07-08-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 12, 2014
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 8, 2014
The City Council of the City of Orange, California convened on July 8, 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, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
2. ORAL COMMUNICATIONS - None
3. RECESS TO CLOSED SESSION
a. Public employee appointment /employment pursuant to Government Code Section
54957.
Title: Community Development Director
b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9:
Case: Lindsay v. City of Orange, et al.
United States District Court Case No. 14 -CV -00932
4. ADJOURNMENT — At 6:20 p.m., the City Council adjourned the Closed Session to
its Regular Meeting on Tuesday, July 8, 2014, in the Council Chambers.
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CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Rev. Chineta Goodjoin, New Hope Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis R. Bilodeau
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
July 8, 2014
Presentation of Proclamation Recognizing July as Parks and Recreation Month
Presentation of Retirement Proclamation to Police Detective Elizabeth Hoffman
Mayor Smith announced the summer reading club, a book fair, a vintage magazine sale,
and the sixth annual family film festival, at the Orange public Library
Mayor Smith announced that August 5, 2014, will be the 31" annual Night Out Against
Crime. Festivities will be in the Target parking lot on Tustin Street.
Mayor Smith announced the Wednesday night Concerts in the Park series continue at
the Hart Park band shell.
2. PUBLIC COMMENTS
The following people spoke on watering issues and the poor appearance of the
landscaping in certain areas within the Santiago Hills neighborhood:
Shadea Amendt
Becky Burnett
Jenny Le
William Burnett
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
July 8, 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 June 12, 19, 26, and July 2, 2014.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 10, 2014. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Joint Participation Agreement with the City of Anaheim for Median Fence
Installation Improvements on Katella Avenue between Douglas Road and the
Easterly end of the Katella Avenue Bridge, in the amount of $91,352.00. (A2100.0
Agr -6123)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement with the Firm of Sharkey and Sharkey to provide Forensic Consulting
Services for the Police Department through June 30, 2015, in an amount not -to-
exceed $64,000.00. (A2100.0 Agr- 6013.B)
ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Approved appropriation transfer of $64,000.00
from Account No. 100.4034.50002 (Lab /Property Regular Salaries Miscellaneous) to
Account No. 100.4034.51670 (Lab/Property Other Professional and Consulting
Services).
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
3.6 Agreement with Magnetic Electric, Inc. for Electrical Modifications and
Improvements at Plaza Park and the Adjacent Street Quadrants, in the amount of
$17,050.00. (A2100.0 Agr -6124)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7 Agreement with Climatec for Energy Efficiency Audit. (A2100.0 Agr -6125)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.8 Employment Agreement with City Manager. (A2100.0 Agr- 4707.H)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City
3.9 Agreement with Hinderliter, de Llamas and Associates for Sales, Use and
Transactions Tax Audit and Information Services. (A2100.0 Agr- 3090.C)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City
3.10 Agreement with Pacific Advanced Civil Engineering, Inc. for Supervisor Control
and Data Acquisition (SCADA) System Needs Assessment, in the amount of
$61,518.00. (A2100.0 Agr -6126)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.11 Agreement with Magnetic Electric, Inc. for Installation of Calsense Central
Irrigation System Controllers in the Santiago Hills Landscape Assessment
District, in the amount of $81,725.00. (A2100.0 Agr -6127)
ACTION: 1) Approved an additional appropriation of $42,405.48 from unreserved
Fund 291 (Santiago Hills 86 -2 Landscape Maintenance — Irvine) to Account No.
291.7024.56014.20181 (Santiago Hills LAD Calsense Installation); and 2) approved
the agreement and authorized the Mayor and the City Clerk to execute on behalf of the
City.
3.12 Second Amendment to Master Funding Agreement with Orange County
Transportation Authority for M2 Comprehensive Transportation Funding
Program. (A2100.0 Agr - 5790.2)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
3.13 Agreement with Bureau Veritas North America, Inc. for Fire Department Plan
Review Services, in an amount not -to- exceed $70,000.00. (A2100.0 Agr- 3100.K)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.14 Agreement for the Implementation of the City of Orange LED Street Lighting
Project through the National Joint Powers Alliance Contract. (A2100.0 Agr -6132)
ACTION: 1) Appropriated $95,000.00 from the unreserved Fund Balance 263 to
expenditure Account No. 263.5032.56100.20228 (LED Street Lights Project); 2)
Transferred $15,000.00 from Account No. 263.5032.56100.16469 (Traffic Signal
Equipment Painting) to expenditure Account No. 263.5032.56100.20228 (LED Street
Lights Project); and 3) Authorized City Manager to execute an agreement in the
amount of $100,000.00 plus 10% contingencies with Pacific Lighting Management,
Inc. on a form as approved by the City Attorney.
APPROPRIATIONS
3.15 Transfer of Funds Between Various Capital Improvement Projects for
Transportation Related Improvements. (C2500.J.1.1)
ACTION: Authorized the appropriation
Capital Fund to expenditure Account
Management Program).
of $831,295.91 from 550 - Reimburseable
No. 550.5011.56330.13120 (Pavement
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. Maria Lopez
b. Lupe Aymerich
C. Rocky Gutierrez
d. John W. Wierman
e. Jung Ae Jikim
f. Bruce Eliason
g. Kim Loan Pham
h. Mercury Insurance Group subrogee for Winston and Ahuva Ho
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.17 Final Acceptance of Bid No. 134 -14; Maple Avenue (from Lemon Street to
Glassell Street) Improvement Project performed by Nobest, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6075)
ACTION: Accepted public work improvements, authorized release of Merchants
Bonding Company (Mutual) of Iowa, Bond No. CAC711403 in the amount of
$387,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.18 Final Acceptance of Bid No. 134 -16; Annual Concrete Replacement at Various
Locations, FY 2013 -2014 performed by C.J. Concrete Construction, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6073)
ACTION: Accepted public work improvements, authorized release of Westchester Fire
Insurance Company of Pennsylvania, Bond No. K08349563 in the amount of
$501,200.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.19 Award of Contract - Bid No. 134 -31; Emergency Generator for Big Serrano Pump
Station. (A2100.0 Agr -6128)
ACTION: Awarded a contract in the amount of $135,780.00 to Electrical Service
Solutions, Inc. and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.20 Award of Contract - Bid No. 134 -30; Fire Hydrant Painting Services. (A2100.0
Agr -6129)
ACTION: Awarded a contract in the amount of $47,993.00 to Signature Painting and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.21 Contract Change Order No. 1 - Bid No. 134 -10; Sewer Line Replacement at
Various Locations Project, FY 2013 -14. (A2100.0 Agr -6074)
ACTION: Approved Contract Change Order No. 1 in the amount of $102,475.00 to
Ramona, Inc. for additional work.
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
FACILITIES
3.22 Request to Close the Orange Public Library & History Center and the El Modena
and Taft Branch Libraries on the Following Dates: Main Library: Friday, August
29 at 2:30 p.m. and Saturday, August 30 all day for the Orange International
Street Fair; and All Branches on Wednesday, November 26 at 6:00 p.m. for
Thanksgiving. (C2500.I)
ACTION: Approved.
GRANTS
3.23 Grant Contract 14G -LA23 from the State of California Department of Alcoholic
Beverage Control (ABC) for the Grant Assistance Program, Fiscal Year 2015.
(A2100.0 Agr -6130)
ACTION: 1) Approved agreement with the State of California ABC for the Grant;
authorized the City Manager to execute the agreement on behalf of the City;
2) Approved RESOLUTION NO. 10806
A Resolution of the City Council of the City of Orange approving a grant from the
State of California Department of Alcoholic Beverage Control to fund ABC Education
and Enforcement Programs;
3) Accepted into the City's revenue budget $42,302.00 from the California ABC into
revenue Account No. 100.4033.45495.30001 (ABC Grant 2014); and
4) Authorized the appropriation of $42,302.00 into the Narcotics /Vice Program as
follows:
100.4033.50001.30001.0042 $ 1,963 Regular Salaries- Safety -Minor Decoy
100.4033.50001.30001.0043 $ 1,177 Regular Salaries- Safety LEAD Training
100.4033.50221.30001.0044 $ 1,008 Overtime- Safety -Roll Call Training
100.4033.50221.30001.0045 $16,514 Overtime - Safety- Enforcement Inspections
100.4033.50221.30001.0046 $16,514 Overtime- Safety- IMPACT Operations
100.4033.50221.30001.0047 $ 2,154 Overtime- Safety - Shoulder Tap
100.4033.50222.30001.0045 $ 486 Overtime -Misc- Enforcement Operations
100.4033.50222.30001.0046 $ 486 Overtime -Misc- IMPACT Operations
100.4033.51830.30001 $ 2,000 Overnight Training
PURCHASES
3.24 Purchase of Print Materials for Orange Public Library Facilities from Baker &
Taylor, Inc., in the amount of $80,000.00. (C2500.1)
ACTION: Approved.
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.25 RESOLUTION NO. 10801 (T2200.0)
A Resolution of the City Council of the City of Orange Approving the Submittal of
Transportation Improvement Projects to the Orange County Transportation Authority
for Funding Under the Project "W" Grant Program.
ACTION: Approved.
3.26 RESOLUTION NO. 10803 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange Amending Resolution No.
10761 between the City of Orange and the Orange Management Association.
ACTION: Approved.
3.27 RESOLUTION NO. 10804 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Amending Resolution No.
10763 between the City of Orange and the Orange Municipal Employees Association.
ACTION: Approved.
3.28 RESOLUTION NO 10805 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange Amending the Executive
Directors and Top Management Salary Resolution No. 10760.
ACTION: Approved.
3.29 RESOLUTION NO. 10807 (A4000.0 App- 0533 -14)
A Resolution of the City Council of the City of Orange Denying Appeal No. 0533 -14
and Upholding the Decision of the Planning Commission of the City of Orange to Deny
the Following: (A) Final Environmental Impact Report 1818 -09; (B) General Plan
Amendment No. 2009 -02; (C) Zone Change No. 1254 -09; (D) Development
Agreement No. 5825; and, (E) All Related Entitlements, Including Specific Plan No.
001 -09, Tentative Tract Map No. 17344, Tentative Parcel Map No. TPM 2012 -101,
Major Site Plan Review No. 0595 -09 And Design Review Committee No. 4413 -09, for
the Rio Santiago Project, Generally Located on I10 Acres at the Northeast Corner of
Cannon Street and Santiago Boulevard.
Appellant: JMI Properties /Santiago Partners, LLC.
NOTE: Mayor pro tem Whitaker and Councilmember Bilodeau voted NO on this item.
ACTION: Approved.
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CITY COUNCIL MINUTES July 8, 2014
3. CONSENT CALENDAR (Continued)
3.30 RESOLUTION NO. 10808 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line
Adjustment No. LL 2011 -03 Adjusting the Lot Line Between Two Former Railroad
Properties Located Adjacent to the Railroad Between Katella Avenue and Collins
Avenue, in the City of Orange, County of Orange, State of California.
ACTION: Approved.
3.31 RESOLUTION NO. 10809 (C2500.D)
A Resolution of the City Council of the City of Orange in Support of the Bay Delta
Conservation Plan, Reliable Water Supplies and Environmental Restoration.
ACTION: Approved.
3.32 RESOLUTION NO. 10810 (A2100.0 Agr -6135)
Resolution of the City Council of the City of Orange Authorizing Application for
Families and Communities Together (FaCT) Family Resource Center (FRC)
Grant in Conjunction with the Friendly Center.
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
For item 3.29, Mayor pro tem Whitaker and Councilmember Bilodeau voted No. All
items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS
Mayor pro tem Whitaker — Reported the State Legislature is considering legislation that
will undercut Prop 13. He requested the City Attorney return to the City Council with a
resolution in support of the protections of Prop 13.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
July 8, 2014
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY - None
11. PUBLIC HEARINGS
11.1 NOISE CONTROL ORDINANCE. (A2500.0 Ord -01 -14 Noise Control)
Time set for a public hearing to consider an Ordinance Amending Chapter 8.24 (Noise
Control) of the Orange Municipal Code to be consistent with the 2010 General Plan Noise
Element (City- wide).
Discussion — Sr. Planner Jennifer Le provided a staff report; noting the significant changes are
a focus on exterior noise standards; a focus on averaging noise over one hour instead of 30
minutes; and changing the enforcement authority, as the existing code calls for a board of
review which no longer exists.
THE MAYOR OPENED THE PUBLIC HEARING
William Burnett and Jenny Le both spoke to wanting better control over aircraft noise in
Orange.
THE MAYOR CLOSED THE PUBLIC HEARING
Sr. Planner Jennifer Le stated that this noise control Ordinance will focus on stationary noise,
airplane or traffic noise is controlled by the General Plan noise element, the FAA would be the
agency for any complaints for aircraft noise, and the Airport Land Use Commission might also
be able to help with aircraft noise problems.
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CITY COUNCIL MINUTES July 8, 2014
11. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 01 -14 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving an Amendment to Chapter
8.24 of the Orange Municipal Code to Update the City's Noise Ordinance to be Consistent
with the 2010 General Plan Noise Element.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 0 1- 14 be read by title only and same was set for a second reading
by the preceding vote.
12. PLANNING AND ENVIRONMENT
12.1 WAVERLY STREET PERMIT PARKING AREA U. (S4000.S.3.1.2)
Request to implement neighborhood permit parking in order to provide residents with a
reasonable expectation of parking in proximity to their homes. The area requesting formation
of a new parking permit program is as follows:
Area U : Both sides of Waverly Street from the northerly property lines of 133 and 138 South
Waverly Street to Almond Avenue.
Discussion - Public Works Director Joe DeFrancesco gave the staff report, noting that local
businesses have used the residential area for parking.
Council discussed the fact that parking is no longer available on Chapman, the dynamics of the
area have changed with new businesses along Chapman, the parking problem seems to impact
the neighborhood only during the work week, and specifically two days a week, and whether
there is adequate off - street parking for the businesses, and options for one to two hour parking
without a permit.
THE MAYOR OPENED THE PUBLIC HEARING
The following speakers were in support of the permit parking area: Tom Grochow, Pamela
Kaa, Debbie Arellanes, Scott Stoner, Bruce Morrison, Albert Arellanes, Larry Kaa, Brenda
Browning.
The following speakers were opposed to the permit parking area: Peter Mitchell, Kent
Robertson, Tania Robertson, Theresa Stoller.
THE MAYOR CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES July 8, 2014
12. PLANNING AND ENVIRONMENT (Continued)
Councilmember Bilodeau questioned whether the building at 942 East Chapman is zoned as
medical or general business. Assistant City Manager Rick Otto said the building in question is
zoned as general business and that the businesses would qualify under the City's rules today
for general business parking requirements.
Councilmember Bilodeau said this action will only push the parking problem into new areas,
and suggested staff review the businesses and their parking requirements prior to creating a
new permit parking area as this parking issue is a business problem.
Council discussed a two hour parking time limit for non - permit vehicles, similar to the parking
plan on North Glassell, which could accommodate clients and allow employees to park in lots.
Mayor Smith noted the problem is one of businesses doing well and parking is a result of
positive business growth. She suggested to the business owners that they try to rotate work
schedules so not all employees are at the location at the same time. Also, in doing an informal
parking review, she found open spots in the lot at the building at the end of the street. She did
not support a two hour time limit.
Councilmember Alvarez stated he was disappointed that the business that created this issue has
not offered a solution to the problem. He would rather support the residents and ask the
businesses to find solutions to the parking problem.
Councilmember Bilodeau questioned the building owner about whether the tenant is a medical
business. The building owner explained that, no, it is not a medical business. The building is a
general office building.
Councilmember Murphy noted that one business tenant can change all the parking dynamics in
the area, and suggested a review of this permit parking area in one year to see if it is still
required.
Mayor pro tem Whitaker expressed concern that because the problem is only during certain
work hours, this could be detrimental to business, that it may not be the most appropriate
location for this business, and suggested some flexibility and a review in six months.
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CITY COUNCIL MINUTES July 8, 2014
11. PLANNING AND ENVIRONMENT (Continued)
RESOLUTION NO. 10802
A Resolution of the City Council of the City of Orange Rescinding Resolution No 10759, and
Adopting A Revised Master Resolution of Permit Parking Areas Within the City of Orange.
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10802 and grant Permit Parking Area U for a six month
period followed by a City Council review.
13. ADJOURNMENT — The City Council adjourned at 9:00 p.m.
The next Regular City Council Meeting will be held on Tuesday August 12, 2014, 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 July 8, 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.
MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
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