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Council Minutes 12/10/13APPROVED BY THE CITY COUNCIL ON JANURARY 14, 2014 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING December 10, 2013 The City Council of the City of Orange, California convened on December 10, 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 Dr. Martin Mosier, Associate Pastor, Main Place Christian Fellowship 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Denis R. Bilodeau 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Proclamation to Frank Esposito, recipient of the Orange City Fire Department's Citizen Life Saving Award Presentation of Donation by Councilmember Alvarez to Orange High School Jr. ROTC 2. PUBLIC COMMENTS — Martha Espiritu, Community Service Programs, Inc., spoke on their PATH program to reduce alcohol and other drug impaired driving in the City through education, training, and community collaboration. Page 1 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR 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 21 and November 27, 2013. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.2 City Council Minutes, Regular Meeting of November 26, 2013. (C2500.D.4) Mayor Smith spoke on some corrections needed in Item 5.1. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to continue to January 14, 2014. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS Discussion regarding the Mills Act Contracts — Items 3.4 through 3.12: Councilmember Bilodeau spoke on the positive benefits to the properties that are involved in the Mills Act program, and noted the vacancy of the historic planner position. He also asked staff to clarify the program requirements that the City must audit the files and perform a yearly inspection of the exterior of the homes. Interim Community Development Director Greg Hastings confirmed that the property owners provide a report every year to the City and that the inspections are occurring annually according to state law. He stated that the property owners pay a $35.00 fee every year. Responding to a question by the Mayor, Mr. Hastings stated that there is a contract employee filling the historic planner position at the present time. PAGE 2 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR (Continued) Councilmember Bilodeau referenced a previous discussion regarding he and Mayor Smith meeting with the Old Towne Preservation Association to consider ways to improve, and /or expand the program and that it would be a good idea to see what other cities are doing with their programs. He summarized by stating his need to know where the City is at and where it is going with the program and the financial ramifications to the City. Mayor Smith stated that once the historic planner position is filled, that would be a good time to resume the discussion. She added that the improvements to these homes raises the home values in the entire historic district, and that much of the supplies for repair and improvements are purchased in the City adding to the sales tax revenue. 3.4 Mills Act Contract No. MAC - 223.0 -13 (Historic Property Preservation Agreements) 667 South Grand Street. (A2100.0 Agr -6049) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.5 Mills Act Contract No. MAC - 224.0 -13 (Historic Property Preservation Agreements) 141 South Harwood Street. (A2100.0 Agr -6050) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.6 Mills Act Contract No. MAC - 225.0 -13 (Historic Property Preservation Agreements) 539 East Washington Avenue. (A2100.0 Agr -6051) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.7 Mills Act Contract No. MAC - 226.0 -13 (Historic Property Preservation Agreements) 246 South Cypress Street. (A2100.0 Agr -6052) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. PAGE 3 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR (Continued) 3.8 Mills Act Contract No. MAC - 227.0 -13 (Historic Property Preservation Agreements) 521 East Palmyra Avenue. (A2100.0 Agr -6053) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.9 Mills Act Contract No. MAC - 228.0 -13 (Historic Property Preservation Agreements) 576 East Van Bibber Avenue. (A2100.0 Agr -6054) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.10 Mills Act Contract No. MAC - 229.0 -13 (Historic Property Preservation Agreements) 272 South Orange Street. (A2100.0 Agr -6055) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.11 Mills Act Contract No. MAC - 230.0 -13 (Historic Property Preservation Agreements) 272 North Waverly Street. (A2100.0 Agr -6056) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.12 Mills Act Contract No. MAC - 231.0 -13 (Historic Property Preservation Agreements 725 East Palm Avenue. (A2100.0 Agr -6057) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.13 Agreement between the California Insurance Pool Authority (CIPA) and Keenan and Associates for Third Party Administration of the City of Orange Worker's Compensation Program. (A2100.0 Agr- 0233.H) PACE 4 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR (Continued) ACTION: 1) Approved the three year agreement between CIPA and Keenan and Associates; and 2) Cancelled CIPA's agreement with AdminSure, effective February 14, 2014. 3.14 Agreement with Common Area Maintenance Services (CAM Services) providing for the Assignment of Maintenance of Property Located at the Orange Transportation Center. (A2100.0 Agr- 5420.4) Note: Councilmember Whitaker recused himself from this item due to a possible conflict of interest with his employment. ACTION: 1) Authorized the appropriation of $51,650.54 from General Fund unreserved fund balance to expenditure Account No. 100.7022.51700.00000 (Environmental Services - Contractual Services); and 2) Approved the Assignment of the Agreement between the City of Orange and CAM Services for maintenance of assets formerly owned by the Successor Agency upon transfer of these assets to the City of Orange; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.15 Cooperative Agreement No. C -3 -2007 by and between Orange County Transportation Authority (OCTA), County of Orange and the Cities of Orange and Tustin for the Implementation of the Newport Avenue /Boulevard (North) Project funded as part of the Measure M2 Regional Traffic Signal Synchronization Program (Project P). (A2100.0 Agr -6058) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.16 Bid No. 134 -15; Pipeline Replacement for Chapman Avenue from Lemon Street to Grand Avenue. Approval of plans and specifications and authorization to advertise for bids. (C2500.P) ACTION: Approved plans and specifications and authorized advertising for bids for the Pipeline Replacement for Chapman Avenue from Lemon Street to Grand Avenue. 3.17 Bid No. 134 -16; Annual Concrete Replacement at Various Locations, Fiscal Year 2013 -14. 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, FY 2013 -14 Project. PAGE 5 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR (Continued) 3.18 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. Gabriela Horn b. Jane Williams ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.19 Award of Contract - Bid 123 -37; Rancho Santiago Boulevard Bike Trail Rehabilitation. (A2100.0 Agr -6059) ACTION: Awarded the contract to Ben's Asphalt, in the amount of $145,200.00; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.20 Award of Contract - Bid No. 134 -12; Fire Headquarters Security Gates Project. (A2100.0 Agr -6060) ACTION: Awarded the contract to Fast -Track Construction Corporation, in the amount of $48,750.00; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.21 Contract Change Order No. 2 and Final: Bid No. 123 -20, (Proposition 1B) State - Local Partnership Program: Jamboree Road Rehabilitation Project. (A2100.0 Agr -5992) ACTION: Approved Contract Change Order No. 2 and Final in the amount of $160,000.00. 3.22 Final Acceptance of Bid No. 123 -24; Annual Paving Maintenance Project at Various Locations, FY 2012 -2013 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 -5980) ACTION: Accepted public work improvements, authorized release of Western Surety Company of South Dakota, Bond No. 58703937 in the amount of $2,842,495.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL MINUTES December 10, 2013 3. CONSENT CALENDAR (Continued) REPORTS 3.23 Extension of HOME Investment Partnerships (HOME) Funding Commitment for Santa Ines Senior Villas. (C2500.G.1.9) ACTION: Authorized the City Manager to execute the commitment letter extending the commitment of HOME funds in the amount of $928,387.00 for the Santa Ines Senior Villas to July 12, 2014. RESOLUTIONS 3.24 RESOLUTION NO. 10747 (C2500.J.4.4.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Water Division Employees' Association (WEDA) Effective July 1, 2013 through June 30, 2015. ACTION: Approved Resolution No. 10747 and authorize 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. 3.25 RESOLUTION NO. 10748 (C2500.J.4.5) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Municipal Employees' Association (OMEA) Effective July 1, 2013 through June 30, 2015. ACTION: Approved Resolution No. 10748 and authorize 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. 3.26 RESOLUTION NO. 10752 (C2500.J.4.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Management Association (OMA) Effective July 1, 2013 through June 30, 2015. ACTION: Approved Resolution No. 10752 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. PAGE 7 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MOTION - Alvarez SECOND - Smith AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy December 10, 2013 Item 3.2 was continued to January 14, 2014. Councilmember Whitaker recused himself on Item 3.14 due to a possible conflict of interest with his employment. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — Mayor Smith commended the Community Services Department and City staff involved in coordinating the Christmas Tree Lighting and Candlelight Procession event for the very special event that it was. Councilmember Alvarez suggested that the event be broadcast on the City's website, on Facebook, as well as Channel 6. 5. REPORTS FROM COUNCILMEMBERS — Councilmember Bilodeau - 1) Stated that County Supervisor Moorlach publicly thanked Mayor Smith for her service on the Commission on Homelessness. 2) Stated that his Canadian cousin, who two years ago had appeared at an Orange Council meeting after several deployments to Afghanistan, had won a seat on his City's Council in Canada after being inspired by what he experienced on his visit to Orange. 3) Reported on his Vector Control District activities, and encouraged residents to take advantage of the district's free service (property owners pay a $5.00 fee per year on their tax bill) if they should have insect or rodent issues. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE R CITY COUNCIL MINUTES December 10, 2013 7. ADMINISTRATIVE REPORTS 7.1 2013 -2014 Mid -Year CIP Amendment for Addition of Tustin Street and Meats Avenue Intersection Dedicated Right Turn Lane Project. (C2500.J.1.1) Discussion — Public Works Director Joe DeFrancesco provided a staff report. Councilmember Alvarez confirmed with staff that the project includes funds for acquisition of property. He also confirmed that the Edison power poles will be relocated. MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to authorize the appropriation of $3.6 Million from Fund 284 TSIP into expenditure Account No. 284.5011.56330.30025, Capital Projects — Addition of dedicated right turn lane on northbound Tustin St. 7.2 Acceptance of Transfer of Successor Agency Assets to the City. (SA1000.0) (NOTE: Successor Agency Item 10.1 was considered prior to this item) 1) RESOLUTION NO. 10749 — A Resolution of the City Council of the City of Orange Authorizing the Acceptance of the Conveyance of Certain Public Park Properties from the Successor Agency to the Orange Redevelopment Agency and Taking Certain Related Actions. 2) RESOLUTION NO. 10750 — A Resolution of the City Council of the City of Orange authorizing the Acceptance of the Conveyance of Certain Roadway Properties from the Successor Agency to the Orange Redevelopment Agency and Taking Certain Related Actions. 3) RESOLUTION NO. 10751 — A Resolution of the City Council of the City of Orange Authorizing the Acceptance of the Conveyance of Certain Governmental Use Properties from the Successor Agency to the Orange Redevelopment Agency and Taking Certain Related Actions. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to: 1) Approve Resolution No. 10749 2) Approve Resolution No. 10750 3) Approve Resolution No. 10751 4) Authorize the Mayor and City Clerk to execute all necessary documents PACE 9 CITY COUNCIL MINUTES December 10, 2013 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Approval of a Loan and Reimbursement Agreement between the City of Orange and the Successor Agency to the Orange Redevelopment Agency providing for the City in its capacity as the Housing Successor to advance Low and Moderate Income Housing Asset Funds to the Successor Agency in the amount of $1,438,924.00 for remittance to the County Auditor Controller. (A2100.0 Agr -6061) (See related Successor Agency Item 10.2) MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to: 1) Approve the Loan and Reimbursement Agreement between the City and the Successor Agency and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Appropriate $1,438,924.00 from the 921 Low /Moderate Income Housing unreserved fund balance to expenditure Account No. 921.9810.52611.00000 (Payment to Other Agencies). 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 10.1 Transfer of Successor Agency Assets to the City. (SA1000.0) (NOTE: This item was considered prior to Council Administrative Reports Item 7.2) Note: Per advice from the City Attorney, Councilmember Whitaker announced that he has no conflict of interest with this item due to his employment. Note: Per advice from the City Attorney, Councilmember Alvarez announced that he has no conflict of interest with this item due to property ownership. Discussion — Interim Economic Development Department Director Lisa Kim provided the staff report. PAGE 1n CITY COUNCIL MINUTES December 10, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY (Continued) 1) RESOLUTION NO. SAORA -010 — A Resolution of the Successor Agency to the Orange Redevelopment Agency Authorizing the Conveyance of Certain Public Park Properties to the City of Orange and Taking Certain Related Actions. 2) RESOLUTION NO. SAORA -011 — A Resolution of the Successor Agency to the Orange Redevelopment Agency Authorizing the Conveyance of Certain Public Roadway Properties to the City of Orange and Taking Certain Related Actions. 3) RESOLUTION NO. SAORA -012 — A Resolution of the Successor Agency to the Orange Redevelopment Agency Authorizing the Conveyance of Certain Governmental Use Properties to the City of Orange and Taking Certain Related Actions. MOTION - Smith SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to: 1) Approve Resolution No. SAORA -010 2) Approve Resolution No. SAORA -011 3) Approve Resolution No. SAORA -012 4) Authorize the Chairperson and Agency Clerk to execute all necessary documents 10.2 Approval of a Loan and Reimbursement Agreement between the City of Orange and the Successor Agency to the Orange Redevelopment Agency providing for the City in its capacity as the Housing Successor to advance Low and Moderate Income Housing Asset Funds to the Successor Agency in the amount of $1,438,924.00 for remittance to the County Auditor Controller. (A2100.0 Agr -6061) (See related Administrative Reports Item 7.3) Discussion — City Manager John Sibley stated that this action will ensure funding for low and moderate income housing, and protect the City's general fund from the State Department of Finance's Dissolution Act provision that puts tax revenue at risk. Interim Economic Development Department Director Lisa Kim provided the staff report. Councilmember Alvarez confirmed with staff that the low - income housing project at Meats Avenue, east of Tustin, is included in this funding; that the City's low- income housing projects are developed using high quality standards and the residents are required to meet strict guidelines; and that the church and the Serrano Woods complex have a mutual use agreement for amenities such as the community center built on former church property. PAGE 11 CITY COUNCIL MINUTES December 10, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY (Continued) MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to: 1) Approve the Loan and Reimbursement Agreement between the City and the Successor Agency and authorize the Chair to execute and the Agency Clerk to attest to the Agreement; 2) Accept into the Successor Agency to the Redevelopment Agency (SAORA) $1,438,924.00 in Account No. 940.20715 (SAORA - Due to Other Agencies); and 3) Authorize the appropriation of $1,438,924.00 into expenditure Account No. 940.9810.52611.00000 (SAORA — Payment to Other Agencies). 11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 12. RECESS TO CLOSED SESSION Note: City Attorney Wayne Winthers announced that there was no need for a closed session. The City Council did not recess to a Closed Session for the following purposes: a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): City of Orange, et. al. v. Michael Cohen, et. al. SCSC Case No. 34- 2013 - 80001653. 13. ADJOURNMENT — There was no 7:00 p.m. Session. The City Council adjourned at 5:35 p.m. The next Regular City Council Meeting will be held on Tuesday January 14, 2014, at 6:00 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of December 10, 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 said regular meeting; and available at the Civic Center City Clerk's Office. M URPI-f �ITY CLERK ERESA E. SMITH MAYOR PAGE 12