Council Minutes 07/09/13APPROVED BY THE CITY COUNCIL ON JULY 23, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 9, 2013
The City Council of the City of Orange, California convened on July 9, 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 Stan Van Den Berg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis R. Bilodeau
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith invited the community to attend the Concerts in the Park series at Hart
Park. The free shows begin July 10 through August 28
Announcement of Memorial Adjournment for Gladys Reeves, a longtime Orange
Senior Center staff member.
2. PUBLIC COMMENTS - None
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3. CONSENT CALENDAR
July 9, 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 June 20 and June 27, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 25, 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. 4 to Master Funding Agreement No. C -1 -2777 between the City
of Orange and Orange County Transportation Authority related to
Comprehensive Transportation Funding Program and Local Fair Share Program
Net Revenues. (A2100.0 Agr- 5790.4)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.5 Agreement with the County of Orange for the District Attorney's Office to
Prosecute Violations of the Orange Municipal Code Involving Juvenile Offenders.
(A2100.0 Agr- 5280.A)
NOTE: Councilmember Bilodeau abstained on this item due to a potential conflict
with his employment.
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City
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CITY COUNCIL MINUTES July 9, 2013
3. CONSENT CALENDAR (Continued)
3.6 Attorney Services Agreement with the law firm Liebert Cassidy and Whitmore to
Provide Labor Negotiations, in an amount not to exceed $75,000.00. (A2100.0
Agr- 5728.B)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.7 Agreement with the Boys and Girls Club of Tustin for the Administration of After
School Community Programs for School Age Youth in Orange. (A2100.0 Agr -6009)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
(REMOVED AND HEARD SEPERATELY)
3.8 Agreement with Discovery Science Center for the Development, Maintenance and
Presentation of Environmental Curriculum, in an amount not -to- exceed
$17,500.00. (A2100.0 Agr -6010)
Discussion - Mayor Smith introduced Shawn Fitzgerald from the Discovery Science
Center who explained the eco- challenge exhibit for sixth grade students.
Mayor Smith clarified with staff that CRV recycling funds were being used for this
award winning program; and was an appropriate use of these funds.
MOTION - Smith
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to 1) Direct staff to modify the agreement to include language that will allow
the City to make a series of start-up payments to the Discovery Science Center, in the
amount of $6,062.00; and 2) Approve the agreement and authorize the Mayor and City
Clerk to execute on behalf of the City.
3.9 Agreement for Reimbursement of Administrative and Other Expenses between
the City of Orange and the Successor Agency to the Orange Redevelopment
Agency providing for repayment to the City of advances made to the Successor
Agency for certain administrative costs and other expenses. (A2100.0 Agr -6011)
(See related Consent Calendar Item No. 3.15.)
ACTION: Approved the agreement authorized the Mayor and City Clerk to execute on
behalf of the City.
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3. CONSENT CALENDAR (Continued)
3.10 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. Evelyn Murphy
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract: Bid No. 123 -31; Batavia Street and Water Street Storm Drain
Improvements Project. (A2100.0 Agr -6012)
ACTION: Awarded the contract in the amount of $213,539.00 to Bali Construction,
Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
FACILITIES
3.12 Request to Close the Orange Public Library & History Center on the Following
Dates for FY 2013 -14: Friday, August 30 at 2:30 p.m. and Saturday, August 31
all day for the Orange International Street Fair. Close all Orange Public Library
Facilities on Wednesday, November 27 at 6:00 p.m. for Thanksgiving; and
Monday, January 20, 2014 all day for Library Staff Development Day. (C2500.I)
ACTION: Approved.
PURCHASES
3.13 Purchase of Print Materials for Orange Public Library Facilities from Baker &
Taylor, Inc., in the amount of $75,000.00. (C2500.I)
ACTION: Approved.
REPORTS
3.14 General Plan Annual Progress Report for Submittal to the State of California.
(C2300.E)
ACTION: Received and filed.
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3. CONSENT CALENDAR (Continued)
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.15 Agreement for Reimbursement of Administrative and Other Expenses between
the City of Orange and the Successor Agency to the Orange Redevelopment
Agency providing for repayment to the City of advances made to the Successor
Agency for certain administrative costs and other expenses. (A2100.0 Agr -6011)
(See related Consent Calendar Item No. 3.9.)
ACTION: Approved the agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Successor Agency.
3.16 Final Acceptance of Bid No. 123 -17; Re- Roofing of Ruby's Diner at Orange Depot
performed by Danny Letner, Inc.; and authorization to file the Notice of
Completion with the County Recorder. (No staff report required
(A2100.0 Agr -5956)
ACTION: Accepted public work improvements, authorized release of Arch Insurance
Company, Bond No. SU 1118557 in the amount of $77,290.00 to the contractor on said
job, and authorized the Chairperson and Successor Agency Clerk to execute the Notice
of Completion.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Councilmember Bilodeau abstained on Item 3.5 due to a potential conflict with his
employment. Item 3.8 was removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS -
Councilmember Bilodeau announced the Orange County Fair Express Bus makes a stop at the
Village at Orange.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER
City Manager John Sibley expressed his appreciation to staff for their excellent work in
creating educational programs using CRV funds.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 06-13 (SECOND READING)
(A2500.0 Ord -06 -13 Transitional and Supportive Housing)
An Ordinance of the City Council of the City of Orange Amending Title 17 (Zoning) of the
Orange Municipal Code to Allow for Transitional Housing and Supportive Housing in Single
Family Residential, Duplex Residential, Multi - Family Residential, Old Towne Mixed Use, and
Public Institution Zoning Districts either as a Permitted or Conditionally Permitted Use
Pursuant to State Law; to Assign Parking Standards for Transitional Housing and Supportive
Housing; and to Recognize Existing Transitional Housing and Supportive Housing Located in
the Old Towne Mixed Use Zones as a "Permitted Use" Allowing Such Uses to Renovate,
Reconstruct, or Expand, Subject to Compliance with Development Standards.
Applicant: City of Orange
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 06 -13 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 07-13 (SECOND READING) (Z1500.0 ZCG- 1264 -12)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1264 -12
to Place a Single - Family Residential (R -1 -7) Zone on Previous Railroad Right -of -Way with an
APN of 094 - 593 -28.
Applicant: Carlos San Roman
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 07 -13 be read by title only and same was approved and adopted by
the preceding vote.
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July 9, 2013
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 COLLECTION OF SANITATION CHARGES ON COUNTY PROPERTY TAX
ROLLS FROM "SANITATION ONLY CUSTOMERS ". (C2500.J)
Time set for a public hearing to consider adoption of a resolution determining to collect
sanitation charges on the county property tax rolls for 682 residential accounts that are
provided water service by other water agencies.
Discussion - Deputy City Manager Irma Hernandez gave the staff report.
Councilmember Bilodeau confirmed with staff that this action is not a new tax or fee, it only
shifts a sanitation charge for the sanitation only accounts from a direct City billing to the
property tax bill as a separate line item.
Mayor Smith clarified with staff that a City of Orange telephone number will appear on the
property tax bill and the Utility Billing Department will respond to any customer issues.
MAYOR SMITH OPENED THE PUBLIC HEARING
Robert Crane, asked for clarification on a new charge increasing property tax bills.
Finance Director Rich Jacobs explained that this sanitation charge will be a separate line item
on the bill and does not increase the property tax, which is capped at 2 %.
MAYOR SMITH CLOSED THE PUBLIC HEARING
RESOLUTION NO. 10725
A Resolution of the City Council of the City of Orange Determining to Collect Sanitation
Charges on the Property Tax Rolls.
MOTION - Alvarez
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10725.
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11. PUBLIC HEARINGS (Continued)
July 9, 2013
11.2 GENERAL PLAN AMENDMENT 2013 -0001 — AMENDMENT TO THE
GENERAL PLAN CIRCULATION AND MOBILITY ELEMENT; CRITICAL
INTERSECTION INCONSISTENCIES. (C2300.E GPA- 2013 -0001)
Time set for a public hearing to consider amending the Master Plan of Streets and Highways
by addressing the inconsistencies in the "critical intersections" by removing the "critical
intersection" designation from nine (9) intersections and adding the "critical intersection"
designation to four (4) intersections. In addition, the subject General Plan Amendment makes
minor clarifications to the text description of the Critical Intersection Program and re- labels
streets located in the City of Villa Park as "Roadways Outside of Planning Area ".
NOTE: Staff requested continuance to August 13, 2013, at 4:30 p.m.
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to continue this item to the August 13, 2013 City Council meeting at 4:30p.m.
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:00 p.m. to a Closed Session for the following purposes:
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City
Manager, Steven Pham, Human Resources /Employee Relations Director, and Mike
Harary, Assistant Human Resources Director.
Employee Organizations: All Bargaining Units except Orange City Firefighters.
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.
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13. ADJOURNMENT — There was no 7:00 p.m. Session.
The City Council adjourned at 6:30 p.m.in Memory of Gladys Reeves, a longtime Orange
Senior Center staff member.
The next Regular City Council Meeting will be held on Tuesday, July 23, 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 July 9, 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 regular meeting; and available at the Civic Cent City Clerk's Office.
M RP
CITY CLERK
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TERESA E. SMITH
MAYOR
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