Council Minutes 05/28/13APPROVED BY THE CITY COUNCIL ON JUNE 11, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 28, 2013
The City Council of the City of Orange, California convened on May 28, 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 Bob Burris, Taft Avenue Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred M. Whitaker
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Announcement of Memorial Adjournment in Memory of Anita Bennyhoff,
Publisher /Editor of the Foothill Sentry Newspaper
Special Announcement and Invitation from the Friendly Center
Recognition of Employee Service
Proclamation Recognizing Management Week in America presented to the National
Management Association — Orange Chapter
Presentation by Community Foundation to Participants in the Foundation Games
Recognition of Sponsors for the Orange 125 Birthday Celebration
Proclamation Recognizing Lupus Awareness Month
Presentation by SCE on Summer Readiness 2013
Presentation by Orange Park Arena Equestrian Trails Corp. on the Brandman Arena
2. PUBLIC COMMENTS
Ryan Ahari spoke on labor agreements for a Rancho Santiago Community College
District project.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
May 28, 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.
3.1 Confirmation of warrant registers dated May 2, May 9, and May 16, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of May 14, 2013 and Adjourned Regular
Meeting of May 14, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Amendment to Agreement with the Cities of Anaheim and Garden Grove for
Lease and Operation of a Joint Training Facility. (A2100.0 Agr- 0160.1.E.1)
NOTE: Councilmember Whitaker recused himself due to a potential employment
conflict.
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement with Turboscape, Inc. to Provide and Install Certified Playground
Wood Chips in City Park Tot Lots, in an amount not -to- exceed $90,000.00.
(A2100.0 Agr -5998)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6 First Amendment to Agreement with Commercial Aquatic Services, Inc. for
Installation of Variable Frequency Drive Pumps at the Hart Park Pool, in the
amount of $15,438.52. (A2100.0 Agr- 5576.A.1)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES May 28, 2013
3. CONSENT CALENDAR (Continued)
3.7 Employment Agreement with City Manager. (A2100.0 Agr- 4707.G)
RECOMMENDED ACTION: Approve the agreement and authorize the Mayor and
City Clerk to execute on behalf of the City.
3.8 Amendment to License Agreement with the County of Orange for use of the Police
Facility at 8525 East Fort Road. (A2100.0 Agr - 5807.1)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.9 Amendment to Joint Powers Agreement with Metro Cities Fire Authority.
(A2100.0 Agr - 0160.5.3)
NOTE: Councilmember Whitaker recused himself due to a potential employment
conflict.
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.10 Appropriation of Revenue for the 125 Birthday Celebration. (C2500.N)
ACTION: Accepted sponsorship and authorized appropriation of $10,000.00 from
Account No. 100.7015.48390.40057 (125 Birthday Celebration) to Account No.
100.7015.53380.00000 (Other Recreation Supplies).
BIDS
3.11 Bid No 123 -31; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Batavia Street and Water Street Storm
Drain Improvements Project. (C2500.M.17)
ACTION: Approved plans and specifications and authorized advertising for bids for
Batavia street and Water Street Storm Drain Improvements Project.
3.12 Bid No. 123 -38; Water Division Warehouse Partial Demolition; Approval of plans
and specifications and authorization to advertise for bids. (C2500.M)
ACTION: Approved plans and specifications and authorize advertising for bids for the
Water Division Warehouse Partial Demolition Project.
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3. CONSENT CALENDAR (Continued)
3.13 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. Larry Pfaffly
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
REPORTS
3.14 Time Extension for the Santa Ines Senior Affordable Housing Project Conditional
Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee 4483 -10
and Two Concessions in Association with a Density Bonus Housing Agreement,
project located at 184 North Prospect Avenue. (C3300.0 CUP - 2790 -10)
ACTION: Approved a one -year time extension.
RESOLUTIONS
3.15 RESOLUTION NO. 10708 (S4000.0)
A Resolution of the City Council of the City of Orange Consenting to the County of
Orange Declaring Those Portions of Lincoln Avenue, located in the City Limits, from
Approximately Pier No. 3 on the South Side of the Lincoln Avenue Bridge over the
Santa Ana River East to Batavia Street, to be a County Highway for the purposes of
Design, Right -of -Way Acquisition, and Construction by the County of Orange.
ACTION: Approved.
3.16 RESOLUTION NO. 10713 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line
Adjustment No. LL 2013 -01 Merging Two Lots of Certain Real Properties Situated at
1314 North Cannon Street, in the City of Orange, County of Orange, State of
California.
ACTION: Approved.
3.17 RESOLUTION NO. 10714 (L1200.0 LMD -86 -2 Santiago Hills)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 86 -2 (Santiago Hills) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2013 -2014;
and to set a time and place for a Public Hearing to receive public testimony on the
foregoing matters; and to give approval to the preliminary Engineer's Report for
Landscape Maintenance Assessment District 86 -2 (Santiago Hills).
ACTION: Approved.
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CITY COUNCIL MINUTES May 28, 2013
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 10715 (L1200.0 LMD -94 -1 Sycamore Crossing)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2013 -2014;
and to set a time and place for a Public Hearing to receive public testimony on the
foregoing matters; and to give approval to the preliminary Engineer's Report for
Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing).
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Councilmember Whitaker recused himself on Items 3.4 and 3.9 due to a possible
conflict with his employment. All items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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7. ADMINISTRATIVE REPORTS
May 28, 2013
7.1 Refinancing Agreement between the City of Orange acting in its Municipal
Capacity and in its Capacity as the Housing Successor, and Serrano Woods, LP.
(A2100.0 Agr -5999)
Discussion — Assistant City Manager Rick Otto provided a staff report. He responded to
questions by the Council on the details of the refinance of the loan.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to: 1) Approve the Refinancing Agreement between the City of Orange and Serrano
Woods, LP; 2) Authorize the Mayor and the City Clerk to execute on behalf of the City; and,
3) Authorize the appropriation of $4,300,000.00 from unappropriated reserves in the Housing
In -Lieu Fund (Fund 916) to Account No. 916.9810.56571.20211 (Serrano Woods
Refinancing).
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 05-13 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Streamline City Review of Certain Development Applications and Types of
Uses Related to Home Occupations, Recurring Temporary Uses, Zoning Administrator
Variances, Legal Non - Conforming Garage Dimensions, and Wireless Communication
Facilities.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 05 -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
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11. PUBLIC HEARINGS
May 28, 2013
11.1 Zone Change No. 1268 -12 Katella Corridor Between Batavia Street and the
Western City Limit. (Continued from March 26, 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 recused himself due to a potential conflict with his
employment.
NOTE: Mayor pro tem Murphy recused himself due to a potential conflict with a relative's
employment.
Discussion — City Manager John Sibley stated that staff has requested a continuance due to
ongoing discussion of issues and ideas.
1) Find that the proposed zoning changes are within the scope of the previously- approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that
the Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required; and
2) ORDINANCE NO. 02 -13 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1268 -12
Rezoning Properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Batavia Street and the Western City Limit to Urban Mixed Use (UMU) to Establish
Consistency Between the Urban Mixed Use General Plan Land Use Designation and Zoning
Classification in Accordance with State Law.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Smith, Bilodeau
ABSENT (RECUSED) - Whitaker, Murphy
Moved to continue for 90 days.
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CITY COUNCIL MINUTES May 28, 2013
11. PUBLIC HEARINGS (Continued)
11.2 SOLID WASTE RATE ADJUSTMENT. (C2500.M.1)
Time set for a public hearing to consider a request from the City's Solid Waste Collector,
CR &R for a Rate Adjustment, Effective July 1, 2013.
Discussion — Administrative Manager Greg Warren provided a staff report.
Council clarified with Mr. Warren the typical rate increases at .10 cents per month for
residential, and .34 cents per month for commercial. He added that the new rates were within
the lowest one third of the County, and within the parameters of the rate model.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10717
A Resolution of the City Council of the City of Orange Approving Revised Rates for Solid
Waste Collection and Disposal Services.
MOTION - Whitaker
SECOND - Bilodeau
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10717.
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:05 p.m. to a Closed Session for the following purposes:
a. 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. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a): Vasquez v. Rackauckas, et. al. USDC Case No. SACV09 -1090 VBF (RNBx)
c. Conference with Legal Counsel — Potential Litigation — Significant exposure to litigation
pursuant to Government Code Section 54956.9(b).
1) One potential case.
d. 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 6:45 p.m. in Memory of Anita Bennyhoff, Publisher /Editor of
the Foothill Sentry Newspaper.
The next Regular City Council Meeting will be held on Tuesday, June 11, 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 May 28, 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 sai regular meeting; and available at the Civic Center City Clerk's Office.
�x
M - URPHY
CITY CLERK
dc.
ERESA E. SMITH
MAYOR
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