Council Minutes 02/14/17APPROVED BY THE CITY COUNCIL ON MARCH 14, 2017
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES FEBRUARY 14, 2017
The City Council of the City of Orange, California convened on February 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 — Whitaker, Smith, Murphy, Nichols
ABSENT — Alvarez
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 Alvarez who was absent.
a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: Hutt v. City of Orange, et al.
Orange County Superior Court Case No. 30 -2016- 00857673
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Rick Otto, City Manager; Wayne Winthers, City Attorney;
Laura Kalty, Special Counsel
Employee Organizations: City of Orange Police Association, Orange City
Firefighters, Orange Management Association, Orange Municipal Employees
Association.
4. ADJOURN TO REGULAR MEETING — At 6:00 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, February 14, 2017, at 6:00 p.m. in the
Council Chamber.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
FEBRUARY 14, 2017
This Regular Meeting of the Orange City Council was called to order by Mayor Smith at
6:00 p.m.
1.1 INVOCATION
Given by Pastor Rob Curington from Orange Villa Bible Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred M. Whitaker.
1.3 ROLL CALL
PRESENT — Whitaker, Smith, Murphy, Nichols
ABSENT — Alvarez
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Eagle Scout Max Lochrie announced the completion of his leadership badge (in partnership
with the Orange Public Library Foundation and Troop 24 1) by building and installing four
Free Little Libraries in four City of Orange Parks — El Camino, Killefer, Steve Ambriz,
and LaVeta.
2. PUBLIC COMMENTS
Daniel Ryan — spoke about how City policies and procedures are in violation of property
owner rights.
Mark Reddick — spoke regarding the homeless issue.
Don Bradley — discussed how the Orange Park Acres (OPA) Specific Plan needs to be
updated as it was originally adopted in 1973.
Annie Loo — spoke in support of women leaders and women's rights.
Adam Duberstein, Respect Orange Organization — announced a fundraiser supporting the
Orange High School FFA.
Cassandra Perez, Congressman Lou Correa's Office representing the 46 District —
announced that a local office is now open.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
FEBRUARY 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.
3.1 Confirmation of warrant registers dated January 6, 12, 20, and 26, 2017.
(C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Adjourned Regular Meeting of December 6, 2016, and Regular
Meeting of January 10, 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 October, November, and December 2016. (C2500.F)
ACTION: Received and filed.
3.5 Investment Oversight Committee Report for the period ending January 31, 2017.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
3.6 Approve the Agreement with Cornerstone Communications and authorize
membership to Behind the Badge OC for the period March 1, 2017, through June 30,
2017. (A2100.0; AGR -6400)
ACTION: 1) Approved the Agreement between the City of Orange and Cornerstone
Communications in an amount not -to- exceed $17,600; 2) Authorized the City Manager to
execute the agreement on behalf of the City; and 3) Authorized the appropriation of
$17,600 from the Federal Asset Forfeiture (355) unreserved fund balance to expenditure
account number 355.4011.51670.00000, Federal Asset Forfeiture, Consulting Services.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
3. CONSENT CALENDAR (Continued)
3.7 Approve the Consultant Services Agreement with the County of Orange for. full -time
services of a Forensic Specialist for the Police Department through June 30, 2017.
(A2100.0; AGR -6447)
ACTION: Approved the Agreement between the County of Orange and the City of Orange
in an amount not -to- exceed $42,179 through June 30, 2017; and authorized the Mayor and
the City Clerk to execute the Agreement on behalf of the City.
3.8 Approve a five -year agreement with Califa Group to provide enhanced Internet
service to all library facilities, and provide fiber -speed network connectivity to the El
Modena Branch Library. (A2100.0; AGR -6448)
ACTION: Approved the five -year agreement with Califa to provide Internet and data
services through CaIREN; and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
3.9 Approve Attorney Services Agreement with the law firm Liebert Cassidy and
Whitmore to provide labor negotiations for 2017 negotiations in an amount not -to-
exceed $75,000. (A2100.0; AGR- 6025.B)
ACTION: Approved and authorized the Mayor and City Clerk to execute the Attorney
Services Agreement with Liebert Cassidy Whitmore.
3.10 Approve First Amendment to Consultant Services Agreement with Moore, Iacofano,
Goltsman, Inc., a private planning consultant firm, to provide current and advance
planning assignments and prepare planning studies and reports. (A2100.0; AGR -
6439.1)
ACTION: Approved and authorized the Mayor and City Clerk to execute the professional
service agreement with Moore, Iacofano, Goltsman, Inc., in an amount not -to- exceed
$45,000.
3.11 Approve Consultant Services Agreement between the City of Orange and IBI Group,
Inc. (IBI) to perform a parking study of Uptown Orange. (A2100.0; AGR -6449)
ACTION: Approved the Consultant Services Agreement with IBI in an amount not -to-
exceed $75,000; and authorized the Mayor to execute and the City Clerk to attest to the
Consultant Services Agreement with IBI.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.12 Appropriation of revenue and associated expenditures for Community Garden plot
leases and sports field maintenance. (C2500.N)
ACTION: Authorized the appropriation of $3,450 from the General Fund unreserved fund
balance to expenditure account number 100.7001.51700.20227 (Garden Plots); and
authorized the appropriation of $8,278.50 from revenue account 100.7001.42480.00000
(User Group Maintenance Fees) to expenditure account number 100.7022.51700.00000
(Contractual Services).
BIDS
3.13 Bid No. 167 -27; Approval of plans and specifications, and request authorization to
advertise for bids for FY 17 Annual Concrete Replacement at Various Locations.
(S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
FY 17 Annual Concrete Replacement at Various Locations Project.
3.14 Rejection of Bids for Bid No. 167 -21, D -172; Orangewood Avenue & Katella Avenue
Water Quality Storm Drain Improvements, FY 2016 -2017. (C2500.M.17)
ACTION: Rejected all bids received and authorized the re- advertisement of this project.
3.15 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. Bersabel Belay
b. Patti Lynn Carlson; Estate of Christopher Carlson; Patti Lynn Carlson as
successor in interest
C. Ryan Wells
d. Marjorie Wilson
e. Virgil Griffin
f. Stella Torres
g. State Farm Insurance a/s /o Luther Bowen
h. Antonio Lujan
i. St. Mary Trust Apts.
j. Jerry Sandoval
k. Rolando Aguilar
1. Tu Ly
M. Aman Jot
n. Anureet Kaur
o. Kuljit Singh
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.16 Final Acceptance of Bid No. 156 -45; Reservoir 2 Paving Project performed by Hardy
& Harper Inc; and authorization to record Notice of Completion with the County
Recorder. (No staff report required)
ACTION: Accepted public works improvements, authorized release of The Fidelity and
Deposit Company of Maryland, Bond No. 7650508 in the amount of $105,361.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
PURCHASES
3.17 Authorize the purchase of replacement water meters from Neptune Technology
Group on a sole source "as needed" basis for FY 2017/2018. (C2500.P)
ACTION: Approved the purchase of Neptune water meters on an "as needed" basis from
Neptune Technology Group in an amount not -to- exceed $120,000.
3.18 Authorize the purchase of a DUI Trailer from Nappi Fabrication Designs as a sole
source vendor. (C2500.K)
ACTION: Approved a sole source purchase of a DUI Trailer from Nappi Fabrication
Designs in an amount not -to- exceed $35,000.
(ITEM REMOVED AND HEARD SEPARATELY)
REPORTS
3.19 Audited Financial Statements and Related Financial Reports for the fiscal year ended
June 30, 2016. (C2500.J.1.3)
City Treasurer Rohm provided a staff report and thanked staff.
MOTION
— Murphy
SECOND
— Smith
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to receive and file.
RESOLUTIONS
3.20 Accepting certain roads and streets into the City Street System. Resolution No. 10991.
(S4000.0)
A Resolution of the City Council of the City of Orange accepting certain roads and streets
into the City street system.
ACTION: Approved.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
3. CONSENT CALENDAR (Continued)
3.21 Approving the Memorandum of Understanding between the City and the City of
Orange Police Association. Resolution No. 10992. (C2500.J.4.2)
A Resolution of the City Council of the City of Orange repealing Resolution No. 10779 and
approving the Memorandum of Understanding between the City of Orange and the City of
Orange Police Association concerning wages, salaries, and other terms and conditions of
employment effective July 1, 2015, through June 30, 2017.
ACTION: Approved.
(ITEM REMOVED AND HEARD SEPARATELY)
3.22 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. (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 Rick Otto introduced the item.
Public Speakers
Kevin Anderson, owner of Tuskatella shopping center — spoke in opposition of the project.
Stacy Thompson, El Pollo Loco, spoke in opposition of the proposed project.
Mayor Smith asked if there would be an issue with delaying the project if the item was
continued to the next meeting. This is the first phase of the project and staff stated there
wouldn't be any funding issues.
MOTION
— Smith
SECOND
— Murphy
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to continue to the March 14, 2017, City Council meeting. Council requested
more information regarding circulation issues.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
3. CONSENT CALENDAR (Continued)
(ITEM REMOVED AND HEARD SEPARATELY)
3.23 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. (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.
Public Speakers
Brad Pierce — spoke in opposition of the project.
Anish Gala — spoke in opposition of the project.
Bob Gala — spoke in opposition of the project.
MOTION
— Nichols
SECOND
— Whitaker
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to continue to the March 14, 2017, City Council meeting. Council requested more
information on circulation and traffic safety issues.
3.24 Approving the Memorandum of Understanding between the City and the Orange
City Firefighters. Resolution No. 10995. (C2500.J.4.3)
A Resolution of the City Council of the City of Orange repealing Resolution No. 10698 and
approving the Memorandum of Understanding between the City of Orange and the Orange
City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -
CIO concerning wages, salaries, and other terms and conditions of employment effective
July 1, 2015, through June 30, 2017.
ACTION: Approved.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Items 3.19, 3.22, and 3.23 were 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 FEBRUARY 14, 2017
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS —None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Status of Fiscal Year 2016 -2017 budget and necessary Mid -Year Adjustments and
preliminary projections for Fiscal Year 2017 -2018 budget preparation. (C2500.E.4)
City Manager Otto introduced the item, and Finance Director Will Kolbow presented the
staff report and answered Council's questions regarding PERS costs and sales tax
assumptions.
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to receive and file report; and approve the following transfers: 1) Authorize the
transfer of $2,000,000 from the unreserved fund balance of the General Fund to the Capital
Projects Fund (500); 2) Authorize the transfer of $1,000,000 from the unreserved fund
balance of the General Fund to the Accrued Liability Fund (760 for PERS); and 3)
Authorize the transfer of $2,5000,000 from the unreserved fund balance of the General
fund to the Business Investment Fund (115).
(EMERGENCY ITEM ADDED)
7.2 Amendments No. 1 — No. 4 to Consultant Services Agreement No. 5889 with Jacobs
Engineering Group, Inc., for additional consultant services and new Caltrans
requirements for preparing Project Approval (PA) and Environmental Document
(ED) for Meats Avenue Interchange at SR -55 (SP- 3814). (A2100.0; AGR- 5889.4)
City Attorney Wayne Winthers announced the need for an emergency item to be added to
the agenda per Government Code Section 54954.2. City Engineer Frank Sun explained
that the need for action on this item came to the City's attention on February 13, 2017; and
based on information from OCTA, funds have to be expended before February 26, 2017,
in order to qualify for reimbursement.
MOTION
— Murphy
SECOND
— Smith
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to find that evidence exists that there is a need to take immediate action on this item
and that the need for this action came to the attention of the City subsequent to the agenda
being posted on February 9, 2017.
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CITY COUNCIL MINUTES FEBRUARY 14, 2017
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Amendments No. 1 — No. 4 to Consultant Services Agreement No. 5889 with Jacobs
Engineering Group, Inc., for additional consultant services and new Caltrans
requirements for preparing Project Approval (PA) and Environmental Document
(ED) for Meats Avenue Interchange at SR -55 (SP- 3814).
City Engineer Sun presented the staff report and answered Council's questions. He
explained that 70% of the funding comes from OCTA and 30% is paid for by the City. The
City makes the initial payment and then is reimbursed by OCTA.
MOTION
— Whitaker
SECOND
— Smith
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved to approve Amendments No. 1 — No. 4 to the existing Jacobs Engineering Group,
Inc. for additional consultant services and new Caltrans requirements that are required to
finalize the PA/ED for Meats Avenue Interchange at SR -55.
8. REPORTS FROM CITY MANAGER
8.1 Introduction of New City Website.
The City's new website premiered about two weeks ago. Deputy City Manager Irma
Hernandez gave a brief presentation; and showed Council some of the website's new
features.
9. LEGAL AFFAIRS
9.1 Approving a zone change to property located at 2050 and 2140 West Chapman
Avenue from office professional to general business. Ordinance No. 01 -17 (Second
Reading). (A2500.0)
An Ordinance of the City Council approving Zone Change No. 1282 -16 to change the zone
of property located at 2050 and 2140 West Chapman Ave. from office professional (O -P)
to general business (C -2) consistent with the existing General Plan land use designation of
general commercial (Max 1.0 FAR) (GC).
MOTION
— Murphy
SECOND
— Whitaker
AYES
— Whitaker, Smith, Murphy, Nichols
ABSENT
— Alvarez
Moved that Ordinance No. 01 -17 be read by title only and same was approved and adopted
by the preceding vote.
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CITY COUNCIL MINUTES
FEBRUARY 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 7:26 p.m.
Mayor Smith announced that the State of the City Address, sponsored by the Orange
Chamber of Commerce, will be presented on March, 23, 2017.
The next Regular City Council Meeting will be held on Tuesday, March 14, 2017, at 6:00
p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
MA URPHY TERESA E. SMI H
ITY CLERK MAYOR
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