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Council Minutes 05/14/13APPROVED BY THE CITY COUNCIL ON MAY 28, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 14, 2013 The City Council of the City of Orange, California convened on May 14, 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 Larry DiSimone, Calvary Chapel of the Canyons 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Bradon Walkenhorst, Boy Scout Troop 942. 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Sponsors for the Orange 125 Birthday Celebration Presentation of Proclamation Recognizing Red Shirt Fridays Presentation of Proclamation Recognizing National Public Works Week, May 19 -25, 2013 2. PUBLIC COMMENTS Tia Christian - Announced that the Fair Housing Council wants to serve the City of Orange and invited the City Council to attend their Board meeting. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR May 14, 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 April 18 and April 25, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of April 23, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 City Treasurer's Report for the Months of January, February, and March, 2013. (C2500.F) ACTION: Received and filed. 3.5 Investment Oversight Committee Report, period ending April 30, 2013. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS 3.6 Agreement with Nichols Consulting Engineers for Pavement Condition Survey and Update, in the amount of $108,000.00. (A2100.0 Agr -5990) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Amendment to Agreement with United Security Access & Electric for Installation of an Access Control System to Park Restroom Buildings at El Camino Real Park, in the amount of $9,000.00. (A2100.0 Agr - 5841.1) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES May 14, 2013 3. CONSENT CALENDAR (Continued) 3.8 Agreement with Friendly Center for use of Killefer Park to provide Community, Recreation, Social, and Health Resources to the Community. (A2100.0 Agr- 0867.E) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement with Integrity Automated Solutions, Inc. for Installation of a Delta HVAC Central Control System and Duct Work Upgrades at the Grijalva Sports Center, in the amount of $29,578.00. (A2100.0 Agr -5991) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPERATELY) 3.10 Agreement between Chapman University and the City of Orange to provide payment of replacement income. (A2100.0 Agr -5997) Discussion — Mayor Smith asked the City Manager for further detail on the agreement. City Manager John Sibley explained Chapman University is looking at purchasing the Quality Suites in West Orange for student housing. Because the city would lose any future transient occupancy tax from the hotel, the city has negotiated an agreement with Chapman for $500,000 annually, for as long as the facility is used for housing, but no less than ten years. This includes a $5,000 annual fee to cover city costs of film permit processing for Chapman students. All funds collected will go to the General Fund. The Council thanked Chapman University for the agreement and their partnership with the city. MOTION - Alvarez SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve the agreement and authorize the City Manager to execute the agreement with Chapman University. Page 3 CITY COUNCIL MINUTES May 14, 2013 3. CONSENT CALENDAR (Continued) 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. a. CSE Safeguard Insurance Company/Veronica Negrete b. Mercury Insurance Group as Subrogee of Claudia Negrete C. Veronica Negrete d. Veronica Negrete and Claudia Negrete e. 21 Century Insurance Company as Subrogee of Veronica Negrete f. 21 Century Insurance Company as Subrogee of Veronica Negrete g. Kara Zantos h. Janice Kuhn ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.12 Award of Contract - Bid No. 123 -20; (Proposition 1B) State -Local Partnership Program (SLPP); Jamboree Road Rehabilitation Project. (A2100.0 Agr -5992) ACTION: 1) Awarded the contract in the amount of $1,559,443.59 to R.J. Noble Company, and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Approve Change Order No. I in the amount of $326,000.00. 3.13 Final Acceptance of Bid No. 123 -21; Annual Concrete Replacement at Various Locations, FY- 2012 -13 performed by Kalban, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5970) ACTION: Accepted public work improvements, authorized release of the Guarantee Company of North America USA of Michigan, Bond No. 12089331 in the amount of $404,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.14 Award of Contract - Bid No. 123 -28; Sewer Line Replacement at Various Locations Project, FY 2012 -13. (A2100.0 Agr -5993) ACTION: Awarded the contract in the amount of $742,000.00 to SND Construction, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. Page 4 CITY COUNCIL MINUTES May 14, 2013 3. CONSENT CALENDAR (Continued) 3.15 Award of Contract - Bid No. 123 -32; Community Development Block Grant (CDBG) Project — Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2012 -13. (A2100.0 Agr -5994) ACTION: 1) Rejected Rakan, Inc.'s bid; and 2) Awarded the contract in the amount of $68,333.00 to Mora's Equipment and Construction, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. 3.16 Award of Contract - Bid No. 123 -33; Emergency Power Generator for Fire Station No. 4. to TSR Construction and Inspections, in the amount of $87,400.00. (A2100.0 Agr -5995) ACTION: Awarded the contract and authorize the Mayor and City Clerk to execute on behalf of the City. RESOLUTIONS (REMOVED AND HEARD SEPERATELY) 3.17 RESOLUTION NO. 10711 (OR1800.0.27.16.2) A Resolution of the City Council of the City of Orange Approving and Adopting a Statement of Investment Policy for Fiscal Year 2013 -14. Discussion — Councilmember Alvarez asked for clarification on the credit ratings being changed. Finance Director Rich Jacobs explained that the change was to reflect that the AAA rating language be lifted, and that any downgrade would generate a review to determine whether the City should retain a specific fund. Councilmember Whitaker mentioned that a year ago the City Council discussed this policy to include a review of any fund that has its credit rating downgraded. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve. 3.18 RESOLUTION NO. 10712 (P2500.0.1) A Resolution of the City Council of the City of Orange finding that certain City -Owned Real Property Located at 1314 North Cannon Street in the City of Orange is Surplus to the City's needs and Authorizing the Sale of Said Property. ACTION: Approved. Page 5 CITY COUNCIL MINUTES May 14, 2013 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPERATELY) 3.19 RESOLUTION NO. 10716 (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange Resolving a Failure By Representatives of the City and the Orange Police Management Association to Agree Upon the Terms and Conditions for a Fiscal Year 2012 -2013 Memorandum of Understanding Between Representatives of the City and the Orange Police Management Association. Discussion — Councilmember Alvarez and Mayor Smith both indicated they thought the two sides are very close to an agreement and a continuation might be best. Councilmembers Whitaker and Bilodeau suggested the Council stay the course and continue with action on the item. Mayor pro tern Murphy asked if any new proposals had come in. City Manager John Sibley explained that a new proposal had been received which exceeded any previous proposals. Upon questioning by Council, Special Counsel Jeff Freedman indicated this information could be discussed in Closed Session. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved the consideration of the item to the end of the agenda after Closed Session. NOTE: The City Council re- convened at 7:40 p.m. after the Closed Session. MOTION - Whitaker SECOND - Bilodeau AYES - Whitaker, Murphy, Bilodeau NOES - Alvarez, Smith Moved to Approve and authorize staff to make the necessary budget adjustments and/or appropriations to the departments' salary and benefit accounts to fund any increased costs. Page 6 CITY COUNCIL MINUTES May 14, 2013 3. CONSENT CALENDAR (Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.20 Final Acceptance of Bid No. 123 -14; Slurry Seal at Various Successor Agency Owned Parking Lots project performed by Pavement Coatings Company; and authorization to file Notice of Completion with County Recorder. (No staff report required. (A2100.0 Agr -5931) ACTION: Accepted public work improvements, authorized release of The Ohio Casualty Insurance Company of New Hampshire Labor and Material Bond, Bond No. 6718313 in the amount of $140,637.00 to the contractor on said job, and authorized the Successor Agency Chairperson and Successor Agency Clerk to execute the Notice of Completion. MOTION - Bilodeau SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Item 3.10 and Item 3.17 were pulled and heard separately. Item 3.19 was moved and voted on after the Closed Session. All other items were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** 4. REPORTS FROM MAYOR SMITH - None 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Appointment of Mr. Daniel Correa to the Planning Commission. Discussion — Councilmember Alvarez spoke about Mr. Correa's qualifications. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve the appointment of Daniel Correa to the Planning Commission. Page 7 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS May 14, 2013 7.1 A Participation Agreement between SFV Diversified Inc. and the City of Orange which will provide for the incremental sharing of sales tax revenue over a term of twenty years under the City's Sales Tax Sharing Program. (A2100.0 Agr -5996) NOTE: Mayor pro tem Murphy and Councilmember Whitaker recused themselves due to potential conflicts with employment. MOTION -Smith SECOND - Bilodeau AYES - Alvarez, Smith, Bilodeau ABSTAIN - Whitaker, Murphy Moved to hear this item at the end of the agenda. Discussion — Assistant City Manager Rick Otto gave the staff report, indicating this agreement will be with a new Volkswagen dealership on West Katella. Councilmember Bilodeau thanked staff for a well crafted agreement that brings a new business to Orange. Mayor Smith clarified that the City will receive tax money from the state prior to sending out payments to the business on a quarterly basis. Councilmember Alvarez clarified that the agreement is performance based and clarified that the agreement is for twenty years. Mr. Otto responded that the business will only get paid if the thresholds are met and the City receives their money from the State. Speaker — Applicant Greg Brown thanked the City and staff for the agreement. MOTION -Smith SECOND - Bilodeau AYES - Alvarez, Smith, Bilodeau ABSENT (RECUSED) - Murphy, Whitaker Moved to: 1) Approve the Participation Agreement with SFV Diversified Inc.; and 2) Authorize the Mayor to execute and the City Clerk to attest to the Participation Agreement with SFV Diversified Inc. Page 8 CITY COUNCIL MINUTES May 14, 2013 S. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-13 (SECOND READING) (Z1500.0) An Ordinance of the City Council of the City of Orange Approving Zone Change 1269 -13, Rezoning Properties in the Lemon Street Corridor 2010 General Plan Land Use Focus Area to Residential Multiple Family (R -3), Light Manufacturing (M1), and Industrial Manufacturing (M2) to Establish Consistency between the Medium Density Residential, Light Industrial, and Industrial General Plan Land Use Designations and Zoning Classification in Accordance with State Law. NOTE: Councilmember Whitaker recused himself due to a potential conflict with his employment. MOTION - Murphy SECOND - Smith AYES - Alvarez, Smith, Murphy, Bilodeau ABSENT (RECUSED) - Whitaker Moved that Ordinance No. 03 -13 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 04-13 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange adding Chapter 3.25 to Title 3 of the Orange Municipal Code Relating to the Establishment of a Sales Tax Sharing Program. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 04 -13 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. Page 9 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS May 14, 2013 11.1 STREAMLINING THE REVIEW OF CERTAIN DEVELOPMENT AND USE APPLICATIONS. (A2500.0) Time set for a public hearing to consider Ordinance No. 5 -13 to Streamline City Review of Certain Types of Development and Use Applications Related to Home Occupations, Recurring Temporary Uses, Zoning Administrator Variances for Legal Non - Conforming Setbacks, Access and Garage Dimensions, and Wireless Communication Facilities. Discussion — Principal Planner Anna Pehoushek gave the staff report. Mayor Smith clarified with staff the following: • In a residential zone that has a public use like a park or a school, a CUP could be issued to allow a new wireless facility; • Revenues from wireless facilities would belong to the owner of the facility; • Staff will save time and money in processing these type of requests using the new streamlined procedures; and • The CUP process will require a public noticing procedure. Councilmember Whitaker reminded the Council that staff is following Council's direction to streamline the process. ORDINANCE NO. 05-13 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange Municipal Code to Streamline City Review of Certain Development Applications and Types of Uses Related to Home Occupations, Recurring Temporary Uses, Zoning Administrator Variances, Legal Non - Conforming Garage Dimensions, and Wireless Communication Facilities. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines section 15305; and that Ordinance No. 05 -13 be read by title only and same was set for second reading by the preceding vote. Page 10 CITY COUNCIL MINUTES May 14, 2013 12. RECESS TO CLOSED SESSION The City Council recessed at 5:58 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, Steven Pham, Human Resources /Employee Relations Director, 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(a): Vasquez v. Rackauckas, et. al. USDC Case No. SACV09 -1090 VBF (RNBx) C. Conference with Legal Counsel — Potential Litigation — Significant exposure to litigation pursuant to Government Code Section 54956.9(b). 1) One potential case. d. Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title: City Manager. e. 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. 13. ADJOURNMENT — There was no 7:00 p.m. Session. The City Council recessed at 7:45 p.m. to an Adjourned Regular Meeting Study Session in the Weimer Room at City Hall to review the proposed FY 2013 -14 Budget and Capital Improvement Plan; and recessed back to Closed Session at 8:45 p.m. The City Council adjourned the Regular Meeting (Closed Session) at 9:40 p.m. The Next Regular City Council meeting will be held on Tuesday, May 28, 2013 at 4:30 p.m. in the Council Chambers. Declaration of Chief City Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of May 14, 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 said regular meetin and available at the Civic Center City Clerk's Office. J M i HY RK TERESA E. SMITH MAYOR Page 11