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09-09-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 14, 2014 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING SEPTEMBER 09, 2014 The City Council of the City of Orange, California convened on September 09, 2014, 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. ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 2. ORAL COMMUNICATIONS - None 3. EMPLOYEE RECOGNITION Recognition of Employee Service 4. ADJOURNMENT — The City Council adjourned at 5:00 p.m. The next Regular City Council Meeting will be held on Tuesday September 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 Rob Currington, Orange Villa Bible Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Mayor pro tem Fred M. Whitaker 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None SEPTEMBER 9, 2014 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Proclamation for Alzheimer's Month Presentation of Retirement Resolution to Gregg Treloar, Combination Building Inspector Announcement of a Memorial Adjournment for David Statton, a 13 year City Employee Announcement of a Memorial Adjournment for Famed Muralist, Emigdio Vasquez 2. PUBLIC COMMENTS Kimberly Bottomley — Thanked the City Council and City staff for helping with the liquid amber trees on the west side of town. Matt Laterielo — Spoke concerning the condition of streets on the east side of town. PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR SEPTEMBER 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.A CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated July 31, August 7, 14, 21, 28, and September 4, 2014. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of August 12, 2014. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report, period ending August 31, 2014. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS 3.5 Lease Agreement with V & E Tree Service, Inc. to Ground Lease a portion of Water Well Site No. 1, known as "Batavia ", located at 2443 North Batavia Street. (A2100.0 Agr -6145) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.6 Appropriation of $22,500.00 from the TSIP Area B Fund 284 into Project No. 30012, Tustin/Lincoln Intersection Widening. (S4000.S.7) ACTION: Authorized the appropriation of $22,500.00 from the TSIP Area B Fund (284) unreserved fund balance to Expenditure Account No. 284.5011.56330.30012 (Capital Projects — Tustin St. and Lincoln Ave. Intersection Widening). PAGE 3 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 3. CONSENT CALENDAR (Continued) BIDS 3.7 Bid No. 145 -17; Annual Concrete Replacement at Various Locations Phase 1, Fiscal Year 2014 -15. Approval of plans and specifications and authorization to advertise for bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Concrete Replacement at Various Locations Phase I, FY 2014 -15. 3.8 Bid No. 145 -03; Approval of Plans, Specifications, and Estimates (PS &E), and request authorization to advertise for construction bids for the intersection of Glassell Street and Palm Avenue Traffic Signal Installation Project. (S4000.S.7) ACTION: Approved the PS &E, and authorized the advertising for construction bids for the Glassell St. and Palm Ave. Traffic Signalization Project. 3.9 Award of Bid 134 -17; Purchase of Two Miscellaneous Half -ton Vehicles from Ford of Orange for the Public Works Department at a cost of $46,872.80. (C2500.M) NOTE: Councilmember Murphy abstained for this item due to a potential conflict with employment. ACTION: Approved the purchase and authorized the City Manager to surplus the replaced vehicles. 3.10 Agreement with C.S. Legacy Construction Inc., for an amount not -to- exceed $337,809.00 for Landscape Renovation Services per Bid 145 -08; Grijalva Park Sport Center Landscape Renovation. (A2100.0 Agr -6149) ACTION: 1) Appropriated $159,152.00 from unreserved fund balance in Fund 511 (Park Acquisition and Development) to Account No. 511.7021.56020.11606 (Gymnasium/Sports Center); and 2) approved agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 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. Darlene Catuara b. Kari Moschetti c. Carol Ogilvie d. Brian Anderson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 4 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 3. CONSENT CALENDAR (Continued) CONTRACTS 3.12 Contract Change Order No. 1: Bid No. 134 -22; Annual Pavement Maintenance at Various Locations, Fiscal Year 2013 -14. (A2100.0 Agr -6087) ACTION: Approved Contract Change Order No. 1 in the amount of $400,000.00 to R.J. Noble Company. 3.13 Final Contract Change Order: Bid No. 134 -11; Chapman Avenue Improvements Project. (A2100.0 Agr -6082) ACTION: Approved Final Contract Change Order in the amount of $62,802.21 to Bannaoun Engineers Constructors Corporation. GRANTS 3.14 FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) for the Purchase of Electronic Stakeout GPS Devices. (A2100.0 Agr- 4654.I) ACTION: 1) Authorized the City Manager or his designee to execute the agreement between the City and the County of Orange for $12,077.00 in FY 2014 JAG funds, including the allocations to both the County and PROACT; 2) Accepted into the City's revenue budget $9,782.00 from the County of Orange into Revenue Account No. 353.4011.45150.30003, (Federal Grants -2014 JAG); 3) Appropriated $9,782.00 from Account No. 353.4011.45150.30003, (Federal Grants -2014 JAG), to Account No. 353.4031.55131.30003, (Federal Grants - Equipment -2014 JAG), for the purchase of electronic stakeout GPS devices; and 4) Authorized the purchase of electronic stakeout GPS devices from 3SI Security Systems, Inc. as a sole source vendor in the amount of $9,329.20. PROJECTS 3.15 2014 -2015 Mid -Year CIP Amendment for Project W of the Comprehensive Transportation Funding Program, for the Installation of New Shelters, Benches and Trash Receptacles at Seven Orange County Transportation Authority (OCTA) Bus Stop Locations in the City of Orange. (C2500.J.1.1) ACTION: Authorized the amendment of the 2014 -2015 CIP to include the addition of the Project W Bus Stop Improvements for the following locations: 1. Southbound The City Drive far side City Way 2. Northbound The City Drive far side Dawn Way 3. Southbound Main Street far side Katella Avenue 4. Southbound Main Street far side Chapman Avenue 5. Orange Transportation Center at Dock No. 1 6. Southbound Main Street far side La Veta Avenue 7. Southbound Tustin Street at East Village Way (Zone 4) PAGE 5 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 3. CONSENT CALENDAR (Continued) PURCHASES 3.16 Increase Purchase Amount by $14,500.00, for a total amount not -to- exceed $64,500.00, for the Purchase of Ballistic Protective Helmets for the Orange City Fire Department with Keystone Uniforms O.C. (C2500.H) ACTION: Approved. 3.17 Purchase of Fourteen Cardiac Monitor/Defibrillators from Zoll Medical Corporation, in the amount of $373,658. (C2500.H) ACTION: Approved the transfer of $23,658 from 120.3022.55131.00000 to 120.3022.56032.20160; and authorized the purchase. RESOLUTIONS 3.18 RESOLUTION NO. 10779 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Repealing Resolution No. 10333 and Approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Association Concerning Wages, Salaries, and Other Terms and Conditions of Employment Effective July 1, 2012 through June 30, 2015. ACTION: Approved. 3.19 RESOLUTION NO. 10813 (C2500.G.2.0) A Resolution of the City Council of the City of Orange Expressing Appreciation to Gregg Treloar of the Community Development Department and Commending him for more than Fifteen Years of Loyal and Dedicated Service. ACTION: Approved. 3.20 RESOLUTION NO. 10814 (S4000.S.4) A Resolution of the City Council of the City of Orange Summarily Vacating a Portion of Meats Avenue, Southwest of Longridge Drive as Excess Right of Way that is No Longer Needed by the Public for Street Purposes and Ordering the Vacation Thereof and Reserving All Public Utility Easements. ACTION: Approved. PAGE 6 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 3. CONSENT CALENDAR (Continued) 3.21 RESOLUTION NO. 10815 (A2100.0 Agr -6146) A Resolution of the City Council of the City of Orange Approving the Execution and Delivery of a Bond Proceeds Funding Agreement between the Successor Agency of the Orange Redevelopment Agency and the City of Orange and Taking Certain Related Actions. (See related Consent Calendar Item No. 3.24) ACTION: Approved and authorized the Mayor and City Clerk to execute the Bond Proceeds Funding Agreement. 3.22 RESOLUTION NO. 10817 (A2500.0) A Resolution of the City Council of the City of Orange Adopting the Biennial Revisions to Employee Positions and Titles in the Conflict of Interest Code for the City of Orange. ACTION: Approved. 311. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY (REMOVED AND HEARD SEPERATELY) 3.23 RESOLUTION NO. SAORA -016 (SA1000.0) A Resolution of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule (ROPS) and related Administrative Budget for the period covering January 1, 2015 through June 30, 2015 pursuant to Section 34177(1)(2)(A) of the California Community Redevelopment Law. MOTION - Smith SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau MOVED TO: 1) Approved Resolution No. SAORA -016 and direct Successor Agency Clerk to record previously stated City Council abstentions and reasons therefore as part of the minutes; and 2) directed staff to transmit ROPS 14 -15B and related Administrative Budget to the Oversight Board of the Successor Agency to the Orange Redevelopment Agency. Abstentions: Director Bilodeau: Item 1 I — (Orange County Sewer user Fees) due to his employment with the County of Orange Director Whitaker: Item No. 7 — (Southern Counties Oil) due to SC Fuels as a law firm client Item No. 27 -29 — (Metrolink Parking Structure) due to Metrolink as a law firm client Item No. 51 -52 - (Metrolink Parking Structure) due to Metrolink as a law firm client Item No. 53 - (OCTA) due to Metrolink as a law firm client Item No. 73 - (Tierra West) due to Metrolink as a law firm client Item No. 82 — (Reserve from ROPS2) due to Metrolink as law firm client PAGE 7 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 3. CONSENT CALENDAR (Continued) Director Alvarez: Item No. 15 -16 — (Royer & South Grand Apartments) due to property ownership nearby Item No. 18 — (Property Maintenance) due to property ownership nearby Item No. 21 — (CAM) due to property ownership nearby Item No. 27 -29 - (Metrolink Parking Structure) due to property ownership nearby Item No. 51 -53 - (Metrolink Parking and OCTA) due to property ownership nearby Item No. 73 - (Tierra West) due to property ownership nearby Item No. 75 — (Azteca) due to property ownership nearby Item No. 82 — (Reserve from ROPS2) due to property ownership nearby Item No. 105 - (Metrolink Parking Structure) due to property ownership nearby (Renumbered Item from ROPS 13 -14 A & B - Item 30) Item No. 100 -102 - (Property Maintenance) due to property ownership nearby (Renumbered Item from ROPS 13 -14 A - Item 18) Item No. 110, 112 -116 - (Property Maintenance) due to property ownership nearby (Renumbered Item from ROPS 13 -14 A - Item 18) Item No. 118 - (CAM) due to property ownership nearby (Renumbered Item from ROPS 13- 14A-Item 21) 3.24 RESOLUTION NO. SAORA -015 (A2100.0 Agr -6146) A Resolution of the City Council of the City of Orange, Acting as the Legislative Body of the Successor Agency to the Orange Redevelopment Agency Approving the Execution and Delivery of a Bond Proceeds Funding Agreement between the Successor Agency and the City of Orange and Taking Certain Related Actions. (See related Consent Calendar Item No. 3.21) ACTION: Approved Resolution No. SAORA -015 and authorized the Chairperson and Agency Clerk to execute the agreement on behalf of the Agency. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Item 3.9 Councilmember Murphy abstained due to a potential conflict with employment. Item 3.23 was removed and heard separately, and approved with noted abstentions. All other items were approved as recommended. END OF CONSENT CALENDAR PAGE 8 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 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. MOTION - Smith SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to continue to a later date. 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-14 (SECOND READING) (A2500.0 Ord -03 -14 Sex Offenders) An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange Municipal Code Regarding Registered Sex Offenders. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy NOES - Bilodeau Moved that Ordinance No. 03 -14 be read by title only and same was approved and adopted by the preceding vote. PAGE 9 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) SEPTEMBER 9, 2014 9.2 ORDINANCE NO. 05 -14 (FIRST READING) (A2500.0 Ord -05 -14 Water Conservation) A Ordinance of the City Council of the City of Orange Establishing a Water Conservation and Water Supply Shortage Program and Regulations thereto. DISCUSSION — It was noted that this Ordinance meets the State requirements for water conservation. The Council spoke in support of the water conservation aspect to the Ordinance, but were concerned about the civil penalty section that could impose misdemeanor penalties for violators. The Council asked the City Attorney to remove civil penalty section B from the Ordinance and tasked the City Attorney with creating a compliant administrative appeals process. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 05 -14 be read by title only and same was set for second reading by the preceding vote with the removal of the Civil Penalties section B. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 ORANGE CAR WASH, INC. CONDITIONAL USE PERMIT NO. 2923 -13 — ABC TYPE 20 LICENSE. (C3300.0 CUP 2923 -13) Time set for a public hearing to consider a request for an Alcoholic Beverage Control (ABC) Type 20 (Off -Sale Beer and Wine - Package Store) License for an existing convenience market of a service station /car wash located at 1405 West Chapman Avenue. Applicant: Orange Car Wash, Inc. The Council confirmed with staff that the city's code requires an alcohol license at a gas station be heard before the City Council; and that the State Alcoholic Beverage Control Office sets the hours of operation limits. THE MAYOR OPENED THE PUBLIC HEARING Sherry Olson, speaking on behalf of the Applicant, asked the Council to approve the license. THE MAYOR CLOSED THE PUBLIC HEARING PAGE 10 CITY COUNCIL MINUTES SEPTEMBER 9, 2014 11. PUBLIC HEARINGS (Continued) Councilmember Alvarez noted that alcohol sales and car wash facilities do not mix. Mayor Smith opposed the license because alcohol should not be available at gas stations. RESOLUTION NO. 10816 A Resolution of the City Council of the City of Orange Approving Conditional Use Permit 2923 -13 Establishing an Alcoholic Beverage Control Type 20 (Off -Sale Beer & Wine — Package Store) License in an Existing Convenience Market of a Service Station /Car Wash Establishment on the Property Located at 1405 West Chapman Avenue. MOTION - Whitaker SECOND - Murphy AYES - Whitaker, Murphy, Bilodeau NOES - Alvarez, Smith Moved to approve Resolution No. 10816 12. ADJOURNMENT The City Council adjourned at 7:45 p.m. in Memory of David Statton a 13 -year City employee and in memory of Emigdio Vasquez, the famed muralist. The next Regular City Council Meeting will be held on Tuesday October 14, 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 September 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. rn 1 Vl . MURPHY CITY CLERK <v �5 OLL TERESA E. SMITH MAYOR PAGE 11