Council Minutes 01/09/18APPROVED BY THE CITY COUNCIL ON FEBRUARY 13, 2018
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES JANUARY 9, 2018
The City Council of the City of Orange, California convened on January 9, 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
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, January 9, 2018, at 6:00 p.m. in
the Council Chamber.
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CITY COUNCIL MINUTES
5:00 P.M. SESSION
1. ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
2. ORAL COMMUNICATIONS — None
JANUARY 9, 2018
3. RECESS TO CLOSED SESSION — The City Council recessed to Closed Session at 5:00
p.m. with all Members present.
Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a), one case:
Orange Taxpayers Association v. City of Orange
OCSC Case No. 30- 2017 - 00963686
4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, January 9, 2018 in the Council
Chamber.
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CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
JANUARY 9, 2018
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:03 p.m.
1.1 INVOCATION
Given by Pastor Bill Johnson from First United Methodist Church.
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
Proclamation Recognizing Joe DeFrancesco.
Memorial Adjournment for Carmine Master, former Orange Planning Commissioner.
Mayor Smith announced several events taking place at the Orange Public Library.
2. PUBLIC COMMENTS
Bruce Dickens — thanked Council for working with the County to address the homeless
issue in the riverbed.
Michelle Lee Montero — spoke regarding the homeless issue and the shortage of housing
options for single mothers in Orange County.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
JANUARY 9, 2018
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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated December 8, 14, and 21, 2017. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of December 12, 2017. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Cooperative Agreement with Orange Dog Park Association for use of the Dog Park
located at Yorba Park. (A2100.0; AGR -6562)
ACTION: Approved agreement with the Orange Dog Park Association and authorized the
Mayor and the City Clerk to execute on behalf of the City.
3.5 Second Amendment to Professional Services agreement with Lyons Security Service,
Inc. for additional park security services. (A2100.0; AGR- 6355.2)
ACTION: 1) Appropriated $30,000 from unreserved General Fund balance to account
100.7022.51700.00000; and 2) Approved Second Amendment to Professional Services
Agreement with Lyons Security Service, Inc., and authorized the Mayor and the City Clerk
to execute on behalf of the City.
3.6 Agreement for Claims Administration Services between the California Insured Pool
Authority on behalf of the City of Orange and AdminSure, Inc. for workers'
compensation claims administration services. (A2100.0; AGR- 0233.J)
ACTION: Approved and authorized the California Insurance Pool Authority to execute the
Agreement and First Amendment to Agreement for Claims Administration Services
between California Insurance Pool Authority on behalf of the City and AdminSure, Inc. in
an amount not -to- exceed $593,460 for a three -year term.
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CITY COUNCIL MINUTES JANUARY 9, 2018
3A. CITY CONSENT CALENDAR (Continued)
3.7 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. Florence Murry
ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster.
3.8 Award of Contract for Bid No. 178 -17; Orangewood Avenue and Katella Avenue
Water Quality Storm Drain Improvements, FY18. (A2100.0; AGR -6563)
ACTION: Accepted the lowest bid and award the contract to GCI Construction, Inc. of San
Clemente, California, in the amount of $354,001; and authorized the Mayor and the City
Clerk to execute on behalf of the City.
3.9 Award of Contract for Bid No. 178 -16; Fiscal Year 2016 -17 (FY17) Community
Development Block Grant (CDBG) Fern Neighborhood Street and Sewer
Improvements Project. (A2100.0; AGR -6564)
ACTION: 1) Awarded the contract in the amount of $450,708 to The R.J. Noble Company
and authorized the Mayor and City Clerk to execute on behalf of the City; and 2)
Transferred $80,000 from 310.9645.57130.11070 CDBG Contingency to
310.9645.56330.30079 Fern Neighborhood Street and Sewer Improvements.
3.10 Purchase of one Public Safety Vehicle for Orange City Fire Department. (C2500.H)
ACTION: 1) Authorized the purchase of one piece of Fire Apparatus (Pumper) for the
Orange City Fire Department from Pierce Manufacturing, located in Appleton, Wisconsin
in the amount of $835,376; 2) Authorized the purchase of Equipment and Supplies needed
to outfit Fire Apparatus (Pumper) from various venders (lowest qualified bidder) in the
amount of $35,338; 3) Authorized the purchase of Communication Equipment, including
radio(s), Mobile Data Computer and GPS Unit to outfit new Fire Apparatus to current OFD
standards in the amount of $ 45,582; and 4) Authorized donation of one surplus fire engine
to Santa Ana College; Unit 30 -1134, a 1997 Seagrave, is being removed from the fleet and
is recommended for the donation.
3.11 Final Tract Map No. 18081— Glassell Townhomes. (T4000.0)
ACTION: Approved Final Map for Tract 18081.
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CITY COUNCIL MINUTES JANUARY 9, 2018
3A. CITY CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 167 -31; Yorba Park Building Demolition and
Restroom /Storage Building performed by KASA Construction, Inc.; and
authorization to file the Notice of Completion with the County Recorder. ( staff
report required.)
ACTION: Accepted public work improvements, authorized release of Ohio Casualty
Insurance Company performance bond, Bond No. 024061760 in the amount of
$322,740.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.13 Number not used.
3.14 Number not used.
3.15 Certifies that the City of Orange has the resources to fund its projects in the Federal
Fiscal Years (FFY) 2018/19 — 2023/24 Federal Transportation Improvement Program
and affirms its commitment to implement all projects in the program. Resolution No.
11048. (OC1300.D.1)
A Resolution of the City Council of the City of Orange which certifies that the City of
Orange has the resources to fund its projects in the Federal Fiscal Years (FFY) 2018/19 —
2023/24 Federal Transportation Improvement Program and affirms its commitment to
implement all projects in the program.
ACTION: Approved Resolution No. 11048.
3.16 Approve the Application for Grant Funds from the Land and Water Conservation
Fund for the Construction of the Hart Park Pickleball and Fitness Circuit. Resolution
No. 11054. (C2500.N)
A Resolution of the City Council of the City of Orange Approving the Application for
Grant Funds from the Land and Water Conservation Fund for the Construction of the Hart
Park Pickleball and Fitness Circuit.
ACTION: Approved Resolution No. 11054.
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CITY COUNCIL MINUTES JANUARY 9, 2018
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.17 Authorization to approve Recognized Obligation Payment Schedule ("ROPS ") for
the period of July 1, 2018, through June 30, 2019. Resolution No. SAORA -028.
(SA1000.0)
A Resolution of the Governing Board of the Successor Agency to the Orange
Redevelopment Agency approving a Recognized Obligation Payment Schedule for the
fiscal period from July 1, 2018, through June 30, 2019, pursuant to Health and Safety Code
Section 34177 and taking certain related actions.
ACTION: 1) Approved Resolution No. SAORA -028; and 2) Directed staff to transmit
ROPS 18 -19 to the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve all items on the Consent Calendar as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
Mayor Smith thanked the Community Services Department for the holiday decorations throughout
the City and at the Plaza. The City received an honorable mention award from the Old Towne
Preservation Association in the commercial decoration category for the holiday decorations at the
Plaza.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept the resignation of Nancy Collins from the Library Board of Trustees and
direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act.
MOTION
— Nichols
SECOND
— Alvarez
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to accept the resignation of Nancy Collins and directed the City Clerk to post a
Notice of Vacancy pursuant to the Maddy Act.
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CITY COUNCIL MINUTES JANUARY 9, 2018
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
6.2 Report from City Council Ad Hoc Committees related to Homelessness:
• Community Communications
• Cities and Non - profit Collaboration
• County Engagement
Community Communications
Councilmember Alvarez had nothing to report.
Cities and Non - profit Collaboration
Mayor Smith attended the ecumenical "National Homeless Persons' Remembrance Day" service
on December 21 acknowledging the 210 people who died on the streets of Orange County. Mayor
Smith reported that there is a group of pastors (called "One Church ") that has been working
together for about three years to address the problem of homelessness. They will be meeting within
the next week; residents can contact the City Manager's office for more information. Mayor Smith
and Councilmember Nichols will be meeting with United Way this week.
County Engagement
Councilmember Whitaker reported that he is working with the City Manager to arrange a meeting
with Supervisor Spitzer and Orange County CEO Frank Kim regarding the County of Orange
Anita Street purchase to address concerns on the purpose of the facility.
Mayor pro tem Murphy has discussed the Anita Street purchase and the River Trail project with
three of the Board of Supervisors. The Sheriff's Department has also briefed him about the River
Trail project taking place in the near future.
7. ADMINISTRATIVE REPORTS
7.1 Audited Financial Statements and Related Financial Reports for the fiscal year ended
June 30, 2017. (C2500.J.1.3)
Assistant Finance Director Katrin Bandhauer presented the staff report and reported that
the Finance Department fully supports reinstating the Audit Committee. In the meantime,
there are three staff members with an auditing background that periodically oversee or
perform internal financial and operational audits. City Manager Otto noted that currently a
CPA is required to apply to be a member of the Audit Committee. Staff proposes to change
this so that a CPA is recommended but not required. There was Council consensus to have
staff come back with a recommendation to review the Audit Committee requirements.
MOTION — Murphy
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to receive and file report.
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CITY COUNCIL MINUTES
8. REPORTS FROM CITY MANAGER
JANUARY 9, 2018
City Manager Otto provided an update on the Yorba Park project. It is nearing completion
and staff is looking at a grand re- opening of April 7, 2018.
9. LEGAL AFFAIRS
9.1 An Ordinance amending Chapter 17.34 of the Orange Municipal Code to modify the
City's Off - Street Parking and Loading Requirements for Multi- Family Residential
Uses. Ordinance No. 06 -17 (Second Reading). (A2500.0)
An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of the
Orange Municipal Code to modify the City's Off - Street Parking and Loading
Requirements for Multi - Family Residential Development.
MOTION
— Smith
SECOND
— Nichols
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 06 -17 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
11. PLANNING AND ENVIRONMENT
11.1 Appeal of a denial of a tree removal permit at 400 E. Chapman Ave. (A4000.0)
Community Services Director Bonnie Hagen provided the staff report and noted that
Council recently considered a similar appeal and upheld the denial of a tree removal permit
for canary island pines at 513 E. Chapman Avenue.
Public Speakers
Paula Meyer, attorney for William Warne — spoke on behalf of her client and submitted a
letter requesting Council to approve the tree removal permit.
William Warne, appellant —spoke in support of Council approving a tree removal permit.
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CITY COUNCIL MINUTES
11.
12.
13.
PLANNING AND ENVIRONMENT (Continued)
JANUARY 9, 2018
During discussion, Council discussed the lack of evidence that the tree was unhealthy. In
addition, trees of historical value are not necessarily on the historical tree list. The Code
is not narrowly defined by only the trees on the list. There are canary island pines along
the Chapman corridor, which contribute to the historical value.
Councilmember Alvarez considers this to be a private property rights issue and supports
approving the tree removal permit.
Council was open to allowing a continuance if the appellant wanted to provide evidence of
a hazard or safety risk. Mr. Warne thanked Council for the consideration; however, stands
on the notion that the ordinance does not apply to the property.
MOTION — Smith
SECOND
— Nichols
AYES
— Whitaker, Smith, Murphy, Nichols
NOES
— Alvarez
Moved to deny appeal.
City Attorney Winthers informed Council that a resolution will be drafted and brought to
the next meeting for approval. City Manager Otto stated that staff is preparing a report and
plans on bringing back a revised list of historical trees for Council's review to a future
meeting.
PUBLIC HEARINGS — None
ADJOURNMENT — The Council adjourned at 7:53 p.m. in Memory of Carmine Master,
a former Orange Planning Commissioner.
The next Regular City Council Meeting will be held on Tuesday, February 13, 2018, at
6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
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CITY CLERK
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