Council Minutes 08/14/12APPROVED BY THE CITY COUNCIL ON AUGUST 28, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 14, 2012
The City Council of the City of Orange, California convened on August 14, 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 Mike Sciarra, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred Whitaker
1.3 ROLL CALL
PRESENT — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT — None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
Mayor Cavecche announced the continuing series of Concerts in the Park taking place
at Hart Park on Wednesday nights at 7:00 p.m.
2. PUBLIC COMMENTS —
Erin Lannon, Sullivan Solar Power, spoke on renewable energy opportunities.
Pat Buttress, Southern California Edison Representative, proudly announced power
savings due to the public's adherence to the Flex Alerts program, and encouraged
continued participation, stating that businesses were now able to join the program.
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CITY COUNCIL MINUTES August 14, 2012
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 19, July 24, and July 26, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meetings of July 10 and July 24, 2012.
(C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.4 Investment Oversight Committee Report for the period ending July 31, 2012.
(OR1800.0.27.16)
Discussion — Councilmember Whitaker stated his continuing interest in the City's use
of caution with its investment activities.
Finance Director Rich Jacobs responded that there are state laws and City policy
constraints on the investment options; adding that the Investment Advisory Committee,
at their next meeting, would revisit the investment options.
MOTION — Whitaker
SECOND — Cavecche
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to receive and file.
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CITY COUNCIL MINUTES August 14, 2012
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.5 City Treasurer's Report for the Months of April, May, and June, 2012. (C2500.F)
Discussion — Councilmember Whitaker included this item in the discussion of Item 3.4.
MOTION — Whitaker
SECOND — Cavecche
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to receive and file.
AGREEMENTS
3.6 Memorandum of Understanding (MOU) with the County of Orange for
Reimbursement of Overtime Costs for Law Enforcement Services to Achieve the
Objectives of Assembly Bill 109, the 2011 Public Safety Realignment Act.
(A2100.0 Agr -5908)
ACTION: 1) Approved the MOU and authorized the Mayor and City Clerk to execute
of behalf of the City; and 2) Appropriated $30,672.00 from Account No.
100.4031.45495.20159 to Account No. 100.4031.50221.20159 (Detectives- Overtime
Safety Post - release Community Supervision).
3.7 Cooperative Agreement with CalTrans for Project Approval and Environmental
Document for Meats Avenue Interchange at State Route 55. (A2100.0 Agr -5909)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.8 First Amendment to Agreement with CalTrans for Freeway Maintenance along
State Route 55. (A21 -00.0 Agr- 2069.1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.9 Agreement with Pestmaster Services, Inc. for Weed Abatement Services in the
amount of $67,500.00. (A2100.0 Agr- 5320.D)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES August 14, 2012
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Assembly Bill (AB) 3229 Grant Money for funding of Police Support Personnel.
(C2500.K)
ACTION: Appropriated $30,912.00 from Account No. 354.0000.45320 to Account No.
354.4011.50312 (Administration -Part -time and Seasonal- Miscellaneous) and
$73,791.00 from Account No. 354.0000.45320 to Account No. 100.4011.50002
(Administration - Regular Salaries - Miscellaneous) to fund the following positions
through June 30, 2013:
Position No.
Class Description
% Funded By
COPS Status
242 -005
Civilian Investigative Officer
100
19 hr /week
233 -002
Crime Prevention Officer
100
Full -time
3.11 Appropriation Transfer from Expense Reimbursement Account to other
Professional & Consulting Services — Lilley Planning Group Account.
(C2500.G.2.0)
ACTION: Appropriated $40,000.00 from Account No. 100.6021.48210.20096
(Expense Reimbursement) to Account No. 100.6021.51670.20096 (Other Professional
& Consulting Services — Lilley Planning Group).
3.12 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. Ban Nguyen
b. Donald Ware
C. Lee Sterling
d. Elfrieda Peterson
e. Cynthia Curran
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
August 14, 2012
CONTRACTS
3.13 Award of Contract — Bid No. 112 -21; Street Lighting Improvements, FY 2011 -12
on Cypress Street and Almond Avenue (Continued from July 10, 2012).
(A2100.0 Agr -5910)
NOTE: Councilmember Dumitru and Mayor pro tem Bilodeau registered a NO vote on
this item.
ACTION: 1) Rejected the low bid received from Pro Tech Engineering Corporation as
non - responsible; and 2) Awarded the contract in the amount of $191,838.00 to Flatiron
Electric Group, Inc. of Chino, CA; and authorized the Mayor and City Clerk to execute
on behalf of the City.
FACILITIES
3.14 Request to Close the Orange Public Library & History Center on the Following
Dates for FY 2012 -13: Friday, August 31 from 2:00 p.m. to 6:00 p.m., and
Saturday, September 1 St for the International Street Fair. Close all Orange Public
Library Facilities on Wednesday, November 21 at 6:00 p.m. for Thanksgiving.
(C2500.I)
ACTION: Approved.
PURCHASES
3.15 Purchase Medical Supplies from Life - Assist, Inc. through a Cooperative
Purchasing Agreement in the amount of $83,500.00. (C2500.11)
ACTION: Authorized the Fire Department to enter into a cooperative purchasing
agreement with the City of Monterey Park.
3.16 Purchase of Neptune Replacement Water Meters from Neptune Technology on a
sole source "as needed" basis in an amount not -to- exceed $245,000.00. (C2500.P)
ACTION: Authorized purchase of Neptune replacement water meters.
RESOLUTIONS
3.17 RESOLUTION NO. 10675 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line
Adjustment No. LL 2012 -02 Merging Two Lots of Certain Real Properties Situated at
1661 and 1657 North Glassell Street, in the City of Orange, County of Orange, State of
California.
ACTION: Approved.
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CITY COUNCIL MINUTES August 14, 2012
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 10676 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange Amending the Master Schedule
of Fees and Charges to Adjust Emergency Ground Transportation Ambulance Rates.
Discussion — Councilmember Dumitru stated that the City had previously taken action
to privatize ambulance ground transport. He noted that an REP had been issued,
awarded, and stalled in negotiations; and urged a return to this issue. He stated that the
fee increase was required due to the County's rate being increased, and he would not be
supporting the resolution.
MOTION — Whitaker
SECOND — Cavecche
AYES — Whitaker, Cavecche, Bilodeau
NOES — Smith, Dumitru
Moved to approve.
3.19 RESOLUTION NO. 10677 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Alice Angus, Community Development Department Director, Commending her for
more than Thirty Years of Public Service including Twelve Years of Loyal and
Dedicated Service to the City of Orange.
ACTION: Approved.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.20 Agreement with Kane, Ballmer & Berkman to provide Legal Services with regard
to the Successor Agency. (A2100.0 Agr -5911)
ACTION: 1) Approved the agreement and authorized the Chairman and Successor
Agency Clerk to execute on behalf of the Successor Agency; and 2) Directed staff to
transmit the agreement for approval by the Oversight Board of the Successor Agency to
the Orange Redevelopment Agency.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
August 14, 2012
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. SAORA -007 (SA1000.0)
A Resolution of the Successor Agency to the Orange Redevelopment Agency
Approving a Recognized Obligation Payment Schedule and Related Administrative
Budget for the Period Covering January 1, 2013 through June 30, 2013 pursuant to
Section 34177(1)(2)(A) of the California Community Redevelopment Law.
Discussion — Project Manager Barbara Messick provided an update for Director
Bilodeau on the capital projects allowed by the State, and the Recognized Obligation
Payment Schedule (ROPS) time periods.
MOTION — Bilodeau
SECOND — Cavecche
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to: 1) Approve Resolution No. SAORA -007, with noted abstentions; and 2)
Direct staff to transmit ROPS 3 and related Administrative Budget to the Oversight
Board of the Successor Agency to the Orange Redevelopment Agency.
Abstentions
Chairman Cavecche: Line Item No. 53 (OCTA Quiet Zone Improvements) due to her
position on the Board of Directors for OCTA.
Director Whitaker: Line Item No. 7 (Southern Counties Oil), Line Items No. 21 -22
(CAM Maintenance at Depot Station), Line Items No. 27 -32 (Metrolink Parking
Project), and Line Items No. 51 -52 (Metrolink Parking Project) due to these companies
being a source of income for his law firm.
Director Bilodeau: Line Item No. I I (County of Orange Sewer User Fees) due to his
employment with the County of Orange.
MOTION — Smith
SECOND — Dumitru
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Items 3.4, 3.5, 3.18, and 3.21 were removed and heard separately. Mayor pro tem
Bilodeau and Councilmember Dumitru registered NO votes on Item 3.13. All other
items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
* * * * * * * * **
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CITY COUNCIL MINUTES August 14, 2012
4. REPORTS FROM MAYOR CAVECCHE
4.1 Consideration of appointment of Joyce Monsees to the Orange Public Library Board of
Trustees, to fill an unexpired term ending June 30, 2013.
MOTION — Cavecche
SECOND — Whitaker
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve the appointment of Ms. Joyce Monsees to the Orange Public Library Board
of Trustees to fill an unexpired term, period ending June 30, 2013.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Whitaker — Request that staff contact Stanford University Institute of
Economic Policy Review to get specific details on obtaining an analysis of strategies and
solutions for funding of the City of Orange's Unfunded Employee Liabilities.
Discussion — Councilmember Whitaker reported that the City of Fullerton has contracted with
the Institute to analyze their pension liability; and since Orange would be one of the
benchmark cities for comparison, he suggested staff make inquiries on the possibility of
participating in the study at a reduced cost. He emphasized the need for information and
knowledge to address Ca1PERS expenses in the coming years.
Councilmember Bilodeau concurred with the idea, stating that Orange should have its own full
study done.
Councilmember Smith stated support for the study, and acknowledged the cooperation in
addressing this issue by City employees through the past five years. She further commended
the City's administration in their leadership, noting other cities who were either filing for
bankruptcy, or in poor economic shape at this time.
City Manager John Sibley stated a report would be brought back on this issue.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS
7.1 Follow -up Summary Report on Organizational Assessment for Development Services.
ACTION: Staff requests continuance to the August 28, 2012 meeting.
MOTION — Cavecche
SECOND — Smith
AYES — Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to continue to the August 28, 2012 meeting.
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CITY COUNCIL MINUTES August 14, 2012
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS — None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 4:55 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 Cavecche
b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9:
K.X.T., an individual, by and through his Guardian Ad Litem, Valissa Taylor v. City of
Orange, et al.; Orange County Superior Court Case No. 30- 2011 - 00460392.
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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CITY COUNCIL MINUTES August 14, 2012
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None
13. PUBLIC HEARINGS
13.1 SANTA FE DEPOT SPECIFIC PLAN. (C2300.J)
Time set for a continued public hearing to consider Ordinance No. 8 -12, an Ordinance adopting
the updated boundaries and provisions of the Santa Fe Depot Specific Plan Update; Ordinance
No. 9 -12, an Ordinance adopting Zone Change No. 1255 -09, changing zoning on parcels within
the boundaries of the proposed Santa Fe Depot Specific Plan Update; and Environmental Impact
Report No. 1820 -09 (Continued from June 26, 2012).
NOTE: Councilmember Whitaker stated at the 4:30 session that he would recuse himself from
hearing this issue, due to a possible conflict with his employment, and was not present at the
7:00 p.m. session.
Discussion — Community Development Director Alice Angus provided a brief staff report
noting that the full report had been given at the last meeting. She addressed five issues in
question from the last meeting, along with a memo on the issues raised in the briefings with
Council.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers —
Paul Guzman, Orange Barrio Historical Society, spoke on not changing the zoning on the west
side of the 400 block of Cypress Street to R -1.
Cindy Wetzel, representing grandparents, spoke on not changing the zoning on the west side of
the 400 block of Cypress Street to R -1.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council discussed appropriate zoning for various parcels, and reasons to change or leave as is,
along with their support of property rights.
Mrs. Angus provided information on meetings held with homeowners, opportunities for further
development on the parcels under the current zoning, development standards, cautioned against
spot zoning, and the need to update the General Plan to reflect zoning changes.
MOTION — Dumitru
SECOND — Cavecche
AYES — Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) — Whitaker
Moved to re -open the public hearing to take comments from an additional speaker.
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CITY COUNCIL MINUTES August 14, 2012
13. PUBLIC HEARINGS (Continued)
THE MAYOR RE- OPENED THE PUBLIC HEARING.
Speaker —
Rosalina Camacho, representing parents, spoke on not changing the zoning on 243 S. Cypress
Street to R -1.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council discussion moved to height restrictions relating to a three -story overlay, and setback
requirements. A height restriction of 36 feet was accepted for the overlay, with third floor
setbacks of zero feet from the Chapman property line, 10 feet from the Pixley Property line,
and 30 feet from the Almond property line. Council agreed on the proposed language by staff
in a memo dated August 14, 2012 presented at the meeting regarding the overlay limitation of
three full stories or two stories plus a mezzanine.
Council agreed on the proposed language by staff in a memo dated August 14, 2012 presented
at the meeting regarding open storefront facades for historic buildings, non - contributors, and
new builds.
The issue on the Depot Courtyard was discussed with agreement on the parking lot and
Atchison Street remaining in their current state.
Council discussed the parking lots and the need to safeguard the current inventory, as well as
the development of more, to support Orange's commercial businesses in the Old Towne area.
Agreement was reached to retain the existing Public Facilities and Institutions designation on
the Lemon Street parking lot and the two lots west of the depot.
Mayor Cavecche stated that the Council had received three pieces of correspondence from the
Old Towne Preservation Association (OTPA); Susan Secoy Jensen, owner of the Jensen
building; and Leason Pomeroy, LP3 Architects, on this issue containing good information.
MOTION — Cavecche
SECOND — Smith
AYES — Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) — Whitaker
Motion to continue the item to the August 28, 2012 meeting at 4:30. Staff to adjust the
language in the Resolution and Ordinances to reflect Council directives.
NOTE: The Public Hearing is closed.
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CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT — None
15. ADJOURNMENT — The City Council adjourned at 9:50 p.m.
August 14, 2012
The next Regular City Council meeting will be held on Tuesday, August 28, 2012 at 4:30 p.m.
in the Council Chambers.
Note: The Mayor announced that the Council would be returning to closed session and that
Councilmember Whitaker would be present for the discussion.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of August 14, 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.
Y /
NADO CA YN CAVECCHE
RK C AYOR
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