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Council Minutes 01/22/13APPROVED BY THE CITY COUNCIL ON FEBRUARY 12, 2013 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING January 22, 2013 The City Council of the City of Orange, California convened on January 22, 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 Pastor Ric Olsen, The Beacon Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Mark A. Murphy 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by Longhouse Chief —YMCA Indy 500 Pinewood Derby Challenge Presentation of Governor's Historic Preservation Award Presentation of Retirement Resolution to Fire Captain Keith Wagerle Presentation of Retirement Resolution to Fire Captain John Karell Recognition of Employee Service 2. PUBLIC COMMENTS - None Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR January 22, 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. 3.A CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated January 3 and January 10, 2013. ACTION: Approved 3.2 City Council Minutes, Regular Meeting of January 8, 2013. (C2500.D.4) ACTION: Approved 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved AGREEMENTS 3.4 Cooperative Agreement with Orange County Transportation Authority and the Cities of Anaheim and Buena Park for the Implementation of the Ball Road (Taft Avenue in Orange) Project, funded as part of the Measure M2 Regional Traffic Signal Synchronization Program. (A2100.0 Agr -5965) ACTION: 1) Appropriated $26,000.00 from Fund 262 (Measure M) to Account No. 262.5032.56100.20123 for the City of Orange share of the project costs; and 2) Approved the agreement and authorized Mayor and City Clerk to execute on behalf of the City. 3.5 Negotiating and Rent Restructure Agreement between the Successor Agency to the Orange Redevelopment Agency (SAORA), the City of Orange, and Serrano Woods, LP. (A2100.0 Agr -5964) (See related Consent Calendar Item No. 3.18.) ACTION: Approved the agreement and authorized the City Manager to execute on behalf of the City. PAGE CITY COUNCIL MINUTES January 22, 2013 3. CONSENT CALENDAR (Continued) 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. Approval of plans and specifications, and request for authorization to advertise for bids. (S4000.S.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the CDBG ADA Wheelchair Access Ramps at Various Locations, FY 2012 -13. 3.7 Rejection of Bids for Bid No. 123 -19; Water Street and Jameson Street Landscape Improvements Project for 105 -125 S. Water Street. (C2500.M) ACTION: Rejected all bids received. 3.8 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. Jack Katangian b. Marion V. Kerr C. Paul C. Kerr ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.9 Award of Contract — Bid No. 123 -15; Upper Serrano Pump Station Paving and Fencing Project to United Paving Company, in the amount of $110,484.40. (A2100.0 Agr -5966) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. PERMITS (REMOVED AND HEARD SEPARATELY) 3.10 Dirt Hauling Permit for Orange County Water District for the Fletcher Basin Project. (C2500.M.20) Discussion — Councilmember Bilodeau explained that this permit allows for OCWD to reclaim land for a new water percolation facility for Orange residents. PAGE 3 CITY COUNCIL MINUTES January 22, 2013 3. CONSENT CALENDAR (Continued) MOTION - Bilodeau SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve issuance of a dirt- hauling permit for the project, located at 15662 W. Fletcher Ave. to the contractor selected by the OCWD and subject to the conditions recommended by staff. REPORTS 3.11 Adoption of Fair Political Practices Commission (FPPC) Form 806 Regarding Publication of City Council Appointments. (OR1800.0) ACTION: Authorized placement on City's website FPPC Form 806 as required by the regulations. 3.12 Association of California Cities — Orange County Annual Membership Dues. (OR1800.0.12.5) NOTE: Councilmember Bilodeau registered a "no" vote on this item. ACTION: Authorized the City Manager to pay annual dues to the Association of California Cities — Orange County for a term of one year; expires December 2013. RESOLUTIONS 3.13 RESOLUTION NO. 10698 (Continued from January 8, 2013) (C2500.J.4.3) A Resolution of the City Council of the City of Orange Resolving a Failure By Representatives of the City and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO, to Agree Upon the Terms and Conditions for a Fiscal Year 2012 -2013 Memorandum of Understanding Between Representatives of the City and the Orange City Firefighters, Inc. NOTE: City Manager John Sibley stated that this item is being removed from consideration since agreement has been reached with the firefighters; and at the next meeting the Council will be asked to ratify the agreement. 3.14 RESOLUTION NO. 10701 (C2500.M.15) A Resolution of the City Council of the City of Orange for Funding from the Urban Forestry Grant Program entitled, "An Urban Forest For Every City ", as provided through Proposition 40 and /or Proposition 84. ACTION: Approved PACE 4 CITY COUNCIL MINUTES January 22, 2013 3. CONSENT CALENDAR (Continued) 3.15 RESOLUTION NO. 10702 (C2500.J.1.0.1) A Resolution of the City Council of the City of Orange Amending the Master Schedule of Fees and Charges for Utility Account Establishment Fees. ACTION: Approved 3.16 RESOLUTION NO. 10703 (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange Repealing Resolution No. 10325 and Implementing the Memorandum of Understanding Between the City of Orange and the Orange Fire Management Association Concerning Wages, Hours, and Other Conditions of Employment for the Period of July 1, 2012 Through and Including June 30, 2013. ACTION: Approved and authorized staff to make the necessary budget adjustments and /or appropriations to the department's salary and benefit accounts to fund the increased costs of the changes. TRANSFER OF FUNDS 3.17 Transfer of Fund 511 (Park Acquisition and Development Fees) Monies for Phase One of CIP No. 20164 (Hart Park Picnic Shelter Repair /Replacement). (C2500.N) ACTION: Approved transfer of $60,000.00 from Account No. 511.7021.56015.10607 (El Camino Real Park Renovation) to Account No. 511.7021.56015.20164 (Hart Park Picnic Shelter Repair /Replacement). 313. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.18 Negotiating and Rent Restructure Agreement between the Successor Agency to the Orange Redevelopment Agency, the City of Orange, and Serrano Woods, LP. (A2100.0 Agr -5964) (See related Consent Calendar Item No. 3.5.) ACTION: Approved the agreement and authorized the Executive Director to execute on behalf of the Successor Agency. MOTION - Bilodeau SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Item 3.10 was removed and heard separately. Councilmember Bilodeau recorded a "no" vote on Item 3.12. Item 3.13 was removed from the agenda. All other items were approved as recommended. END OF CONSENT CALENDAR PAGE 5 CITY COUNCIL MINUTES January 22, 2013 4. REPORTS FROM MAYOR SMITH 4.1 Consideration of Appointment of City Council Members to City and Regional Boards. Mayor Smith stated that the appointment of an alternate to the North Net Joint Powers Fire Training Authority, and a representative on the Trauma Intervention Prevention (TIP) Advisory Board were still needed. MOTION - Smith SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to appoint Mayor pro tem Murphy as the alternate on the North Net Authority, and Councilmember Alvarez as the representative on the TIP Board. 5. REPORTS FROM COUNCILMEMBERS Councilmember Whitaker — Requested staff provide to Council: 1. Update on the recruitment for the Community Development Department Director; 2. A substantial report provided at the upcoming budget study session on the options regarding the unfunded pension liability identified in a recent Stanford University report. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Selection Committee Results and Award of Contract for Request for Proposals (RFP) 123 -13; Street Sweeping Services. (A2100.0 Agr -5963) Discussion — Deputy Public Works Director Michael Wolfe gave a presentation summarizing the background and selection process supporting the recommended action of awarding a contract to CR &R.. He cited pricing, unique opportunities as the City's existing waste hauler, their proximity to the City, efficiencies with sweeping debris processing, and their top ranking by the selection committee to substantiate awarding the contract. He further answered questions from the Council on specifics regarding sweeper equipment, maintaining existing sweeping schedule, GPS monitoring, special events services, and the fact that no City staff is being laid off. PAGE 6 CITY COUNCIL MINUTES January 22, 2013 7. ADMINISTRATIVE REPORTS (Continued) Speaker — John Nelson, City employee and Orange ratepayer, detailed what the City loses by outsourcing this service. Mayor Smith stated the decision to outsource has no bearing on the quality of work by the current City staff. She noted no jobs were being lost, but that the needed replacement of the equipment is unaffordable for the City. Councilmember Whitaker agreed and stated that the City does not have enough equipment reserve funds, and that for the same cost to the ratepayers, new equipment will be purchased, affected staff members will be placed in currently frozen positions, infrastructure will be improved, and funds will be available to cover increased costs to the City in other areas. Councilmember Bilodeau inquired on rate reductions and whether the City was required to follow the Proposition 218 hearing provisions on rate decreases. Councilmember Alvarez asked staff to provide Council with rate adjustment calculations. Mayor pro tem Murphy stated that City employees maintain pride in service, but economics and good stewardship of the citizens' money is driving this decision. He commended the employees work in keeping the equipment functioning past its life. City Attorney Wayne Winthers stated that the employee MOU has been followed regarding moving the current street sweeper staff, and staff will review and report back on its findings regarding Prop 218 provisions. Speaker — Dean Ruffridge, CR &R, spoke on the quality of their service, and the advantage with knowing Orange streets through the trash hauling service. He further stated that five to six employees will be hired and city employees would be able to apply. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to: 1) Approve a five -year service contract with CR &R Incorporated with an initial annual amount of $509,139.66 for FY 13/14, subject to a 2% maximum annual formula -based inflation adjustment starting with FY 14/15, with a five year total not to exceed $2,649,583.24; and authorize the Mayor and City Clerk to execute the contract on behalf of the City; and 2) Unfreeze positions 527 -001 and 360 -004, funded by the Sanitation Fund (Fund 220), to allow for the movement of existing operators into other Public Works positions. Staff was directed to bring back Prop. 218 rate analysis and options to the Council. PAGE 7 CITY COUNCIL MINUTES 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None January 22, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:10 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. PAGE R CITY COUNCIL MINUTES January 22, 2013 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS 13.1 APPEAL NO. 0532 -12 — DESIGN REVIEW COMMITTEE NO. 4638 -12, LOCATED AT 137 NORTH SHATTUCK PLACE. APPLICANT /APPELLANT: ROBERT COLGAN. (A4000.0 APP - 0532 -12) Time set for a public hearing to consider an appeal of the Planning Commission's denial of an appeal to demolish an existing 1,375 square foot one -story single - family residence, and construct a new 2,548 square foot two - story, single - family residence, located at 137 North Shattuck Place. Discussion — Interim Community Development Director Ed Knight provided the staff report. Speaker — Mr. Robert Colgan spoke on his proposed project, detailing aspects of the project's innovative green construction technologies. THE MAYOR OPENED THE PUBLIC HEARING. Speakers — The following persons spoke in opposition to the project, mainly citing the size being incompatible with the surrounding neighborhood: Dan Slater Glen Duncan Rynthia Neely Michelle Duncan Long Duong Speakers — The following persons spoke in support of the project: Adolfo Flores David Panno Rod Mullen Mr. Colgan responded to questions from Council, stating that single -story homes are manufactured, but its placement along with the existing workshop on the property would not be "to code ". He further described his experience with the DRC approval process and the two appeals he pursued. He shared his opinion that the Infill Guidelines are subjective and interpreted based on opinion. THE MAYOR CLOSED THE PUBLIC HEARING. Mayor Smith stated her opposition to the project because it is not a good fit in the neighborhood due to its lack of architectural "rhythm ", and not meeting the Infill Guidelines. Page 9 CITY COUNCIL MINUTES January 22, 2013 13. PUBLIC HEARINGS (Continued) Councilmember Alvarez stated he opposed the project due to its bulk and mass. He stated that the Design Review Committee and the Planning Commission are charged with maintaining the integrity of the neighborhood. Councilmember Whitaker stated an outside consultant has identified improvement areas with the DRC process. He also spoke on the size of the project not fitting the neighborhood. He further spoke on the need to address the policies on green building when articulation is not possible with the second floor. Mayor pro tem Murphy acknowledged this project being on the leading edge of new technology, and explained the history leading to the adoption of the Infill Guidelines. He also agreed the project was too large for the neighborhood, yet it might fit in several other areas of the City. Councilmember Bilodeau stated his agreement with the points made. He stated that the Council needed to make two findings to overturn the Planning Commission's denial of this project, but that was not possible. He added that although manufactured housing is superior in construction methodology and quality, the findings cannot be made. Mayor Smith stated there is a need to add a new section to the residential Infill Design Guidelines to address architectural details on manufactured homes. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to deny appeal. 14. PLANNING AND ENVIRONMENT 14.1 REQUEST FOR IMPLEMENTATION OF PERMIT PARKING AREAS. (S4000.S.3.1.2) Consideration of the addition/initiation of neighborhood permit parking programs in the following areas: Area S The specific area requesting creation of a new Parking Permit Program Area S is as follows: 1. Both sides of Poplar St. between Maple Ave. and the cul -de -sac. 2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave. 3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave. 4. Both sides of Eckhoff St. between 130 -283 N. Eckhoff St. PAGE In CITY COUNCIL MINUTES January 22, 2013 14. PLANNING AND ENVIRONMENT (Continued) Discussion — Public Works Director Joe Defrancesco gave the staff report. THE MAYOR OPENED THE PUBLIC HEARING. Speakers — The following persons spoke in favor of the Parking Permit Area S to address crowded parking issues, trash collection problems, inability of streets to be swept properly, and driveways being blocked: Adolfo Perez David Sturm DeeAnn Perez Thahn Van Luyen Jeanette Sturm Laurie Southern Yonn Bowker The following persons spoke in opposition to the Parking Permit Area S suggesting removal of red curbs, enforcement of use of garages for parking, diagonal parking, and stating that apartment residents pay for parking in monthly rents: Marilyn Silverstein Maria Ortega Nick Kablon Rafael Carrete Eliel Gabriel Ray Walls THE MAYOR CLOSED THE PUBLIC HEARING. The Council discussed the parking permit program being the City's solution to insufficient parking on the streets of Orange. It was acknowledged that the applicants have applied for, paid for, and qualified with the sufficient amount of signatures by residents, to be granted their request. They further stated a desire to explore diagonal parking, and issues with alleys, suggested by Mr. Walls. Mayor Smith stated the need for a study on parking at multi - family dwellings. She further stated the need for residents to use their garage for parking cars and to encourage neighbors to do the same. Councilmember Bilodeau stated that the apartment owners in the vicinity of the Adray's building may want to jointly request use of the parking lot as a short-term solution. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Item II, Area S. PAGE 11 CITY COUNCIL MINUTES January 22, 2013 14. PLANNING AND ENVIRONMENT (Continued) Area P — NOTE: Councilmember Alvarez recused himself due to a possible conflict with his residence. The specific area requesting addition to Parking Permit Program Area P is as follows: 1. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul -de- sac. 2. West side of Lincoln St. from 990 N. Lincoln St. and Adams Ave. 3. East side of Lincoln St. from 1073 N. Lincoln St. and Adams Ave. 4. Both sides of Adams Ave. between Lincoln St. and California St. Discussion - Public Works Director Joe Defrancesco gave the staff report. THE MAYOR OPENED THE PUBLIC HEARING. The following persons spoke in favor of Parking Permit Area P expansion: Enriquetta Peralta Mae Gugino Michael Tunstall Carla Tunstall Aurelio The following persons spoke in opposition to Parking Permit Area P expansion: Brian Gemertt Collette Christian Arlene Sumers Karen Finn THE MAYOR CLOSED THE PUBLIC HEARING. Council discussed with the Public Works staff the specific addresses and boundaries being added to Permit Area P. It was noted that the program does not apply to multi- family buildings larger than duplexes. RESOLUTION NO. 10697 A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10667, and Adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Murphy, Bilodeau ABSENT (RECUSED) - Alvarez Moved approval of Resolution No. 10697, approving Area P as stipulated in the petition, with the conditional addition of several more addresses upon the City Manager's receiving proof of their timely request for inclusion. NOTE: As of February 7, 2013, the City Manager authorized the following addresses to be included in Permit Parking Area P: 1008 -1010 N. Lincoln Street 1073 -1075 N. Lincoln Street 1083 -1085 N. Lincoln Street PAGE 12 CITY COUNCIL MINUTES January 22, 2013 15. ADJOURNMENT - The City Council adjourned at 10:45 p.m. The next Regular City Council Meeting will be held on Tuesday, February 12, 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 January 22, 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. AR E. MURPHY CITY CLERK ERESA L SMITH MAYOR PACE 13