03-11-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 8, 2014
CITY COUNCIL ORANGE, CALIFORNIA
MEETING MINUTES March 11, 2014
The City Council of the City of Orange, California convened on March 11, 2014, at 4:30 p.m.
in a Special Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SPECIAL MEETING SESSION
1. ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
2. ORAL COMMUNICATIONS - None
3. EMPLOYEE SERVICE AWARDS - Presented
4. ADJOURNMENT — The City Council adjourned at 4:55 p.m. to the Closed Session of
the Regular Meeting held on Tuesday March 11, 2014, at 5:00 p.m. in the Council
Chambers.
PAGE 1
CITY COUNCIL MINUTES
5:00 P.M. SESSION
1. ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
2. ORAL COMMUNICATIONS - None
March 11, 2014
3. RECESS TO CLOSED SESSION - the City Council recessed at 5:03 p.m.
a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9:
Case: Roberta La Fleur v. City of Orange
United States District Court Case No. 14 -CV -0188 AG(RNBx)
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City
Manager, and Mike Harary, Assistant Human Resources
Director
Employee Organizations: City of Orange Police Management Association and
City of Orange Police Association (COPA)
4. ADJOURNMENT — The City Council adjourned the Closed Session at 5:50 p.m.
The next session of the Regular City Council Meeting will be held on Tuesday March
11, 2014, at 6:00 p.m. in the Council Chambers.
PAGV 7
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Bob Burris, Taft Avenue Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa E. Smith
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of MADD Deuce Awards
March 11, 2014
Presentation of Retirement Resolution to Police Lieutenant Patrick Richard Thayer
Presentation of Retirement Resolution to Jose G. Maciel
Presentation of Retirement Resolution to Hector P. Velasquez
Presentation of Proclamation Recognizing the City's NMA Organization's 30`
Anniversary
Presentation by Southern California Gas Company
Presentation by Orange Public Library Foundation and Southern California Edison to
the Orange Public Library
Announcement of Memorial Adjournment for John Godlewski, former City of Orange
Planner and long -time Orange resident.
2. PUBLIC COMMENTS - R. Kevin Bossenmeyer spoke to Council about advertising
the "Walk for Kids" fundraiser event to benefit the Ronald McDonald House.
PACE
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
March 11, 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 February 6, 13, 20, and 27, 2014.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of February 11, 2014. (C2500.D.4)
NOTE: Councilmember Murphy noted an abstention on this item due to his not
being present at the meeting.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report, period ending January 31, 2014.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Four -year Agreement with the Orange International Street Fair, Inc. (OISF) for
production of the Orange International Street Fair. (Continued from February
11, 2014) (A2100.0 Agr- 1071.I)
Note: Mayor Smith recused herself due to her involvement with the Street Fair
and left the dais.
Discussion — Deputy City Manager Irma Hernandez gave the staff report and confirmed
for Councilmember Alvarez that a meeting with the merchants and property owners
affected by the Street Fair will be conducted in June or July.
Council confirmed the direction given to staff on determining the electrical costs for
reimbursement and agreed to add the word "utilities" to Section 2.5 of the agreement
for reimbursement of costs.
Speaker — Adam Feliz, OISF President, spoke on OISF's need for the agreement to be
approved to go forward with planning the Fair.
PACP 4
CITY COUNCIL MINUTES March 11, 2014
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Murphy, Bilodeau
ABSTAINED (RECUSED) — Smith
Moved to approve agreement with the addition of the word "utilities" to Section 2.5;
and authorize the Mayor and City Clerk to execute on behalf of the City.
3.6 Agreement with Granger Construction, Inc. for Installation of a Ridge Beam and
Roof on the Hart Park Picnic Shelter, in the amount of $31,948.80. (A2100.0 Agr -
6079)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.7 Lease Agreement with Ruby's Diner Orange Depot, LLC, to operate Ruby's Diner
at the Santa Fe Depot Building at 186 North Atchison Street. (A2100.0 Agr -6080)
Note: Mayor pro tem Whitaker recused himself due to a potential conflict with his
employment and left the dais.
Discussion — Economic Development Department Project Coordinator Aaron Schulze
responded to questions from Council on the restaurant's sales and lease terms. Ideas
were given on assisting with advertising the business.
MOTION - Alvarez
SECOND - Smith
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSTAINED (RECUSED) —Whitaker
Moved to approve the lease agreement and authorize the Mayor and City Clerk to
execute on behalf of the City.
3.8 Second Amendment to Agreement with Orange Sunrise Rotary for use of the
Orange Plaza for the Annual Car Show on April 13, 2014. (A2100.0 Agr - 5541.2)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.9 Agreement with Tele- Works, Inc. to provide Utility Billing services, in an amount
not -to- exceed $90,000.00. (A2100.0 Agr -6081)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
PAGF. 5
CITY COUNCIL MINUTES March 11, 2014
3. CONSENT CALENDAR (Continued)
3.10 Third Amendment to Agreement with Chapman University for Local Cable
Programming. (A2100.0 Agr- 5689.3)
ACTION: 1) Authorized the Mayor and City Clerk to execute the agreement on behalf
of the City; and 2) Appropriated $25,000.00 from Account No. 130.0000.41160.20067
(PEG Program Revenues) to Account No. 130.0000.51700.20067 (Contractual Services
for PEG Program) to cover the FY 2013 -14 costs associated with the Chapman
Agreement. The remainder $175,000.00 will be budgeted in the FY 2014 -15 and FY
2015 -16 budget process.
APPROPRIATIONS
3.11 Appropriation of Donation from the Orange Public Library Foundation (OPLF)
of $9,848.84. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $9,848.84 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) $ 500.00
100.2004.55131.19322 - OPLF (Furniture, Machinery, Equip) $8,143.84
100.2017.51670.19322 - OPLF (Other professional & consulting services) $ 450.00
100.2017.55131.19322 - OPLF (Furniture, Machinery, Equip) $ 755.00
$9,848.84
3.12 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.H)
ACTION: 1) Accepted into the City's revenue budget a $25,503.08 grant payment
from Rancho Santiago Community College District, into revenue Account No.
100.3023.48210.20174 (Santa Ana College Training FY13 -14); and 2) Authorized the
appropriation of $25,503.08 into expenditure Account No. 100.3023.51840.20174
(Santa Ana College Training FYI 3 -14).
BIDS
3.13 Bid No. 134 -21; FY 2013 -14 Community Development Block Grant (CDBG)
Project — Americans with Disabilities Act (ADA) Wheelchair Access Ramps at
Various Locations. Approval of plans and specifications and request for
authorization to advertise for bids. (S4000.S.3.2)
ACTION: Approved plans and specifications and authorized advertising for bids for
the FY 2013 -14 CDBG ADA Wheelchair Access Ramps at Various Locations.
PAC.F.6
CITY COUNCIL MINUTES March 11, 2014
3. CONSENT CALENDAR (Continued)
3.14 Bid No. 134 -22; Annual Pavement Maintenance at Various Locations, Fiscal Year
2013 -2014. Approval of plans and specifications and authorization to advertise
for bids. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Annual Pavement Maintenance Project at Various Locations, FY 2013 -14.
3.15 Rejection of all Bids — Bid No. 134 -18; Hart Park and Stacey Lee Lane Sewer Lift
Station Rehabilitation Project. (C2500.M.3)
ACTION: Rejected all bids received and authorized the re- advertisement of this
project.
3.16 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. County of Orange
b. Hsiuling L. Hu
C. Jonathan Hu
d. Ruben Munoz, Jr.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.17 Award of Contract: Bid No. 134 -11; Chapman Avenue Improvement Project.
(A2100.0 Agr -6082)
ACTION: Awarded the contract in the amount of $340,850.00 to Bannaoun Engineers
Constructors Corporation of Chatsworth, CA and authorized the Mayor and City Clerk
to execute on behalf of the City.
3.18 Final Acceptance of Bid No. 134 -02; Street Improvements: Citrus Street,
Fairmont Street, Birch Avenue, Parker Street, Clark Street, Grand Street, Toluca
Avenue, River Avenue and Orange Street; FY 2012 -13 performed by Hardy &
Harper, Inc.; and authorization to file the Notice of Completion with the County
Recorder. (No staff report required.) (A2100.0 Agr -6035)
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0628811 in the amount of
$808,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
Par.F, 7
CITY COUNCIL MINUTES March 11, 2014
3. CONSENT CALENDAR (Continued)
3.19 Final Acceptance of Bid No. 123 -37; Rancho Santiago Blvd. Bike Trail
Rehabilitation Project performed by Ben's Asphalt, Inc.; and authorization to file
the Notice of Completion with the County Recorder. (No staff report required.)
(A2100.0 Agr -6059)
ACTION: Accepted public work improvements, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08739254 in the amount of $13,200.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
RESOLUTIONS
3.20 RESOLUTION NO. 10769 (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.
3.21 RESOLUTION NO. 10770 (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.
3.22 RESOLUTION NO. 10771 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2011 -04 merging two lots of certain real properties situated at 1213 and 1221
W. Palmyra Avenue, in the City of Orange, County of Orange, State of California.
ACTION: Approved.
3.23 RESOLUTION NO. 10772 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Amending the Memorandum of
Understanding Between the City of Orange and the Orange City Firefighters, Local
2384 of the International Association of Firefighters, AFL -CIO Relating to Holiday
Pay and Holiday Pay in Lieu of Time Off.
ACTION: Approved.
PAGF. 9
CITY COUNCIL MINUTES March 11, 2014
3. CONSENT CALENDAR (Continued)
3.24 RESOLUTION NO. 10773 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2013 -02 adjusting the lot line between two lots of certain real properties
situated at 206 West Almond Avenue, in the City of Orange, County of Orange, State
of California.
ACTION: Approved.
3.25 RESOLUTION NO. 10774 (C2500.K)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Lieutenant Patrick Richard Thayer for Twenty Seven years of loyal and dedicated
service.
ACTION: Approved.
SPECIAL EVENTS
3.26 Special Event Permit with Spectrum Sports for a Disney Half- Marathon on
Sunday, November 16, 2014. (P1300.0.9)
ACTION: Authorized the closure of Chapman Avenue westbound lanes at City
western limit to Lewis Street; Lewis Street from Chapman Avenue to Garden Grove
Blvd.; and Garden Grove Blvd. from Lewis Street to the City limit boundary at the
Santa Ana riverbed, pursuant to Orange Municipal Code § 12.58.015.
MOTION - Murphy
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Councilmember Murphy abstained on Item 3.2 due to his not being present at the
meeting. Item 3.5 and 3.7 were removed and heard separately. Mayor Smith recused
herself on Item 3.5 due to involvement with the Street Fair; and Mayor pro tem
Whitaker recused himself on Item 3.7 due to a potential conflict with his employment.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS - None
PACF. 0
CITY COUNCIL MINUTES March 11, 2014
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Award of Contract — Bid No. 134 -09; Construction of the New Marywood Pump
Station. (A2100.0 Agr -6072)
Note: The Public Works Director requested this item be removed from the agenda.
MOTION - Smith
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to remove this item from the agenda.
8. REPORTS FROM CITY MANAGER — City Manager John Sibley announced a FY
2014 -15 Budget Study Session will be held on March 25 in the Weimer Room to discuss
departments' work plans and projected revenues and expenditures.
He also gave the Council an update on the recruitment for Finance Director, Community
Development Director, and the Building Official.
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY - None
11. ADJOURNMENT — The City Council adjourned at 7:35 p.m. in memory of John
Godlewski, former City of Orange Planner and long -time Orange resident.
The next Special City Council Meeting will be held on Tuesday, March 25, 2014, at 5:00 p.m.
in the Weimer Room for a FY 2014/15 Budget Study Session.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a special and a
regular meeting of March 11, 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.
P,
ROB kT ZORNADO
C14IEF CLERK
TERESA E. MITH
MAYOR
Par.F. in