Appropriated
$500,000 from the Sanitation (220) unreserved fund balance to CIP Project
220.5011.56200.15508 (Sewer Line Replacement).
3.9 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. Marie Medina
b. Bryan Garcia
C. Robert Maynard
d. Shashi Jalota
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Contract — Bid No. 145 -42; Fire Station Kitchen Improvements. (A2100.0
Agr -6223)
ACTION: Awarded the contract in the amount of $95,220.00 to Frank Shariat General
Engineering, 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)
MAY 12, 2015
3.11 Award of Contract — Bid No. 145 -45; Lemon Street Storm Drain Improvement
Project. (A2100.0 Agr -6224)
ACTION: Awarded the contract in the amount of $130,767 to PALP, Inc. of Long
Beach, CA, and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12 Award of Contract for Request for Proposal No. 145 -38 to provide Custodial
Services for City Facilities. (A2100.0 Agr -6225)
ACTION: Awarded an annual contract in a not -to- exceed (NTE) amount of $530,000.00,
per fiscal year, to Ultimate Maintenance Services, Inc. for custodial services for City
facilities for the following fiscal years; FY 2015 -16, 2016 -17, and 2017 -18; and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.13 Award of Contract — Bid No. 145 -47; Annual Pavement Maintenance at Various
Locations, Fiscal Year 2014 -2015. (A2100.0 Agr -6226)
ACTION: Awarded the contract in the amount of $3,864,175.00 to R.J. Noble Company,
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14 Award of Contract — Bid No. 145 -41; Eisenhower Park Booster Pump Installation.
(A2100.0 Agr -6227)
ACTION: Awarded the contract in the amount of $89,971.00 to Clean Cut Landscape,
and authorized the Mayor and City Clerk to execute on behalf of the City.
DETATCHMENTS (LAFCO)
3.15 Local Agency Formation Commission (LAFCO) Meyer Reorganization RO 15 -01
Application. (C2500.E)
ACTION: Supported Local Agency Formation Commission Application RO 15 -01 for
detachment of territory (395 sq. feet) from the City of Orange, proposed "Meyer
Reorganization."
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CITY COUNCIL MINUTES MAY 12, 2015
3. CONSENT CALENDAR (Continued)
PURCHASES
3.16 Purchase of 85 Remington 870 Police Model shotguns for the Police Department
from Pro Force Law Enforcement in the amount of $76,659. (C2500.K)
ACTION: Authorized the appropriation of $69,027 from the Federal Asset Forfeiture
Treasury Asset Fund unreserved fund balance to expenditure account
355.4021.55131.20129, Federal Asset Forfeiture, Equipment, Treasury Asset Fund, for
the purchase of 85 Remington Police Model shotguns from Pro Force Law Enforcement
and the cost of shipping the trade -in weapons to Pro Force's Arizona corporate office.
RESOLUTIONS
3.17 RESOLUTION NO. 10861 (S4000.S.7)
A Resolution of the City Council of the City of Orange approving a low impact
development retrofit project at the Orange County (OC) Public Works Glassell Campus
to be funded by the Orange County Flood Control District.
ACTION: Approved.
3.18 RESOLUTION NO. 10862 (L1200.0)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 86 -2 (Santiago Hills) declaring its intention to provide
for an annual levy and collection of assessments for Fiscal Year 2015 -2016; to set a time
and place for a Public Hearing to receive public testimony on the foregoing matters; and
to give preliminary approval to the Certified Engineer's Report for Landscape
Maintenance Assessment District 86 -2 (Santiago Hills).
NOTE: Councilmember Nichols recorded an abstention due to a nearby property interest.
ACTION: Approved.
3.19 RESOLUTION NO. 10863 (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 2015 -2016; to
set a time and place for a Public Hearing to receive public testimony on the foregoing
matters; and to give preliminary approval to the Certified Engineer's Report for
Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing).
ACTION: Approved.
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CITY COUNCIL MINUTES MAY 12, 2015
3. CONSENT CALENDAR (Continued)
VOTING DESIGNEE
3.20 Designation of Alternate Board Member for the Metro Cities Fire Authority.
(OC1300.A)
ACTION: Designated Deputy City Manager as the City's alternate voting board member
to the Metro Cities Fire Authority.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Nichols recorded an abstention on Item 3.18. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Consideration of Appointments to Boards and Commissions.
MOTION — Smith
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to appoint Mrs. Marva Hitchcock to the Orange Public Library Board of Trustees.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept the Resignation of Patricia Buttress from the Planning Commission,
Effective May 31, 2015; Post Vacancy Notice Pursuant to the Maddy Act.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to accept the resignation of Patricia Buttress, effective May 31, 2015, from the
Planning Commission and post the Notice of Vacancy.
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS
MAY 12, 2015
7.1 Review of the current Neighborhood Parking Permit Program Policy.
(S4000.S.3.1.2)
Public Works Director Joe Defrancesco provided a staff report utilizing a PowerPoint
Presentation, noting there are currently 21 permit parking areas, and various intrusions
which result in parking issues, such as institutional, recreational, business and multi-
family units. City Attorney Wayne Winthers suggested that Council vote on whether to
continue with the Permit Parking Program before moving forward.
Public Speaker
John Salat — discussed the lack of parking available for multi - family tenants in his rental
units.
Discussion Council discussed creating a process for multi - family housing residents to
petition to be included or removed from a parking permit area, and possibly establishing
a process for review of existing permit areas.
MOTION — Nichols
SECOND — Smith
Motion to continue with the Permit Parking Program with modifications to the policy
coming back to Council.
MOTION WITHDRAWN - After further discussion, the Motion above was rescinded so
that Council could give staff clear direction regarding each of the proposed changes.
MOTION — Nichols
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to continue the item to a date uncertain and direct staff to modify the proposed
Neighborhood Permit Parking Program policy and implementation process as discussed
by Council to include an increase in the permit fee application, modifying the hours the
permits can be in effect, revising the permit petition, specifying that the petitioner must
be the property owner, and a process to allow more participation by affected multi - family
units.
It was Council consensus to keep the petition from residents in the Highland and Rose
area on hold until further notice.
Mayor Smith thanked City Traffic Engineer Amir Farahani for over 28 years of service to
the City of Orange and acknowledged Mr. Farahani's last day with the City. Interim City
Manager Rick Otto introduced Jacki Scott, the new City Traffic Engineer.
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
MAY 12, 2015
7.2 Review of Water Conservation Programs and Regulations. (C2300.K)
Discussion — Public Works Director Defrancesco provided a staff report and answered
Council's questions regarding enforcement of the program and monitoring the current
and future water use. Mayor Smith noted the importance of education, suggesting the
City send out information in the water bills, Our Orange magazine, the City's website,
and social media. Public Works Director Defrancesco stated that a postcard is being
mailed out to all residents and stated the City will be aggressive in disseminating the
information. The City will also reach out to the large profile users to discuss water
reduction.
Public Speaker
Duane Jerome — provided suggestions on reducing water consumption, and suggested that
watering be allowed every other day rather than twice a week.
RESOLUTION NO. 10865
A Resolution of the City Council of the City of Orange declaring a Level I and II Water
Supply Shortage.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution 10865.
8. REPORTS FROM CITY MANAGER — Interim City Manager Otto reported that the
Chapman University Specific Plan will be coming to Council early next year. Staff is
currently working on this complex project and will keep Council informed of the
progress and next steps.
He also updated Council on the Metrolink Parking Structure project. The goal remains to
continue to provide Council with periodic updates on this project.
In the last update, Interim City Manager Otto outlined the aggressive schedule that the
City and the Orange County Transportation Authority (OCTA) has set to get project
approval for the Federal funding that will fund construction by the end of 2015.
Significant progress has been made on the preparation of the environmental document.
The City is currently reviewing the latest draft of the environmental study and will be
forwarding material over to OCTA for their review next week.
County Supervisor Spitzer and OCTA Chairman Lalloway have been updated, in a very
positive meeting, on the project timeline and efforts to ensure strong coordination
between the City and OCTA.
The project team had a very productive and collaborative meeting with the Board of the
Old Towne Preservation Association. The OTPA has pledged their support of the
project. The City is in the process of scheduling a community meeting for mid -June.
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CITY COUNCIL MINUTES MAY 12, 2015
8. REPORTS FROM CITY MANAGER (Continued)
In addition to the environmental work being done, the design team is continuing to work
on the construction documents and staff is working to complete a parking management
plan that will guide structure operations.
City staff and OCTA staff are working hard to meet the established timelines and are
confident we will get there.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 03 -15 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange amending and restating Chapter
16.32 of the Orange Municipal Code relating to Lot Line Adjustments.
MOTION
— Whitaker
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 03 -15 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 2015 Edition of the Standard Specifications for Public Works Construction
(A2500.0)
Time set for a Noticed Hearing to Consider Adoption of the 2015 Edition of the Standard
Specifications for Public Works Construction.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 02 -15 (SECOND READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the
Orange Municipal Code to Adopt the 2015 Edition of the "Standard Specifications for
Public Works Construction."
MOTION
— Whitaker
SECOND
— Smith
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 02 -15 be read by title only and same was approved and
adopted by the preceding vote.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
MAY 12, 2015
11.2 Solid Waste Rate Adjustment (C2500.M.1)
Time set for a public hearing to consider a request from the City's Solid Waste Collector,
CR &R for a Rate Adjustment, Effective July 1, 2015.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Discussion — In response to questions from Councilman Alvarez, staff confirmed the rate
requests are verified. .
RESOLUTION NO. 10864
A Resolution of the City Council of the City of Orange approving revised rates for solid
waste collection and disposal services.
MOTION — Alvarez
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution 10864.
12. ADJOURNMENT — The City Council adjourned at 9:10 p.m.
The next Regular City Council Meeting will be held on Tuesday, June 9, 2015, at 6:00
p.m., with Closed Session beginning at 5:00 p.m., if necessary.
M MURPHY
CITY CLERK
?. 644V
TERESA E. SMI H
MAYOR
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