Council Minutes 07/23/13APPROVED BY THE CITY COUNCIL ON AUGUST 13, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 23, 2013
The City Council of the City of Orange, California convened on July 23, 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 Paul Wood, Calvary Chapel East Hills
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Murphy, Bilodeau
ABSENT - Smith
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor pro tem Murphy announced that the teleconference originally planned for the
meeting was cancelled due to a noticing problem.
Announcement of Memorial Adjournment for Arlene S. Minor, a lifelong Friends of
the Orange Public Library volunteer.
Announcement of the "National Night Out" event to occur on August 6` at 6:00 p.m.
in the Target Parking Lot.
Announcement of the "Concerts in the Park" series at Hart Park on Wednesdays
through August 28` from 7:00 to 8:30 p.m.
Recognition of Employee Service.
2. PUBLIC COMMENTS — The following persons spoke:
Joel Torres spoke on an H. Martin Foundation proposed global community center.
Dan Subia spoke on abatement of problems at a business in his neighborhood.
Heidi Larkin -Reed introduced Charla Lenarth the new Chamber of Commerce CEO.
Carl Cullins spoke on the Peralta Property issue being considered by the school district.
Mrs. William Snyder spoke on the Peralta Property issue being considered by the
school district.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
July 23, 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 3, July 9, and July 11, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 9, 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 Orange County Striping Service, Inc. for
the Installation of Traffic Striping, Pavement Markings, and Raised Pavement
Markers at various locations, in an amount not -to- exceed $116,150.00. (A2100.0
Agr- 5785.2)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Third Amendment to Agreement with All American Asphalt for Asphalt
Replacement at Various Locations, FY 2013 -14, in the amount of $535,000.00.
(A2100.0 Agr - 5597.3)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.6 Agreement with Code Consulting Group, LLC for Plan Check Services and New
Building Construction Inspection Services, FY 2013 -14, in an amount not -to-
exceed $60,000.00. (A2100.0 Agr- 5285.D)
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES July 23, 2013
3. CONSENT CALENDAR (Continued)
APPOINTMENTS
3.7 Appointment of Fire Department Employees Robert Stefano, Deputy Chief -
Services as a Board Member, and Frank Eickhoff, Deputy Chief - Operations as
Alternate Board Member to the Orange County -City Hazardous Materials
Emergency Response Authority. (C2500.H)
ACTION: Approved.
APPROPRIATIONS
3.8 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.H)
ACTION: Appropriated $33,218.31 from Account No. 100.3023.48210.20160 to
Account No. 100.3023.53060.20160.
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. Mercury Insurance Co. Subrogee for Stuart L. Grant and Deborah Grant
b. David Frost
C. Mario Drieslein
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid No. 123 -32; (CDBG) ADA Wheelchair Access Ramps at
Various Locations, FY 2012 -2013 performed by Mora's Equipment &
Construction, Inc.; and authorization to file the Notice of Completion with the
County Recorder. (No staff report required (A2100.0 Agr -5994)
ACTION: Accepted pubic work improvements, authorized release of the Ohio
Casualty Insurance Company of New Hampshire, Bond No. 024046215 in the amount
of $68,333.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
PURCHASES
3.11 Purchase of Firefighter Safety Gear from L.N. Curtis & Sons, FY 2013 -14, in an
amount not -to- exceed $80,000.00. (C2500.H)
ACTION: Authorized the purchase of Firefighter Safety Gear from L.N. Curtis &
Sons.
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CITY COUNCIL MINUTES July 23, 2013
5. REPORTS FROM COUNCILMEMBERS
Councilmember Bilodeau — Stated that nearby cities had successful fireworks sales and that
he would like the voters of Orange to consider the issue on the November 2014 ballot. He
asked staff to bring a report to Council on the issue.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Final determination by the State Department of Finance for the Other Funds and
Accounts Due Diligence Review; and recommended budget adjustments related to the
West Chapman Parking Lot loan payments. (SA1000.0)
(See related Successor Agency Item No. 10. 1.)
Discussion — Acting Economic Development Manager Lisa Kim provided a staff report. She
added that a correction to the General Fund account number had been provided to the Council
at the meeting.
Assistant City Manager Rick Otto responded to a question by Councilmember Whitaker,
stating that the appropriation will come out of the projected closing fund balance of the
recently approved FY 13 Budget, and that after closing the books, the final numbers would be
provided to Council.
Mayor pro tem Murphy highlighted staff's successful negotiation of the City's remittance to
the State Department of Finance from $39 million down to $19 million.
Councilmember Whitaker commended staff as well, and stated the process is not yet done.
MOTION
- Whitaker
SECOND
- Alvarez
AYES
- Alvarez, Whitaker, Murphy, Bilodeau
ABSENT
- Smith
Moved to:
1) Authorize the appropriation of $1,497,975.00 from the FY 2013 unreserved fund balance
of the General Fund to Account No. 100.0000.54530.20034 (Non - Departmental - Extraordinary
Loss) for reimbursement to the Successor Agency to the Orange Redevelopment Agency; and
2) Confirm transfer from Account No. 100.0000.54530.20034 to include:
a. The amount of $767,837.00 to reimburse Account No. 940.0000.48500.20034 (ORA
Merged Projects - Extraordinary Gain); and,
b. The amount of $730,138.00 to reimburse Account No. 944.0000.48500.20034 (2008
Merged Tax Exempt Bonds - Extraordinary Gain).
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CITY COUNCIL MINUTES
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
July 23, 2013
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
10.1 Final determination by the State Department of Finance for the Other Funds and
Accounts Due Diligence Review. (SA1000.0)
(See related Administrative Reports Item No. 7. 1.)
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Murphy, Bilodeau
ABSENT - Smith
Moved to:
1) Authorize the increase in FY 2013 revenue by:
a. $767,837.00 in Fund 940 (ORA Merged Projects); and
b. $730,138.00 in Fund 944 (2008 Merged Tax Exempt Bonds).
2) Authorize the FY 2013 appropriation of $767,837.00 in Account No.
940.9810.52611.20034 (ORA Merged Projects- Payment to Other Agencies); and
3) Authorize the Executive Director to remit the amount of $767,837.00 to the County
Auditor - Controller for distribution to other taxing entities.
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:10 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. 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.
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CITY COUNCIL MINUTES July 23, 2013
12. ADJOURNMENT — There was no 7:00 p.m. Session.
The City Council adjourned at 6:15 p.m. in Memory of Arlene S. Minor, a lifelong Friends of
the Orange Public Library volunteer.
The next Regular City Council Meeting will be held on Tuesday, August 13, 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 July 23, 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 sa id regular meeting; and available at the Civic Center City Clerk's Office.
MA URPHY MARK A. MURPHY
ITY CLERK MAYOR PRO TEM
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