Council Minutes 10/11/16 APPROVED BY THE CITY COUNCIL ON NOVEMBER 9, 2016
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES OCTOBER 11, 2016
The City Council of the City of Orange, California convened on October 11, 2016, at 4:30 p.m. in
a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. EMPLOYEE RECOGNITION 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 October 11, 2016, at 6:00 p.m. in the Council
Chamber.
CITY COUNCIL MINUTES OCTOBER 11, 2016
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 Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9(a):
Case: Bofferding, et al. v. City of Orange, et al.
Orange County Superior Court Case No. 30 -2015- 00819178
4. ADJOURN TO REGULAR MEETING — At 5:45 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, October 11, 2016, in the Council
Chamber.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
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.
1.1 INVOCATION
Given by Pastor Nathan Hausch from St. John's Lutheran Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Mark A. Murphy.
1.3 ROLL CALL
PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Councilmember Nichols announced that the annual Treats in the Streets Autumn Festival
is on Thursday, October 26, 2016, from 4 — 7 p.m. in the Old Towne Orange Plaza area;
Councilmember Whitaker announced programs taking place at the Orange Public Library
this Fall; and Mayor pro tem Murphy announced that the Veterans Day Tribute will be on
November 11, 2016, at the Veterans Memorial at Depot Park.
Presentation by the Friends of Orange Public Library to the Orange Public Library.
Presentation of a Proclamation to the Friends of Orange Public Library.
2. PUBLIC COMMENTS
Leo Ouellette, American Legion Post 132 — requested assistance in expanding the
American Legion museum of military memorabilia, which has grown beyond their
building.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
2. PUBLIC COMMENTS (Continued)
Jean Krever — spoke against short-term vacation rentals in residential neighborhoods.
Bonnie Lewis Nygren — raised concerns about the amount of campers and homeless near
her property.
Mary Ann Mecke — spoke regarding parking problems at the Senior Center and requested
that parking permits be issued for 25 spaces in the Senior Center parking lot.
Beth Mays, Student Services Coordinator, Anaheim University — announced that Anaheim
University is celebrating their 20 -year anniversary.
Steve Hunt — expressed concerns with the conditions of a storage facility including the use
of storage units to run businesses.
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 September 8, 15, 22, and 29, 2016.
(C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of September 13, 2016. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR
AGREEMENTS
3.4 Agreements between the City of Orange and Environmental System Research
Institute, Inc. (ESRI) for (1) Enterprise License Agreement for the Citywide
Geographic Information System (GIS), and (2) ESRI Enterprise Advantage Program
to assist the City in the software upgrade and GIS data conversion. (A2100.0; AGR-
6397)
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: 1) Authorized the appropriation from the Information Systems (780) unreserved
fund balance to the following expenditure account number:
780.1601.51670.00000 Information Systems — Professional Services $75,000
2) Authorized budget adjustments for the following expenditure account numbers as
follows:
Account Number Fund Decrease
790.1601.56033.20273 Computer Replacement $15,000
100.5011.51670.00000 General Fund $15,000
600.8011.51620.00000 Water Fund $5,000
Total Budget Adjustments $75,000
3) Approved Enterprise Licensing Agreement (ELA) with ESRI for a three -year term
(ESRI Agreement No. 2015ELA2281) totaling $310,000 paid in 3 year increments of
$75,000, $100,000, and $135,000 and authorized the Mayor and City Clerk to execute the
documents on behalf of the City. 4) Approved the ESRI Enterprise Advantage Program
(EEAP) Agreement between the City of Orange and ESRI in the amount of $130,000 to
assist the City with implementation of the Local Government Information Model, data
conversion, and training (ESRI Agreement No. 2015EAP2282) and authorized the Mayor
and City Clerk to execute the documents on behalf of the City. 5) Authorized the City
Manager to sign each one -year extension as long as they are consistent with this
Agreement.
3.5 Four year agreement with Commercial Aquatic Services, Inc. for ongoing
maintenance, repair, and chemical supplies for the Hart Park Pool in the amount not
to exceed $132,045. (A2100.0; AGR 5576.B)
ACTION: Approved the agreement with Commercial Aquatic Services, Inc. and
authorized the Mayor and the City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
3.6 Cooperative Agreements with Caltrans in connection with the implementation of the
Regional Traffic Signal Synchronization Corridors of Chapman Avenue, Kraemer
Boulevard /Glassell Street /Grand Avenue, and State College Boulevard/The City
Drive. (A2100.0; AGR 6398)
ACTION: 1) Approved Cooperative Agreements with Caltrans for the synchronization of
Chapman Avenue, Glassell Street, and The City Drive, and authorize the Mayor and City
Clerk to execute on behalf of the City; 2) Authorized the appropriation of $69,721 from
the 284 unreserved fund balances to expenditure account no. 284.5032.56100.20236
Chapman Avenue Traffic Signal Synchronization; 3) Authorized the appropriation of
$13,750 from the 284 unreserved fund balances to expenditure account no.
284.5032.56100.20205 Glassell Street Traffic Signal Synchronization; and 4) Authorized
the appropriation of $10,000 from the 284 unreserved fund balances to expenditure account
no 284.5032.56100.20188 State College /The City Drive Traffic Signal Synchronization.
3.7 Approve the Agreement with Robert Behn, Senior Lecturer and author at the
Harvard Kennedy School to present his two -day training course, Driving
Government Performance, in an amount not to exceed $28,000. (A2100.0; AGR 6399)
ACTION: 1) Approved the Agreement between the City of Orange and Robert Behn in an
amount not to exceed $28,000; and 2) Authorized the appropriation of $28,000 from the
Federal Asset Forfeiture (355) unreserved fund balance to expenditure account number
355.4011.51840.00000, Federal Asset Forfeiture, Local- Training.
(ITEM REMOVED AND HEARD SEPARATELY)
3.8 Approve the Agreement with Cornerstone Communications and authorize
membership to Behind the Badge OC for the period November 1, 2016, through June
30, 2017. (A2100.0; AGR 6400)
Staff requested that the item be continued.
MOTION — Whitaker
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to continue Item 3.8 to a date uncertain.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.9 Request to Accept and Appropriate into the City's Revenue Budget a $32,000
donation from the Friends of Orange Public Library (FOPL). (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $32,000 donation into revenue
Account No. 100.2001.48390.19990 (Library Friends Donations); and 2) Authorized the
appropriation of $30,000 into the following expenditure account numbers:
100.2001.53011.19990 - FOPL (Employee Recognition Program) $2,000
100.2001.53301.19990 - FOPL (Book Budget) $23,800
100.2004.51423.19990 — FOPL (Maintenance & Equipment) $700
100.2016.53340.19990 - FOPL (Craft supplies - Adult) $5,000
100.2017.53340.19990 - FOPL (Craft supplies- Children & Teen) $500
$32,000
BIDS
3.10 Bid No.167 -08 — Approval of plans and specifications for Annual Water Main
Renewal Project (W -676) and authorization to advertise for bids. (C2500.P)
ACTION: Approved plans and specifications and authorized advertising for Bid No. 167-
08, Annual Water Main Renewal Project.
3.11 Bid No. 167 -12 — Approval of plans and specifications, and authorization to advertise
for bids for street improvements on Washington Avenue, Almond Avenue, and
Palmyra Avenue. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertisement for bids for
the Washington Avenue, Almond Avenue, and Palmyra Avenue Street Rehabilitation
Proj ects.
3.12 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. 21' Century Insurance subrogee for Anhtuan Nguyen
b. D. Rodriguez (a minor)
c. Ursula H. Dornen
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Award contract to retrofit approximately 2,503 City streetlights to light emitting
diode (LED) fixtures and approve the use of On -Bill Financing (OBF) through
Southern California Edison (SCE). (A2100.0; AGR 6401)
ACTION: 1) Appropriated $980,000 from Fund 550 to project account number
550.5011.56330.30089 LED Streetlight Conversion; and 2) Awarded the contract in the
amount of $958,186 to Express Energy Services, Inc. (Express Energy), and authorized the
Mayor and City Clerk to execute the documents on behalf of the City.
GRANTS
3.14 Fiscal Year 2016 (FY16) Edward Byrne Memorial Justice Assistance Grant (JAG)
from the U.S. Department of Justice (DOJ) for the purchase of a Night Vision Optic
device. (A2100.0 Agr- 4654.K)
ACTION: 1) Approved the 2016 JAG Agreement between the County of Orange and the
City of Orange in an amount not to exceed $11,311, including the allocation to the County;
2) Authorized the City Manager or his designee to execute the agreement on behalf of the
City; 3) Accepted into the City's revenue budget a $10,293.01 grant from the County of
Orange, into revenue account number 353.4011.45150.30087, Federal Grants -2016 JAG;
4) Authorized the appropriation of $10,293.01 into expenditure account number
353.4011.55131.30087, Federal Grants - Equipment -2016 JAG; 5) Authorized the
appropriation of $424.68 from the Federal Asset Forfeiture (355) unreserved fund balance
to expenditure account 355.4011.55131.30087, Federal Asset Forfeiture 2016 JAG; and 6)
Approved the purchase of the Night Vision Optic device from IOV Group LLC in the
amount of $10,718.
PURCHASES
3.15 Purchase of window shades from Expert Window Coverings, Inc. for the Orange
Police Department. (C2500.K)
ACTION: 1) Approved the purchase of window shades from Expert Window Coverings,
Inc. in an amount not to exceed $29,900; and 2) Authorized the appropriation of $29,900
from the Police Facility (570) unreserved fund balance to expenditure account number
570.4011.51401.00000, Police Facility Fees — Contractual Services.
RESOLUTIONS
3.16 RESOLUTION NO. 10960 (C2500.J.4)
A Resolution of the City Council of the City of Orange regarding the 2016 Christmas
Holiday Closure.
ACTION: Approved.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 10962 (C2500.J.4.7)
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment for part-time and seasonal employees of the City
of Orange effective July 1, 2016 through and including June 30, 2017 and repealing
Resolution No. 10893 and amendments thereto, for said employees.
ACTION: Approved Resolution No. 10962, and authorized staff to make the necessary
budget adjustments and /or appropriations to the departments' salary and benefit accounts
to fund the increased costs of the contract.
3.18 Number Not Used.
3.19 RESOLUTION NO. 10974 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding between the City of Orange and the Water Division Employees'
Association (WDEA), Concerning Wages, Hours, and other Conditions of Employment
Effective July 1, 2015, through and including June 30, 2017, and Repealing Resolution No.
10764 and Amendments thereto for said Employees.
ACTION: Approved.
3.20 RESOLUTION NO. 10968 (C2500.J.4.3.1)
A Resolution of the City Council of the City of Orange Repealing Resolution No. 10778
and Implementing the Memorandum of Understanding between the City of Orange and the
Orange Fire Management Association Concerning Wages, Hours, and Other Conditions of
Employment for the period of July 1, 2015, through and including June 30, 2017.
ACTION: Approved.
3.21 RESOLUTION NO. 10976 (C2500.J.4)
A Resolution of the City Council of the City of Orange authorizing and approving a
Citywide Salary Schedule in accordance with the requirements of California Code of
Regulations, Title 2, Section 570.5.
ACTION: Approved.
3.22 RESOLUTION NO. 10979 (S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
Chapman Avenue, commonly referred to as Assessor's Parcel No. 231 - 061 -04, as excess
street right of way that is no longer needed for street purposes.
ACTION: Approved.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 10980 (P2500.0.1)
A Resolution of the City Council of the City of Orange finding that certain City -owned
real property located in the City of Orange bounded to the west by the northbound I -5
Access Ramp from Chapman Avenue to the north by 299 N. State College Blvd., to the
east by 300 N. Rampart St. and to the south by 3101 W. Chapman Ave. is surplus to the
City's needs and authorizing the sale of said property.
ACTION: Approved.
3.24 RESOLUTION NO. 10981 (P2500.0.1)
A Resolution of the City Council of the City of Orange finding that certain City -owned
real property located at 2935 E. Walnut Avenue in the City of Orange is surplus to the
City's needs and authorizing the sale of said property.
ACTION: Approved.
Mayor pro tem Murphy recorded an abstention on Item 3.4. Item 3.8 was removed from
the Consent Calendar and heard separately. All other items on the Consent Calendar were
approved as recommended.
MOTION — Murphy
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
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CITY COUNCIL MINUTES OCTOBER 11, 2016
7. ADMINISTRATIVE REPORTS
7.1 Financial status update for Fiscal Years 2016 and 2017. (C2500.J.1.1)
Finance Director Will Kolbow presented the staff report; and provided detailed information
regarding the PERS payments.
MOTION — Nichols
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to receive and file.
7.2 Pre - Development Agreement between City of Orange and Milan REI X relating to a
109 acre site known as the Trails at Santiago Creek. (A2100.0; AGR 6402)
City Manager Rick Otto presented the staff report. Mr. Otto noted that staff is
recommending to change the word "securing" to "seeking" on Article 2, Section 2.03 (b)
of the agreement (top of page 6). In addition, a letter was submitted and distributed to
Council outlining concerns from the Homeowners Associations (HOA) of Orange Park,
Mabury Ranch, and the Reserve at Orange Park Acres.
Public Speakers:
Frank Elfend, applicant — spoke in favor of the project and the pre - development agreement,
and answered Council's questions.
Theresa Sears — spoke in favor of a pre - development agreement, however, has some
concerns addressed in the letter provided to Council.
Don Bradley, Orange Park Acres Association Vice President — spoke in favor of a pre -
development agreement; however the Orange Park Acres HOA Board has some issues with
the agreement as it is written.
Nick Lall, Mabury HOA — spoke in favor of a pre- development agreement; however, has
concerns addressed in the letter provided to Council.
Tom Davidson — spoke in favor of a pre - development agreement; however, has concerns
addressed in the letter provided to Council.
Stephanie Lesinski, Mabury HOA Vice President — spoke in favor of a pre- development
agreement; however, has concerns addressed in the letter provided to Council.
Addison Adams, The Reserve HOA President — spoke in favor of a pre - development
agreement; however, has concerns addressed in the letter provided to Council.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
During discussion, City Attorney Winthers addressed each of the questions and concerns
discussed on page two of the letter submitted to Council by the HOA representatives.
• Staff recommends the following change be made, which was agreed upon by the
applicant: Article 1, Section 1.03 (a)(3) — change the wording in the entire section
to "Immediately upon delivery of written notice to terminate this agreement by
either party."
• Councilmember Whitaker suggested the following change for Article 2, Section
2.04 (a) — add a comma to the end of the last sentence after "Property" with the
additional wording "or City's right to enforce any and all laws and regulations
governing the operations on the Property;" which was agreed to by the applicant.
City Manager Otto then went over the first page of the letter. He clarified that there is an
issue with the acreage amounts which will need to be corrected in the future. In addition,
the HOA representatives requested that the "OPA/Mabury Ranch/The Reserve" labeling
on Alternative Maps B, C, and D be removed; and Alternative Map E be deleted. The
applicant agreed to these changes.
MOTION — Nichols
SECOND — Murphy
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to authorize the Mayor and City Clerk to execute the amended Pre - Development
Agreement between the City of Orange and Milan REI X with the agreed upon changes
made to Sections 1.03 (a)(3), 2.03 (b), and 2.04 (a); and changes to maps as follows:
• Article 1, Section 1.03 (a)(3) — change the wording in the entire section to
"Immediately upon delivery of written notice to terminate this agreement by either
ply
• Article 2, Section 2.03 (b) — change the word "securing" to "seeking" (top of page
six of the agreement).
• Article 2, Section 2.04 (a) — add a comma and additional wording "or City's right
to enforce any and all laws and regulations governing the operations on the
Property" to the end of the last sentence after "Property."
• Alternative Maps B, C, and D — remove label " OPA/Mabury Ranch/The Reserve"
from those maps.
• Alternative Map E — remove map from the agreement.
RECESS: The City Council recessed at 8:11 p.m. and reconvened at 8:20 p.m. with all Members
present.
8. REPORTS FROM CITY MANAGER — None
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CITY COUNCIL MINUTES OCTOBER 11, 2016
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 08-16 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Deleting Chapter 15.32, City of
Orange Fire Code, in its Entirety and adding Chapter 15.32, Adopting and Amending the
2016 California Fire Code and Portions of the 2015 International Fire Code as the City of
Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code.
MOTION — Nichols
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Nichols
ABSENT — Murphy
Moved that Ordinance No. 08 -16 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 — None
11. PLANNING AND ENVIRONMENT
11.1 Appeal of Traffic Commission's denial of applicant's request for 3 -hour time limit
parking and red curb on N. Shattuck Place. (S4000.S.3.1.1)
City Manager Otto introduced the item. City Traffic Engineer Jacki Scott presented the
staff report, and answered Council's questions regarding the parking analysis done by staff.
Sergeant Brian Marcotte, Orange Police Department, answered Council's questions
regarding the types of citations issued during the 30 -day enforcement of parking
regulations.
Public Speakers:
Glen Nelson — requested that Council consider a 3 -hour time limit parking and red curb at
N. Shattuck Place.
Pastor Bubba Lipscomb — requested that Council approve the request.
Steve Nelson — requested that Council approve the request.
Philip Nelson — requested that Council approve the request.
Adam Feliz, Traffic Commission Member — requested that Council uphold the Traffic
Commission's decision as limiting the parking on that street will only impact the
surrounding area.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
11. PLANNING AND ENVIRONMENT (Continued)
Councilmember Alvarez stated that he brought this issue forward so that Council could
review the situation on N. Shattuck Place and consider a 3 -hour parking limit or a no
overnight parking restriction as a resolution to the parking difficulties faced by the church
and surrounding businesses on this street.
Following discussion, Council agreed to approve a 3 -hour parking limit, 8:00 a.m. to 8:00
p.m., seven days a week, for the designated areas in the application submitted to the Traffic
Commission (100 feet in front of each address at 853 N. Shattuck Place and 840 N.
Shattuck Place, for a total of 200 feet).
MOTION — Whitaker
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to grant the appeal and approve a modified version of the applicant's request for a
3 -hour time limit parking from 8:00 a.m. to 8:00 p.m., seven days a week, in the designated
area; and request that staff bring back a report in six months with an update on the effect
of the parking restriction.
12. PUBLIC HEARINGS
12.1 Adoption of the 2016 Editions of the California Building Standards Code amending
Title 15 of the Orange Municipal Code. (A2500.0)
Time set for a public hearing to consider adoption of the 2016 Editions of the California
Building Standards Code.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 09-16 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code adopting and amending the 2016 Editions of the California Codes and
Related Model Codes with Appendices relating to the Building Codes.
MOTION — Murphy
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 09 -16 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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CITY COUNCIL MINUTES OCTOBER 11, 2016
13. ADJOURNMENT — The City Council adjourned at 9:25 p.m.
The next Regular City Council Meeting will be held on Wednesday, November 9, 2016, at
6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if
necessary.
(7 C
MA : I*► URP • TERESA E. SMITH
CITY CLE MAYOR
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