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Council Minutes 07/09/13APPROVED BY THE CITY COUNCIL ON JULY 23, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 9, 2013 The City Council of the City of Orange, California convened on July 9, 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 Stan Van Den Berg, Covenant Presbyterian Church 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 invited the community to attend the Concerts in the Park series at Hart Park. The free shows begin July 10 through August 28 Announcement of Memorial Adjournment for Gladys Reeves, a longtime Orange Senior Center staff member. 2. PUBLIC COMMENTS - None Pate 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR July 9, 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. 3A. CITY CONSENT CALENDAR 3.1 Confirmation of warrant registers dated June 20 and June 27, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of June 25, 2013. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Amendment No. 4 to Master Funding Agreement No. C -1 -2777 between the City of Orange and Orange County Transportation Authority related to Comprehensive Transportation Funding Program and Local Fair Share Program Net Revenues. (A2100.0 Agr- 5790.4) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement with the County of Orange for the District Attorney's Office to Prosecute Violations of the Orange Municipal Code Involving Juvenile Offenders. (A2100.0 Agr- 5280.A) NOTE: Councilmember Bilodeau abstained on this item due to a potential conflict with his employment. ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City Page 2 CITY COUNCIL MINUTES July 9, 2013 3. CONSENT CALENDAR (Continued) 3.6 Attorney Services Agreement with the law firm Liebert Cassidy and Whitmore to Provide Labor Negotiations, in an amount not to exceed $75,000.00. (A2100.0 Agr- 5728.B) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Agreement with the Boys and Girls Club of Tustin for the Administration of After School Community Programs for School Age Youth in Orange. (A2100.0 Agr -6009) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPERATELY) 3.8 Agreement with Discovery Science Center for the Development, Maintenance and Presentation of Environmental Curriculum, in an amount not -to- exceed $17,500.00. (A2100.0 Agr -6010) Discussion - Mayor Smith introduced Shawn Fitzgerald from the Discovery Science Center who explained the eco- challenge exhibit for sixth grade students. Mayor Smith clarified with staff that CRV recycling funds were being used for this award winning program; and was an appropriate use of these funds. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to 1) Direct staff to modify the agreement to include language that will allow the City to make a series of start-up payments to the Discovery Science Center, in the amount of $6,062.00; and 2) Approve the agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement for Reimbursement of Administrative and Other Expenses between the City of Orange and the Successor Agency to the Orange Redevelopment Agency providing for repayment to the City of advances made to the Successor Agency for certain administrative costs and other expenses. (A2100.0 Agr -6011) (See related Consent Calendar Item No. 3.15.) ACTION: Approved the agreement authorized the Mayor and City Clerk to execute on behalf of the City. Page 3 CITY COUNCIL MINUTES July 9, 2013 3. CONSENT CALENDAR (Continued) 3.10 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. Evelyn Murphy ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.11 Award of Contract: Bid No. 123 -31; Batavia Street and Water Street Storm Drain Improvements Project. (A2100.0 Agr -6012) ACTION: Awarded the contract in the amount of $213,539.00 to Bali Construction, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. FACILITIES 3.12 Request to Close the Orange Public Library & History Center on the Following Dates for FY 2013 -14: Friday, August 30 at 2:30 p.m. and Saturday, August 31 all day for the Orange International Street Fair. Close all Orange Public Library Facilities on Wednesday, November 27 at 6:00 p.m. for Thanksgiving; and Monday, January 20, 2014 all day for Library Staff Development Day. (C2500.I) ACTION: Approved. PURCHASES 3.13 Purchase of Print Materials for Orange Public Library Facilities from Baker & Taylor, Inc., in the amount of $75,000.00. (C2500.I) ACTION: Approved. REPORTS 3.14 General Plan Annual Progress Report for Submittal to the State of California. (C2300.E) ACTION: Received and filed. Page 4 CITY COUNCIL MINUTES July 9, 2013 3. CONSENT CALENDAR (Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.15 Agreement for Reimbursement of Administrative and Other Expenses between the City of Orange and the Successor Agency to the Orange Redevelopment Agency providing for repayment to the City of advances made to the Successor Agency for certain administrative costs and other expenses. (A2100.0 Agr -6011) (See related Consent Calendar Item No. 3.9.) ACTION: Approved the agreement and authorized the Chairman and Agency Clerk to execute on behalf of the Successor Agency. 3.16 Final Acceptance of Bid No. 123 -17; Re- Roofing of Ruby's Diner at Orange Depot performed by Danny Letner, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5956) ACTION: Accepted public work improvements, authorized release of Arch Insurance Company, Bond No. SU 1118557 in the amount of $77,290.00 to the contractor on said job, and authorized the Chairperson and Successor Agency Clerk to execute the Notice of Completion. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Councilmember Bilodeau abstained on Item 3.5 due to a potential conflict with his employment. Item 3.8 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH - None 5. REPORTS FROM COUNCILMEMBERS - Councilmember Bilodeau announced the Orange County Fair Express Bus makes a stop at the Village at Orange. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None Page 5 CITY COUNCIL MINUTES July 9, 2013 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER City Manager John Sibley expressed his appreciation to staff for their excellent work in creating educational programs using CRV funds. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 06-13 (SECOND READING) (A2500.0 Ord -06 -13 Transitional and Supportive Housing) An Ordinance of the City Council of the City of Orange Amending Title 17 (Zoning) of the Orange Municipal Code to Allow for Transitional Housing and Supportive Housing in Single Family Residential, Duplex Residential, Multi - Family Residential, Old Towne Mixed Use, and Public Institution Zoning Districts either as a Permitted or Conditionally Permitted Use Pursuant to State Law; to Assign Parking Standards for Transitional Housing and Supportive Housing; and to Recognize Existing Transitional Housing and Supportive Housing Located in the Old Towne Mixed Use Zones as a "Permitted Use" Allowing Such Uses to Renovate, Reconstruct, or Expand, Subject to Compliance with Development Standards. Applicant: City of Orange MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 06 -13 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 07-13 (SECOND READING) (Z1500.0 ZCG- 1264 -12) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1264 -12 to Place a Single - Family Residential (R -1 -7) Zone on Previous Railroad Right -of -Way with an APN of 094 - 593 -28. Applicant: Carlos San Roman MOTION - Whitaker SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved that Ordinance No. 07 -13 be read by title only and same was approved and adopted by the preceding vote. Page 6 CITY COUNCIL MINUTES July 9, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. PUBLIC HEARINGS 11.1 COLLECTION OF SANITATION CHARGES ON COUNTY PROPERTY TAX ROLLS FROM "SANITATION ONLY CUSTOMERS ". (C2500.J) Time set for a public hearing to consider adoption of a resolution determining to collect sanitation charges on the county property tax rolls for 682 residential accounts that are provided water service by other water agencies. Discussion - Deputy City Manager Irma Hernandez gave the staff report. Councilmember Bilodeau confirmed with staff that this action is not a new tax or fee, it only shifts a sanitation charge for the sanitation only accounts from a direct City billing to the property tax bill as a separate line item. Mayor Smith clarified with staff that a City of Orange telephone number will appear on the property tax bill and the Utility Billing Department will respond to any customer issues. MAYOR SMITH OPENED THE PUBLIC HEARING Robert Crane, asked for clarification on a new charge increasing property tax bills. Finance Director Rich Jacobs explained that this sanitation charge will be a separate line item on the bill and does not increase the property tax, which is capped at 2 %. MAYOR SMITH CLOSED THE PUBLIC HEARING RESOLUTION NO. 10725 A Resolution of the City Council of the City of Orange Determining to Collect Sanitation Charges on the Property Tax Rolls. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to approve Resolution No. 10725. Page 7 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) July 9, 2013 11.2 GENERAL PLAN AMENDMENT 2013 -0001 — AMENDMENT TO THE GENERAL PLAN CIRCULATION AND MOBILITY ELEMENT; CRITICAL INTERSECTION INCONSISTENCIES. (C2300.E GPA- 2013 -0001) Time set for a public hearing to consider amending the Master Plan of Streets and Highways by addressing the inconsistencies in the "critical intersections" by removing the "critical intersection" designation from nine (9) intersections and adding the "critical intersection" designation to four (4) intersections. In addition, the subject General Plan Amendment makes minor clarifications to the text description of the Critical Intersection Program and re- labels streets located in the City of Villa Park as "Roadways Outside of Planning Area ". NOTE: Staff requested continuance to August 13, 2013, at 4:30 p.m. MOTION - Smith SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to continue this item to the August 13, 2013 City Council meeting at 4:30p.m. 12. 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: All Bargaining Units except Orange City Firefighters. 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. Page 8 CITY COUNCIL MINUTES July 9, 2013 13. ADJOURNMENT — There was no 7:00 p.m. Session. The City Council adjourned at 6:30 p.m.in Memory of Gladys Reeves, a longtime Orange Senior Center staff member. The next Regular City Council Meeting will be held on Tuesday, July 23, 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 July 9, 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 Cent City Clerk's Office. M RP CITY CLERK (��, 'tu �-C4XO6 TERESA E. SMITH MAYOR Page 9