Council Minutes 09/25/12APPROVED BY THE CITY COUNCIL ON OCTOBER 9, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 25, 2012
The City Council of the City of Orange, California convened on September 25, 2012 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 Chaplain John Adams, Town & Country Manor
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Denis Bilodeau
1.3 ROLL CALL
PRESENT - Whitaker, Cavecche, Bilodeau, Dumitru
ABSENT - Smith
NOTE: Councilmember Bilodeau was absent from the 7:00 p.m. session.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Employee Service
2. PUBLIC COMMENTS — Larry Haynes, Mercy House Executive Director, stated that
they have submitted a letter to rescind their request for reasonable accommodation and
confirmed the intent is for permanent affordable housing for a family. He further
apologized for any inconvenience to staff or concerns for neighbors.
David Flanagan — Requested the City landscape the property at the Water Yard which
is across the street from his home and currently an eyesore.
Mayor Cavecche stated she would meet with the City Manager and Public Works
Director to determine how to remedy the situation with the Water Yard.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
September 25, 2012
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 September 6 and September 13, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of September 11, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with Rancho Santiago Community College District for the Traffic
Signal Maintenance of the Santiago Canyon College Entry Drives at (1) Chapman
Avenue and Shopping Center Driveway, east of Trails End Lane; and (2) Santiago
Canyon Road and Highbrook Road. (A2100.0 Agr -5917)
NOTE: Councilmember Whitaker registered a recusal due to a possible conflict as he
is a Trustee on the College District Board.
ACTION: 1) Approved the agreement and authorized the Mayor and the City Clerk to
execute on behalf of the City; and 2) Approved a budget adjustment for Fiscal Year 13,
for future traffic signal maintenance at Santiago Canyon College entry drives, as
follows: a) increase revenue by $80,000 in Account No. 100.5032.45560.0000.
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CITY COUNCIL MINUTES September 25, 2012
3. CONSENT CALENDAR (Continued)
3.5 Amendment No. 2 to Cooperative Agreement between the Successor Agency to the
Orange Redevelopment Agency, the City of Orange, and the Orange County
Transportation Authority for Parking Capacity Expansion at the Orange Santa
Fe Depot. (A2100.0 Agr- 5437.2)
(See related Consent Calendar Item No. 3. 10.)
NOTE: Councilmember Whitaker registered a recusal due to a possible conflict with
his employment.
ACTION: Approved the Amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.6 Agreement with City Attorney Wayne Winthers for Terms of Employment.
(A2100.0 Agr -5918)
ACTION: Approved the agreement and authorized the Mayor and the City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.7 Appropriation of Donation from the Orange Public Library Foundation (OPLF)
for Children and Teen Books, eBooks, and Homework Material. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $20,437.60 donation from the
OPLF to Account No. 100.2001.48390.19322 (Library Foundation Donation); and 2)
Appropriate the OPLF donation to Account No. 100.2001.53301.19322 (Book Budget
— OPLF).
BIDS
3.8 Bid No. 123 -02; Approval of plans and specifications, and request authorization to
advertise for bids for the Federal Highway Safety Improvement Program (HSIP)
3- Street Solar Powered Radar Speed Feedback Signs Project. (S4000.S.3.3)
ACTION: Approved the plans and specifications, and authorized advertising for bids
for the HSIP 3- Street Radar Feedback Signs Project.
3.9 Bid No. 123 -01; Approval of plans and specifications, and request authorization to
advertise for bids for the Federal Highway Safety Improvement Program (HSIP)
4- Street Solar Powered Radar Speed Feedback Signs Project. (S4000.S.3.3)
ACTION: Approved the plans and specifications, and authorized advertising for bids
for the HSIP 4- Street Radar Feedback Signs Project.
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CITY COUNCIL MINUTES September 25, 2012
3. CONSENT CALENDAR (Continued)
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.10 Amendment No. 2 to Cooperative Agreement between the Successor Agency to the
Orange Redevelopment Agency, the City of Orange, and the Orange County
Transportation Authority for Parking Capacity Expansion at the Orange Santa
Fe Depot. (A2100.0 Agr- 5437.2)
(See related Consent Calendar Item No. 3.5.)
NOTE: Councilmember Whitaker registered a recusal due to a possible conflict with
his employment.
ACTION: Approved the Amendment and authorized the Chairman and Agency Clerk
to execute on behalf of the Successor Agency.
3.11 Agreement with Nieves Landscape, Inc. for Landscape Maintenance Services for
Successor Agency Properties, in an amount not to exceed $12,000, period of July 1,
2012 through June 30, 2013. (A2100.0 Agr -5919)
ACTION: Approved the Agreement, and authorized the Chairman and Agency Clerk
to execute on behalf of the Successor Agency.
MOTION
- Cavecche
SECOND
- Dumitru
AYES
- Whitaker, Cavecche, Bilodeau, Dumitru
ABSENT -
Smith
Councilmember Whitaker registered a recusal on Items 3.4, 3.5, and 3.10 due to
possible conflicts of interest. All items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE — Mayor Cavecche stated her intent to
agendize the City's party ordinance on October 9 th to address some concerns that have been
brought to her attention by Chapman University administrators. She added that she has
received many complaints from the University's neighbors.
City Manager John Sibley stated he has an upcoming meeting with the administrators and will
provide a report to the Mayor on the discussion.
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CITY COUNCIL MINUTES September 25, 2012
5. REPORTS FROM COUNCILMEMBERS
5.1 Mayor pro tem Bilodeau and Councilmember Whitaker — Request Support for
Proposition 32 which Removes Special Interest Money from Politics. (C2500.D)
Speaker — Scott Dutenhoefer, Chairman of the Board of Directors, Orange Chamber of
Commerce, spoke in support of the Resolution.
Discussion — Mayor pro tem Bilodeau and Councilmember Whitaker explained Proposition 32
adds further restrictions on political fundraising through payroll deductions, and would put
California in line with federal election laws, making contributions more of a voluntary action
by individuals.
RESOLUTION NO. 10679
A Resolution of the City Council of the City of Orange, California, Supporting Proposition 32
-- an Initiative Statute on the November 6, 2012 Ballot, Prohibiting Political Contributions by
Payroll Deductions, and Adding Further Prohibitions on Contributions to Candidates.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Cavecche, Bilodeau, Dumitru
ABSENT - Smith
Moved to approve Resolution No. 10679.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Update on Implementation of the Recommendations from the Organizational
Assessment for Police Services. (C2500.K)
Discussion — Assistant City Manager Rick Otto provided an update on the recommendations
regarding mobile data computers, a video /audio system, the records management system, and
police officer staffing.
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CITY COUNCIL MINUTES September 25, 2012
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Bilodeau received clarification from Mr. Otto who stated that initially an in -car
video system is being tested that includes digital audio recorder (DAR) capability, adding that
a system with on- person video functionality is not available yet. He added that in four to six
months the options available, and right technology, should be known for bidding purposes.
Mayor Cavecche received confirmation from staff that the recruitment for the Volunteer
Coordinator vacant position will commence immediately. Mr. Otto acknowledged that the
technology systems will be compatible, that funding is being incorporated in future IT budgets,
and that police staff is searching for grants for replacement of the records management system.
Mr. Otto confirmed Councilmember Whitaker's understanding that with current extra police
vehicles, the fully- burdened expense of adding positions would be lower. He also stated that
the next update would come during budget study sessions at the beginning of next year.
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Cavecche, Bilodeau, Dumitru
ABSENT
- Smith
Moved to receive and file.
7.2 Update on Implementation of the Recommendations from the Organizational
Assessment for Development Services. (C2500.G.2.0)
Discussion — Assistant City Manager Rick Otto spoke on streamlining the project review and
permitting process. He further stated that staff is reviewing the zoning code to identify
opportunities to save applicants time and money. He requested a study session for further
discussion and direction.
Mr. Otto received comments from the Council on returning with changes to update the zoning
code; agreement that the DRC should be focused on Old Towne issues and the historic
districts; and a request to provide an overarching report with an entire overview of the
development process review as put forward in the operational assessment to include
implementation of 39 recommendations with timelines.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Cavecche, Bilodeau, Dumitru
ABSENT - Smith
Moved to receive and file. Direction was given to hold a study session on October 23 to
provide Council with an overarching report on the implementation of the Development
Services recommendations.
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8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
September 25, 2012
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:30 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,
Steven Pham, Human Resources /Employee Relations Director, and Mike Harary, Assistant
Human Resources Director
Employee Organizations: All Bargaining Units
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.
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CITY COUNCIL MINUTES
7:00 P.M. SESSION
September 25, 2012
NOTE: Councilmembers Smith and Bilodeau were absent from the meeting.
12. PUBLIC COMMENTS — Karen Finn spoke on any action to raise taxes being placed
on the ballot for voters to decide, firefighters and law enforcement personnel raises, and
sidewalk and street repairs needed in her neighborhood.
13. PUBLIC HEARINGS
13.1 ZONE CHANGE 1265 -12 — UPTOWN ORANGE LAND USE FOCUS AREA.
(Z1500.0)
Time set for a public hearing to consider Ordinance No. 12 -12 approving Zone Change 1265-
12 to rezone properties in the portion of the Uptown Orange 2010 General Plan Land Use
Focus Area east of The City Drive, south and west of Interstate 5, and north of the intersection
of The City Drive and Metropolitan Drive to Public Institution.
Discussion — Acting Community Development Director Ed Knight provided a staff report.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION
- Dumitru
SECOND
- Cavecche
AYES -
Whitaker, Cavecche, Dumitru
ABSENT -
Smith, Bilodeau
Moved to 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.
ORDINANCE NO. 12 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1265 -12
Rezoning Properties in the Portion of the Uptown Orange 2010 General Plan Land Use Focus
Area east of the City Drive, south and west of Interstate 5, and north of the Intersection of the
City Drive and Metropolitan Drive to Public Institution to Establish Consistency between the
Public Facilities and Institutions General Plan Land Use Designation and Zoning
Classification, in Accordance with State Law.
Zone Change 1265 -12
Applicant: City of Orange
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CITY COUNCIL MINUTES September 25, 2012
13. PUBLIC HEARINGS (Continued)
MOTION
- Dumitru
SECOND
- Cavecche
AYES -
Whitaker, Cavecche, Dumitru
ABSENT -
Smith, Bilodeau
Moved that Ordinance No. 12 -12 be read by title only and same was set for second reading by
the preceding vote.
13.2 ZONE CHANGE 1266 -12 KATELLA CORRIDOR LAND USE FOCUS AREA.
(Z1500.0)
Time set for a public hearing to consider Ordinance No. 13 -12 approving Zone Change 1266-
12 to rezone properties in the Katella Corridor 2010 General Plan Land Use Focus Area to
General Business (C -2).
NOTE: Councilmember Whitaker recused himself from this item due to a possible conflict
with his employment.
The Council lacked a Quorum. The item was moved to the October 9, 2012, City Council
meeting at 4:30 p.m.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT — The City Council adjourned at 7:10 p.m.
The next Regular City Council meeting will be held on Tuesday, October 9, 2012 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 September 25, 2012 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.
MURPHY
CITY CLERK
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