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Council Minutes 08/28/12APPROVED BY THE CITY COUNCIL ON SEPTEMBER 11, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 28, 2012 The City Council of the City of Orange, California convened on August 28, 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 Danny Kurimay, Zion Christian Center 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Teresa Smith 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Bilodeau ABSENT - Dumitru 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of O. C. Premier's Silver Elite U19 Team — No Fear Presentation of Retirement Resolution to Community Development Director Alice Angus Recognition of Employee Service 2. PUBLIC COMMENTS Michael Ristig, spoke against the proposed development of the Peralta school site. Dan Graupensperger, spoke against the proposed development of the Peralta school site. Pate 1 CITY COUNCIL MINUTES August 28, 2012 PUBLIC COMMENTS — (Continued) The following spoke concerning the ongoing contract negotiations with the Firefighters' Association, the impact of reduced staffing levels and the safety of the community: Greg Lewin Dennis Cole Dam Tiqui Justin Camba Janette Peterka Jennifer Gerard Dan Peterka Carol Graupensperger 3. CONSENT CALENDAR 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 July 31, August 2, and August 9, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of August 14, 2012. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. Page 2 CITY COUNCIL MINUTES August 28, 2012 3. CONSENT CALENDAR (Continued) 3.4 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. Jeremy Bruce Johnson b. Mazen Gammoh c. Time Warner Cable — December 5, 2011 incident ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PURCHASES 3.5 Purchase Firefighter Safety Gear from L.N. Curtis & Sons in the amount of $77,000.00 for FY 2012 -13. (C2500.H) ACTION: Authorized the purchase of Firefighter Safety Gear from L.N. Curtis & Sons. 3.6 Purchase of Eight Police Patrol Vehicles through a Cooperative Purchasing Agreement; including Outfitting Seven of the Units with Code 3 Equipment and One of the Units with Undercover Code 3 Equipment for Replacement of a Damaged Gang Unit Vehicle, in the amount of $285,540.92. (C2500.K) ACTION: Authorized the purchase of seven Police Patrol Vehicles and one Gang Unit Vehicle from McPeek Dodge; awarded the contract for building /outfitting the vehicles to Hi Standard, of Orange, CA.; and authorized the City Manager to surplus the replaced vehicles. REPORTS 3.7 Independent Accountants' Report on Agreed -Upon Procedures on the Bargaining Unit's Payroll. (C2500.J.1.3) ACTION: Received and filed. Page 3 CITY COUNCIL MINUTES August 28, 2012 3. CONSENT CALENDAR (Continued) 3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.8 Agreement with Lance, Soll & Lunghard to provide Audit Services with regard to Due Diligence Review required under Assembly Bill 1484. (A2100.0 Agr -5914) ACTION: Approved the agreement and authorized the Chairman and Successor Agency Clerk to execute on behalf of the Successor Agency. 3.9 Revised Summary Sheet for Recognized Obligation Payment Schedule (ROPS3) for the period covering January 1, 2013 through June 30, 2013. (SA1000.0) ACTION: Approved. MOTION - Bilodeau SECOND -Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau ABSENT - 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 - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None Page 4 CITY COUNCIL MINUTES August 28, 2012 7. ADMINISTRATIVE REPORTS 7.1 Development Service Organizational Assessment — Update on Alternative Service Delivery Options for Street Sweeping Operations and Graffiti Abatement. (Continued from August 14, 2012) NOTE: Staff requested a continuance to a date uncertain. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Bilodeau ABSENT - Dumitru Moved to continue the Street Sweeping portion to the September 11, 2012 meeting with as much information as possible and a sample RFP for consideration, and to continue Graffiti Removal to a date uncertain. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS 9.1.1 SANTA FE DEPOT SPECIFIC PLAN UPDATE (From August 14, 2012). (C2300.J) NOTE: Councilmember Whitaker recused himself and left the dais due to a potential conflict with his employment. Discussion — Councilmember Smith asked about the timing of the changes, and if there are any projects in the planning process that this will affect. Community Development Director Angus explained that some projects are waiting for these changes to be adopted; and that the changes will take effect thirty days after the second reading of Ordinances 08 -12 and 09 -12. Speaker — Robert Schuller, spoke in favor of the proposed zoning changes on Cypress Street. Page 5 CITY COUNCIL MINUTES August 28, 2012 9. LEGAL AFFAIRS (Continued) RESOLUTION NO. 10670 A Resolution of the City Council of the City of Orange (A) Certifying Final Program Environmental Impact Report (PEIR) No. 1820 -09 (SCH No. 2009101033) for the Santa Fe Depot Specific Plan Update and Related Ordinance Amendment and Zone Change No. 1255- 09, (B) Adopting Findings of Fact and Statement of Overriding Considerations, (C) Adopting a Mitigation Monitoring Program, and (D) Including Revised Mitigation Measure N -5, as Recommended by Staff. Applicant: City of Orange MOTION - Cavecche SECOND - Smith AYES - Smith Cavecche, Bilodeau ABSENT - Dumitru RECUSED - Whitaker Moved to approve Resolution No. 10670 ORDINANCE NO. 08 -12 (FIRST READING) An Ordinance of the City Council of the City of Orange Adopting the Santa Fe Depot Specific Plan Update. MOTION - Cavecche SECOND - Bilodeau AYES - Smith, Cavecche, Bilodeau ABSENT - Dumitru RECUSED - Whitaker Moved to approve the first reading of Ordinance No. 8 -12 ORDINANCE NO. 09 -12 (FIRST 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 - Cavecche SECOND - Smith AYES - Smith, Cavecche, Bilodeau ABSENT - Dumitru RECUSED - Whitaker Moved to approve the first reading of Ordinance No. 09 -12 Page 6 CITY COUNCIL MINUTES August 28, 2012 10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:57 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 Unrepresented Employee: City Attorney City Negotiator: Mayor Carolyn Cavecche 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 6:45 p.m. There was no 7:00 p.m. Session. The next Regular City Council meeting will be held on Tuesday, September 11, 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 August 28, 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 sa id regular meeting; and available at the Civic Center City Clerk's Office. Y E. MURPHY CITY CLERK Page 7