Council Minutes 03/14/17APPROVED BY THE CITY COUNCIL ON APRIL 11, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES MARCH 14, 2017
The City Council of the City of Orange, California convened on March 14, 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, Whitaker, Smith, Murphy, Nichols
ABSENT — None
2. ORAL COMMUNICATIONS — None
3. RECESS TO CLOSED SESSION - The City Council recessed to Closed Session at 5:00
p.m. with all Members present.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Rick Otto, City Manager; Wayne Winthers, City Attorney; Tom
Kisela, Police Chief; Laura Kalty, Special Counsel.
Employee Organizations: City of Orange Police Association, Orange City
Firefighters, City of Orange Police Management Association, Orange Management
Association, Orange Municipal Employees Association, Water Division
Employees Association, Maintenance and Crafts Employees Association.
b. Conference with Legal Counsel — Existing litigation pursuant to Government
Code Section 54956.9(a), two cases:
Case: Urbin v. City of Orange
Orange County Superior Court Case No. 30- 2015- 00781645
C. Case: Supancic v. City of Orange, et. al.
Orange County Superior Court Case No. 30- 2016 - 00856903
4. ADJOURNMENT — At 6:05 p.m. the City Council adjourned the Closed Session to its
Regular Meeting on Tuesday, March 14, 2017, in the Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
Mayor Smith opened the meeting at 6:11 p.m.
1.1 INVOCATION
Given by Adam Friedrich from Praise Chapel OC.
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
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
MARCH 14, 2017
Mayor Smith announced several events taking place at the Orange Public Library this
spring.
Councilmember Nichols announced that the Orange Public Library and History Center will
be celebrating its 10 Anniversary.
Mayor Smith announced that the State of the City Address would be on Thursday, March
23, 2017.
2. PUBLIC COMMENTS
Marshall Krupp — expressed concerns with the condition of the streets in the Santiago Hills
neighborhood and requested that they be repaired.
Phil Knoll — spoke regarding the homeless issue along the Santa Ana River Trail.
Marqel Lee — spoke regarding his admiration of the Plaza in the City of Orange.
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CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
CONSENT CALENDAR
MARCH 14, 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.
Confirmation of warrant registers dated February 3, February 9, February 17, and
February 23, 2017. (C2500.J.1.7)
ACTION: Approved.
City Council Minutes, Regular Meeting of February 14, 2017. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
Emergency Management Performance Grant (EMPG): Emergency Preparedness
fund allocation. (A2100.0; AGR -6453)
ACTION: 1) Approved the agreement between the City of Orange and the Orange County
Sheriff s Department Emergency Management Bureau in an amount not to exceed $21,958
and authorize the City Manager to execute the agreement on behalf of the City; 2) Accepted
into the City's revenue budget a $21,958 grant from the Orange County Sheriff's
Department Emergency Management Bureau, into revenue account number
100.3021.45495.30088 Other Grant Revenue — EMPG Grant 2016; and 3) Authorized the
appropriation of $21,958 into expenditure account number 100.3021.50221.30088
Overtime — Safety EMPG Grant 2016.
Second Amendment with Raftelis Financial Consultants for developing the Water
Rate Study and Water Rate Model, in the amount of $16,148. (A2100.0; AGR- 6331.2)
ACTION: Approved Second Amendment to Agreement No. 6331 with Raftelis Financial
Consultants in the amount of $16,148 and authorize the Mayor and City Clerk to execute
on behalf of the City.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 14, 2017
3.6 Agreement to provide landscape and irrigation design and construction
documentation for the Santiago Hills Assessment District. (A2100.0; AGR -6454)
NOTE: Councilmember Nichols recorded an abstention due to a potential conflict with a
nearby property interest.
ACTION: Approved agreement with RHA Landscape Architects Planners, Inc. for an
amount not -to- exceed $21,884.50 and authorized the Mayor and City Clerk to execute on
behalf of the City.
APPROPRIATIONS
3.7 Appropriation of fiscal year 2016 -2017 (FY17) Board of State and Community
Corrections (BSCC) Local Assistance funding mandated by the state. (C2500.K)
ACTION: 1) Accepted into the City's revenue budget $57,088.09 from BSCC Local
Assistance funding, into revenue account 100.4011.45320.20355, BSCC Local Assistance
16 -17; 2) Authorized the appropriation of $28,544.09 into expenditure account
100.4011.50221.20355, Overtime — BSCC Local Assistance 16 -17; and 3) Authorized the
appropriation of $28,544.00 into expenditure account 100.4011.55131.20355, Equipment
— BSCC Local Assistance 16 -17.
3.8 Appropriation of funds received from State of California Office of Emergency
Services. (C2500.H)
ACTION: Accepted into the City's revenue budget a total reimbursement of $407,888.68
in reimbursement payments into account number 100.3021.48212 — Reimbursement from
OES, within the following project numbers:
Description of Incident
Reimbursement
Project
Account
Revenue
Amount
Sherpa Fire
40128
$35,460.89
Goose Fire
40133
47,728.11
Chimney Fire
40135
102,814.31
Pilot Fire
40134
68,933.68
Sand Fire
40131
152,951.69
Total:
$407,888.68
Authorized the appropriation into expenditure account number 100.3021.50221 —
Overtime- Safety, within the project numbers and amounts as follows:
Description of Expenditure
Project
Account
Expenditure
Amount
Sherpa Fire
40128
$35,460.89
Goose Fire
40133
46,687.36
Chimney Fire
40135
102,492.64
Pilot Fire
40134
68,901.52
Sand Fire
40131
152,881.66
Total:
$406,424.07
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
MARCH 14, 2017
Authorized the appropriation into expenditure account number 100.3021.53860 — Strike
Team Expenditures, within the project numbers and amounts as follows:
Description of Expenditure
Project
Account
Expenditure
Amount
Goose Fire
40133
$1,040.75
Chimney Fire
40135
321.67
Pilot Fire
40134
32.16
Sand Fire
40131
70.03
Total:
$1,464.61
BIDS
3.9 Final Acceptance of Bid No. 167 -02; CDBG FY 2015 -2016 Alley and Street
Improvements performed by All American Asphalt; and authorization to file Notice
of Completion with the County Recorder. (No staff report required.)
ACTION: Accepted public work improvements, authorize release of Project Fidelity and
Deposit Company of Maryland State of Maryland, Bond No. 7650957 in the amount of
$403,909.30 to execute the Notice of Completion.
3.10 Final Acceptance of Bid No. 156 -30; Annual Pavement Maintenance Project at
Various Locations Fiscal Year 2015 -16 performed by R.J. Noble Company; and
authorization to file Notice of Completion with the County Recorder. (No staff report
required.
ACTION: Accepted public work improvements, authorize release of is Western Surety
Company of South Dakota, Bond No. 58733103 in the amount of $3,584,220.00 to execute
the Notice of Completion.
3.11 Bid No. 167 -24; Award contract for Community Development Block Grant (CDBG)
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations Project for the Fiscal Year 2017 (FY17). (A2100.0; 6455)
ACTION: Rejected the bid received from the apparent low bidder C.J. Concrete
Construction, Inc., a California Corporation, on the basis that the bid was not responsive;
and awarded the contract to Nobest, Inc. in an amount not -to- exceed $225,000 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)
MARCH 14, 2017
3.12 Bid No. 167 -34; Approval of plans and specifications for Annual Pavement
Maintenance at Various Locations, Fiscal Year 2016 -2017; and authorization to
advertise for bids. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Pavement Maintenance Project at Various Locations, FY 2016 -2017.
3.13 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.
Scot & Kelli Paul
b.
Francisco Pimentel
C.
Joaquin R. Alamillo
d.
Geico a/s /o/ Alex Park
e.
Brianna Gonzalez
f.
County of Orange
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PARKING
3.14 Approval of "NO FEE" parking permits in Municipal Parking Lot No. 2 on South
Orange Street for the Assistance League of Orange (10 permits), and the First United
Methodist Church (2 permits). (S4000.S.3.1.2)
ACTION: Approved the request and issued the parking permits to be valid from July 1,
2017, through December 31, 2017; and also from January 1, 2018, through June 30, 2018.
3.15 Approval of a modification to the Metrolink Parking Structure construction plans
and an addendum to the Mitigated Negative Declaration to add 16 City -owned
parking spaces to the area designated as the construction lay -down (staging) area on
the Lemon Street lot. In addition, the Council is being asked to approve final design
for the parking structure signs. (C2500.M)
NOTE: Councilmember Alvarez recorded an abstention to stay consistent with past
abstentions.
ACTION: 1) Approved and adopted the Addendum to MND 1832 -14; 2) Approved DRC
4675 -13 allowing for parking structure signs; and 3) Approved a modification to the project
plans to re- establish a public surface parking lot within the project's construction staging
areas, following project completion.
3.16 Number not used.
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CITY COUNCIL MINUTES MARCH 14, 2017
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(ITEM REMOVED AND HEARD SEPARATELY)
3.17 Authorization for temporarily closing portions of public streets for approved special
events. Resolution No. 10997. (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
Councilmember Nichols asked the permit parking for graduations taking place at El
Modena High School on June 15, 2017. Staff explained that a request was not received for
this area.
MOTION
— Nichols
SECOND
— Murphy
AYES
— Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to adopt Resolution No. 10997 approving the closure of public streets during the
times of approved special events; and approved closure of municipal parking lots and
temporary suspension of neighborhood permit parking restrictions for certain events and
dates occurring in Fiscal Year 2017 -18. Staff was directed to bring back an agenda item
for the suspension of the parking permit areas around Fred Kelly Stadium for high school
graduations.
SPECIAL EVENTS
3.18 Special Event Permit request from the Orange Blossoms Auxiliary, an Auxiliary of
the Assistance League of Orange, to host their Annual Taste of Orange, on Sunday,
May 7, 2017. (P1300.0.9)
ACTION: 1) Approved the closure of a portion of the South Orange Street public parking
lot for use by the Assistance League of Orange, California, Inc., to hold their Annual "Taste
of Orange" on Sunday May 7, 2017; 2) Authorized the sale and permit the purchase,
possession, and consumption of alcoholic beverages at the annual "Taste of Orange" event,
on a portion of the South Orange Street public parking lot pursuant to the requirements of
Section 5.72.080 of the OMC; and 3) Approved waiver of $208 parking lot usage fee for
this event.
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Nichols recorded an abstention on Item 3.6. Councilmember Alvarez
recorded an abstention on Item 3.15. Item 3.17 was removed from the Consent Calendar
and heard separately. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR SMITH
MARCH 14, 2017
4.1 Review of the Demolition Review Process Pertaining to Structures in the Old Towne
Historic District (OMC 17.10.090).
City Manager Otto distributed material pertaining to the demolition ordinance. The Design
Review Committee requested that Council review the ordinance as demolitions are
occurring without permission. Staff was directed to bring back to a future meeting an
amended ordinance to deter unpermitted demolitions.
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7. ADMINISTRATIVE REPORTS
7.1 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for widening of portions of Katella Avenue and Tustin Street,
Resolution No. 10993. (Continued from 2/14/17) (N1200.0)
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. ENV 1851 -16 and a Mitigation Monitoring and Reporting
Program for the widening of portions of Katella Avenue and Tustin Street, approving
Preliminary Plans therefore, and making certain findings in connection therewith.
City Manager Otto introduced the item and City Engineer Frank Sun provided a staff
report. In response to Councilmember Whitaker's questions regarding the circulation and
drive thru operations for El Pollo Loco, Mr. Sun stated that staff has visited the site and
observed the drive thru operation and has determined that the project will not impact the
on -site circulation, although cars may obstruct the overhang while waiting for other cars to
move forward. He also clarified that the grant was awarded for Fiscal Year 2016 -17;
therefore the project must begin the right -away phase before the end of the fiscal year.
Public Speaker
Kevin Anderson, owner of Tuskatella shopping center— spoke in opposition of the project.
During further discussion, City Engineer Sun explained the next steps in the appraisal
process, including negotiating with the property owners, before coming back to Council
for approval of the final purchase.
MOTION — Smith
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10993 and authorized staff to agree to not make the
AT &T or El Pollo Loco buildings legal non - conforming during negotiations with the
property owners.
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CITY COUNCIL MINUTES MARCH 14, 2017
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Approving and adopting Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for widening of portions of Chapman Avenue and Tustin
Street, Resolution No. 10994. (Continued from 2/14/17) (N1200.0)
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. ENV 1852 -16 and a Mitigation Monitoring and Reporting
Program for the widening of portions of Chapman Avenue and Tustin Street, approving
Preliminary Plans therefore, and making certain findings in connection therewith.
City Engineer Sun provided a staff report. Staff has met with the property owner of the
gas station. Mr. Sun explained that the fuel delivery driver comes in westbound and makes
a right hand turn into the gas station. Staff has assured the owner that construction will
only take place at one driveway at a time still allowing the fuel delivery to be made the
same way.
MOTION — Nichols
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10994.
7.3 Facilities Condition Assessment. (C2500.M)
City Manager Otto introduced the item and City Engineer Sun provided a brief staff report.
The City owns approximately 40 buildings ranging from over 100 years old to less than 10
years old. Most buildings are over 30 years old. Mr. Sun explained the methodology for
the ratings given to each building. City Manager Otto noted that the assessment will be
discussed in further detail at an upcoming Budget Study Session.
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to receive and file.
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS — None
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CITY COUNCIL MINUTES MARCH 14, 2017
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
11. PUBLIC HEARINGS — None
12. ADJOURNMENT — The City Council adjourned at 7:30 p.m.
An Adjourned City Council Meeting will be held on March 28, 2017, 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, April 11, 2017, at 6:00 p.m. in the Council Chamber, with Closed
Session beginning at 5:00 p.m., if necessary.
M77? MURPHY
CITY CLERK
TEREO, E. SMITH
MAYOR
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