Council Minutes 06/12/12APPROVED BY THE CITY COUNCIL ON JUNE 26, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
June 12, 2012
The City Council of the City of Orange, California convened on June 12, 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 Orlando Barela, Household of Faith Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred Whitaker
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
2. PUBLIC COMMENTS —
David Mains — Spoke about the Orange Park Arenas, Equestrians, Trails Corporation
and the grand opening of the Mara Brandman Horse Arena.
Corky Grochow — Spoke against privatization of the Library.
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3. CONSENT CALENDAR
June 12, 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 May 17, 24, and 31, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of May 22, 2012, Adjourned Regular
Meeting of May 22, 2012, and Special Meeting of June 6, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for the period ending March 31, 2012.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
3.5 First Amendment to Agreement with Chapman University for Local Cable
Programming. (A2100.0 Agr- 5869.1)
ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Appropriated $50,001.00 from Account No.
100.0000.41160 (PEG Program Revenues) to Account No. 100.0000.51700.20067
(Contractual Services for PEG Program) to cover the FY 12 -13 costs associated with
the Chapman Agreement.
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CITY COUNCIL MINUTES June 12, 2012
3. CONSENT CALENDAR (Continued)
3.6 Agreement between the City of Orange Police Department and the Immigration
and Customs Enforcement (ICE), Homeland Security Investigations (HSI) for
Task Force Overtime, not to exceed $180,000.00. (A2100.0 Agr -5887)
ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City; and 2) Appropriated $180,000.00 from Account No.
100.4033.48210.20155 to Account No. 100.4033.50221.20155 (Narcotics- Safety
Overtime -HSI Task Force) for overtime reimbursement.
BIDS
3.7 Bid No. 112 -22; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Upland Nursery and Edison Easement SAVI
Line Improvements Project. (C2500.M)
ACTION: 1) Approved plans and specifications and authorized advertising for bids for
Upland Nursery and Edison Easement SAVI Line Improvements Project; and 2)
Appropriate $35,000.00 from Account No. 810.20465 to Account No.
550.5022.56340.15113 (Storm Drain Facility).
3.8 CLAIMS (C3200.0)
SUMMARY: 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. Belmont Estates Community Association
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Award of Contract — Bid No. 112 -13; Community Development Block Grant
(CDBG) Project — Americans with Disabilities Act (ADA) Wheelchair Access
Ramps at Various Locations, FY 2011 -12 to Kalban, Inc. in the amount of
$85,520.00. (A210.0 Agr -5883)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute
on behalf of the City.
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3. CONSENT CALENDAR (Continued)
3.10 Award of Contract — Bid No. 112 -19; Sewer Line Replacement at Various
Locations Project, FY 2011 -12, to SND Construction, Inc. in the amount of
$452,200.00. (A2100.0 Agr -5884)
ACTION: 1) Transferred $34,000 from Account No. 220.5022.56340.15113 to
Account No. 220.5011.56200.15508; and 2) Awarded the contract and authorized the
Mayor and City Clerk to execute on behalf of the City.
RESOLUTIONS
3.11 RESOLUTION NO. 10657 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line
Adjustment No. LL 2012 -01 Adjusting a Property Line between Two Lots of Certain
Real Properties Situated at 748 North Poplar Street, in the City of Orange, County of
Orange, State of California.
Owners: National Oilwell Varco, L.P.
ACTION: Approved.
MOTION - Dumitru
SECOND - Smith
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 - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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7. ADMINISTRATIVE REPORTS
June 12, 2012
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) TAPE 171
NOTE: Councilmember Smith recused herself due to her involvement with a non - profit
organization at the Street Fair, and left the dais.
Councilmember Whitaker confirmed with the City Attorney that he did not have a legal
conflict due to his sitting on the board of several non - profit organizations who have booths at
the fair.
Discussion — Deputy City Manager Irma Hernandez provided the staff report. Police Sergeant
Eric Rosauer presented information concerning impacts to the Police Department.
Adam Feliz, OISF Vice - President, spoke on their request and addressed the concerns stated by
the Police Department.
Council clarified with staff various aspects of alcohol sales at the fair and by the local
establishments in the area. The statistics on calls for service during the street fair weekend
were examined.
Councilmember Whitaker stated he would not support the request of OISF based on the Police
Department's report.
Mayor pro tem Bilodeau stated he supported their request as long as the increased costs are
borne by OISF, and that it could be tried for a year to determine if it was a positive change.
Councilmember Dumitru agreed with the one - year -trial to allow one additional hour of
operation on Friday night only.
Mayor Cavecche stated OISF does an incredible job training on alcohol sales and service, but
the impacts to the neighborhood, as well as the impacts to the Police Department were too
great. She added that when the Police Department is fully staffed, she would be willing to
consider the request again.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Cavecche
NOES - Bilodeau, Dumitru
Moved to deny the request by OISF, therefore the original agreement remains in place through
the end of the contract, December 31, 2013.
MOTION FAILED
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION
- Dumitru
SECOND
- Bilodeau
AYES
- Bilodeau, Dumitru
NOES -
Whitaker, Cavecche
Moved to approve OISF's request and direct staff to prepare a first amendment to the OISF
2011 agreement to reflect changes, and authorize the Mayor and City Clerk to execute on
behalf of the City.
MOTION FAILED
Mayor Cavecche stated that due to the two failed votes the matter dies, and the current
agreement remains in effect.
7.2 Summary Report of the Organizational Assessment for Development Services.
(C2500.E) TAPE 1060
Discussion — Assistant City Manager Rick Otto provided a staff report.
Development Process Review
Cathy Standiford, Management Partners, provided the findings of her company's analysis. She
noted there are best practices in the industry to provide high quality services, resulting in 39
recommendations for implementation in Orange to achieve a higher level of performance, but
quickly added that current staff is committed and dedicated to a good process. She further
reviewed key recommendations to effect strategic changes.
Mayor Cavecche confirmed with Ms. Standiford that there are no implementation strategies
that are problematic. The Mayor stated that she received the most complaints on the Staff
Review Committee process and noted that there are recommendations to address that. She also
commented on possibly allowing for customer feedback via the Internet as other cities practice.
Councilmember Whitaker queried the establishment of a one stop shop, to which Ms.
Standiford described ways to address that, including the need for project management,
organizational leadership, establishing clear standards and expectations, measuring results,
accountability, as well as providing staff training and technology tools.
Councilmember Smith stated her support for the best practice to "treat the land use function as
a single line of business ", but stated that the staffing levels may be too thin to accomplish this.
She also commented on focusing on technology, and stated her concern for changing the
review process that results in the collection of community input.
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7. ADMINISTRATIVE REPORTS (Continued)
Alternative Service Delivery
Ms. Standiford stated that outsourcing or privatization, and regionalization or service sharing
were two methods for alternative service delivery. She stated that the Public Works divisions
of facilities, fleet, sewer, and traffic signal maintenance were currently providing extremely
efficient and effective services, but that the graffiti removal and street sweeping were two
divisions to be addressed.
Council asked questions on removing graffiti from private property, color matching, recovery
of costs through the courts, and reimbursement from utility companies for removing graffiti
from their boxes.
Ms. Standiford spoke on timing of outsourcing of street sweeping being best when the vehicle
fleet needed replacement, and spoke on the possible opportunity for affected staff to be
reassigned to vacant Public Works positions.
Council discussed staff returning at the first meeting in August to report on implementation of
recommendations, and specifications for Council to possibly direct the release of RFPs on
graffiti removal and street sweeping.
Mayor Cavecche stated that graffiti removal is a very emotional issue, and requested staff to
look at the practices of other cities.
Councilmember Smith stated she was not interested in outsourcing if it would cause employees
to lose jobs, and asked for information on where staff could be absorbed. She also suggested
ways to analyze Orange's high cost for graffiti removal, and the need to be reimbursed by
utility companies.
Public Works Director Joe DeFrancesco confirmed for Council that there are vacancies in the
department that have been looked at for possibly filling in the event that outsourcing occurs.
Mayor pro tem Bilodeau stated his support for alternative service delivery methods, adding that
there are meet and confer provisions with regard to outsourcing, additionally stating that the
employees have stepped up these past few years to offset benefit costs. He also stated that with
Orange being self - insured, unemployment claims would be the City's responsibility if there
were layoffs.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to: 1) Receive and file report; 2) Direct the City Manager to implement the
recommendations where possible and/or appropriate; and 3) Return on August 14th with a
status report of how changes are impacting the department, and provide specifications for a
possible RFP on Street Sweeping and Graffiti Removal services.
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7. ADMINISTRATIVE REPORTS (Continued)
7.3 Request from the City's Solid Waste Collector, CR &R for a rate adjustment,
effective July 1, 2012. (C25- OO.M.1)
NOTE: Staff requested a continuance to June 26, 2012.
MOTION - Cavecche
SECOND - Dunitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to continue to June 26, 2012 at 4:30 p.m.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 7 -12 (SECOND READING) (A2500.0 ZCG- 1261 -11 Accessory
Second Housing Units)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code Relating to Accessory Second Housing Units and Multi- Family Uses Made
Non - Conforming by the 2010 General Plan.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 7 -12 be read by title only and same was approved and adopted by
the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
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11. PUBLIC HEARINGS
11.1 CONDITIONAL USE PERMIT NO. 2822 -11 AND MITIGATED NEGATIVE
DECLARATION NO. 1826 -11 — CHILDREN'S HOSPITAL OF ORANGE COUNTY
(CHOC), CHILDREN'S CAMPUS BISECTED BY LA VETA AVENUE WHICH RUNS
IN AN EAST -WEST DIRECTION. (C3300.0)
Time set for a public hearing to consider a proposed helistop located on the CHOC Children's
Hospital South Tower. The existing helistop on the CHOC Children's Hospital North Tower
would be retained in commission as a secondary helistop to accommodate overflow.
Note: Mayor pro tem Bilodeau recused himself due to a conflict of interest with his
employment, and left the dais.
Discussion — Community Development Director Alice Angus provided the staff report.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10665
A Resolution of the City Council of the City of Orange Approving Conditional Use Permit No.
2822 -11 and Mitigated Negative Declaration No. 1826 -11 as Recommended for Approval by
the Planning Commission thereby Allowing a Helistop to be Located at the South Tower of the
CHOC Children's Hospital Campus.
Applicant: CHOC Children's Hospital of Orange County
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT (RECUSED) - Bilodeau
Moved to approve Resolution No. 10665.
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12. RECESS TO CLOSED SESSION
The City Council recessed at 6:20 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. Conference with Legal Counsel — Existing Litigation pursuant to Government Code
Section 54956.9:
K.X.T., an individual, by and through his Guardian Ad Litem, Valissa Taylor v. City of
Orange, et al.; Orange County Superior Court Case No. 30- 2011 - 00460392.
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.
13. ADJOURNMENT — The City Council adjourned at 8:25 p.m. to a Special Meeting on
June 13 at 1:30 p.m. in the Council Chambers at City Hall to hold a closed session on City
Attorney appointment.
There was no 7:00 p.m. session. The next Regular City Council meeting will be held on
Tuesday, June 26, 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 June 12, 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.
Y MURPHY
CITY CLERK
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