Council Minutes 10/22/13APPROVED BY THE CITY COUNCIL ON NOVEMBER 12, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 22, 2013
The City Council of the City of Orange, California convened on October 22, 2013 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 Pete Shambrook, Rock Harbor Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Michael Alvarez
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution to Rosalie Brooks upon her retirement
Presentation of Resolution to Police Lieutenant David Hill upon his retirement
Recognition of Employee Service
Mayor Smith announced that the Mayor's Prayer Breakfast is Thursday, October 24,
2013 at 7:30 a.m.; Treats in the Streets is also on Thursday, October 24, 2013, at 4:30
p.m.; and on November 11, 2013, there will be a Veterans Day Tribute at Depot Park.
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
October 22, 2013
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 3, and October 10, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 8, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with DLS Builders, Inc. for Removal and Replacement of the Lattice
Portion of the Hart Park Picnic Shelter, Minor Electrical Work and Painting of
the Shelter, in the amount of $48,490.00. (A2100.0 Agr -6037)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Amendment to Agreement with Woodruff, Spradlin & Smart to provide Legal
Services relating to Tort Liability matters, in the amount of $60,000.00. (A2100.0
Agr- 4877.C.1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.6 Appropriation of Donation from the Orange Public Library Foundation of
$7,700.00 for Books, Programming Supplies, and Library Technology. (C2500.I)
ACTION: Approved and accepted into Account No. 100.2001.48390.19322,
and appropriated to the following accounts:
100.2001.53301.19322 (Book budget -OPLF) $1,225
100.2017.53340.19322 (Craft supplies -OPLF) $ 775
100.2017.55131.19322 (Furniture, machinery & equipment -OPLF) $5,700
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
October 22, 2013
3.7 Appropriation of Designated Grant Funding Received from the California
Department of Resources Recycling and Recovery (CalRecycle) for the Oil
Payment Program and the Beverage Container Recycling Program.
(C2500.M.1.1)
ACTION: Authorized the appropriation of $39,061.00 from the unreserved revenue
fund balance to Account No. 220.5022.51001.20143; and 2) Authorized the
appropriation of $37,110.00 from the unreserved revenue fund balance to Account No.
220.5022.51001.20142.
BIDS
3.8 Award of Bid No. 134 -04 for the Purchase of three Equipment Trailers from
Bobcat of Cerritos for $71,872.92 and one Tilt Trailer from Scott Equipment for
$9,266.40 for a total cost of $81,139.32. (C2500.M)
ACTION: Authorized the purchase of four trailers and authorized the City Manager to
surplus the replaced equipment trailers.
3.9 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. Samuel Baker
b. Dora Aguilera
c. Ling L. Chiang
d. Mildred Wood
e. Jill Cooper
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid No. 123 -31; Batavia Street and Water Street Storm Drain
Improvement Project, FY- 2012 -2 -13 performed by Bali Construction, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -6012)
ACTION: Accepted public work improvements; authorized release of The Ohio
Casualty Insurance Company of New Hampshire, Bond No. 070015341 in the amount
of $213,359.00 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 22, 2013
3. CONSENT CALENDAR (Continued)
PURCHASES
3.11 Purchase of an Audio/Video System for the Patrol Briefing Room from Pacific
Video Products, Inc. (C2500.K)
ACTION: Authorized the appropriation of $17,825.00 from FY 14 unreserved fund
balance of the Federal Asset Forfeiture Treasury Asset Fund to Account No.
355.4021.55131.20129, Equipment, for the purchase of an audio /video system for the
Patrol Briefing Room from Pacific Video Products, Inc.
TRANSFER OF FUNDS
3.12 Fund Transfer to Partially Reimburse the Asset Seizure Federal Account for the
Purchase of Police K9 Bosco (formerly known as Grimm) Approved by the City
Council on August 13, 2013. (C2500.K)
ACTION: Transferred $5,000.00 from Account No. 100.4021.55510.12307 (General
Fund Canine SWAT Donations) to Account No. 355.4021.55510 (Asset Seizure
Federal, Capital Outlay).
UPDATES
3.13 Financial Status Update for FY 2013 and 2014. (C2500.J.1.1)
ACTION: Received and Filed.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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7. ADMINISTRATIVE REPORTS
October 22, 2013
7.1 Request for Approval of an Agreement with L -3 Communications, Inc., for the
Purchase, Installation, and Maintenance of Mobile Data Computers (MDC) for the Police
and Fire Departments, and an In -Car Video System for the Police Department. (A2100.0
Agr -6038)
NOTE: Mayor pro tem Murphy recused himself due to a possible conflict of interest with his
employment and left the dais.
Discussion — Assistant City Manager Rick Otto provided the staff report.
Council confirmed with staff that the technology is being used by the County Sheriff's
Department and the City of Newport Beach; that a huge benefit in this purchase is that both the
City Fire and Police Departments are able to share the MDCs, as needed; and that this may
help to avoid frivolous claims against the City. The two departments were commended for
their joint participation.
MOTION - Bilodeau
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Bilodeau
ABSENT (RECUSED) - Murphy
Moved to: 1) Approve the Agreement with L -3 Communications, Inc., for the purchase,
installation and maintenance of Mobile Data Computers for the Police and Fire Departments
and an in -car Video System for the Police Department, for an amount not to exceed
$976,747.36; and authorize the Mayor and City Clerk to execute on behalf of the City;
2) Authorize the Appropriation of $53,510 from the FY 14 Federal Asset Seizure (355)
unreserved fund balance to 355.4011.56031.12220 (Asset Seizure — Police In Car Video);
3) Authorize the Appropriation of $146,490 from the FY 14 Federal Asset Seizure (355)
unreserved fund balance to 355.4011.56031.20215 (Asset Seizure — Police MDC); and
4) Authorize the appropriation of $195,461 from the FY 14 Proposition 172 (120) unreserved
fund balance account to 120.4011.56031.20215 (Prop 172 — Police MDC).
NOTE: Agenda Item 10.1 was renumbered and heard as Item 7.2 to be considered by the
City Council rather than the Successor Agency.
7.2 Request for Approval of a Participation Agreement between GL Orange, LLC
and the City of Orange which will Provide for the Incremental Sharing of Sales Tax
Revenue over a Term of Ten Years under the City's Sales Tax Sharing Program.
(A2100.0 Agr -6039)
NOTE: Mayor pro tern Murphy recused himself due to a possible conflict of interest with his
wife's employment and left the dais.
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CITY COUNCIL MINUTES October 22, 2013
7. ADMINISTRATIVE REPORTS (Continued)
Discussion — Acting Economic Development Department Manager Lisa Kim provided a staff
report. Responding to questions by Councilmember Whitaker she stated that there is no cap,
resulting in the City receiving 33% of the tax revenue above the sales tax base over the entire
ten years.
Speaker — Michael Hastings, Direct Point Advisors, provided Council with details of the
renovation to the dealership. He also stated that the project will create high - paying job
opportunities, and added that current sales have exceeded projections.
MOTION - Whitaker
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Bilodeau
ABSENT (RECUSED) - Murphy
Moved to: 1) Approve the Participation Agreement with GL Orange, LLC; and 2) Authorize
the Mayor to execute and the City Clerk to attest to the Participation Agreement with GL
Orange, LLC.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 11 -13 (SECOND READING) (Z1500.0 Ord. 11 -13 Eckhoff
Street /Orangewood Avenue)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1270 -13
Rezoning Properties in the Eckhoff Street /Orangewood Avenue 2010 General Plan Land Use
Focus Area to Office Professional (OP) and Light Manufacturing (M1) to Establish
Consistency Between the Neighborhood Office Professional and Light Industrial General Plan
Land Use Designations and Zoning Classification in Accordance with State Law.
NOTE: Councilmember Whitaker recused himself due to a possible conflict of interest with
his employment; he did not leave the dais.
MOTION - Alvarez
SECOND - Murphy
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Whitaker
Moved that Ordinance No. 11 -13 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS (Continued)
October 22, 2013
9.2 ORDINANCE NO. 12 -13 (SECOND READING) (A2500.0 Ord. 12 -13 City
Council Meetings)
An Ordinance of the City Council of the City of Orange Amending section 2.04.020 of the
Orange Municipal Code regarding City Council Regular Meeting Times.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 12 -13 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
NOTE: Item 10.1 was moved to the Administrative Reports section of the meeting and
renumbered as 7.2 to be heard by the City Council rather than the Successor Agency.
11. PUBLIC HEARINGS
11.1 Zone Change No. 1268 -12 Katella Corridor Between Batavia Street and Main
Street. (Continued from September 10, 2013.) (Z1500.0 ZCG- 1268 -12)
NOTE: Mayor pro tem Murphy recused himself due to a possible conflict of interest with his
wife's employment, and left the dais.
Time set for a continued public hearing to consider approval of Zone Change 1268 -12 to
rezone properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Batavia Street and Main Street to Urban Mixed Use (UMU).
Discussion — Principal Planner Anna Pehoushek provided the staff report. She explained that
the Katella Corridor zone change has been split into two areas to maximize participation by the
Council. She then responded to questions from the Council on the UMU designation.
THE MAYOR OPENED THE PUBLIC HEARING.
Speaker — James Potter — Spoke in opposition to the UMU designation, with the proposed FAR
requirement, but support for a C2 designation;
William Protharo — Spoke in opposition to the zone change.
THE MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES October 22, 2013
11. PUBLIC HEARINGS (Continued)
Council discussed the options available to address the corridor and the zoning designation they
favored giving their reasons for it. Discussion included the following:
• A UMU zone, with no minimum FAR
• A C2 zone or overlay;
• A housing overlay;
• No commercial recreation designation;
• No CUP requirement.
MOTION - Smith
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Bilodeau
ABSENT (RECUSED) - Murphy
Moved to continue to no date certain in early 2014 for further review and evaluation of items
discussed.
1) Find that the proposed zoning changes are within the scope of the previously- approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that
the Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required; and
(NO ACTION TAKEN)
2) ORDINANCE NO. 02-13 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1268 -12
Rezoning Properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Batavia Street and Main Street to Urban Mixed Use (UMU) to Establish Consistency Between
the Urban Mixed Use General Plan Land Use Designation and Zoning Classification in
Accordance with State Law.
(NO ACTION TAKEN)
11.2 Zone Change No. 1268 -12 Katella Corridor Between Main Street and the Western
City Limit. (Continued from September 10, 2013.) (Z1500.0 ZCG- 1268 -12)
Time set for a continued public hearing to consider approval of Zone Change 1268 -12 to
rezone properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Main Street and the Western City Limit to Urban Mixed Use (UMU).
NOTE: Mayor pro tem Murphy recused himself due to a possible conflict of interest with his
wife's employment, and left the dais; and Councilmember Whitaker recused himself due to a
possible conflict of interest with his employment, and left the dais.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
October 22, 2013
Discussion — Principal Planner Anna Pehoushek provided the staff report. She stated receiving
one communication in opposition, and several communications in support of the zone change.
THE MAYOR OPENED THE PUBLIC HEARING.
Speaker — James Potter — Stated he wanted all owners to have the highest and best use of their
land, and expressed his preference for the C2, or an overlay zone.
THE MAYOR CLOSED THE PUBLIC HEARING.
Mayor Smith stated support for the zone change and expressed her interest in a C2 or UMU
zone, citing the current Commercial Recreation zone does not work. She noted the item needs
all three votes for approval.
Councilmember Alvarez stated the area needs the zone change to allow for a face lift, citing
that this is a gate way to the City. He further stated support for the UMU designation.
Councilmember Bilodeau stated he did not have a problem with the current use, noting that the
property owners were not behind this change. He expressed a desire to wait on what occurs in
this area, and his opposition to the UMU designation.
MOTION
- Smith
SECOND
- Alvarez
AYES
- Alvarez, Smith
NOES
- Bilodeau
ABSENT (RECUSED) — Whitaker, Murphy
Moved to approve Zone Change 1268 -12 the Katella corridor between Main Street and the
western city limits to change the zoning to UMU.
(MOTION FAILED)
Find that the proposed zoning changes are within the scope of the previously- approved 2010
General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the
Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required; and
(NO ACTION TAKEN)
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CITY COUNCIL MINUTES October 22, 2013
11. PUBLIC HEARINGS (Continued)
2) ORDINANCE NO. 13 -13 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1268 -12
rezoning properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Main Street and the Western City Limit to Urban Mixed Use (UMU) to Establish Consistency
Between the Urban Mixed Use General Plan Land Use Designation and Zoning Classification
in Accordance with State Law.
(NO ACTION TAKEN)
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:35 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, and Mike Harary, Assistant Human Resources Director
Employee Organizations: All Bargaining Units except Orange City Firefighters
and Police (COPA)
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
Proposed 2013 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. Conference with Real Property Negotiator - Real property negotiations pursuant to
Government Code Section 54956.8:
Property: 262 Camphor Place
Successor Agency's Negotiator: Rick Otto, Assistant City Manager
Negotiating Parties: Successor Housing Agency to the Orange Redevelopment
Agency and Emily Wong and Paul Luu
Under Negotiation: Price and terms of payment
d. Public employee appointment /employment pursuant to Government Code Section
54957:
Title: Community Development Director
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CITY COUNCIL MINUTES October 22, 2013
13. ADJOURNMENT — There was no 7:00 p.m. Session.
The next Regular City Council Meeting will be held on Tuesday November 12, 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 October 22, 2013 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 mee and available at the Civic Center City Clerk's Office.
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M E. URPH
ITY CLERK
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