Council Minutes 02/26/13APPROVED BY THE CITY COUNCIL ON MARCH 12, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 26, 2013
The City Council of the City of Orange, California convened on February 26, 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 Robert Dargatz, Immanuel Lutheran Church
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
Recognition of Employee Service
2. PUBLIC COMMENTS — John Nelson, representing Orange Maintenance & Crafts
Employee Association, spoke on a letter that was sent to the City from the association.
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3. CONSENT CALENDAR
February 26, 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.A CITY CONSENT CALENDAR
3.1 Confirmation of Warrant Registers dated January 31, and February 7, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of February 12, 2013. (C2500.D)
ACTION: Approved.
3.3 Waive reading in full of all Ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with Orange Unified School District for Community Recreational
Purposes at Villefer Park, located at 615 N. Lemon Street. (A2100.0 Agr -5971)
ACTION: Approved Agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
BIDS
3.5 Final Acceptance of Bid No. 123 -09; SAVI Line Improvements Project performed
by Paulus Engineering, Inc.; and authorization to file the Notice of Completion
with the County Recorder. (No staff report required.) (A2100.0 Agr -5920)
ACTION: Accepted public work improvements, authorized release of North American
Specialty Insurance Company of New Hampshire, Bond No. 2148082 in the amount of
$117,600.00 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 February 26, 2013
3. CONSENT CALENDAR (Continued)
3.6 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. Barbara Taylor
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
DEEDS
(REMOVED AND HEARD SEPARATELY)
3.7 Authorize the Granting of Public Utility Easements on City properties to
Facilitate the Undergrounding of Public Utilities — Underground Utility District
No. 16 — in Old Towne Orange. (D4000.0)
Note: Councilmember Alvarez recused himself from this item due to a possible
property ownership conflict of interest.
Note: Councilmember Whitaker confirmed with the City Attorney that there did not
exist a conflict of interest with his employment, and participated in the vote.
Discussion — City Attorney Wayne Winthers stated that staff has removed the deed for
Easement No. 3 because it is not a City -owned property.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Murphy, Bilodeau
ABSTAIN (RECUSED) - Alvarez
Moved to: 1) Authorize the granting of public utility easements on City properties; and
2) Execute Easement Deeds in favor of the public utility companies with the exception
of Easement No. 3.
PURCHASES
3.8 Purchase of One Fire Apparatus Vehicle through a Cooperative Purchasing
Agreement for one Seagrave Quint 100 foot HGAC -Buy for the Orange Fire
Department, in the amount of $1,059,683.80. (A2100.0 Agr -5973)
ACTION: 1) Authorized the purchase; and 2) Authorized the City Manager to
surplus the two replaced pieces of equipment.
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CITY COUNCIL MINUTES February 26, 2013
3. CONSENT CALENDAR (Continued)
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.9 First Amendment to Attorney Services Agreement between the Successor Agency
to the Orange Redevelopment Agency (SAORA) and the Law Firm of Kane,
Ballmer & Berkman to Provide Legal Services with regard to the Successor
Agency. (A2100.0 Agr- 5911.1)
ACTION: 1) Approved Agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Successor Agency; and 2) Directed staff to transmit the First
Amendment for approval by the Oversight Board of the Successor Agency to the
Orange Redevelopment Agency.
3.10 Attorney Services Agreement between the Successor Agency to the Orange
Redevelopment Agency and the Law Firm of Kane, Ballmer & Berkman to
Provide Litigation Services. (A2100.0 Agr -5972)
ACTION: 1) Approved Agreement and authorized the Chairman and 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.
3.11 Agreement between the Successor Agency to the Orange Redevelopment Agency
and Nieves Landscape, Inc., for Landscape Maintenance Services for Successor
Agency properties, in the amount of $12,000.00. (A2100.0 Agr- 5919.A)
ACTION: Approved Agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Successor Agency.
3.12 Agreement between the Successor Agency to the Orange Redevelopment Agency
and West Coast Arborists, Inc., for Tree Trimming Services for Successor Agency
properties, in the amount of $12,000.00. (A2100.0 Agr- 5905.A)
ACTION: Approved Agreement and authorized the Chairman and Agency Clerk to
execute on behalf of the Successor Agency.
3.13 Agreement with Alley Cat Development, Inc., for Planter Repair at 230 E.
Chapman Avenue, in the amount of $85,668.00.
Note: Staff requested this item be pulled from the agenda.
ACTION: Item pulled, no action taken.
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.14 RESOLUTION NO. SAORA -008 (SA1000.0)
A Resolution of the Successor Agency to the
Approving a Recognized Obligation Pay.
Administrative Budget for the Period Covering
31, 2013, Pursuant to Section 34177(1)(2)(A)
Redevelopment Law.
February 26, 2013
Orange Redevelopment Agency
vent Schedule and Related
July 1, 2013 through December
of the California Community
NOTE: Agency Counsel Wayne Winthers stated that due to conflicts of interest,
Directors Bilodeau, Whitaker, and Alvarez will abstain from voting on certain ROPS
line items. He also made a correction on the last page of the exhibit on the staff report.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to 1) Approve Resolution and direct Agency Clerk to record previously stated
abstentions and reasons therefore as part of the minutes; and 2) Direct staff to transmit
ROPS 13 -14A and related Administrative Budget to the Oversight Board of the
Successor Agency to the Orange Redevelopment Agency.
Ahs tent ions. -
Director Bilodeau:
Line Item No. 11 (County Sewer User Fee) due to his employment with the County of Orange.
Director Whitaker:
Line Item No. 7 (SC Fuels) due to SC Fuels as law firm client
Line Item No. 18 (Property Maintenance) due to Metrolink as law firm client
Line Item Nos. 21 -22 (CAM) due to Metrolink as law firm client
Line Item No. 27 -32 (Metrolink Parking Structure) due to Metrolink as law firm client
Line Item Nos. 51 -52 (Metrolink Parking Structure) due to Metrolink as law firm client
Line Item No. 53 (OCTA) due to Metrolink as law firm client
Line Item No. 73 (Tierra West) due to Metrolink as law firm client
Line Item No. 82 (Reserve from ROPS2) due to Metrolink as law firm client.
Director Alvarez:
Line Item Nos. 15 -16 (Royer & South Grand Apts) due to property ownership in area
Line Item No. 18 (Property Maintenance) due to property ownership in area
Line Item Nos. 19-22 (CAM, Nieves, WCA) due to property ownership in area
Line Item Nos.27 -32 (Metrolink Parking Structure) due to property ownership in area
Line Item Nos. 51 -53 (Metrolink Parking and OCTA) due to property ownership in area
Line Item No. 73 (Tierra West) due to property ownership in area
Line Item Nos. 74 -77 (Property Maintenance contracts) due to property ownership in area
Line Item No. 82 (Reserve from ROPS2) due to property ownership in area
Line Item Nos. 84 -87 (Property Maintenance) due to property ownership in area
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CITY COUNCIL MINUTES February 26, 2013
3. CONSENT CALENDAR (Continued)
MOTION - Smith
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Items 3.7 and 3.14 were removed and heard separately. Item 3.13 was removed from
the agenda. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
* * * * * * * * **
4. REPORTS FROM MAYOR SMITH
Community Services Director Marie Knight provided an update on the plans for the City's
125 Birthday celebration to be held on April 6 th from noon to 2:30 p.m. in the Plaza.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER
8.1 Salem Lutheran update.
City Manager John Sibley recommended the establishment of a two - member Council sub-
committee to meet with the Orange Park Acres community and the applicant, to resolve issues
with the church expansion project.
Mayor Smith named Mayor pro tem Murphy, and Councilmember Alvarez to the sub-
committee to exercise due diligence on the issues, and ensure the project is processed in a
timely manner.
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9. LEGAL AFFAIRS
February 26, 2013
9.1 ORDINANCE NO. 01-13(A) (SECOND READING) (Z1500.0 ZCG- 1267 -12A)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1267 -
12(A) Rezoning Certain Properties in the Old Towne "Focus Area" Generally Located North
of Palm Avenue, East of Batavia and West of the Railroad Tracks to Single Family Residential
(R -1), in order to Establish Consistency Between the Low Density Residential General Plan
Land Use Designation and the Zoning Classification in Accordance with State Law.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 01 -13A be read by title only and same was approved and adopted
by the preceding vote.
Note: Councilmember Bilodeau initially voted yes on this item; but prior to Closed Session,
noted his intent was to vote No.
9.2 ORDINANCE NO. 01-13(C) (SECOND READING) (Z1500.0 ZCG- 1267 -12C)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1267 -
12(C) Rezoning Certain Properties in the Old Towne "Focus Area" Generally Located South
of Palm Avenue, East of The Railroad Tracks and West of Glassell Street to Single Family
Residential (R -1), in order to Establish Consistency Between the Low Density Residential
General Plan Land Use Designation and the Zoning Classification in Accordance with State
Law.
Note: Councilmember Alvarez recused himself due to a possible property ownership conflict
of interest.
MOTION - Whitaker
SECOND - Murphy
AYES - Whitaker, Smith, Murphy, Bilodeau
ABSTAIN (RECUSED) - Alvarez
Moved that Ordinance No. 01 -13C be read by title only and same was approved and adopted
by the preceding vote.
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CITY COUNCIL MINUTES February 26, 2013
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:00 p.m. to a Closed Session for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Attorney.
b. 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: City of Orange Police Association, City of Orange Police
Management Association, and Executive Directors and Top Management
Employees.
c. 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 5:35 p.m.
There was no 7:00 p.m. Session.
The next Regular City Council Meeting will be held on Tuesday, March 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 February 26, 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.
M . )MURPHY
CITY CLERK
1
TERESA E. SMITH
MAYOR
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