Council Minutes 09/10/13APPROVED BY THE CITY COUNCIL ON SEPTEMBER 24, 2013
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 10, 2013
The City Council of the City of Orange, California convened on September 10, 2013 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 Tom Long, Heritage Christian Fellowship
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa E. Smith
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Announcement of Memorial Adjournment for Maude "Alice" Linnert, a lifelong
Orange resident and community activist.
2. PUBLIC COMMENTS -
Patt Buttress, Southern California Edison Representative — Provided an update on the
infrastructure improvements being constructed on Maple Avenue.
Julia Araiza — Spoke as an owner of apartments on Holly Street, requesting a reduction
of the parking restrictions on Maple and Eckhoff Streets.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
September 10, 2013
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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated August 15, August 22, and August 29, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 27, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Amendment No. 3 to Cooperative Agreement between the Successor Agency to the
Orange Redevelopment Agency, the City of Orange, and the Orange County
Transportation Authority for Parking Capacity Expansion at the Orange Santa
Fe Depot. (A2100.0 Agr- 5437.3)
NOTE: Councilmember Whitaker recorded an abstention on this item due to a possible
conflict with his employment.
(See related Consent Calendar Item No. 3.9.)
ACTION: Approved Amendment No. 3 and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement between the California Insurance Pool Authority (CIPA) and Keenan
and Associates for Third Party Administration of the City of Orange Worker's
Compensation Program. (A2100.0 Agr -6023)
NOTE: Staff requested, and Council approved, continuance to September 24, 2013.
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CITY COUNCIL MINUTES September 10, 2013
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.6 Appropriation Transfer from Expense Reimbursement Account to Other
Professional & Consulting Services — Lucy Yeager & Associates Account.
(A2100.0 Agr -5676)
ACTION: Appropriated $30,000.00 from Account No. 100.6021.48210.20099
(Expense Reimbursement) to Account No. 100.6021.51670.20099 (Other Professional
& Consulting Services — Lucy Yeager & Associates).
3.7 CLAIMS (C3200.0)
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. Karin Celosse
b. Janet Leintz
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
GRANTS
3.8 Grant No. SC14294 from the State of California Office of Traffic Safety (OTS) for
the Sobriety Checkpoint Grant Program for Federal Fiscal Year 2014. (A2100.0
Agr- 5485.B)
ACTION: Approved agreement with the State of California OTS for the grant and
authorized the City Manager to execute the agreement on behalf of the City; and
appropriated $126,340.00 from Account No. 100.4041.45290.30021 into the Traffic
Program as follows:
100.4041.50221.30021.0005 $105,000
100.4041.50222.30021.0005 $ 15,000
100.4041.55131.30021.0000 $ 6,340
Overtime - Safety DUI Checkpoints
Overtime -Non Safety DUI Checkpoints
Equipment
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September 10, 2013
3. CONSENT CALENDAR (Continued)
3B SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.9 Amendment No. 3 to Cooperative Agreement between the Successor Agency to the
Orange Redevelopment Agency, the City of Orange, and the Orange County
Transportation Authority for Parking Capacity Expansion at the Orange Santa
Fe Depot. (A2100.0 Agr- 5437.3)
NOTE: Director Whitaker recorded an abstention on this item due to a possible
conflict with his employment.
(See related Consent Calendar Item No. 3.4.)
ACTION: Approved Amendment No. 3 and authorized the Agency Chairperson and
Agency Clerk to execute on behalf of the Successor Agency.
MOTION - Murphy
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Councilmember /Director Whitaker recused himself on Items 3.4 and 3.9 due to a
possible conflict with his employment. Item 3.5 was continued to September 24, 2013.
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Alvarez — Discussion regarding term limits for the City Treasurer
position.
Councilmember Alvarez stated he was interested in whether the Council would consider
placing term limits on the elected City Treasurer position. If so, he was looking for staff to
provide the Council with options.
Councilmember Bilodeau stated his understanding that the State Attorney General had opined
that General Law cities must have an advisory citizen vote prior to imposing term limits. He
also asked if other cities have had challenges to imposing term limits on their City Treasurers.
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CITY COUNCIL MINUTES September 10, 2013
5. REPORTS FROM COUNCILMEMBERS (Continued)
City Attorney Wayne Winthers stated that the Government Code directed the process for
imposing term limits on Council and Mayor, but is silent on the City Clerk and Treasurer
positions. He added that there is a process involving the voters to make these two positions
appointed instead of elected. He further stated that there have been no challenges in other
cities on this issue that he is aware of.
Councilmember Whitaker stated his thought that term limits is healthy for a republic, and that
he is in favor of the idea. He further offered that the term limit provisions for Treasurer could
be the same as Councilmembers, and that if a vote was needed, it should occur in conjunction
with a General Election in November to eliminate extra costs.
Mayor pro tem Murphy clarified with staff that if approved, the term limit provision would
become effective after the election for the next full term.
Mayor Smith stated the need for history on the position to include how the previous treasurers
left office, whether it was resignation, retirement, or an election loss. She further requested a
list of the duties, and the benefits to a continuum of knowledge of City business, and the
effects on the community with regard to turnover. She also asked for information on salary
and benefits for the position.
City Manager John Sibley indicated staff would provide information on the effects of multiple
years of service, and further address the historical questions being asked. He also stated that
the department's professional staff maintains the knowledge of the operations through the
years.
In response to questions by Councilmember Bilodeau, City Attorney Wayne Winthers stated
he would be doing further research, and if necessary would contact the State Attorney
General's office for clarification.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
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9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 09 -13
Streamlining)
September 10, 2013
(SECOND READING) (A2500.0 Ord -09 -13
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code to Streamline the Design Review Process for Certain Development
Applications and Establish Sign Regulations for Mixed Use Zoning Districts.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 09 -13 be read by title only and same was approved and adopted by
the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 Zone Change No. 1268 -12 Katella Corridor Between Batavia Street and the
Western City Limit. (Continued from May 28, 2013.) (Z1500.0 ZCG- 1268 -12)
Time set for a continued public hearing to consider approval of Zone Change 1268 -12 to
rezone properties in the Katella Corridor 2010 General Plan Land Use Focus Area to Urban
Mixed Use (UMU).
NOTE: Councilmember Whitaker and Mayor pro tem Murphy recused themselves due to
possible conflicts with employment.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Smith, Bilodeau
ABSTAIN - Whitaker, Murphy
Moved to approve staff's request for continuance to October 22, 2013.
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CITY COUNCIL MINUTES September 10, 2013
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:08 p.m. to a Closed Session for the following purpose:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City
Manager, and Mike Harary, Assistant Human Resources Director.
Employee Organizations: All Bargaining Units except Orange City Firefighters.
b. Conference with Real Property Negotiator - Real property negotiations pursuant to
Government Code Section 54956.8:
Property: 281 North Camphor Place.
Successor Agency's Negotiator: Lisa Kim, Economic Development Manager,
and Aaron Schulze, Project Coordinator.
Negotiating Parties: Successor Housing Agency to the Orange Redevelopment
Agency and Trish Quetram Pham and Valerie Pham.
Under Negotiation: Price and terms of payment.
13. ADJOURNMENT
The City Council adjourned at 6:00 p.m. in Memory of Maude "Alice" Linnert, a lifelong
Orange resident and community activist. There was no 7:00 p.m. session.
The next Regular City Council Meeting will be held on Tuesday, September 24, 2013, at 4:30
p.m. in the Council Chambers.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of September 10, 2013 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 r e gular meeting; and available at the Civic Center City Clerk's Office.
Y 1VIURP Y
CITY CLERK
tx2ti� -
TERESA E. SMITH
MAYOR
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