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Council Minutes 02/28/12APPROVED BY THE CITY COUNCIL ON MARCH 13, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 28, 2012 The City Council of the City of Orange, California convened on February 28, 2012 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 Larry DiSimone, Calvary Chapel of the Canyons 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Denis Bilodeau 1.3 ROLL CALL PRESENT - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of MADD Deuce Awards Presentation of Annual Orange International Street Fair Report Recognition of Employee Service Mayor Cavecche announced that the Study Session scheduled at 6:00 p.m. would be canceled (Council took formal action at the end of the meeting). 2. PUBLIC COMMENTS - None Paize I CITY COUNCIL MINUTES February 28, 2012 3A. CITY CONSENT CALENDAR 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 February 2 and February 9, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of February 14, 2012. (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 Attorney Services Agreement with Gibbs, Giden, Locher, Turner & Senet, LLP for Legal Services in Connection with Construction - related Issues on the Grijalva Gymnasium Project increasing the not -to- exceed amount to $120 (A2100.0 Agr- 5483.3) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.5 Agreements with the City of Santa Ana and Vista Del Rio Housing Partners, LP for 1) Out -of -Area Sewer Service; and 2) Traffic Signal Maintenance for a New Apartment Development in the City of Santa Ana. Discussion — Councilmember Dumitru asked for a continuance to the March 13`" meeting to consider information that he requested from the Orange County Sanitation District, and to speak to staff on the impacts on flows to the district, trunk lines, construction impact fees, impacts to the City's system, and dealing with Santa Ana's fee structure as well. Mayor pro tem Bilodeau asked for the length of time the term "in perpetuity" would be regarding the sewer line maintenance fees, and requested information on traffic signal maintenance fees. Page 2 CITY COUNCIL MINUTES February 28, 2012 3A. CITY CONSENT CALENDAR (Continued) Public Works Director Joe DeFrancesco reported the sewer lines would last approximately 80 -100 years and that the 4% interest rate collected would provide the necessary funds to maintain the pipes. Speakers Tara Barauskas, A Community of Friends, developer of the Vista del Rio project spoke on the necessity to take action immediately due to deadlines with the City of Santa Ana. Jesse Green, SWCE, Civil Engineer, spoke on the City of Orange staff previously issuing a Will Serve letter indicating acceptance of the project. Mr. DeFrancesco responded to questions on the issuance of a Will Serve letter for sewer services, expressing staff had analyzed the request and verified existence of capacity. Mayor Cavecche requested City Manager staff contact the Santa Ana City Manager with a status on the project. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved to continue to the March 13, 2012 meeting. APPROPRIATIONS 3.6 Purchase of Tracker Products LLC, Tracker Software and Equipment for Collection, Documentation, and Management of Physical Evidence in the Police Department's Property Room. (C2500.K) ACTION: Appropriated $36,000 of Federal Asset Forfeiture monies to Account No. 355.4034.55131.20129 (Equipment - Treasury). 3.7 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. Southern California Edison — incident date 9 -15 -11 a. Robert Wilson b. Time Warner Cable c. Christopher Bunn d. Lisa Johnston e. Andrew Dadant ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 3 CITY COUNCIL MINUTES February 28, 2012 3A. CITY CONSENT CALENDAR (Continued) PURCHASES 3.8 Purchase of Five Police Patrol Vehicles through a Cooperative Purchasing Agreement; including Outfitting Four of the Units with Code III Equipment and One of the Units with Code III and K -9 Equipment. Purchase of One Vehicle from Villa Ford for the Community Services Department. (C2500.K) ACTION: 1) Authorized the purchase of five Police Patrol Vehicles from McPeek Dodge for $143,065.50; 2) Awarded contract for building /outfitting the five Police Patrol Vehicles to HiStandard of Orange, CA for $44,755.43; 3) Authorized the purchase of one half -ton Service Truck from Villa Ford of Orange for $21,474.08; and 4) Authorized the City Manager to surplus the replaced vehicles. Total expenditure for all five Police Patrol Vehicles and one Service Truck is $209,295.01. RESOLUTIONS 3.9 RESOLUTION NO. 10633 (C2500.P.5) A Resolution of the City Council of the City of Orange Approving and Adopting the Updated Orange County Regional Water and Wastewater Multi - Hazard Mitigation (HAZMIT) Plan as the City's Official Agency Hazard Mitigation Plan. ACTION: Approved. 3.10 RESOLUTION NO. 10634 (C2500.D) A Resolution of the City Council of the City of Orange Supporting the Petition to Amend Title 2, California Code of Regulations Section 18705.5. ACTION: Approved. 3.11 RESOLUTION NO. 10635 (OR1800.0.19) A Resolution of the City Council of the City of Orange Expressing Appreciation to Nick Lall, Vice Chairman of the City Traffic Commission, for Eight Years of Dedicated Service to the City of Orange. ACTION: Approved. Page 4 CITY COUNCIL MINUTES February 28, 2012 3. CONSENT CALENDAR (Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.12 RESOLUTION NO. SAORA -002 (SA1000.0) A Resolution of the Governing Body of the Successor Agency to the Orange Redevelopment Agency adopting a proposed Initial Recognized Obligation Payment Schedule as referred to in Section 34177(1)(2)(A) of the California Community Redevelopment Law. ACTION: Approved. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Item 3.5 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE 4.1 Consideration of Appointment of Mr. Bill Cathcart as Mayor pro tem Bilodeau's Representative on the Planning Commission, to fill the unexpired term of Michael Merino, ending June 30, 2012. MOTION - Bilodeau SECOND - Dumitru AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved to approve the appointment of Mr. Bill Cathcart to the unexpired term ending June 30, 2012; and directed posting of Mr. Cathcart's vacancy on the Design Review Committee. 4.2 Day Laborers on Taft Avenue. Discussion — Mayor Cavecche stated that the City's day laborer ordinance is working well with the exception of the area on Taft Avenue. She stated she drives by this area twice a day and has continually seen laborers congregate. She added that residents have contacted her reporting problems such as urination on sidewalks, trash, intimidation, and threats. Page 5 CITY COUNCIL MINUTES February 28, 2012 4. REPORTS FROM MAYOR CAVECCHE (Continued) Speakers The following persons spoke on the issue, expressing concerns, including - inability for nearby residents to use their yards, nearby pre - school; and suggestions for a "No Parking" or "No Stopping" zone along Taft Avenue or a bicycle lane. Linda DeFiore, owner of the shopping center at Taft and Tustin, noting downturn in business Joanne Gore, resident John Nelson, resident Walter Bredendick, resident Frank Rogers, resident City Attorney David DeBerry spoke on the process followed to develop the current day laborer ordinance citing the need for an extensive administrative record to support adopted regulations. He stated the possibility of approximately three months to develop a solution to the problem, citing that solicitation is a protected activity and in order to avoid being sued, due diligence is required. Mayor Cavecche reiterated that some of the suggestions made by the speakers are being explored by staff, but with the current ordinance, the Police Department is able to immediately address some of the problems being experienced. She reiterated that the City Attorney will work up possible solutions to bring back to Council to legally address this situation. 5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Bilodeau — Request City Council consider Placement of Ballot Measure on the June 5, 2012 Election to Tighten Term Limits for the Orange Mayor and City Council Seats. (C2500.D) Discussion — Mayor pro tem Bilodeau spoke on a proposal to place a measure on the June Primary ballot which would align Orange with other cities in the County that have a directly - elected Mayor. He proposes to amend the term limits cap from 14 consecutive years down to 12; and number of terms to be served for Mayor to two terms of two years each, and for Council to three terms of four years each. He added that his intent was not to hit the "reset" button for any of the currently- sitting Council, and suggested that intent be written into the ballot argument. City Manager John Sibley stated that the cost of placing a measure on the June ballot would be approximately $120,000 from the General Fund. Councilmember Dumitru stated his support for the proposed change. City Attorney David DeBerry stated that a court decision would possibly be needed to determine how this proposal affects the currently- sitting council. Page 6 CITY COUNCIL MINUTES February 28, 2012 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilmember Smith stated her inability to support the item due to the cost, citing existing employee vacancies, and the City's financial condition. Mayor Cavecche stated her inability to support the item as well. Mayor pro tem Bilodeau tabled the item, citing the lack of support, and spoke on the possibility of placing it on the November ballot at a much lower cost. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Modification of the City's Fiscal Reserve Policy. (Continued from December 13, 2011.) NOTE: Staff is requesting continuance to a date uncertain. MOTION - Cavecche SECOND - Bilodeau AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved to continue this item to a date uncertain. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 02-12 (SECOND READING) (Z1500.0) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1262 -11 to Change the Zone of 78,408 Square Feet of Property Located at 238 S. Flower Street from Limited Business (C -1) to Residential Multiple Family (R -3). Applicant: Stephanie Hoeschele for Herbert Hoeschele & Iraj Mavandadi MOTION - Cavecche SECOND - Smith AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved that Ordinance No. 02 -12 be read by title only and same was approved and adopted by the preceding vote. Page 7 CITY COUNCIL MINUTES February 28, 2012 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 16 -11 (SECOND READING) (Z1500.0) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1261 -11 Establishing Consistency Between the Low Density Residential General Plan Land Use Designation and the Zoning Classification in Portions of Old Towne in Accordance with State Law. Applicant: City of Orange NOTE: It was announced that revised maps were provided to reflect the action taken on the first reading of the ordinance. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved that Ordinance No. 16 -11 be read by title only and same was approved and adopted by the preceding vote. In response to a question by Mayor Cavecche, Community Development Director Alice Angus stated that possible amendments to the northeast quadrant would return to Council in May or June, once the Planning Commission vetted the quadrant's specific issues. 9.3 ORDINANCE NO. 03-12 (FIRST READING) (A2500.0 Fire Severity Zones) An Ordinance of the City Council of the City of Orange Designating Very High Fire Hazard Severity Zones Within the City of Orange. Discussion — In response to questions from the Council, Acting Fire Chief Patrick Dibb compared the current map to the proposed map recommended by Cal -Fire, and commented on Fire Insurance for homeowners. Councilmember Dumitru clarified with the Chief that the state's recently- enacted fee on residents in fire danger areas is not related to the adoption of this map. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Cavecche, Bilodeau, Dumitru ABSENT - Whitaker Moved that Ordinance No. 03 -12 be read by title only and same was set for second reading by the preceding vote. Page 8 CITY COUNCIL MINUTES February 28, 2012 10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY - None 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:40 p.m. to Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, and David A. DeBerry, City Attorney Employee Organizations: All Bargaining Units b. Public employee appointment /employment pursuant to Government Code Section 54957. Title: City Attorney c. 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. 12. ADJOURNMENT — MOTION - Cavecche SECOND - Smith AYES - Smith, Cavecche, Dumitru, Bilodeau ABSENT - Whitaker Moved to continue the Adjourned Regular Meeting Study Session to Review the 2012 -13 Budget to March 13, 2012, at 6:00 p.m. in the City Hall Council Chambers. The City Council adjourned at 7:30 p.m. There was no 7:00 p.m. session. The next Regular City Council meeting will be held on Tuesday, March 13, 2012 at 4:30 p.m. in the Council Chambers. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of February 28, 2012 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. R MURPHY CITY CLERK Page 9