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HomeMy WebLinkAbout12-14-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 11, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA December 14, 2010 The City Council of the City of Orange, California convened on December 14, 2010 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 Bubba Lipscomb, First Southern Baptist Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred M. Whitaker 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from YMCA Longhouse Chief — YMCA Indy 500 Challenge Presentation from the Orange County Human Relations Commission Recognition of Orange Leadership Academy (OLA) Graduates 2. PUBLIC COMMENTS — Tia Christian, National Council of Negro Women, announced a Kwanzaa celebration at the Ebell Club in Santa Ana on December 26 Lori Nadeau, spoke on public disturbances at the American Legion Hall on Lemon Street. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR December 14, 2010 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 November 18, 24, and December 2, 2010. ACTION: Approved 3.2 City Council Minutes, Regular Meeting of November 23, 2010 and Adjourned Regular Meeting of December 7, 2010. (C2500.D.4) NOTE: Councilmember Dumitru abstained from voting on the November 23 Minutes due to his absence at this meeting. Councilmember Whitaker abstained from voting on the November 23 Minutes due to not being on the Council on this date. ACTION: Approved 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved AGREEMENTS 3.4 FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of critical incident equipment such as, breaching tools, ballistic shields, and collapsible ladders to outfit the field supervisor vehicles. (A2100.0 Agr- 4654.E) ACTION: 1) Authorized the City Manager or his designee to execute the agreement between the City and the County of Orange for $28,465 in FY 2010 JAG funds, including the allocations to both the County and PROACT; and 2) Appropriated the remaining $23,057 to account 353.4011.55131.20031 (Federal Grants - Equipment -2010 JAG) for the purchase of the critical incident equipment. Page 2 CITY COUNCIL MINUTES December 14, 2010 3. CONSENT CALENDAR (Continued) 3.5 Mills Act Contract No. 201.0 -10 (Historic Property Preservation Agreements) 225 East Palmyra Avenue. (A2100.0 Agr -5680) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. 201.0 -10), for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.6 Mills Act Contract No. 202.0 -10 (Historic Property Preservation Agreements) 524 East Almond Avenue. (A2100.0 Agr -5681) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. 202.0 -10), for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.7 Mills Act Contract No. 203.0 -10 (Historic Property Preservation Agreements) 337 East Culver Avenue. (A2100.0 Agr -5682) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. 203.0 -10), for the preservation, restoration and /or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. 3.8 FY 2010 Project Safe Neighborhoods (PSN)- Central District Grant Program with Orange County District Attorney's Office for overtime costs to conduct a minimum of one countywide curfew and gun sweep, with an emphasis at the Block at Orange. The funding is provided through the California Emergency Management Agency (CAL EMA) on behalf of the United States Attorney's Office. (A2100.0 Agr -5683) ACTION: 1) Authorized the City Manager or his designee to execute the Operating Agreement between the City and the County of Orange for $5,000 in FY 2010 PSN funds; and 2) Appropriated $4,586 to account 100.4032.50221.20055 (Safety Overtime -PSN Grant) and $414 to 100.4032.50222.20055 (Non Safety- Overtime PSN Grant). 3.9 Agreement with Magnetic Electric, Inc. for Electrical Preventative Maintenance and Repair of City Park facilities. (A2100.0 Agr -5684) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Paae 3 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) December 14, 2010 3.10 Amendment No. 5 to Agreement with Delta Dental of California (Delta Dental) and Amendment to Agreement with DeltaCare USA, effective January 1, 2011 through December 31, 2011. (A2100.0 Agr- 2937.B.5; 4590.B.3) ACTION: Approved a 12 -month agreement with Delta Dental (PPO) and DeltaCare Pre -paid) USA group dental services for employees and retirees dental insurance coverage, and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.11 Bid No. 101 -17 — Approval of plans and specifications, and request authorization to advertise for bids the East Chapman Traffic Signal Coordination Project. S4000.S.3.3) ACTION: 1) Appropriated $253,000 from Fund 550 (Reimbursable Capital Projects) to Account No. 550.5032.56100.16031; and 2) Approved plans and specifications, and authorized advertising for bids the East Chapman Traffic Signal Coordination Project. CLAIMS (C3200.0) 3.12 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. Nataliya Afendikova ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.13 Award of contract — Bid No. 101 -07; Concrete Street Rehabilitation at Various Locations. (A2100.0 Agr -5685) ACTION: 1) Accepted Malcon Civils, Inc.'s request to withdraw its bid; 2) Awarded the contract for $340,910.00 to the second low bidder, Kormx, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City; and 3) Approved a contract Change Order No. 1 in the amount of $244,000 to Kormx, Inc. for additional locations. Page 4 CITY COUNCIL MINUTES December 14, 2010 3. CONSENT CALENDAR (Continued) 3.14 Award of contract — Bid No. 101 -11; Fletcher Avenue Sidewalk Improvements, Batavia Street to Glassell Street funded by Safe Routes to School Program. A2100.0 Agr -5686) ACTION: Awarded the contract in the amount of $93,050.00 to S.J. Grigolla Construction Co., Inc. of La Verne, CA, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.15 Contract Change Order No. 2 — Bid No. 090 -15; Fire Station No. 4 Apparatus Bay Expansion and Minor Tenant Improvements Project. (A2100.0 Agr -5523) ACTION: Approved Contract Change Order No. 2 in the amount of $49,854.00 to W. L. Butler Construction, Inc. 3.16 Final Acceptance — Bid No. 078 -22; Public Works Improvements known as Grijalva Park at Santiago Creek Gymnasium /Sports Center — Robert Clapper Construction Services, Inc. ( staff report required.) (A2100.0 Agr -5242) ACTION: Accepted public improvements and authorized the Mayor and City Clerk to execute the Notice of Completion. GRANTS 3.17 2008 and 2009 Urban Area Security Initiative (UASI) Grant — Santa Ana /Anaheim Urban Area Training Allocations. (C2500.K) ACTION: Appropriated monies from the General Fund, as follows: 100.3023.51840.12326 13,763.92 Fire Training 2008 UASI TLO Training 100.3023.51840.20060 25,000.00 Fire Training 2009 UASI TLO Training 100.3023.51840.20061 23,074.56 Fire Training 2009 UASI Training 100.4081.51840.20060 25,000.00 Police Training 2009 UASI TLO Training 100.4081.51840.20061 30,827.61 Police Training 2009 UASI Training TOTAL:117,666.09 Paee 5 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 3.18 RESOLUTION NO. 10515 (C2500.J.1.0.1) December 14, 2010 A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges for Alarm Permit Fees and False Alarm Fees. Discussion — Chamber of Commerce Executive Director Heidi Larkin -Reed requested this item be pulled for discussion. She spoke on increased costs hurting businesses during the tough economic times. Rich Jacobs provided a staff report and clarified that the alarms were not Fire Department related; and that the initial alarm permit fee was being eliminated. Council questioned the cost of a police unit and one to two officers at the fully - burdened rate; whether the rates were different for residential v. business; the time frame for determining how many calls have occurred; how many false alarms could be allowed before fees were imposed; what percentage of billed costs are collected; and public safety issues. Council requested further information on these points. MOTION - Cavecche SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to January 11, 2011, with requested information being provided to Council prior to the meeting. 3.19 RESOLUTION NO. 10523 (S4000.S.3.3) A Resolution of the City Council of the City of Orange approving a Local Signal Synchronization Plan for the City of Orange. ACTION: Approved 3.20 RESOLUTION NO. 10524 (A2100.0 Agr- 5432.1; 5333.2) A Resolution of the City Council of the City of Orange making certain findings and approving and authorizing the execution of. 1) A First Amendment to Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency relating to the additional financial participation of the Orange Redevelopment Agency for a portion of the cost of railroad grade crossing safety enhancements and improvements at certain grade crossings within the City; and 2) Amendment No. 2 to a Cooperative Agreement with the Orange County Transportation Authority. See related Redevelopment Agency Minutes Item No. 3.3.) Note: Councilmember Whitaker abstained due to a potential employment conflict. ACTION: Approved Page 6 CITY COUNCIL MINUTES December 14, 2010 3. CONSENT CALENDAR (Continued) 3.21 RESOLUTION NO. 10525 (C2500.C) A Resolution of the City Council of the City of Orange Modifying a Records Retention Schedule. RECOMMENDED ACTION: Approved 3.22 RESOLUTION NO. 10529 (54000.0) A Resolution of the City Council of the City of Orange accepting certain roads and streets into the City Street System. RECOMMENDED ACTION: Approved 3.23 RESOLUTION NO. 10530 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2010 -04 merging four lots of certain real properties situated on the north side of Walnut Avenue between Grand Street and Shaffer Street, in the City of Orange, County of Orange, State of California. Owners: Chapman University RECOMMENDED ACTION: Approved MOTION - Smith SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Councilmember Dumitru abstained on Item 3.2 due to his absence at the November 23r meeting only. Councilmember Whitaker abstained on Item 3.2 due to not being on the Council on November 23 Item 3.18 was removed and heard separately. Councilmember Whitaker abstained on Item 3.20 due to a potential employment conflict. All items on the Consent Calendar were approved as recommended with the exception of Item 3.18. END OF CONSENT CALENDAR Paee 7 CITY COUNCIL MINUTES December 14, 2010 4. REPORTS FROM MAYOR CAVECCHE 4.1 Consideration of Appointment of Ms. Pat Buttress as Mayor Cavecche's Representative to the Planning Commission, term ending June 30, 2012. (C2500.G.2.5.1) MOTION - Cavecche SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve the appointment of Ms. Pat Buttress to the Planning Commission, term to expire on June 30, 2012. 4.2 Consider an Ordinance Regulating Parolee Residency in the City. Mayor Cavecche requested the City Attorney look at the City of Colton's ordinance on this issue and provide information to Council for further direction. 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Whitaker 1) Eliminate all non - stipend benefits for Council members, including pension and health. Requested the City Attorney provide information at a future meeting on possible modifications to Council's benefits; and the City Manager provide survey data on total compensation packages of other agencies. It was noted that the City Attorney is providing a report back on pensions at the January 11, 2011 meeting. 2) Graffiti joint task force with Orange Police Department, Public Works Department, and the Orange County District Attorney's Office - modeled after the City of Pico Rivera's program. Requested the City Attorney look at the City of Pico Rivera's graffiti program and provide information to Council for further consideration. 3) Cell phone towers and co- location permit streamlining. Creation of multi - department task force, to create a process for Council approval where staff can approve most requests instead of requiring a Conditional Use Permit. Requested Public Works and Community Development Departments explore programs in other cities to streamline the non - controversial applications for conditional use permits, with consideration given to affects on historic districts, a method for the public to provide feedback, and the placement of towers in residential areas. Page 9 CITY COUNCIL MINUTES December 14, 2010 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Annual Report of the Redevelopment Agency for FY 09 -10, and authorizing and directing its transmittal to the Controller of the State of California. (R3500.0) Discussion — Economic Development Director Jim Reichert gave the staff report. RESOLUTION NO. 10526 A Resolution of the City Council of the City of Orange approving the Annual Report of the Orange Redevelopment Agency for Fiscal Year 2009 -10 and authorizing and directing its transmittal to the Controller of the State of California. See related Redevelopment Agency Minutes Item No. 7. 1.) MOTION - Dumitru SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10526. 7.2 Acquisition Agreement with CHOCO Realty Corporation in which the Agency will be acquiring, upon completion, certain Public Improvements performed in conjunction with the CHOC Hospital expansion for an amount not to exceed $1,300,000. A2100.0 Agr -5688; 5687) NOTE: Councilmember Bilodeau abstained from discussion on this item due to a potential conflict of interest related to employment; and left the dais. RESOLUTION NO. 10528 A Resolution of the City Council of the City of Orange making certain findings under the Community Redevelopment Law relating to the acquisition of certain public improvements to be constructed by CHOCO Realty Corporation in connection with its construction of a hospital to be operated by the Children's Hospital of Orange County; and approving and authorizing execution of a Cooperation Agreement with the Orange Redevelopment Agency. See related Redevelopment Agency Minutes Item No. 7.2.) MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru ABSENT (RECUSED) - Bilodeau Moved to approve Resolution No. 10528. Page 9 CITY COUNCIL MINUTES December 14, 2010 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Agreement with Chapman University for Production of Local Cable Programming. (A2100.0 Agr -5689) Discussion – Deputy City Manager Irma Hernandez provided the staff report. She detailed the responsibilities of the City and those of Chapman University to ensure a smooth and appropriate transition of the operation of Channel 6— government programming; and the on- going support of Channel 3 —local origination programming through the use of public, education, and government access fees provided by the State franchise agreement. Responding to Council questions, Mr. Peter Weitzner, of Chapman University's Broadcast journalism program, explained Chapman's role in filming and broadcasting, using newly - purchased equipment and student interns. Council clarified with Ms. Hernandez that the agreement spells out decency standards, providing the City with control over programs aired. Ms. Hernandez added that the Cable Video Advisory Board (CVAB) selected the non -city events to be broadcasted; and that the makeup of the CVAB may change with the new operation in 2011. MOTION Dumitru SECOND Smith AYES Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to 1) Approve agreement and authorize Mayor and City Clerk to execute on behalf of the City; and 2) Appropriate $34,000 from 100.0000.41160 (PEG Program Revenues) to 100.0000.51700.20067 (Contractual Services for PEG Program) to cover the FY 10 -11 costs associated with the Chapman Agreement. 8. REPORTS FROM CITY MANAGER 8.1 Budget Status Report. (C2500.E.4) Discussio – Staff provided a report on the year -end close for the FY 10 budget, the current FY 11 budget, and a look ahead to the FY 12 budget. City Manager John Sibley noted that further information will be provided at upcoming budget study sessions, that any further reductions will impact services and staff is looking at ways to refine and restructure the organization. Mayor Cavecche thanked staff for the additional cuts made resulting in savings, and stated that her goal was for Council to give the City Manager direction on further cuts to the budget. She gave an overview of what has been accomplished to date, including budget cuts since 2007, as well as employees making meaningful contributions to the cuts, such as deferring raises and a willingness to negotiate. She added that it is anticipated that revenues will remain flat, as Paee 10 CITY COUNCIL MINUTES December 14, 2010 8. REPORTS FROM CITY MANAGER (Continued) expenditures rise due to increasing PERS costs. In addition, the upcoming review and action taken on the Water Fund may have an impact as well. She also noted that maintenance of service levels has occurred in spite of the reduced number of staff. She suggested staff could continue to look for cutbacks as a percentage in each department or look at a complete structural evaluation of the organization. Mayor Cavecche stated that with further employee attrition, it is doubtful that services can remain at current levels. She emphasized the need to look at the structure of the organization and evaluate how to provide services with a smaller workforce. She commented on the following core objectives: 1. Sustain core services including public safety and infrastructure; 2. Preserve the character of the City that makes Orange a special community; 3. Look at the bottom line liability of risk; 4. Maintain infrastructure such that the organization is able to respond when necessary. She offered the following ideas: 1. Evaluate organizational structure of the organization; and apprise Council of changes; 2. Evaluate programs or services that can be cut or reduced or provided in a more efficient way; 3. Report on policy recommendations on streamlining processes; 4. Human Resources to provide a strategy on contract negotiations by second meeting in February; 5. Continuous budget discussion every second meeting of each month; 6. Agendize Water Fund discussion at the first meeting in January to explore options.. Mayor pro tem Smith stated that the City has experienced challenges in the past and proves to be resilient. She commended staff and management for their leadership through these rough economic times, and added that the burden must be equitably shouldered by all departments. She suggested evaluating options for increasing revenue, including use of the Grijalva Sports Center. Councilmember Whitaker suggested performing a cost benefit analysis for contracting services and combining departments, if necessary, to provide services. He also asked for a review of the Water Fund balance sheet. He added that looking at business operations in the private sector may generate some creative ways to do business in the public arena. Councilmember Bilodeau suggested a review of the operation and costs of the City's water lab. Page 11 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS December 14, 2010 9.1 ORDINANCE NO. 14 -10 (SECOND READING) A2500.0 Historic Multi - Family Structures) An Ordinance of the City Council of the City of Orange amending Chapter 17.17 of the Orange Municipal Code to recognize Historic Multi- Family structures as permitted uses in areas of the Historic District Zone with a Low Density Residential General Plan Land Use Designation and Single Family Zoning. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14 -10 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 15 -10 (FIRST READING) (A2500.0 Roads & Streets) An Ordinance of the City Council of the City of Orange Amending Chapter 12.52 of Title 12 of the Orange Municipal Code relating to the Acceptance of Roads and Streets into the City's Street System. MOTION - Bilodeau SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 15 -10 be read by title only and same set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 12. RECESS TO CLOSED SESSION The City Council recessed at 7:00 p.m. to a Closed Session for the following purposes: a. Conference with real property negotiator pursuant to Government Code Section 54956.8 Negotiating parties: City and Mark Hurwitz City's Negotiator: Mark Winters Property Address: 5309 E. Santiago Canyon Road. 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. Page 12 CITY COUNCIL MINUTES 7:00 P.M. SESSION 13. PUBLIC COMMENTS - None 14. PUBLIC HEARINGS - None 15. PLANNING AND ENVIRONMENT December 14, 2010 15.1 An appeal of the City Traffic Commission action taken to deny the implementation of a Neighborhood Parking Permit program on the 500 block of N. Glassell Street; and approving the implementation of one -hour time limit parking during business hours (8 am to 6 pm) Monday through Friday on both sides of the 500 block of N. Glassell Street. (A4000.0) Discussio — Public Works Director Joe DeFrancesco gave the staff report. Speakers Adriana Sanchez - for Appellant Abdenago Sanchez Lupe Prado Angelica Partida David Duran Liza Borja, Business Owner Pamela Abbott Moore, Business Owner Council discussed parking conditions, zoning designations, parking issues caused by Chapman University, problems with inadequate parking and small garages in older homes, and the impacts on businesses in the neighborhood. It was determined that Option No. 1 suggested by staff be allowed for an overlay of permit parking, and a limit of one -hour parking for non- residents, to be reviewed in one year. It was also suggested to get input from businesses if problems arise prior to the one year review. Mr. DeFrancesco stated that staff would take a look at the red curb on Rose to determine that it is of an appropriate length, and confirmed for Council that residents with parking permits would also be allowed to park on surrounding streets within the parking area. MOTION - Whitaker SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to uphold the appeal; directed the installation of a one -hour time limit on both sides of Glassell Street between Walnut Avenue and Rose Avenue, while exempting the residents with a residential parking permit. Directed its evaluation in one year. Page 13 CITY COUNCIL MINUTES December 14, 2010 16. ADJOURNMENT — The City Council adjourned at 8:00 p.m. The December 28 meeting is cancelled due to the holidays. The next Regular Council Meeting is scheduled for Tuesday, January 11, 2011, at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of December 14, 2010 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. MURPHY CITY CLE tfK Page 14