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Council Minutes 03/22/11APPROVED BY THE CITY COUNCIL ON APRIL 12, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA March 22, 2011 The City Council of the City of Orange, California convened on March 22, 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 Larry DiSimone, Calvary Chapel of the Canyons 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Employee Service. 2. PUBLIC COMMENTS — Jennifer Gonzalez, Southern California Gas Company, introduced herself as the new Public Affairs representative serving the City of Orange. Miles Bruner spoke to Council on the Muzeo Green Arts Program Contest for children in connection with Earth Day, April 22 °d Dan Slater spoke of the unfortunate removal of two Ficus trees due to damage during construction on Center Street, and asked that the City more diligently oversee contractors so that this won't happen again. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR March 22, 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 March 3 and March 10, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of March 8, 2011, and Study Session of March 8, 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 February 28, 2011. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Sixth Amendment to Agreement No. 4904 with Rengel + Co. Architects for Architectural Support at Grijalva Park Gymnasium Sports Center. (A2100.0 Agr- 4904.6) ACTION: Approved the Sixth Amendment to Agreement No. 4904; and Authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES March 22, 2011 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.6 Agreement between Metropolitan Water District of Orange County (MWDOC) and its Member Agencies on Budget, Activities, Charges, and Other Issues. (A2100.0 Agr -5730) Discussion — Councilmember Bilodeau questioned the costs associated with the agreement, representation regarding water issues, and aspects of the educational programs. Speakers — Karl Seckel, Municipal Water District of Orange County. Larry Dick, Municipal Water District of Orange County Board Director. Councilmember Bilodeau suggested a continuance due to his concerns and wanted to get additional information from other agencies who have opted out of participation. MOTION - Bilodeau SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to the April 12th Council meeting for further information to be provided to Council on costs; along with how the desalination program benefits Orange. 3.7 Agreement between the City of Orange Police Department and the Internal Revenue Service, Criminal Investigation for task force overtime not to exceed $60,000. (A2100.0 Agr -5731) ACTION: Authorized the City Manager or his designee to execute the agreement between the City of Orange Police Department and the Internal Revenue Service, Criminal Investigation, and appropriated $60,000 to Account 100.4033.50221.20092 (Narcotics- Safety Overtime -IRS Task Force) for overtime reimbursement. (REMOVED AND HEARD SEPARATELY) 3.8 Second Amendment to Professional Services Agreement with Black & Veatch Corporation for Water Rate Study. (A2100.0 Agr- 5440.2) Discussion — City Attorney David DeBerry confirmed that Councilmember Bilodeau had no conflict of interest in considering this item. Public Works Director Joe DeFrancesco explained the work to be performed by the contractor would include information on a separate fixed meter charge, along with percentages to be charged now and in the future, information on the perceived inequity with multi - family residences, and a pass through model for charges related to OCWD and MWD /MWDOC costs. Page 3 CITY COUNCIL MINUTES March 22, 2011 3. CONSENT CALENDAR (Continued) Council discussed possible removal of Task No. 3 on the Scope of Work regarding a program for low income residents. Mayor pro tem Smith stated that at the hearing many of the speakers were senior citizens who stated a hardship with paying the increased rates. She stated she was not in favor of removing this task, but would not hold up the entire study. City Attorney David DeBerry stated that low - income program would be a voluntary program, not a subsidy by rate payers. He added that dropping the one task would change the not -to- exceed amount of the contract. Mayor Cavecche asked for a dollar amount of the contract once Task 3 was removed. MOTION - Bilodeau SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Task No. 3 be removed from the agreement, approved the Second Amendment in an amount not -to- exceed $54,590.00 with Black & Veatch Corporation, and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 First Amendment to Professional Services Agreement with KOA Corporation for engineering services to the Santiago Creek Bike Trail Project. (A2100.0 Agr- 5203.A.1) ACTION: Approved the First Amendment to the Professional Services Agreement in an amount not to exceed $7,200.00 to KOA Corporation, of Orange, CA, and authorized the Mayor and City Clerk to execute on behalf of the City. PURCHASES 3.10 Purchase of Medical Supplies from Life - Assist, Inc. through a Cooperative Purchasing Agreement. (C2500.H) ACTION: Authorized the Fire Department to enter into a Cooperative Purchasing Agreement with the City of Downey, in the amount of $55,000, for medical supplies. APROPRIATIONS 3.11 Appropriation of funds received from Santa Ana College for Fire Department training. (C2500.H) ACTION: Appropriated $32,046.75 from 100.3023.48210.20080 to 100.3023.53060.20080. Page 4 CITY COUNCIL MINUTES March 22, 2011 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.12 Accept into the City's Revenue Budget and Appropriate a $30,235 Donation from the Friends of the Library (FOPL) for a Variety of Items. (C2500.I) Discussion - Mayor pro tem Smith acknowledged and thanked the Friends of the Library on their generous donation. MOTION - Smith SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Accept into the City's revenue budget $30,235 into 100.2001.48390.19990 (Friends Donation); and 2) Appropriate donation, as follows: 100.2001.53301.19990 [FOPL — Donations (library books)] $10,500 100.2004.51670.19990 [FOPL — Donations (other professional)] $ 980 100.2016.51670.19990 [FOPL — Donations (other professional)] $ 300 100.2016.53340.19990 [FOPL — Donations (craft supplies)] $ 400 100.2017.53910.19990 [FOPL — Donations (minor office)] $ 1,655 100.2017.55131.19990 [FOPL — Donations (furniture, machinery, equip.)] $10,400 100.2017.53340.19990 [FOPL — Donations (craft supplies)] $ 6,000 (REMOVED AND HEARD SEPARATELY) 3.13 Accept into the City's Revenue Budget and to Appropriate a $7,500 Donation from the Orange Public Library Foundation (OPLF). (C2500.I)_ Discussion - Mayor pro tem Smith acknowledged and thanked the Orange Public Library Foundation on their generous donation. MOTION - Smith SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Accept into the City's revenue budget a $7,500 donation into 100.2001.48390.19322 (Library Foundation); and 2) Appropriate as follows: 100.2001.53301.19322 [Library Foundation (book budget)] $4,000; 100.2016.55131.19322 [Library Foundation (furniture)] $2,500; 100.2001.53340.19322 [Library Foundation (craft supplies)] $1,000. Page 5 CITY COUNCIL MINUTES March 22, 2011 3. CONSENT CALENDAR (Continued) BIDS 3.14 Bid No. 101 -33; Approval of Plans and Specifications, and request Authorization to Advertise for Bids for Construction of Tustin Street and Chapman Avenue Sewer Line Replacement Project. (C2500.M.3) ACTION: Approved plans and specifications and authorized advertising for bids for Tustin Street and Chapman Avenue Sewer Line Replacement Project. 3.15 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. Southern California Edison — 08 -27 -10 b. Marta Figueroa ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.16 Award of Contract for Bid No. 101 -20; Installation of Efficient Heating, Ventilation, and Air Conditioning (HVAC) System at the Corporation Yard and El Modena Library Branch Buildings. Project funded by Energy Efficiency and Conservation Block Grant (EECBG). (A2100.0 Agr -5733) ACTION: Awarded the contract in the amount of $204,410.00 to K & J Air Conditioning, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. REPORTS 3.17 General Plan Annual Progress Report to the State of California. (C2500.G.2.0) ACTION: Received and filed 2010 General Plan Annual Progress Report for submittal to the State by Planning Division staff. Page 6 CITY COUNCIL MINUTES March 22, 2011 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.18 Update on City's Efforts to Remove Graffiti throughout the City. (C2500.N.4) (From February 8, 2011.) Discussion — Public Works Director Joe DeFrancesco gave the staff report and noted a decrease of graffiti. He stated that a future meeting with the City of Pico Rivera on their graffiti program will occur. Council raised new issues of graffiti on sidewalks, signs, and schools. Mayor Cavecche stated continuous interaction between the Police and Public Works Departments is necessary. Mr. DeFrancesco stated that the sidewalks could be power washed, that the street crew could watch for graffiti on signs, and that the schools performed their own clean up. Mayor pro tem Smith requested results of the meeting with the City of Pico Rivera be provided to Council. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ACTION: Received and filed. RESOLUTIONS 3.19 RESOLUTION NO. 10543 (T2200.0) A Resolution of the City Council of the City of Orange approving the submittal of improvement projects for funding by the Orange County Transportation Authority under the competitive Measure M2 Regional Traffic Synchronization Program. ACTION: Approved. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.6, 3.8, 3.12, 3.13, and 3.18 were removed and heard separately. All other items were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** Page 7 CITY COUNCIL MINUTES 4. REPORTS FROM MAYOR CAVECCHE — None 5. REPORTS FROM COUNCILMEMBERS — None March 22, 2011 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Consideration of Appointment of Mr. Raymond Grangoff as Councilmember Dumitru's Representative to the Planning Commission, to fill the unexpired term of Matthew Cunningham, period ending June 30, 2013. MOTION - Dumitru SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve the appointment of Mr. Raymond Grangoff to the City Planning Commission, period ending June 30, 2013. 6.2 Accept Letter of Resignation from Ms. Adrienne Gladson from the Design Review Committee, effective immediately. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to accept the resignation of Ms. Adrienne Gladson from the Design Review Committee, effective March 18, 2011. 6.3 Accept Letter of Resignation from Mr. Larry Dick from the City Traffic Commission, effective March 22, 2011. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau NOES - Dumitru Moved to accept the resignation of Mr. Larry Dick from the City Traffic Commission, effective March 22, 201 L Page 8 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS March 22, 2011 7.1 Request for Budget Appropriation for Salary Increases Required by Memorandum of Understanding between the City of Orange and Orange City Firefighters, Inc. Local 2384 of the International Association of Firefighters, AFL -CIO. (C2500.J.4.3) Discussion — Human Resources Director Steven Pham gave the staff report. Mayor Cavecche asked if the Fire Union had been asked to forego this raise due to the current economic climate. Mr. Pham stated that unofficial talks did not produce any waiver of the increase. He also explained that at the time the current budget was adopted, the amount of this raise was not known, but tied to a survey of salaries. He further stated that the data in the survey reflected the information provided by the agencies. Councilmember Dumitru requested a breakdown of the actual salary ranges for each fire position. He then asked for a continuance of the item to reevaluate and verify the accuracy of the survey data. Councilmember Whitaker commented that the survey should include only cities that are actually comparable to Orange, that cities such as Newport Beach and Anaheim are not comparable for salary surveys. MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to the April 12 Council meeting. 8. REPORTS FROM CITY MANAGER 8.1 Proposed FY 2011 -12 Budget. (C2500.E.4) • Community Services Program Review • Organizational Assessment • Proposed Seven -Year Capital Improvement Program NOTE: Community Services Program Review continued to April 12 meeting. Discussion on organizational assessment — Assistant City Manager Rick Otto reported on the proposed assessment plan and asked Council for direction on the time frame and financial resources available to address the plan. He described its use as a multi -year strategy to close the deficit, that the work will take approximately six to nine months, that the information will Page 9 CITY COUNCIL MINUTES March 22, 2011 8. REPORTS FROM CITY MANAGER (Continued) be utilized on the FY 2012 -13 budget, and will result in the most effective use of staff and the positioning of staff to respond as the economy expands. He clarified for Mayor pro tem Smith that the departments under the category of development related services, referred to those that offer growth and support entitlements— Community Development, Economic Development, and Public Works. Mayor Cavecche stated her support for an assessment and restructuring of the departments, and that if an outside consultant is hired, the focus be on the Police Department, and the Community Development, Public Works and Economic Development departments. Councilmember Whitaker stated his support for the focus on the Community Development, Economic Development, and Public Works departments, and where there can be synergies in overlapping services; and also requesting privatization issues be looked at. Mayor pro tem Smith expressed concern for utilizing outside consultants and asked if the cost had been budgeted. She did see value for an organizational assessment as managing the stress and consideration for the employees. She stated that although she would consider the possibility, she is not in favor of quick privatization of City services. She added that perhaps consideration could be given for using some catastrophic reserves to help with the budget. She asked for a total dollar amount for four major consultant contracts the City is presently engaged in. Councilmember Bilodeau stated his support for hiring a consultant for the assessment. He stated that if the City had not implemented a hiring freeze four years ago, it would be at the point of layoffs. He stated appreciation for the employees stepping up under this pressure; and noted that privatization should be looked at on a case by case basis. Councilmember Dumitru stated agreement with assessing only Police and Development related services, noting a Fire study already in progress; that privatization should be looked at, referencing services that are not part of the City's core services. Council agreed to deleting administrative functions and cultural services from the contract. It was also agreed to review a one -stop counter to include Community Development, Public Works, Fire, and Economic Development services. In response to Mayor pro tem Smith's question as to the expense being considered, Assistant City Manager Rick Otto stated that no proposals have been solicited yet, but based on Council's direction, he anticipated this contract to come in below $100,000. Discussion on CIP – Assistant City Manager Rick Otto reported on the non - Public Works projects and stated to the Council that a full study session with all of the City Commissions could be scheduled in the future. He named the projects: Ambriz Park construction; timed Page 10 CITY COUNCIL MINUTES March 22, 2011 8. REPORTS FROM CITY MANAGER (Continued) entry system for City park restrooms; Metrolink parking structure; Old Towne street lighting; and the Library's children's garden. It was noted that if the children's garden is not funded through a donation, it would not happen. Mayor Cavecche stated the need for more input from staff on these projects. Public Works Director Joe DeFrancesco provided an overview on Public Works projects. He clarified for Council the type of projects to be funded by the Measure M2 dollars. It was reiterated that a full study session with City commissioners will occur at a later date. Councilmember Dumitru requested that it be done at a time convenient to the public and the commissioners. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 07 -11 (SECOND READING) (C2300.E Serrano Woods Apartments) An Ordinance of the City Council of the City of Orange approving the reclassification of property from Single Family Residential (R -1 -8) to Residential Multiple Family (R -3) located at 1820 E. Meats Avenue. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru NOES - Bilodeau Moved that Ordinance No. 07 -11 be read by title only and same was passed and adopted by the preceding vote. 10. HEARINGS 10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN — NORTH SIDE OF SANTIAGO CANYON ROAD BETWEEN SANTIAGO BOULEVARD AND CANNON STREET. (C2500.M.14) Time set for a hearing on Resolution of Necessity to acquire property located at the north side of Santiago Canyon Road between Santiago Blvd. and Cannon Street. Page 11 CITY COUNCIL MINUTES 10. HEARINGS (Continued) March 22, 2011 Discussion — City Attorney David DeBerry provided a staff report stating that this piece of property was needed for the Santiago Creek bike trail, north segment project, and that there is an expenditure deadline of June 30 for the bile project funds. He stated that the property owner requested this action because the owner is under the impression it is needed for tax purposes. Mr. DeBerry stated he hoped to bring an agreement back to Council at the next meeting without the need for eminent domain, and suggested no eminent domain action be filed for a week after adoption of this Resolution. Speakers — The following persons spoke in support of the adoption of the resolution: Shirley Grindle John Moore Mayor pro tem Smith noted this was a reasonable request, and that it is not a taking of a building. RESOLUTION NO. 10542 A Resolution of the City Council of the City of Orange Declaring the Public Interest and Necessity of Acquiring Certain Real Property Interest Located on the North Side of Santiago Canyon Road Between Santiago Boulevard and Cannon Street and Authorizing the Acquisition Thereof. MOTION - Cavecche SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10542; noting this action was requested by the property owner; and directed staff not to file paperwork for one week 10.2 CONDITIONAL USE PERMIT 2790 -10, MAJOR SITE PLAN 0630 -10, DESIGN REVIEW COMMITTEE 4483 -10 AND, A WAIVER AND TWO CONCESSIONS IN ASSOCIATION WITH A DENSITY BONUS HOUSING AGREEMENT — SANTA INES SENIOR VILLAS LOCATED AT 184 NORTH PROSPECT AVENUE. (C3300.0 CUP - 2790 -10) Time set for public hearing to consider demolition of two buildings previously used as a preschool in order to construct 44 apartments, where 43 of the units would be rented to seniors (62 and older) with extremely low, very low, or low- incomes. The 44 unit would be a manager's unit. The site is located at 184 North Prospect Avenue. Discussion — Community Development Director Alice Angus gave the staff report stating that the three concessions requested by the developer were a waiver of individual storage units, landscaping of some of the setback areas, and the parking standards; all waivers allowed for an affordable housing project. Page 12 CITY COUNCIL MINUTES March 22, 2011 10. HEARINGS (Continued) THE MAYOR OPENED THE PUBLIC HEARING. Applicant Scott Choppin, Urban Pacific Multi - Housing, LLC, gave an overview of the project. In response to a question from Councilmember Whitaker, Mr. Choppin stated that the pro forma was developed using comparable data from the Stonegate senior apartments complex, a neighboring development of a similar concept, and that the rents have been based on the market and are low. He further explained that one parking space per unit, plus six, is planned; adding that the project offers no car service, that residents typically carpool, and the planned parking should be more than adequate based on similar projects. He further answered questions stating there is an intercom system to buzz in vehicles; individual storage units were originally planned to be provided in the back of the garage, and was re- designed based on recommendations from Police. Community Development Director Alice Angus explained that a waiver of parking standards is allowed for senior and/or affordable housing projects. Mayor pro tem Smith stated concerns with not providing individual storage space, limited individual open space, only one elevator being planned, lighting in the parking garage and expressed the need to have a painted pathway for safe access for pedestrians in the garage. Senior Planner Chad Ortlieb explained to Council the requirements for private open space, stating there is a requirement for it, but no requirement on size or dimensions. Councilmember Bilodeau noted the traffic and lack of on- street parking on Prospect, and questioned the turning radius at the entrance. Council further discussed with the applicant the trash pick up plan, signage, the areas where a second elevator could be constructed, as well as requested the need for more individual storage. THE MAYOR CLOSED THE PUBLIC HEARING. Mayor pro tem Smith reiterated her concerns with not enough parking spaces, insufficient individual storage, insufficient open space and only one proposed elevator. She stated her concerns that this project could be better designed and more user friendly to the residents. Councilmember Whitaker stated he believed the parking as planned to be adequate for a senior development, and further commented that an additional elevator and storage are necessary. He added that the access is tight and would be a challenge for older drivers to maneuver. Mayor Cavecche noted the parking was the biggest issue but that the entire project design did not meet a quality standard. Page 13 CITY COUNCIL MINUTES March 22, 2011 10. HEARINGS (Continued) RESOLUTION NO. 10541 A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee 4483 -10, and a Waiver and two Concessions in association with a Density Bonus Housing Agreement to allow for the construction of 43 senior affordable housing units and one manager's unit located at 184 North Prospect Avenue. MOTION - Dumitru SECOND -Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to deny Resolution No. 10541 without prejudice allowing for the applicant to bring revised plans back for City Council review. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 8:30 p.m. to a Closed Session for the following purpose: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: City Manager John Sibley Assistant City Manager Rick Otto Human Resources /Employee Relations Director Steven Pham Assistant Human Resources Director Mike Harary Jeffrey Freedman Employee Organizations: All Bargaining Units b. To consider and take possible action upon such other matters as are orally announced by the General Counsel, the Executive Director or the Board of Directors prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. Page 14 CITY COUNCIL MINUTES March 22, 2011 13. ADJOURNMENT — The City Council adjourned at 10:45 p.m. The next Regular Council meeting will be held Tuesday, April 12, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of March 22, 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. c M MURPHY CITY CLERK Page 15