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Council Minutes 01/13/15APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 2015 CITY COUNCIL ORANGE CALIFORNIA MEETING MINUTES JANUARY 13, 2015 The City Council of the City of Orange, California convened on January 13, 2015, 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, Nichols ABSENT - None 2. ORAL COMMUNICATIONS - None 3. EMPLOYEE RECOGNITION Recognition of Employee Service 4. RECESS The City Council recessed at 5:00 p.m. to Closed Session. The next Regular City Council meeting was held on Tuesday January 13, 2015, at 6:00 p.m. in the Council Chambers. CITY COUNCIL MINUTES 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 JANUARY 13, 2015 a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): Case: Vasquez v. Rackauckas, et. al. United States District Court Case No. SACV 09 -1090 VBF(RNBx) b. Pursuant to Government Code Section 54954.5(e) City Manager Recruitment Closed Session Announcement: The City Attorney reported out that Rick Otto will be appointed Interim City Manager upon the retirement of John Sibley. Mr. Sibley's retirement date is still to be determined. Mayor Smith and Councilmember Murphy were selected as the City Council negotiations team for the Interim City Manager contract and the City Manager recruitment. 4. RECESS TO REGULAR MEETING The City Council recessed the Closed Session to the Regular Meeting at 6:00 p.m. The next Regular City Council Meeting was held on Tuesday January 13, 2015, at 6:00 p.m. in the Council Chambers. PAGE 2 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Tim Klinkenberg, St. John's Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Nichols ABSENT - None JANUARY 13, 2015 1.4 PRESENTATIONS /ANNOUNCEMENTS/INTRODUCTIONS Presentation of a Proclamation to outgoing Treasurer Eric Woolery for his service to the City of Orange. Presentation of a Proclamation to Wayne King, former City Traffic Commissioner for his service to the City of Orange. Presentation by Sean Thomas of an Annual Report from the Orange County Human Relations Council. 2. PUBLIC COMMENTS Mike Schmitt — Longhouse of the Orange Skies Indian Guides and Indian Princesses announced that January 24, 2015 at 10:30 a.m. the annual Pinewood Derby races will take place at The Village of Orange Madison Anderson — Representing all City of Orange High School students involved in the FIRST program robotic competition. She, and her team, demonstrated "Fred" the robot built for last year's competition. PAGE 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR JANUARY 13, 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 December 11, 18, and 23, 2014. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of December 9, 2014. NOTE: Mayor pro tem Whitaker abstained on this item. ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 First Amendment to Agreement with Moore, Iacofano, Goltsman, Inc. to Provide Current and Advance Planning and to Prepare Planning Studies and Reports in an amount not -to- exceed $65,000.00 for a total contract amount of $95,000.00. (A2100.0 Agr- 6016.A.1) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreements with Fieldman, Rolapp & Associates; Quint & Thimmig LLP; US Bank; Richards, Watson & Gershon; Willdan Financial; and Stifel, Nicolaus & Company for Legal and Consultant Services regarding Community Facilities District No. 06 -1 (Del Rio) Bond Refinancing. (A2100.0 Agr -6183, 5596.1, 6184 — 6189) ACTION: Approved the agreements and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 4 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) JANUARY 13, 2015 3.6 Agreement with Greenfield Outdoor Fitness to install an outdoor exercise circuit through Cooperative Purchasing Agreements (CPA). (A2100.0 Agr -6189) ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Sixth Amendment to Agreement with Magnetic Electric, Inc. to increase the total not -to- exceed amount from $107,941.91 to $132,941.91. (A2100.0 Agr - 5684.6) ACTION: 1) Appropriated $25,000 from unreserved Fund 291 to 291.7026.51700 (Irvine 86 -2 Landscape Maintenance); and 2) Approved the Amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Contract with Landscape Structures, Inc. in the amount of $255,110.49 for furnishing and installing play equipment and equipment shade structures at Handy and Belmont Parks. (A2100.0 Agr -6190) ACTION: 1) Appropriated: $25,395 from Fund (100) unreserved fund balance (Private Donations) to 500.7021.56015.30052 (Handy Park Tot Lot Equipment); 2) Transferred $3,201.72 from Account 550.7021.56031.30046 (Belmont Shade Sail) to Account 550.7021.56015.30052 (Handy Park Tot Lot Equipment); and 3) Approved the Contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement with Orange Regional Competitive Aquatics (ORCA), a non - profit public benefit corporation, for the administration of City aquatic programs. (A2100.0 Agr- 4673.B) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.10 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. Ariel Herco b. Celeste Herco c. Heirs of Vincente Banagale d. Gail Alden ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 6 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) JANUARY 13, 2015 3.11 Award of Contract: Bid No. 145 -23; Feather Hill Drive Subdrain and Villa Real Drive Storm Drain Improvements. (A2100.0 Agr -6191) ACTION: Awarded the contract in the amount of $45,000 to GRFCO, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City. 3.12 Final Acceptance of Bid No. 134 -31: Pipeline Replacement for Chapman Avenue from Lemon Street to Grand Street performed by Electrical Services Solutions, Inc. and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Arg -6128) NOTE: Item removed from the agenda ACTION: No action. 3.13 Final Acceptance LED Street Lighting Project performed by National Joint Power Alliance (NJA); and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6132) NOTE: Item removed from the agenda ACTION: No action PROPERTY 3.14 Purchase of 993 Square Feet of property at 2901 E. Katella Avenue for the Purpose of Improving the Critical Intersection of Katella Avenue and Wanda Road. (D4000.0) ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents. 3.15 Authorizing the granting of two public utility easements to Southern California Edison on City of Orange property to facilitate the installation of electrical equipment in the Old Towne Plaza. (D4000.0) NOTE: Mayor pro tem Whitaker abstained on this item due to his employment. ACTION: 1) Authorized the granting of public utility easements on City of Orange property, and 2) Executed Easement Deeds in favor of the public utility company. MOTION - Alvarez SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Nichols For Item 3.2 and 3.15, Mayor pro tem Whitaker abstained. Item 3.12 and Item 3.13 were removed from the agenda. All other items were approved as recommended. END OF CONSENT CALENDAR PAGE 6 CITY COUNCIL MINUTES JANUARY 13, 2015 4. REPORTS FROM MAYOR SMITH 4.1 Discussion of compensation of City Treasurer and City Clerk. DISCUSSION: The City Council agreed that they would like to retain the stipend but eliminate benefits for the City Treasurer and City Clerk. Staff was instructed to agendize the discussion of whether to appoint or hold a special election to fill the vacant City Treasurer position at the February 10, 2015 City Council meeting. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Nichols Moved to retain the stipend at $365.00 per month but eliminate benefits for the City Treasurer and City Clerk positions. 4.2 Letter of support for East Orange County Water District's ( EOCWD) application with the Local Agency Formation Committee ( LAFCO) to transfer the sewer service in Area Seven of the Orange County Sanitation District to EOCWD. Draft Agreement with EOCWD. (C2500.D) Public Speakers: Carolyn Emery, Orange County LAFCO - explained the process involved in moving to a new service provider for sewer service area seven. Paul Cook, Irvine Ranch Water District - asked Council to consider their proposal to provide service. Brian Lochrie, East Orange County Water District - asked Council to act on the draft letter of support. Lisa Ohlund, East Orange County Water District - asked Council to act on the draft letter of support. DISCUSSION: Mayor Smith indicated that LAFCO will make the final decision on which group gets the service contract, and asked for the Council to support the application from EOCWD. Mayor pro tem Whitaker supported the draft letter for EOCWD as he supports smaller local government for this process. EOCWD submitted their request a while back and adding more to the process could result in delays. Support for the IRWD application could occur if anything goes wrong with the EOCWD application. Councilmembers Murphy and Alvarez supported the letter for EOCWD but also supported IRWD in their efforts to apply. More applications mean competition which should be good for the ratepayers. Councilmember Nichols stated her support the EOCWD letter, but suggested comparing service data once both applications are available. PAGE 7 CITY COUNCIL MINUTES JANUARY 13, 2015 4. REPORTS FROM MAYOR SMITH (Continued) Councilmember Murphy suggested splitting the motion into two votes. One for the EOCWD letter of support and one the IRWD potential application. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Murphy, Nichols NOES - Alvarez Moved to send a letter of support for the East Orange County Water District application with the Local Agency Formation Committee to transfer sewer services in Area Seven. Councilmember Alvarez explained his no vote, stating that it was not against EOCWD, but that competition between EOCWD and IRWD will result in the residents of Sewer Area 7 getting the best service rates. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Murphy, Nichols NOES - Whitaker, Smith Moved to draft a letter of support for the Irvine Ranch Water District once they file an application with the Local Area Formation Committee to transfer sewer services and execute a formal agreement with the City. Mayor Smith and Mayor pro tem Whitaker stated their support for an IRWD application only if the EOCWD application was not supported by LAFCO. 5. REPORTS FROM COUNCILMEMBERS Councilmember Alvarez asked staff to update the Council on electric usage for the 2014 Orange International Street Fair. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 8 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS JANUARY 13, 2015 7.1 Agreement with Microsoft Enterprise for software licenses for all City computers and servers. (A2100.0 Agr -6192) NOTE: Councilmember Murphy abstained on this item due to his employment and left the dais. DISCUSSION: In response to Council questions, staff indicated that the fund used to pay this bill was built over a number of years and there is sufficient funding available; that the contract will have a three year term with the flexibility to change as the City's needs change; and that the prices were very similar from all the vendors because Microsoft drives that price. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Nichols ABSTAIN (ABSENT) - Murphy Moved to approve the agreement in the amount of $769,100.82 and authorize the Mayor and City Clerk to execute on behalf of the City. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS — None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY - None 11. PUBLIC HEARINGS 11.1 STREAMLINING ORDINANCE (A2500.0) Time set for a continued public hearing to consider streamlining of City review and clarify standards , for certain types of residential accessory structures, bingo games, churches in industrial zones, and parking structure floor area ratio. (Continued from December 9, 2014) MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Nichols ABSENT - Murphy Moved to continue this item to the February 10, 2015 City Council meeting. PAGE 9 CITY COUNCIL MINUTES 12. ADJOURNMENT JANUARY 13, 2015 The City Council recessed back into Closed Session at 8:00 p.m. The City Council adjourned Closed Session at 8:35 p.m. Closed Session Announcement: The City Attorney reported out that Rick Otto will be appointed Interim City Manager upon the retirement of John Sibley. Mr. Sibley's retirement date is still to be determined. Mayor Smith and Councilmember Murphy were selected as the City Council negotiations team for the Interim City Manager contract and the City Manager recruitment. The next Regular City Council Meeting will be held on Tuesday February 10, 2015, at 6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00 p.m., if necessary. - �0- F W M '.4 - � - 4-r,/-- MAYOR PAGE 10