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7/8/2008 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON JULY 22, 2008 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING July 8, 2008 The City Council of the City of Orange, California convened on July 8, 2008, 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 Danny Kurimay, Zion Christian Center 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Denis Bilodeau 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Proclamation to Orange Children & Parents Together and to the EI Modena Branch Library, designating "Reading Is Fundamental" Recognition Day. Presentation of Proclamation designating July as Parks & Recreation Month. Presentation of Proclamation to Frank Boehler, Director, Office of Child Welfare and Attendance, Orange Unified School District. 2. PUBLIC COMMENTS - None. P;loe 1 ,_ AI.. CITY COUNCIL MINUTES July 8, 2008 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 Request Council Confirmation of warrant registers dated June 19, 26 and 30, 2008. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, June 24, 2008. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Cooperative Agreement between the City of Orange and the County of Orange for land exchange for the construction of the Cannon Street and Santiago Canyon Road Improvements. (SP-3233). (A2100.0 Agr-5296) SUMMARY: The Cooperative Agreement between the City of Orange and the County of Orange establishes the respective responsibilities of each agency for the land exchange of parcels at the intersection of Cannon Street and Santiago Canyon Road. ACTION: Approved the Cooperative Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: There is no fiscal impact other than staff time associated with the negotiation and preparation of the Cooperative Agreement. Exchange of properties with the County represents an estimated savings to the City of $800,000 if the property was acquired for project implementation. PAGE 2 CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) 3.5 Termination of Agreement No. 4401 and associated First and Second Amendments with P&D Consultants and TCB/AECOM, doing business as EDA W, and execution of a new consolidated contract under the sole name of EDA W, Inc. in response to corporate restructuring involving the City's consultant. (A2100.0 Agr-5297) SUMMARY: The City originally entered into Agreement No. 4401 in January 2004 with Cotton/Bridges/Associates, a Division of P &D Consultants. The First Amendment to the contract was executed in October 2005 with the same corporate entity. The Council approved the Second Amendment to the contract in February 2008. That amendment identifies the consultant as TCB/ AECOM, doing business as EDA W. At this time the consultant has requested that a new contract under the sole name of EDA W be executed with the City and the original contract and associated amendments be terminated. This request does not involve any changes to the previously approved scope of work and budget for the project. ACTION: 1) Terminated Agreement No. 4401 with Cotton/Bridges/Associates, a Division of P&D Consultants and associated First and Second Amendments, also naming TCB/AECOM, doing business as EDA W (formerly Cotton/Bridges/Associates, a Division of P&D Consultants); and 2) Approved an agreement with EDA W, Inc., in the amount of $301,250.66 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: This action does not involve any change to the approved project budget. (REMOVED AND HEARD SEP ARA TEL Y) 3.6 Official Police Towing and Storage Service Agreements. (A2100.0 Agr-5298; 4710.1; 4713.1; 4714.1; 4715.1) SUMMARY: The Orange Police Department uses private towing companies for the removal, storage and impound of vehicles during the course of business. Individual companies are qualified according to the agreement and Department Order 66. The current agreement with the contracted tow companies is scheduled to expire on July 7, 2008. It is the recommendation of the Police Department and the City Attorney to extend the current contract for one year with the companies that are currently in good standing. In addition, we would add Hadley's Towing to the official contract for the same one year period. This extension and new contract would be effective through July 7,2009. Discussion - In response to a request from Councilmember Bilodeau, City Manager John Sibley reported he will provide a written report to the Council on the initial findings on the possibility of a City tow yard. PAGE 3 CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) MOTION: SECOND: AYES: ABSENT: Bilodeau Cavecche Smith, Murphy, Cavecche, Bilodeau Dumitru Moved to 1) Authorize the Mayor and City Clerk to execute the first amendment to the agreements between the City and Orange Towing, American All-Star Towing, Archies Towing and Tows-R-Russ, on behalf of the City; and 2) Authorize the Mayor and City Clerk to execute the agreement between the City and Hadley Tow, on behalf of the City FISCAL IMP ACT: No fiscal impact for services provided for non-City owned vehicles. 3.7 Approval of Property Use Agreement with the City of Orange Public Library Foundation (OPLF) concerning a fundraising opportunity during the 2008 International Street Faire. (A2100.0 Agr-3580.E) SUMMARY: Agreement to allow the non-profit OPLF to operate pay parking lots once again on four areas of designated City property during the International Street Faire. Cost per parking stall or per vehicle will be $10.00. ACTION: Approved Agreement with the City of Orange Public Library Foundation (OPLF) to operate pay parking lots at $10.00 per parking stall or per vehicle in four areas of designated City property during the 2008 International Street Faire. FISCAL IMP ACT: Because the Library Foundation will reimburse the City for staff costs (if any) associated with the use of the parking lots as a fundraiser, there is no fiscal impact. (REMOVED AND HEARD SEPARATELY) 3.8 A proposed agreement with Hogle-Ireland, Inc. to prepare mixed-use zoning standards for inclusion in the City's Zoning Ordinance, and consider approval of a Cooperation Agreement between the City and Redevelopment Agency to provide for the Agency to pay for the work effort. (A2100.0 Agr-5299; 5300) (See related Redevelopment Agency Minutes Item No. 3.4.) SUMMARY: Preparation of mixed-use zoning standards is being undertaken in anticipation of the City's adoption of mixed-use land use districts proposed as part of the Comprehensive General Plan Update. The proposed General Plan land use designations include five new mixed-use categories. The existing Zoning Ordinance does not include development standards specific to mixed-use projects. Development standards are needed to implement the new land use designations once they are adopted. Preparation of the mixed-use zoning standards is being undertaken at this time so that they are complete and ready for adoption either in conjunction with, or immediately following the adoption of the General Plan Update. PAGE 4 CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) Discussion - Councilmember Smith commented on the increased density that will result from the mixed-use zoning and requested that adequate representation of the public, as well as the General Plan Advisory Committee, be included in establishing the standards. She also requested the integrity of the neighborhoods be protected; the demolition guidelines be strictly adhered to; and that the briefings to Council and the Planning Commission, as well as the two public hearings not take place during the holiday season. Mayor Cavecche commented on the need to address infrastructure needs resulting from the increased density. MOTION: Smith SECOND: Cavecche AYES: Smith, Murphy, Cavecche, Bilodeau ABSENT: Dumitru MOVED TO: 1) Approve an agreement with Hogle-Ireland, Inc. to prepare the mixed- use zoning standards for an amount not to exceed $60,000; 2) Approve the Cooperation Agreement between the City and Redevelopment Agency to provide for the Agency to pay for the cost associated with the mixed-use zoning standards preparation, and authorize the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds will be available in the following accounts upon appropriation in a companion item on the Redevelopment Agency agenda: 943-9800-426700-9798 Mixed Use Ordinance $60,000 APPROPRIATIONS 3.9 Assembly Bill (AB) 3229 grant money for funding of Police support personnel. (C2500.K) SUMMARY: AB 3229 makes funds available under the Citizen's Option for Public Safety (COPS) Program in the Governor's budget. The City of Orange anticipates receiving $241,700 of these funds and proposes to fund one Crime Prevention Specialist, and one part-time and one full-time Civilian Investigator. These positions enhance the Police Department's ability to place sworn Police Officers in the field. ACTION: When received, allocated the FY 2008 COPS grant award to fund two full- time and one part-time civilian positions through June 30, 2009. PAGE 5 CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Since 1997, the City of Orange has received funds through the COPS grant program. These funds have been placed in a separate fund (354 - AB 3229 Supplemental Law Enforcement Services) and cannot be transferred to or intermingled with other funds, except to facilitate appropriation and expenditures by the statute. Interest earnings in Fund 354 will also be allocated to payroll expenditures for the three positions. The anticipated award of $241,700 will support the allocation plan and the approval does not require a budget adjustment. 3.10 Request to accept into the City's revenue budget and to appropriate two donations to Orange Public Library: $2,500.00 from the Woman's Club of Orange, and $300.00 from Soroptimist International of Orange. (C2500.I) SUMMARY: The Woman's Club of Orange, using the City of Orange Public Library Foundation as its conduit, has donated $2,500.00 to the library, and Soroptimist International of Orange has also donated $300.00. The funds will be used to purchase new story time books, puppets and other materials to support children's programming at the city's libraries. Acceptance of these revenues and their appropriation into the FY 08-09 budget are requested. ACTIONS: 1) Accepted a $2,500.00 donation from the City of Orange Public Library Foundation, representing a gift from the Woman's Club of Orange, and direct the funds to revenue account 100-2001-293900-9935; 2) Accepted a $300.00 donation from Soroptimist International of Orange, and direct the funds to revenue account 100-2001- 293900-9935; and 3) Appropriated these two donations to expenditure account 100- 2017-443400-9935 (Woman's Club & Soroptimist Donation). FISCAL IMPACT: The Library's available funds for books, puppets and other materials to support children's storytimes will increase by $2,800.00 in FY 08-09 thanks to these donations from the Woman's Club of Orange and Soroptimist International of Orange. 3.11 CLAIMS (C3200.0) SUMMARY: 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. Nature's Wellness Collective, Inc. b. Laurie Potter ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE I) CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) CONTRACTS 3.12 Award of Contract; Bid No. 078-64 Fire Department Headquarters Tenant Improvements (SP-3567). (A2100.0 Agr-5302) SUMMARY: Bids for the Fire Department Headquarters Tenant Improvements were received, and opened on June 19, 2008. Four bidders responded to the Notice Inviting Bids. The apparent low bidder is R. S. Haglund Construction of Santa Ana in the amount of $48,833.75. The Engineer's Estimate is $70,000 including contingencies and construction engineering. ACTION: 1) Awarded the contract in the amount of $48,833.75 to R. S. Haglund Construction and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Authorized the City's Director of Public Works to approve and execute any contract change orders deemed necessary and appropriate during the course of construction in an amount, in the aggregate, not to exceed 10% of the contract amount. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are available in the following account: 500-3011-481200-2615 (Fire Headquarters Office Reconfiguration) $100,000 3.13 Award of Bid No. 078-51; Liquid Chlorine Deliveries to various City of Orange Well Sites for Fiscal Year 2008-2009. (A2100.0 Agr-5301) SUMMARY: This contract authorizes the vendor to supply and deliver liquid chlorine to various City of Orange Well Sites. Waterline Technologies, Inc. of Santa Ana is the lowest responsible bidder. ACTION: Awarded the contract in the amount of $60,706.56 to Waterline Technologies, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and are available in the Water Operating Fund for Fiscal Year 200812009. The total contract amount is based upon an estimate of 12 months expenditures. 600-8011-445300 (Chemicals) $60,706.56 3.14 Final Acceptance of Bid No. 078-14; SP-3615; Fire Station No.3 & 7 Automatic Gates and Fences and authorization to file Notice of Completion with the County Recorder (No staff reoort required). (A2100.0 Agr-5145) SUMMARY: Bid No. 078-14; SP-3615; Fire Station No.3 & 7 Automatic Gates and Fences. The contractor on said job was La Habra Fence Co., Inc. PAGE 7 CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) ACTION: Accepted public work improvements, authorized issuance of City of Orange check for $43,409.00 to La Habra Fence Co., Inc. to reimburse for Cashiers Check Number 58096 dated October 12, 2007 in the amount of $43,409.00 from Pacific Mercantile Bank that was deposited into City of Orange bank on October 25,2007 and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.15 Final Acceptance of Bid No. 078-43; SP-3571; Prospect Street Rehabilitation Project from Chapman Avenue to Bond Avenue and authorization to file Notice of Completion with the County Recorder (No staff reoort required). (A2100.0 Agr- 5261) SUMMARY: Bid No. 078-43; SP-3571; Prospect Street Rehabilitation Project from Chapman A venue to Bond A venue. The contractor on said job was Hardy and Harper, Inc. ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 04439358 in the amount of $619,000.00 and authorize the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. PURCHASES 3.16 Purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of $120,000.00. (C2500.I) SUMMARY: Request for authorization of a $120,000.00 purchase order with Baker & Taylor, Inc., for print and non-print materials (i.e., books, DVDs, compact discs, etc.) for the Taft and El Modena branch libraries and for the Orange Public Library & History Center (also known as the Main Library). ACTION: Authorized purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of $120,000.00. FISCAL IMP ACT: Sufficient funds exist in the following account: 100-2001-443101-0000 (Library Books) $120,000.00 PAGE R CITY COUNCIL MINUTES July 8, 2008 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.17 RESOLUTION NO. 10304 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2008-03 combining two parcels of certain real properties situated at 2200 and 2248 N. Batavia Street in the City of Orange, County of Orange, State of California. Owner: USF Bestway, Inc., an Arizona Corporation ACTION: Approved. 3.18 RESOLUTION NO. 10309 (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Fire Management Association effective March 1,2008 through February 28,2011. ACTION: 1) Approved Resolution No. 10309; 2) Authorized appropriations to the proper Fire Department salary and benefit account for FY 08 of $14,728 from the unreserved fund balance of the General Fund 100 (the remaining costs have already been included in the FY 08 budget); and 3) Authorized appropriations to the proper Fire Department salary and benefit accounts for FY 09 of $45,306 from the unreserved fund balance of the General Fund 100 (the remaining costs have already been included in the FY 09 budget). 3.19 RESOLUTION NO. 10310 (C2500.J.1.0.1) A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust Emergency Ground Transportation Ambulance Rates. ACTION: Approved. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Items 3.6 and 3.8 were removed and heard separately. All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** PAGE Q CITY COUNCIL MINUTES July 8, 2008 4. REPORTS FROM MAYOR CA VECCHE - None. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. PUBLIC HEARINGS 10.1 WIRELESS COMMUNICATION FACILITIES. (A2500.0 Ord-06-08) Time set for public hearing to consider an Ordinance updating definitions and procedures pertaining to the placement and design of wireless communication facilities. ORDINANCE NO. 06-08 (FIRST READING) An Ordinance of the City Council of the City of Orange amending Section 17.04.042 and 17.12.025 of the Orange Municipal Code to update definitions and procedures pertaining to the placement and design of wireless communication facilities. Discussion - Councilmember Smith requested a continuance to the July 22, 2008 meeting at 4:30 p.m. MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved to continue to the July 22, 2008 Council meeting. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL MINUTES July 8, 2008 12. RECESS TO CLOSED SESSION The City Council recessed to a Closed Session at 5:05 p.m. for the following purposes: a. Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title: City Manager b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 City's designated representative: City Attorney David De Berry Unrepresented employee: City Manager John Sibley c. Conference with labor Negotiator pursuant to government Code Section 54957.6: City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary Employee Organizations: Police d. 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 11 CITY COUNCIL MINUTES July 8, 2008 7:00 P.M. SESSION 13. PUBLIC COMMENTS - Russell Garcia, spoke favorably on a proposed development. 14. PUBLIC HEARINGS 14.1 WEED ABATEMENT. (C2500.H.2) Time set for a hearing to consider and hear objections to the proposed removal of weeds which constitutes a public nuisance upon property generally located between La V eta Avenue and Fairhaven Avenue, and between Esplanade Street and Woodland Street (Assessor's Parcel Numbers 094-451-38 and 094-122-21). NOTE: Resolution No. 10306 adopted by the City Council on June 24, 2008 declares weeds a public nuisance and initiates abatement proceedings. Discussion - Raymi Wun, Fire Inspector Specialist, provided a report, clarifying that there has been communication with the property owner; that this action would be the final action and initiate abatement by the city's contractor; and that there is Fire Department access onto the property, even ifthere is a locked gate. MAYOR CA VECCHE OPENED THE PUBLIC HEARING Brian Jacobs - spoke in favor of the weed abatement, suggesting that the city consider a more expedient manner to abate weeds. John Wolfe - spoke in favor of the weed abatement. MAYOR CA VECCHE CLOSED THE PUBLIC HEARING Council Action: MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved to find that properties described as Assessor Parcel Numbers 094-451-38 and 094-122- 21 be declared as a public nuisance and require abatement of the properties by the City's Weed Abatement Contractor. P;loe 12 CITY COUNCIL MINUTES July 8, 2008 14. PUBLIC HEARINGS (Continued) 14.2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94-1 (SYCAMORE CROSSING). (L1200.0 LMD-94-1 Sycamore Crossing) Time set for public hearing to consider approval of the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 94-1, which is located in the Sycamore Crossing Tract. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS AND NO PROTESTS RECEIVED, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. Howard Morris, Sr. Landscape District Coordinator, reported he has been meeting with a representative of the Homeowners Association, and will continue those meetings, on the possibility of transferring maintenance responsibility to the Association. Councilmember Murphy suggested the assessment not be raised this year, that the reserves be used to make up the difference and that staff work with the Homeowners Association to have the association assume responsibility for the maintenance effective one year from now. City Attorney David DeBerry stated he will research the specifics on how the Council can dissolve this landscape district, including the status of the bike trail and the reserves; and whether there were any conditions in the original development for property maintenance. Staff noted approximately $10,000 of the reserves will be utilized if the rates remain at the current level. Council Action: MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved to freeze the assessment at the current level for Landscape Maintenance Assessment District 94-1; and direct staff to begin the process of transferring the maintenance responsibility to the Homeowners Association. PAGE 13 CITY COUNCIL MINUTES July 8, 2008 14. PUBLIC HEARINGS (Continued) 14.3 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 86-2 (SANTIAGO HILLS). (L1200.0 LMD-86-2 Santiago Hills) Time set for public hearing to consider approval of the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 86-2, which is located within the Upper Peters Canyon Specific Plan Area (Santiago Hills). MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS AND NO PROTESTS RECEIVED, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. Council Action: RESOLUTION NO. 10307 A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the Annual Assessment for Landscape Maintenance District 86-2 (Santiago Hills). MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved to approve Resolution No. 10307. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved to establish the assessment for Fiscal Year 2008-09 for Landscape Maintenance Assessment District 86-2 at $369.44 per single family unit per year. PAGE 14 CITY COUNCIL MINUTES July 8, 2008 15. PLANNING AND ENVIRONMENT - None. 16. ADJOURNMENT - The City Council adjourned at 7:30 p.m. The next Regular Council Meeting is scheduled for July 22,2008. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 8, 2008 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 meeting. ~ . MURPHY CITY CLERK PAGE 15