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Council Minutes 07/12/11APPROVED BY THE CITY COUNCIL ON JULY 26, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 12, 2011 The City Council of the City of Orange, California convened on July 12, 2011 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 Jon Dumitru 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of General Plan Award to the City of Orange for receiving top honors in Outstanding Comprehensive Planning — Large Jurisdiction. 2. PUBLIC COMMENTS — Peter Wetzel — spoke on the Santiago Creek Bikeway The following spoke on a Ridgeline Development referendum, the petition process, and campaign contributions: Katrina Kirkeby Bob Kirkeby Tom Davidson Sharon Mule Laura Thomas Mark Sandford Fran Klovstad Michelle Gregory Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR July 12, 2011 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 Confirmation of warrant registers dated June 23 and June 30, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of June 28, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Third Amendment to Agreement with Waterline Technologies, Inc. for Liquid Chlorine Deliveries to various City of Orange Well Sites. (A2100.0 Agr- 5301.3) ACTION: Approved Third Amendment in the amount of $60,800.00 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 First Amendment to Agreement with All American Asphalt for Asphalt Replacement at Various Locations, FY 2011 -12. (A2100.0 Agr- 5597.1) ACTION: Approved First Amendment in the amount of $523,000.00 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 First Amendment to Agreement No. 5566 with 4 -Con Engineering, Inc., for Construction of the Santiago Creek Bike Trail South Project, Tustin to Collins Segment. (A2100.0 Agr - 5566.1) ACTION: 1)Appropriated $350,000 from unreserved Fund 511 to Account 511.7021.56002.16100 (Santiago Creek Bike Trail); and 2) Approved the First Amendment to Agreement No. 5566, and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES July 12, 2011 3. CONSENT CALENDAR (Continued) 3.7 Agreement with VisionAIR, Inc. for Software Upgrades and Maintenance for the Police Department's Computer -Aided Dispatch and Records Management System (CAD /RMS). (A2100.0 Agr- 3217.J) ACTION: Approved the agreement with VisionAIR, Inc. in the amount of $98,308.79 and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.8 First Amendment to Agreement with SirsiDynix for Migration to Unicorn Software to control long term costs of maintenance and support; and Acceptance of Terms and Conditions for a proposal for Platinum Premier Services. (A2100.0 Agr- 4384.A.1) Discussion — Technology and Support Services Manager Angela Scherer provided the staff report and answered Council's questions. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to July 26, 2011, in order to clarify discrepancies in the agreement and staff report, and requested briefings be provided to Council prior to that date. 3.9 A Memorandum of Understanding between the City of Orange, Orange County Transportation Authority (OCTA), the Cities of Anaheim, Cypress, Garden Grove, Los Alamitos, Stanton, Villa Park, the County of Orange and the State of California Department of Transportation for Katella Avenue Traffic Light Synchronization Program Project. (A2100.0 Agr -5786) ACTION: Approved the Memorandum of Understanding and authorized the Mayor and City Clerk to execute on behalf of the City. 3.10 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. Irene Wade RECOMMENDED ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. Page 3 CITY COUNCIL MINUTES July 12, 2011 3. CONSENT CALENDAR (Continued) CONTRACTS 3.11 Award of Contract — Bid No. 101 -41; Santiago Creek Bike Trail North Project — Santiago Canyon Road from Santiago Boulevard to Cannon Street and Cannon Street from Santiago Canyon Road to Santiago Creek. (A2100.0 Agr -5787) ACTION: Awarded the contract in the amount of $199,150.00 to Southland Construction of Irvine, CA and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.12 Award of Contract — Bid No. 101 -36; Sewer Line Cleaning, Video Inspection, and Emergency Response Services for City Maintained Sewer Lines and Manholes, FY 2011 -12. (A2100.0 Agr -5788) Discussion — Acting Maintenance and Operations Manager Michael Wolfe provided clarification to Council on costs. City Attorney David DeBerry informed Council of a change to the agreement wording on the background checks, from shall to may. He also gave assurance that the I -9 and Megan's Law background checks shall be performed. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve contract with Innerline Engineering, Inc. in the amount of $250,000 and authorize the Mayor and City Clerk to execute on behalf of the City, with change to the agreement language. PURCHASES 3.13 Purchase Medical Supplies from Life - Assist, Inc. through a Cooperative Purchasing Agreement, FY 2011 -12. (C2500.H) ACTION: Authorized purchase of Medical Supplies from Life - Assist, Inc. through a cooperative purchasing agreement with the City of Monterey Park, in the amount of $65,000. Page 4 CITY COUNCIL MINUTES July 12, 2011 3. CONSENT CALENDAR (Continued) 3.14 Purchase of Police Department Uniforms and Accessories from Galls, Inc. through a Cooperative Purchasing Agreement, FY 2011 -12. (C2500.K) NOTE: Councilmember Dumitru recorded a "no" vote on this item. ACTION: Authorized purchase of Police Department Uniforms from Galls, Inc., in the amount of $80,000. 3.15 Purchase of Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor, FY 2011 -12. (C2500.K) ACTION: Authorized purchase of Police Department Ammunition from Dooley Enterprises, Inc., in the amount of $40,000. 3.16 Purchase of Firefighter Safety Gear from L.N. Curtis & Sons, FY 2011 -12. (C2500.H) ACTION: Authorized the purchase of Firefighter Safety Gear from L.N.Curtis & Sons, in the amount of $83,000. RESOLUTIONS 3.17 RESOLUTION NO. 10571 (C2300.E) A Resolution of the City Council of the City of Orange Concerning the Status of the Circulation and Mobility Element for the City of Orange. ACTION: Approved 3.18 RESOLUTION NO. 10572 (C2500.11) A Resolution of the City Council of the City of Orange Expressing Appreciation to Chief Bart Lewis of the Orange City Fire Department and Commending him for more than four years of loyal and dedicated service. ACTION: Approved Page 5 CITY COUNCIL MINUTES July 12, 2011 3. CONSENT CALENDAR (Continued) REPORTS 3.19 Annual review of Development Agreement by and between the City of Orange, CHOCO Realty Corporation, and CRC Real Estate Corporation on an annual basis as adopted by City Council Ordinance No. 04 -09. (A2100.0 Agr -5390) NOTE: Councilmember Bilodeau recorded an abstention on this item. ACTION: Accepted the annual report. MOTION - Dumitru SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.8, and 3.12 were removed and heard separately. Councilmember Dumitru registered a "no" vote on Item 3.14, and Councilmember Bilodeau abstained on Item 3.19. All other items were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS — Councilmember Whitaker — Requested agendizing discussion of Council compensation for the July 26, 2011 meeting to direct staff on action for a future meeting. Councilmember Bilodeau — Requested agendizing presentation by Majestic Realty representative for possible support of NFL stadium proposed to be built in City of Industry. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None Page 6 CITY COUNCIL MINUTES July 12, 2011 9. LEGAL AFFAIRS 9.1 RIDGELINE EQUESTRIAN ESTATES. Discussion — City Attorney David DeBerry clarified for Council the process to be followed on the referendum petition submitted on the General Plan Amendment resolution passed by Council on June 14 He further clarified that if the petition is certified by the County, then the General Plan Amendment would be suspended until repeal of the action or a vote on the matter. Mayor Cavecche reiterated that if it receives County certification, the issue will be brought back to Council once more for action on whether to repeal the resolution, or call the election. Speakers — The following persons spoke on the referendum: Josh Stein Tom Davidson Yolanda Alvarez Ken Ryan Mayor pro tem Smith asked for a continuance on the item for further options to be explored, and expressed that she would not be supporting the ordinances. ORDINANCE NO. 10 -11 (SECOND READING) (C2300.E) An Ordinance of the City Council of the City of Orange Approving Zone Change 1243 -07 to Establish a Single Family Residential, 43,560 Square Feet (R- 1 -40), Zoning Classification for Approximately 47 Acres of Property Located on the Site of the Former Ridgeline Golf Course, with Approximately 3.75 Acres of Public Trails and Park Facilities to Remain Under the Recreation/Open Space Zoning Classification. Zone Change 1243 -07 Applicant: John Martin MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Cavecche, Dumitru, Bilodeau NOES - Smith Moved that Ordinance No. 10 -11 be read by title only and same was approved and adopted by the preceding vote. Page 7 CITY COUNCIL MINUTES July 12, 2011 9. LEGAL AFFAIRS (Continued) ORDINANCE NO. 11 -11 (SECOND READING) An Ordinance of the City Council of the City of Orange Approving a Development Agreement by and between the City of Orange and Milan Rei IV, LLC for approval of the Development of Approximately 51 Acres of Property on the site of the Former Ridgeline Golf Course in the Community of Orange Park Acres. Applicant: John Martin MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Cavecche, Dumitru, Bilodeau NOES - Smith Moved that Ordinance No. 10 -11 be read by title only and same was approved and adopted by the preceding vote. 9.2 CANNON STREET SPEED LIMIT CHANGE. ORDINANCE NO. 13 -11 (FIRST READING) (A2500.0 Ord -13 -11 Speed Limits) An Ordinance of the City Council of the City of Orange Amending Section 10. 14.050 of Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits. Discussion — City Traffic Engineer Amir Farahani provided the staff report. Council stated their observations and experiences with the current speed limit, adding the increase to the speed limit seemed unsafe. Mr. Farahani explained the process and conclusions derived from staff's analysis. Speaker Marjan Dunn, outgoing - president Linda Vista Elementary School PTA, stated objections to increasing the speed. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau ABSTAIN - Dumitru Moved to continue to August 9, 2011, for the Traffic Engineer to explore other findings enforceable at the current speed. Page 8 CITY COUNCIL MINUTES 10. PUBLIC HEARINGS July 12, 2011 10.1 LANDSCAPE MAINTENANCE DISTRICT 86 -2 (SANTIAGO HILLS). (Continued from June 28, 2011.) (L1200.0) The public hearing to consider 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) was continued to this time from June 28 Discussion — Public Works Director Joe DeFrancesco gave the staff report. The Mayor opened the public hearing. There were no speakers. MOTION - Smith SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to close the public hearing. In response to a question by Councilmember Dumitru, Public Works Director Joe DeFrancesco stated there are three homeowner associations in the district who are not interested in taking over responsibility for the maintenance. He further stated that the assessment covers the cost of maintenance, and as costs increase, maintenance decreases. RESOLUTION NO. 10568 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 - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve Resolution No. 10568, and establish the assessment for FY 2011 -12 at $369.44 per single family unit per year. Page 9 CITY COUNCIL MINUTES 10. PUBLIC HEARINGS (Continued) July 12, 2011 10.2 LANDSCAPE MAINTENANCE DISTRICT 94 -1 (SYCAMORE CROSSING). (Continued from June 28, 2011.) (L1200.0) The public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore Crossing Tract was continued to this time from June 28. 2011. Discussio — Public Works Director Joe DeFrancesco gave the staff report. Community Services Director Marie Knight stated that discussions between city staff and the homeowners association did not result in the HOA taking over maintenance. She explained that due to liability, bids were higher than the assessment and the association did not want to assume the maintenance; however, maintenance cuts were identified to keep costs low. Mayor opened the public hearing. Speaker — Rich Robertson reported the association had met with staff, and requested that the status quo be maintained. MOTION - Dumitru SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru NOES - Bilodeau Moved to close the public hearing. RESOLUTION NO. 10569 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 94 -1 (Sycamore Crossing). MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve Resolution No. 10569, and establish the assessment for FY 2011 -12 at $293.08 per single family unit per year. Page 10 CITY COUNCIL MINUTES July 12, 2011 10. PUBLIC HEARINGS (Continued) 10.3 CONDITIONAL USE PERMIT 2790 -10, MAJOR SITE PLAN 0630 -10, DESIGN REVIEW COMMITTEE 4483 -10 AND TWO CONCESSIONS IN ASSOCIATION WITH A DENSITY BONUS HOUSING AGREEMENT — SANTA INES SENIOR VILLAS. (C3300.0) Time set for a public hearing to consider the demolition of two buildings previously used as a preschool in order to construct 42 apartments, where 41 of the units would be rented to seniors (62 and older) with extremely low, very low, or low- incomes. The 42" unit would be a manager's unit. The site is located at 184 North Prospect Avenue. Discussion — Community Development Director Alice Angus gave the staff report, clarifying for Council that if the project is approved, the applicant will come back at a later date to request the financial assistance. City Attorney David DeBerry stated that the Council should look at the project independent from the financial issues. THE MAYOR OPENED THE PUBLIC HEARING. Speaker - Scott Choppin, Urban Pacific, gave a presentation on the project, stating the three major improvements included are an increase to handicap and guest parking; added storage; and the addition of a second elevator. THE MAYOR CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10570 A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee 4483 -10, and two Concessions in association with a Density Bonus Housing Agreement to allow for the construction of 41 senior affordable housing units and one manager's unit located at 184 North Prospect Avenue. Applicant: Urban Pacific Multi Housing MOTION - Dumitru SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10570. Page 11 CITY COUNCIL MINUTES July 12, 2011 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION - The City Council recessed at 5:35 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick Otto, Human Resources Director Steven Pham, and Assistant Human Resources Director Mike Harary Employee Organizations: Orange City Fire Fighters and all Misc. Bargaining Groups 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. 13. ADJOURNMENT — The Council adjourned at 8:35 p.m. There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for Tuesday, July 26, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 12, 2011 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 Offi MURPHY CIT CLERK Ci CA 1rYN V. CAVEC MAYOR i Page 12