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Council Minutes 10/25/11APPROVED BY THE CITY COUNCIL ON NOVEMBER 8, 2011 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 25, 2011 The City Council of the City of Orange, California convened on October 25, 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 Warren Johnson, Senior Chaplain, Orange County Fire Authority 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Teresa Smith 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Check from Renaissance Lodge Order Sons of Italy in America to the Orange Public Library Presentation of Retirement Resolution to Kevin Kelso (not presented) Presentation of Retirement Resolution to Bob Timboe (not presented) Recognition of Employee Service 2. PUBLIC COMMENTS — Pamela Kaveh — spoke on recent auto accident. Lucyn Wielgos — spoke on her bid to purchase city property at 206 S. Center St. Tim Cox — spoke on recent Chapman University 5K run and lack of notification to neighbors. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR October 25, 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 October 6 and October 13, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 11, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Priority Operating Carryover Appropriations from FY 2010 -11 to FY 2011 -12. (C2500.J.1.5) ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 Agreement with Management Partners, Inc. for Organizational Assessment for Development - Related Services in an amount not to exceed $75,100. (A2100.0 AGR -5813) Speaker - John Nelson, Orange Maintenance & Crafts Association — Spoke in support of the assessment of alternative services delivery, because, in his opinion, City workers can provide more services, in a quicker timeframe, and at a lower cost than the competition. In response to Council questions, Assistant City Manager Rick Otto stated that although the awardee had been rated lower than other bidders on paper, after the oral interview process the company received unanimous approval by the panel as the top firm. He also answered questions about implementing the best use of General Funding; and noted that former City Manager Dave Rudat was no longer with Management Partners. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 2 CITY COUNCIL MINUTES October 25, 2011 3. CONSENT CALENDAR (Continued) 3.6 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. a. William Byars ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.7 Contract Change Orders No. 1 and 2 - Bid No. 101 -37; Storm Drain and Street Improvements: Palm Avenue, Cambridge Street, Santiago Canyon Road, and Taft Avenue Project. (A2100.0 AGR -5775) ACTION: Approved Contract Change Orders No. 1 and 2 in the total amount of $124,047.57 to Paulus Engineering, Inc. (REMOVED AND HEARD SEPARATELY) 3.8 Contract Change Order No. 1 - Bid No. 101 -16; Tustin Street and Chapman Avenue Intersection Widening Improvements and Proposed 12" D.I.P. Water Mains for Chapman Avenue from Lincoln Street to Wayfield Street and Tustin Street from Washington Avenue to Chapman Avenue. (A2100.0 AGR -5721) Discussion — Public Works Director Joe DeFrancesco responded to questions by Councilmember Whitaker, stating that the change orders were necessary after excavation revealed the need for a design change. MOTION - Cavecche SECOND - Bilodeau AYES - Smith, Cavecche, Dumitru, Bilodeau ABSTAIN - Whitaker Moved to approve Contract Change Order No. 1 in the amount of $496,719.25 to Sialic Contractors Corporation, a California corporation, d.b.a. Shawnan. RESOLUTIONS 3.9 RESOLUTION NO. 10585 (C2500.J.4) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Management Association Effective July 1, 2011 through June 30, 2012. ACTION: Approved. PAGE 3 CITY COUNCIL MINUTES October 25, 2011 3. CONSENT CALENDAR (Continued) 3.10 RESOLUTION NO. 10586 (C2500.J.4) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Maintenance and Crafts Employees Association Effective July 1, 2011 Through June 30, 2012. ACTION: Approved. 3.11 RESOLUTION NO. 10587 (C2500.J.4) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Municipal Employees Association Effective July 1, 2011 through June 30, 2012. ACTION: Approved. 3.12 RESOLUTION NO. 10588 (C2500.J.4) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Water Division Employees Association Effective July 1, 2011 through June 30, 2012. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.13 RESOLUTION NO. 10589 (C2500.J.4) A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment of Executive Directors and Top Management Employees, and Repealing Resolution No. 10294 and Amendments Thereto. Speaker - John Nelson, Orange Maintenance & Crafts Association — Spoke in objection to the vacation cash out benefit being provided to this group and not other bargaining units. Council stated their appreciation of the sacrifices employees were being asked to make, and discussed their thoughts on health benefits, vacation cash out, changes to the retirement program, as well as the need to provide recognition and incentives to City employees entrusted with leadership responsibilities. City Manager John Sibley summarized the distinctions in the compensation packages between the managers which serve as "at will" employees, and the staff that are covered by the due process bargaining system and have a guaranteed "no layoff' clause in their latest contracts. PAGE 4 CITY COUNCIL MINUTES October 25, 2011 3. CONSENT CALENDAR (Continued) MOTION - Whitaker SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve. Mayor Cavecche stated that the Council would be looking to work with the employees over the next year, as the Council endeavors to re -build the organization with the employees' help. 3.14 RESOLUTION NO. 10590 (C2500.J.4) A Resolution of the City Council of the City of Orange for Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Employees Covered by the Orange Management Association Memorandum of Understanding. ACTION: Approved. 3.15 RESOLUTION NO. 10591 (C2500.J.4) A Resolution of the City Council of the City of Orange for Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Employees Covered by the Orange Maintenance and Crafts Employees Association Memorandum of Understanding. ACTION: Approved. 3.16 RESOLUTION NO. 10592 (C2500.J.4) A Resolution of the City Council of the City of Orange for Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Employees Covered by the Orange Municipal Employees Association Memorandum of Understanding. ACTION: Approved. 3.17 RESOLUTION NO. 10593 (C2500.J.4) A Resolution of the City Council of the City of Orange for Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Employees Covered by the Water Division Employees Association Memorandum of Understanding. ACTION: Approved. PAGE 5 CITY COUNCIL MINUTES October 25, 2011 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 10594 (C2500.J.4) A Resolution of the City Council of the City of Orange for Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Top Management Employees. ACTION: Approved. 3.19 RESOLUTION NO. 10599 (S4000.S.3.1.2) A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10533, and Adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange. ACTION: Approved. 3.20 RESOLUTION NO. 10600 (C2500.G.2.0) A Resolution of the City Council of the City of Orange Expressing Appreciation to Pam Propst of the Community Development Department for Twenty -Two Years of Loyal and Dedicated Service. ACTION: Approved. 3.21 RESOLUTION NO. 10601 (C2500.E.6) A Resolution of the City Council of the City of Orange Adopting the City of Orange Emergency Operations Plan and Approving Submittal of the Orange Emergency Plan to the California Emergency Management Agency (CAL -EMA). ACTION: Approved. 3.22 RESOLUTION NO. 10602 (OC1300.G) A Resolution of the City Council of the City of Orange Expressing Support for the Orange County Water District and Orange County Sanitation District's Groundwater Replenishment System Initial Expansion Project. ACTION: Approved. 3.23 RESOLUTION NO. 10603 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange City Fire Fighters, Local 2384, International Association of Fire Fighters, AFL -CIO, Effective July 1, 2011 through June 30, 2012. ACTION: Approved. PAGE 6 CITY COUNCIL MINUTES October 25, 2011 3. CONSENT CALENDAR (Continued) 3.24 RESOLUTION NO. 10604 (C2500.J.4.2) A Resolution of the City Council of the City of Orange to Cease Paying and Reporting the Value of Employer Paid Member Contributions to the Public Employees' Retirement System for Employees Covered by the Orange City Fire Fighters, Local 2384, International Association of Fire Fighters, AFL -CIO. ACTION: Approved. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.5, 3.8, 3.13 were removed and heard separately. All other items were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmembers Dumitru and Bilodeau — Discussion on legal challenge against the State of California regarding e- verify legislation. Discussion — Council discussed the possibility of entering into a legal challenge along with other cities against A131236; Councilmember Whitaker raising the issue with other cities within the Association of California Cities, Orange County (ACCOC); the idea of reaching out to the Chamber of Commerce on this issue; contacting the city's congressional representatives for input from the federal government; and a Council request to see an I -9 Form. MOTION - Bilodeau SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to direct the City Attorney to agendize this item for Closed Session each meeting, and to provide Council with updates. PAGE 7 CITY COUNCIL MINUTES October 25, 2011 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes: NOTE: Did not discuss this Item. 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 Misc. Bargaining Groups. b. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: 206 South Center Street; City Negotiators: Rick Otto and Mark Winters. Negotiating Parties: City of Orange, as seller, and successful bidder to be determined. Under Negotiation: Price and terms of payment. c. Conference with Legal Counsel — Existing Litigation pursuant to Government Code section 54956.9(a): 1) Orange Citizens for Park and Recreation v. City Council of the City of Orange, OCSC Case No.: 30-201100494437 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 R CITY COUNCIL MINUTES October 25, 2011 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS 13.1 REZONE CERTAIN PROPERTIES IN THE OLD TOWNE ORANGE HISTORIC DISTRICT TO SINGLE FAMILY RESIDENTIAL (R -1) - ZONE CHANGE 1261 -11. Time set for public hearing to consider the proposed zone change to rezone affected properties in Old Towne east of Glassell Street to R -1 -6 (Single Family Residential, 6,000 square foot minimum lot size), consistent with the prevailing single - family zoning that exists in other parts of Old Towne's residential quadrants. The zone change is proposed in order to establish consistency between General Plan land use designations and zoning classifications, as required by State law. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche ABSENT - Dumitru, Bilodeau Moved to separately consider the re- zoning of affected properties in the northeast and southeast quadrants as shown on the maps provided to the City Council. NOTE: Councilmembers Dumitru and Bilodeau returned to the dais at 7:15 p.m. Mayor pro tem Smith and Councilmember Whitaker announced that due to a property interest impacted by the proposed rezoning of the northeast quadrant they would be abstaining and both left the dais. Discussion — Community Development Director Alice Angus began the staff report, referencing the details of the zoning code provisions pertaining to non - conforming uses, and historic duplex and multi- family structures. Senior Planner Jennifer Le stated that the northwest and southwest quadrants (west of Glassell) would be brought to Council in 2012. THE MAYOR OPENED THE PUBLIC HEARING. Speakers - The following spoke on the item: Michelle Carder, OTPA Jonathan Neal Michael Ochs, OTPA Christina Tardif Charles Batzum, III Lawrence Lopez John Goode Paul Guzman, Orange Barrio Historical Society Jeff Frankel, OTPA Andrea McCullough Steve Bennett Mary Anne Skorpanich Robert Imboden Mary Matuzak Glory Johnson PACE 9 CITY COUNCIL MINUTES October 25, 2011 13. PUBLIC HEARINGS (Continued) Councilmember Bilodeau stated his concern that this action may create hardship on certain property owners trying to re- finance due to their property having a legal, non - conforming status. He stated he would not be able to support this action to down zone a wide swath of properties, but would consider downzoning on a case -by -case basis at the request of the homeowner. Community Development Director Alice Angus responded to questions from Councilmember Dumitru on the R -3 parcels at Orange and Grand streets, and office- professional zoning on the corner of Maple and Center. Mayor Cavecche stated her recollection that at the General Plan update hearing, a number of banking representatives stated that there was no problem with re- financing a property with a legal non - conforming zoning designation. She stated her support for the down zoning because it still allowed a property owner to build a rental unit, no more than 640 square feet, behind their home as an accessory unit. City Attorney David DeBerry stated the need for three votes on this issue. MOTION - Cavecche SECOND - AYES - Moved to find that the proposed zoning changes are within the scope of the previously- approved 2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the Program EIR adequately describes the zoning changes for purposes of CEQA and no new environmental documents are required. (MOTION DIED FOR LACK OF SECOND) ORDINANCE NO. 16 -11 (FIRST READING) 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. MOTION - Cavecche SECOND - AYES - As it relates to the northeast quadrant map provided to the City Council, it is moved that Ordinance No. 16 -11 be read by title only and same was set for second reading by the preceding vote. (MOTION DIED FOR LACK OF SECOND) PAGE 10 CITY COUNCIL MINUTES October 25, 2011 13. PUBLIC HEARINGS (Continued) NOTE: Discussion on the northeast quadrant completed. Council moved on to discuss the southeast quadrant. NOTE: Mayor pro tem Smith and Councilmember Whitaker returned to the dais. Speaker - Diane Kropidlowski spoke on the effects of the action on her property. THE MAYOR CLOSED THE PUBLIC HEARING. Councilmember Whitaker discussed the need to balance individual property rights with collective property rights and the difficulties of their application to the Old Towne area; while noting that this General Plan update process has been ongoing for approximately five years. He noted the obligation to make zoning consistent with the General Plan designation and the accommodation of legal non - conforming uses and historic duplexes and multi family structures. He suggested the need to treat the two quadrants the same. Mayor pro tem Smith stated that all four quadrants of the Old Towne area are not the same and can be different from each other. She provided the history of the quadrants and their uniqueness warranting different zoning designations. She also stated that spot zoning occurred in the area at one time in the past. Councilmember Whitaker suggested a continuance so that concerns could be addressed and hoped that the two quadrants could be addressed at the same time, as there is a need for consistency with the quadrants due to their similarity as residential areas, adding that he also believed spot zoning to be unconstitutional. Mayor pro tem Smith stated that during the General Plan hearings, as a body, low- density residential was approved. She stated that the City's embracing of historical restoration of the Plaza and the residential Old Towne area has been extremely effective with property values; and that she believed nationally registered districts need to have lower densities to survive, citing examples of other districts in the area. She reiterated that the two quadrants will not be the same, but should be compatible. City Attorney David DeBerry stated that with the General Plan designating these properties in the northeast and southeast quadrant as low- density, a project coming forward with multi - family housing that is not consistent with low- density designation cannot be processed with the current zoning. Mayor Cavecche stated her support for this action and added that property values in the Old Towne area have been the highest in the quadrants where there is more single - family, P.. -1 zoning. PAGE 11 CITY COUNCIL MINUTES October 25, 2011 13. PUBLIC HEARINGS (Continued) MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to continue the southeast quadrant discussion to November 22 meeting, at 7:00 p.m., and direct staff to look into the concerns of Councilmembers Dumitru and Bilodeau to see if additional items could be added to the Zoning Code to address their concerns. Mayor Cavecche clarified with the City Attorney that staff can bring back the northeast quadrant to Council at a later date, if warranted, after addressing Councilmembers' concerns. 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT - The City Council adjourned at 8:15 p.m. The next regular City Council Meeting is scheduled for Tuesday, November 8, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 25, 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. . MU- CITY CLERK PAGE 12