Council Minutes 10/08/13APPROVED BY THE CITY COUNCIL ON OCTOBER 22, 2013
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 8, 2013
The City Council of the City of Orange, California convened on October 8, 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 Lieutenant Dave Hill, Orange Police Department
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis R. Bilodeau
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Smith announced the Mayor's Prayer Breakfast and the Treats in the Streets
event both occurring on October 24
1.5 OATH OF OFFICE
City Clerk Mary Murphy administered the Oath of Office to newly- appointed City
Treasurer Eric Woolery. A reception was held immediately following the meeting.
2. PUBLIC COMMENTS
Barry Cottle presented the Council with a framed picture of the completed Serrano
Woods senior affordable housing development in appreciation of the Council's support
of the project.
John Baker - Spoke on problems on Citrus and Arbor Way streets in connection with
street sweeping, and termites in a street tree. He also informed of parking problems
with the Titan Automotive repair company in the neighborhood.
Tony Esquivel — Spoke on problems in the Citrus and Arbor neighborhood associated
with the Titan Automotive repair company.
Kimberly Bottomly — Spoke on sidewalk and street tree problems on Citrus and Arbor
Way streets and read a petition signed by neighbors asking for tree removal.
Tom Wills — Spoke on the Titan Automotive Co. and street tree problems.
Rick Beville — Spoke about the declining health of Judy Whitaker, an Orange resident
well known in the downtown area; and requested a proclamation for her.
Shirley Hunt — Spoke on the problem with baseballs from Olive Park coming into her
backyard and posing a danger.
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3. CONSENT CALENDAR
October 8, 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 September 19, and September 26, 2013.
ACTION: Approved
3.2 City Council Minutes, Regular Meeting of September 24, 2013. (C2500.D.4)
NOTE: Councilmember Bilodeau abstained from this item due to his not being in
attendance at the meeting.
ACTION: Approved
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved
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. Parivash Hafezizadeh and Jafar Khazaiita Tabarm Shahram
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
October 8, 2013
CONTRACTS
3.5 Award of Contract; Bid No. 134 -02; FY 2012 -13 Community Development Block
Grant (CDBG) Street Improvement Projects: Citrus Street,
Fairmont Street,
Birch Avenue, Parker Street, Clark Street, Grand Street, Toluca Avenue, River
Avenue, and Orange Street Improvements. (A2100.0 Agr -6035)
ACTION: 1) Awarded the contract in the amount of $808,000.00 to Hardy and
Harper, Inc., and authorized the Mayor and City Clerk to execute on
behalf of the City,
and 2) Approved the transfer of funds among the following accounts:
From To
Amount
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20114 (Citrus)
$10,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20115 (Fairmont)
$10,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20117 (Parker)
$5,300.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20126 (Grand)
$7,600.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20136 (Toluca)
$10,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20140 (River)
$38,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20141 (Orange)
$10,000.00
CDBG Subtotal
$90,900.00
From To
Amount
263.5011.56330.13120 Local Maintenance 263.5011.56330.20114 (Citrus)
$10,000.00
263.5011.56330.13120 Local Maintenance 263.5011.56330.20115 (Fairmont)
$7,000.00
263.5011.56330.13120 Local Maintenance 263.5011.56330.20136 (Toluca)
$23,700.00
263.5011.56330.13120 Local Maintenance 263.5011.56330.20140 (River)
$28,300.00
263.5011.56330.13120 Local Maintenance 263.5011.56330.20141 (Orange)
$31,800.00
Local Maintenance Subtotal
$100,800.00
GRAND TOTAL
$191,700.00
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.6 RESOLUTION NO. 10736 (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 Bilodeau commented on the need to review the City's
compliance with the state's Emergency Compliance Plan to ensure exclusive provision
of ambulance services by the City.
MOTION - Bilodeau
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10736.
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CITY COUNCIL MINUTES October 8, 2013
3. CONSENT CALENDAR (Continued)
3.7 RESOLUTION NO. 10738 (C2500..1)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Rosalie Brooks of the Finance Department and Commending her for almost Twenty -
Nine Years of Dedicated Service.
ACTION: Approved
3.8 RESOLUTION NO. 10739 (C2500.K)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
David Raleigh Hill for Thirty -Two Years of Loyal and Dedicated Service.
ACTION: Approved
MOTION - Alvarez
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Councilmember Bilodeau abstained on Item 3.2 due to his absence from the meeting.
Item 3.6 was removed and heard separately. 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 8, 2013
7.1 Request for Appropriation of $375,677.44 from Fund 550 to Quiet Zone &
Railroad Crossing Safety Project, CIP No. 16065, to cover project cost. (T2200.1.4)
Discussion — Public Works Director Joe DeFrancesco provided a staff report. Responding to a
question from Councilmember Alvarez, City Engineer Frank Sun stated that the funding is
derived partially from the Measure M taxes collected by OCTA, and partially from
Redevelopment Agency funds.
MOTION - Alvarez
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to appropriate $375,677.44 from Fund 550 to Account No. 550.5032.56670.16065.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 10 -13 (SECOND READING) (A2500.0 Ord -10 -13 Sex
Offenders)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange
Municipal Code by Deleting Section 9.10.045A.1.
Discussion — City Attorney Wayne Winthers stated that although the ordinance takes effect in
30 days, the portion of the OMC that was stricken out is immediately suspended and will not
be subject to enforcement.
MOTION - Whitaker
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 10 -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 8, 2013
9.2 Consideration of City Council Regular Meeting Days and Times. (A2500.0 Ord -
12-13 City Council Meetings)
Discussion — Mayor pro tem Murphy stated the alternatives which had been discussed at the
last meeting. He suggested holding the meetings on the second Tuesday of the month, but
holding the fourth Tuesday open in the event a meeting is needed. He also suggested the
Closed Session be held at 4:30 p.m. prior to the regular session which could occur at 5:30. He
noted a savings in staff time and that adopting the second version of the ordinance would allow
changing meeting details by resolution which is a more prudent way to address future needs.
Councilmember Whitaker stated agreement noting that recent agendas have been small and
there has also been a lack of public hearings. He agreed that a 5:30 p.m. regular meeting time
was more public friendly.
Councilmember Alvarez commented on there being no discernible savings to require a
reduction of the number of meetings per month. He further supported two meetings a month
for more opportunities for public access to the Council as a whole.
City Manager John Sibley stated there are no hard dollar savings, but non - managerial staff is
compensated if they must stay past 5:30 p.m.
Councilmember Bilodeau stated his agreement with the suggested 5:30 regular meeting start
time; but noted the seven speakers at this meeting are a perfect example of the need for the
public to have frequent opportunity to speak to the Council.
Mayor Smith reiterated the need to save the fourth Tuesday of each month in the event a need
arose to have a second meeting during the month. She stated agreement with Councilmembers
Bilodeau and Alvarez on the need to provide public access to the Council, but that she also
favors cost savings and efficiency. She cautioned that one meeting a month could get quite
full, and further requested:
• A six -month trial period;
• Implementation starting in January of 2014.
• A 5:00 p.m. closed session and 6:00 p.m. regular session.
The Council discussed ways to call the second meeting, whether by newspaper, Internet, or
adjourning the first meeting to the second. It was noted this would take effect January 2014,
and could be changed again easily by Resolution.
Mayor pro tem Murphy stated that the Council is available at all times, not just at their
meetings. He reiterated that changing the meeting time does not restrict access for the public.
He stated the motivation for the change was to be more efficient, since the meetings have been
so short recently, freeing up time for staff not to have to attend a second meeting; but was also
aware that should conditions change, meeting dates and times could change again.
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CITY COUNCIL MINUTES October 8, 2013
9. LEGAL AFFAIRS (Continued)
ORDINANCE NO. 12 -13 (FIRST READING)
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. (By Resolution)
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 for second
reading by the preceding vote.
RESOLUTION NO. 10737
A Resolution of the City Council of the City of Orange Establishing the City Council Regular
Meeting Days and Times.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved approval of Resolution No. 10737 establishing the second Tuesday of the Month as the
meeting day with a 5:00 p.m. start time for closed session, and a 6:00 p.m. start time for the
regular session.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 Orangewood Avenue and Eckhoff Street Zone Change No. 1270 -13.
(Z1500.0 ZCG- 1270 -13)
Time set for a public hearing to consider approval of Zone Change 1270 -13 to rezone
properties in the Eckhoff Street/Orangewood Avenue 2010 General Plan Land Use Focus Area
to Office Professional (OP) and Light Manufacturing (Ml) in order to achieve consistency
between the existing Neighborhood Office Professional (NOP) and Light Industrial (LI)
General Plan land use designations and zoning in accordance with State law.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
October 8, 2013
NOTE: Councilmember Whitaker recused himself due to a possible conflict with his
employment and left the dais.
Principal Planner Anna Pehoushek provided the staff report and responded to questions by
Council stating:
• The action does not affect churches in the focus area, and they would still need a CUP;
• The change of zoning affects only new business tenants. No existing business tenant
would be negated due to zone change;
• Certain uses would become legal non - conforming and allowed to remain in perpetuity
except in certain rare circumstances;
• She explained that there are still a wide variety of industrial uses allowed in Ml v. M2
Zoning.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
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
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Whitaker
Moved approval of the finding.
ORDINANCE NO. 11 -13 (FIRST READING)
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 Sate Law.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSENT (RECUSED) — Whitaker
Moved that Ordinance No. 11 -13 be read by title only and same was approved for second
reading by the preceding vote.
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CITY COUNCIL MINUTES
12. RECESS TO CLOSED SESSION
October 8, 2013
The City Council recessed at 5:45 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. Public employee appointment/employment pursuant to Government Code Section
54957:
Title: - Community Development Director
13. ADJOURNMENT — The City Council adjourned at 6:30 p.m.
There was no 7 p.m. Session. The next Regular City Council Meeting will be held on
Tuesday, October 22, 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 8, 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 meeting; and available at the Civic Center City Clerk's Office.
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CITY LERK
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MAYOR
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