Council Minutes 08/11/15 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 8, 2015
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES AUGUST 11, 2015
The City Council of the City of Orange, California convened on August 11, 2015, at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 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. RECESS TO CLOSED SESSION—The City Council recessed to Closed Session at 4:33
p.m. with all Members present.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Laura Kalty, Special Counsel, Mike Harary, Assistant Human
Resources Director, Will Kolbow, Finance Director and Lisa
Kim, Economic Development Manager.
Employee Organizations: All bargaining groups.
b. Conference with Legal Counsel—Existing Litigation pursuant to Government Code
Section 549569(a):
Case: City of Orange v. County of Orange, et.al.
Orange County Superior Court Case No. 30-2010-00338820 CU-TT-CXC
c. Public Employee Appointment—Pursuant to Government Code Section 54957(b):
Title: City Manager
4. ADJOURN TO REGULAR MEETING — At 6:15 p.m. the City Council adjourned the
Closed Session to its Regular Meeting on Tuesday, August 11, 2015, in the Council
Chambers.
CITY COUNCIL MINUTES AUGUST 11, 2015
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Mayor Smith.
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
Mayor Smith announced that the last Concert in the Park is on August 12, 2015, at 7:00
p.m. at Hart Park.
Orange Reads presentation by the Orange Public Library and Board of Trustees
Presentation by the Orange Public Library Foundation to the Orange Public Library
Presentation of a Resolution honoring retiring Fire Chief, Patrick Dibb
2. PUBLIC COMMENTS
Ben Rejniak, Congresswoman Walter's Office—announced that Congresswoman Walters
is hosting a cyber-security and identity protection community event on August 24, 2015.
The following people spoke regarding their concerns with university students living off-
campus and the resulting traffic problems, and their opposition of the proposed changes to
the Chapman University Specific Plan:
Janet Simcic, John Aleccia, Greg Minnich, Colleen Brannon, Robin Morrison, and
Maryanne Skorpanich.
R. Joshua Collins — spoke in support of the homeless shelter proposed in the City of
Anaheim.
Lou Noble—spoke in support of the homeless shelter proposed in the City of Anaheim.
The following speakers spoke in opposition of the homeless shelter proposed in the City
of Anaheim:
PAGE 2
CITY COLTNCIL MINUTES AUGUST 11, 2015
Dean Vargas, Marla Crosswhite, Anne Chhouk, Robert Davis, James Meyer, Carol Algra,
Martha Martin, Chris Vance, William Abbott, Dan Subia, Donna Bessette, Barbara
Schroeder, Merrill Smith, Craig Riesch, Steve Leseney, B. Cabrerra, Janet Knox, Michael
Chew, Dianne Rapp, Mark Moynihon, Steve Schecter, Tim Nichelson, Denise Anderson,
Dek Soto, Ann Rice, Jennifer Sterling, Mathew Cunningham, Martha Bradshaw, and
Raymond McMahon.
RECESS: The City Council took a 10 minute recess at 8:06 p.m. and reconvened at 8:16 p.m.
with all members present.
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, July 7, 9, 16,21, 23, and 28,2015.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 14, 2015. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Treasurer's Report for the Months of April, May, and June 2015. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement for Sharing Consultant Costs for 2015 Urban Water Management Plan.
(A2100.0 Agr-5577.A)
ACTION: Approved Cost Sharing Agreement and authorize City Manager or his designee
to sign the agreement for the City.
3. CONSENT CALENDAR(Continued)
PAGE 3
CITY COLTNCIL MINUTES AUGUST 11, 2015
3.6 Fourth and Final Amendment to Agreement with Siemens Industry, Inc./Republic
Intelligent Transportation Services to provide Emergency Response Services for
traffic signals and street lighting maintenance. (A2100.0 Agr-5713.4)
ACTION: Approved fourth and final Amendment to Contract AGR-5713 with Siemens
Industry, Inc. /Republic Intelligent Transportation Services (ITS) in an amount not to
exceed $40,000 to provide emergency response services for traffic signals and street
lighting maintenance services within the City, and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7 Third Amendment to Contract with Commercial Aquatic Services, Inc. for an
amount not to exceed $35,354.80 in FY 15-16. (A2100.0 Agr-5576.A.3)
ACTION: Approved the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.8 Attorney Services Agreement with the Law Firm of Kutak Rock LLP to provide Legal
Services related to Litigation Defense in an amount not to exceed $100,000. (A2100.0
Agr-6248)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.9 Award of Consultant Services Agreement to Raftelis Financial Consultants for
preparing the Sanitation Rate Study. (A2100.0 Agr-6249)
ACTION: Awarded the contract in the amount of $38,638.00 to Raftelis Financial
Consultants and authorized the Mayor and City Clerk to execute on behalf of the City.
3.10 Updated Agreement between Wittman Enterprises and the City of Orange for
Emergency Medical Services (EMS) Transportation Program billing services.
(A2100.0 Agr-6250)
ACTION: Authorized the Mayor and City Clerk to execute a Professional Services
Agreement between the City of Orange and Wittman Enterprises.
3.11 Consultant Services Agreement between Bureau Veritas North America,Inc. and the
City of Orange for Plan Review Services for Fiscal Year 2015-16. (A2100.0 Agr-
3100.L)
ACTION: Approved the renewed agreement between the City of Orange and Bureau
Veritas North America, Inc. in an amount not to exceed $70,000 for Fiscal Year 2015-16
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12 Number not used.
PAGE 4
CITY COLTNCIL MINUTES AUGUST 1 l, 2015
3. CONSENT CALENDAR(Continued)
APPROPRIATIONS
3.13 Families and Communities Together (FaCT) grant between the County of Orange,
Friendly Center, City of Orange,Interval House,and Western Youth Services for the
provision of services promoting safe and stable families, differential response, and
family stabilization beginning July l, 2015, through June 30, 2020. (C2500.K)
ACTION: 1) Accepted into the City's revenue budget a $1,500 grant from the County of
Orange Social Services Agency into revenue account number 100.4011.45290.30075,
General Fund- FY 16 FaCT grant; and 2) Authorized the appropriation of$1,500 into the
following Administration Program expenditure account number 100.4011.53060.30075
(Miscellaneous Supplies).
3.14 Appropriation of Donation from the Orange Public Library Foundation (OPLF) of
$15,300.00. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $15,300 donation into revenue
account number 100.2001.48390.19322 (Library Foundation Donations); and 2)
Authorized the appropriation of $15,300 into expenditure account number
100.2004.55131.19322 (Furniture, Machinery, Equip-OPLF).
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. Mike and Jeanine Eagan
b. Celina M. Padilla
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award of Contract—Bid No. 145-58; Supply One Commercial Transit Van from Ford
of Orange. (A2100.0 Agr-6251)
ACTION: 1)Authorized the purchase of one commercial/transit van from Ford of Orange,
and 2) Authorized the City Manager to surplus the replaced vehicle.
3.17 Award of Contract — Bid No. 145-60; Sewer Line Cleaning, Video Inspection, and
Emergency Response Services Project, FY 2015-16, 2016-17, and 2017-18. (A2100.0
Agr-6252)
ACTION: 1) Approved Hoffman Southwest Corp. dba Pro Pipe, Inc. of Mission Viejo to
withdraw bid request; and 2) Accepted the next lowest bid and awarded the contract to
Houston & Harris PCS, Inc., California in the annual amount of$143,376 and authorized
the Mayor and City Clerk to execute the necessary documents on behalf of the City.
PAGE 5
CITY COUNCIL MINUTES AUGUST 11, 2015
3. CONSENT CALENDAR(Continued)
3.18 Award of Contract—Bid No. 145-04; three (3) Federal Highway Safety Improvement
Program (HSIP) Left Turn Phasing Signal Modification Projects: 1) Chapman
Avenue at Hewes Street; 2) Chapman Avenue at Esplanade Street; and 3) Tustin
Street at Mayfair Avenue. (A2100.0 Agr-6253)
ACTION: 1) Authorized the appropriation from the 500 unreserved Capital Projects fund
balances to the following expenditure accounts: a) 500.5032.556100.20190 Capital
Projects Chapman and Hewes $10,000; b) 500.5032.556100.20192 Capital Projects
Chapman and Esplanade$43,000;2)Authorized the appropriation from the 284 unreserved
TSIP B fund balances to the following expenditure account: 284.5032.556100.20193 TSIP
B Tustin and Mayfair$77,800; and 3) Awarded the contract in the amount of$631,514.00
to JFL Electric, Inc., and authorized the Mayor and the City Clerk to execute on behalf of
the City.
3.19 Final Acceptance of Bid No. 145-20; Shaffer Street Storm Drain Improvement Project
performed by David Wasden, Inc.; and authorization to file the Notice of Completion
with the County Recorder. (No staff report required.) (A2100.0 Agr-6167)
ACTION: Accepted public work improvements,authorized release of Allegheny Casualty
Company of Pennsylvania, Bond No. 0671024 in the amount of $82,000.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
3.20 Final Acceptance of Bid No. 145-12; Reservoir No. 5 Rehabilitation performed by
Advanced Industrial Services and authorization to file the Notice of Completion with
the County Recorder. �No staff report required.) (A2100.0 Agr-6158)
ACTION: Accepted the completion of installation, authorized release of The Ohio
Casualty Insurance Company, Bond No. 024058962 in the amount of$756,900.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
3.21 Final Acceptance of Bid No. 145-27; OC&PT Wrought Iron Fence Installation
Project performed by Wolverine Fence Company, Inc.; and authorization to file the
Notice of Completion with the County Recorder. (No staff report required.) (A2100.0
Agr-6199)
ACTION: Accepted public work improvements, authorized release of Developers Surety
and Indemnity Company of Iowa, Bond No. 802621P in the amount of$59,995.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
PAGE 6
CITY COUNCIL MINUTES AUGUST 11, 2015
3. CONSENT CALENDAR(Continued)
3.22 Final Acceptance of Bid No. 145-31; Annual Concrete Replacement at Various
Locations Phase 2, FY 2014-2015 performed by CJ Concrete Construction,Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) (A2100.0 Agr-6210)
ACTION: Accepted public work improvements, authorized release of Westchester Fire
Insurance Company of Pennsylvania Bond No. K09131395 in the amount of$589,300.00
to the contractor on said job,and authorized the Mayor and City Clerk to execute the Notice
of Completion.
PERMITS
(ITEM REMOVED AND HEARD SEPARATELY)
3.23 Dirt Hauling Permit for KTGY Group, Inc. on behalf of Chapman University.
(P1300.0)
Discussion— City Traffic Engineer Jacki Scott provided a brief staff report and answered
Councilmember Alvarez's questions regarding the path the trucks will take and their
schedule in areas where there have been automobile and pedestrian accidents in the past.
City Traffic Engineer Scott stated that trucks will be staggered and limited during certain
hours; and staff will monitor and enforce the conditions of the permit. Staff will also reach
out to area schools to ensure there are no conflicts with the truck schedules and the time
that students get out of school.
Ken Ryan, KGTY Group, answered Councilmember Alvarez's questions regarding traffic
safety. He assured Council that all drivers and foremen will be made aware of any safety
issues.
MOTION — Smith
SECOND —Whitaker
AYES —Whitaker, Smith, Murphy,Nichols
ABSTAIN —Alvarez*
Moved to approve issuance of a dirt hauling permit for the project located on the west side
of Center St. between Sycamore Ave. and Walnut Ave. subject to the conditions
recommended by staff.
MINUTE ORDER—Councilmember Alvarez: "The reason I abstained on this item is that
at this point, I can't vote yes or no on it. I attended that scoping meeting and it's probably
for the first time that it seems as though Chapman is not reaching out,the way I would like
to see it, to the neighborhoods that are being impacted either by the students or the traffic
or the construction. And right now, I think that by doing this, in my mind, I hope that
somebody in the higher echelons of Chapman University will see that there is one
councilman that, for the first time in my first eight years in office and now my next three,
can't really support what they're doing at this time."
*NOTE — The City Attorney explained that Councilmember Alvarez's abstention is
officially recorded as a"Yes"vote.
PAGE 7
CITY COLJNCIL MINUTES AUGUST 11, 2015
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.24 RESOLUTION NO. 10876 (A4000.0)
NOTE: Councilmember Alvarez recorded a "No" vote for this item to remain consistent
with his previous vote on this issue.
A Resolution of the City Council of the City of Orange Approving Appeal No. 0539-15
from the Planning Commission Denial of the Conditional Use Permit No. 2960-14,thereby
permitting the sale of Alcoholic Beverages (Type 41 — Beer and Wine) at the Century
Movie Theatres, located at 1701 W. Katella Ave.
ACTION: Approved.
3.25 RESOLUTION NO. 10884 (P2500.0.9)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange Approving its Title VI Plan of the
Civil Rights Act to comply with Federal Transit Administration (FTA) funding for
construction of the Orange Metrolink Parking Structure.
ACTION: Approved.
3.26 RESOLUTION NO. 10885 (A2100.0 Agr-6254)
NOTE: Councilmember Alvarez recorded an abstention due to a nearby property interest.
A Resolution of the City Council of the City of Orange approving the award of contract
and authorizing the execution of a Professional Services Agreement with Convergint
Technologies for Bid No. 145-61 for the design and installation of the Metrolink Orange
Transportation Center Video Surveillance System.
ACTION: Approved Resolution 10885 and authorized the Mayor to execute and the City
Clerk to attest the agreement on behalf of the City.
MOTION —Murphy
SECOND — Whitaker
AYES —Alvarez, Whitaker, Smith, Murphy, Nichols
Councilmember Alvarez recorded a "No" vote on Item 3.24 and an abstention on Items
3.25 and 3.26. Item 3.23 was removed from the Consent Calendar and heard separately.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
* * * * * * * *
PAGE 8
CITY COUNCIL MINUTES AUGUST 11, 2015
4. REPORTS FROM MAYOR SMITH—None
5. REPORTS FROM COUNCILMEMBERS
51 Councilmember Alvarez: Report on mosquitos infected with West Nile Virus from
the Orange County Mosquito and Vector Control District.
Councilmember Alvarez reported that the first indication of West Nile Virus has been
detected in a sample of mosquitos collected in the City of Orange and the City of Tustin.
The District continues to conduct surveys and will treat areas that have tested positive for
the virus. On July 30, staff inet with the District to discuss a plan in order to stop the spread
of the virus. The City will continue to update the website with current information.
Mike Hearst,Orange County Vector Control District, spoke briefly on spraying techniques.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept the Resignation of Ernest Glasgow from the City Traffic Commission,
Effective Immediately; Post Vacancy Notice Pursuant to the Maddy Act.
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to accept the resignation of Ernest Glasgow from the City Traffic Commission
and post the Notice of Vacancy pursuant to the Maddy Act.
7. ADMINISTRATIVE REPORTS—None
8. REPORTS FROM CITY MANAGER—None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 06-15 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code, by adding Chapter 15.18 to provide an expedited, streamlined permitting
process for small residential rooftop solar systems. '
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 06-15 be read by title only and same was approved and adopted
by the preceding vote.
9. LEGAL AFFAIRS (Continued)
PAGE 9
CITY COUNCIL MINUTES AUGUST 11, 2015
9.2 ORDINANCE NO. 07-15 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1277-
15 Rezoning Properties in the portion of the Tustin-Chapman 2010 General Plan Land Use
Focus Area north of the intersection of Chapman Avenue and Tustin Street to Public
Facilities and Institutions to Establish Consistency with the Public Institutions and Yorba
North Commercial Overlay General Plan Land Use Designations and Zoning Classification
in Accordance with State Law.
Zone Change No. 1277-15
Applicant: City of Orange
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 07-15 be read by title only and same was approved and adopted
by the preceding vote.
9.3 ORDINANCE 08-15 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code to streamline the review process and clarify definitions and City standards
for duplexes, cottage food operations, auto brokers, senior housing and mixed used
development in commercial zones, multi-family development, bars and tattoo parlors in
mixed use zones, the entitlement process for alcohol sales at gas stations, and residential
parking requirements.
MOTION —Whitaker
SECOND —Nichols
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 08-15 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. PUBLIC HEARINGS—None
PAGE 10
CITY COUNCIL MINUTES AUGUST 1 l, 2015
12. ADJOURNMENT—The City Council adjourned at 8:45 p.m.
The next Regular City Council Meeting will be held on Tuesday, September 8, 2015, at
6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00 p.m., if
necessary.
�� � � �
�
M URPHY ERESA E. SMIT
CITY CLERK MAYOR
PAGE 11