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Council Minutes 11/12/13APPROVED BY THE CITY COUNCIL ON NOVEMBER 26, 2013 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING November 12, 2013 The City Council of the City of Orange, California convened on November 12, 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 Monsignor Douglas Cook, Rector, Holy Family Cathedral 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred M. Whitaker 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced that the Annual Tree Lighting Ceremony and Candlelight Choir Procession will be held on December 8, 2013, with festivities starting at 3:30 p.m. Introduction of the 2014 Miss Orange Contestants Presentation by St. Joseph's Hospital to Police Captain Dan Cahill Announcement of Memorial Adjournment for Judith Gail Whittaker 2. PUBLIC COMMENTS — John Baker — Thanked the City Council for the repairs made on the sidewalks on Arbor Way due to tree root damage and spoke on storm drain repairs. Jared Hardin, Hardin Auto Group — Asked the City Council to oppose a power plant planned near the border of Anaheim and Orange that would negatively affect Orange's businesses and residents in the area. Paee 1 CITY COUNCIL MINUTES November 12, 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 October 17, 24, and 31, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 22, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.4 Treasurer's Report for the Months of July, August, and September, 2013. (C2500.F) Discussion — City Treasurer Eric Woolery provided a report, stating the City's investments are in compliance with its investment policy. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to receive and file. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 First Amendment to Agreement with Chattel, Inc., to provide Customer Service for Historic Preservation Inquiries, Cases, Research, and Programs, in an amount not -to- exceed an additional $30,000.00, for a total contract amount of $60,000.00. (A2100.0 Agr- 6008.1) Pnoe 7 CITY COUNCIL MINUTES November 12, 2013 3. CONSENT CALENDAR (Continued) Discussion — In response to a question by Councilmember Bilodeau, City Manager John Sibley indicated that another search for a new director for the Community Development Department is in process, that the department is being reorganized, and that the Historic Planner's duties are being reviewed. In the meantime, the historic planning projects will be reviewed by Chattel Inc. MOTION - Bilodeau SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve the amendment and authorize the Mayor and City Clerk to execute on behalf of the City. 3.6 Agreement with Sharkey and Sharkey to Provide Forensic Consulting Services for the Police Department through June 30, 2014, in an amount not -to- exceed $64,000.00. (A2100.0 Agr- 6013.A) ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Appropriated $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). 3.7 First Amendment to Agreement with Moore, Iacofano, Goltsman, Inc. to provide Current and Advance Planning Assignments and to Prepare Planning Studies and Reports, in an amount not -to- exceed an additional $40,000.00, for a total contract amount of $70,000.00. (A2100.0 Agr- 6016.1) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 First Amendment to Agreement with Lucy Yeager & Associates to provide Current and Advance Planning Assignments and to Prepare Planning Studies and Reports, in an amount not -to- exceed an additional $20,000.00, for a total contract amount of $50,000.00. (A2100.0 Agr- 5676.A.1) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement with CSA Holdings, Inc., dba Sports Field Services, Inc., for Maintenance and Renovation Work to City Sports Fields as Directed, in the annual amount not -to- exceed $75,000.00. (A2100.0 Agr -6042) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. NQP. I CITY COUNCIL MINUTES November 12, 2013 3. CONSENT CALENDAR (Continued) 3.10 Agreement with Econolite Group, Inc. for Replacement of TMC Software and Upgrade of System Hardware, in the amount not -to- exceed $35,000.00 (A2100.0 Agr -6043) NOTE: Mayor pro tem Murphy abstained from this item due to a potential conflict of interest with his employment. ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 Attorney Services Agreement with Liebert Cassidy and Whitmore to provide Legal Services relating to Personnel Matters, in the amount not -to- exceed $70,000.00. (A2100.0 Agr- 1042.T) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.12 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. Frank Fazio ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.13 Award of Contract - Bid No. 134 -05; The Jungle Nursery, Inc. for Weed Abatement Services, in an amount not -to- exceed $102,750.00 for the balance of the Fiscal Year ending June 30, 2014. (A2100.0 Agr -6044) ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Appropriated $25,375.00 from the General Fund unreserved fund balance to Account No. 100.3012.51732 (Weed Abatement -City Lots); and 3) Appropriated $6,500.00 from the General Fund unreserved fund balance to Account No. 100.7022.51431 (Environmental Services, Landscape Maintenance -City Facilities). Pave 4 CITY COUNCIL MINUTES November 12, 2013 3. CONSENT CALENDAR (Continued) GRANTS 3.14 Award of Hazardous Materials Emergency Preparedness Grant to the Orange City Fire Department. (C2500.F) ACTION: 1) Accepted a grant award from the State of California, Governor's Office of Emergency Services, in the amount of $ 9,522.00 for the update of the Orange City Fire Department Hazardous Materials Area Plan; and 2) Approved a budget adjustment for FY 2013 -14, for grant revenue and expenditure, as follows: a) Increased revenue by $ 9,522.00 in Haz Mat Emergency Prep Grant, Account No. 100.3012.45495.12537; and b) Increased expenditure by $ 9,522.00 in Haz Mat Emergency Prep Grant, Account No. 100.3012.51670.12537. RESOLUTIONS 3.15 RESOLUTION NO. 10740 (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 3.16 RESOLUTION NO. 10741 (S4000.0) A Resolution of the City Council of the City of Orange Removing a Portion of Virage Street from the City Street System. ACTION: Approved SURPLUS PROPERTY 3.17 Sale of City -owned Surplus Real Property located at 1314 N. Cannon Street in the City of Orange to the Highest Responsive Bidder. (D4000.0) ACTION: Approved the sale of the property at 1314 N. Cannon Street to the highest responsive bidder; and authorized the Mayor and City Clerk to execute the necessary escrow and related documents. Sale price is $507,500.00. MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Items 3.4 and 3.5 were removed and heard separately. Mayor pro tem Murphy abstained on Item 3.10 due to a potential conflict of interest with his employment. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR Noe 5 CITY COUNCIL MINUTES November 12, 2013 4. REPORTS FROM MAYOR SMITH 4.1 Expiration of Councilmember Denis Bilodeau's appointment on the Orange County Vector Control District, effective December 31, 2013. Discussion — Mayor Smith stated she had received a letter from the Orange County Vector Control District informing the City that Councilmember Bilodeau's appointment is set to expire on December 31, 2013. She then stated that the Council could reappoint Councilmember Bilodeau, or appoint a new member, and that the term was flexible between two and four years. Councilmember Bilodeau stated he served at the pleasure of the Mayor, that his Council term would be up in one year, and that he was willing to serve if reappointed. Councilmember Whitaker stated his support for a two year term. Mayor Smith reminded that a member on this board could only be removed by resignation or term expiration. Councilmember Alvarez also supported the two year term. He stated he last served on this board in 1996, and offered his name as a possible appointee. Mayor Smith directed that the appointment be placed on the November 26 Council agenda. 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Whitaker — West Maple Avenue Parking Concerns. Discussion — Councilmember Whitaker stated an interest in conducting a public hearing to revisit the parking area that had been established on West Maple Avenue to consider necessary adjustments. The Council agreed with conducting a public hearing and made the point that there exists an established process on parking permit areas. Speakers — Ray Walls — Stated he never received notice of the public hearing. Julia Araiza — Stated not enough parking, and requested an easing of the restrictions. Nick Kahlon — Spoke against the process used for creating permit parking areas. Maria DeLaCruz — Stated not enough parking, and requested an easing of the restrictions. Marilyn Silverstein — Stated not enough parking, and requested elimination of the restrictions. Socorro Montoya — Stated not enough parking, and requested an easing of the restrictions. Councilmember Whitaker requested the Public Works Department provide all available options to address the parking problems. pave,. 6 CITY COUNCIL MINUTES November 12, 2013 5. REPORTS FROM COUNCILMEMBERS (Continued) MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to conduct a public hearing on January 14` to address the parking issues. The notice is to be sent to all of the originally noticed residents invited to the January, 2013 meeting. 5.2 Councilmember Bilodeau — For Discussion and Possible Action: Consider the appointment of Michael Merino to fill the vacant Planning Commission seat. Discussion — Councilmember Bilodeau reviewed Mr. Merino's military service, stating his desire to reappoint Michael Merino to the Planning Commission, who had requested a leave of absence from his position because he was called to military duty. He noted that Mr. Merino may still be on the Commission had he not been called for duty. He acknowledged the fine work of Bill Cathcart who filled the position while Mr. Merino was serving in the military. Councilmember Bilodeau made a motion to appoint Mr. Merino to the Planning Commission. Councilmember Alvarez stated that the Council's policy required all appointments to go through the Mayor's office. He also stated that his understanding was that the item could not be further discussed since it was not put on the agenda by the Mayor. City Attorney Wayne Winthers stated that the action at this meeting should not be to make the appointment, but to consider whether to agendize the appointment on a future agenda. He confirmed that all appointments are to be made through the Mayor who brings forward a nomination for the Council to consider. Speaker - Don Blake spoke on Mr. Merino's position on the Planning Commission being protected under the Sailors and Soldiers Act which was superseded by the Uniformed Service Employment and Reemployment Rights Act, and urged the City Council to appoint Mr. Merino to the Planning Commission. Councilmember Bilodeau stated that in light of the City Attorney direction on appointments, he was amending his motion to request the Mayor to bring forward Mr. Michael Merino for appointment to the Planning Commission. Mayor Smith gave several conditions that were affecting this issue: 1) When Mr. Merino left the Planning Commission, there was a different Council — there are two new Councilmembers since that time; 2) While he was away, his term expired; and 3) The military veterans code applies to elected, not appointed positions. She added that after Mr. Merino's five years of service on the Planning Commission she wanted to appoint somebody new to the Planning Commission. She also stated her support for, and honor of, veterans and rebutted Councilmember Bilodeau's intimation that she was disrespecting a veteran by not appointing Pave 7 CITY COUNCIL MINUTES November 12, 2013 5. REPORTS FROM COUNCILMEMBERS (Continued) Mr. Merino to this position. She reiterated the qualifications of a Planning Commissioner, and restated her desire to appoint somebody new to the Planning Commission. In response to a question by Councilmember Bilodeau, Mayor Smith reported that she served as a Planning Commissioner for 13 years at the pleasure of two mayors. The Mayor reiterated Mr. Bilodeau's motion for appointment of Mr. Merino to the Planning Commission and called for a second to the motion. There was no second offered to the motion. THE MOTION DIED FOR LACK OF A SECOND 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None NOTE: COUNCILMEMBER BILODEAU LEFT THE DAIS 7. ADMINISTRATIVE REPORTS 7.1 Budget Adjustments — FY 2013 -2014 Mid -Year CIP Amendment for Addition of a Continuous Deflective Separation (CDS) Unit. (C2500.J.1.1) MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved to: 1) Accept into the City's revenue budget an $111,750.00 grant from Orange County Transportation Authority, into Revenue Account No. 550.5022.45495.30022, (Capital Projects — Grant Revenue); 2) Authorize the appropriation of $111,750.00 into expenditure Account No. 550.5022.56330.30022, (Capital Projects - Installation of CDS Unit in Shaffer St.); 3) Authorize the appropriation of $37,250.00 from the Sanitation and Sewer unreserved fund balance to expenditure Account No. 220.5022.56330.30022, (Sanitation and Sewer — Installation of CDS Unit in Shaffer St.); and 4) Adopt an amended Renewed Measure M Capital Improvement Program for FY 2013 -14 through FY 2019 -20 to add the CDS Unit at Santiago Creek Project site. PaoP R CITY COUNCIL MINUTES November 12, 2013 8. REPORTS FROM CITY MANAGER — Councilmember Alvarez asked the City Manager to bring back a six month progress report on Police activity involving Chapman University students relating to the party ordinance. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 14 -13 (FIRST 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. Note: Councilmember Whitaker clarified with the City Attorney that he did not have a conflict of interest due to a client of his law firm being located on Grove Avenue. MOTION - Alvarez SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved that Ordinance No. 14 -13 be read by title only and same was set for second reading by the preceding vote. 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 Adoption of the California Building and Fire Codes. (A2500.0 Ord- 15 -13; Ord - 16-13 Fire & Building Codes) Time set for a public hearing to consider adoption of the 2013 California Building Code, the 2013 California Fire Code, and portions of the 2012 International Fire Code. Discussion — Fire Chief Pat Dibb provided a staff report. In response to questions by the Council, Fire Marshal Ian MacDonald stated that the changes would not affect the International Street Fair. THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. Pave 9 CITY COUNCIL MINUTES November 12, 2013 11. PUBLIC HEARINGS (Continued) NOTE: COUNCILMEMBER BILODEAU RETURNED TO THE DAIS. ORDINANCE NO. 15 -13 (FIRST READING) 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 ABSTAINED - Bilodeau Moved that Ordinance No. 15 -13 be read by title only and same was set for second reading by the preceding vote. ORDINANCE NO. 16 -13 (FIRST READING) 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 - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy ABSTAINED - Bilodeau Moved that Ordinance No. 16 -13 be read by title only and same was set for second reading by the preceding vote. RESOLUTION NO. 10742 A Resolution of the City Council of the City of Orange Setting Forth Findings with Respect to Local Conditions within the City of Orange Justifying Modifications and Changes to the California Fire Code. MOTION - Murphy SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy ABSTAINED - Bilodeau Moved approval of Resolution No. 10742. Pane 10 CITY COUNCIL MINUTES November 12, 2013 12. RECESS TO CLOSED SESSION The City Council recessed at 6:15 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). NOTE: Item b was not discussed. 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): Vasquez v. Rackauckas, et. al. USDC Case No. SACV09 -1090 VBF (RNBx) 13. ADJOURNMENT — There was no 7:00 p.m. Session. The City Council adjourned at 7:15 p.m. in memory of Judith Gail Whittaker. The next Regular City Council Meeting will be held on Tuesday November 26, 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 12, 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. j�Y--E. MURPHY - ----J,, CITY CLERK /vt �f 4 , a TERESA E. SMI H MAYOR Pane 11