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08-12-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 2014 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING August 12, 2014 The City Council of the City of Orange, California convened on August 12, 2014, 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, Bilodeau ABSENT - None 2. ORAL COMMUNICATIONS —None 3. RECESS TO CLOSED SESSION — The City Council recessed to a Closed Session at 5:05 p.m. a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9: Case: Lindsay v. City of Orange, et al. United States District Court Case No. 14 -CV -00932 4. ADJOURNMENT — At 5:30 p.m., the City Council adjourned the Closed Session to its Regular Meeting at 6:00 p.m. on Tuesday August 12, 2014, in the Council Chambers. Page 1 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Assistant Pastor Dave Johnson, Calvary Chapel Old Towne. 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Michael Alvarez 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS August 12, 2014 Presentation by the Orange Barrio Historical Society to the Orange Public Library. Mayor Smith announced the Wednesday evening Concerts in the Park series at Hart Park. 2. PUBLIC COMMENTS — None PAGE 2 CITY COUNCIL MINUTES August 12, 2014 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 July 8, 10, 17, 22, 24, and 29, 2014. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of July 8, 2014. (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 the Months of April, May, and June, 2014. (C2500.F) ACTION: Received and Filed. APPROPRIATIONS 3.5 Appropriation of Funds Received from Santa Ana College for Fire Department Training. (C2500.H) ACTION: 1) Accepted into the City's revenue budget a $19,793.23 grant payment from Rancho Santiago Community College District, into revenue Account No. 100.3023.48210.20174 (Santa Ana College Training); and 2) Authorized the appropriation of $19,793.23 into expenditure Account No. 100.3023.51840.20174 (Santa Ana College Training). PAGE 3 CITY COUNCIL MINUTES August 12, 2014 3. CONSENT CALENDAR (Continued) 3.6 Appropriation of Designated Grant Funding Received from the California Department of Resources Recycling and Recovery (CalRecycle) for the Oil Payment Program and Beverage Container Recycling Program. (C2500.M.1.1) ACTION: 1) Accepted into the City's revenue budget $75,849.00 in grants from CalRecycle and appropriated it into the following Revenue Accounts: 220.5022.45290.20229 Beverage Container Recycling 13 -14 $36,417 220.5022.45290.20206 Oil Payment Program Cycle 4 13 -14 $39,432 2) Authorized appropriation of $75,849.00 into the following Expenditure Accounts: 220.5022.51001.20229 Bev. Container Recycling 13 -14 — Contract Services $29,500 220.5022.53001.20229 Bev. Container Recycling 13 -14 — Materials & Supplies $ 6,917 220.5022.50002.20206 Oil Payment Prg. Cycle 4 13 -14 — Salaries & Benefits $ 8,000 220.5022.51001.20206 Oil Payment Prg. Cycle 4 13 -14 — Contractual Serv. $20,000 220.5022.53001.20206 Oil Payment Prg. Cycle 4 13 -14 — Materials & Supplies $11,432 BIDS 3.7 Bid No. 145 -10; Approval of plans and specifications, and authorization to advertise for bids for construction of FY 2013 -14 Community Development Block Grant (CDBG) Street Improvement Projects: Palm Avenue, James Street, Victoria Drive, Shirley Drive, Malena Drive, Bennett Avenue, and Sherman Avenue Improvements. (54000.5.7) ACTION: Approved plans and specifications and authorized advertising for bids for the CDBG FY 13 -14 Street Improvement Projects. 3.8 Bid No. 145 -12; Reservoir No. 5 Rehabilitation; Approval of plans and specifications and authorization to advertise for bids. (C2500.P.3) ACTION: Approved plans and specifications and authorized advertising for bids for Reservoir No. 5 Rehabilitation. 3.9 Rejection of all Bids - Bid No. 145 -14; Orange Children & Parents Together Wrought Iron Fence Installation Project. (C2500.M) ACTION: Rejected all bids received and authorized the re- advertisement of the project. 3.10 Rejection of all Bids - Bid No. 145 -11; Water Yard Security Gate Improvement Project. (C2500.M) ACTION: Rejected all bids received and authorized the re- advertisement of the project. PAGE 4 CITY COUNCIL MINUTES August 12, 2014 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 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. NOTE: Councilmember Alvarez recused himself on this item due to a personal relationship, and left the dais. PUBLIC SPEAKER: Lambert Avellana asked Council to approve his claim, Item C. a. Mary Lou Taylor b. Nina Lueras c. Lambert Avellana d. Robert Schaal MOTION - Smith SECOND - Murphy AYES - Whitaker, Smith, Murphy, Bilodeau ABSENT (RECUSED) - Alvarez Moved to deny Claim(s) for damages on all items, and referred to City Attorney and Adjuster. CONTRACTS 3.12 Award of Contract - Bid No. 145 -01; Asphalt Replacement at Various Locations, FY 14 -15. (A2100.0 Agr -6141) ACTION: Awarded a contract in the amount of $697,000.00 to R J Noble Company and authorized the Mayor and City Clerk to execute on behalf of the City. 3.13 Final Acceptance of Bid No. 134 -27; Vista Ridge Drive drainage and Street Improvement Project performed by PTM General Engineering Services, Inc. and authorization to file the Notice of Completion with the County Recorder. No staff report required (A2100.0 Agr -6098) NOTE: Councilmember Bilodeau abstained on this item due to his nearby residence. ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 0638677, in the amount of $94,040.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 5 CITY COUNCIL MINUTES August 12, 2014 3. CONSENT CALENDAR (Continued) 3.14 Final Acceptance of Bid No. 134 -21; ADA Wheelchair Access Ramps Various Locations FY 2013 -2014 performed by Naka Engineering Contractors; and authorization to file the Notice of Completion with the County Recorder. No staff report required (A2100.0 Agr -6097) ACTION: Accepted public work improvements, authorized release of Western Surety Company of South Dakota, Bond No. 71546747, in the amount of $62,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.15 Final Acceptance of Bid No. 134 -28; Fire Station 4 and 7 Fiber Optic Installation Project performed by Stateside Services, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6099) ACTION: Accepted public work improvements, authorized release of Indemnity Company of California, Bond No. 784985P, in the amount of $32,486.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.16 Final Acceptance of Bid No. 134 -11; Chapman Avenue Improvement Project performed by Bannaoun Constructors Corporation; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6082) ACTION: Accepted public work improvements, authorized release of SureTec Insurance Company in the State of Texas, Bond No. 5176742, in the amount of $340,850.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.17 Final Acceptance of Bid No. 134 -10; Sewer Line Replacement Project FY 2013- 2014 performed by Ramona, Inc. and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -6074) ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 0567298, in the amount of $694,025.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 6 CITY COUNCIL MINUTES August 12, 2014 3. CONSENT CALENDAR (Continued) GRANTS 3.18 Grant No. PT1515 from the State of California Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program, Federal Fiscal Year 2015. (A2100.0 Agr- 5117.G) ACTION: 1) Approved agreement with the State of California OTS for the grant and authorized the City Manager to execute on behalf of the City; 2) accepted into the City's revenue budget a $244,897.00 grant from the California OTS into revenue Account No. 100.4041.45290.30002 (General Fund -FY 15 OTS Selective Enforcement Program); and 3) authorized the appropriation of $244,897.00 into the following Traffic Program expenditure accounts: 100.4041.50221.30002.0005 $101,088 100.4041.50222.30002.0005 $ 25,271 100.4041.50221.30002.0006 $ 3,071 100.4041.50221.30002.0007 $ 43,191 100.4041.50221.30002.0066 $ 15,356 100.4041.50221.30002.0067 $ 4,757 100.4041.50221.30002.0068 $ 16,380 100.4041.50221.30002.0070 $ 17,062 100.4041.51840.30002.0000 $ 3,000 100.4041.55131.30002.0000 $ 15,721 Overtime - Safety DUI Checkpoints Overtime- Non - Safety DUI checkpoints Overtime- Safety Warrant Servicing Overtime- Safety DUI Saturations Overtime - Safety Traffic Enforc. Operations Overtime- Safety Motorcycle Safety Operations Overtime- Safety Distracted Driving Operations Overtime - Safety DRE Training & Certification Local Training Equipment PURCHASES (REMOVED AND HEARD SEPARATELY) 3.19 Purchase of Fourteen Public Safety Vehicles for Orange Police Department and Orange Fire Department for a total expenditure of $532,709.64. (C2500.K) NOTE: Councilmember Murphy recused himself on this item due to employment, and left the dais. DISCUSSION: In response to a question from Mayor Smith, Chris Saxe, Deputy Director, Public Works responded that the low bid came from outside the City of Orange as the City does not have a Dodge dealership and, after testing, the Dodge vehicles were the Police Department's choice. MOTION - Smith SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT (RECUSED) - Murphy PAGE 7 CITY COUNCIL MINUTES August 12, 2014 3. CONSENT CALENDAR (Continued) Moved to: 1) Authorize the purchase of eleven Police Patrol Vehicles from McPeek Dodge, Anaheim, CA, in the amount of $ 328,264.97; 2) Award contract for building /outfitting eleven Police Patrol Vehicles to Hi Standard, Orange, CA, in the amount of $ 99,525.20; 3) Authorize the purchase of one Utility Pickup Truck from National Auto Fleet Group (National Joint Powers Alliance) Watsonville, CA, in the amount of $51,093.81; 4) Authorize the purchase of two sport utility vehicles from Ford of Orange, Orange, CA, in the amount of $ 53,825.66; and 5) Authorize the City Manager to surplus the replaced vehicles. RESOLUTIONS 3.20 RESOLUTION NO. 10790 (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange Approving the Memorandum of Understanding Between the City of Orange and the Orange Police Management Association Concerning Wages, Hours, and Other Terms and Conditions of Employment Effective July 1, 2013 through June 30, 2015 and Repealing Resolution No. 10351 and Amendments Thereto for Said Employees. ACTION: Approved. 3.21 RESOLUTION NO. 10811 (C2500.D) A Resolution of the City Council of the City of Orange Expressing Support for Proposition 13. ACTION: Approved. 3.22 RESOLUTION NO. 10812 (S4000.S.4) A Resolution of the City Council of the City of Orange Removing A Portion of Center Street From the City Street System. ACTION: Approved. MOTION - Bilodeau SECOND -Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Item 3.11 and 3.19 were removed and heard separately. Item 3.11 Councilmember Alvarez abstained due to a personal relationship. Item 3.13 Councilmember Bilodeau abstained due to his nearby residence. Item 3.19 Councilmember Murphy abstained due to employment. All other items were approved as recommended. END OF CONSENT CALENDAR PAGE 8 CITY COUNCIL MINUTES August 12, 2014 4. REPORTS FROM MAYOR SMITH — None 5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Whitaker - Request that the Council consider the adoption of a Civic Openness in Negotiations (COIN) Ordinance. (C2500.D) PUBLIC SPEAKER - Matthew Cunningham spoke in favor of a COIN Ordinance. DISCUSSION — Mayor pro tern Whitaker explained this would create more transparency in employee negotiations, possibly providing more information to the public on offers, counter offers, financial aspects and discussions. Council discussed concerns including the fact that there are already laws that govern negotiations and this could prolong the process and increase costs. It was also discussed that there are several versions of a COIN ordinance throughout Orange County, and that a matrix would be helpful to see the various options available, including what has been done in other cities, an analysis of pros and cons, financial aspects, and timelines. Council directed the City Attorney to return with a matrix of options for the September 9, 2014, City Council meeting. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None 7. ADMINISTRATIVE REPORTS — None 8. REPORTS FROM CITY MANAGER 8.1 City Manager recommendation to establish a two member Council subcommittee to meet with the Washington /Hamlin neighborhood and the applicant to discuss issues related to a potential development project in this area. NOTE: The City Manager withdrew his request for the establishment of a subcommittee at this time. PUBLIC SPEAKERS: Rubin Garnica spoke against any development. Kimberley Johnson spoke in favor of allowing the community to be part of the process. PAGE 9 CITY COUNCIL MINUTES August 12, 2014 8. REPORTS FROM CITY MANAGER (Continued) The City Manager announced the City of Orange Fire Department has three engines in northern California helping fight fires in that part of the State. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 01 -14 (SECOND READING) (A2500.0 Ord -01 -14 Noise Ordinance) An Ordinance of the City Council of the City of Orange Approving an Amendment to Chapter 8.24 of the Orange Municipal Code to Update the City's Noise Ordinance to be Consistent with the 2010 General Plan Noise Element. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 01 -14 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 03-14 (FIRST READING) (A2500.0 Ord -03 -14 Sex Offenders) An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange Municipal Code Regarding Registered Sex Offenders. DISCUSSION — It was noted that through a negotiation process, the City Attorney was able to bring a more strict Ordinance back to Council, maintaining certain elements that had been deleted previously. A majority of the Council reluctantly agreed to adopt this Ordinance to settle a lawsuit. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy NOES - Bilodeau Moved that Ordinance No. 03 -14 be read by title only and same was set for second reading by the preceding vote. PAGE 10 CITY COUNCIL MINUTES August 12, 2014 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY — None 11. ADJOURNMENT — The City Council adjourned at 7:15 p.m. The next Regular City Council Meeting will be held on Tuesday September 9, 2014, at 6:00 p.m. in the Council Chambers, with Closed Session beginning at 5:00 p.m., if necessary. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of August 12, 2014 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 regula meeting; and available at the Civic Center City Clerk's Office. C' M URPHY TTY CLERK Lye-, TERESA E. SMITH MAYOR PAGE 11