Council Minutes 08/08/17APPROVED BY THE CITY COUNCIL ON SEPTEMBER 12, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES AUGUST 8, 2017
The City Council of the City of Orange, California convened on August 8, 2017, 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, Smith, Murphy, Nichols
ABSENT — Whitaker
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, except Councilmember Whitaker who was absent.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel
Employee Organizations: All Bargaining Groups.
4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, August 8, 2017, in the Council
Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
AUGUST 8, 2017
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:05 p.m.
1.1 INVOCATION
Given by Pastor Bob Burris from Taft Avenue Community Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa Smith.
1.3 ROLL CALL
PRESENT — Alvarez, Smith, Murphy, Nichols
ABSENT — Whitaker
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith announced a list of summer programs and events taking place at the Orange
Public Library including a solar eclipse viewing party on August 21; and the Orange
International Street Fair will be Friday, September 1, through Sunday, September 3.
Mayor pro tem Murphy announced that Wednesday, August 9 was the final concert in the
Concerts in the Park series at the Hart Park Band Shell.
2. PUBLIC COMMENTS
Jeff Hall — spoke regarding the increasing homeless population in Orange.
Debbie Swiontek — spoke regarding the homeless encampment in the Santa Ana riverbed.
Glenn Bower — spoke about the homeless in Orange and requested that the City Council
host Town Hall meetings regarding this issue.
Diane Kropidlowski — spoke regarding the homeless population that frequent Pitcher Park.
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CITY COUNCIL MINUTES AUGUST 8, 2017
2. PUBLIC COMMENTS (Continued)
Haley Strickland — spoke regarding the increasing homeless population in Orange.
Tricia Santos — spoke regarding the increasing homeless population in Orange and
expressed concerns with public health and safety.
Haley Baca — spoke regarding the increasing homeless population in Orange and expressed
concerns with residents' safety.
Samantha Simon — spoke regarding the increasing homeless population in Orange and
suggested that the City increase communication with the public.
Jerome Ryan — spoke in opposition of the proposed Chapman University student housing
development in the Villa Park Orchards Association Packing House, and then spoke
regarding the increasing homeless population in Orange.
Jason Hensley, President of Le Tip of Orange — announced that Le Tip of Orange was
celebrating its 20 anniversary on August 23 and invited the City Council to attend.
Charles Cintron — spoke regarding the increasing homeless population in Orange and
expressed concerns with public safety near the Santa Ana riverbed.
Rachel Rolnicki, from Congressman Lou Correa's Office — announced a Veterans Town
Hall on August 21.
Lou Noble — spoke regarding the increasing homeless population in Orange.
Rebecca Bates — spoke regarding the increasing homeless population in Orange and its
effects on her small business.
Gigi Case — spoke regarding the increasing homeless population in Orange.
Elijah Vasquez — spoke regarding the increasing homeless population in Orange.
Matthew Cunnigham — spoke regarding the increasing homeless population in Orange and
the encampments in the Santa Ana riverbed.
RECESS: The City Council took a short recess at 7:13 p.m. and reconvened at 7:21 p.m. with all
members present, except Councilmember Whitaker who was absent.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
AUGUST 8, 2017
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City Council,
staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar.
3.1 Confirmation of warrant registers dated July 7, July 11, July 13, July 18, July 21, and
July 27, 2017. (C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 11, 2017; and Special Meetings of July
5 and July 25, 2017. (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 April, May, and June 2017. (C2500.F)
ACTION: Approved.
3.5 Appropriation of designated grant funding received from the California Department
of Resources Recycling and Recovery (CalRecycle) for the Oil Payment Program,
Cycle 7. (C2500.M.1.1)
ACTION: 1) Accepted into the City's revenue budget $38,765 in grant funding from
CalRecycle and appropriate to the following revenue account number:
220.5022.45290.20367 - Oil Payment Program Cycle 7 16 -17- $38,765; and 2) Authorized
the appropriation of $38,765 into the following expenditure account numbers:
220.5022.50002.20367 - Oil Payment Prg. Cycle 7 16 -17 — Salaries & Ben- $8,765;
220.5022.51001.20367 - Oil Payment Prg. Cycle 7 16 -17 — Contractual Serv.- $20,000;
220.5022.53001.20367 - Oil Payment Prg. Cycle 7 16 -17 — Materials & Supp. - $10,000.
3.6 Appropriation of $29,500 from the Federal Asset Forfeiture unreserved fund balance
for the purchase of a storage shelving system from Vital Valt. (C2500.K)
ACTION: Authorized the appropriation of $29,500 from (355) Federal Asset Forfeiture
unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal
Asset Forfeiture, Equipment.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
AUGUST 8, 2017
3.7 Appropriation of funds received from Rancho Santiago Community College District
(Santa Ana College) for Fire Department training hours. (C2500.H)
ACTION: 1) Accepted into the City's revenue budget a $15,130.25 payment from Rancho
Santiago Community College District, into revenue account 100.3023.48210.20234 —
(Expense Reimbursement Santa Ana College Fire Training); and 2) Authorized the
appropriation of $15,130.25 into expenditure account 100.3023.51840.20234 — (Local -
Training Santa Ana College).
(ITEM REMOVED AND HEARD SEPARATELY)
3.8 Consultant Services Agreement with IBI Group (US), Inc., to prepare an update to
the City's parking code. (A2100.0; AGR -6501)
Community Development Director Bill Crouch provided a brief staff report and answered
Council's questions. The report for multi - family parking will come to Council in
September /October while the entire report on the City's parking code is anticipated to come
to Council sometime early next year.
MOTION — Smith
SECOND
— Nichols
AYES
— Alvarez, Smith, Murphy, Nichols
ABSENT
— Whitaker
Moved to approve the Consultant Services Agreement with IBI Group (US), Inc., to update
the City's parking code for a not -to- exceed cost of $84,000; and authorize the Mayor and
City Clerk to execute the agreement on behalf of the City.
3.9 Agreement with Collection Bureau of America for debt collection services. (A2100.0;
AGR -6502)
ACTION: Approved the agreement with Collection Bureau of America, and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
3.10 Bid No. 178 -03; Approval of plans and specifications for Reservoir No. 4 Slope Re-
grading (W -681); and authorization to advertise for bids. (C2500.P.3)
ACTION: Approved plans and specifications and authorized advertising for bids for the
re- grading of the slope in the south area of Reservoir No. 4.
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CITY COUNCIL MINUTES AUGUST 8, 2017
3. CONSENT CALENDAR (Continued)
3.11 CLAIMS (C3200.0)
The following claim(s) have been received and investigated by the City Attorney's Office
and/or the Risk Manager. After a thorough investigation with the involved departments, it
is the recommendation of the City Attorney's Office that the claim(s) be denied.
a. County of Orange
b. Carlos Sanchez
c. Joan North
d. Daniel Cornwell
ACTION: Denied Claim(s) for damages and referred to City Attorney and Claims Adjuster.
3.12 Award of Contract for Bid No. 167 -43 *; Walnut Avenue Street Improvements 400
feet east of Malena Street (SP- 3988). (A2100.0; AGR -6503) [ *Bid No. Correction,
should be Bid No. 178 -01, not 167 -43.1
ACTION: Accepted the lowest bid and award the contract to Excel Paving Company of
Long Beach, California, in the amount of $196,874; and authorized the Mayor and City
Clerk to execute the contract on behalf of the City.
3.13 Final Acceptance of Bid No. 167 -12; Washington Ave., Almond Ave. & Palmyra Ave.
Rehabilitation Project performed by All American Asphalt; and authorization to file
the Notice of Completion with the County Recorder. No staff report required.)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit
Company of Maryland, Bond No. 7651783 in the amount of $675,763.50 to the contractor
on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
3.14 Final Acceptance of Bid No. 156 -43; Lincoln Avenue and Tustin Street Critical
Intersection Improvements Project performed by All American Asphalt; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit
Company of Maryland, Bond No. 7649956 in the amount of $515,515 to the contractor on
said job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
3.15 Final Acceptance of Bid No. 167 -39; Senior Center Ceiling Improvements performed
by Sandwood Enterprises, Inc.; and authorization to file the Notice of Completion
with the County Recorder. ( staff report required.)
ACTION: Accepted public work improvements, authorized release of Philadelphia
Indemnity Insurance Company, of Pennsylvania, Bond No. CE10381100164 in the amount
of $ 30,000 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 AUGUST 8, 2017
3. CONSENT CALENDAR (Continued)
3.16 Purchase of Plaza Park holiday tree display. (C2500.N)
ACTION: Approved purchase of an artificial 30 foot Oregon Cascade Fir Tree and Topper
in an amount not -to- exceed $43,610 from Harrington Decorating Company, Inc.
3.17 Purchase replacement water meters from Neptune Technology Group as a sole source
on an "as needed" basis for FY 2017 -18. (C2500.P)
ACTION: Approved the purchase of Neptune water meters on an "as needed" basis from
Neptune Technology Group in the amount not -to- exceed $300,000.
3.18 Local Agency Formation Commission (LAFCO) Lewis Street Reorganization RO 17-
01 Application. (C2500.E)
NOTE: Mayor Smith recorded an abstention due to a potential conflict with employment.
ACTION: Voted to support Local Agency Formation Commission Application RO 17 -01
for detachment of territory (.901 acres) from the City of Orange, proposed "Lewis Street
Reorganization."
3.19 Update Rates Collected for Sanitation Charges on the Property Tax Rolls. Resolution
No. 11022. (C2500.J)
A Resolution of the City Council of the City of Orange Updating the Rates Collected for
Sanitation Charges on the Property Tax Rolls.
ACTION: Approved Resolution No. 11022 which allows for the continued savings of
approximately $4,000 per year in staff, printing, postage expenses, and reduced bad debt
expense.
3.20 Letter of Understanding between the City of Orange and the Orange Municipal
Employees' Association (OMEA) effective July 1, 2017, to December 31, 2019.
Resolution No. 11023. (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding between the City of Orange and the Orange Municipal Employees'
Association (OMEA) Effective July 1, 2017, to December 31, 2019.
ACTION: Approved Resolution No. 11023.
3.21 Bid No. 178 -06; Approval of plans and specifications for Katella Avenue Sidewalk
Improvements; and authorization to advertise for bids. (S4000.S.3.2)
ACTION: Approved plans and specifications and authorize advertising for bids for Katella
Avenue Sidewalk Improvements.
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CITY COUNCIL MINUTES AUGUST 8, 2017
3. CONSENT CALENDAR (Continued)
MOTION
— Smith
SECOND
— Alvarez
AYES
— Alvarez, Smith, Murphy, Nichols
ABSENT
— Whitaker
Mayor Smith recorded an abstention on Item 3.18. Item 3.8 was removed from the Consent
Calendar and heard separately. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Appointment to the City of Orange Design Review Committee.
Mayor Smith recommended appointing Mary Anne Skorpanich to the Design Review
Committee as she has vast experience in planning.
MOTION
— Smith
SECOND
— Nichols
AYES
— Alvarez, Smith, Murphy, Nichols
ABSENT
— Whitaker
Moved to appoint Mary Anne Skorpanich to the Design Review Committee.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS
AUGUST 8, 2017
7.1 Award of contract for Bid No. 167 -36; Parking Permit and Citation Processing
Services for Fiscal Year 2017 -2020. (A2100.0; AGR -6504)
Orange Police Department Captain Dave Nichols provided a staff report and answered
Council's questions. The City's current vendor, Judicial Data Systems, is lacking an online
presence and does not provide parking permit processing services. The Police Department
wants a vendor with a web based system that allows people to pay and appeal citations
online, and that would also process and distribute parking permits. Data Ticket was the
lowest, most qualified bidder; and the Police Department recommends awarding the
contract to Data Ticket.
MOTION
— Murphy
SECOND
— Alvarez
AYES
— Alvarez, Smith, Murphy, Nichols
ABSENT
— Whitaker
Moved to award the contract to Data Ticket, Inc. through June 30, 2020; and authorize the
Mayor and City Clerk to execute the Agreement on behalf of the City.
7.2 Turf Replacement and Landscape Renovation Bid No. 167 -46 at Santiago Hills
Assessment District along Skylark Place. (A2100.0; AGR -6505)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest and left the meeting at 7:39 p.m.
Community Services Assistant Director Barbara Messick provided a staff report. She
noted that the landscape replacement in the Santiago Hills Assessment District would be
completed according to the priorities set by the Santiago Hills Liaison Committee. The
Trails End Project was completed late 2016 and feedback from residents has been received,
particularly with concerns about the meadow grasses. Skylark Place is scheduled for the
next phase of the landscape renovation project; so staff will continue to work with the
liaison committee and residents to come up with alternative drought tolerant plants.
Community Services Assistant Director Messick explained that meadow grass goes
through seasonal changes which may make it appear unhealthy. She also clarified that
there are opportunities within the contract that allows for staff to choose alternate plants.
Public Speakers
Judy Onak, Santiago Hills Liaison Committee — spoke regarding concerns with the overall
look of the Trails End project and would like the City to receive input from residents in
that area before moving forward with the Skylark project.
Becky Durnett — expressed disappointment with the meadow grasses and the overall look
of the Trails End project.
David Frost — expressed disappointment with the meadow grasses and requested that the
City host a community meeting before moving forward with the Skylark Place project.
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CITY COUNCIL MINUTES AUGUST 8, 2017
7. ADMINISTRATIVE REPORTS (Continued)
Steven Stahovich — expressed disappointment with the landscaping so far.
Ed Knight — spoke in support of Council approving the contract since the liaison committee
approved the conceptual plans, and asked that staff look at alternative plant options before
moving forward with Skylark Place.
Anne Cody — expressed disappointment with the meadow grasses and asked that staff look
at alternative plant options.
Margaret Runyon, Santiago Hills Liaison Committee — spoke regarding concerns with the
overall look of the Trails End project and would like the City to receive input from residents
in that area before moving forward with the Skylark project.
Thomas Brashears — spoke in opposition of approving the contract and would like for the
City to receive input from residents before moving forward.
Marshall Krupp — spoke in opposition of approving the contract.
Cory Barrett — expressed disappointment with the overall look of the new landscape and
would like for the City to receive input from residents before moving forward.
Katherine Marquez — expressed disappointment with the overall look of the new landscape
and would like for the City to receive input from residents before moving forward.
During discussion, Community Services Assistant Director Messick explained that plant
substitutions are allowed within the terms of the contract and the City Manager can approve
amendments up to ten percent of the contract. Staff is open to receiving community
feedback so that a consensus can be reached. The bid received from Nieves Landscape is
valid for 90 days.
After further discussion, Council suggested to continue the item to allow staff to schedule
a public meeting to receive community feedback. It was made clear that, because of timing
issues, staff may potentially have to re -bid the contract.
MOTION — Murphy
SECOND — Smith
AYES — Alvarez, Smith, Murphy
ABSENT (RECUSED) — Nichols
ABSENT — Whitaker
Moved to continue Item 7.2 to a date uncertain with direction to staff to schedule a public
meeting for community input.
8. REPORTS FROM CITY MANAGER — None
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CITY COUNCIL MINUTES
9.
10.
11.
12.
LEGAL AFFAIRS — None
AUGUST 8, 2017
ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
PUBLIC HEARINGS — None
ADJOURNMENT — The City Council adjourned at 8:40 p.m.
The next Regular City Council Meeting will be held on Tuesday, September 12, 2017, at
6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
MURPHY
CITY CLERK
C> �. (; I.
ERESA E. SM H
MAYOR
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