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Council Minutes 03/27/12APPROVED BY THE CITY COUNCIL ON APRIL 10, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA March 27, 2012 The City Council of the City of Orange, California convened on March 27, 2012 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 Finance Director Rich Jacobs 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred Whitaker 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Community Services Department - Recognition of 2011 Community Event Sponsors Recognition of Employee Service 2. PUBLIC COMMENTS - Matthew Dragas, Buffalo Wild Wings at The Outlets, spoke on their plans to re -open their Conditional Use Permit to amend their hours of operation. Will Heilbut, AIDS Walk OC, spoke on the event to be held on May 6 th at Disneyland. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR March 27, 2012 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 March 1 and March 8, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of March 13, 2012 and Adjourned Regular Meeting of March 13, 2012. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. APPROPRIATIONS 3.4 Agreement with Midwest Roofing Company, Inc. and Appropriation of Funds for Removal and Replacement of the Roof on the Community Building at Hart Park. A2100.0 Agr -5855 ACTION: Appropriated $51,880 from unreserved Fund 511 to Account No. 511.7021.56015.20138 (Hart Park Community Building Roof Replacement); and awarded contract to Midwest Roofing Co., Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.5 Bid No. 112 -18; Annual Pavement Maintenance at Various Locations, Fiscal Year 2011 -12; approval of plans and specifications and authorization to advertise for bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Pavement Maintenance at Various Locations, FY 2011 -12 Project. Page 2 CITY COUNCIL MINUTES March 27, 2012 3. CONSENT CALENDAR (Continued) 3.6 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. First United Methodist Church b. Lisa Gange ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.7 Final Acceptance of Bid No. 112 -02; Street Rehabilitation and Reconstruction Projects: Lemon Street, Olive Street, Palmyra Avenue, Century Avenue, Norwood Street, Burly Avenue, Alanda Avenue, Thomas Street and Lemon Street performed by Hardy & Harper, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr - 5805) ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company, Bond No. 0572633 in the amount of $633,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.8 Final Acceptance of Bid No. 112 -08; Automatic Retractable Screens Phase I / Old Towne Retractable Screens: Various Locations performed by West Coast Storm, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5834) ACTION: Accepted public work improvements, authorized release of Westchester Fire Insurance Company, Bond No. K08349976 in the amount of $76,972.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.9 Final Acceptance of Priority Improvements; Steve Ambriz Memorial Park, Storm drainage through the Park, Lincoln Avenue /Riverbend Parkway Intersection, Slurry Paving of Riverbend Parkway, and the Bioswale and Water Quality Basin performed by ITX Construction /Consultants, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5725) ACTION: Accepted "Priority Improvements" as outlined in the Acquisition Agreement dated December 1, 2009 and any subsequent amendments and; authorized the Mayor and City Clerk to execute the Notice of Completion. Page 3 CITY COUNCIL MINUTES March 27, 2012 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.10 RESOLUTION NO. 10639 (C2500.E) A Resolution of the City Council of the City of Orange Expressing Appreciation to Virginia Nerio Commending Her for More than Ten Years of Loyal and Dedicated Service to the City of Orange and Over Twenty Years of Public Service. ACTION: Approved 3.11 RESOLUTION NO. 10640 (C2500.H) A Resolution of the City Council of the City Of Orange Expressing Appreciation to Firefighter Roger Fitschen of the Orange City Fire Department for Forty Years of Loyal and Dedicated Service. ACTION: Approved REPORTS 3.12 General Plan Annual Progress Report to the State of California. (C2300.E) ACTION: Received and filed 2011 General Plan Annual Progress Report for submittal to the State. SPECIAL EVENTS 3.13 Special Events Permit with Motorsports Industries to Host a Z -car Exhibition Car Show on Sunday, April 29, 2012. (P1300.0.9) ACTION: 1) Approved the Special Events Permit with Motorsports Industries to host a Z -car Exhibition Car Show on April 29, 2012; and 2) authorized the closure of Collins Avenue from Batavia Street to Main Street, pursuant to the requirements of Section 12.58.015 of the Orange Municipal Code. Page 4 CITY COUNCIL MINUTES March 27, 2012 3. CONSENT CALENDAR (Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.14 Approval of the Proposed Recognized Obligation Payment Schedule (ROPS2) for the period of July 1, 2012 — December 31, 2012; and authorize the Transmittal of the ROPS2 to the Oversight Board Pursuant to Assembly Bill 26. (SA1000.0) Note: The City Clerk read the list of line items and reasons for the Council abstentions. RESOLUTION NO. SAORA -003 A Resolution of the Governing Body of the Successor Agency to the Orange Redevelopment Agency Adopting a Proposed Recognized Obligation Payment Schedule as referred to in Section 34177(1)(2)(A) of the California Community Redevelopment Law. ACTION: Approved resolution and directed minutes to reflect City Council abstentions and reasons therefore: Mayor Cavecche — No. 10 due to her position on the Orange County Transportation Authority Board. Mayor pro tern Bilodeau — Nos. 1, 2, 3, 4, 28, and 37 due to his employment with the County of Orange. No. 7 due to his position on the Orange County Water District Board. Nos. 8, and 9 due to his position as an alternate on the Orange County Sanitation District Board. No. 11 due to his position on the Orange County Vector Control District Board. Councilmember Whitaker — No. 5 due to his position on the Santiago Canyon College Foundation Board. No. 29 due to SC Fuels being a source of income for his law firm. Nos. 46 — 47, and 57 — 61 due to Metrolink being a source of income for his law firm. Councilmember Dumitru — Nos. 8 and 9 due to his position on the Orange county Sanitation District Board. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru All items on the Consent Calendar were approved as recommended with recorded line item abstentions and reasons therefore on Item 3.14. END OF CONSENT CALENDAR Page 5 CITY COUNCIL MINUTES March 27, 2012 4. REPORTS FROM MAYOR CAVECCHE 4.1 Consideration of Appointment of Mr. Robert Imboden to the Design Review Committee, to Fill an Unexpired Term through June 30, 2012. MOTION - Cavecche SECOND -Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru ABSTAIN - Bilodeau Moved to approve the appointment of Mr. Robert Imboden to the Design Review Committee to fill an unexpired term through June 30, 2012. 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Exclusion of All Future Elected Officials from the Public Employees Retirement System (PERS). (Continued from February 14, 2012.) (A2100.0 Agr- 0281.16) Discussion — Assistant City Attorney Wayne Winthers gave a brief staff report. RESOLUTION NO. 10627 A Resolution of the City Council of the City of Orange Giving Notice of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Orange to Exclude Future Elected Officials from Membership in the Retirement System. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved to approve Resolution No. 10627. Page 6 CITY COUNCIL MINUTES March 27, 2012 7. ADMINISTRATIVE REPORTS (Continued) ORDINANCE NO. 01 -12 (FIRST READING) An Ordinance of the City Council of the City of Orange Authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System and the City of Orange to Exclude Future Elected Officials from Membership in the Retirement System. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved that Ordinance No. 01 -12 be read by title only and same was set for second reading by the preceding vote. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 06-12 (SECOND READING) (Z1500.0) An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange Municipal Code to Allow Homeless Shelters in the M -1 and M -2 Zoning Districts, Subject to Certain Development Standards and Requirements. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved that Ordinance No. 06 -12 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 19 -11 (SECOND READING) (A2500.0 Ord- 19 -11) An Ordinance of the City Council of the City of Orange Amending Chapter 17, Section 17.20.240 of the Orange Municipal Code Regulating Electromagnetic and Radio Frequency Interference. MOTION - Whitaker SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved that Ordinance No. 19 -11 be read by title only and same was approved and adopted by the preceding vote. Page 7 CITY COUNCIL MINUTES March 27, 2012 10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 11. NOTICED HEARINGS 11.1 2012 Edition of the Standard Specifications for Public Works Construction. (A2500.0 Ord- 04 -12) Time set for a Noticed Hearing to Consider Adoption of the 2012 Edition of the Standard Specifications for Public Works Construction. THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 04-12 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the Orange Municipal Code to Adopt the 2012 Edition of the "Standard Specifications for Public Works Construction ". MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved that Ordinance No. 04 -12 be read by title only and same was set for second reading by the preceding vote. Page 8 CITY COUNCIL MINUTES March 27, 2012 12. RECESS TO CLOSED SESSION 1. The Successor Agency recessed at 5:05 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel — Existing Litigation — Significant exposure to litigation pursuant to California Government Code Section 54956.9(b): One potential case — Cask and Clever, Inc., Case No. 30- 2009 - 00121095- CU- UD -CJC 2. The City Council recessed at 5:05 p.m. to a Closed Session for the following purposes: b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Jeffrey Freedman, Special Counsel, and David A. DeBerry, Interim City Attorney Employee Organizations: All Bargaining Units C. Public employee appointment /employment pursuant to Government Code Section 54957: Title: City Attorney 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. NOTE: Mayor Cavecche reported out from the Closed Session, regarding Item c, that Council directed the Assistant City Attorney Wayne Winthers to write, and staff to execute, a contract with Bob Murray and Associates for recruitment services for a City Attorney. Page 9 CITY COUNCIL MINUTES 7:00 P.M. SESSION 13. PUBLIC COMMENTS - None 14. PUBLIC HEARINGS 14.1 PROPOSED WATER RATE INCREASE. (C2500.P) March 27, 2012 Time set for public hearing to consider adoption of new rates to provide water service to residential, commercial, industrial, and institutional customers. Discussion — Public Works Director Joe DeFrancesco introduced Larry Dick, Director, and Kevin Hunt, General Manager, Municipal Water District of Orange County (MWDOC), the wholesale water provider; as well as Ann Bui, Director, Black and Veatch Corporation, preparers of the rate model and rate study. Deputy Public Works Director Michael Wolfe provided a staff report, reviewing pass- through and multi - family residential options, fixed and variable costs, and a 5 -year rate model. He stated that the Water Department looked at overhead and fixed costs to identify where savings might occur and reported on the changes to utility billing, the freezing of six positions, and the deferment of landscape maintenance. Discussion ensued on the cost of water purchased from water providers, and the differences of multi - family v. single - family usage of water. City Attorney David DeBerry explained what constitutes compliance with Prop. 218 regulations. Councilmember Dumitru asked about the recent water rates case involving the City of Palmdale, noting that the Second Appellate Court's opinion specifically stated that Palmdale's rates were unconstitutional by State constitution because it had no showing of disparity amongst parcels. Mr. DeBerry responded that as long as the Black & Veatch study supported the reasonable costs of providing water, the City would be Prop. 218 compliant. Mayor Cavecche stated that the OCWD directed the maximum percentage of water the City was allowed to pump, and the balance was purchased import water. Council received clarification on various aspects of costs, operation, noticing, the water fund, and Orange having the lowest rates in the County. Mayor pro tem Bilodeau stated the pass- through option appealed to him, noting it is strictly a commodity charge, would save Prop 218 mailing costs, and that the Water Fund is a self sustaining operation. However, if approved, and the pass- through costs would increase, he would like to see an item on the Council agenda for the public to be able to address Council for an explanation on the Consent Calendar. Council agreed to this condition being added to the resolution as Condition No. 6. Page 10 CITY COUNCIL MINUTES March 27, 2012 14. PUBLIC HEARINGS (Continued) THE MAYOR OPENED THE PUBLIC HEARING. Speakers — Mr. John M. Rau spoke on lack of information for the public, the need for a Profit & Loss Statement, employees salaries, and the Corps of Engineers 100 - year -flood plan; Mr. Lynn Musgrave wanted confirmation that employee salary and retirement costs were not part of the reason for the cost increase; Mr. Ashgrove spoke on whether the savings had been returned to the Water Fund; the proposed increase of 3% for the next five years; and whether the model was based on actual or projected costs; Linda Pamitch spoke on the compounding of the yearly percentage increases. The City Clerk announced that 73 protest letters had been received from property owners. THE MAYOR CLOSED THE PUBLIC HEARING. Council addressed the concerns of the speakers. Assistant City Manager Rick Otto clarified that if Council wanted to approve the multi - family residential rate change, they need to reflect this by reference to Attachment Al in the Resolution. RESOLUTION NO. 10638 A Resolution of the City Council of the City Of Orange Amending and Revising the Master Schedule of Fees and Charges for Water Rates. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Bilodeau NOES - Dumitru Moved to approve Resolution No. 10638 with Attachment Al water rates, and that prior to the implementation of any pass- through adjustments in water rates and fees authorized by this Resolution, such pass - through adjustments shall be placed on the City Council agenda as a receive and file item under the Consent Calendar. Page 11 CITY COUNCIL MINUTES March 27, 2012 14. PUBLIC HEARINGS (Continued) MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved to authorize the annual transfer of 12% of the water rate revenues from Fund 600 (Water) to Fund 601 (Water Capital Projects) for FYs 2012 -13 through 2015 -16, and a 10% transfer for FY 2016 -17 and thereafter. MOTION - Whitaker SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved to receive and file the Water Rate Study conducted by Black & Veatch Corporation. 15. PLANNING AND ENVIRONMENT - None 16. ADJOURNMENT - The City Council adjourned at 8:50 p.m. The next Regular City Council meeting will be held on Tuesday, April 10, 2012 at 4:30 p.m. in the Council Chambers. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of March 27, 2012 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; and available at the Civic Center City Clerk's Office. MARY710AURP CITY CLK Page 12