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Council Minutes 03/12/13APPROVED BY THE COUNCIL ON APRIL 23, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA March 12, 2013 The City Council of the City of Orange, California convened on March 12, 2013 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 Interim Pastor Dale Suggs, First Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith 1.3 ROLL CALL PRESENT - Alvarez, Smith, Murphy, Bilodeau ABSENT - Whitaker 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by Orange County Human Relations Commission Presentation by OCTA — Update on Projects and Programs 2. PUBLIC COMMENTS — Liz Parker, Tulsa Rib Company — Thanked the Council and the Community Development staff for help in relocating the restaurant. Larry Dick, Municipal Water District of Orange County — Presented a rebate check to the City. Councilmember Bilodeau announced that March 22' was World Water Day, and stated that Chapman University would be holding seminars on the topic of water. Pasze 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR March 12, 2013 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 February 14 and February 21, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meetings of February 12 (amended), and February 26, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (PULLED AND HEARD SEPARATELY) 3.4 Second Amendment to Agreement with Chapman University for Local Cable Programming, in the amount of $100,000.00. (A2100.0 Agr- 5689.2) Discussion — Deputy City Manager Irma Hernandez responded to questions by Council, stating that a portion of the Public, Education, and Government (PEG) access fees would be used for equipment that would improve the quality of the broadcasts, as well as possibly fund a news vehicle to be used for remote broadcasts. She also acknowledged that this agreement provides for public access on Channel 6. MOTION - Smith SECOND - Murphy AYES - Alvarez, Smith, Murphy, Bilodeau ABSENT - Whitaker Moved to : 1) Approve the agreement and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Appropriate $25,000.00 from Account No. 130.0000.41160.20067 (PEG Program Revenues) to Account No. 130.0000.51700.20067 (Contractual Services for PEG Program) to cover the FY 12 -13 costs associated with the Chapman Agreement. The remainder $75,000.00 will be budgeted in the FY 13 -14 budget process. Page 2 CITY COUNCIL MINUTES March 12, 2013 3. CONSENT CALENDAR (Continued) 3.5 First Amendment to Agreement with Orange Sunrise Rotary for use of the Orange Plaza area for their Annual Car Show to be held on April 21, 2013. (A2100.0 Agr- 5541.1) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.6 Bid No. 123 -23; Community Development Block Grant (CDBG) Project — Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, FY 2012 -13; rejection of all bids. (S4000.S.3.2) ACTION: Rejected all bids received and authorized the re- advertisement of this project with a reduced scope of work. 3.7 CLAIMS (C3200.0) 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. Kyle Walkwitz ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PURCHASES 3.8 Purchase Firefighter Uniforms and Accessories from Gall's Uniform Center, in the amount of $38,000.00. (C2500.11) ACTION: Authorized purchase of Fire Department safety clothing. RESOLUTIONS (PULLED AND HEARD SEPARATELY) 3.9 RESOLUTION NO. 10707 (S4000.S.4) A Resolution of the City Council of the City of Orange Temporarily Closing Sections of Public Streets for Approved Special Events. Discussion — Council discussed adding additional events, such as the first day of school at Handy elementary school, and opening day for the Orange Little League and whether to add them to this annual resolution. The City Manager was asked to review this new information, handle internally if possible, and report back to Council on action taken. Page 3 CITY COUNCIL MINUTES March 12, 2013 3. CONSENT CALENDAR (Continued) MOTION - Bilodeau SECOND - Smith AYES - Alvarez, Smith, Murphy, Bilodeau ABSENT - Whitaker Moved to: Approve Resolution and the closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in FY 2013 -14 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVLEOPMENT AGENCY 3.10 Granting of a Utility Easement to Time Warner Cable on the North Olive Parking Lot located at 153 North Olive Street for Facilitation of Undergrounding Utilities in Old Towne. (D4000.0) ACTION: 1) Authorized the granting of a utility easement on the North Olive parking lot owned by the Successor Agency; and 2) Authorized the Executive Director to execute an Easement Deed in favor of Time Warner Cable on behalf of the Successor Agency, contingent upon Oversight Board and California Department of Finance approval. 3.11 Agreement with United Security Access and Electric LLC for Installation of Automatic Locks at the Orange Depot Building Public Restrooms and the Depot Train Station Pedestrian Undercrossing, in an amount not -to- exceed $9,298.16. (A2100.0 Agr -5977) ACTION: Approved the agreement and authorized the Chairperson and Successor Agency Clerk to execute on behalf of the Successor Agency. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Smith, Murphy, Bilodeau ABSENT - Whitaker Items 3.4 and 3.9 were removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — At the request of the Mayor, Community Services Director Marie Knight announced the details of the 125 birthday celebration on April 6, 2013 at the Plaza. Page 4 CITY COUNCIL MINUTES March 12, 2013 5. REPORTS FROM COUNCILMEMBERS - Councilmember Bilodeau - stated he would be out of town, thus unable to attend the State of the City address on March 14` This being Mayor Smith's first, he wished her well. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Bid No. 123 -28; Approval of plans and specifications, and request authorization to advertise for bids for construction of Sewer Line Replacement at Various Locations Project, FY 2012 -13. (C2500.M.3) Discussion — Public Works Director Joe DeFrancesco provided a staff report. He stated that this action does not address areas of the City that do not have sewer service, but next year some of the annexed areas will be addressed. He added that age and breakage are two of the reasons for replacing sewer lines. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Smith, Murphy, Bilodeau ABSENT - Whitaker Moved to: 1) Appropriate $592,000.00 from Account No. 220 (Sanitation and Sewer) to Account No. 220.5011.56200.15508; and 2) Approve plans and specifications and authorize advertising for bids. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY Page 5 CITY COUNCIL MINUTES March 12, 2013 11. RECESS TO CLOSED SESSION The City Council recessed at 5:25 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager, Steven Pham, Human Resources /Employee Relations Director, and Mike Harary, Assistant Human Resources Director. Employee Organizations: City of Orange Police Association, City of Orange Police Management Association, and Executive Directors and Top Management Employees. 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. ADJOURNMENT — The City Council adjourned at 5:25 p.m. to a Study Session on March 12, 2013 at 5:30 p.m. in the Weimer Room to review the proposed 2013 -14 Budget. 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS 13.1 OLD TOWNE ORANGE - ZONE CHANGE 1267- 12(D). (Continued from February 12, 2013) (Z1500.0 ZCG- 1267- 12(D)) Continued public hearing to consider Ordinance No. 01 -13(D) approving Zone Change No. 1267 -12(D) rezoning certain properties in "Area D" of the Old Towne Orange focus area (generally located north of La Veta Avenue, south of Palm Avenue, west of the railroad tracks, and east of Batavia Street) to Single Family Residential (R -1) zoning. Discussion — Senior Planner Jennifer Le provided a staff report. Principal Planner Anna Pehoushek clarified for Council that when the General Plan Update occurred in 2010, there was a very extensive outreach to inform property owners of future rezoning plans to align the General Plan land use designation and its zoning. In addition, she explained the unlikelihood of second and third units being developed on the properties due to small lot sizes and current building codes. MAYOR SMITH RE- OPENED THE PUBLIC HEARING. Speakers - Jeff Frankel, Old Towne Preservation Association, spoke on effects of the action and its support for establishment of the R -1 zoning that supports the historic district; Angie Russ, requested confirmation that this does not apply to properties east of Glassell. Page 6 CITY COUNCIL MINUTES March 12, 2013 13. PUBLIC HEARINGS (Continued) MAYOR SMITH CLOSED THE PUBLIC HEARING. Mayor Smith stated her support for this action for the following reasons: • There is no issue regarding legal non - conforming status for financing purposes; • Many of the lots are small, and many of the structures contribute to the historic district designation; • The action ensures the uniqueness of the Old Towne district. She further stated that the lot sizes would never support the building of three units and that matching zoning to what actually stands on the property is a very good piece of the City's preservation policy, closing with the statement that usually a family can have two units and contributing structures can stay. Ms. Le addressed Councilmember Bilodeau's concern for the property at 468 S. Pixley, stating that the development standards that apply to accessory second units in R -1 zoning are less restrictive in most instances; and therefore, have a better chance of accommodating an additional unit than a second unit on an R -3 zoned property. Ms. Le addressed concerns by Mayor pro tem Murphy on 156 -158 Clark, stating that she would clarify the existing land use and correct the City's maps as needed. Councilmember Alvarez spoke of the code limitations that would apply to the small lots in question. He stated the rezoning was important to support the preservation of the historic district, and that the Mills Act allows for non - contributing homes to be brought back to contributing status. He stated that he liked the sensitivity in carving out areas for appropriate zoning. ORDINANCE NO. 01-13(D) (FIRST READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1267 - 12(D) Rezoning Certain Properties in the Old Towne "Focus Area" Generally Located north of La Veta Avenue, South of Palm Avenue, West of the Railroad Tracks, and East of Batavia to Single Family Residential (R -1), in order to Establish Consistency Between the Low Density Residential General Plan Land Use Designation and the Zoning Classification in Accordance with State Law. MOTION - Alvarez SECOND - Smith AYES - Alvarez, Smith, Murphy NOES - Bilodeau ABSENT - Whitaker Moved that Ordinance No. 01 -13(D) be read by title only, and same was approved for second reading by the preceding vote. Page 7 CITY COUNCIL MINUTES March 12, 2013 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT — The City Council adjourned at 7:45 p.m. The next Regular City Council Meeting will be held on Tuesday, March 26, 2013, at 4:30 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of March 12, 2013 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. 16 ROB T ZORNADO CHI CITY CLERK TERESA E. SMITH MAYOR Page 8