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Council Minutes 11/26/13APPROVED BY THE CITY COUNCIL ON JANURARY 14, 2014 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA November 26, 2013 The City Council of the City of Orange, California convened on November 26, 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. Orlando Barela, Sr. Pastor, Household of Faith 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced that the 19 annual Tree Lighting Ceremony will held on December 8, 2013, at 3:30 p.m. Recognition of Employee Service 2. PUBLIC COMMENTS — John Gallic — Orange County Grand Jury, spoke on the recruitment for next year's Grand Jury. Malik Azha — Spoke on taxi drivers suffering due to the Orange County Taxicab Administration Program regulations. Myrtle Turgasen Block — Spoke on the Citrus Street parking problems. PAGE1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR November 26, 2013 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 November 7 and November 14, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of November 12, 2013. (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 October 31, 2013. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS 3.5 Assembly Bill 109, the 2011 Public Safety Realignment Act, was implemented on October 1, 2011. The bill transferred responsibility for the incarceration, treatment and supervision of specified adult felons from the California Department of Corrections and Rehabilitation (CDCR) to each county under the Post - release Community Supervision (PCS) program. AB 109 contains a budget to fund overtime services for local agencies to assist counties with case management of these offenders. (A2100.0 Agr- 5908.B) ACTION: 1) Authorized the Mayor and City Clerk to execute the Memorandum of Understanding with the County of Orange for Public Safety Realignment and Post - release Community Supervision Enhanced Law Enforcement Overtime Services; 2) Accepted into the City's revenue budget $30,230.00 from the County of Orange into revenue Account No. 100.4031.45495.20159, (Post- release Community Supervision (PCS) Program); and 3) Appropriated $30,230.00 to Account No. 100.4031.50221.20159 (Detectives - Overtime Safety Post - release Community Supervision). PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) November 26, 2013 3.6 FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) for the Purchase of Computer Forensic Software and a Workstation. (A2100.0 Agr- 4654.11) NOTE: Mayor pro tem Murphy recused himself due to a potential conflict of interest with his employment. ACTION: 1) Authorized the City Manager or his designee to execute the agreement between the City and the County of Orange for $11,850.00 in FY 2013 JAG funds, including the allocations to both the County and PROACT; 2) Accepted into the City's revenue budget $10,190.00 from the County of Orange into revenue Account No. 353.4011.45150.30023, (Federal Grants -2013 JAG); 3) Appropriated $10,190.00 from Account No. 353.4011.45150.30023, (Federal Grants -2013 JAG), to Account No. 353.4031.55131.30023, (Federal Grants - Equipment -2013 JAG), for the purchase of forensic software and training; 4) Appropriated $12,910.00 of Federal Asset Seizure funds to Account No. 355.4031.55131.30023, (Federal Asset Seizure - Equipment -2013 JAG), for the balance of the purchase of the forensic software and workstation; 5) Authorized the purchase of forensic software from Access Data, as a sole source vendor, in the amount of $9,165.27; and 6) Authorized the purchase of a computer forensic workstation from Silicon Forensics, as a sole source vendor, in the amount of $13,934.62. BIDS 3.7 Bid No. 134 -10; Approval of plans and specifications, and request authorization to advertise for bids for Construction of Sewer Line Replacement at Various Locations Project, FY 2013 -14. (C2500.M.3) ACTION: Approved plans and specifications and authorized advertising for bids for Sewer Line Replacement at Various Locations Project FY 2013 -14. 3.8 Bid No. 134 -11; Approval of plans and specifications, and request authorization to advertise for bids for Construction of Chapman Avenue Improvement Project. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for Chapman Avenue Improvement Project. 3.9 Bid No. 134 -09; Approval of plans and specifications, and authorization to advertise for bids for Construction of the New Marywood Pump Station. (C2500.P.3) PAGE 3 CITY COUNCIL MINUTES November 26, 2013 3. CONSENT CALENDAR (Continued) ACTION: 1) Based on the City's independent judgment and analysis, found that the project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303 (New Construction); and 2) Approved plans and specifications and authorized advertising for bids for the New Marywood Pump Station. 3.10 Bid No. 134 -14; Approval of plans and specifications, and request authorization to advertise for bids for construction of the Maple Avenue Improvement Project. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Maple Avenue Improvement Project. 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. Richard Ashley b. Mercury Insurance Group subrogee for Alan Duong ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.12 Award of Contract - Bid No. 134 -07; to Bell Roof Company Inc., for Roof Coating at Various City Buildings, in the amount of $139,973.00. (A2100.0 Agr -6045) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Contract - Bid No. 134 -08; to SND Construction, Inc. for Feather Hill Drive Sub -drain Extension, in the amount of $35,017.00. (A2100.0 Agr -6046) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.14 Contract Change Order No. 1 and Final - Bid No. 123 -03; Annual Pipeline Renewal Project. (A2100.0 Agr -5929) ACTION: Approved Contract Change Order No. 1 in the amount of $124,822.50 to John T. Malloy, Inc. for additional work. PACE 4 CITY COUNCIL MINUTES November 26, 2013 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.15 RESOLUTION NO. 10743 (S4000.S.4) A Resolution of the City Council of the City of Orange Summarily Vacating a Portion of Chapman Avenue, North of Rampart Street 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. 3.16 RESOLUTION NO. 10744 (S4000.0) A Resolution of the City Council of the City of Orange Accepting Certain Roads and Streets into the City Street System. ACTION: Approved. 3.17 RESOLUTION NO. 10745 (C2500.J.4) A Resolution of the City Council of the City of Orange Regarding the 2013 Christmas Holiday Closure. ACTION: Approved. 3.18 RESOLUTION NO. 10746 (C2500.J) A Resolution of the City Council of The City of Orange Concerning the Measure M2 Expenditure Report for the City of Orange. ACTION: Approved. 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.19 Contract between the Successor Agency to the Orange Redevelopment Agency and Azteca Landscape for Annual Landscape Maintenance Services for Successor Agency Properties, in an amount not -to- exceed $20,000.00. (A2100.0 Agr- 5959.A) ACTION: Approved the contract and authorized the Chairperson and Successor Agency Clerk to execute on behalf of the Successor Agency. 3.20 Contract between the Successor Agency to the Orange Redevelopment Agency and Nieves Landscape, Inc. for Annual Landscape Maintenance Services for Successor Agency Properties, in an amount not -to- exceed $8,000.00. (A2100.0 Agr - 5919.13) ACTION: Approved the contract and authorized the Chairperson and Successor Agency Clerk to execute on behalf of the Successor Agency. 3.21 Contract between the Successor Agency to the Orange Redevelopment Agency and West Coast Arborists, Inc. for Annual Tree Trimming Services at Successor Agency Properties, in an amount not -to- exceed $8,000.00. (A2100.0 Agr- 5905.B) PAGE 5 CITY COUNCIL MINUTES November 26, 2013 3. CONSENT CALENDAR (Continued) ACTION: Approved the contract and authorized the Chairperson and Successor Agency Clerk to execute on behalf of the Successor Agency. 3.22 Lease Agreement between the Successor Agency to the Orange Redevelopment Agency and Chapman CBC, LLC providing for a Short -Term Lease of Three Buildings located at 123 -129 North Cypress Street. (A2100.0 Agr -6047) NOTE: Councilmember Whitaker recused himself due to a potential conflict of interest with his employment. ACTION: 1) Approved the Lease Agreement with Chapman CBC, LLC and Authorized the Chairperson and Agency Clerk to execute on behalf of the Successor Agency; and 2) Directed the Executive Director to transmit the Lease Agreement to the Oversight Board of the Successor Agency to the Orange Redevelopment Agency. MOTION - Bilodeau SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Mayor pro tem Murphy recused himself on Item 3.6 due to a potential conflict with his employment. Councilmember Whitaker recused himself on Item 3.22 due to a potential conflict with his employment. All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** 4. REPORTS FROM MAYOR SMITH Mayor Smith announced that she is calling for a review of the City's current veteran protection ordinance for Orange employees returning from active duty to determine if 1) it meets the Federal Uniform Service Employment and Reemployment Rights Act guidelines; and 2) does it mirror Supervisor Todd Spitzer's ordinance of 2001 at the County of Orange. She added that if it does not, she would like to start the proceedings to make it so. In addition, she called for three further enhancements to cover employees serving in elected and appointed positions: 1) Waive absenteeism rules of committees & elected office that currently do not allow the city's elected officials, appointed commissioners, or board members to be absent for more than three meetings; 2) Allow for short term replacements, or special appointments, to serve in place of City elected officials, appointed commissioners, or board members while they are on active military duty; 3) Guarantee reinstatement of elected officials, appointed commissioners, or board members if they return while their elected or appointed time is still active. PAGE 6 CITY COUNCIL MINUTES November 26, 2013 4. REPORTS FROM MAYOR SMITH (Continued) Mayor Smith further stated that as a daughter and wife of military veterans she feels strongly that all should be done for those called to, or returning from, military service. Mayor Smith continued with an explanation of the circumstances surrounding Captain Michael Merino not being re- appointed to the Planning Commission—mainly that over a year's time had elapsed from the time he returned from duty to the time his re- appointment was brought forward to the Council. Councilmember Whitaker stated support for the Mayor's proposed additions to the City's ordinance regarding employee military service, and strongly reaffirmed the City's continued support of veterans. Councilmember Alvarez clarified that during the review staff is to provide Council with what is, and what is not, being included in the changes. Mayor pro tem Murphy stated support for codifying anything that requires clarification relating to the support of employees involved in military duty. Councilmember Bilodeau stated he had announced at a press conference prior to the Council meeting that he was working on an update to mirror the Todd Spitzer County of Orange ordinance, and that he would provide his written draft to staff. He thanked the Mayor for bringing this forward and expressed he would support her motion. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to direct the City Attorney to draft an ordinance of the nature previously discussed and bring it back for further discussion and possible action at the January meeting. 4.1 Appointment to serve on the Vector Control District Board for a two year term. Mayor Smith offered the appointment of Councilmember Alvarez to the position for a two year term. She also thanked Councilmember Bilodeau for his six years of service on the board. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to appoint Councilmember Alvarez to the Vector Control District Board for a two year term through December, 2015. PACE 7 CITY COUNCIL MINUTES November 26, 2013 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Bilodeau requests a discussion and possible action concerning the Planning Commission vacancy. Discussion — Councilmember Bilodeau read a statement regarding his efforts to restore Captain Michael Merino to the current vacancy on the Planning Commission. He stated he received an outpouring of support from veterans and other groups in support of this action. He thanked the mayor for bringing forward an ordinance update to enhance benefits for deployed military personnel and returning veterans, and suggested they merge efforts for the common goal. He explained a further enhancement he proposes regarding terms that expire during a city commissioner's deployment which he referred to as a "caretaker provision ". He spoke of this issue addressing a higher principle to protect jobs and the status of the military personnel when they are deployed, and further stated that community leaders have a moral and ethical responsibility to protect them by ensuring that upon their return they are fully restored to the status quo. He stated regret for the perception that some have that the Council may be unpatriotic, and that he would defend the Council in this regard. He stated he never questioned any of the Council's support for the military or the ideals that they fight to protect. He then explained the process for City committee appointments being the Mayor's call, adding that the State legislature established this policy. He also spoke on the history of recent Council appointments, as well as the history of this particular position on the Planning Commission leading up to the vacancy. He then offered a compromise and requested the reinstatement of Captain Michael Merino to the Planning Commission for the next 12 months in recognition of the time he served in the military, adding that in that same time period his term on the City Council will end, and at that time Mr. Merino could be removed from the Planning Commission and the new councilmember would have the opportunity to offer up for appoint the person they desired on the commission. He further addressed Captain Merino's detractors and supporters, requesting everyone please remain respectful of the Mayor, the City Council, and Captain Merino during the Public Comments portion for Item 5.1. Mayor Smith shared her experience from her years on the Council of bringing forward appointees, and having them denied. She subsequently confirmed with the City Attorney the process of appointment of City Committee members. Speakers — Jim Marrone — Spoke in support of Michael Merino Bobby McDonald — Spoke in support of Michael Merino Nick Berardino — Spoke in support of Michael Merino Tom Davidson — Spoke in support of the Mayor's authority to appoint committee members Theresa Sears — Spoke in supports of the Mayor's authority to appoint committee members Deborah Pauly — Spoke in support of veterans Laura Thomas — Spoke in support of Michael Merino PAGE R CITY COUNCIL MINUTES November 26, 2013 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Smith addressed the Merinos in the audience, stating that the community valued their military service for their country and reminded of his military banner that flew in his honor in the plaza. She reiterated that at the last meeting the name of Mr. Merino was nominated for appointment, but the motion failed for lack of a second. She stated that subsequently no other name was offered by Councilmember Bilodeau. She added there were four applications on file for the position and motioned appointment of Mr. William Cathcart to the term he vacated. Term to expire on June 30, 2016. MOTION -Smith SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy ABSTAIN* - Bilodeau Moved that Mr. William Cathcart be appointed to the Planning Commission, term to expire June 30, 2016. * According to OMC Section 2.04.200 Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. 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. 14 -13 (SECOND READING) (A2500.0 Ord -14 -13 Speed Limits) An Ordinance of the City Council of the City of Orange Amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 14 -13 be read by title only and same was approved and adopted by the preceding vote. PAGE 9 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) November 26, 2013 9.2 ORDINANCE NO. 15 -13 (SECOND READING) (A2500.0 Ord -15 -13 2013 Building Code) An Ordinance of the City Council of the City of Orange Amending Title 15 of the Orange Municipal Code Adopting and Amending the 2013 Editions of the California Codes and Related Model Codes, with Appendices, Relating to the Building Codes. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy ABSTAIN - Bilodeau Moved that Ordinance No. 15 -13 be read by title only and same was approved and adopted by the preceding vote. 9.3 ORDINANCE NO. 16 -13 (SECOND READING) (A2500.0 Ord -16 -13 2013 Fire Code) An Ordinance of the City Council of the City of Orange Deleting Chapter 15.32, City of Orange Fire Code, in its Entirety and adding Chapter 15.32, Adopting and Amending the 2013 California Fire Code and Portions of the 2012 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy ABSTAIN - Bilodeau Moved that Ordinance No. 16 -13 be read by title only and same was approved and adopted by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL MINUTES November 26, 2013 11. RECESS TO CLOSED SESSION The City Council recessed at 5:45 p.m. to a Closed Session for the following purposes: 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: All Bargaining Units except Orange City Firefighters and Police (COPA). b. Conference with Legal Counsel — Potential Litigation — Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). 1) One potential case. c. 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. 12. ADJOURNMENT — The City Council adjourned at 6:30 p.m. There was no 7:00 p.m. Session. The next Regular City Council Meeting will be held on Tuesday December 10, 2013, at 4:30 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of November 26, 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. ROBER t ZORNADO CHIEF CLERK P%( 'L� TERESA E. SMITH MAYOR PAGE 11