01-14-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 11, 2014
CITY COUNCIL
MEETING MINUTES
ORANGE, CALIFORNIA
January 14, 2014
The City Council of the City of Orange, California convened on January 14, 2014, at 5:00
p.m., and recessed to a Closed Session Meeting in the Council Briefing Room, 300 E.
Chapman Avenue, Orange, California.
5:00 P.M. SESSION
1. ROLL CALL
PRESENT - Alvarez, Smith, Bilodeau
ABSENT - Whitaker, Murphy
2. ORAL COMMUNICATIONS - None
3. RECESS TO CLOSED SESSION — The City Council recessed at 5:03 p.m.
NOTE: Mayor pro tem Murphy and Councilmember Whitaker joined the meeting at this time.
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: Orange Maintenance & Crafts Employees Association
City of Orange Police Management Association
City of Orange Fire Management Association
Unrepresented Top Management Employees
4. ADJOURNMENT — At 5:59 p.m. the City Council adjourned the Closed Session to a
Regular Meeting on Tuesday, January 14, 2014, at 6:00 p.m. in the Council Chambers.
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CITY COUNCIL MINUTES
6:00 P.M. SESSION
1. OPENING
1.1 INVOCATION
January 14, 2014
Given by Father Gregory Bishay, St. Verena and the Three Holy Youth Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by the Transportation Corridor Agency (TCA) on the Toll Roads.
Presentation of Check from the Friends of the Orange Public Library.
Presentation by the Orange City Fire Department recognizing three employees of
Matrix Services for their assistance on a recent call.
Presentation of Resolution to Police Corporal Don Lockridge upon his retirement.
Daniel Alexander of the Longhouse of the Orange Skies announced that Saturday,
January 25, 2014, will be the date for the Indian Guide & Princess Programs 500 races.
He invited the City Council and the community to the event at the Village of Orange.
City of Tustin Mayor Al Murray announced that the Orange County Transportation
Authority (OCTA) signed a 15 -year lease for their office building in Orange, and
thanked staff for their work in securing financing for the much needed OCTA parking
garage.
2. PUBLIC COMMENTS - Mike Beanes thanked the Orange Fire Department for their
excellent work in assisting his mother recently and made favorable comments on the
Council not outsourcing the paramedic program.
Jack Sappington, Orange Senior Housing Board President, asked the Council for
support in negotiations on a new 65 -year lease for the Triangle Terrace senior
apartments.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
January 14, 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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated December 5, 12, and 19, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meetings of November 26, 2013 (Continued from
December 10, 2013) and December 10, 2013. (C2500.D.4)
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.
(C2500.J.1.0.2)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Landscape Dynamics for Installation of Calsense Central
Irrigation System Controllers in the Santiago Hills Landscape Assessment
District, in the amount of $37,740.00. (A2100.0 Agr -6062)
ACTION: 1) Approved a transfer of funds of $37,740.00 from Account No.
291.7024.56015.20180 (Santiago Hills LAD New Efficiency Design) to Account No.
291.7024.56015.20181 (Santiago Hills LAD Calsense Installation); and 2) Approved
the agreement and authorized the Mayor and City Clerk to execute on behalf of the
City.
3.6 Urban Areas Security Initiative (UASI) Grant: Hl -UASI Regional Training
Program- Instructors Allocation. (A2100.0 Agr- 5556.C)
ACTION: 1) Approved the agreement between the City of Orange and the City of
Santa Ana in an amount not to exceed $5,121.00 and authorize the City Manager to
execute the agreement on behalf of the City; 2) Accepted into the City's revenue
budget a $1,707.00 grant from the Anaheim/Santa Ana Urban Areas UASI, into
revenue Account No. 100.3023.45495.20179 (Fire Training -H1 UASI Regional
Training Program - Instructors 2013); 3) Authorized the appropriation of $1,707.00 into
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
January 14, 2014
expenditure Account No. 100.3023.51840.20179 (Fire Training -Hl UASI Regional
Training Program - Instructors 2013); 4) Accepted into the City's revenue budget a
$3,414.00 grant from the Anaheim/Santa Ana Urban Areas UASI, into revenue
Account No. 100.4081.45495.20179 (Police - Homeland Security Overtime Safety -H1
UASI Regional Training Program - Instructors 2013); and 5) Authorized the
appropriation of $3,414.00 into expenditure Account No. 100.4081.50221.20179
(Police - Homeland Security- Overtime Safety -H1 UASI Regional Training Program -
Instructors 2013).
3.7 Second Amendment to Agreement with Lucy Yeager & Associates, to provide
Current Planning Processing for Chapman University Applications, in an amount
not to exceed $30,000.00, for a total contract amount of $80,000.00. (A2100.0 Agr-
5676.A.2)
ACTION: 1) Approved the second amendment and authorized the Mayor and City
Clerk to execute on behalf of the City; 2) Accepted into the City's revenue budget a
$30,000.00 deposit from Chapman University, into revenue Account No.
100.6021.48210.20099 (Expense Reimbursement); and 3) Appropriated $30,000.00
into expenditure Account No. 100.6021.51670.20099 (Other Professional & Consulting
Services — Lucy Yeager & Associates).
APPROPRIATIONS
3.8 Appropriation of a $38,700.00 donation from the Friends of the Orange Public
Library (FOPL). (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $38,700.00 donation from
FOPL, into revenue Account No. 100.2001.48390.19990 (Friends of the Library
Donations); and 2) Appropriated the donation into the following expenditure accounts:
100.2001.53011.19990 - FOPL (Employee Recognition Program) $1,200
100.2001.53301.19990 - FOPL (Book budget) $30,500
100.2016.53340.19990 - FOPL (Craft supplies - Adult) $500
100.2017.51670.19990 - FOPL (Other professional & consulting services) $2,000
100.2017.53340.19990 - FOPL (Craft supplies - Children & Teen) $4,500
$38,700
BIDS
3.9 Bid No. 134 -18; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Hart Park and Stacey Lee Lane Sewer Lift
Station Rehabilitation Project. (C2500.M.3)
ACTION: Approved plans and specifications and authorized advertising for bids for
Hart Park and Stacey Lee Lane Sewer Lift Station Rehabilitation Project.
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CITY COUNCIL MINUTES January 14, 2014
3. CONSENT CALENDAR (Continued)
3.10 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. Elizabeth Ann Salio
b. Marilyn Cordova
C. Antonio Jusino
d. Herbert D. Levy dba Levy Properties
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Final Acceptance of Bid No. 123 -20; Jamboree Road Rehabilitation Improvements
performed by R.J. Noble Company; and authorization to file the Notice of
Completion with the County Recorder (No staff report required) (A2100.0 Agr -
5992)
ACTION: Accepted public work improvements, authorized release of Western Surety
Company of South Dakota, Bond No. 58705038 in the amount of $1,559,443.59 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.12 Final Acceptance of Bid No. 123 -33; Emergency Power Generator for Fire Station
No. 4 performed by TSR Construction and Inspection; and authorization to file
the Notice of Completion with the County Recorder (No staff report required)
(A2100.0 Agr -5995)
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Company of Iowa, Bond No. 784374P in the amount of $87,400
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.13 Final Acceptance of Bid No. 123 -38; Water Division Warehouse Partial
Demolition Project performed by Atlas- Allied, Inc.; and authorization to file the
Notice of Completion with the County Recorder (No staff report required)
(A2100.0 Agr -6019)
ACTION: Accepted public work improvements; authorized release of The Ohio
Casualty Insurance Company, Bond No. 024046221, in the amount of $232,388.00 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)
January 14, 2014
3.14 Final Acceptance of Bid No. 123 -02; HSIP 3- Street Radar Feedback Signs Project
performed by Siemens Industry, Inc.; and authorization to file the Notice of
Completion with the County Recorder (No staff report required) (A2100.0 Agr-
5985)
ACTION: Accept public work improvements; authorize release of The Federal
Insurance Company & Fidelity and Deposit Company of Maryland, Bond No.
82326436/9128064, in the amount of $170,750.00 to the contractor on said job, and
authorize the Mayor and City Clerk to execute the Notice of Completion.
3.15 Final Acceptance of Bid No. 123 -01; HSIP 4- Street Radar Feedback Signs Project
performed by Siemens Industry, Inc.; and authorization to file the Notice of
Completion with the County Recorder (No staff report required) (A2100.0 Agr-
5984)
ACTION: Accepted public work improvements; authorized release of The Federal
Insurance Company & Fidelity and Deposit Company of Maryland, Bond No.
82326435/9128065, in the amount of $211,625.00 to the contractor on said job, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
(REMOVED AND HEARD SEPARATELY)
3.16 Award of Contract - Bid No.134 -15; Pipeline Replacement for Chapman Avenue
from Lemon Street to Grand Avenue. (A2100.0 Agr -6065)
Discussion — Public Works Director Joe DeFrancesco explained that the lowest bidder
withdrew their proposal due to a clerical error, and recommended awarding the bid to
the second low bidder, Atlas - Allied, Inc. He further responded to a question from
Councilmember Alvarez with the construction timelines and explained the urgency to
complete the project.
Councilmember Alvarez and Mayor Smith expressed the need to schedule the work
around the special events occurring in the downtown plaza area citing the important
economic benefit the businesses generate. They stated that the roads need to be
passable, and as many parking spaces as possible available.
MOTION
- Smith
SECOND
- Whitaker
AYES
- Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to accept the request for withdrawal from the lowest bidder (GRFCO), and
award contract to the second lowest bidder, Atlas- Allied, Inc, in the amount of
$411,499.00; and authorize the Mayor and City Clerk to execute the necessary
documents on behalf of the City.
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CITY COUNCIL MINUTES January 14, 2014
3. CONSENT CALENDAR (Continued)
PURCHASES
3.17 Award of Bid to Ewing Irrigation Products for the Purchase of Calsense
Irrigation Equipment for the Santiago Hills Landscape Assessment District, in the
amount of $158,420.48. (C2500.N)
ACTION: Awarded the bid to Ewing Irrigation Products for the purchase of Calsense
irrigation equipment.
REPORTS
3.18 Audited Financial Statements and Related Financial Reports for the Fiscal Year
ended June 30, 2013. (C2500.J.1.3)
ACTION: Approved.
RESOLUTIONS
3.19 RESOLUTION NO. 10756
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding between the City of Orange and the Orange Maintenance and Crafts
Employees Association (OMCEA) Effective July 1, 2013 through June 30, 2015.
(C2500.J.4.4)
ACTION: Approved the resolution and authorized staff to make the necessary budget
adjustments and/or appropriations to the departments' salary and benefit accounts to
fund the increased costs of the contract.
3.20 RESOLUTION NO. 10757
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Corporal Don Lockridge for More Than 22 Years of Loyal and Dedicated Service to
the City of Orange. (C2500.K)
ACTION: Approved.
STATE ORGANIZATION MEMBERSHIP
(REMOVED AND HEARD SEPARATELY)
3.21 City Membership in the League of California Cities. (OR1800.0.12.5)
Discussion — Councilmember Whitaker stated that he could not support the City's
membership in the League, adding that he sits on the board of the Association of
California Cities, Orange County, and promoted the events they sponsored. He stated
that he did not agree with the stand the League took on the redevelopment issue, nor on
their stand on funding of ballot measures for city bonds, nor their overall philosophy.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
January 14, 2014
Mayor pro tem Murphy agreed with Councilmember Whitaker and stated that the City
opposes much of the legislation the League supports.
Mayor Smith stated that only 12 cities in California were not members of the League,
Orange being one of them. She then requested the item be continued for further
review.
Councilmember Bilodeau stated he also did not agree with the League's stand on the
redevelopment issue. He stated that Orange was also not a member of Southern
California Association of Governments (SCAG) which he opined was a more valuable
membership than the League, citing the Regional Housing Needs Allocation (RHNA)
figures being determined by SCAG. He urged the City consider joining SCAG before
joining the League.
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to Continue to February 11, 2014.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.22 Agreement with Tierra West Advisors, Inc. to provide Consultant Services
Associated with the Wind -Down of the Former Orange Redevelopment Agency, in
an amount not -to- exceed $25,000.00. (A2100.0 Agr -6063)
ACTION: Approved the agreement and authorized the Executive Director to execute
on behalf of the Successor Agency.
MOTION - Alvarez
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Item 3.16 and 3.21 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH — None
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
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CITY COUNCIL MINUTES January 14, 2014
7. ADMINISTRATIVE REPORTS
7.1 Finance Director Employment Extension.
Discussion — City Manager John Sibley updated the Council on the recruitment for a new
Finance Director and explained the need for extending the employment of Mr. Jacobs until a
selection was made to replace him.
RESOLUTION NO. 10754 (C2500.J)
A Resolution of the City Council of the City of Orange Certifying the Need for the Immediate
Employment Extension of Finance Director Richard Jacobs.
MOTION
- Smith
SECOND
- Whitaker
AYES
- Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to: Approve Resolution No. 10754.
7.2 Cooperative Agreement between the City of Orange, the Successor Agency to the
Orange Redevelopment Agency, and the Orange County Transportation Authority
(OCTA) to Provide for Construction Funding for the Metrolink Parking Structure at the
Orange Transportation Center. (A2100.0 Agr -6064)
(See related Successor Agency of the Orange Redevelopment Agency Item No. 10.1)
NOTE: Councilmember Alvarez recused himself due to a potential conflict with property
ownership. Councilmember Whitaker recused himself due to a potential conflict with his
employment. They left the dais for both Items 7.2 and 10.1.
Discussion — The Council stated that this structure would add 600 parking spaces, with two
floors below ground and three above. They also thanked the funding agencies involved,
thanked OCTA for their sensitivity in following the Old Towne historic district design
standards, and commented on the benefits of three -years of careful planning.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Alvarez, Whitaker
Moved to: 1) Approve the agreement and authorize the Mayor and City Clerk to execute on
behalf of the City; 2) Accept into the City's revenue budget $16,700,000.00 from OCTA into
revenue Account No. 550.9810.45460.09005 (Reimbursable Capital Projects — Metrolink
Parking Structures); and 3) Authorize the appropriation of $16,700,000.00 into expenditure
Account No. 550.9810.56020.09005 (Reimbursable Capital Projects — Metrolink Parking
Structures).
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CITY COUNCIL MINUTES January 14, 2014
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
10.1 Cooperative Agreement between the City of Orange, the Successor Agency to the
Orange Redevelopment Agency, and the Orange County Transportation Authority
(OCTA) to Provide for Construction Funding for the Metrolink Parking Structure at the
Orange Transportation Center. (A2100.0 Agr -6064)
(See related Administrative Reports Item No. 7.2)
NOTE: Director Alvarez recused himself due to a potential conflict with property ownership.
Director Whitaker recused himself due to a potential conflict with his employment.
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Alvarez, Whitaker
Moved to: Approve the agreement and authorize the Chairperson and Agency Clerk to execute
on behalf of the Successor Agency.
NOTE: Councilmembers Whitaker and Alvarez returned to the dais.
11. PUBLIC HEARINGS
11.1 CITY OF ORANGE 2014 -21 GENERAL PLAN HOUSING ELEMENT,
GENERAL PLAN AMENDMENT NO. 2013-0002. (C2300.E GPA- 2013 -0002)
Time set for a public hearing to consider adoption of an updated General Plan Housing
Element in accordance with State law.
Discussion — Senior Planner Jennifer Le provided a staff report. She responded to questions
from Councilmember Bilodeau regarding the reduction in parking allowances associated with a
density bonus, stating that state law and the City's existing density bonus ordinance allow for a
waiver of parking standards or other concessions for constructing affordable units. Ms. Le also
clarified that the Housing Element Update describes the City's existing density bonus
ordinance but does not make any changes to it.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES January 14, 2014
11. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10755
A Resolution of the City Council of the City of Orange Making Certain Findings Related to
California Environmental Quality Act (CEQA) Compliance and Approving General Plan
Amendment No. 2013 -0002 Adopting the City of Orange 2014 -2021 General Plan Housing
Element.
Applicant: City of Orange
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10755.
12. PLANNING AND ENVIRONMENT
12.1 RE- EVALUATION OF THE NEIGHBORHOOD PARKING PERMIT PROGRAM
FOR AREA `S'. (S4000.S.3.1.2)
Re- evaluation report on the adoption of the Neighborhood Parking Permit Program for Area
`S', which was approved by the City Council on January 22, 2013. Area apartment owners and
tenants oppose the permit parking area and have requested the permit parking area be re-
evaluated and possibly modified.
Area S
1. Both sides of Poplar St. between Maple Ave. and the cul -de -sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. between Stevens St. to 2010 W. Maple Ave.
4. Both sides of Eckhoff St. between 130 -283 N. Eckhoff St.
Discussion — Public Works Director Joe DeFrancesco provided the staff report.
Speakers —
The following persons spoke in favor of keeping the Permit Parking Area:
Kenny VanErt, Elvira Lucky, Adolfo Perez, Laurie Southern, David Shaffer, Jeanette Sturm
The following persons spoke in opposition to the Permit Parking Area: Julia Araiza, Ray
Walls, Marilyn Silverstein, Idania Lopez, Socorro Montoya, Juana Herrera, Abraham
Castellanos.
The Council discussed the options available to address the issue and the cost of certain
solutions. The fact was stated that many residents do not park their cars in their garages.
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CITY COUNCIL MINUTES January 14, 2014
12. PLANNING AND ENVIRONMENT (Continued)
Public Works Director Joe DeFrancesco clarified that a resolution changing the parameters of
Parking Permit Area S would have to be placed on the next Council agenda to make any
changes official.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Modify the existing permit parking area "S" by removing the following spaces on Eckhoff
Street from the program:
1) Four spaces on the east side of Eckhoff Street from the southerly limit to West Arbor Way
(approximately 110 feet);
2) Five spaces on the east side of Eckhoff Street from 45 feet north of West Arbor Way end of
curb return to Maple Avenue (approximately 140 feet. It allows one parking space to
remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for
visibility);
3) Three spaces on the east side of Eckhoff Street north of Willow Avenue to the northerly
limit (approximately 70 feet); and
4) Two spaces on the west side of Eckhoff Street from the existing red curb north of Maple
Avenue to south of 206 N. Eckhoff Street driveway.
13. ADJOURNMENT — The City Council adjourned at 8:45 p.m.
The next Regular City Council Meeting will be held on Tuesday February 11, 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 January 14, 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.
4
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ERESA E. SMITH
MAYOR
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