08-12-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 2014
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 12, 2014
The City Council of the City of Orange, California convened on August 12, 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 - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
2. ORAL COMMUNICATIONS —None
3. RECESS TO CLOSED SESSION — The City Council recessed to a Closed Session at
5:05 p.m.
a. Conference with Legal Counsel — Existing Litigation pursuant to Government
Code Section 54956.9:
Case: Lindsay v. City of Orange, et al.
United States District Court Case No. 14 -CV -00932
4. ADJOURNMENT — At 5:30 p.m., the City Council adjourned the Closed Session to
its Regular Meeting at 6:00 p.m. on Tuesday August 12, 2014, in the Council
Chambers.
Page 1
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Assistant Pastor Dave Johnson, Calvary Chapel Old Towne.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
August 12, 2014
Presentation by the Orange Barrio Historical Society to the Orange Public Library.
Mayor Smith announced the Wednesday evening Concerts in the Park series at Hart Park.
2. PUBLIC COMMENTS — None
PAGE 2
CITY COUNCIL MINUTES August 12, 2014
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 8, 10, 17, 22, 24, and 29, 2014.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 8, 2014. (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, 2014. (C2500.F)
ACTION: Received and Filed.
APPROPRIATIONS
3.5 Appropriation of Funds Received from Santa Ana College for Fire Department
Training. (C2500.H)
ACTION: 1) Accepted into the City's revenue budget a $19,793.23 grant payment
from Rancho Santiago Community College District, into revenue Account No.
100.3023.48210.20174 (Santa Ana College Training); and 2) Authorized the
appropriation of $19,793.23 into expenditure Account No. 100.3023.51840.20174
(Santa Ana College Training).
PAGE 3
CITY COUNCIL MINUTES August 12, 2014
3. CONSENT CALENDAR (Continued)
3.6 Appropriation of Designated Grant Funding Received from the California
Department of Resources Recycling and Recovery (CalRecycle) for the Oil
Payment Program and Beverage Container Recycling Program. (C2500.M.1.1)
ACTION:
1) Accepted into the City's
revenue budget $75,849.00 in grants from CalRecycle
and
appropriated it into the following Revenue Accounts:
220.5022.45290.20229
Beverage Container Recycling 13 -14
$36,417
220.5022.45290.20206
Oil Payment Program Cycle 4 13 -14
$39,432
2) Authorized appropriation of
$75,849.00 into the following Expenditure Accounts:
220.5022.51001.20229
Bev. Container Recycling 13 -14 — Contract Services
$29,500
220.5022.53001.20229
Bev. Container Recycling 13 -14 — Materials & Supplies
$ 6,917
220.5022.50002.20206
Oil Payment Prg. Cycle 4 13 -14 — Salaries & Benefits
$ 8,000
220.5022.51001.20206
Oil Payment Prg. Cycle 4 13 -14 — Contractual Serv.
$20,000
220.5022.53001.20206
Oil Payment Prg. Cycle 4 13 -14 — Materials & Supplies
$11,432
BIDS
3.7 Bid No. 145 -10; Approval of plans and specifications, and authorization to
advertise for bids for construction of 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. (54000.5.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG FY 13 -14 Street Improvement Projects.
3.8 Bid No. 145 -12; Reservoir No. 5 Rehabilitation; Approval of plans and
specifications and authorization to advertise for bids. (C2500.P.3)
ACTION: Approved plans and specifications and authorized advertising for bids for
Reservoir No. 5 Rehabilitation.
3.9 Rejection of all Bids - Bid No. 145 -14; Orange Children & Parents Together
Wrought Iron Fence Installation Project. (C2500.M)
ACTION: Rejected all bids received and authorized the re- advertisement of the
project.
3.10 Rejection of all Bids - Bid No. 145 -11; Water Yard Security Gate Improvement
Project. (C2500.M)
ACTION: Rejected all bids received and authorized the re- advertisement of the
project.
PAGE 4
CITY COUNCIL MINUTES August 12, 2014
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.11 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.
NOTE: Councilmember Alvarez recused himself on this item due to a personal
relationship, and left the dais.
PUBLIC SPEAKER: Lambert Avellana asked Council to approve his claim, Item C.
a. Mary Lou Taylor
b. Nina Lueras
c. Lambert Avellana
d. Robert Schaal
MOTION - Smith
SECOND - Murphy
AYES - Whitaker, Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Alvarez
Moved to deny Claim(s) for damages on all items, and referred to City Attorney and
Adjuster.
CONTRACTS
3.12 Award of Contract - Bid No. 145 -01; Asphalt Replacement at Various Locations,
FY 14 -15. (A2100.0 Agr -6141)
ACTION: Awarded a contract in the amount of $697,000.00 to R J Noble Company
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.13 Final Acceptance of Bid No. 134 -27; Vista Ridge Drive drainage and Street
Improvement Project performed by PTM General Engineering Services, Inc. and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6098)
NOTE: Councilmember Bilodeau abstained on this item due to his nearby residence.
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0638677, in the amount of
$94,040.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
PAGE 5
CITY COUNCIL MINUTES August 12, 2014
3. CONSENT CALENDAR (Continued)
3.14 Final Acceptance of Bid No. 134 -21; ADA Wheelchair Access Ramps Various
Locations FY 2013 -2014 performed by Naka Engineering Contractors; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6097)
ACTION: Accepted public work improvements, authorized release of Western Surety
Company of South Dakota, Bond No. 71546747, in the amount of $62,000.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.15 Final Acceptance of Bid No. 134 -28; Fire Station 4 and 7 Fiber Optic Installation
Project performed by Stateside Services, Inc.; and authorization to file the Notice
of Completion with the County Recorder. (No staff report required (A2100.0
Agr -6099)
ACTION: Accepted public work improvements, authorized release of Indemnity
Company of California, Bond No. 784985P, in the amount of $32,486.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.16 Final Acceptance of Bid No. 134 -11; Chapman Avenue Improvement Project
performed by Bannaoun Constructors Corporation; and authorization to file the
Notice of Completion with the County Recorder. (No staff report required
(A2100.0 Agr -6082)
ACTION: Accepted public work improvements, authorized release of SureTec
Insurance Company in the State of Texas, Bond No. 5176742, in the amount of
$340,850.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.17 Final Acceptance of Bid No. 134 -10; Sewer Line Replacement Project FY 2013-
2014 performed by Ramona, Inc. and authorization to file the Notice of
Completion with the County Recorder. (No staff report required
(A2100.0 Agr -6074)
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0567298, in the amount of
$694,025.00 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 12, 2014
3. CONSENT CALENDAR (Continued)
GRANTS
3.18 Grant No. PT1515 from the State of California Office of Traffic Safety (OTS) for
the Selective Traffic Enforcement Program, Federal Fiscal Year 2015. (A2100.0
Agr- 5117.G)
ACTION: 1) Approved agreement with the State of California OTS for the grant and
authorized the City Manager to execute on behalf of the City; 2) accepted into the
City's revenue budget a $244,897.00 grant from the California OTS into revenue
Account No. 100.4041.45290.30002 (General Fund -FY 15 OTS Selective Enforcement
Program); and 3) authorized the appropriation of $244,897.00 into the following Traffic
Program expenditure accounts:
100.4041.50221.30002.0005
$101,088
100.4041.50222.30002.0005
$
25,271
100.4041.50221.30002.0006
$
3,071
100.4041.50221.30002.0007
$
43,191
100.4041.50221.30002.0066
$
15,356
100.4041.50221.30002.0067
$
4,757
100.4041.50221.30002.0068
$
16,380
100.4041.50221.30002.0070
$
17,062
100.4041.51840.30002.0000
$
3,000
100.4041.55131.30002.0000
$
15,721
Overtime - Safety DUI Checkpoints
Overtime- Non - Safety DUI checkpoints
Overtime- Safety Warrant Servicing
Overtime- Safety DUI Saturations
Overtime - Safety Traffic Enforc. Operations
Overtime- Safety Motorcycle Safety Operations
Overtime- Safety Distracted Driving Operations
Overtime - Safety DRE Training & Certification
Local Training
Equipment
PURCHASES
(REMOVED AND HEARD SEPARATELY)
3.19 Purchase of Fourteen Public Safety Vehicles for Orange Police Department and
Orange Fire Department for a total expenditure of $532,709.64. (C2500.K)
NOTE: Councilmember Murphy recused himself on this item due to employment, and
left the dais.
DISCUSSION: In response to a question from Mayor Smith, Chris Saxe, Deputy
Director, Public Works responded that the low bid came from outside the City of
Orange as the City does not have a Dodge dealership and, after testing, the Dodge
vehicles were the Police Department's choice.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Bilodeau
ABSENT (RECUSED) - Murphy
PAGE 7
CITY COUNCIL MINUTES August 12, 2014
3. CONSENT CALENDAR (Continued)
Moved to:
1) Authorize the purchase of eleven Police Patrol Vehicles from McPeek Dodge,
Anaheim, CA, in the amount of $ 328,264.97;
2) Award contract for building /outfitting eleven Police Patrol Vehicles to Hi Standard,
Orange, CA, in the amount of $ 99,525.20;
3) Authorize the purchase of one Utility Pickup Truck from National Auto Fleet
Group (National Joint Powers Alliance) Watsonville, CA, in the amount of
$51,093.81;
4) Authorize the purchase of two sport utility vehicles from Ford of Orange, Orange,
CA, in the amount of $ 53,825.66; and
5) Authorize the City Manager to surplus the replaced vehicles.
RESOLUTIONS
3.20 RESOLUTION NO. 10790 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Police Management
Association Concerning Wages, Hours, and Other Terms and Conditions of
Employment Effective July 1, 2013 through June 30, 2015 and Repealing Resolution
No. 10351 and Amendments Thereto for Said Employees.
ACTION: Approved.
3.21 RESOLUTION NO. 10811 (C2500.D)
A Resolution of the City Council of the City of Orange Expressing Support for
Proposition 13.
ACTION: Approved.
3.22 RESOLUTION NO. 10812 (S4000.S.4)
A Resolution of the City Council of the City of Orange Removing A Portion of Center
Street From the City Street System.
ACTION: Approved.
MOTION - Bilodeau
SECOND -Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Item 3.11 and 3.19 were removed and heard separately. Item 3.11 Councilmember
Alvarez abstained due to a personal relationship. Item 3.13 Councilmember Bilodeau
abstained due to his nearby residence. Item 3.19 Councilmember Murphy abstained
due to employment. All other items were approved as recommended.
END OF CONSENT CALENDAR
PAGE 8
CITY COUNCIL MINUTES August 12, 2014
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS
5.1 Mayor pro tem Whitaker - Request that the Council consider the adoption of a Civic
Openness in Negotiations (COIN) Ordinance. (C2500.D)
PUBLIC SPEAKER - Matthew Cunningham spoke in favor of a COIN Ordinance.
DISCUSSION — Mayor pro tern Whitaker explained this would create more transparency in
employee negotiations, possibly providing more information to the public on offers, counter
offers, financial aspects and discussions.
Council discussed concerns including the fact that there are already laws that govern
negotiations and this could prolong the process and increase costs. It was also discussed that
there are several versions of a COIN ordinance throughout Orange County, and that a matrix
would be helpful to see the various options available, including what has been done in other
cities, an analysis of pros and cons, financial aspects, and timelines.
Council directed the City Attorney to return with a matrix of options for the September 9,
2014, City Council meeting.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER
8.1 City Manager recommendation to establish a two member Council subcommittee to
meet with the Washington /Hamlin neighborhood and the applicant to discuss issues related to
a potential development project in this area.
NOTE: The City Manager withdrew his request for the establishment of a subcommittee at
this time.
PUBLIC SPEAKERS: Rubin Garnica spoke against any development. Kimberley Johnson
spoke in favor of allowing the community to be part of the process.
PAGE 9
CITY COUNCIL MINUTES August 12, 2014
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager announced the City of Orange Fire Department has three engines in
northern California helping fight fires in that part of the State.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 01 -14 (SECOND READING) (A2500.0 Ord -01 -14 Noise
Ordinance)
An Ordinance of the City Council of the City of Orange Approving an Amendment to Chapter
8.24 of the Orange Municipal Code to Update the City's Noise Ordinance to be Consistent
with the 2010 General Plan Noise Element.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 01 -14 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 03-14 (FIRST READING) (A2500.0 Ord -03 -14 Sex Offenders)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange
Municipal Code Regarding Registered Sex Offenders.
DISCUSSION — It was noted that through a negotiation process, the City Attorney was able to
bring a more strict Ordinance back to Council, maintaining certain elements that had been
deleted previously.
A majority of the Council reluctantly agreed to adopt this Ordinance to settle a lawsuit.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 03 -14 be read by title only and same was set for second reading by
the preceding vote.
PAGE 10
CITY COUNCIL MINUTES August 12, 2014
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY — None
11. ADJOURNMENT — The City Council adjourned at 7:15 p.m.
The next Regular City Council Meeting will be held on Tuesday September 9, 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 August 12, 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 regula meeting; and available at the Civic Center City Clerk's Office.
C'
M URPHY
TTY CLERK
Lye-,
TERESA E. SMITH
MAYOR
PAGE 11