12-09-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 13, 2014
CITY COUNCIL
MEETING MINUTES
ORANGE, CALIFORNIA
December 9, 2014
The City Council of the City of Orange, California convened on December 9, 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, Smith, Murphy, Nichols
ABSENT - Whitaker
2. ORAL COMMUNICATIONS - None
3. RECESS TO CLOSED SESSION
a. Conference with Legal Counsel — Existing Litigation pursuant to Government
Code Section 54956.9(a):
Case: Vasquez v. Rackauckas, et. al.
United States District Court Case No. SACV 09 -1090 VBF(RNBx)
Case: Batarseh v. City of Orange
Orange County Superior Court Case No. 30- 2013 - 00686822
4. ADJOURNMENT
The next Regular City Council Meeting was held on Tuesday December 9, 2014, at 6:00
p.m. in the Council Chambers.
CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Teresa E. Smith
1.3 ROLL CALL
PRESENT - Alvarez, Smith, Murphy, Nichols
ABSENT - Whitaker
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Retirement Resolution to Police Officer Ken Adams
December 9, 2014
Presentation of Retirement Resolution to City Traffic Engineer Amir Farahani
Presentation by Emily France, Southern California Gas Company, concerning a January
construction project at Almond and Parker
2. PUBLIC COMMENTS
Eric Woolery — City Treasurer, offered his resignation effective 12 -31 -14 due to his
election as the Orange County Auditor Controller.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
December 9, 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, November 13, 20, 26, and December 4, 2014.
ACTION: Approved.
3.2 City Council Minutes, Adjourned Regular Meeting of November 25, 2014.
(C2500.D.4)
NOTE: Councilmember Nichols abstained for this item as she was not on the City
Council for this meeting.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Submittal of Annual Financial Reports for Development Impact Fees for Fiscal
Year 2013 -14. (C2500.J.1.0.2)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Integrity Automated Solutions for Mechanical Services and
Preventive Maintenance for Heating, Ventilation, and Air Conditioning Equipment
at Various City Buildings in the amount of 588,252.00. (A2100.0 Agr- 5930.2)
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
3. CONSENT CALENDAR (Continued)
December 9, 2014
3.6 First Amendment to Agreement with CSG Consultants, Inc., for Plan Review and
Field Inspection Services for the Building Division in an amount not -to- exceed
$150,000.00, for a total contract amount of $180,000.00. (A2100.0 Agr- 3375.J.1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.7 Mills Act Contract No. MAC - 232.0 -14 (Historic Property Preservation Agreement)
163 North Center Street. (A2100.0 Agr -6173)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.8 Mills Act Contract No. MAC - 233.0 -14 (Historic Property Preservation Agreement)
231 North Cambridge Street. (A2100.0 Agr -6174)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.9 Mills Act Contract No. MAC - 234.0 -14 (Historic Property Preservation Agreement)
167 North Cambridge Street. (A2100.0 Agr -6175)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.10 Mills Act Contract No. MAC - 235.0 -14 (Historic Property Preservation Agreement)
154 North Harwood Street. (A2100.0 Agr -6176)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES December 9, 2014
3. CONSENT CALENDAR (Continued)
3.11 Mills Act Contract No. MAC - 236.0 -14 (Historic Property Preservation Agreement)
295 North Batavia Street. (A2100.0 Agr -6177)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.12 Mills Act Contract No. MAC - 237.0 -14 (Historic Property Preservation Agreement)
545 East Van Bibber Avenue. (A2100.0 Agr -6178)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.13 Mills Act Contract No. MAC - 238.0 -14 (Historic Property Preservation Agreement)
615 East Chapman Avenue. (A2100.0 Agr -6179)
NOTE: Councilmember Alvarez abstained due to nearby property interest.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.14 Mills Act Contract No. MAC - 239.0 -14 (Historic Property Preservation Agreement)
376 -8 South Olive Street. (A2100.0 Agr -6180)
NOTE: Councilmember Alvarez abstained due to nearby property interest.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.15 Mills Act Contract No. MAC - 240.0 -14 (Historic Property Preservation Agreement)—
122 South Clark Street. (A2100.0 Agr -6181)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
December 9, 2014
3.16 Mills Act Contract No. MAC - 241.0 -14 (Historic Property Preservation Agreement)
390 North Cambridge Street. (A2100.0 Agr -6182)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner for the preservation and rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment.
3.17 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. Cole Robinson
b. Rachel Pakula
c. Jaleh Tashakori
d. John Huerta
e. Max Sanchez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.18 Final Acceptance of Bid No. 145 -17; Annual Concrete Replacement at Various
Locations Phase 1, FY 2014 -2015 performed by CJ Concrete Construction, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (Agr -6159)
ACTION: Accepted public work improvements, authorized release of Westchester Fire
Insurance Company, Bond No. K08350279 in the amount of $195,000.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
3.19 Final Acceptance of Bid No. 145 -15; Roof Coating at Fire Headquarters performed
by Best Contracting Service, Inc.; and authorization to file the Notice of Completion
with the County Recorder. ( staff report required (Agr -6156)
ACTION: Accepted public work improvements; authorized release of The Guarantee
Company of North America USA, Bond No. 12112905 in the amount of $34,750.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
December 9, 2014
3.20 Final Acceptance of Bid No. 134 -22; Annual Paving Maintenance Project at Various
Locations performed by R.J. Noble Company; and authorization to file the Notice of
Completion with the County Recorder. (No staff report required (Agr -6087)
ACTION: Accepted public work improvements; authorized release of Western Surety
Company of California, Bond No. 58712984 in the amount of $3,264,950.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
PURCHASES
3.21 Purchase of a Police Department Interview Room Recording System, including
Image Server Storage Upgrades, from Linear Systems. (C2500.K)
ACTION: 1) Appropriated $61,014.79 from Account No. 100.4031.45290.20214, (FY 14
Board of State and Community Corrections (BSCC) Local Assistance Funding), to
Account No. 100.4031.55131.20214, (Detectives Equipment -2014 BSCC);
2) Appropriated $6,272.53 from Account No. 100.4031.45290.20231, (FY 15 Board of
State and Community Corrections (BSCC) Local Assistance Funding), to Account No.
100.4031.55131.20231, (Detectives Equipment -2015 BSCC); and
3) Authorized the purchase of digital interview room and image server storage upgrades
from Linear Systems as a sole source vendor in the amount of $61,287.32 and $6,000 in
required cabling from a yet to be determined vendor.
RESOLUTIONS
3.22 RESOLUTION NO. 10829 (S4000.S.4)
A Resolution of the City Council of the City of Orange Summarily Vacating Any and All
Street and Alley Easements Northeast of Anaheim Way and Northwest of State College
Boulevard as No Longer Needed by the Public for Street Purposes and Ordering the
Vacation Thereof and Reserving All Public Utility Easements.
ACTION: Approved.
3.23 RESOLUTION NO. 10834 (C2500.M)
Item moved to Administrative Reports No. 7.2
3.24 RESOLUTION NO. 10835 (C2500.M)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Mohammad "Amir" Jalali - Farahani and Commending him for his Twenty -Eight Years of
Loyal and Dedicated Service.
ACTION: Approved.
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CITY COUNCIL MINUTES December 9, 2014
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 10836 (A4000.0)
A Resolution of the City Council of the City of Orange denying Appeal No. 535 -14 and
upholding the decision of the Planning Commission of the City of Orange denying
Appeal No. 534 -14 upholding the Community Development Director determination
regarding the placement of a property wall within five feet of an existing fence at 926
Meads Avenue.
NOTE: Councilmember Nichols abstained for this item as she was not on the City
Council for the Appeal.
ACTION: Approved.
MOTION
- Murphy
SECOND
- Smith
AYES
- Alvarez, Smith, Murphy, Nichols
ABSENT
- Whitaker
Item 3.23 was removed from the Consent Calendar and heard as Item 7.2. Item 3.13 and
3.14 Councilmember Alvarez abstained. Item 3.2 and 3.25 Councilmember Nichols
abstained. All items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH
4.1 Discuss Orange City Council considering a letter of support for East Orange County
Water District's (EOCWD) application with the Local Agency Formation Committee
( LAFCO) to transfer the sewer service operation that is predominantly within EOCWD's
service territory from the Orange County Sanitation District to EOCWD. (Continued
from September 9, 2014.)
Public speaker: Lisa Ohlund of the East Orange County Water District urged the City
Council to support an agreement and a letter of support.
Mayor Smith confirmed that the request will be heard in February, 2015 by East Orange
County Water and that LAFCO will need to approve after that.
In response to a question from Councilmember Murphy, City Manager John Sibley
explained that an interagency agreement that would safeguard the interests of the City
would be drafted.
The City Council indicated support for the Mayor's letter of support with East Orange
County Water District.
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CITY COUNCIL MINUTES December 9, 2014
4. REPORTS FROM MAYOR SMITH (Continued)
MOTION - Murphy
SECOND - Smith
AYES - Alvarez, Smith, Murphy, Nichols
ABSENT - Whitaker
Moved to approve a letter of support being drafted along with a formal agreement, to be
considered at the January Council meeting.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Alvarez requested information regarding the effectiveness of the City's
party ordinance.
Councilmember Alvarez requested a summary of the electrical costs for the 2014 Orange
International Street Fair.
Councilmember Nichols thanked staff for the hard work in getting her started in her role
as Councilmember.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Agreement with Packet Fusion, Inc. for Purchase and Installation of City -Wide
Shoretel Voice over IP Telecommunication System. (A2100.0 Agr -6172)
NOTE: Councilmember Murphy recused himself for this item due to a potential conflict
with his employment and left the dais.
Mayor Smith confirmed with Assistant City Manager Rick Otto that the timeline for the
project will result in: February for the backbone of the system, and, March for the rollout
of new handsets. Computers will run the phone system so power will be required to
operate each phone, however, each building will have phones that work even when the
power is out. Some telephone numbers might change, however, staff will work to keep
the main City numbers the same.
In response to a question from Councilmember Alvarez, Mr. Otto explained that the
Shoretel product and the software that operates it are proprietary. The current contract
includes five years of maintenance support for the system.
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CITY COUNCIL MINUTES December 9, 2014
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith
SECOND - Nichols
AYES - Alvarez, Smith, Nichols
RECUSE (ABSENT) - Murphy
ABSENT - Whitaker
Moved to approve the agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
7.2 RESOLUTION NO. 10834 (C2500.M)
A Resolution of the City Council of the City of Orange Certifying the Need for the
Immediate Employment of Mohammad Jalali- Farahani (Amir Farahani) as Manager -
Transportation Services /Traffic Engineer and Waiver of the 180 Day Wait Period.
MOTION -Nichols
SECOND - Alvarez
AYES - Alvarez, Smith, Murphy, Nichols
ABSENT - Whitaker
Moved to approved Resolution No. 10834
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY - None
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CITY COUNCIL MINUTES December 9, 2014
11. PUBLIC HEARINGS
11.1 STREAMLINING ORDINANCE (A2500.0)
Time set for a public hearing to consider streamlining of City review and clarify standards
for certain types of residential accessory structures, bingo games, churches in industrial
zones, and parking structure floor area ratio.
ORDINANCE 08 -14 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Streamline the Review Process and Clarify City Standards for Certain
Types of Residential Accessory Structures, Bingo Games, Churches in Industrial Zones,
and Parking Structure Floor Area Ratio
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Smith, Murphy, Nichols
ABSENT - Whitaker
Moved to continue this item to the January 13, 2015 City Council meeting.
12. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
13. ADJOURNMENT
The City Council adjourned the City Council meeting at 7:10 p.m. The next Regular City
Council Meeting will be held on Tuesday January 13, 2015, 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 December 9, 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.
M E. MURPH
CITY CLERK
TtRESA E. SMITH
MAYOR J A
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