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Council Minutes 08/09/11APPROVED BY THE CITY COUNCIL ON AUGUST 23, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 9, 2011 The City Council of the City of Orange, California convened on August 9, 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 Pastor Mike Sciarra, Grace Brethren Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred Whitaker 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Cavecche announced the Concerts in the Park continuing every Wednesday night at 7:00 to 8:30 p.m. at the Hart Park bandshell through August. 2. PUBLIC COMMENTS - None Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR August 9, 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 July 21, July 26 and July 28, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of July 26, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement for the Transfer of Ownership of the Police Service Dog, Hondo, currently assigned to the Police Department's Canine Team from the City of Orange to Officer Ryan Johnson. (A2100.0 Agr -5789 ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement with Orange International Street Fair, Inc. (OISF) for Production of the Street Fair. (A2100.0 Agr- 1071.H) ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.6 Agreement with InfoSend, Inc. for Statement Printing and Mailing Services for Utility Billing and Business License Division in an amount not to exceed $163,000 (including postage). (A2100.0 Agr -5791) Discussion - At the request of Mayor pro tem Smith, the Finance Director clarified the policy and procedures for water bills and noted this change is because of current problems. MOTION - Smith SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES August 9, 2011 3. CONSENT CALENDAR (Continued) 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. a. Joyce Constantine b. Robert Schuller ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.8 Award of Contract — Bid No. 112 -01; Mechanical Services Preventive Maintenance for Heating, Ventilation, and Air Conditioning Equipment (HVAC) at Various City Buildings. (A2100.0 Agr -5792) ACTION: Awarded contract to Integrity Automated Solutions in the amount of $60,755.00 and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Final Acceptance of Bid No. 101 -35; Chapman Avenue Emergency Slope Repair Project performed by AIS Construction Company. (No staff report required.) (A2100.0 Agr -5755) ACTION: Accepted public work improvements, authorized release of Arch Insurance Company, from the State of Missouri, Bond No. SU 1109773 in the amount of $53,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. FACILITIES 3.10 Request to close the Orange Public Library facilities to the Public on the Following Dates for FY 11 -12: Saturday, September 3 rd for International Street Fair; Wednesday, November 23 at 6 p.m. for Thanksgiving; and Monday, January 16 2012 for Staff Development Day. (C2500.I) ACTION: Approved. PURCHASES 3.11 Purchase of Print Materials for Orange Public Library Facilities from Baker & Taylor, Inc. in the amount of $40,000. (C2500.I) ACTION: Approved. Page 3 CITY COUNCIL MINUTES August 9, 2011 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.12 RESOLUTION NO. 10574 (C2500.M.16.1) A Resolution of the City Council of the City of Orange Approving Lot Line Adjustment No. LL 2011 -02 Merging Two Lots of Certain Real Properties Situated at 3901 W. Metropolitan Drive, in the City of Orange, County of Orange, State of California. ACTION: Approved. SPECIAL EVENTS 3.13 Request from Orange Elderly Services for the temporary closure of the Municipal Parking Lot at 170 S. Olive St. (adjacent to Orange Elderly Services Center), Saturday through Sunday, October 8 and 9, 2011, for a special event. (P2500.0.9) ACTION: Approved. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Item 3.6 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 - None 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None Page 4 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS August 9, 2011 7.1 Participation in the Alternative Voluntary Redevelopment Program. (A2500.0) Discussion — Economic Development Department Director Jim Reichert provided the staff report, detailing the impacts and the differences between ABX1 26 and ABX1 27. He also summarized the recommendation to Council to adopt the ordinance to preserve local redevelopment resources and retain local control of the assets. Todd Mooney, Agency Special Counsel, provided information for the Council on the new legislation's provisions regarding Agency finances, and indicated that there are inconsistencies in the bill's language. Council further confirmed with staff the amount of Agency debt, real property assets, and possible reimbursement to the County for administration fees, if the County became the oversight agency in the ABX1 26 scenario. Speakers — The following persons spoke in favor of the Council entering into the State's Alternative Voluntary Redevelopment Program: Barry Cottle Laurie Weidner, Chamber of Commerce Board Chairperson Scott Dutenhoefer Heidi Larkin -Reed, Chamber of Commerce CEO Blake Windal, General Manager, The Block at Orange Councilmember Dumitru asked about the total debt of the Agency, the use of bond money and the history behind the acquisition of the Redevelopment owned parking lots. Councilmember Bilodeau stated his reasons for not supporting the motion: 12% of all property tax is diverted to RDA which is needed by the State and Federal government; half of the State's money goes to schools, and property values are affected by the condition of the local schools; he supports using the ORA's large fund balance to pay down its debt; if the City did not opt -in, the City's general revenue would rise by approximately $3 million dollars per year. Councilmember Whitaker stated that he agreed with many of Councilmember Bilodeau's comments, but that since 1983 redevelopment agency funds have been used in Orange to pay for infrastructure, and that there is a need for more than $3 million a year to fund existing projects in a timely manner. He acknowledged that all of the other cities in Orange County are opting -in. He further stated that the City's minority influence on a new oversight board would not deter it from liquidating the Redevelopment owned parking lots to obtain revenue for other agencies. He added the need to have a defensive tool to attract and maintain auto dealerships. He commented that, with respect to OUSD, other school districts have higher ratings and drive their property values up in cities that have more aggressive redevelopment agencies. He commented on his dislike for redevelopment because the City should not be involved in the market place; however, he is unwilling to lose the fund balance and assets. Page 5 CITY COUNCIL MINUTES August 9, 2011 7. ADMINISTRATIVE REPORTS (Continued) ORDINANCE NO. 15 -11 (FIRST READING) An Ordinance of the City Council of the City of Orange, California, Authorizing the City of Orange to Participate in the Alternative Voluntary Redevelopment Program, Subject to Certain Conditions and Reservations. MOTION - Cavecche SECOND -Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved that Ordinance No. 15 -11 be read by title only and same was set for second reading by the preceding vote. 7.2 Ridgeline Residential Development. (C2300.E) Discussion — City Attorney David DeBerry provided a staff report, detailing the options before Council, and responded to a question by Mayor Cavecche regarding the effects on the project if the Council rescinds the General Plan Amendment resolution. In response to a request by Councilmember Dumitru for a report on a recent meeting that took place between the two sides and various staff and elected officials, City Manager John Sibley characterized the meeting as an attempt to bring the community together, and stated that the outcome of the meeting was an agreement to meet again to attempt to reach common ground in the next 30 days. He acknowledged that a Council ad hoc committee had not been established, but this was a response to the vitriol circulating in the community, and many requests by constituents to jumpstart discussions to resolve the issues. City Attorney David DeBerry stated that meetings such as these are typical, but that there isn't much leeway as the deadline has passed to withdraw the referendum petition, and the Council must take action. Councilmember Whitaker stated that while on the Planning Commission he has personally met numerous times with the two sides on the issues, and if given a chance to bring the community together, he was willing to support the meetings. Mayor Cavecche responded that the meeting resulted in agreement on both sides to meet again. She acknowledged that it did not change the decision the Council has to make, but rather was an attempt to determine the future of the current project, and reveal affects on any future project coming forward by the developer. Page 6 CITY COUNCIL MINUTES August 9, 2011 7. ADMINISTRATIVE REPORTS (Continued) City Manager John Sibley further reported no violation of public laws had occurred, and that one of the rules was that other projects were not discussed, no agreements had resulted, no continuance granted, and added that only two elected officials were present so as not to violate any public meeting laws. Speakers — The following persons spoke on the project. Lois Widly Michelle Gregory Michelle Pettit - Williams Nancy Johnson Connie Bowin Lynn Canton Chris Cormack Don Baddorf Rose Ellen Cunningham Matthew Cunningham Debbie Kiepfer Laura Thomas Michael Keegan Ken Ryan Laurie Marine Mark Sandford Peter Wetzel Michael Gaughen Diane Reissmueller In response to information provided by the City Attorney on the time line for action by the Council, discussion ensued to schedule a Council meeting to consider the results of additional meetings by the two sides; as well as the report from the City Attorney on the status of the project as a result of action to rescind the General Plan Amendment resolution; the status of any pending litigation; and options for the Council in response to this information. MOTION - Whitaker SECOND -Smith AYES - Whitaker, Smith, Cavecche, Bilodeau NOES - Dumitru Moved to direct the City Attorney to prepare a report on the referendum, as called for in the Elections Code, to provide information on what would happen to the project if the General Plan Amendment were rescinded or overturned; the contentions in the pending litigation and analysis on possible merits of the litigation; and set a special meeting for Tuesday, September 6 1 at 7:00 p.m. for action as called for by law. Page 7 CITY COUNCIL MINUTES August 9, 2011 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1 CANNON STREET SPEED LIMIT CHANGE (Continued from July 12, 2011.) (A2500.0 Ord -13 -11 Speed Limits) Discussion — Councilmember Bilodeau stated his concern for the conditions on Cannon Street, commenting that it currently has no speed limit, and that the traffic study is over five years old. He urged the Council to act on the recommendations by the Traffic Commission. Police Sergeant Jeff Bird responded to questions by Council, detailing the department's inability to use RADAR, LIDAR, or pace at this location; that Cannon is not considered residential to require residential speed limit rules apply; and at what speed the limit can be enforced with RADAR, as well as a recent observation of traffic showed that even with construction on the street, the average speeds were 39 and 41 in both directions. Speaker — Marjan Dunn, outgoing - president Linda Vista Elementary School PTA, stated a need for common sense in addressing the issue of speeding. Public Works Director Joe DeFrancesco stated that the City Traffic Engineer was unable to find an alternate finding to keep the speed limit low. Mayor Cavecche stated she did not like to raise the speed limit, but understands the necessity based on the 85`" percentile. ORDINANCE NO. 13 -11 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Bilodeau NOES - Dumitru Moved that Ordinance No. 13 -11 be read by title only and same was set for a second reading by the preceding vote. Page 8 CITY COUNCIL MINUTES August 9, 2011 9.2 ORDINANCE NO. 14 -11 (SECOND READING) (A2500.0 Ord- 14 -11) An Ordinance of the City Council of the City of Orange Adding a New Section 10.08.080 to the Orange Municipal Code to Prohibit the Installation of Automated "Red Light" Traffic Enforcement Systems. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14 -11 be read by title only and same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:45 p.m. to a Closed Session for the following purposes: 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. 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 — The City Council adjourned at 9:00 p.m. There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for Tuesday, August 23, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 9, 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 regula meeting; and available at the Civic Center City Clerk's Office. rr. � � �4 M URP !CITY CLERK Page 9