Council Minutes 10/23/12APPROVED BY THE CITY COUNCIL ON NOVEMBER 13, 2012
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 23, 2012
The City Council of the City of Orange, California convened on October 23, 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 Bubba Lipscomb, First Southern Baptist 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
Introduction of Miss City of Orange 2013 Contestants
Recognition of Employee Service
Mayor Cavecche announced the Treats in the Streets event in the Orange Plaza on
Thursday, October 25 at 4:00 p.m.
2. PUBLIC COMMENTS — Erin Lannon, Sullivan Solar Power, gave an update on
participation in their solar program.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
October 23, 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 October 4, and October 11, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 9, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with RBF Consulting to update the City of Orange General Plan
Housing Element, as required by State law, in an amount not to exceed $54,000.00.
(A2100.0 Agr- 5142.A)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.5 Lease Agreement with Orange Children & Parents Together, Inc. for use of the City
Facility at 392 S. Hewes Street to operate Headstart /Preschool Programs. (A2100.0
Agr- 0272.C)
ACTION: 1) Approved the lease agreement and authorize the Mayor and City Clerk to
execute on behalf of the City; and 2) Appropriated $6,000.00 into Account No.
150.5028.51450.40051.0021 (Property Maintenance - City Owned) for the staff costs
associated with providing maintenance on the facility, FY 12 -13.
3.6 FY 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) for the Purchase
and Installation of Shelving in the Police Department's Property and Evidence Room.
(A2100.0 Agr -4652.G)
NOTE: Councilmember Whitaker recused himself due to a potential conflict with his
employment.
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CITY COUNCIL MINUTES October 23, 2012
3. CONSENT CALENDAR (Continued)
ACTION: 1) Authorized the City Manager or his designee to execute the agreement with
the County of Orange for $13,551.00 in FY 2012 JAG funds, including the allocations to
both the County and PROACT; 2) Appropriated the remaining $11,423.00 from Account
No. 353.4034.45150.20161 to Account No. 353.4034.55131.20161 (Federal Grants -
Equipment -2012 JAG) for the purchase and installation of shelving in the property and
evidence room; and 3) Authorized the purchase of shelving from McMurray Stern as a
sole source vendor in the amount of $14,485.00.
3.7 Agreement with the State of California Office of Traffic Safety (OTS) for the
Sobriety Checkpoint Grant Program for Federal Fiscal Year 2013.
(A2100.0 Agr- 5485.A)
ACTION: Approved agreement with the State of California OTS for the grant (when
received) and authorized the City Manager to execute the agreement on behalf of the
City; and appropriated $125,350 from Account No. 100.4041.45290.30016 into the
Traffic Program, as follows:
100.4041.50221.30016.0005 $99,288 Overtime - Safety DUI Checkpoints
100.4041.50222.30016.0005 $18,840 Overtime -Non Safety DUI Checkpoints
100.4041.50612.30016.0005 $ 132 Unemployment DUI Checkpoints
100.4041.50614.30016.0005 $ 1,740 Medicare DUI Checkpoints
100.4041.55131.30016.0000 $ 5,350 Equipment
3.8 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. Robert A. Ellis
b. Randy Lerer
C. Diana Garbers - Galasso
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Final Acceptance of Bid No. 112 -24; Asbestos and Lead Abatement and Removals,
and Demolition of Building at 180 S. Water Street performed by Midwest
Environmental Control, Inc.; and authorization to file Notice of Completion with
the County Recorder. (No staff report required (A2100.0 Agr - 45897)
ACTION: Accepted public work improvements, authorized release of Westchester Fire
Insurance Company of Pennsylvania, Bond No. K08714423 in the amount of $71,515.79
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
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CITY COUNCIL MINUTES October 23, 2012
3. CONSENT CALENDAR (Continued)
PARCEL MAP
3.10 Approval of Parcel Map No. 2008 -162 Reconfiguring Property Lines for the
Children's Hospital of Orange County Complex. (C2500.M.16.2)
NOTE: Mayor pro tem Bilodeau recused himself due to a potential conflict with his
employment.
ACTION: Approved Parcel Map No. 2008 -162 and authorized the abandonment of
unneeded City utility easements.
PURCHASES
3.11 Purchase of Two Specialized Vehicles for the City of Orange Fire Department
through a Cooperative Purchasing Agreement, in the amount of $85,189.27.
(C2500.H)
ACTION: Authorized the purchase of one four wheel drive (4wd) Special Service
Vehicle and one 4wd Crew -Cab Pickup Truck from National Joint Powers Alliance in the
amount of $85,189.27, and authorized the City Manager to surplus the replaced pieces of
equipment.
3.12 Purchase of Six Pieces of Equipment for the Public Works Department through
Cooperative Purchase Agreements, in the amount of $417,186.35. (C2500.M)
ACTION: 1) Authorized the purchase of one asphalt roller, two backhoes, and two
towable air compressors from National Joint Powers Alliance, in the amount of
$361,673.70; 2) Authorized the purchase of one asphalt crack - sealer from HGACBuy, in
the amount of $55,512.65; and 3) Authorized the City Manager to surplus the replaced
pieces of equipment.
RESOLUTIONS
3.13 RESOLUTION NO. 10678 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Water Division Employees'
Association (WDEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1, 2012 Through and Including June 30, 2013, and Repealing Resolution
No. 10646 and Amendments Thereto for Said Employees.
ACTION: Approved Resolution No. 10678, 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.
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CITY COUNCIL MINUTES October 23, 2012
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10681 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Municipal Employees'
Association (OMEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1, 2012 Through and Including June 30, 2013, and Repealing Resolution
No. 10645 and Amendments Thereto for Said Employees.
ACTION: Approved Resolution No. 10681, 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.
MOTION - Dumitru
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Councilmember Whitaker recused himself from Item 3.6 due to a potential conflict with
his employment. Mayor pro tem Bildodeau recused himself from Item 3.10 due to a
potential conflict with his employment. All items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE
4.1 Parties — Notice of Disturbance.
Discussion — Police Chief Bob Gustafson provided Council with statistics on disturbance calls
related to parties involving Chapman University students over the past two weekends.
Mayor Cavecche confirmed with City Manager John Sibley that he is working with Chapman
University officials on resolving the problems.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Dumitru - Discussion and update on Sex Offender Ordinance and
impact on upcoming Halloween celebration.
Discussion — Councilmember Dumitru reported on the city's Sex Offender Ordinance relating to
Halloween activities and challenges of laws in other cities.
Police Chief Gustafson reported that Megan's Law registrants must display a notice that they are
not handing out candy, keep their lights off at their homes, and that the department would be
patrolling the registrants' homes on Halloween, as well as at the Treats in the Streets event.
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CITY COUNCIL MINUTES October 23, 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. 13 -12 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1266 -12
Rezoning Properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Glassell Street and Batavia Street General Business (C -2) to Establish Consistency Between the
General Commercial General Plan Land Use Designation and Zoning Classification in
Accordance with State Law.
Zone Change 1266 -12
Applicant: City of Orange
NOTE: Councilmember Whitaker recused himself due to a potential conflict with his employment
and left the dais.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSTAIN (RECUSED) - Whitaker
Moved that Ordinance No. 13 -12 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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CITY COUNCIL MINUTES October 23, 2012
11. 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: Orange Fire Union, Orange Fire Management Association, Orange
Maintenance & Crafts Employees Association, Orange Management Association, City of
Orange Police Association, and City of Orange Police Management Association
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 - Proposed
2012 City Hall Holiday Closure:
City Negotiators: Human Resources /Employee Relations Director Steven Pham and
Assistant Human Resources Director Mike Harary.
Employee Organizations: All Bargaining Units
c. 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.
12. ADJOURNMENT
The City Council adjourned at 5:20 p.m. to an Adjourned Regular Meeting Study Session at 6:00
p.m. in the Council Chambers at City Hall to review the Development Services Streamlining
Options.
There was no 7:00 p.m. session. The next Regular City Council meeting will be held on
Tuesday, November 13, 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 October 23, 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.
MURPHY
CITY CLERK
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