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Council Minutes 07/26/11APPROVED BY THE CITY COUNCIL AUGUST 9, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 26, 2011 The City Council of the City of Orange, California convened on July 26, 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 Reverend Jeannie Martz, Trinity Episcopal Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Denis Bilodeau 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Employee Service. Mayor Cavecche announced the National Night Out event on August 2n at the Target parking lot from 6:00 to 9:00 p.m.; and 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 — Bob Kirkeby — spoke on campaign contributions and the Ridgeline Development. Katrina Kirkeby — spoke on alleged groundwater contamination in Santiago Creek. (City Manager John Sibley reported the City is monitoring the water situation.) Michelle Gregory — spoke on alternative uses of Ridgeline Development property. Shirley Grindle — spoke on her experience with election campaign finance. Presentation to City Council from Pat Buttress, Southern California Edison Public Affairs representative, recognizing City's involvement in energy efficient programs. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR July 26, 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 7, and July 14, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of July 12, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 City Treasurer's Report, period ending June 30, 2011. (C2500.F) ACTION: Received and filed. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 First Amendment to Attorney Services Agreement with Liebert Cassidy and Whitmore for Labor Negotiations, increasing the not to exceed amount to $75,000. Discussion — Mayor pro tem Smith stated she could only support a not to exceed amount of $50,000 increase at this time, and that any increases above that should come back to the Council. Councilmember Whitaker stated the need to continue utilizing the contract attorney to complete labor negotiations. MOTION - Bilodeau SECOND - Dumitru AYES - Whitaker, Cavecche, Dumitru, Bilodeau NOES - Smith Moved to approve staff's recommendation for the First Amendment to Attorney Services Agreement; and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES July 26, 2011 3. CONSENT CALENDAR (Continued) 3.6 Agreement with Bureau Veritas North America, Inc. for Plan Check Services, in the amount of $70,000, FY 2011 -12. (A2100.0 Agr- 3100.11) ACTION: Approved the agreement, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 First Amendment to Agreement with SirsiDynix for Migration to Unicorn Software to control long term costs of maintenance and support; and Acceptance of Terms and Conditions for a proposal for Platinum Premier Services (Continued from July 12, 2011). (A2100.0 Agr- 4384.A.1) ACTION: Continued to no date certain. APPROPRIATIONS 3.8 Appropriation of Revenue from 2011 Sports Field User Group Maintenance for High Impact and /or Repetitive Use. (C2500.N) ACTION: Appropriated fee revenue from the following balance sheet account: 100.7001.42480 (User Group Fee — Revenue Account) $12,000.00 To the following expenditure account: 100.7022.51700 (Contractual Services) $12,000.00 CONTRACTS 3.9 Contract Change Order No. 1 — Bid No. 101 -20; Installation of Efficient Heating, Ventilation and Air Conditioning (HVAC) System at the Corporation Yard and El Modena Library Branch Buildings. (A2100.0 Agr -5733) ACTION: Approved Contract Change Order No. 1 in the amount of $25,000 to K & J Air Conditioning, Inc. PURCHASES 3.10 Purchase of Firefighter Uniforms and Accessories from Gall's Uniform Center, in the amount of $50,000. (C2500.H) NOTE: Councilmember Dumitru registered a NO vote on this item. ACTION: Authorized purchase of Fire Department safety clothing. Page 3 CITY COUNCIL MINUTES July 26, 2011 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.11 RESOLUTION NO. 10573 (C2500.K) A Resolution of the City Council of the City of Orange Expressing Appreciation to Sergeant Matthew Miller of the Police Department for More Than 29 Years of Loyal and Dedicated Service to the City of Orange. ACTION: Approved. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Item 3.5 was removed and heard separately. Item 3.7 was continued to no date certain. Councilmember Dumitru registered a NO vote on Item 3.10. All other items were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Dumitru — Renaming of the Taft Branch Library. (Continued from July 12, 2011.) Councilmember Dumitru spoke on his suggestion to rename the Taft Branch Library to honor the tireless efforts of former Mayor Joanne Coontz, noting that this Library was one of the first things that got Mayor Coontz into politics. MOTION - Dumitru SECOND - Bilodeau AYES - Dumitru, Bilodeau NOES - Whitaker, Smith, Cavecche Motion to rename the Taft Branch Library to the Joanne Coontz Branch Library. (MOTION FAILED) Page 4 CITY COUNCIL MINUTES July 26, 2011 5. REPORTS FROM COUNCILMEMBERS (Continued) Discussion Mayor pro tem Smith suggested possible ways to honor Joanne Coontz while still leaving the Taft legacy intact, including a plaque in her honor at the Main Library Reading Room and renaming a volunteer award in Joanne Coontz' name to honor her volunteer efforts. Mayor Cavecche stated that while she respects Joanne Coontz' work and would like to see her honored, she was concerned about setting a precedent of removing an historical name and replacing with another name; and suggested there needs to be a consistent policy for naming of city facilities. Council discussed ways to honor the tireless work of former Mayor Joanne Coontz, but will wait until a naming policy is in place to make a final determination. Mayor pro tem Smith and Councilmember Dumitru were directed to meet to craft a City facility naming policy for future Council consideration. 5.2 Councilmember Whitaker — Discussion on City Council Compensation Policy. Discussion — Councilmember Whitaker stated that an ordinance should be brought before Council to eliminate health benefits and retirement benefits for the City's elected officials. He stated that employees are being asked to cut back, and that the Council should only be receiving a stipend. Later, he agreed to eliminate the stipend if that is the direction the Council wanted to go. Mayor pro tem Smith stated that her experience with being an elected official is that at times it is a full -time job. She added that people who cannot afford health insurance may not be able to run for office, adding that elected office should never be only for the wealthy or privileged. Councilmember Dumitru stated his agreement with Councilmember Whitaker, and suggested the issue be placed on the ballot for the voters to decide so that it could not be changed by future councils. City Attorney David DeBerry provided an explanation to Council on the provisions of lowering and raising stipends, and how that is accomplished. Mayor Cavecche stated agreement as well with eliminating benefits, and adjusting the stipend. She also noted that the City's gift ban is very strict, and that the current Council does not submit for reimbursement of expenses. Councilmember Bilodeau agreed with eliminating all benefits and the stipend. He requested information on the costs of placing the measure on the ballot. Council discussed the process of putting the issue on the ballot and the timing, as well as voluntarily elimination of benefits until the issue can be placed on the ballot. Page 5 CITY COUNCIL MINUTES July 26, 2011 5. REPORTS FROM COUNCILMEMBERS (Continued) MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to direct staff to bring back report on options to include costs of stipends, health benefits, PERS, and an initiative on the ballot. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Master Funding Agreement No. C -1 -2777 with Orange County Transportation Authority for M2 Comprehensive Transportation Funding Programs. (A2100.0 Agr- 5790) MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Approve the Agreement and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Appropriate $900,000 from Fund 550 to Project 550.5011.56330.13034, Meats Avenue and SR -55 Interchange Study. 7.2 Agreement with Orange International Street Fair, Inc. (OISF) for Production of the Street Fair. (A2100.0 Agr- 1071.11) Discussion — Deputy City Manager Irma Hernandez provided the staff report. She informed the Council of the changes incorporated in this three -year agreement, ending December 31, 2013. Council discussed the three new requests from OISF, denying the increased hours for the children's street; denying the not -to- exceed amount on the agreement, but approving the bleachers on a one -year trial basis, with the stipulation that if at any time the crowd in the bleachers is out of control, the bleachers are to be dismantled as soon as possible. In addition, discussion continued on the need to consider full cost recovery for future fairs, but to include the Medicare and Workers' Compensation costs associated with overtime pay. Page 6 CITY COUNCIL MINUTES July 26, 2011 7. ADMINISTRATIVE REPORTS (Continued) In response to a question from Councilmember Whitaker, Finance Director Rich Jacobs stated that the City is reimbursed by OISF when overtime occurs. He added that currently the reimbursement includes Medicare, but not Workers' Compensation, and that these are the only true costs to the City. Discussion ensued regarding the monitoring of the bleachers, downtown merchants remaining open during the fair, alcohol policies, OISF maintaining insurance, and a letter for downtown merchants on impacts of the fair. Mike Winger and Adam Feliz, OISF representatives, spoke on reasons for the new requests, and answered Council questions. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Add to agreement pre- and post -event follow -up meetings with OISF; change in language to Item 9.2 to specify Fire Response Team personnel services and hours of operation; a one -year trial period for bleachers, with City to set number of monitors on bleachers during the entire fair, and with city to have discretion on safety concerns and the ability to remove bleachers the first year if necessary; and 2) Directed the agreement incorporating these changes be brought back to Council for approval at the August 9 th Meeting. 7.3 Procedure for allocation of Public Parking Lots by Outside Groups during the Street Fair. (OR1800.0.60) Discussion — Deputy City Manager Irma Hernandez provided the staff report. Speakers — Tom Searles, Orange Public Library Foundation Marilyn Moore, Orange Community Master Chorale /Chamber Chorale Janet Wojtanowicz /Leslie Clay, Orange High School Choir Council discussed the policy and guidelines determining that the Public Library Foundation and the Senior Center provide direct benefit to City services and thus the Library Foundation be given the Library parking lot and the Senior Center be given City Hall Lot A to operate each year, as well as the Community Master Chorale which performs at Third of July and Tree Lighting Ceremony in December, be given City Hall Lot B. If any remaining parking lots, first priority in a lottery be given to non - profits that do not have a booth in the Fair, and second priority in lottery be given to non - profits who have a booth; that carts are not considered booths; and to post additional signage for handicapped parking. Page 7 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS (Continued) The parking lots were assigned, as follows: Lot I (City Hall) — Senior Center Lot 1B (City Hall) —Master Chorale Lot 2A (Lemon Street) — Lottery Lot 2B (Lemon Street) — Lottery Lot 3 (Main Library) — Library Foundation Lot 4 (Almond/Center) — Lottery Lot 5 (Grand/Almond) — Lottery MOTION - Whitaker SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau July 26, 2011 Moved to: 1) Approve policy and guidelines for community organizations use of City public parking lots during the Street Fair as noted; and 2) Authorize City Manager to enter into Property Use Agreements with selected organizations for the proposed use of operating pay parking lots during the Street Fair. 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 14 -11 (FIRST READING) (A2500.0 Ord -14 -11 Automated Red Light Cameras) 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. Discussion — Councilmember Bilodeau provided Council with information on other cities' experiences with the automated system. He stated that these systems increase rear -end collisions. He further requested cost information on placing this issue on the ballot, if the Council determines to go that direction. MOTION - Bilodeau SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14 -11 be read by title only and same was set for second reading by the preceding vote. Page 8 CITY COUNCIL MINUTES July 26, 2011 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 8:00 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 9:10 p.m. There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for Tuesday, August 9, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 26, 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. URP CITY CLERK Page 9