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Council Minutes 09/24/13APPROVED BY THE CITY COUNCIL ON OCTOBER 8, 2013 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 24, 2013 The City Council of the City of Orange, California convened on September 24, 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 Pastor Doug Roller, Grace Brethren Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Mark A. Murphy 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Check from Renaissance Lodge Order Sons of Italy in America to the Orange Public Library. Recognition of Employee Service. Mayor Smith announced the "Go Purple" initiative to raise awareness of Alzheimers, noting that the City's Website contains details of the events — go to www.cityoforange.org. 2. PUBLIC COMMENTS — Tia Christian spoke on the NAACP of Orange County having a new women's group and invited the City Council to attend their meetings. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR September 24, 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 September 5, and September 12, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of September 10, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement for the transfer of ownership of the Police Service Dog Argo, currently assigned to the Police Department's Canine Team from the City of Orange to Officer Trevor Cullen. (A2100.0 Agr -6030) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement between the California Insurance Pool Authority (CIPA) and Keenan and Associates for Third Party Administration of the City of Orange Worker's Compensation Program. (Continued from September 10, 2013) (A2100.0 Agr - 6023) NOTE: Staff is requesting further continuance to a date uncertain. ACTION: Approved continuance to a date uncertain. 3.6 Second Amendment to Agreement with GKK Works, Inc. for Maintenance Management Services at the Del Rio Community Facilities District and Santiago Hills Landscape Assessment District, in an amount not -to- exceed $50,010.00. (A2100.0 Agr - 5906.2) ACTION: Approved the amendment and authorize the Mayor and City Clerk to execute on behalf of the City. PAGE 2 CITY COUNCIL MINUTES September 24, 2013 3. CONSENT CALENDAR (Continued) 3.7 Approve the pay off of the remaining balance of the Allen McColloch Pipeline (AMP) Sales Agreement related to the 1989 Certificates of Participation (COPS) for the Financing of the AMP Flow Augmentation Project (FAP). (A2100.0 Agr- 0421.D.1.1) ACTION: 1) Approved the pay -off of the remaining obligations for the financing of the AMP Flow Augmentation Project in the amount of $128,000.00; and 2) Authorized the appropriation of $80,125.00 from the unreserved Water Fund balance to Account No. 600.8071.54101.00000 (Water, Principal Redemption). APPROPRIATIONS 3.8 Accept into the City's Revenue Budget and Appropriate a $1,000.00 donation from the Renaissance Lodge Order Sons of Italy in America to Orange Public Library. (C2500.I) ACTION: 1) Accepted in the City's Revenue Budget the $1,000.00 donation into Revenue Account No. 100.2001.48390.19969 (Sons of Italy Donation); and 2) Appropriated the donation to Account No. 100.2001.53301.19969 (Library Books). BIDS 3.9 Final Acceptance of Bid No. 123 -03; Annual Pipeline Renewal Project for various locations performed by John T. Malloy, Inc.; and authorization to file the Notice of Completion with the County Recorder (No staff report required) (A2100.0 Agr -5929) ACTION: Accepted public work improvements; authorized release of Suretec Insurance Company, Bond No. 4387809, in the amount of $1,257,836.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 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. 1) Deny the following Application to Present a Late Claim: a. Amy Schwan 2) Deny the following Claim for Damages: b. DeEtta M. Gibson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 3 CITY COUNCIL MINUTES September 24, 2013 3. CONSENT CALENDAR (Continued) RESOLUTIONS (REMOVED AND HEARD SEPARATELY) 3.11 RESOLUTION NO. 10734 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the City of Orange Police Association, Effective July 1, 2012 through June 30, 2015. Discussion — Councilmember Alvarez acknowledged the Police Association's negotiation efforts over the many past months, resulting in agreement to more closely align their benefits with all City employees. The Council identified the specific give and take on both sides to reach a fair deal that fits the City's budget goals. Further, they saluted all public safety employees for their commitment to a safe and healthy community. MOTION - Alvarez SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved to approve Resolution No. 10734 and authorize staff to make the necessary budget adjustments and /or appropriations to the departments' salary and benefit accounts to fund the increased costs of the contract. 3.12 RESOLUTION NO. 10735 (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange Amending Resolution No. 10351 between the City of Orange and the City of Orange Police Management Association. ACTION: Approved Resolution No. 10735 and authorized staff to make the necessary budget adjustments and/or appropriations to the departments' salary and benefit accounts to fund the increased costs of the amendment. 3B SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY (ORA) 3.13 RESOLUTION NO. SAORA -009 (SA1000.0) A Resolution of the Successor Agency to the Orange Redevelopment Agency Approving a Recognized Obligation Payment Schedule and Related Administrative Budget for the period covering January 1, 2014 through June 30, 2014 pursuant to Section 34177(I)(2)(A) of the California Community Redevelopment Law. PAGE 4 CITY COUNCIL MINUTES September 24, 2013 3. CONSENT CALENDAR (Continued) ACTION: 1) Approved Resolution No. SAORA -009 and directed Successor Agency Clerk to record previously stated City Council abstentions and reasons therefore as part of the minutes; and 2) Directed staff to transmit ROPS 13 -14B and related Administrative Budget to the Oversight Board of the Successor Agency to the ORA. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Item 3.11 was removed and heard separately. All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** 4. REPORTS FROM MAYOR SMITH — Mayor Smith announced that the Mayor's Prayer Breakfast will be held October 24, 2013. 5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Murphy — Discuss and Consider Changes to City Council Meeting Schedule and Format. Discussion — Mayor pro tem Murphy identified the reasons for wanting to revise the agenda schedule. He then proposed: 1. Meeting only once a month on the second Tuesday of the month, 2. Hold open the fourth Tuesday for meetings on an "as needed" basis, 3. Schedule the closed session at 4:30 p.m., and 4. Start the general meeting at 5:30 p.m. to facilitate participation by the public. Councilmember Whitaker agreed with the suggestions. He expressed a small concern with the possibility of splitting the closed session. He suggested having the general meeting start at 6:00 p.m. Councilmember Alvarez asked how this saves on staff costs and time. He supported holding the fourth Tuesday open in case the need arose to conduct a meeting. He also supported a later meeting start time for the public's benefit. PAGE 5 CITY COUNCIL MINUTES September 24, 2013 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Smith stated her preference for the current schedule of two meetings a month. She stated one meeting a month results in a very crowded agenda, forcing the rushing through of presentations and discussions. She indicated if the schedule is changed, she supported holding one extra day open for a meeting when necessary. She further supported the 6:00 p.m. start time for the general meeting. The Council directed the City Attorney, through the City Manager, to agendize the issue for the next meeting to modify the Orange Municipal Code Section 2.040.020 to reflect the changes to the meeting times, as 4:30 for the executive session and 5:30 for the regular meeting, as well as provide an implementation date. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Discussion of City Treasurer Vacancy and Potential Council Appointment to Fill Remaining Term. Discussion — City Attorney Wayne Winthers stated the Council can appoint an individual to the open seat, or call for a special election. He added that the only requirement is that the appointee be a resident of Orange. Mayor Smith thanked each candidate for their interest, adding that 13 applications had been received. Councilmember Whitaker stated he had encouraged Eric Woolery to apply, and after review of all the applications, based on his qualifications, Mr. Woolery was the most qualified candidate. Councilmember Alvarez stated the candidates are outstanding, and the pool includes many who have given of their time and talents to the City. He added that this position is responsible for keeping a watchful eye on the City's investments. He further stated his support for Mr. Woolery. Mayor pro tem Murphy stated it is with a heavy heart that the Council must appoint a replacement for Helen Walker, the former Treasurer who passed away. He stated that in the list of outstanding applicants, Mr. Woolery's qualifications placed him at the top. Mayor Smith stated her willingness to second the motion to appoint Mr. Woolery to the unexpired term. PAGE 6 CITY COUNCIL MINUTES September 24, 2013 7. ADMINISTRATIVE REPORTS (Continued) City Attorney Wayne Wintbers stated that the effective date of the appointment would be immediately and would run through the General Election of November, 2016. Councilmember Alvarez reminded the Council that the suggestion for term limits on this position remains to be discussed. MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved to appoint Mr. Eric Woolery to the vacant position of City Treasurer, filling the unexpired term through November, 2016. Mr. Woolery thanked the Council for the honor of being appointed to the position of Treasurer for his home town. He stated his determination to ensure the safety of the City's financial health. 8. REPORTS FROM CITY MANAGER — City Manager John Sibley stated that two new police officers have been brought on board, along with four academy trainees. He added that over a hundred applicants were recently tested. He further added that upcoming retirements would allow for upward movement within the Police Department. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 10 -13 (FIRST READING) (A2500.0 Ord -10 -13 Sex Offenders) An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange Municipal Code by Deleting Section 9.10.045a.1. Discussion — City Attorney Wayne Winthers provided the Council with the history of this issue, stating that this amendment is being brought forward due to a recent court case in which the federal judge ruled that the requirement to post a sign is likely unconstitutional. He stated that the judge's decision appeared to be based on sound legal reasoning. He added that the remainder of the ordinance would still be in effect requiring sex offenders to keep their lights off, to not decorate their homes, and to not answer the door on Halloween. Mr. Winthers further responded to questions by the Council, stating that the ordinance has been in effect since 2010, and there have been no challenges to it. He added that the City has been sued over the sign posting requirement by a sex offender group. He commented on there being little costs associated with the lawsuit by the City up to this point. He also stated that the police have audited the registered homes each Halloween and, finding them in compliance, no citations have been issued over the years. PAGE 7 CITY COUNCIL MINUTES September 24, 2013 9. LEGAL AFFAIRS (Continued) Mayor Smith stated that safety was of the utmost importance to this Council. She reiterated that the three remaining strong provisions of the ordinance were still in place. Councilmember Whitaker clarified with Mr. Winthers that the City would have an extremely hard and expensive road ahead to fight the lawsuit. Speaker — Mr. Jon Dumitru spoke against modifying the ordinance and weakening the City's tools to protecting children. He spoke on the rate of recidivism for sex offenders being high, and that he feared the group's success with striking this provision would empower them to further whittle away at the strength of the ordinance. Police Chief Gustafson responded to a question from the Mayor, stating that removing this requirement from the ordinance still left three strong requirements that keep the ordinance functional and meeting the goal of its intent to keep children safe. Mayor Smith stated the risk of a lawsuit actually delays having a strong, effective ordinance. She stated her support for approving this action to avoid unnecessary expense. Councilmember Alvarez stated that the Megan's Law map on the Internet is a powerful tool for knowing where sex offenders reside. He added that the cost of defending the ordinance was a factor in his decision to support this action, and that using the Megan's Law Web site, he hoped that parents would be diligent to keep informed. Councilmember Whitaker stated that along with the ordinance, the police will continue to do random audits to ensure compliance to the remaining requirements, and agreed with the hope that parents avail themselves to tools such as the Megan's Law Web site to aid in keeping their children safe. He stated that regrettably he was also supporting the action being recommended. Mayor pro tem Murphy also stated his reluctance to remove the sign posting provision from the ordinance, but that the three remaining requirements maintain the strength of the ordinance. He stated encouragement for parents to be educated on the tools available for keeping their children safe. He indicated he would support bringing funds forward for a promotional campaign to raise the level of awareness of the message "lights out, don't knock ". MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved that Ordinance No. 10 -13 be read by title only and same was set for second reading by the preceding vote. PACE R CITY COUNCIL MINUTES September 24, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:55 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. b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Antonio Razo v. City of Orange USDC Case No. SACV 12- 01487- CJC(ANx) Note: City Attorney Wayne Winthers announced there was no longer a need to consider Item c. Conference with Legal Counsel — Potential Litigation — Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). 1) One potential case. 12. ADJOURNMENT — There is no 7:00 p.m. Session. The City Council adjourned at 7:30 p.m. The next Regular City Council Meeting will be held on Tuesday, October 8, 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 September 24, 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 com of said r meeting; and available at the Civic Center City Clerk's Office. IJp / Z P ROBER ZORNADO CHI E� CLERK TERESA E. SMITH MAYOR PAGE 9