Council Minutes 08/27/13APPROVED BY THE CITY COUNCIL ON SEPTEMBER 10, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 27, 2013
The City Council of the City of Orange, California convened on August 27, 2013, 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. OPENING
1.1 INVOCATION
Given by Pastor Rick Rzeszewski, Orange Coast Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred M. Whitaker
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Congresswoman Loretta Sanchez, Congressional Update.
Presentation of Awards by the Orange Chapter of the American Planning Association.
Presentation of Military Banner to Captain Matthew S. Jackson.
Recognition of Employee Service.
Presentation of Proclamation to K -9 "Hondo" upon His Retirement from Public
Service.
Announcement of Memorial Adjournment for Robert Viviano, Retired Orange Unified
School District Trustee.
Mayor Smith announced the final Concert in the Park at Hart Park to occur on August
28` at 7:00 p.m.
Mayor Smith announced the upcoming International Street Fair to occur over Labor
Day weekend in the Plaza.
2. PUBLIC COMMENTS
Pat Buttress, Southern California Edison, spoke on conserving energy and limiting use
of appliances during daytime hours in the summer.
Shirley Hunt spoke on the need for protective nets from baseballs coming over the
fences of her neighborhood from Olive Park.
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3. CONSENT CALENDAR
August 27, 2013
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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated July 30, August 1, and August 8, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 13, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Second Amendment to Agreement with Siemens Industry, Inc. /Republic
Intelligent Transportation Services to Provide Emergency Response Services for
Traffic Signals /Flashers and Street Lighting Maintenance, in an amount not -to-
exceed $40,000.00. (A2100.0 Agr- 5713.2)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 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. Paul Ingels
b. Karen A. Heger
C. Tony Seeley
d. Frances Every
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
August 27, 2013
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Contract Change Order No. 1 - Bid No. 123 -28; Sewer Line Replacement at
Various Locations Project, FY 2012 -13. (A2100.0 Agr -5993)
ACTION: Approved Contract Change Order No. 1 in the amount of $243,150.00 to
SND Construction, Inc. for additional work.
3.7 Contract Change Order No. 1 — Bid No. 123 -11; Mechanical Services and
Preventive Maintenance for Heating Ventilation and Air Conditioning Equipment
(HVAC) at various City buildings. (A2100.0 Agr -5930)
ACTION: Approved Contract Change Order No. I in the amount of $29,000.00 to
Integrity Automated Solutions.
3.8 Contract Change Order No. l and Final Payment for Bid No.123 -25; Reservoirs 1
and lA Paving Project. (A2100.0 Agr -5986)
ACTION: Approved Contract Change Order No. 1 and Final Payment in the amount of
$17,747.72 to Universal Asphalt Co., Inc. for the additional work.
3.9 Final Acceptance of Bid No. 123 -25 Reservoir 1 & IA Paving Project performed
by Universal Asphalt Company, Inc.; and authorization to file the Notice of
Completion with the County Recorder (No staff report required) (A2100.0 Agr -
5986)
ACTION: Accepted public work improvements; authorized release of Great American
Company, Bond No. 2115710, in the amount of $94,199.46 to the contractor on said
job, and authorized the Mayor and City Clerk to execute the Notice of Completion.
FUNDS TRANSFER
3.10 Transfer of Funds between various Capital Improvement Projects to balance
project accounts to close out projects for Fiscal Year 2012 -13. (C2500.J.1.1)
ACTION: Approved the transfer of funds between the following projects:
From
To
Amount
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.14700 New Main Sidewalk #1
$
13,305.94
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.14701 New Main Sidewalk #2
$
10,133.00
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.14702 New Taft Sidewalk
$
9,224.00
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.14711 Taft & Main Sidewalks
$
16,406.09
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.13077 Chapman
$
9,454.00
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.13030 Tustin/Meats Widening
$
42,061.45
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.13426 Main St. —Culver, 300
$
197,530.52
feet south of Chapman
550.5011.45490.13228 Chapman/Tustin
550.5011.45490.16103 Santiago Crk Bike Trail N.
$
64,277.70
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CITY COUNCIL MINUTES August 27, 2013
3. CONSENT CALENDAR (Continued)
GRANTS
3.11 Grant No. PT1431 from the State of California Office of Traffic Safety (OTS) for
the Selective Traffic Enforcement Program for Federal Fiscal Year 2014.
(A2100.0 Agr- 5117.F)
ACTION:
1) Approved agreement with the State of California OTS for the grant and authorized
the City Manager to execute the agreement on behalf of the City; and
2) Appropriated $124,900 from Account 100.4041.45290.30020, into the Traffic Program,
as follows:
100.4041.50221.30020.0007
100.4041.5 0612.3 0020.0007
100.4041.50614.30020.0007
100.4041.50221.30020.0006
100.4041.50612.30020.0006
100.4041.50614.30020.0006
100.4041.5 0221.3 0020.0066
100.4041.50612.30020.0066
100.4041.5 0614.3 0020.0066
100.4041.50221.30020.0067
100.4041.50612.30020.0067
100.4041.50614.30020.0067
100.4041.50221.30020.0068
100.4041.50612.30020.0068
100.4041.50614.30020.0068
100.4041.50221.30020.0069
100.4041.50612.30020.0069
100.4041.50614.30020.0069
100.4041.5 0221.3 0020.0070
100.4041.50612.30020.0070
100.4041.50614.30020.0070
Overtime- Safety DUI Saturations
$38,400
Unemployment DUI Saturations
$
39
Medicare DUI Saturations
$
558
Overtime- Safety Warrant Servicing
$
3,000
Unemployment Warrant Servicing
$
4
Medicare Warrant Servicing
$
44
Overtime - Safety Traffic Enforcement Operations $27,750
Unemployment Traffic Enforcement Operations $ 31
Medicare Traffic Enforcement Operations $ 402
Overtime - Safety Motorcycle Operations $ 7,200
Unemployment Motorcycle Operations $ 8
Medicare Motorcycle Operations $ 104
Overtime- Safety Distracted Driving Operations $18,000
Unemployment Distracted Driving Operations $ 20
Medicare Distracted Driving Operations $ 261
Overtime - Safety Motorcycle Safety DUI Saturations $ 4,300
Unemployment Motorcycle Safety DUI Saturations $ 6
Medicare Motorcycle Safety DUI Saturations $ 63
Overtime - Safety DRE Training and Certification $16,000
Unemployment DRE Training and Certification $ 18
Medicare DRE Training and Certification $ 232
100.4041.51840.30020.0000 Local Training
100.4041.55131.30020.0000 Equipment
$ 3,000
$ 5,460
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3. CONSENT CALENDAR (Continued)
August 27, 2013
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.12 First Amendment to Contract between the Successor Agency to the Orange
Redevelopment Agency and Azteca Landscape for Landscape Maintenance
Services for Successor Agency Properties, in an amount not -to- exceed $31,200.00.
(A2100.0 Agr- 5959.1)
ACTION: Approved the agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Successor Agency.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Bilodeau — Request Letter of Support for the Fletcher Basin
Improvement Project Grant Application to be submitted by the Orange County Water
District. (C2500.D)
Discussion — Councilmember Bilodeau stated the letter is to the Orange County Transportation
Authority (OCTA) in support of the excavation and restoration of the basin. He further
explained that the money would come from Measure M2, the '/z -cent sales tax, a portion of
which is collected for environmental clean -up and restoration.
MOTION - Smith
SECOND -Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to support transmittal of the letter in support of the project.
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August 27, 2013
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation of William Cathcart from the Planning Commission, effective
immediately, and instruct the City Clerk to post the " Maddy Act" vacancy notice.
Discussion — Councilmember Bilodeau stated that Mr. Cathcart is his appointment to the
Planning Commission, and he is accepting his resignation with regret. He added that he wants
a resolution prepared acknowledging his service, and if a vacancy occurs on the DRC, Mr.
Cathcart is interested in serving on that board once again. He then made a motion to accept the
resignation.
Councilmember Alvarez and Mayor Smith stated they were not in favor of accepting his
resignation. They stated that an important project is coming up for review, and Mr. Cathcart's
expertise on the Planning Commission will be needed, so the commission needs to stay intact
until after the project is decided upon.
Mayor pro tern Murphy requested a continuance of the item to allow for discussion with Mr.
Cathcart before casting his vote.
City Attorney Wayne Winthers opined that the letter indicates the resignation is effective
immediately, as of August 21 so he is off the commission in spite of the Council possibly
denying his request. He further stated that the Council can re- appoint him if so desired. In
response to inquiries from the Council, he stated that the vacancy notice must be posted within
20 days of the resignation.
Councilmember Bilodeau stated he would remake the motion to accept the resignation of Mr.
Cathcart, effective August 21, and instruct the City Clerk to post the notice of vacancy.
In response to comments by Mayor Smith and Councilmember Alvarez, Mr. Winthers stated
that the City ordinance states that a commissioner with an expired term remains until replaced,
but that this is a resignation. Mr. Cathcart cannot be forced to stay on if he is submitting his
resignation. He added that the Council does not have to abide by his opinion, and can choose
to retain Mr. Cathcart, but that the decision could be challenged at a later time.
Councilmember Whitaker stated that Mr. Cathcart is an excellent commissioner and is
submitting a letter he did not want to give, but is a man of his word. He added that his second
on the motion remains, and that the Council has an obligation to post the vacancy. He further
stated that he hoped Mr. Cathcart would reapply, and ultimately be reappointed.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Murphy, Bilodeau
NOES - Alvarez, Smith
Moved to accept the resignation of Mr. William Cathcart, and direct the City Clerk to post the
notice of vacancy pursuant to the Maddy Act.
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CITY COUNCIL MINUTES August 27, 2013
7. ADMINISTRATIVE REPORTS
7.1 Discussion regarding City Treasurer vacancy.
Discussion — City Attorney Wayne Winthers stated that in the event of the vacancy of an
elected office, Government Code Section 36512 requires either the appointment of a
replacement, or the calling of a special election to fill the position. He added that this must
occur within 60 days, which would be at the end of September. He provided information on
the Council's options for the upcoming elections in 2014 and the costs involved. He further
stated that whether the replacement is appointed or elected, the term would be through the end
of November, 2016.
Councilmember Alvarez stated he wanted to see the vacancy advertised and filled prior to the
meeting on September 24 th , giving the community an opportunity to apply, and the Council
time to appoint a qualified replacement.
Councilmember Whitaker agreed and would like the Council to decide on September 24 He
further stated that some of the duties are ministerial, but others are important, including the
chairmanship of the Investment and Audit committees. He stated 20 years ago, the
appointment of Mrs. Walker in the position worked well. He stated that there are well -
qualified members of the community who will have the interest of the community at heart. He
added that appointing would save the City money.
Mayor pro tem Murphy suggested the cutoff day of September 12 for receiving applications
to give plenty of time for review of the applications and interviewing of the applicants.
City Attorney Wayne Winthers stated that the code requires action by the 60 day, but there is
no penalty if that deadline is not met.
Councilmember Bilodeau stated concurrence with the Mayor pro tem's comments, and asked
that the advertising begin immediately on Channel 3, the City's website, a press release by the
City's PIO, and advertisement in the Orange County Register.
Mayor Smith stated her concurrence with the action to appoint. She acknowledged the fact
that there is no penalty, but stated her desire to abide by the deadlines.
City Manager John Sibley requested the Council determine the process for collecting, vetting,
and interviewing of the interested applicants.
The Council and the City Attorney discussed ideas for the process without making a final
determination. The direction was given to post the notice of vacancy immediately, and begin
receiving applications, with the process being determined at a later date.
8. REPORTS FROM CITY MANAGER - None
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CITY COUNCIL MINUTES August 27, 2013
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 08-13 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Amending Chapter 12.52 (Right of
Way Dedication and Public Infrastructure Improvements) of the Orange Municipal Code in
order to Modify the List of Critical Intersections, Arterial Street Designations, and their
Ultimate Street Right of Way Widths, to be Consistent with the Street Classifications and
Intersection Designations Established in the City's 2010 General Plan Circulation and Mobility
Element as Amended.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 08 -13 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
11. PUBLIC HEARINGS
11.1 PUBLIC HEALTH GOALS REPORT FOR YEARS 2010, 2011, AND 2012
DRINKING WATER QUALITY. (C2500.P)
Time set for a public hearing to consider the Public Health Goals Report for Years 2010, 2011,
and 2012 to explain, in plain language, information about the presence of contaminants in the
drinking water supply detected at levels above Public Health Goals published by the State
Office of Environmental Health Hazard Assessment during calendar years 2010, 2011, and
2012.
Discussion — Water Manager Jose Diaz gave the staff report. He responded to a question from
the Mayor, stating that the reports were based on fiscal years.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to receive and file.
12. RECESS TO CLOSED SESSION — The City Attorney announced the Closed Session
was canceled due to lack of items to discuss. The City Council recessed at 6:00 p.m.
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7:00 P.M. SESSION
13. ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
14. PUBLIC COMMENTS - None
15. PUBLIC HEARINGS
August 27, 2013
15.1 PHASE 2 DEVELOPMENT SERVICES STREAMLINE CODE CHANGE.
(A2500.0 Ord -09 -13 Streamlining)
Time set for a public hearing to consider an Ordinance of the City Council of the City of
Orange amending Title 17 of the Orange Municipal Code to streamline the City's design
review process for certain development applications, and establish sign regulations for the
City's Mixed Use zoning districts. Revisions to the City's Tustin Street Design Standards,
Design Guidelines for the Amendment to the Southwest Project Area, and Infill Residential
Design Guidelines are also proposed in conjunction with the Ordinance.
Discussion - Assistant City Manager Rick Otto stated that this was a follow up to the
organizational assessments performed in 2012, in which recommendation was made to
streamline the development process. Anna Pehoushek provided the staff report.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
1) Find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of the finding.
2) ORDINANCE NO. 09-13 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code to Streamline the Design Review Process for Certain Development
Applications and Establish Sign Regulations for Mixed Use Zoning Districts.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance 09 -13 be read by title only and same was set for second reading by the
preceding vote.
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CITY COUNCIL MINUTES August 27, 2013
15. PUBLIC HEARINGS (Continued)
3) RESOLUTION NO. 10731
A Resolution of the City Council of the City of Orange amending the Tustin Street Design
Standards, Design Guidelines for the Amendment to the Southwest Redevelopment Project
Area, and Infill Residential Design Guidelines to Achieve Consistency with Ordinance
No. 09 -13.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of Resolution No. 10731.
16. PLANNING AND ENVIRONMENT
16.1 Request for Implementation of a Permit Parking Area. (S4000.S.3.1.2)
Consideration of the addition of a neighborhood permit parking program in the following area:
Area T - Both sides of Cully Drive from the westerly property lines of 861 and 864 West
Cully Drive to the cul -de -sac.
Discussion — Public Works Director Joe DeFrancesco provided the staff report, describing the
process, and stated that 91% of the residents were in favor. He responded to questions from
the Council with regard to how the program works to receive additional passes, annual
renewal, and rules for citing violations.
Note: Councilmember Alvarez disclosed that he is part owner of property at 2188 Batavia, but
it was not a conflict with this issue on Cully Drive.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers -
Brian Collett — Spoke in favor of the parking permit program.
Chris Howell — Spoke in favor of the parking permit program.
THE MAYOR CLOSED THE PUBLIC HEARING.
Mayor Smith clarified with Mr. DeFrancesco the process of notifying the affected residents
regarding the need for permits, including the businesses being affected. Mr. DeFrancesco
assured that notice would be given, that there is a grace period the first few weeks of the
program implementation, and that it takes approximately four weeks for the signage to be
installed.
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CITY COUNCIL MINUTES August 27, 2013
16. PLANNING AND ENVIRONMENT (Continued)
RESOLUTION NO. 10730
A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10718, and
Adopting a Revised Master Resolution of Permit Parking Areas Within the City of Orange.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of Resolution No. 10730.
17. ADJOURNMENT
The City Council adjourned at 7:30 p.m. in Memory of Robert Viviano, Retired Orange
Unified School District Trustee.
The next Regular City Council Meeting will be held on Tuesday, September 10, 2013, at 4:30
p.m. in the Council Chambers.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of August 27, 2013 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.
ROBE ZORNADO
CHI F CLERK
TERESA . MITH
MAYOR
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