Council Minutes 02/12/13APPROVED BY THE CITY COUNCIL ON MARCH 12, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 12, 2013
The City Council of the City of Orange, California convened on February 12, 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 Carl Friedrich, Praise Chapel Orange County
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
Presentation of MADD Deuce Awards
2. PUBLIC COMMENTS - None
PAGE
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
February 12, 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 January 17, and January 24, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of January 22, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report for the Months of October, November, and December, 2012.
(C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Appropriation of Funds and Approval of Second Amendment to Agreement with
the Law Firm of Liebert, Cassidy and Whitmore to provide Labor Negotiations, in
an amount not -to- exceed $40,000.00. (A2100.0 Agr- 5728.A.2)
ACTION: 1) Appropriated $40,000.00 from unencumbered General Fund balance to
Account No. 100.0301.51611; and 2) Approved the agreement and authorized the Mayor
and City Clerk to execute on behalf of the City.
3.6 Purchase Agreement with Sidepath, Inc. for the Installation of VMware vSphere
Virtualization Infrastructure, in an amount not -to- exceed $72,182.00. (A2100.0
Agr -5968)
NOTE: Mayor pro tem Murphy recorded an abstention due to a possible conflict with his
employment.
PACE 2
CITY COUNCIL MINUTES February 12, 2013
3. CONSENT CALENDAR (Continued)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
APPROPRIATIONS
3.7 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.11)
ACTION: Appropriated $27,090.75 from Account No. 100.3023.48210.20160 to
Account No. 100.3023.51840.20160.
BIDS
3.8 Bid No. 123 -24; Annual Pavement Maintenance at Various Locations, FY 2012 -13.
Approval of plans and specifications and authorization to advertise for bids.
(S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Pavement Maintenance at Various Locations, FY 2012 -13 Project.
3.9 Bid No. 123 -25; Reservoirs No. 1 and 1A Paving Project. Approval of plans and
specifications and authorization to advertise for bids. (C2500.P)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Reservoirs No. 1 and I Paving Project.
3.10 Award Bid No. 123 -06 for the Purchase of Five Vehicles from Villa Ford of Orange,
in the amount of $121,635.31. (B4000.0)
NOTE: Mayor pro tem Murphy recorded an abstention due to a possible conflict with his
wife's employment.
ACTION: Authorized the purchase of three half -ton service trucks, one mid -size SUV,
and one compact SUV from Villa Ford of Orange; and authorized the City Manager to
surplus the replaced vehicles.
3.11 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. Liliana Nattes
b. Marlairia Goldine on behalf of Elisha Goldine - Hashim
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PAGE 3
CITY COUNCIL MINUTES February 12, 2013
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Award of Contract — Bid No. 123 -16; Male /Female Fire Facility Improvements to
Jen's Construction, Inc., in the amount of $159,570.88. (A2100.0 Agr -5969)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.13 Award of Contract — Bid No. 123 -21; Annual Concrete Replacement at Various
Locations, FY 2012 -13 to Kalban, Inc., in the amount of $404,000.00. (A2100.0 Agr -
5970)
ACTION: Awarded the contract and authorized the Mayor and the City Clerk to execute
on behalf of the City.
3.14 Final Acceptance of Bid No. 112 -18; Annual Paving Maintenance Project at Various
Locations, FY- 2011 -12 performed by R.J. Noble Company; and authorization to file
the Notice of Completion with the County Recorder. (No staff report required.)
(A2100.0 Agr -5868)
ACTION: Accepted public work improvements, authorized release of Travelers Casualty
and Surety Company of America of Connecticut, Bond No. 105692557 in the amount of
$2,793,892.50 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
GRANTS
3.15 Urban Areas Security Initiative (UASI) Grant: H1 -UASI Regional Training
Program and J2- Terrorism Liaison Officer (TLO) Program Allocation. (A2100.0
Agr- 5556.B)
ACTION: Appropriated the following amounts:
$13,615.62 from Account No. 100.3023.45495.20175 to Account No. 100.3023.51840.20175
(Fire Training -H 1 UASI Regional Training Program 2012);
$9,910.23 from Account No. 100.3023.45495.20176 to Account No. 100.3023.51840.20176
(Fire Training- J2 -TLO Program 2012);
$18,190.47 from Account No. 100.4081.45495.20175 to Account No. 100.4081.50221.20175
(Police - Homeland Security - Overtime Safety -H 1 UASI Regional Training Program 2012);
$13,240.06 from Account No. 100.4081.45495.20176 to Account No. 100.4081.50221.20176
(Police - Homeland Security - Overtime Safety -J2 TLO Program 2012);
$22,434.00 from Account No. 100.3023.45495.20177 to Account No. 100.3023.51840.20177
(Fire Training -H1 UASI Regional Training Program 2011);
$9,861.00 from Account No. 100.3023.45495.20178 to Account No. 100.3023.51840.20178
(Fire Training- J2 -TLO Program 2011);
$29,971.00 from Account No. 100.4081.45495.20177 to Account No. 100.4081.50221.20177
(Police - Homeland Security- Overtime Safety -Hl UASI Regional Training Program 2011);
$13,174.00 from Account No. 100.4081.45495.20178 to Account No. 100.4081.50221.20178
(Police - Homeland Security - Overtime Safety -J2 TLO Program 2011).
PAGE 4
CITY COUNCIL MINUTES February 12, 2013
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.16 RESOLUTION NO. 10698 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange City Firefighters, Inc. Local
2384 of the International Association of Fire Fighters, AFL -CIO, Concerning Wages,
Hours, and Other Conditions of Employment for the Period of July 1, 2012 Through and
Including June 30, 2015 and Repealing Resolution No. 10622 and Amendments Thereto
for Said Employees.
NOTE: Councilmember Bilodeau recorded a "No" vote on this item.
ACTION: Approved and authorized staff to make the necessary budget adjustments
and/or appropriations to the department's salary and benefit accounts to fund the
increased costs of the contract.
3.17 RESOLUTION NO. 10704 (S4000.S.4)
A Resolution of the City Council of the City of Orange Finding that the Southerly 244.5
Feet of the Alley located between Center Street and Shaffer Street, North of La Veta
Avenue, is No Longer Needed by the Public and Ordering the Vacation Thereof,
Reserving All Public Utility Easements.
ACTION: Approved
3.18 RESOLUTION NO. 10705 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line Adjustment
No. LL- 2012 -03 Adjusting the Lot Line between Two Lots of Certain Real Properties
Situated at 460 S. The City Drive, in the City of Orange, County of Orange, State of
California.
ACTION: Approved
MOTION - Bilodeau
SECOND -Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Mayor pro tem Murphy recorded an abstention on Items 3.6 and 3.10 due to possible
conflicts with employment. Councilmember Bilodeau recorded a "No" vote on Item
3.16. All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
PAGE 5
CITY COUNCIL MINUTES February 12, 2013
4. REPORTS FROM MAYOR SMITH
4.1 Update on Orange's 125 Birthday Celebration — Saturday April 6, 2013.
Community Services Director Marie Knight reported plans for this event include an old
fashioned block party at the plaza from noon to 2:30 with food, music, and many activities, as
well as commemorative t -shirts being sold, year -long street banner opportunities, and special
recognition of long -term citizens and businesses.
4.2 Report on the Indian Guides and Princesses YMCA Indy 500 Pinewood Derby
Challenge held on January 26 tH .
Mayor Smith announced that Councilmember Bilodeau and his son Robert were successful in
defending their first place finish for the fourth year in a row.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Request from Orange International Street Fair, Inc. (OISF) to Amend the 2011
Agreement for the Production of the Orange International Street Fair. (A2100.0 Agr-
1071.11)
Discussion - Deputy City Manager Irma Hernandez gave the staff report.
Fire Marshal Ian MacDonald addressed the Council's questions on the change from the Uniform
Fire Code to the International Fire Code and the effects on the Street Fair regulations.
Adam Feliz, Vice President, OISF, spoke on reasons for the request.
Council discussed with staff and Mr. Feliz their concerns, and clarified various points for future
consideration. They each expressed a need for further review to receive assurance that the
change is plausible, and that the Police and Fire Department's concerns are addressed.
Mayor Smith stated that the recent fairs have been successful, yet suggested as Council members
and staff walk around at the 2013 Fair, to consider possible changes and resulting effects, along
with improvements. These observations can then be points for the upcoming 2014 contract
discussions.
PACE 6
CITY COUNCIL MINUTES February 12, 2013
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Alvarez
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to deny request by OISF; therefore, the original agreement remains in place through the
end of the contract, December 31, 2013.
7.2 Request for Authorization to Issue Special Tax Refunding Bonds for Serrano
Heights Community Facilities District No. 91 -2. (A2100.0 Agr -5943)
Discussion - Finance Director Rich Jacobs provided the staff report, stating that the refinance
would save money for the property owners.
The bond consultants confirmed for Council that the refinance is an attractive refinancing deal.
The Council requested the homeowner's board be notified of the change for inclusion in their
community newsletter to inform the property owners.
RESOLUTION NO. 10706
A Resolution of the City Council of the City of Orange Authorizing the Issuance of Special Tax
Refunding Bonds of the City for and on behalf of City of Orange Community Facilities District
No. 91 -2 (Serrano Heights Public Improvements), and Approving Related Documents and
Actions.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to approve Resolution No. 10706.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
PAGE 7
CITY COUNCIL MINUTES February 12, 2013
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:55 p.m. and at 8:30 p.m. to a Closed Session for the following
purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Attorney.
NOTE: The following item was discussed at 8:30 p.m.
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.
PAGE 8
CITY COUNCIL MINUTES
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None
13. PUBLIC HEARINGS
February 12, 2013
13.1 OLD TOWNE ORANGE - ZONE CHANGE 1267- 12(A -D). (Z1500.0 ZCG -1267-
12)
Time set for a public hearing to consider Ordinance No. 01- 13(A -D) approving Zone Change
1267- 12(A -D) to rezone certain properties in the Old Towne Orange "Focus Area" (generally
located west of Glassell Street) to R -1 (Single - Family Residential). The subject Zone Change
addresses properties generally, located in the northwest and southwest quadrants of Old Towne.
Discussion - Senior Planner Jennifer Le provided a staff report.
Mayor Smith announced that discussion of this item would be segmented as Councilmembers
Alvarez and Whitaker were conflicted with various areas under consideration and would be
recusing themselves at the appropriate times. She also stated that the east /west boundary is the
railroad tracks, and the north/south boundary is Palm Street.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers —
Paul Guzman, Orange Barrio Historical Society, spoke in opposition;
Ryan Dierking, spoke in opposition;
Mary Matuzak, Old Towne Preservation Association, spoke in favor;
Michael Sivak, spoke in opposition;
Sandy McKenna, spoke in opposition;
Dan Slater, spoke in favor;
Jeff Frankel, Old Towne Preservation Association, spoke in favor.
THE MAYOR CLOSED THE PUBLIC HEARING.
Mayor Smith clarified with staff that building a loft or second - story, and the granting of an
accessory second unit, are allowed on property zoned R -1, if legal requirements and
development standards are met.
Ms. Le responded to a question from Councilmember Alvarez stating that if the Council did
not change the zoning, and it was not consistent with the General Plan, state law requires the
adoption of a general plan amendment,
1) ORDINANCE NO. 01-13(A) (FIRST READING)
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 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.
PAGE 9
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
February 12, 2013
Discussion - Council discussed the purpose of the proposed rezone, the current zoning, and the
ramifications of both.
Councilman Bilodeau questioned the rezoning on the very small lots in this area - some being
only 2000 to 3000 square feet.
MOTION - Whitaker
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Murphy
NOES - Bilodeau
Moved that Ordinance No. 01 -13(A) be read by title only and same was set for second reading
by the preceding vote.
2) ORDINANCE NO. 01 -13(B) (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1267 -12(B)
Rezoning Certain Properties in the Old Towne "Focus Area" Generally Located North 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 Whitaker recused himself due to a possible conflict with his
employment and left the dais.
Discussion - Councilmember Alvarez stated he could not support the rezone because it would
take value away from the property owners.
Mayor Smith stated she was guided by what is currently on the property and gave further
reasons why she supported the R -1 zoning.
Mayor pro tem Murphy confirmed with staff the zoning applied to a project at 468 N. Olive,
currently in process, and whether there were any time constraints on it.
Councilmember Bilodeau confirmed that the project on North Olive is held up by the fact that
they are requesting removal from the historic district designation.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy
NOES - Bilodeau, Alvarez
ABSENT (RECUSED) - Whitaker
Moved that Ordinance No. 01 -13(B) be read by title only and same was set for second reading
by the preceding vote.
(MOTION FAILED)
PAGE 10
CITY COUNCIL MINUTES February 12, 2013
13. PUBLIC HEARINGS (Continued)
3) ORDINANCE NO. 01-13(C) (FIRST READING)
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 conflict with property and
businesses he owns and left the dais.
Discussion - Senior Planner Jennifer Le responded to Council questions and stated that this
quadrant included a mix of single- and multi - family residential. She also stated that churches
are permitted in the R -1 zone, as well as schools with a CUP.
MOTION - Bilodeau
SECOND - Murphy
AYES - Whitaker, Smith, Murphy, Bilodeau
ABSTAIN (RECUSED) - Alvarez
Moved that Ordinance No. 01 -13(C) be read by title only and same was set for second reading
by the preceding vote.
4) ORDINANCE NO. 01-13(D) (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1267 -
12(D) Rezoning Certain Properties in the Old Towne "Focus Area" Generally Located South
Of Palm Avenue, West Of The Railroad Tracks, and East Of Batavia 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 Whitaker recused himself due to a possible conflict with his
employment and left the dais.
Discussion — Councilmember Alvarez stated there are many pre- existing apartments and
condominiums and that he is in conflict with changing zoning on something pre - existing,
adding that a legal non - conforming issue is being created by this action.
Ms. Le stated that everything currently on the ground would have a "permitted use" status,
rather than a "legal non - conforming use ", due to the previous Council adopting an ordinance to
address this situation.
PAGE 11
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
February 12, 2013
Council discussed the purpose of the formal action to rezone this area as an R -1 zone according
to the previous Council's designating it such in the General Plan adopted in 2010.
Mayor Smith stated a need for further review and suggested continuing this ordinance to the
March 12 meeting. She also requested larger maps, a narrative on the current number of
single- family and multi - family residences, a listing of the historic contributing versus non-
contributing structures, the zoning of all areas on the map, and a powerpoint presentation.
MOTION - Smith
SECOND - Alvarez
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Whitaker
Moved that Ordinance No. 01 -13(D) be continued to March 12 at 7:00 p.m.
14. PLANNING AND ENVIRONMENT — None
15. ADJOURNMENT — The City Council adjourned at 9:05 p.m.
The next Regular City Council Meeting will be held on Tuesday, February 26, 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 12, 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 reg ular m eeting; and available at the Civic Center City Clerk's Office.
r�L; MURPHY
CITY CLERK
TERESA E. SMITH
MAYOR
PAGE 12