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Council Minutes 04/26/11APPROVED BY THE CITY COUNCIL ON MAY 10, 2011 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING April 26, 2011 The City Council of the City of Orange, California convened on April 26, 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 Bob Burris, Taft Avenue Community Church 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 Community Services Department Instructor Recognition. Community Services Department Recognition of Sponsor. Presentation of Proclamation Recognizing Arbor Day. Recognition of Employee Service. Mayor Cavecche announced that former Mayor Gene White passed away. He served on the City Council from 1958 — 1966. 2. PUBLIC COMMENTS — The following spoke in support of the Orange Community Gardens: Jane Nava; Mark Mansell; Marie Gan; Doug Howerton; Judy Boroskin; Brenden Smith; and Sherry Dering. Mark Macievic spoke on the establishment of a medical marijuana collective. Mark Wayland announced that the Vietnam Veterans Moving Wall will be in Orange from June 16 through 19 at Yorba Park, promoting education of the wall, and offers information on veterans' whereabouts, culminating in a Father's Day ceremony on June 19 at 6:00 p.m. He gave the website: v2v.ty for further information. The following spoke on the proposed Ridgeline Development in East Orange: Laura Thomas; Tom Davidson; Charles Loeffler; Barry Evans; and Mark Sandford. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR April 26, 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 April 7 and April 14, 2011. ACTION: Approved. 3.2 City Council Minutes, Special Meeting of April 7, and Regular Meeting of April 12 2011. (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, period ending March 31, 2011. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Agreement with Lance, Soll & Lunghard, LLP to perform the Annual Financial Audit of the City and Redevelopment Agency. (A2100.0 Agr -5754) ACTION: Approved agreement with Lance, Soll & Lunghard, LLP and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.6 Rejection of Bids — Bid No. 101 -30; Storm Drain and Street Improvements: Palm Avenue, Cambridge Street, Santiago Canyon Road, and Taft Avenue Project. (C2500.M.17) ACTION: 1) Appropriated $213,028 from 530 Drainage District to 530.5011.56330.13120; and 2) Rejected all bids received and authorized the re- advertisement of this project. Page 2 CITY COUNCIL MINUTES April 26, 2011 3. CONSENT CALENDAR (Continued) CLAIMS (C3200.0) 3.7 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. Karen Marine b. The Knolls C. Tom Twellman ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.8 Award of Contract — Bid No. 101 -35; Chapman Avenue Emergency Slope Repair. (A2100.0 Agr -5755) ACTION: 1) Appropriated $67,000 from Fund 550 to 550.501.56330.20095; 2) Rejected the bid received from West Coast Public Works, Inc.; and 3) Awarded the contract in the amount of $53,000 to AIS Construction Company, Inc. of Carpinteria, CA and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.9 Award of Contract — Bid No. 101 -32; Emergency Power Generators for Fire Stations No. 2, 3, and 5 and one 1,000 - gallon Diesel Tank for Fire Station No. 2. Discussion — Mr. Eddie Qader, California Building Evaluation and Construction Company, shared his concerns for the bid being awarded, stating he believed the awardee made mistakes, which should have resulted in their bid being non - responsive. Assistant City Attorney Ted Reynolds stated the mistakes were inconsequential, and would not change the numbers. He added that the actions to be taken were clarified in a memo to Council. Councilmembers expressed concern on the amount of the low bid — that it is significantly lower than other bids. City Engineer Frank Sun clarified for Council that the awardee's references on similar work have checked out, and the engineer's estimate was prepared by staff with assistance from a consultant and also looking at the cost history of other projects. Mayor Cavecche stated she did not want to see any change orders on this project. MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Page 3 CITY COUNCIL MINUTES April 26, 2011 3. CONSENT CALENDAR (Continued) Moved to: 1) Waive the failure of the lowest bidder, Global Power Group, Inc., to sign the acknowledgement of its receipt of Addendum No. 1 to the bid package on the basis that such waiver does not make the bidding process unfair; 2) Award the contract in the amount of $436,761.48 to Global Power Group, Inc., of Lakeside, CA; and 3) Authorize the Mayor and City Clerk to execute contract on behalf of the City. 3.10 Award of Contract — Bid No. 101 -29; Annual Pavement Maintenance at Various Locations, Fiscal Year 2010 -11. (A2100.0 Agr -5757) ACTION: Awarded the contract in the amount of $2,536,315 to R.J. Noble Company, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 Award of Contract — Bid No. 101 -28 to Selman Chevrolet for the purchase of one vehicle and to Wondries Fleet Group for the purchase of three vehicles. (C2500.K) ACTION: 1) Authorized the purchase of one Special Service Vehicle, four -wheel drive Chevrolet Tahoe from Selman Chevrolet of Orange, CA in the amount of $33,426.48, and the purchase of three Police Pursuit Tahoes from Wondries Fleet Group of Alhambra, CA in the amount of $92,195.13; and 2) Authorized the City Manager to surplus the replaced vehicles. 3.12 Final Acceptance — Bid No. 101 -04; the City of Orange Fire Station No. 3 Solar Power Project (EECBG) performed by AAA Solar Electric, Inc.; and authorization to file the Notice of Completion with the County Recorder. ( staff report required (A2100.0 Agr -5637) ACTION: Accepted public work improvements, authorized release of American Safety Casualty Insurance Company, of Oklahoma, Bond No. 20 -SUR- 208486 in the amount of $98,545.16 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. Page 4 CITY COUNCIL MINUTES April 26, 2011 3. CONSENT CALENDAR (Continued) RESOLUTIONS (REMOVED AND HEARD SEPARATELY) 3.13 RESOLUTION NO. 10546 (C2500.M.13) A Resolution of the City Council of the City of Orange Declaring its Intention to: (1) Establish an Underground Utility District along Maple Avenue from Glassell Street to Cypress Street, Olive Street from Maple Avenue to Almond Avenue, Lemon Street From Maple Avenue to Chapman Avenue, Cypress Street from Maple Avenue to Chapman Avenue, and Almond Avenue from Glassell Street to Cypress Street; (2) Authorize the Conversion of the Existing Overhead Electric and Communication Facilities and Associated Structures to Underground Locations; and (3) Set the Time and Place for a Public Hearing Thereon. Discussion — Staff clarified for Councilmember Bilodeau that the adoption of the Resolution is stating the intent to establish the district and setting the hearing. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to adopt Resolution No. 10546, declaring intent to establish Underground Utility District Number 16; and setting May 24, 2011 at 7:00 p.m. as the date for the Public Hearing. SPECIAL EVENTS 3.14 Special Events Permit with Orange Blossoms Auxiliary, Assistance League of Orange, CA, Inc., to host the Annual Taste of Orange on May 1, 2011. (A2100.0 Agr -5758) ACTION: 1) Approved the Special Events Permit with Orange Blossoms Auxiliary, Assistance League of Orange, CA, Inc.; and 2) Authorized the sale and permit the purchase, possession and consumption of alcoholic beverages at the Annual Taste of Orange event on a portion of the South Orange Parking Lot pursuant to the requirements of Section 5.72.080 of the Orange Municipal Code. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.9 and 3.13 were removed and heard separately. All other items on the Consent Calendar were approved as recommended. Page 5 CITY COUNCIL MINUTES April 26, 2011 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS Councilmember Dumitru — Requested agendizing consideration of re- naming the Taft Branch library to the Mayor Joanne Coontz Branch Library. He stated that she was the first elected woman Mayor in Orange County, as well as in the City, and he wanted to honor her as such. It was suggested that a general policy for renaming city facilities also be considered. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Proposal for Emergency Ambulance, Medical Billing and Medical Supply Services. (A2100.0 Agr -5760) Discussion — Chief Lewis provided a staff report. He stated that the recommendation for Council action had been changed to include four dedicated VLS ambulances, as noted in the RFP. He further clarified for Council that the requirement for the awardee to purchase the City's fleet of ambulances was appropriate under the conditions of the RFP; that the complaints from bidders about the required amount of insurance, as well as needing it at the time of bid, was made aware at the bidder's conference; and that the contract would require changes to the fee schedule. Mr. Rick Richardson, CEO Care Ambulance, provided assurance to Council that existing and any future ambulances would be red in color. Councilmembers discussed the concern about higher levels of insurance being required at the time of bid rather than at the time of contract award. Mayor Cavecche stated this was a shame as she had heard this was a reason some companies may not have submitted bids. MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to authorize staff to negotiate a contract with Care Ambulance Service, which includes: a. All service components contained within the RFP and Care's proposal, dated March 14, 2011; b. The alternate where Care assumes fiscal and operational responsibilities for providing medical supplies to the Fire Department; and c. Directed modification to fee schedule be brought back to Council for action. Mayor Cavecche clarified service components contained in the RFP includes four dedicated VLS ambulances. Page 6 CITY COUNCIL MINUTES April 26, 2011 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Cooperation Agreement with the Orange Redevelopment Agency to Fund Costs Associated with certain Capital Improvement Projects. (A2100.0 Agr -5759) Discussion - See related Redevelopment Agency Minutes Item No 7.2. RESOLUTION NO. 10550 A Resolution of the City Council of the City of Orange Approving a Cooperation Agreement with the Orange Redevelopment Agency and Making Certain Determinations and Findings Related Thereto. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve Resolution No. 10550. 8. REPORTS FROM CITY MANAGER 8.1 Status Report for Proposed FY 2011 -12 Budget. (C2300.E.4) City Manager John Sibley provided a staff report, stating that the City may be slowly moving toward financial recovery with recent expenditures coming down and revenues increasing. He stated goals for a balanced budget by FY 2013 -14; that a budget study session will be scheduled to review policy expectations and receive further direction from Council.. Assistant City Manager Rick Otto gave a report on the Organizational Assessment RFP for a study on the development services and public safety departments, with results brought to Council by end of the year. Library Services Director Yolanda Moreno provided a report on the impact of budget cuts, and requested direction from Council on further reduction of hours, sections or programs. Council commended the use of retail establishments' programs for fulfillment of the Library's wish list, and that the Library Foundation should be tasked with finding alternative funding sources. 9. LEGAL AFFAIRS - None Page 7 CITY COUNCIL MINUTES 10. PUBLIC HEARINGS April 26, 2011 10.1 Mixed Use Zoning Standards - Title 17 of the Orange Municipal Code to establish zoning and implement the new mixed use land use designations of the 2010 General Plan; and Zone Change No. 1258 -10 applying new zoning classifications in order to achieve consistency between General Plan land use designations and zoning in accordance with state law. (A2500.0 Mixed Use Zoning Standards) Time set for public hearing to consider an amendment to the Orange Municipal Code, Title 17 adding New Mixed Use Zoning Standards, Definitions and Administrative Procedures. Property Locations: Old Towne Focus Area; Katella Corridor Focus Area; West Chapman /Uptown Focus Area; Main Street /West Chapman Focus Area. Note: Due to potential conflicts of interest with two Councilmembers, the Katella Corridor and Old Towne sections were discussed separately. Ultimately all sections proposed for the re- zoning were discussed separately at the request of Council and as noted herein, voted on separately. Discussion - Community Development Director Alice Angus provided the background to this action. Principal Planner Anna Pehoushek reported on zoning classifications, stating that the adoption of the ordinances would add a new Chapter 17.19 to Title 17 of the Orange Municipal Code. Ms. Pehoushek clarified for Mayor pro tem Smith that the relocation of buildings into mixed use areas are addressed by design and demolition provisions in the Old Towne standards. City Attorney David DeBerry explained the reference to Section 17.18.060 to move an existing structure or building onto another location requires a minor site plan review. In response to concerns of Mayor pro tem Smith, the definition of the live /work units in Section 17.19.100 will be changed to not require the residential portion be occupied by the business operators. THE MAYOR OPENED THE PUBLIC HEARING. Steve Prothero, representing property owners in the West Katella corridor, asked for clarification of terms, and questioned what happens in the interim period until urban mixed use is built. Council discussed the definition of the term `expand', and whether it requires leaving a wall or can include scraping the whole building. Direction was given to draft further amendments to the non - conforming issue in the General Plan to ensure property owners have more flexibility. Mayor pro tem Smith stated property owners should be given the opportunity for the greatest potential for economic viability, and added that is the reason to re -do a General Plan —to grow ahead to the future. Page 8 CITY COUNCIL MINUTES April 26, 2011 10. PUBLIC HEARINGS (Continued) Mayor Cavecche noted her support for property owners being able to continue to operate businesses, even if a building requires rebuilding. Councilmember Bilodeau stated that he would remain consistent with his previous vote during the General Plan hearing on the West Katella Corridor. THE MAYOR CLOSED THE PUBLIC HEARING. MOTION - Whitaker SECOND -Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to find that the Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act. The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA. ORDINANCE NO. 8 -11 (FIRST READING) An Ordinance of the City Council of the City of Orange Adding New Mixed Use Zoning Standards, Definitions, and Specific Administrative Procedures to Title 17 of the Orange Municipal Code to Implement the New Mixed Use Land Use Designations of the 2010 General Plan. MOTION - Cavecche SECOND - Whittaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved that Ordinance No. 08 -11 be read by title only and same was set for second reading by the preceding vote, with the removal of the second sentence in the definition of Live /Work units in Section 17.19.100. ORDINANCE NO. 9 -11 (FIRST READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1258 -10 Establishing Consistency between General Plan Land Use Designations and Zoning Classifications in Accordance with State Law. Page 9 CITY COUNCIL MINUTES April 26, 2011 10. PUBLIC HEARINGS (Continued) Urban Mixed Use - West Katella Corridor — NOTE: Councilmember Whitaker recused himself due to a possible conflict of interest with employment, and left the dais. MOTION - Cavecche SECOND - Smith AYES - Smith, Cavecche NOES - Dumitru, Bilodeau ABSENT (RECUSED) - Whitaker (MOTION FAILED) Old Towne Spoke Streets — NOTE: Mayor pro tem Smith recused herself due to a possible conflict of interest with her residence, and left the dais. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Cavecche, Dumitru, Bilodeau ABSENT (RECUSED) — Smith Old Towne Mixed Use 15 and Old Towne Mixed Use 24 — MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Neighborhood Mixed Use 24 — MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Urban Mixed Use - Uptown Orange — MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Page 10 CITY COUNCIL MINUTES 10. PUBLIC HEARINGS (Continued) Urban Mixed Use - Town and Country Road — MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau April 26, 2011 Moved that Ordinance No. 09 -11 be read by title only and same was set for second reading by the preceding vote with the exception of Urban Mixed Use — West Katella Corridor. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 6:00 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 Miscellaneous Bargaining Groups b. Public Employee Performance Evaluation pursuant to Govt. Code Section 54957. Title: City Manager c. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) All Towing Services, LLC v. City of Orange, OCSC Case No. 30- 2011 - 00456419 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 13. ADJOURNMENT — The Council adjourned at 10:15 p.m. The next regular City Council Meeting is scheduled for May 10, 2011 at 4:30 p.m. April 26, 2011 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of April 26, 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 Office. Page 12