Council Minutes 08/13/13APPROVED BY THE CITY COUNCIL ON AUGUST 27, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 13, 2013
The City Council of the City of Orange, California convened on August 13, 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 Daniel Kurimay, Zion Community Church
1.2 PRESENTATION OF COLORS - PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 241, St Paul's Lutheran Church
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation to Boy Scout Troop 241, St. Paul's Lutheran Church.
Announcement of Memorial Adjournment for Helen Y. Walker, City Treasurer, life-
long Orange resident, and community supporter.
Announcement — Mayor Smith invited the community to attend the Hart Park Concert
Series held on Wednesday evenings through August 28 at 7:00 p.m.
2. PUBLIC COMMENTS -
Steve Rocco — Voiced his displeasure with his experiences in Orange.
Michael Liskey — Advocated for review of the Municipal Code regulations relating to
chickens and chicken coops in light of bird diseases and to address public safety.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
August 13, 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.
3.1 Confirmation of warrant registers dated July 18, July 23, and July 25, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 23, 2013. (C2500.D.4)
NOTE: Mayor Smith abstained due to her not being in attendance at the meeting.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report for the Months of April, May, and June, 2013. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Stantec Consulting Services for Engineering Design Services for
the Rehabilitation of Stacey Lee Lane and Hart Park Sewer Lift Stations, in the
amount of $39,072.00. (A2100.0 Agr -6017)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.6 Fourth Amendment to Agreement with Magnetic Electric, Inc. for Electrical
Maintenance and Repair of Park Facilities Infrastructure, to increase the scope of
work and increase the not -to- exceed amount by $45,000.00. (A2100.0 Agr- 5684.4)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City; and authorized the FY 14 appropriation of $45,000.00
from the unreserved fund balance in Fund 291 - Santiago Hills landscape Maintenance
District to Account No. 291.7026.51700.00000, contractual services.
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CITY COUNCIL MINUTES August 13, 2013
3. CONSENT CALENDAR (Continued)
3.7 Third Amendment to Agreement with Major League Softball, Inc. to extend the
term through FY 2014, for the not -to- exceed amount of $77,494.50. (A2100.0 Agr -
5544.3)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.8 Agreement with Bureau Veritas North America, Inc. for Fire Department Plan
Check Services, in an amount not -to exceed $75,000.00. (A2100.0 Agr- 3100..1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City; and approved the initial purchase order agreement in the
amount of $35,000.00.
3.9 Agreement with Triton Technology Solutions, Inc. for the City Council Chamber
Audiovisual System Design, in an amount not -to- exceed $27,500.00. (A2100.0
Agr -6018)
ACTION: Approved the agreement and authorized the City Manager to execute on
behalf of the City.
APPROPRIATIONS
3.10 Forensic DNA Evidence Evaluation and Examination performed by Serological
Research Institute. (C2500.K)
ACTION: Authorized the appropriation of $13,000.00 from FY 14 unreserved fund
balance of the Federal Asset Forfeiture fund to Account No. 355.4031.51670 (Other
Professional and Consulting).
(REMOVED AND HEARD SEPARATELY)
3.11 Purchase of a Police Service Dog for the Police Department's Canine Program
from Adlerhorst International, Inc. (C2500.K)
Discussion — Police Captain Tom Kisela responded to questions by Councilmember
Bilodeau, stating that the Police Department is talking to the Orange Elks Lodge for a
possible donation to offset the cost of purchasing the dog, and that the money would
reimburse the account.
MOTION - Bilodeau
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to authorize the appropriation of $8,368.00 from the FY 14 Federal Asset
Forfeiture unreserved fund balance to Account No. 355.4021.55100 (Other Capital
Outlay).
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CITY COUNCIL MINUTES August 13, 2013
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Bid No. 134 -02; Approval of plans and specifications, and authorization to
advertise for bids for construction of FY 2012 -13 Community Development Block
Grant (CDBG) Street Improvement Projects: Citrus Street, Fairmont Street,
Birch Avenue, Parker Street, Clark Street, Grand Street, Toluca Avenue, River
Avenue, and Orange Street Improvements. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG FY 12 -13 Street Improvement Projects.
(REMOVED AND HEARD SEPARATELY)
3.13 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. Sierra Carter, Joseph Watson and the Estate of Savanna Carter
b. Carol M. Kokkeby
C. Kimberly Yarter
d. Rosa Bartolo Sanchez
e. Orange Mobile Home Park
f. Nancy Carolyn Wood
g. Jorge Galindo
Discussion — Mr. Firas Aboulhosn spoke on behalf of the Orange Mobile Home Park
regarding street sweeping services.
City Attorney Wayne Winthers stated that this is a current matter in litigation. For this
reason, he stated the item should be removed from consideration, agendized as a closed
session item, with a report brought to Council at a later date.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to remove `e' from consideration, deny all other claim(s) for damages, and refer
to City Attorney and Adjuster.
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CITY COUNCIL MINUTES August 13, 2013
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.14 Award of Contract - Bid No. 123 -38; Water Division Warehouse Partial
Demolition to Atlas Allied, Inc., in the amount of $232,388.00. (A2100.0 Agr -6019)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute
on behalf of the City.
PURCHASES
3.15 Purchase of Neptune Replacement Water Meters on a sole source, "as needed"
basis from Neptune Technology, in an amount not -to- exceed $255,000.00.
(C2500.P)
ACTION: Authorized purchase of Neptune replacement water meters.
3.16 Purchase of Firefighter Uniforms and Accessories from Gall's Uniform Center,
increasing the purchase order total amount to $41,000.00. (C2500.H)
ACTION: Authorized the purchase of Fire Department safety clothing.
3.17 Purchase of Medical Supplies from Life - Assist, Inc. through a cooperative
purchasing agreement, in an amount not -to- exceed $93,000.00 per fiscal year, for
the duration of the contract period ending June 30, 2017. (C2500.H)
ACTION: Authorized the purchase of Fire Department medical supplies.
3.18 Purchase of Ten Police Patrol Vehicles from McPeek Dodge, in the amount of
$285,555.10 and Outfitting with Code -3 Equipment from Hi Standard
Automotive, LLC, in the amount of $88,298.96, for a total cost of $373,854.06.
(C2500.K)
ACTION: Authorized the purchase of ten police patrol vehicles, which includes one
K -9 unit, from McPeek Dodge; and outfitting of same vehicles by Hi Standard
Automotive; and authorized the City Manager to surplus the replaced vehicles.
MOTION - Alvarez
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Mayor Smith abstained on Item 3.2 due to her not being in attendance at the meeting.
Item 3.11 and 3.13 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES August 13, 2013
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Bilodeau — Vector Control Update.
Discussion — Councilmember Bilodeau stated that the West Nile virus has been detected in
mosquito samples. He advised the public to use repellant containing DEET. He further stated
that two cases of Typhus have been reported in Orange. He advised to keep domestic animals
free of fleas to address this issue. He further advised that Vector Control should be contacted
for abatement of mosquitoes and red fire ants.
In answer to Mayor Smith's inquiry as to what to do with dead birds, Public Works Director
Joe DeFrancesco stated that the Orange County Animal Control services should be called, or
the City Public Works Department will take the information and pass it on to animal control.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS
August 13, 2013
11.1 GENERAL PLAN AMENDMENT 2013 -0001 — AMENDMENT TO THE
GENERAL PLAN CIRCULATION AND MOBILITY ELEMENT; CRITICAL
INTERSECTION INCONSISTENCIES. (Continued from July 9, 2013) (C2300.E GPA-
2013 -0001)
Time set for a continued public hearing to consider amending the Master Plan of Streets and
Highways by addressing the inconsistencies in the "critical intersections" by removing the
"critical intersection" designation from eight (8) intersections and adding the "critical
intersection" designation to five (5) intersections. In addition, the subject General Plan
Amendment makes minor clarifications to the text description of the Critical Intersection
Program and re- labels streets located in the City of Villa Park as "Roadways Outside of
Planning Area ".
Discussion — Principal Planner Jennifer Le gave a staff report.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 08-13 (FIRST READING)
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 - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 08 -13 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 10729
A Resolution of the City Council of the City of Orange Approving General Plan Amendment
No. 2013 -0001 Amending the Circulation and Mobility Element of the General Plan in order to
Revise the Text Description of the City's Critical Intersection Program; and to Correct Figure
CM -2 (Master Plan of Streets and Highways) to Accurately Identify "Critical Intersections"
and Re -Label Certain Roadways as "Roadways Outside of Planning Area ".
MOTION
- Whitaker
SECOND
- Murphy
AYES
- Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of Resolution No. 10729.
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CITY COUNCIL MINUTES
August 13, 2013
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:15 p.m. to a Closed Session for the following purposes:
a. 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: All Bargaining Units except Orange City Firefighters.
b. Conference with Legal Counsel — Existing Litigation pursuant to California Government
Code Section 54956.9(a).
City of Orange, et al v. State of California Department of Finance, et al., Sacramento
County Case No.: 34- 2012 - 00135813.
13.
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed Session.
ADJOURNMENT — There was no 7:00 p.m. Session.
The City Council adjourned at 6:15 p.m. in Memory of Helen Y. Walker, City Treasurer, life-
long Orange resident, and community supporter.
The next Regular City Council Meeting will be held on Tuesday, August 27, 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 13, 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.
MAR URPH
CITY CLERK
TERESA E. SMITH
MAYOR
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