Council Minutes 12/11/12APPROVED BY THE CITY COUNCIL ON JANUARY 8, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
December 11, 2012
The City Council of the City of Orange, California convened on December 11, 2012 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 Rob Curington, Orange Villa Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Teresa E. Smith
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Bilodeau, Murphy
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Retirement Resolution to Captain Charles A. Tuggle
The City Council will adjourn in memory of Haroldine (Honey) Hillebrecht a longtime
Orange Community Historical Society member.
2. PUBLIC COMMENTS — Don Bradley, spoke on the appeal in the courts regarding
Measure FF, requesting that the new Council withdraw the appeal.
Janice Swift, owner of Swift & Swift CPA, spoke on the signs blocking the access to
her business in the Plaza. Mayor Smith directed the City Manager to follow up.
David Flanagan, spoke on landscaping improvements on Water Street. Mayor Smith
directed the City Manager to follow up.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
December 11, 2012
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 November 15, 21, and 29, 2012.
NOTE: Councilmember Murphy abstained due to his not being on the Council in
November, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of November 27, 2012. (C2500.D.4)
NOTE: Councilmember Murphy abstained due to his not being on the Council in
November, 2012.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with The Roman Catholic Bishop of Orange for Purchase of an
Additional Permanent Easement and a Temporary Construction Easement at
2811 E. Villa Real Drive to facilitate construction of the new Marywood Pump
Station, in the amount of $65,000.00. (A2100.0 Agr -5937)
NOTE: Mayor Smith and Councilmember Whitaker recused themselves due to a
potential conflict with their employment.
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.5 Agreements with Fieldman, Rolapp & Associates; Quint & Thimmig LLP; US
Bank; Richards, Watson & Gershon; Willdan Financial; and Stone & Youngberg
for Legal and Consultant Services regarding Community Facilities District No. 91-
2 (Serrano Heights) Bond Refinancing. (A2100.0 Agr -5938; 5939; 5940; 5941;
5942;5943)
ACTION: Approved the agreements and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES December 11, 2012
3. CONSENT CALENDAR (Continued)
3.6 Appropriation of Community Facility District Funds and Approval of Agreement
with Econo Fence, Inc. (A2100.0 Agr -5944)
ACTION: Appropriated $260,050.00 from unreserved Fund 294 (Del Rio Community
Facilities District) to Account No. 294.7024.51700 (Contractual Services); and
approved agreement with Econo Fence, Inc. and authorized the Mayor and City Clerk
to execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.7 Appropriation of Funds and Approve First Amendment to Agreement with the
Law Firm of Liebert Cassidy and Whitmore to provide Labor Negotiations, in an
amount not -to- exceed $60,000.00. (A2100.0 Agr- 5728.A.1)
Discussion — Councilmember Murphy stated that the two new members on the Council
have not been briefed on this issue. He requested that the amount be lowered to cover
the outstanding balance with the firm, until briefings can occur.
City Attorney Wayne Winthers stated that the outstanding balance is approximately
$20,000.
Councilmember Alvarez requested the history of this agreement be provided to him,
and stated that this issue should be discussed with the new Council.
The Council concurred on a reduced amount from $60,000 to $20,000 for this
agreement to cover expenses through the end of 2012.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Bilodeau, Murphy
Moved to 1) Appropriate $20,000 from unencumbered General Fund balance to
Account No. 100.0301.51611; and 2) approved the agreement and authorize the Mayor
and City Clerk to execute on behalf of the City.
3.8 Mills Act Contract No. MAC - 213.0 -12 (Historic Property Preservation
Agreements) 118 West Lincoln Avenue. (A2100.0 Agr -5945)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 213.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES December 11, 2012
3. CONSENT CALENDAR (Continued)
3.9 Mills Act Contract No. MAC - 214.0 -12 (Historic Property Preservation
Agreements) 191 North Center Street. (A2100.0 Agr -5946)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 214.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.10 Mills Act Contract No. MAC - 215.0 -12 (Historic Property Preservation
Agreements) 438 South Grand Street. (A2100.0 Agr -5947)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 215.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.11 Mills Act Contract No. MAC - 216.0 -12 (Historic Property Preservation
Agreements) 434 South Cambridge Street. (A2100.0 Agr -5948)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 216.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.12 Mills Act Contract No. MAC - 217.0 -12 (Historic Property Preservation
Agreements) 181 North Center Street. (A2100.0 Agr -5949)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 217.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.13 Mills Act Contract No. MAC - 218.0 -12 (Historic Property Preservation
Agreements) 336 East Maple Avenue. (A2100.0 Agr -5950)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 218.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.14 Mills Act Contract No. MAC - 219.0 -12 (Historic Property Preservation
Agreements) 714 East Maple Avenue. (A2100.0 Agr -5951)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 219.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES December 11, 2012
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract No. MAC - 220.0 -12 (Historic Property Preservation
Agreements) 225 East River Avenue. (A2100.0 Agr -5952)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 220.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.16 Mills Act Contract No. MAC - 221.0 -12 (Historic Property Preservation
Agreements) 183 North Cambridge Street. (A2100.0 Agr -5953)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 221.0 -12),
for the preservation, restoration and /or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.17 Mills Act Contract No. MAC - 222.0 -12 (Historic Property Preservation
Agreements) 223 -225 North Harwood Street. (A2100.0 Agr -5954)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC - 222.0 -12),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
APPROPRIATIONS
3.18 Appropriation of Revenue from Sports Field User Group Maintenance Fees for
High Impact and /or Repetitive use. (C2500.N)
ACTION: Authorized an appropriation of $18,565.00 from the unreserved General
Fund balance to 100.7022.51700 (Contractual Services).
BIDS
3.19 Bid No. 123 -20; Approval of plans and specifications, and request authorization to
advertise for bids for construction of the (Proposition 1B) State -Local Partnership
Program (SLPP): Jamboree Road Rehabilitation Project. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
SLPP Jamboree Road Rehabilitation Project.
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CITY COUNCIL MINUTES December 11, 2012
3. CONSENT CALENDAR (Continued)
3.20 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. Jason C. Mantyla
b. Karlee Getty
c. Heather Marie Berault
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
REPORTS
3.21 The Annual Report and related Comprehensive Annual Financial Report of the
Orange Redevelopment Agency for the period July 1, 2011 through January 31,
2012. (R3500.0)
ACTION: Received and filed.
RESOLUTIONS
3.22 RESOLUTION NO. 10687 (S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating the public
utility easement along "old" Metropolitan Drive which is no longer needed by the City.
ACTION: Approved.
3.23 RESOLUTION NO. 10691 (C2500.J.4.4)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Maintenance and Crafts
Employees' Association (OMCEA), Concerning Wages, Hours, and Other Conditions
of Employment Effective July 1, 2012 Through and Including June 30, 2013, and
Repealing Resolution No. 10644 and Amendments Thereto for Said Employees.
ACTION: Approved and authorized staff to make the necessary budget adjustments
and/or appropriations to the departments' salary and benefit accounts to fund the
increased costs of the contract.
3.24 RESOLUTION NO. 10694 (C2500.J)
A Resolution of the City Council of the City of Orange Concerning the Measure M2
Expenditure Report for the City of Orange.
ACTION: Approved.
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CITY COUNCIL MINUTES December 11, 2012
3. CONSENT CALENDAR (Continued)
SALE OF PROPERTY
3.25 Sale of Real Property Commonly Known as "The Slope" Behind 4000
Metropolitan Drive in the City of Orange. (A2100.0 Agr -5955)
ACTION: 1) Authorized the sale of The Slope, and 2) Authorized the Mayor to
execute and the City Clerk to attest an agreement with WWG Met4K Owners, LLC, for
purchase of property; and execute the Grant Deed and related escrow documents.
STREET CLOSURE
3.26 Request for a Special Events Permit by Children's Hospital of Orange County to
host their Grand Opening Community Celebration on Saturday, February 2,
2013. (S4000.S.4)
NOTE: Mayor pro tem Bilodeau recused himself due to a potential conflict with his
employment.
ACTION: Authorized the closure of La Veta Avenue, from Pepper to Main Streets
from 10:00 p.m., Friday, February 1, 2013, to 10:00 p.m., Saturday, February 2, 2013.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.27 Award of Contract — Bid No. 123 -17; Re- roofing of Ruby's Diner at Orange Depot
to Letner Roofing Company, in the amount of $77,290.00. (A2100.0 Agr -5956)
ACTIONS: Awarded the contract and authorized the Chairperson and Successor
Agency Clerk to execute on behalf of the Successor Agency.
MOTION - Bilodeau
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Bilodeau, Murphy
Councilmember Murphy abstained on Items 3.1 and 3.2 due to his not being on the
Council in November, 2012. Mayor Smith and Councilmember Whitaker recused
themselves on Item 3.4 due to potential employment conflicts. Item 3.7 was removed
and heard separately. Mayor pro tem Bilodeau recused himself on Item 3.26 due to a
potential employment conflict. All other items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS - None
December 11, 2012
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 14 -12 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the Orange
Municipal Code Relating to Parties and Underage Drinking.
Discussion — City Attorney Wayne Winthers provided Council the history of this issue for the
benefit of the new Councilmembers.
Speaker — Ken Ryan spoke on behalf of Chapman University stating their support for the
ordinance and providing information on steps they have taken regarding this issue.
Councilmember Alvarez stated he felt that the ordinance needed to place more responsibility
on the homeowner of the party house to enforce the rules, and stated that just posting a notice
on the property may be a huge deterrent based on his experience in property management.
Mayor pro tem Bilodeau clarified with the City Attorney that City staff is prosecuting the
misdemeanor offenses, and that to date there have been 50, which have been reduced to
infractions due to being first time offenses. The Mayor pro tem further stated concern on how
the rules are applied to other types of celebrations and concern for the chance for possible
abuse.
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CITY COUNCIL MINUTES December 11, 2012
9. LEGAL AFFAIRS (Continued)
Mr. Winthers stated that in October he spoke to the City's police officers, explaining discretion
parameters, stressing the need to observe the elements of the loud or unruly party prior to a
citation being issued.
Councilmember Alvarez stated his support for the ordinance and asked for a review in May
2013.
Councilmember Murphy noted the Police Department always uses discretion in issuing citations.
MOTION - Whitaker
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 14 -12 be read by title only and same was approved and adopted by
the preceding vote.
Council directed a review of the issue in May 2013.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:47 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: Orange Fire Union, City of Orange Police Association, City of
Orange Police Management Association, and Executive
Directors and Top Management Employees.
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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CITY COUNCIL MINUTES December 11, 2012
13. ADJOURNMENT — There was no 7:00 p.m. Session.
The City Council adjourned at 6:55 p.m. in memory of Haroldine (Honey) Hillebrecht, a
longtime Orange Community Historical Society member.
The City Council Meeting of December 25, 2012 is cancelled due to the holidays.
The next Regular City Council Meeting will be held on Tuesday, January 8, 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 December 11, 2012 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.
M URPHY
CITY CLERK
4�4.t )
ERESA . SMIT
MAYOR
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