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Council Minutes 05/12/15APPROVED BY THE CITY COUNCIL ON JUNE 9, 2015 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES MAY 12, 2015 The City Council of the City of Orange, California convened on May 12, 2015, at 5:00 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 5:00 P.M. SESSION 1. ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 2. ORAL COMMUNICATIONS — None 3. RECESS TO CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: Pham v. City of Orange, et al. Orange County Superior Court Case No. 30 -2014- 00734990 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Laura Kalty, Special Counsel, Mike Harary, Assistant Human Resources Director, Will Kolbow, Finance Director and Lisa Kim, Economic Development Manager. Employee Organizations: City of Orange Police Association, Orange Police Management Association, Orange City Firefighters, Orange Municipal Employees' Association, Water Division Employees' Association. 4. ADJOURN TO REGULAR MEETING: At 6:20 p.m., the City Council adjourned the Closed Session to its Regular Meeting on Tuesday, May 12, 2015, in the Council Chambers. CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION MAY 12, 2015 Given by Reverend Dayna Kinkade from First Christian Church of Orange. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith. 1.3 ROLL CALL PRESENT — Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT — None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Smith announced that personalized bricks can be purchased for placement at the Hart Park Bandshell. Mayor Smith announced that teen volunteers are needed for the Orange Public Library's Summer Reading Program for children, and the Friends of the Library summer sale is May 30, 2015. Presentation by the Community Foundation of Orange for the Foundation Games Proclamation Recognizing Public Works Week, May 17 — 25, 2015 2. PUBLIC COMMENTS Addison Adams — spoke about problems at the sand and gravel operation in East Orange. Karla Lopez del Rio, NeighborWorks Orange County — distributed a flyer and announced the 9 Annual OC Housing Summit scheduled on May 28, 2015. PAGE 2 CITY COUNCIL MINUTES 3. CONSENT CALENDAR MAY 12, 2015 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, April 9, 16, 23, and 30, 2015. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of April 14, 2015, and Adjourned Regular Meeting of April 28, 2015. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Treasurer's Report for January, February, and March 2015. (C2500F) ACTION: Received and filed. APPROPRIATIONS 3.5 Appropriation of designated grant funding received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Oil Payment Program. (C2500.M.1.1) ACTION: 1) Accepted into the City's revenue budget $38,621 in grant funding from CalRecycle and appropriated to the following revenue account number: 220.5022.45290.20251 Oil Payment Program Cycle 5 14 -15 $38,621 and 2) Authorized the appropriation of $38,621 into the following expenditure account numbers: 220.5022.50002.20251 Oil Payment Prg. Cycle 5 14 -15 — Salaries & Ben. 8,621 220.5022.51001.20251 Oil Payment Prg. Cycle 5 14 -15 — Contractual Serv. 20,000 220.5022.53001.20251 Oil Payment Prg. Cycle 5 14 -15 — Materials & Supp. 10,000 PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MAY 12, 2015 3.6 Appropriate additional funding to cover installation cost of CIP Project #30063, Electric Car Charging Station. (C2500.M) ACTION: Appropriated $10,000 from the unreserved AQMD (245) fund balance to CIP Project 245.5011.56020.30063 (Electric Car Charging Station). BIDS 3.7 Bid No. 145 -50; Asphalt Replacement at Various Locations for Fiscal Year 2015- 2016; and approval of specifications and authorization to advertise for bids. (S4000.S.7) ACTION: Approved specifications and authorized advertising for bids for the Asphalt Replacement at Various Locations for Fiscal Year 2015 -2016. 3.8 Bid No. 145 -53; Approval of plans and specifications, and request authorization to advertise for bids for construction of Sewer Line Replacement at Various Locations Project, FY 2014 -15. (C2500.M.3) ACTION: 1) Approved plans and specifications and authorized advertising for bids for Sewer Line Replacement at Various Locations Project, FY 2014 -15, and 2) Appropriated $500,000 from the Sanitation (220) unreserved fund balance to CIP Project 220.5011.56200.15508 (Sewer Line Replacement). 3.9 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. Marie Medina b. Bryan Garcia C. Robert Maynard d. Shashi Jalota ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.10 Award of Contract — Bid No. 145 -42; Fire Station Kitchen Improvements. (A2100.0 Agr -6223) ACTION: Awarded the contract in the amount of $95,220.00 to Frank Shariat General Engineering, and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) MAY 12, 2015 3.11 Award of Contract — Bid No. 145 -45; Lemon Street Storm Drain Improvement Project. (A2100.0 Agr -6224) ACTION: Awarded the contract in the amount of $130,767 to PALP, Inc. of Long Beach, CA, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.12 Award of Contract for Request for Proposal No. 145 -38 to provide Custodial Services for City Facilities. (A2100.0 Agr -6225) ACTION: Awarded an annual contract in a not -to- exceed (NTE) amount of $530,000.00, per fiscal year, to Ultimate Maintenance Services, Inc. for custodial services for City facilities for the following fiscal years; FY 2015 -16, 2016 -17, and 2017 -18; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Award of Contract — Bid No. 145 -47; Annual Pavement Maintenance at Various Locations, Fiscal Year 2014 -2015. (A2100.0 Agr -6226) ACTION: Awarded the contract in the amount of $3,864,175.00 to R.J. Noble Company, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.14 Award of Contract — Bid No. 145 -41; Eisenhower Park Booster Pump Installation. (A2100.0 Agr -6227) ACTION: Awarded the contract in the amount of $89,971.00 to Clean Cut Landscape, and authorized the Mayor and City Clerk to execute on behalf of the City. DETATCHMENTS (LAFCO) 3.15 Local Agency Formation Commission (LAFCO) Meyer Reorganization RO 15 -01 Application. (C2500.E) ACTION: Supported Local Agency Formation Commission Application RO 15 -01 for detachment of territory (395 sq. feet) from the City of Orange, proposed "Meyer Reorganization." PAGE 5 CITY COUNCIL MINUTES MAY 12, 2015 3. CONSENT CALENDAR (Continued) PURCHASES 3.16 Purchase of 85 Remington 870 Police Model shotguns for the Police Department from Pro Force Law Enforcement in the amount of $76,659. (C2500.K) ACTION: Authorized the appropriation of $69,027 from the Federal Asset Forfeiture Treasury Asset Fund unreserved fund balance to expenditure account 355.4021.55131.20129, Federal Asset Forfeiture, Equipment, Treasury Asset Fund, for the purchase of 85 Remington Police Model shotguns from Pro Force Law Enforcement and the cost of shipping the trade -in weapons to Pro Force's Arizona corporate office. RESOLUTIONS 3.17 RESOLUTION NO. 10861 (S4000.S.7) A Resolution of the City Council of the City of Orange approving a low impact development retrofit project at the Orange County (OC) Public Works Glassell Campus to be funded by the Orange County Flood Control District. ACTION: Approved. 3.18 RESOLUTION NO. 10862 (L1200.0) A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 86 -2 (Santiago Hills) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2015 -2016; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86 -2 (Santiago Hills). NOTE: Councilmember Nichols recorded an abstention due to a nearby property interest. ACTION: Approved. 3.19 RESOLUTION NO. 10863 (L1200.0) A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2015 -2016; to set a time and place for a Public Hearing to receive public testimony on the foregoing matters; and to give preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing). ACTION: Approved. PAGE 6 CITY COUNCIL MINUTES MAY 12, 2015 3. CONSENT CALENDAR (Continued) VOTING DESIGNEE 3.20 Designation of Alternate Board Member for the Metro Cities Fire Authority. (OC1300.A) ACTION: Designated Deputy City Manager as the City's alternate voting board member to the Metro Cities Fire Authority. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Councilmember Nichols recorded an abstention on Item 3.18. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH 4.1 Consideration of Appointments to Boards and Commissions. MOTION — Smith SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to appoint Mrs. Marva Hitchcock to the Orange Public Library Board of Trustees. 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept the Resignation of Patricia Buttress from the Planning Commission, Effective May 31, 2015; Post Vacancy Notice Pursuant to the Maddy Act. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to accept the resignation of Patricia Buttress, effective May 31, 2015, from the Planning Commission and post the Notice of Vacancy. PAGE 7 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS MAY 12, 2015 7.1 Review of the current Neighborhood Parking Permit Program Policy. (S4000.S.3.1.2) Public Works Director Joe Defrancesco provided a staff report utilizing a PowerPoint Presentation, noting there are currently 21 permit parking areas, and various intrusions which result in parking issues, such as institutional, recreational, business and multi- family units. City Attorney Wayne Winthers suggested that Council vote on whether to continue with the Permit Parking Program before moving forward. Public Speaker John Salat — discussed the lack of parking available for multi - family tenants in his rental units. Discussion Council discussed creating a process for multi - family housing residents to petition to be included or removed from a parking permit area, and possibly establishing a process for review of existing permit areas. MOTION — Nichols SECOND — Smith Motion to continue with the Permit Parking Program with modifications to the policy coming back to Council. MOTION WITHDRAWN - After further discussion, the Motion above was rescinded so that Council could give staff clear direction regarding each of the proposed changes. MOTION — Nichols SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to continue the item to a date uncertain and direct staff to modify the proposed Neighborhood Permit Parking Program policy and implementation process as discussed by Council to include an increase in the permit fee application, modifying the hours the permits can be in effect, revising the permit petition, specifying that the petitioner must be the property owner, and a process to allow more participation by affected multi - family units. It was Council consensus to keep the petition from residents in the Highland and Rose area on hold until further notice. Mayor Smith thanked City Traffic Engineer Amir Farahani for over 28 years of service to the City of Orange and acknowledged Mr. Farahani's last day with the City. Interim City Manager Rick Otto introduced Jacki Scott, the new City Traffic Engineer. PAGE 8 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS (Continued) MAY 12, 2015 7.2 Review of Water Conservation Programs and Regulations. (C2300.K) Discussion — Public Works Director Defrancesco provided a staff report and answered Council's questions regarding enforcement of the program and monitoring the current and future water use. Mayor Smith noted the importance of education, suggesting the City send out information in the water bills, Our Orange magazine, the City's website, and social media. Public Works Director Defrancesco stated that a postcard is being mailed out to all residents and stated the City will be aggressive in disseminating the information. The City will also reach out to the large profile users to discuss water reduction. Public Speaker Duane Jerome — provided suggestions on reducing water consumption, and suggested that watering be allowed every other day rather than twice a week. RESOLUTION NO. 10865 A Resolution of the City Council of the City of Orange declaring a Level I and II Water Supply Shortage. MOTION — Murphy SECOND — Whitaker AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution 10865. 8. REPORTS FROM CITY MANAGER — Interim City Manager Otto reported that the Chapman University Specific Plan will be coming to Council early next year. Staff is currently working on this complex project and will keep Council informed of the progress and next steps. He also updated Council on the Metrolink Parking Structure project. The goal remains to continue to provide Council with periodic updates on this project. In the last update, Interim City Manager Otto outlined the aggressive schedule that the City and the Orange County Transportation Authority (OCTA) has set to get project approval for the Federal funding that will fund construction by the end of 2015. Significant progress has been made on the preparation of the environmental document. The City is currently reviewing the latest draft of the environmental study and will be forwarding material over to OCTA for their review next week. County Supervisor Spitzer and OCTA Chairman Lalloway have been updated, in a very positive meeting, on the project timeline and efforts to ensure strong coordination between the City and OCTA. The project team had a very productive and collaborative meeting with the Board of the Old Towne Preservation Association. The OTPA has pledged their support of the project. The City is in the process of scheduling a community meeting for mid -June. PAGE 9 CITY COUNCIL MINUTES MAY 12, 2015 8. REPORTS FROM CITY MANAGER (Continued) In addition to the environmental work being done, the design team is continuing to work on the construction documents and staff is working to complete a parking management plan that will guide structure operations. City staff and OCTA staff are working hard to meet the established timelines and are confident we will get there. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03 -15 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange amending and restating Chapter 16.32 of the Orange Municipal Code relating to Lot Line Adjustments. MOTION — Whitaker SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 03 -15 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 — None 11. PUBLIC HEARINGS 11.1 2015 Edition of the Standard Specifications for Public Works Construction (A2500.0) Time set for a Noticed Hearing to Consider Adoption of the 2015 Edition of the Standard Specifications for Public Works Construction. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 02 -15 (SECOND READING) An Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the Orange Municipal Code to Adopt the 2015 Edition of the "Standard Specifications for Public Works Construction." MOTION — Whitaker SECOND — Smith AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved that Ordinance No. 02 -15 be read by title only and same was approved and adopted by the preceding vote. PAGE 10 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) MAY 12, 2015 11.2 Solid Waste Rate Adjustment (C2500.M.1) Time set for a public hearing to consider a request from the City's Solid Waste Collector, CR &R for a Rate Adjustment, Effective July 1, 2015. THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. Discussion — In response to questions from Councilman Alvarez, staff confirmed the rate requests are verified. . RESOLUTION NO. 10864 A Resolution of the City Council of the City of Orange approving revised rates for solid waste collection and disposal services. MOTION — Alvarez SECOND — Murphy AYES — Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution 10864. 12. ADJOURNMENT — The City Council adjourned at 9:10 p.m. The next Regular City Council Meeting will be held on Tuesday, June 9, 2015, at 6:00 p.m., with Closed Session beginning at 5:00 p.m., if necessary. M MURPHY CITY CLERK ?. 644V TERESA E. SMI H MAYOR PAGE 11