Council Minutes 08/28/12APPROVED BY THE CITY COUNCIL ON SEPTEMBER 11, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 28, 2012
The City Council of the City of Orange, California convened on August 28, 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 Danny Kurimay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of O. C. Premier's Silver Elite U19 Team — No Fear
Presentation of Retirement Resolution to Community Development Director Alice Angus
Recognition of Employee Service
2. PUBLIC COMMENTS
Michael Ristig, spoke against the proposed development of the Peralta school site.
Dan Graupensperger, spoke against the proposed development of the Peralta school site.
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CITY COUNCIL MINUTES August 28, 2012
PUBLIC COMMENTS — (Continued)
The following spoke concerning the ongoing contract negotiations with the
Firefighters' Association, the impact of reduced staffing levels and the safety of the
community:
Greg Lewin
Dennis Cole
Dam Tiqui
Justin Camba
Janette Peterka
Jennifer Gerard
Dan Peterka
Carol Graupensperger
3. CONSENT CALENDAR
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 July 31, August 2, and August 9, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 14, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
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CITY COUNCIL MINUTES August 28, 2012
3. CONSENT CALENDAR (Continued)
3.4 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. Jeremy Bruce Johnson
b. Mazen Gammoh
c. Time Warner Cable — December 5, 2011 incident
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PURCHASES
3.5 Purchase Firefighter Safety Gear from L.N. Curtis & Sons in the amount of
$77,000.00 for FY 2012 -13. (C2500.H)
ACTION: Authorized the purchase of Firefighter Safety Gear from L.N. Curtis &
Sons.
3.6 Purchase of Eight Police Patrol Vehicles through a Cooperative Purchasing
Agreement; including Outfitting Seven of the Units with Code 3 Equipment and
One of the Units with Undercover Code 3 Equipment for Replacement of a
Damaged Gang Unit Vehicle, in the amount of $285,540.92. (C2500.K)
ACTION: Authorized the purchase of seven Police Patrol Vehicles and one Gang Unit
Vehicle from McPeek Dodge; awarded the contract for building /outfitting the vehicles
to Hi Standard, of Orange, CA.; and authorized the City Manager to surplus the
replaced vehicles.
REPORTS
3.7 Independent Accountants' Report on Agreed -Upon Procedures on the Bargaining
Unit's Payroll. (C2500.J.1.3)
ACTION: Received and filed.
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CITY COUNCIL MINUTES August 28, 2012
3. CONSENT CALENDAR (Continued)
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.8 Agreement with Lance, Soll & Lunghard to provide Audit Services with regard to
Due Diligence Review required under Assembly Bill 1484. (A2100.0 Agr -5914)
ACTION: Approved the agreement and authorized the Chairman and Successor
Agency Clerk to execute on behalf of the Successor Agency.
3.9 Revised Summary Sheet for Recognized Obligation Payment Schedule (ROPS3)
for the period covering January 1, 2013 through June 30, 2013. (SA1000.0)
ACTION: Approved.
MOTION
- Bilodeau
SECOND
-Whitaker
AYES
- Whitaker, Smith, Cavecche, Bilodeau
ABSENT
- Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES August 28, 2012
7. ADMINISTRATIVE REPORTS
7.1 Development Service Organizational Assessment — Update on Alternative Service
Delivery Options for Street Sweeping Operations and Graffiti Abatement. (Continued
from August 14, 2012)
NOTE: Staff requested a continuance to a date uncertain.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to continue the Street Sweeping portion to the September 11, 2012 meeting with as
much information as possible and a sample RFP for consideration, and to continue Graffiti
Removal to a date uncertain.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1.1 SANTA FE DEPOT SPECIFIC PLAN UPDATE (From August 14, 2012). (C2300.J)
NOTE: Councilmember Whitaker recused himself and left the dais due to a potential conflict
with his employment.
Discussion — Councilmember Smith asked about the timing of the changes, and if there are any
projects in the planning process that this will affect. Community Development Director Angus
explained that some projects are waiting for these changes to be adopted; and that the changes
will take effect thirty days after the second reading of Ordinances 08 -12 and 09 -12.
Speaker — Robert Schuller, spoke in favor of the proposed zoning changes on Cypress Street.
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CITY COUNCIL MINUTES August 28, 2012
9. LEGAL AFFAIRS (Continued)
RESOLUTION NO. 10670
A Resolution of the City Council of the City of Orange (A) Certifying Final Program
Environmental Impact Report (PEIR) No. 1820 -09 (SCH No. 2009101033) for the Santa Fe
Depot Specific Plan Update and Related Ordinance Amendment and Zone Change No. 1255-
09, (B) Adopting Findings of Fact and Statement of Overriding Considerations, (C) Adopting a
Mitigation Monitoring Program, and (D) Including Revised Mitigation Measure N -5, as
Recommended by Staff.
Applicant: City of Orange
MOTION - Cavecche
SECOND - Smith
AYES - Smith Cavecche, Bilodeau
ABSENT - Dumitru
RECUSED - Whitaker
Moved to approve Resolution No. 10670
ORDINANCE NO. 08 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange Adopting the Santa Fe Depot Specific
Plan Update.
MOTION
- Cavecche
SECOND
- Bilodeau
AYES
- Smith, Cavecche, Bilodeau
ABSENT
- Dumitru
RECUSED
- Whitaker
Moved to approve the first reading of Ordinance No. 8 -12
ORDINANCE NO. 09 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange Adopting Zone Change No. 1255 -09
to Establish the Specific Plan Zoning Designations for the Properties Within the Boundaries of
the Santa Fe Depot Specific Plan Update.
Zone Change 1255 -09 / Applicant: City of Orange
MOTION
- Cavecche
SECOND
- Smith
AYES
- Smith, Cavecche, Bilodeau
ABSENT
- Dumitru
RECUSED
- Whitaker
Moved to approve the first reading of Ordinance No. 09 -12
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CITY COUNCIL MINUTES August 28, 2012
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:57 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
Unrepresented Employee: City Attorney
City Negotiator: Mayor Carolyn Cavecche
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.
12. ADJOURNMENT — The City Council adjourned at 6:45 p.m.
There was no 7:00 p.m. Session.
The next Regular City Council meeting will be held on Tuesday, September 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 August 28, 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 sa id regular meeting; and available at the Civic Center City Clerk's Office.
Y E. MURPHY
CITY CLERK
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