10-14-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 25, 2014
CITY COUNCIL
MEETING MINUTES
ORANGE, CALIFORNIA
October 14, 2014
The City Council of the City of Orange, California convened on October 14, 2014, at 5:00 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
5:00 P.M. SESSION
1. ROLL CALL
PRESENT - Whitaker, Murphy, Bilodeau
ABSENT - Alvarez, Smith
2. ORAL COMMUNICATIONS - None
3. RECESS TO CLOSED SESSION
a. Conference with Legal Counsel — Existing Litigation pursuant to Government
Code Section 54956.9(a):
Case: Batarseh v. City of Orange
Orange County Superior Court Case No. 30 -2013- 00686822
Case: City of Orange v. County of Orange, et. al.
Orange County Superior Court Case No. 30 -2010- 00338820 CU- TT -CXC
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
Proposed 2014 City Hall Holiday Closure:
City Negotiators: Human Resources /Employee Relations Director Steven Pham
and Assistant Human Resources Director Mike Harary
Employee Organizations: All Bargaining Units
4. ADJOURNMENT — The City Council adjourned the Closed Session at 5:50 p.m. to its
Regular City Council Meeting on Tuesday October 14, 2014, at 6:00 p.m. in the Council
Chambers.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Teresa E. Smith
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT -None
OCTOBER 14, 2014
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith introduced Boy -Scout Troop 942 from the Church of Latter Day Saints; and
students from Orange Lutheran High School Government class who were in the audience.
Presentation of Proclamation for National Friends of Libraries Week
Presentation by the Orange Public Library Foundation to the Orange Public Library
Presentation of a Certificate of Appreciation to the City of Orange for their support of
Osher Life Learning Center (OLLI).
Introduction of 2014 Miss Orange contestants.
Announcement of a Memorial Adjournment for Dr. Charles Theodore Levitan, honoring
a 36 year career serving the residents of Orange.
2. PUBLIC COMMENTS
Gloria Jaramillo — Asked Council to consider the recommendations she made in July for
better communication between the City and the residents.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
OCTOBER 14, 2014
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 11, 18, 25, and October 2, 2014.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of September 9, 2014. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with Major League Softball, Inc. for Ball Field Maintenance and Adult
Softball Program Services. (A2100.0 Agr- 3473.D)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.5 Lease Agreement with Verizon Wireless for a Wireless Antenna at El Modena Park.
(A2100.0 Agr -6154)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
APPROPRIATIONS
3.6 Appropriation of $45,593.00 from the Unreserved General Fund to pay the City of
Orange's Proportional User Share Costs for the Orange County Automated
Fingerprint Information System through June 30, 2015. (C2500.K)
ACTION: Authorized the appropriation of $45,593.00 from General Fund unreserved
fund balance to Expenditure Account No. 100.4034.51680.0000, (General Fund -
Lab /Property -Other Contractual Services).
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CITY COUNCIL MINUTES OCTOBER 14, 2014
3. CONSENT CALENDAR (Continued)
3.7 Appropriation of Donation from the Orange Public Library Foundation (OPLF) in
the amount of $33,545.00. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $33,545.00 donation into revenue
Account No. 100.2001.48390.19322 (Library Foundation Donations); and 2)
Appropriated the donation into the following expenditure accounts:
100.2001.53301.19322 - OPLF (Book Budget) $12,000.00
100.2016.51670.19322 - OPLF (Other professional & consulting services) $7,700.00
100.2016.53910.19322 - OPLF (Minor Office Equipment) $3,345.00
100.2016.55131.19322 - OPLF (Furniture, Machinery, Equip) $10,000.00
100.2017.51670.19322 - OPLF (Other professional & consulting services) $500.00
$33,545.00
BIDS
3.8 Bid No. 145 -21; Approval of Plans and Specifications, and Request Authorization to
Advertise for Bids for Installation of Network Cabling for Civic Center
Administration, Public Works, Community Services, Corporation Yard Fleet, and
other City Off - Campus Buildings Project. (C2500.M)
NOTE: Councilmember Murphy abstained due to a potential conflict with employment.
ACTION: Approved plans and specifications and authorized advertising for bids for
installation of network cabling for Civic Center Administration, Public Works,
Community Services, Corporation Yard Fleet, and other City off - campus buildings
Project.
3.9 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. Kara Harty
b. Kirk Harty
c. Emerenciana Pahuamba Sanchez
d. Progressive Insurance subrogee for Ashlei Peckels
e. Daniel Jameson
f. Martha Carrillo
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES OCTOBER 14, 2014
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.10 Award of Bid No. 145 -10; FY 2013 -14 Community Development Block Grant
(CDBG) Street Improvement Projects: Palm Avenue, James Street, Victoria Drive,
Shirley Drive, Malena Drive, Bennett Avenue, and Sherman Avenue Improvements.
(A2100.0 Agr -6155)
ACTION: 1) Awarded the contract in the amount of $761,656.21 to RJ Noble Company
and authorized the Mayor and City Clerk to execute on behalf of the City; and 2)
Approved the transfer of funds among the following accounts:
From To Amount
CDBG 310.9645.57130.11070 CDBG Contingency 310.9645.56330.20195 (Palm) $35,000.00
CDBG 310.9645.57130.11070 CDBG Contingency 310.9645.56330.20196 (James) $14,100.00
310.9645.56330.20197
CDBG 310.9645.57130.1 1070 CDBG Contingency (Victoria) $3,200.00
CDBG 310.9645.57130.11070 CDBG Contingency 310.9645.56330.20198 (Shirley) $2,300.00
CDBG 310.9645.57130.11070 CDBG Contingency 310.9645.56330.20199 (Malena) $22,400.00
Total $77,000.00
3.11 Award of Bid No. 145 -15, SP -3886; Roof Coating at Fire Headquarters. (A2100.0
Agr -6156)
ACTION: Awarded the contract in the amount of $34,750.00 to Best Contracting
Services, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City.
3.12 Award of Bid No. 145 -16; Roof Coating at Senior Center. (A2100.0 Agr -6157)
ACTION: Awarded the contract in the amount of $43,339.00 to Wiltshire Urethane
Foam Company, and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.13 Award of Contract - Bid No. 145 -12; Reservoir No. 5 Rehabilitation. (A2100.0 Agr -
6158)
ACTION: 1) Authorized the appropriation of $42,000.00 from the Water Fund
Unreserved Fund Balance to Account No. 600.8041.56440.18302, (Reservoir Recoating);
and 2) Awarded a contract in the amount of $832,590.00 to Advanced Industrial
Services, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14 Award of Contract — Bid No. 145 -17; Annual Concrete Replacement at Various
Locations Phase 1, Fiscal Year 2014 -15. (A2100.0 Agr -6159)
ACTION: Awarded a contract in the amount of $195,000.00 to C.J. Construction, Inc.,
and authorized the Mayor and the City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES OCTOBER 14, 2014
3. CONSENT CALENDAR (Continued)
DEEDS
3.15 Quitclaim of an old Santa Ana Irrigation Company Easement at 1538 East Santa
Ana Canyon Road. (D4000.0)
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Sayuri
and Lissette Gomez.
PURCHASES
3.16 Purchase of two Public Safety Vehicles for Orange Fire Department from Braun
Industries in the amount of $532,751.04. (C2500.H)
NOTE: Councilmember Murphy abstained due to a potential conflict with employment.
ACTION: Approved the purchase and authorized the City Manager to surplus the
replaced vehicles.
RESOLUTIONS
3.17 RESOLUTION NO. 10818 (T2200.0)
A Resolution of the City Council of the City of Orange Approving the Submittal of
Transportation Improvement Projects to the Orange County Transportation Authority
(OCTA) for Funding under the Renewed Measure M (M2) of the Comprehensive
Transportation Funding Program.
ACTION: 1) Approved Resolution No. 10818; and 2) Approved the submittal of the
three proposed transportation improvement projects to the Comprehensive Transportation
Funding Program for Fiscal Years 2014/15 through 2016/17 as administered by OCTA.
3.18 RESOLUTION NO. 10819 (T2200.0)
A Resolution of the City Council of the City of Orange Approving the Submittal of
Transportation Improvement Projects to the Orange County Transportation Authority
(OCTA) for Funding under the Arterial Pavement Management Program Funded with
Regional Surface Transportation Program under the Moving Ahead for Progress in the
21 Century Federal Transportation Act.
ACTION: 1) Approved Resolution No. 10819; and 2) Approved the submittal of the two
proposed transportation improvement projects to the Arterial Pavement Management
Program for Fiscal Years 2015/16 as administered by OCTA.
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CITY COUNCIL MINUTES OCTOBER 14, 2014
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 10820 (C2500.J)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Sue
Campbell and Commending her for Twenty -Three Years of Loyal and Dedicated Service.
ACTION: Approved.
3.20 RESOLUTION NO. 10821 (R3500.0.10.A)
A Resolution of the City Council of the City of Orange Adopting Tax - Advantaged Bonds
Post - Issuance Compliance Procedures.
ACTION: Approved.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker Smith, Murphy, Bilodeau
Item 3.8 and Item 3.16, Councilmember Murphy abstained due to a potential conflict
with employment. All items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation of Joe Woollett from the Design Review Committee, effective
immediately, and instruct the City Clerk to post the "Maddy Act" vacancy notice.
Mayor Smith asked staff to prepare a proclamation honoring Mr. Woollett for his service
to the Design Review Committee and the City.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to accept the resignation of Joe Woollett and post the Notice of Vacancy.
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CITY COUNCIL MINUTES OCTOBER 14, 2014
7. ADMINISTRATIVE REPORTS
7.1 RESOLUTION NO. SAORA -017 (A2100.0 Agar -6160; 6161)
A Resolution of the City Council of the City of Orange, Acting as the Legislative Body
of the Successor Agency to the Orange Redevelopment Agency Authorizing the
Execution and Delivery of an Official Statement for the Successor Agency's Tax
Allocation Refunding Bonds and Other Actions in Connection with the Sale of Such
Bonds.
Lisa Kim gave the staff report. In response to a question from Councilmember Bilodeau,
Lisa Kim explained that Redevelopment bonds were sold for capital projects. These new
bonds will pay off existing bonds at terms more favorable to the City.
MOTION - Alvarez
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to: 1) Approve Resolution No. SAORA -017;
2) Approve the Successor Agency's execution and delivery of the Official Statement, the
Bond Purchase Agreement, the Escrow Agreement and the Continuing Disclosure
Certificate (collectively, the "Documents "), in substantially the form attached; and
3) Authorize the Mayor (or, in the Mayor's absence, the Mayor pro tem) and the City
Manager, who is appointed as the Executive Director of the Successor Agency to execute
the documents in the name and on behalf of the Successor Agency.
8. REPORTS FROM CITY MANAGER
8.1 Budget Update for Fiscal Years 2014 and 2015.
Assistant City Manager Rick Otto gave the staff report, noting that for the FY 2013 -14,
revenues exceeded projections and expenditures were lower than projected; and FY 14-
15 was already more positive than projected. In response to a question from Mayor
Smith, Rick Otto explained the City currently has 40 frozen employment positions.
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to receive and file.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS
OCTOBER 14, 2014
9.1 ORDINANCE NO. 05 -14 (SECOND READING) (A2500.0 Ord -05 -14 Water
Conservation)
An Ordinance of the City Council of the City of Orange Establishing a Water
Conservation and Water Supply Shortage Program and Regulations thereto.
MOTION - Alvarez
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 05 -14 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
11.1 DEVELOPMENT AGREEMENT WALTON /GREENLAW CITY PLAZA
HOLDINGS VI, LLC (A2100.0 Agr- 4545.W)
Time set for a public hearing to consider approval of an Amended and Restated
Development Agreement with Walton /Greenlaw City Plaza Holdings VI, LLC that will
have the effect of extending vested rights of up to six (6) years to develop a 19- story,
360,000 square foot office building and a 6 -level parking structure located north of
Metropolitan Drive and East of Lewis Street at One City Blvd. West.
THE MAYOR OPENED THE PUBLIC HEARING
Don Lamb, representing the Applicant, asked Council to approve the restated
development agreement.
THE MAYOR CLOSED THE PUBLIC HEARING
ORDINANCE NO. 7 -14 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving an Amended and
Restated Development Agreement No. 0002 -14 by and between the City of Orange and
Walton /Greenlaw City Plaza Holdings VI, LLC, for the Development Project Known as
the "City Plaza Two" located North of Metropolitan Drive and East of Lewis Street at
One City Blvd. West.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 07 -14 be read by title only and same was set for second
reading by the preceding vote.
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CITY COUNCIL MINUTES OCTOBER 14, 2014
11. PUBLIC HEARINGS (Continued)
11.2 DEVELOPMENT AGREEMENT ORANGE COUNTY HEALTH AUTHORITY
(A2100.0 Agr- 4545.00)
Time set for a public hearing to consider approval of an Amended and Restated
Development Agreement with the Orange County Health Authority that will have the
effect of extending vested rights of up to six (6) years to develop a 10- story, 200,000
square foot office building and a 5 -level parking structure located on the southeast corner
of Lewis Street and City Parkway West.
NOTE: Councilmember Bilodeau recused himself due to a potential conflict with his
employment; and left the dais.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
ORDINANCE NO. 06 -14 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving an Amended and
Restated Development Agreement No. 0001 -12 by and between the City of Orange and
Orange County Health Authority for the Development Project known as the "605
Building Site" located on the Southeast Corner of Lewis St. and City Parkway West.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy
ABSENT (RECUSED)- Bilodeau
Moved that Ordinance No. 06 -14 be read by title only and same was set for second
reading by the preceding vote.
12. ADJOURNMENT
Mayor Smith announced that the annual Treats in the Streets event will be held on
Thursday, October 30, 2014. The event will run 4:00 p.m. to 7:00 p.m. at the Plaza.
The Veterans Day tribute will be Tuesday, November 11, 2014 at 2:00 p.m. at Veterans
Park.
The Mayor Prayer Breakfast will be Thursday October 16, 2014 at the Doubletree Hotel
in Orange.
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CITY COUNCIL MINUTES
12. ADJOURNMENT (Continued)
OCTOBER 14, 2014
The City Council adjourned at 7:10 p.m. in memory of Dr. Charles Theodore Levitan,
Honoring a 36 year career serving the residents of Orange.
The Regular November 12, 2014 Council Meeting will be cancelled due to a lack of
quorum.
The next Adjourned Regular City Council Meeting will be held on Tuesday November
25, 2014, at 6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00
p.m., if necessary.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular
meeting of October 14, 2014 at Orange Civic Center kiosk, Police facility at 1107 North Batavia,
and the Main Public Library at 407 E. Chapman; all of said locations being in the City of Orange
and freely accessible to members of the public at least 72 hours before commencement of said
regular meeting; and available at the Civic Center City Clerk's Office.
M MURP Y
ITY CLERK
1 -111-1
Ct a c, 1 p. Az��
TERESA E. SMITH
MAYOR
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