Council Minutes 11/27/12APPROVED BY THE CITY COUNCIL ON DECEMBER 11, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 27, 2012
The City Council of the City of Orange, California convened on November 27, 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 Reverend Jeannie Martz, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Assemblyman Chris Norby
Recognition of Orange County Supervisor Bill Campbell
Presentation of Donation by Friends of the Orange Public Library to the City of Orange
Presentation of Retirement Resolution to Sergeant Jeff Gray
Recognition of Employee Service
The City Council will adjourn in memory of Jean Hart Fairbairn, a Hart family member
and lifelong Orange resident.
Mayor Cavecche announced the Tree Lighting Ceremony and Candlelight Choir
performance to be held on Sunday, December 2 nd at 3:30 p.m. in the Plaza.
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
November 27, 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 1, and November 8, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of November 13, 2012, and Adjourned
Regular Meeting of October 23, 2012. (C2500.D)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for period ending October 31, 2012.
(OR1800.0.27.16)
ACTION: Received and filed.
3.5 Submittal of Annual Financial Reports for Development Impact Fees.
(C2500.J.1.0.2)
ACTION: Received and filed.
AGREEMENTS
3.6 Cooperative Agreement with the County of Orange for Funding and Construction
of Lincoln Avenue. The City's share of the project cost is $280,000.00. (A2100.0
Agr -5933)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.7 Appropriation of Funds and Award of Agreement with Magnetic Electric, Inc.
(A2100.0 Agr -5934)
ACTION: 1) Appropriated $72,567.00 from unreserved Fund 511 to Account No.
511.7021.56015.20163 (Grijalva Park Area Light Pole Replacement); and 2) Approved
agreement with Magnetic Electric, Inc. and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES November 27, 2012
3. CONSENT CALENDAR (Continued)
3.8 Amendment No. 1 to Cooperative Agreement with Orange County Transportation
Authority, the Cities of Anaheim, Cypress, Garden Grove, Los Alamitos, Stanton,
and Villa Park, the County of Orange, and Caltrans to extend the term of the
agreement for the Katella Avenue Traffic Light Synchronization Program Project.
(A2100.0 Agr- 5786.1)
ACTION: Approved Amendment No. I and authorized the Mayor and City Clerk to
execute on behalf of the City.
BIDS
3.9 Bid No. 123 -10; Approval of plans and specifications, and request authorization to
advertise for bids the Federal Highway Safety Improvement Program Project
Tustin Street at Palm Avenue Left Turn Traffic Signal Modification. (S4000.0)
ACTION: Approved plans and specifications, and authorized advertising for bids for
the Intersection of Tustin Street and Palm Avenue Left Turn Traffic Signal
Modification Project.
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
Application to Present a Late Claim and the following claim(s) be denied.
Note: There was a clarification made to the Staff Report provided at the meeting.
1. Deny the following Application to Present a Late Claim:
a. Young Hee Ahn
2. Deny the following Claims for Damages:
b. Sam Adam
C. Eric Hardy
d. Kevin Cory Russell
ACTION: Deny Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Contract Change Order No. 1 and Final — Bid No. 112 -13; Community
Development Block Grant (CDBG) Project — Americans with Disabilities Act
(ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2011 -12.
(A2100.0 Agr -5883)
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CITY COUNCIL MINUTES November 27, 2012
3. CONSENT CALENDAR (Continued)
ACTION: 1) Approved Contract Change Order No. 1 and Final in the amount of
$13,184.00 to Kalban, Inc. for the additional work; and 2) Approved the transfer of
$10,000.00 from Account No. 310.9645.57130.11070 (CDBG Contingency Fund) to
Account No. 310.9645.56330.11328 (ADA Improvements).
RESOLUTIONS
3.12 RESOLUTION NO. 10688 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange to Confirm the Correct Use of
the Street Name of South Manchester Avenue.
ACTION: Approved
3.13 RESOLUTION NO. 10689 (C2500.D)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Mayor Carolyn V. Cavecche Commending her for her Twelve Years of Loyal and
Dedicated Service to the Residents of Orange.
ACTION: Approved
3.14 RESOLUTION NO. 10690 (C2500.D)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Councilmember Jon Dumitru Commending him for his Eight Years of Loyal and
Dedicated Service to the Residents of Orange.
ACTION: Approved
3.15 RESOLUTION NO. 10692 (C2500.H)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Captain Charles A. Tuggle of the Orange City Fire Department for Twenty -Seven
Years of Loyal and Dedicated Service.
ACTION: Approved
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
November 27, 2012
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER
8.1 Quarterly Budget Report.
Discussion — City Manager John Sibley provided Council with a report on the City's budget
status, noting revenues are slightly above expenditures for first time since 2007 -08. He
thanked the Council for their efforts over the past five years in getting to this point,
recognizing the leadership provided by outgoing Mayor Cavecche, and support from outgoing
Councilmember Dumitru in setting the foundation for a good plan for future Councils.
ACTION: Received and filed.
9. LEGAL AFFAIRS
9.1 Parties — Notice of Disturbance. (A2500.0)
Discussion — City Attorney Wayne Winthers explained the change to Sections 9.39.060 and
090 amending the time between the first and second responses from 72 hours to 10 days. He
further described a third change, the requirement for a notice to the host of the party, is
removed from Section 9.39.120. He added that the police will have the discretion to write
either a notice or a citation.
Mayor Cavecche noted that the second reading will be considered by a new Council, but that
the changes to the Municipal Code were necessary to address loud and unruly parties occurring
in the City.
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CITY COUNCIL MINUTES November 27, 2012
9. LEGAL AFFAIRS (Continued)
Councilmembers Smith and Whitaker agreed with the changes, noting that Chapman
University administration also agrees.
Mayor pro tem Bilodeau stated his concern was that the police will be able to issue a citation
the first time out. He cautioned about over - reacting and stated his preference that the wording
requiring the notice be left in Section 9.39.120.
Councilmember Dumitru stated he opposed this change, citing the possibility of a neighbor
using this to get revenge.
ORDINANCE NO. 14 -12 (FIRST READING)
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.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche
NOES - Bilodeau, Dumitru
Moved that Ordinance No. 14 -12 be read by title only, and same was set for second reading by
the preceding vote.
10. PLANNING AND ENVIRONMENT
10.1 Follow up to the installation of the Neighborhood Parking Permit Program for
Area `R', which was approved by the City Council on June 26, 2012. (S4000.S.3.1.2)
Discussion — City Traffic Engineer Amir Farahani provided the staff report on the observations
and follow -up study points related to implementing the program six months ago. He added
that the County Parks Department has added 50 parking spaces in nearby Peters Canyon Park,
with a plan to add an additional 200 parking spaces within the next two years.
Councilmember Smith noted that 14 residents on Salinas Court had originally been in favor of
the program, but have now signed a petition against it on their street.
Speakers
The following speakers spoke in favor of retaining the Neighborhood Parking Permit Program
for Area "R ", but are opposed to allowing parking on Skylark Drive:
William Burnett S. Narang
Stephen Amendt Laura Buttice
Diane Burch Joseph Carella
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CITY COUNCIL MINUTES
10. PLANNING AND ENVIRONMENT (Continued)
Arman Karakesis
Sajeda Simjee
Richard Blakeman
John Ohanian
J. Meyer
Jennie Le
Pat Delligatta
Dilip Patel
Cathy Delligatta
Becky Burnett
Kiem Dinh
Mr. Frost
Brooke Delligatta
Brian Delligatta
Ed Griganavicius
Seunghee Woo
November 27, 2012
The following speakers were in favor of the program, with the exception of Santa Maria Street:
Shelly Aronson Ducker
Brian Ducker
The following speakers opposed the Neighborhood Parking Permit Program for Area "R ":
Paul Reza
Tara Groover
Steve Stahovich
Sandra Lewandowski
Council discussed removing Skylark Place from further consideration for parking; the
possibility of waiving the fees for the residents that want to be removed from Permit Area R;
the fact that over time residents learn to manage living in a parking permit area; and the need
for residents on Salinas Court and Santa Maria Street to obtain a consensus on whether to
remain in the permit area. In addition, the Traffic Engineer is to meet with the residents to
answer their questions, and the City Attorney is to look at the process for streets to be removed
from a permit parking area.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to receive and file the report.
11. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES November 27, 2012
12. RECESS TO CLOSED SESSION
The City Council recessed at 7:00 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, and City
of Orange Police Management Association.
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.
13. ADJOURNMENT
The City Council adjourned in memory of Jean Hart Fairbairn, a Hart family member and
lifelong Orange resident.
There was no 7:00 p.m. Session.
The City Council adjourned at 7:40 p.m. to an Adjourned Regular Meeting on Tuesday,
December 4, 2012 at 6:00 p.m. in the Council Chambers for the Oath of Office ceremony for
newly elected officials.
The next Regular City Council Meeting will be held on Tuesday, December 11, 2012, 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 November 27, 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.
MA E. MURPHY
ITY CLERK
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