03.02 Draft Minutes 3-27-18 and 4-10-18 CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES March 27, 2018
The City Council of the City of Orange, California, convened on March 27, 2018, at 4:00 p.m. in
an Adjourned Regular Meeting in the Weimer Room, 300 E. Chapman Avenue, Orange,
California.
4:00 P.M.
1. ROLL CALL
PRESENT -Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT -None
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2. ORAL COMMUNICATIONS �F��CIAL REGC��� �.�i\T'.�
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3. RECESS TO CLOSED SESSION
a. Conference with Legal Counsel—Pending Litigation pursuant to Government Code
Section 54956.9(a) & (d)(1),
Case: Orange County Catholic Worker, et. al. v. County of Orange, et. al.
USDC Case No. 8:18-cv-00155
4. ADJOURN TO REGULAR MEETING — At 5:05 p.m. the City Council adjourned the
Closed Session to its Adjourned Regular Meeting on Tuesday, March 27, 2018, in the
Weimer Room.
ITEM:
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CITY COUNCIL MINUTES March 27, 2018
5:00 P.M. BUDGET STUDY SESSION
1. OPENING
This Adjourned Regular Meeting of the Orange City Council was called to order by
Mayar Smith at 5:10 p.m.
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa E. Smith.
1.2 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT -None
1.3 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS—None
2. PUBLIC COMMENTS -None
3. CONSENT CALENDAR—None
4. REPORTS FROM MAYOR SMITH
Mayor Smith was invited to attend the COPA Golf Tournament and was pleased the
event was successful in raising money for fallen officers.
5. REPORTS FROM COUNCILMEMBERS—None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None
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CITY COtTNCIL MINUTES March 27, 2018
7. ADMINISTRATIVE REPORTS -None
8. REPORTS FROM CITY MANAGER
8.1 Update on the design changes for the City Council Chamber remodel and A/V
Presentation system project.
Action: Receive report and file. The City Council sub-committee was very pleased with the
changes to the A/V Presentation system. The touch screen system with the agenda and the vote
system all on one screen was exactly what they were hoping to see. Staff thanked the sub-
committee for their help.
8.2 First Study Session for the Proposed Fiscal Year 2018-19 Budget.
City Manager Rick Otto and Finance Director Will Kolbow reviewed a series of slides, outlining
the status of the current year budget and the projections for the FY 2018-19 budget. Also
reviewed were the CIP Budget. Departmental work plans have been made available to the City
Council and any questions can be answered by the Department Heads who were all in attendance.
The local economy remains strong and the real estate market is robust. Increased PERS
contribution rates are hurting the City. The budget process began with a three million dollar hole
and staff has cut that down to under $200,000. Each department was tasked with cutting 5% in
the Maintenance and Operations portion of their budgets and an additiona12.5% from Salaries.
For FY 18 revenues are projected to be $108.6 million. Sales tax is down $707,000 due to an
accounting anomaly. Property tax revenue is projected up approximately $314,000. All other
sources are also trending up due to the strong economy.
In response to a question from Mayor pro tem Murphy, it was clarified that sales tax revenue
figures are a little down due to an accounting issue where the State of California overpaid the
City last year and then underpaid this year to square the accounts. Murphy added that a recent
purchase of rail cars might bring revenue to the City. Staff is still not sure who will receive the
tax increment from the Orange County Transportation Authority purchase.
For FY 18 expenditures, the estimated costs will be $108.3 million. The City maintains 42 frozen
positions that are unfilled. Total unreserved fund balance is estimated at $27,633,261.
In response to a question from Mayor pro tem Murphy, it was clarified that the $4.4 million that
is sent to reserves could be included in the unreserved fund balance increasing that line item.
FY 19 revenues are estimated at $111.5 million. Sales tax is estimated to grow by 2.0 percent.
Property tax estimates indicate a 4.9 percent increase.
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CITY COLTNCIL MINUTES March 27, 2018
8. REPORTS FROM CITY MANAGER(Continued)
In response to a question from Mayor Smith, staff explained that the money donated by the
Community Partners is not shown as a line item but is included in the General Fund.
For FY 19 expenditures are estimated at $111.7 million.
In response to a question from Councilmember Alvarez, staff explained that the City saved
approximately $40,000 by having Orange County cover the gas extraction equipment at Yorba
Park. The work was completed during the remodel of the park and facilities.
Mayor pro tem Murphy added that the costs were a wash with the improvements made to Yorba
Park.
Councilmember Whitaker added that with the City owning many of the streetlights in town, we
will save money on maintenance costs. �
In response to a question from Councilmember Whitaker, staff agreed that this is the first year in
the past several that there are no plans to add money to the PERS set aside fund.
Mayor pro tem Murphy asked if the City has changed where money is saved within the budget.
He questioned whether money was saved in the Unreserved fund or Internal Service Funds. City
Manager Rick Otto explained that the Reserved funds had a total of$27,000,000 and a total of
$57,000,000 in reserved and unreserved funds.
Councilmember Whitaker noted that with our narrow budget margins, the City has less flexibility
to move funds into reserved funds. A hiring freeze might become necessary to keep costs down.
City Manager Rick Otto noted that with staff cutting back on departmental budgets, there will be
less money left over at the end of the year to move into reserved funds.
PERS costs will be going up $400,000 due to the reduction in the assumed rate of return on the
investments. PERS is assuming returns of 7.375%, down from 7.5%. One piece of good news, as
we move forward, more PEPRA members are hired into the City and will lower its normal costs
that are paid to PERS.
Mayor pro tem Murphy noted that the projections for future budgets are based on the economy
remaining strong.
Councilmember Whitaker noted that it will not be acceptable to use catastrophic reserve funds to
balance future budget shortfalls.
Mayor Smith called a short break at 6:20 p.m. and called the meeting back to order at 6:30 p.m.
Mayor Smith added that she and Councilmember Nichols attended the grand opening of the new
Mental Health Center at CHOC Hospital. This new center adds 18 beds to Orange County
resources for those with mental health issues.
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CITY COUNCIL MINUTES March 27, 2018
8. REPORTS FROM CITY MANAGER(Continued)
City Manager Rick Otto plans to come back to Council with proposals to change developer
impact fees. These fees have not be adjusted in decades.
CIP budgets and significant projects were reviewed by the Community Services Department, the
Public Works Department, and Fire Department.
Mayor pro tem Murphy noted that with Caltrans plans to widen the 55 freeway; it might be smart
to purchase the Handy Park section that is currently owned by Caltrans. He noted that if there
were a drop off point at Maybury Ranch the neighborhood would be more likely to support the
Trail Improvements Program in that area.
Councilmember Whitaker suggested an attractive barriers might help keep trail users from
accessing the trails at unofficial points.
Councilmember Alvarez likes the trails project. He added that the City of Tustin had some good
ideas on parking and trail access problems. He want to see a strong lighting plan for the street
between the new parking structure and downtown businesses. He wants to see upgraded lighting
included in the CDBG project to widen the intersection where Palm and Handy meet.
Mayor Smith noted that OPA maintains both City trails and their own trails in that area. She
added that she wants to see improvements in the Old Towne lighting project. Staff added that
there is a budget for the lighting project and work continues. Mayor Smith thanked staff for the
new lighting on the Glassell and Maple intersection.
City Manager Rick Otto asked Council their opinion on rebuilding the old Fire Station One
facility or, building a new facility on the Water Street location. Mr. Otto discussed the possibility
of a second parking structure in Old Towne.
Councilmember Whitaker added that public private partnerships could help bridge gaps in
funding to build a second parking structure.
Mayor Smith wants the City to monitor the parking structure to watch for residential parking
uses. She reminded staff that the potential new structure would be in a residential area with two
churches in the vicinity.
Mayor pro tem Murphy encourages a hard enforcement of rules regarding the parking structure.
He would like to see both a new Fire Station on Water Street and an Old Towne parking structure
be built.
Councilmember Alvarez is interested on what the demand will be for Old Towne parking once
the new structure is built. If demand is still high, possibly move toward paid parking downtown.
Councilmember Nichols would like to see paid parking offered so visitors can park close to
restaurants and stores downtown.
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CITY COUNCIL MINUTES March 27, 2018
8. REPORTS FROM CITY MANAGER(Continued)
Mayar Smith thanked Staff for their efforts on preparing the budget and announced the second
budget study session will be held on Apri124, 2018.
ACTION: Received and filed report.
9. LEGAL AFFAIRS—None
ll. ADJOURNMENT — The Study Session adjourned at 7:55 p.m. The next Regular City
Council Meeting will be held on Tuesday April 10, 2018, at 4:30 p.m. for an Employee
Recognition, 6:00 p.m. in the Council Chamber for a Regular Session with a Closed
Session beginning at 5:00 p.m., if necessary. �
ROBERT ZORNADO TERESA E. SMITH
CHIEF CLERK MAYOR
PAGE6
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES APRIL 10, 2018
The City Council of the City of Orange, California convened on April 10, 2018, 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 —Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT —None
2. ORAL COMMUNICATIONS—None
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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 10, 2018, at 6:00 p.m. in the
Council Chamber.
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CITY COUNCIL MINUTES APRIL 10, 2018
S:OO P.M. SESSION
1. ROLL CALL
PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT —None
2. ORAL COMMUNICATIONS
Jill Hargis—Spoke in support of SB 54 and opposes proposed Resolution No. 11074.
3. RECESS TO CLOSED SESSION
a. Conference with Legal Counsel—Pending Litigation pursuant to Government Code
Section 54956.9(a) & (d)(1):
Case: Orange Counry Catholic Worker, et. al. v. County of Orange, et. al.
USDC Case No. 8:18-cv-00155
b. William Warne v. City of Orange, et. al.
OCSC Case# 30-2018-00977740
c. Conference with Legal Counsel—Possible Initiation of Litigation pursuant to
Government Code Section 54956.9(d)(4).
Case: United States of America v. State of California, et. al.
USDC Case# 18-cv-00490
4. ADJOURN TO REGULAR MEETING —At 6:03 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, April 10, 2018, in the Council
Chamber.
PAGE2
CITY COUNCIL MINUTES APRIL 10, 2018
6:00 P.M. SESSION
1. OPENING
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:05 p.m.
11 INVOCATION
Given by Pastor Eric Turbedsky from Sovereign Grace Church of Orange.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez.
1.3 ROLL CALL
PRESENT —Alvarez, Whitaker, Smith, Murphy,Nichols
ABSENT —None
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Mayor Smith announced several events and programs taking place at the Orange Public
Library.
Presentation by the Friends of the Orange Public Library to the Orange Public Library.
Proclamation recognizing April 21, 2018, as National Arbor Day.
Proclamation recognizing Donate Life One Legacy month.
Proclamation recognizing Steven V. Pham for 31 years of service to the City of Orange.
2. PUBLIC COMMENTS
Arthur Schoper—spoke in support of President Trump.
Robert Lauten—spoke regarding illegal immigration.
Dave Vogel — raised concerns with the continuing problem of speeding traffic on Collins
Avenue even after a crosswalk was put in, and is requesting that a stop sign or stop light
be installed in addition.
Rory Vaughn—spoke regarding affordable housing in Orange.
Cleo Olson — discussed financial literacy and his efforts to raise public awareness by
offering free classes to the public.
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CITY COLJNCIL MINUTES APRIL 10, 2018
2. PUBLIC COMMENTS (Continued)
Raul Rodriguez—spoke in support of President Trump.
Genevieve Peters—spoke in support of President Trump.
El Modena Friday Night Live — high school students promoting healthy lifestyles;
expressed their appreciation to the Orange Police Department for their efforts in conducting
checkpoints to reduce drunk driving and thanked local businesses for their efforts to serve
alcohol responsibly.
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 8, March 16, March 22, and March
30,2018.
ACTION: Approved.
3.2 City Council Minutes,Regular Meeting of March 13,2018.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 First amendment to Tree Maintenance Services Agreement No.6294 with West Coast
Arborists, Inc.
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with
employment.
ACTION: Approved amendment with West Coast Arborists, Inc. for an annual increase of
$65,000; and authorized the Mayor and the City Clerk to execute on behalf of the City.
3.5 First Amendment to Professional Services Agreement with Project Partners, Inc. for
temporary staffing services.
ACTION: Approved a First Amendment to Professional Services Agreement with Project
Partners,Inc. in the amount of$20,000;and authorized the Mayor and City Clerk to execute
on behalf of the City.
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CITY COLJNCIL MINUTES APRIL 10, 2018
3. CONSENT CALENDAR(Continued)
3.6 First Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart to provide legal services related to litigation defense in the matter
of The Estate of Michael Perez v. City of Orange.
ACTION: Approved and authorized the Mayor and City Clerk to execute the First
Amendment to Attorney Services Agreement with Woodruff, Spradlin& Smart.
3.7 Instructional Services Agreement between the Rancho Santiago Community College
District (District) and the City of Orange (City).
ACTION: Entered into a five-year Instructional Services Agreement between the District
and the City.
3.8 Agreement with Orange County Sheriff s Department Emergency Management
Bureau for Fiscal Year 2017 Emergency Management Performance Grant (EMPG);
and appropriation of funds.
ACTION: 1)Approved the agreement between the City of Orange and the Orange County
Sherif�s Department Emergency Management Bureau in an amount not-to-exceed
$20,359; and authorized the City Manager to execute the agreement on behalf of the City;
2) Accepted into the City's revenue budget a $20,359 grant from the Orange County
Sheriffls Department Emergency Management Bureau, into revenue account number
100.3021.45495.30099 Other Grant Revenue — EMPG Grant 2017; and
3) Authorized the appropriation of $20,359 into expenditure account number
100.3021.50221.30099 Overtime— Safety-EMPG Grant 2017.
3.9 Appropriation of Funds received from Rancho Santiago Community College District
(Santa Ana College) for Fire Department training hours.
ACTION: Accepted into the City's revenue budget a $20,617.75 payment from Rancho
Santiago Community College District, into revenue account 100.3023.48210.20234 —
(Expense Reimbursement Santa Ana College Fire Training); and authorized the
appropriation of $20,617.75 into expenditure account 1003023.51840.20234 — (Local-
training Santa Ana College).
3.10 Request to accept and appropriate into the City's revenue budget a $25,350 donation
from the Friends of the Orange Public Library (Friends).
ACTION: 1)Accepted into the City's revenue budget a$25,350 donation from the Friends
into revenue account number 100.2001.48390.19990 (Friends Donations); and 2)
Authorized the appropriation of$25,350 into the following expenditure account numbers:
100.2001.53301.19990—Library Books (Friends of the Library) $11,350
100.2016.51670.19990—FOPL (Other Professional & Consulting) $6,000
100.2016.53340.19990—Craft Supplies (Friends of the Library) $3,500
100.2017.53340.19990—Craft Supplies (Friends of the Library) $4,500
$25,350
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CITY COLJNCIL MINUTES APRIL 10, 2018
3. CONSENT CALENDAR(Continued)
3.11 Appropriation of$48,782.10 in revenue for sports field maintenance and renovation.
ACTION: Authorized the appropriation of $35,472.10 from revenue account
100.7001.42480.00000(User Group Maintenance Fees)and$13,310 from revenue account
100.7022.42480.00000 (User Group Maintenance Fees) to 100.7022.51700.00000
(Contractual Services).
3.12 CLAIMS
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. Southern California Edison
b. Dusty Schorr
c. Eileen Falco
d. Catherine Keene Perkoski and Tom Perkoski
ACTION:Denied Claim(s)for damages and referred to City Attorney and Claims Adjuster.
3.13 Award of Contract for the Chapman Avenue and Lemon Street Traffic Signal
Improvements Project; Bid No. 178-19.
ACTION: Awarded the contract in the amount of$275,224 to International Line Builders,
Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14 Consultant Services Agreement with Lisa Wise Consulting,Inc.,to prepare an update
to the City's sign code.
ACTION: Approved the Consultant Services Agreement with Lisa Wise Consulting, Inc.
to update the City's sign code for an amount not-to-exceed $80,000.
3.15 Request for a 24-month time extension to complete the construction phase for the
Tustin Street and Chapman Avenue Critical Intersection Widening from Orange
County Transportation Authority (OCTA).
ACTION:Approved the Public Works Department's request for a 24-month time extension
to complete the construction phase for the Tustin Street and Chapman Avenue Critical
Intersection Widening and authorized staff to submit the extension to OCTA for approval.
3.16 Number not used.
3.17 Purchase and installation of camera surveillance systems for Well 8,Well 20, and the
Water Division Headquarters.
ACTION: Awarded contract in the amount of$57,810 to Leverage Information Systems,
Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City.
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CITY COLTNCIL MINUTES APRIL 10, 2018
3. CONSENT CALENDAR(Continued)
3.18 Purchase twenty (20) Scott X380 Thermal Imaging Cameras and accessories from
Allstar Fire Equipment,Inc. for$138,970.58.
ACTION: Authorized the purchase of 20 Scott X380 Thermal Imaging Cameras and
accessories from Allstar Fire Equipment, Inc. for a total of$138,970.58.
3.19 Dissolution of the Countywide Public Financing Authority. Resolution No. 11070.
A Resolution of the City Council of the City of Orange approving the dissolution of the
Countywide Public Financing Authority.
ACTION: Approved Resolution No. 11070.
3.20 Approval of a Debt Issuance and Management Policy. Resolution No. 11072.
A Resolution of the City Council of the City of Orange adopting a debt issuance and
management policy.
ACTION: Approved Resolution No. 11072.
3.21 Approval of the proposed List of Streets for the Road Maintenance and
Rehabilitation Account (RMRA) Funding Program, FY 2018-19. Resolution No.
11073.
A Resolution of the City Council of the City of Orange approving the proposed List of
Streets (Attachment "A") for the Road Maintenance and Rehabilitation Account(RMRA)
Funding Program, FY 2018-19 and adjust the City's. budget to properly track the
expenditure of these funds.
ACTION: Approved Resolution No. 11073.
MOTION —Whitaker
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Councilmember Nichols recorded an abstention on Item 3.4. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
* * * * * * * *
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CITY COi7NCIL MINUTES APRIL 10, 2018
4. REPORTS FROM MAYOR SMITH
4.1 Discussion of the updated Santiago Creek Vision Plan.
Mayor Smith proposed that Council receive and file the updated Santiago Creek Vision
Plan that was included in the agenda packet.
Public Speakers:
John Moore—spoke in support of the updated plan being adopted by Council.
Shirley Grindle — spoke in support of the plan being adopted by Council so that the City
can apply for grant funds to complete the trail system.
Pamela Gelera—thanked Council for acknowledging the great resource that Santiago Creek
is and spoke in support of the plan being adopted.
MOTION —Smith
SECOND —Whitaker
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to receive and file updated Santiago Creek Vision Plan.
5. REPORTS FROM COUNCILMEMBERS
5.1 Mayor pro tem Murphy and Councilmember Whitaker request adoption of
Resolution No. 11074,supporting the United States and County of Orange opposition
to the California Values Act (SB 54).
A Resolution of the City Council of the City of Orange to stay compliance with SB54
pending a decision in the matter of United States ofAmerica v. State of California.
Councilmember Whitaker explained that as a general law City, the City is subject to not
only the Constitution of the United States but State Legislature as well,placing the City in
a conflicted position. Until the judiciary makes a decision, Councilmember Whitaker and
Mayor pro tem Murphy are requesting that the City stay compliance with SB 54 and file
an amicus brie£
Mayor pro tem Murphy agreed that the City of Orange is in a conflicted position based on
the Senate Bill passed by the State. Until it is determined in court, the City should defer to
federal jurisdiction and follow federal laws moving forward.
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CITY COLJNCIL MINUTES APRIL 10, 2018
5. REPORTS FROM COUNCILMEMBERS (Continued)
Public Speakers:
The following people spoke in support of approving Resolution No. 11074:
Mike McCoy, Raul Rodriguez, Robin Huidstun, Vaughn Becht, Greg Susla, John Kelly,
Lori Grossman, Crystal Jade, Beverly Welch, Betty Robinson, Genevieve Peters, Haarim
Uzziel, Jesse S., Valentina Bankhead, Gay DePerio, Luis Reyes, Caprice LePante,
Matthew Cunningham, Janet West, DD Dominguez, Arthur Schaper, Robert Lauten,
Pamela Pauline, Richard Chrystie, Lael Sunny Meagher, Jo Reitkopp, AJ Ricci, Debbie
McMullin, Dawna Schoenberger, Dura Young, Tonya Leon, Larry Bales, Jeff Benson,
Benjamin, and Fred MacIntosh.
The following people spoke in opposition of approving Resolution No. 11074:
Beatriz Valencia, Luis Ortiz Franco, Laura Villa, Father William Barman, Jill Hargis,
Bonnie Robinson, Nora Shea, Don Bradley, Armando Ceriantes, Fred Smoller, Daniel
Espiritu, Mackenzie Crigger, Lindsay Walsh, Lauren Austin, David Sanneborn, Max
Lopez, Atty Mclellan, Gregory Pleasants, Jaylin Vega, Jeff Rosenblum, Gregory Mathes,
Skye Wagoner,Florice Hoffman,Elizabeth Esqueda,Larry Middendorf,Alexia Sutterman,
Harry Langenbacher, Melanie Weir, Oliver Lopez, Lisa Leitz, Isabela R., Ian L., Naui
Huitzilopochtli, Rachel Polnicki (on behalf of Congressman Correa), Robert Baca, Alisa
Hrata, Mily Kudo, Kyler Asato, Steve Serra (opposes as cunently written), Julie Herrick,
Safi Nazzal, Cathery Yeh, Olivia Kellett, Juanita Walker.
RECESS: The City Council took a recess at 8:08 p.m. and reconvened at 8:22 p.m. with all
members present; and took another recess at 10:11 p.m. and reconvened at 10:28 p.m. with all
members present.
Councilmember Whitaker stated that the City of Orange is a welcoming City to all its
residents, but the City is also one that supports the rule of law. The issue with SB 54 is
with the three provisions that prevents local law enforcement from communicating to
federal law enforcement. Councilmember Whitaker suggested adding clarifying language
to the resolve of the proposed Resolution prepared by the City Attorney's office as follows:
"that the City of Orange will respectfully stay compliance with the sections of SB 54,
commonly known as the Sanctuary State Law, challenged in the United States ofAmerica
v. State of California case until it is fully and finally decided by the judiciary and the City
Attorney is directed to file an amicus curiae brief on behalf of the City of Orange supporting
the position of the United States of America, as allowed by law in any current or future
proceedings." He explained that the resolution is dealing with public safety and the conflict
of laws.
Mayor pro tem Murphy supports the revisions to the Resolution as suggested by
Councilmember Whitaker. He stated that the City needs to clarify what its position is,
especially given the sections within SB 54 that have created potential conflict between state
and federal laws.
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CITY COLTNCIL MINUTES APRIL 10, 2018
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Nichols also agreed that there are sections within SB 54 that create conflict
between state and federallaws. However, she does not support filing an amicus brief. She
can support the Resolution if this language is removed.
Councilmember Alvarez does not support approving the Resolution. He thinks there is a
better avenue to let the State know that the City does not like the position it has been put
in with the passing of SB 54. He does not want the City of Orange to be a sanctuary City,
but he cannot support anything that will divide the community.
Mayor Smith stated she is not in favor of approving the Resolution. She thinks it
undermines the atmosphere of trust and inclusion the Orange community values and
defends.
MOTION —Whitaker
SECOND —Murphy
AYES —Whitaker, Murphy,Nichols
NOES —Alvarez, Smith
Moved to approve Resolution No. 11074 with the amended language in the last resolve
paragraph as follows: "that the City of Orange will, respectfully, stay/cease compliance
with those sections of SB 54, commonly known as the Sanctuary State Law, challenged in
the United States of America v. State of California case until it is fully and finally decided
by the judiciary," and deleting the last clause regarding the amicus curiae brief.
RECESS: The City Council took a recess at 11:48 p.m. and reconvened at 12:00 a.m. with all
members present.
6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS
6.1 Report from City Council Ad Hoc Committees related to Homelessness:
• Community Communications
• Cities and Non-profit Collaboration
• County Engagement
Communitv Communications
Councilmember Alvarez reported that he is on the Orange County Housing & Development
Commission, which issues housing vouchers for those in need. The Commission will be offering
financial support for the homeless, particularly veterans in the community.
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CITY COLTNCIL MINUTES APRIL 10, 2018
6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS (Continued)
Cities and Non-profit Collaboration
Mayor Smith reported that she spent one day in court regarding the homeless issue in Orange
County. The judge addressed all the mayors in the County and impressed upon them the need for
the leaders of the community to solve this issue together.
Count ��En� e�
Mayor pro tem Murphy reported that there continues to be meetings with individual Board of
Supervisors members at their request. Councilmember Whitaker added that the focus is to find
out what the plan will be for the property on Anita Street.
7. ADMINISTRATIVE REPORTS
7.1 Mobile Source Air Pollution Reduction Review Committee (MSRC) Grant Funding.
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment and left the dais at 12:09 a.m.
MOTION —Alvarez
SECOND — Smith
AYES —Alvarez, Whitaker, Smith,Nichols
ABSENT (RECUSED)—Murphy
Moved to authorize the Public Works Department to apply for an additional $40,000
MSRC Local Government Partnership Program Grant for the City of Orange.
Mayor pro tem Murphy returned to the dais at 12:13 a.m.
7.2 Award of Contract for Council Chamber A/V Presentation System Upgrade to
Western A/V,Inc., RFP 178-24. (Continued from March 13,2018.)
Finance Director Will Kolbow presented the staff report, and answered Council's
questions. Due to the construction in the Council Chamber, the May 8, 2018, meeting is
scheduled in the Orange County Transportation Authority Board Room.
MOTION —Murphy
SECOND —Whitaker
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to: 1) Authorize the appropriation of$285,000 from the 1% PEG Program Fund
(Fund 130) unreserved fund balance to account number 130.1601.56032.20128, Council
Chamber Remodel; and 2) Award the contract in the amount of$324,536.46 to Western
A/V, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES APRIL 10, 2018
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Award of Contract for Council Chamber Remodel Project Construction to Marjani
Builders, Inc., Bid No 178-22. (Continued from March 13, 2018.)
MOTION —Nichols
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to: 1) Authorize the appropriation of$175,000 from the 1% PEG Program Fund
(Fund 130) unreserved fund balance to account number 130.1601.56032.20128 (Council
Chamber Remodel); and 2) Award the contract in the amount of $405,882 to Marjani
Builders, Inc., and authorize the Mayor and City Clerk to execute on behalf of the City.
8. REPORTS FROM CITY MANAGER—None
9. LEGAL AFFAIRS
9.1 Ordinance amending the City's Building Security Standards. Ordinance No. 06-18
(Second Reading).
An Ordinance of the City Council of the City of Orange amending Chapter 15.52 of the
Orange Municipal Code to update the City's Building Security Standards to reflect current
Police Department practices, and modern-day crime prevention strategies related to the
physical design of development sites.
MOTION —Murphy
SECOND —Smith
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 06-18 be read by title only and same was approved and adopted
by the preceding vote.
9.2 An ordinance amending Chapter 12.02 of the Orange Municipal Code adopting the
2018 Edition of the "Standard Specifications for Public Works Construction."
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the
Orange Municipal Code adopting the 2018 Edition of the "Standard Specifications for
Public Works Construction" (popularly known as the"Greenbook").
MOTION —Smith
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 07-18 be approved for First Reading by the preceding vote; and
to set May 8, 2018, as the date for a Public Hearing for the Second Reading and adoption
of Ordinance No. 07-18.
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CITY COUNCIL MINUTES APRIL 10, 2018
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
10.1 Authorization of issuance of tax allocation refunding bonds (the "2018 Refunding
Bonds") and taking related actions. Resolution No. SAORA-029.
A Resolution of the Governing Board of the Successor Agency to the Orange
Redevelopment Agency authorizing the Successor Agency's issuance of tax allocation
refunding bonds (the "2018 Refunding Bonds") and taking related actions.
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to approve Resolution No. SAORA-029; and approve agreements and authorize the
Mayor and City Clerk to execute on behalf of the Successor Agency.
11. PUBLIC HEARINGS
11.1 FY 2018-19 Community Development Block Grant (CDBG) Program and HOME
Investment Partnerships (HOME) Program.
Time set for public hearing to consider the allocation of CDBG funds and HOME funds.
The U.S. Department of Housing and Urban Development (HUD) has not yet notified the
City of its FY 2018-19 CDBG and HOME allocations. Funding recommendations are
based on estimated allocations.
CDBG Program
The City's proposed CDBG Program budget is $1,294,944. This total includes the
estimated FY 2018-19 grant amount of $1,144,944 and unexpended prior year CDBG
funds in the amount of $150,000 that would be re-budgeted for FY 2018-19. Staff has
conducted the FY 2018-19 CDBG funding process in conjunction with the CDBG Program
Committee.
THE MAYOR OPENED THE PUBLIC HEARING.
Public S�eakers:
Charlotte Vaughn,Assistance League—thanked the CDBG Committee, staff, and Council
for the many years supporting the Assistance League.
Raul Fernandez,HOMES,Inc.—thanked Council and the CDBG Committee for supporting
their efforts.
THE MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES APRIL 10, 2018
11. PUBLIC HEARINGS (Continued)
MOTION —Nichols
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to:
1) Approve the funding recommendations of the CDBG Program Committee for the
City's FY 2018-19 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 2018-19 CDBG entitlement from HUD
and re-budget unexpended prior year CDBG funds for a total CDBG budget of
$1,294,944.
4) Authorize the City Manager or his designee to execute FY 2018-19 CDBG Program
Memoranda of Understanding with City Departments, Subrecipient Agreements with
nonprofit agencies, and all related CDBG Program documents.
HOME Program
The City's estimated FY 2018-19 HOME grant is $330,839. The allocation of funds for
proposed projects will be subject to City Council approval.
MOTION — Smith
SECOND —Whitaker
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 2018-19 HOME entitlement from HUD.
3) Authorize the City Manager or his designee to execute the FY 2018-19 HOME Program
Grant Agreement and all related documents on behalf of the City.
12. ADJOURNMENT — The Council adjourned at 12:40 a.m. to an Adjourned Regular
Meeting on Tuesday,Apri124, 2018, at 5:00 p.m. in the Weimer Room for a Budget Study
Session.
The next Regular City Council Meeting will be held on Tuesday,May 8,2018,at 6:00 p.m.
in the Orange County Transportation Authority Board Room, with Closed Session
beginning at 5:00 p.m. if necessary.
ROBERT ZORNADO TERESA E. SMITH
CHIEF CITY CLERK MAYOR
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CITY COUNCIL MINUTES MAY 8, 2018
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 April 5, April 13, April 19, and April 27,
2018. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Adjourned Regular Meeting of March 27, 2018; and Regular
Meeting of April 10, 2018. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Monthly Treasurer's Reports for January, February, and March 2018. (C2500.F)
ACTION: Received and filed.
3.5 Agreement with Robertson Industries, Inc. for maintenance and repair of rubberized
play surface material for tot lots in four City parks. (A2100.0; AGR -6602)
ACTION: Approved agreement with Robertson Industries, Inc. in the amount not -to-
exceed $58,390; and authorized the Mayor and the City Clerk to execute on behalf of the
City.
3.6 First Amendment to Custodial Services for All City Buildings Agreement No. 6225;
with Ultimate Maintenance Services, Inc. (A2100.0; AGR - 6225.1)
ACTION: Approved First Amendment with a one -year extension to the Agreement with
Ultimate Maintenance Services, Inc. for an amount not -to- exceed $405,000; and
authorized the Mayor and City Clerk to execute on behalf of the City.
(ITEM REMOVED AND HEARD SEPARATELY)
3.7 First Amendment and rate adjustment to Street Sweeping Agreement No. 5963 with
CR &R Environmental Services Incorporated (CR &R). (A2100.0; AGR - 5963.1)
City Engineer Frank Sun clarified Councilmember Alvarez's question regarding the
contract amount. The current contract amount is $510,000 and the proposed increase of
$10,387 is included in the FY 2018 -19 budget.
MOTION — Alvarez
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve First Amendment to the agreement with CR &R for an amount not -to-
exceed $530,000, including a 2% rate adjustment; and authorize the Mayor and City Clerk
to execute on behalf of the City.
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