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Council Minutes 07/23/13APPROVED BY THE CITY COUNCIL ON AUGUST 13, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 23, 2013 The City Council of the City of Orange, California convened on July 23, 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 Paul Wood, Calvary Chapel East Hills 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Michael Alvarez 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Murphy, Bilodeau ABSENT - Smith 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor pro tem Murphy announced that the teleconference originally planned for the meeting was cancelled due to a noticing problem. Announcement of Memorial Adjournment for Arlene S. Minor, a lifelong Friends of the Orange Public Library volunteer. Announcement of the "National Night Out" event to occur on August 6` at 6:00 p.m. in the Target Parking Lot. Announcement of the "Concerts in the Park" series at Hart Park on Wednesdays through August 28` from 7:00 to 8:30 p.m. Recognition of Employee Service. 2. PUBLIC COMMENTS — The following persons spoke: Joel Torres spoke on an H. Martin Foundation proposed global community center. Dan Subia spoke on abatement of problems at a business in his neighborhood. Heidi Larkin -Reed introduced Charla Lenarth the new Chamber of Commerce CEO. Carl Cullins spoke on the Peralta Property issue being considered by the school district. Mrs. William Snyder spoke on the Peralta Property issue being considered by the school district. Paae 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR July 23, 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 July 3, July 9, and July 11, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of July 9, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Second Amendment to Agreement with Orange County Striping Service, Inc. for the Installation of Traffic Striping, Pavement Markings, and Raised Pavement Markers at various locations, in an amount not -to- exceed $116,150.00. (A2100.0 Agr- 5785.2) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Third Amendment to Agreement with All American Asphalt for Asphalt Replacement at Various Locations, FY 2013 -14, in the amount of $535,000.00. (A2100.0 Agr - 5597.3) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Agreement with Code Consulting Group, LLC for Plan Check Services and New Building Construction Inspection Services, FY 2013 -14, in an amount not -to- exceed $60,000.00. (A2100.0 Agr- 5285.D) ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES July 23, 2013 3. CONSENT CALENDAR (Continued) APPOINTMENTS 3.7 Appointment of Fire Department Employees Robert Stefano, Deputy Chief - Services as a Board Member, and Frank Eickhoff, Deputy Chief - Operations as Alternate Board Member to the Orange County -City Hazardous Materials Emergency Response Authority. (C2500.H) ACTION: Approved. APPROPRIATIONS 3.8 Appropriation of Funds received from Santa Ana College for Fire Department Training. (C2500.H) ACTION: Appropriated $33,218.31 from Account No. 100.3023.48210.20160 to Account No. 100.3023.53060.20160. 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. Mercury Insurance Co. Subrogee for Stuart L. Grant and Deborah Grant b. David Frost C. Mario Drieslein ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.10 Final Acceptance of Bid No. 123 -32; (CDBG) ADA Wheelchair Access Ramps at Various Locations, FY 2012 -2013 performed by Mora's Equipment & Construction, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5994) ACTION: Accepted pubic work improvements, authorized release of the Ohio Casualty Insurance Company of New Hampshire, Bond No. 024046215 in the amount of $68,333.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PURCHASES 3.11 Purchase of Firefighter Safety Gear from L.N. Curtis & Sons, FY 2013 -14, in an amount not -to- exceed $80,000.00. (C2500.H) ACTION: Authorized the purchase of Firefighter Safety Gear from L.N. Curtis & Sons. Page 3 CITY COUNCIL MINUTES July 23, 2013 5. REPORTS FROM COUNCILMEMBERS Councilmember Bilodeau — Stated that nearby cities had successful fireworks sales and that he would like the voters of Orange to consider the issue on the November 2014 ballot. He asked staff to bring a report to Council on the issue. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Final determination by the State Department of Finance for the Other Funds and Accounts Due Diligence Review; and recommended budget adjustments related to the West Chapman Parking Lot loan payments. (SA1000.0) (See related Successor Agency Item No. 10. 1.) Discussion — Acting Economic Development Manager Lisa Kim provided a staff report. She added that a correction to the General Fund account number had been provided to the Council at the meeting. Assistant City Manager Rick Otto responded to a question by Councilmember Whitaker, stating that the appropriation will come out of the projected closing fund balance of the recently approved FY 13 Budget, and that after closing the books, the final numbers would be provided to Council. Mayor pro tem Murphy highlighted staff's successful negotiation of the City's remittance to the State Department of Finance from $39 million down to $19 million. Councilmember Whitaker commended staff as well, and stated the process is not yet done. MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Murphy, Bilodeau ABSENT - Smith Moved to: 1) Authorize the appropriation of $1,497,975.00 from the FY 2013 unreserved fund balance of the General Fund to Account No. 100.0000.54530.20034 (Non - Departmental - Extraordinary Loss) for reimbursement to the Successor Agency to the Orange Redevelopment Agency; and 2) Confirm transfer from Account No. 100.0000.54530.20034 to include: a. The amount of $767,837.00 to reimburse Account No. 940.0000.48500.20034 (ORA Merged Projects - Extraordinary Gain); and, b. The amount of $730,138.00 to reimburse Account No. 944.0000.48500.20034 (2008 Merged Tax Exempt Bonds - Extraordinary Gain). Page 5 CITY COUNCIL MINUTES 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None July 23, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 10.1 Final determination by the State Department of Finance for the Other Funds and Accounts Due Diligence Review. (SA1000.0) (See related Administrative Reports Item No. 7. 1.) MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Murphy, Bilodeau ABSENT - Smith Moved to: 1) Authorize the increase in FY 2013 revenue by: a. $767,837.00 in Fund 940 (ORA Merged Projects); and b. $730,138.00 in Fund 944 (2008 Merged Tax Exempt Bonds). 2) Authorize the FY 2013 appropriation of $767,837.00 in Account No. 940.9810.52611.20034 (ORA Merged Projects- Payment to Other Agencies); and 3) Authorize the Executive Director to remit the amount of $767,837.00 to the County Auditor - Controller for distribution to other taxing entities. 11. RECESS TO CLOSED SESSION The City Council recessed at 5:10 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. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. Page 6 CITY COUNCIL MINUTES July 23, 2013 12. ADJOURNMENT — There was no 7:00 p.m. Session. The City Council adjourned at 6:15 p.m. in Memory of Arlene S. Minor, a lifelong Friends of the Orange Public Library volunteer. The next Regular City Council Meeting will be held on Tuesday, August 13, 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 July 23, 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 sa id regular meeting; and available at the Civic Center City Clerk's Office. MA URPHY MARK A. MURPHY ITY CLERK MAYOR PRO TEM Page 7