Council Minutes 09/11/12APPROVED BY THE CITY COUNCIL ON SEPTEMBER 25, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 11, 2012
The City Council of the City of Orange, California convened on September 11, 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 Pastor Chris Singer, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Orange Little League 11/12 Major All -Stars as the 2012 Southern
California State Champions
2. PUBLIC COMMENTS — The following residents spoke concerning Mercy House and
the impacts to their neighborhood, and asked the Council to schedule a hearing on its
operation:
Barbara Magnuson
Kevin Magnuson
Seth Townsend
Blair Smith
Raymond Yognal
Dean Thomas
Dianna Mohrhoff
Ken Mohrhoff
City Attorney Wayne Winthers clarified for the Council that he has been in contact
with the operators of Mercy House, and that he would advise on the matter after further
review.
Diane Montgomery — Spoke regarding minimum staffing levels for the Fire
Department.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
September 11, 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.
3.1 Confirmation of warrant registers dated August 16, 23, and 30, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 28, 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 Bureau Veritas North America, Inc. for Plan Check Services in
the amount of $70,000.00 for FY 2012 -13. (A2100.0 Agr- 3100.I)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement with the State of California Office of Traffic Safety (OTS) for the
Selective Traffic Enforcement Program Grant for Federal Fiscal Year 2013.
(A2100.0 Agr- 5117.E)
ACTION: 1) Approved agreement (when received) with the State of California OTS for
the grant and authorized the City Manager to execute the agreement on behalf of the
City; and 2) Appropriated $91,319 from Account 100.4041.45290.30015, into the
Traffic Program, as follows:
100.4041.50221.30015.0007
$41,000
Overtime - Safety DUI Saturations
100.4041.50612.30015.0007
$
50
Unemployment DUI Saturations
100.4041.50614.30015.0007
$
600
Medicare DUI Saturations
100.4041.50221.30015.0006
$
2,900
Overtime- Safety Warrant Servicing
100.4041.50612.30015.0006
$
10
Unemployment Warrant Servicing
100.4041.50614.30015.0006
$
50
Medicare Warrant Servicing
100.4041.50221.30015.0066
$16,500
Overtime- Safety Traffic Enforcement Operations
100.4041.50612.30015.0066
$
20
Unemployment Traffic Enforcement Operations
100.4041.50614.30015.0066
$
250
Medicare Traffic Enforcement Operations
100.4041.50221.30015.0067
$
4,450
Overtime- Safety Motorcycle Operations
100.4041.50612.30015.0067
$
15
Unemployment Motorcycle Operations
100.4041.50614.30015.0067
$
65
Medicare Motorcycle Operations
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
September 11, 2012
100.4041.50221.30015.0068
$17,800
Overtime - Safety Distracted Driving Operations
100.4041.50612.30015.0068
$
25
Unemployment Distracted Driving Operations
100.4041.50614.30015.0068
$
265
Medicare Distracted Driving Operations
100.4041.51840.30015.0000
$
3,000
Local Training
100.4041.55131.30015.0000
$
4,319
Equipment
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. Noreen Hermance
b. Jhajaira Godoy Guzman
c. Beatrice Buus
d. State Farm — subrogation claim for Laurie Meyer
e. Frank Centola
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Whitaker - Display of the National Motto, "In God We Trust" in the
Council Chambers. (C2500.D.9)
Discussion — Councilmember Whitaker stated that $2900 in donations had been collected for
the installation, maintenance, and repair of the motto proposed for two locations in the Council
Chambers. He further thanked the community for their generous response.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to: 1) Approve the two proposed locations for the National Motto in the Council
Chambers; and 2) Accept donations to fund the entire project including installation.
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CITY COUNCIL MINUTES September 11, 2012
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Development Service Organizational Assessment — Update on Alternative Service
Delivery Options for Street Sweeping Operations (Continued from August 28, 2012).
(C2500.M)
Discussion — Michael Wolfe, Deputy Public Works Director /Field Operations, provided the
staff report. He responded to questions from the Council on the life span of a sweeper, quality
control plan, how debris is disposed, meeting the requirement for CNG vehicles, current
number of sweeper employees, set routes not expected to change, and coverage of emergency
call -out costs.
Assistant City Manager Rick Otto stated that rates will be set forth in the agreement and would
have a built in annual increase with controls. He also stated that through attrition and
vacancies there are open positions in the department for affected staff.
Councilmember Smith noted concerns with reduced sweeping schedules during certain times
of the year.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to authorize the advertisement of the Request for Proposal for alternative service
delivery of street sweeping operations with removal of the two requirements in the Scope of
Work requiring "all sweepers shall be top- dump ", and "bottom dump sweepers shall not be
used within the City."
8. REPORTS FROM CITY MANAGER - None
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CITY COUNCIL MINUTES September 11, 2012
9. LEGAL AFFAIRS
9.1 SANTA FE DEPOT SPECIFIC PLAN UPDATE. (C2300.J)
NOTE: Councilmember Whitaker recused himself due to a potential conflict with his
employment and left the dais.
ORDINANCE NO. 08 -12 (SECOND READING)
An Ordinance of the City Council of the City of Orange Adopting the Santa Fe Depot Specific
Plan Update.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) - Whitaker
Moved that Ordinance No. 08 -12 be read by title only and same was approved and adopted by
the preceding vote.
ORDINANCE NO. 09-12 (SECOND READING)
An Ordinance of the City Council of the City of Orange Adopting Zone Change No. 1255 -09
to Establish the Specific Plan Zoning Designations for the Properties Within the Boundaries of
the Santa Fe Depot Specific Plan Update.
Zone Change 1255 -09
Applicant: City of Orange
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) - Whitaker
Moved that Ordinance No. 09 -12 be read by title only and same was approved and adopted by
the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
September 11, 2012
11. RECESS TO CLOSED SESSION - The City Council recessed at 5:25 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.
12. ADJOURNMENT — The City Council adjourned at 7:20 p.m.
There was no 7:00 p.m. Session.
The next Regular City Council meeting will be held on Tuesday, September 25, 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 11, 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.
URPHY
CITY CLERK
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