Council Minutes 05/22/12APPROVED BY THE CITY COUNCIL ON JUNE 12, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 22, 2012
The City Council of the City of Orange, California convened on May 22, 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 Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Community Foundation Presentation to Participants in the Foundation Games.
Proclamation Recognizing National Public Works Week, May 20 -26, 2012.
Recognition of Employee Service.
Mayor Cavecche announced the Council meeting would be adjourned in memory of
Police Sergeant John A. Aguilar, a 24 -year Orange resident, who passed away and was
now recognized for being included in the Orange County Police Officers Memorial.
2. PUBLIC COMMENTS —
Chris Felicijan — Spoke on the fair distribution of County funds.
Barbara Magnuson, Camille Townsend, and Jack Walters, addresses on file, all spoke
about concerns with Mercy House in their neighborhood, and with the City's
notification and appeal process for this type of house.
Council discussed the notification process under the City's Reasonable
Accommodation Ordinance, and the possibility of amending the Municipal Code to
require a more formal notification process. The City Attorney will follow up on the
neighbor's concerns, as well as look into the appeal process.
Pat Buttress, Southern California Edison Representative, updated the Council on
Southern California Edison's Summer Readiness program.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
May 22, 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 May 3 and May 10, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of May 8, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 First Amendment /Addendum to Agreement with Langan Engineering and
Environmental Services for consulting services for the former Yorba Landfill and
to increase the not to exceed amount from $18,000.00 to $38,000.00. (A2100.0
Agr- 5840.1)
ACTION: Approved First Amendment /Addendum to the agreement and authorized the
Mayor and City Clerk to execute on behalf of the City.
BIDS
3.5 Bid No. 112 -21, Street Lighting Improvements, FY 2011 -12 on Cypress Street, and
Almond Avenue. Approval of plans and specifications, and request for
authorization to advertise for bids. (S4000.S.3.10)
ACTION: Approved plans and specifications, and authorized advertising for Bid No.
112 -21, Street Lighting Improvements Project, FY 2011 -12.
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CITY COUNCIL MINUTES May 22, 2012
3. CONSENT CALENDAR (Continued)
3.6 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. Smile Brands, Inc.
b. Sempra Energy, parent company of Southern California Gas Company
(Incident 3 -1 -2012)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PURCHASES
3.7 Purchase Traffic Control Devices for the State Safe Route to Schools (SR2S)
Pedestrian Countdown Signal Project. (S4000.S.3.3)
ACTION: Approved the purchase of traffic control devices for the SR2S Pedestrian
Countdown Signal Project.
RESOLUTIONS
3.8 RESOLUTION NO. 10648 (S4000.S.7)
A Resolution of the City Council of the City of Orange Authorizing Application for
Funds for the State -Local Partnership Program Formula Grant under the Proposition 1B
Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006
for the Jamboree Road Rehabilitation Project.
ACTION: Approved Resolution No. 10648; and approved the submittal of one
application for the Jamboree Road Rehabilitation Project.
3.9 RESOLUTION NO. 10652 L1200.0 LMD -86 -2 Santiago Hills)
A Resolution of the City Council of the City of Orange Regarding Landscape
Maintenance Assessment District 86 -2 (Santiago Hills) Declaring its Intention to
Provide for an Annual Levy and Collection of Assessments for Fiscal Year 2012 -2013;
and to Set a Time and Place for a Public Hearing to Receive Public Testimony on the
Foregoing Matters; and to Give Preliminary Approval to the Certified Engineer's
Report for Landscape Maintenance Assessment District 86 -2 (Santiago Hills).
ACTION: Approved Resolution No. 10652; approved the Preliminary Engineer's
Report for Landscape Maintenance District 86 -2; declared the intent to levy an annual
assessment; and scheduled June 26, 2012 as the date for the public hearing.
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3. CONSENT CALENDAR (Continued)
3.10 RESOLUTION NO. 10653 (L1200.0 LMD 94 -1 Sycamore Crossing)
A Resolution of the City Council of the City Of Orange Regarding Landscape
Maintenance Assessment District 94 -1 (Sycamore Crossing) Declaring its Intention to
Provide for an Annual Levy and Collection of Assessments for Fiscal Year 2012 -2013;
and to Set a Time and Place for a Public Hearing to Receive Public Testimony on the
Foregoing Matters; and to Give Preliminary Approval to the Certified Engineer's
Report for Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing).
ACTION: Approved Resolution No. 10653; approved the Preliminary Engineer's
Report for Landscape Maintenance District 94 -1; declared the intent to levy an annual
assessment; and scheduled June 26, 2012 as the date for the public hearing.
3.11 RESOLUTION NO. 10656 (C2500.H)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Captain Dennis Weaver of the Orange City Fire Department for Twenty -six years of
Loyal and Dedicated Service.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.12 2011 -12 Mid -Year Budget Adjustments. (C2500.E.4)
Discussion — Council received clarification from staff on Items 4, 5 and 6.
Councilmember Bilodeau asked that the City look into the AQMD pilot program on
natural gas police cruisers.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to:
1. Reduce various Salaries and Benefits in Fund 940 (O.S.A. Orange Merged Capital
Projects) in the amount of $44,245 and 941 (O.S.A. Orange Merged Housing Fund) in
the amount of $65,284; and appropriate $93,210 from unreserved General Fund balance
(Refer to Discussion and Background and Schedule A for a breakdown by individual
departments);
2. Reduce G & A Allocations in Fund 940 by $35,612, and Fund 941 by $10,337;
3. Authorize the appropriation of $32,367 from the unreserved General Fund balance to
Account 100.7012.50312 (Part-Time and Seasonal — Miscellaneous) for Community
Services;
4. Authorize the appropriation of $21,013 from the unreserved O.S.A. Orange Merged
Debt Service Fund balance to Account 987.9810.52410.00000 (County Property Tax
Collection Fee);
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CITY COUNCIL MINUTES May 22, 2012
3. CONSENT CALENDAR (Continued)
5. Authorize the appropriation of $70,000 from the unreserved Employee Accrued
Liability Fund balance to Account 760.1413.52215.00000 (Unemployment Claims);
6. Authorize the appropriation of $111,300 from the unreserved Equipment Expense Fund
balance to Account 710.5023.53720.00000 (Gasoline & Diesel Fuel); and
7. Authorize the appropriation of $35,925 from Account 220.5022.45290.20085 to
Accounts 220.5022.53910.20085 for $30,000, and 220.5022.55131.20085 for $5,925
(Beverage Container Recycling 11 -12); and authorize the appropriation of $42,369
from Account 220.5022.45290.20087 to Accounts 220.5022.51700.20087 for $12,000,
220.5022.55131.20087 for $15,369, and 220.5022.53001.20087 for $15,000 (Oil
Payment Program 11 -12).
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.13 RESOLUTION NO. SAORA -006 (SA1000.0)
A Resolution of the Governing Body of the Successor Agency to the Orange
Redevelopment Agency Adopting a Proposed Second Amendment to the Initial
Recognized Obligation Payment Schedule as Referred to in Section 34177(1)(2)(A) of
the California Community Redevelopment Law and Amending the Administrative
Budget.
ACTION: Approved Resolution No. SAORA -006 and directed the recording of the
line item abstentions, and reasons therefore, as follows:
Director Cavecche — Line Items 59a and 59b due to her serving on the board of OCTA;
Director Bilodeau — Line Item 26 due to his employment with County of Orange;
Director Whitaker — Line Items 73, 73a, 74, 74a, 75 due to his law firm's representation
of Metrolink.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Item 3.12 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES May 22, 2012
4. REPORTS FROM MAYOR CAVECCHE
4.1 Consideration of Re- appointment of Members to the Following Committees:
(OR1800.)
City Traffic Commission, terms to expire June 30, 2016 — Jim Bell, Wayne King, and Ernie
Glasgow.
Design Review Committee, terms to expire June 30, 2016 — Tim McCormack, Carol Fox,
Craig Wheeler, Joe Woollett, and Robert Imboden.
City Planning Commission, terms to expire June 30, 2016 - Bill Cathcart, William Steiner,
and Pat Buttress.
Community Development Block Grant Committee, terms to expire June 30, 2013 — Gina
Scott, Mary Ellen Manning, Eva Perez, Fernando Rico, and Bob Tunstall.
Orange Public Library Board of Trustees, terms to expire June 30, 2015 — Jonell E.
Schlund, and Steven Freeman.
MOTION - Dumitru
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve re- appointments to the Boards, Commissions, and Committees.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Report on Alternatives for Expansion of Library Hours. (C2500.I)
Discussion — Deputy City Manager Irma Hernandez provided the staff report, detailing the
possible alternatives for Council to consider:
1. Contract with the County of Orange;
2. Contract with a private contractor;
3. Close one branch and expand the main library and remaining branch;
4. Consider proposed new services delivery model.
Speakers — Nancy Collins, Orange Public Library Trustee Board Chair, highlighted benefits
currently offered at the library, and stated support for Alternative No. 4;
Joanne Coontz, former Orange Mayor, spoke on the benefits of the library;
Chris Felicijan spoke on problems with privatization;
Annalisa Goode spoke on customer satisfaction and support for Alternative No. 4.
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7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Whitaker stated it would be helpful to see more details on all the alternatives
in order to compare all the information.
Councilmember Smith stated reasons to support the new services delivery model, and the
dedication of the staff, Orange Public Library Board, Library Foundation, and Friends of the
Orange Public Library organizations; noting she was not in favor of outsourcing or a formal
RFP at this time, and questioned the cost of an RFP.
Councilmember Dumitru stated he was not ready to support the pursuit of an RFP, but wanted
to continue to research and review information to see if cost savings exist. .
Mayor pro tem Bilodeau stated concerns with using a private contractor, adding that the City
may lose volunteers, Orange Public Library Board, Library Foundation, and Friends of the
Orange Public Library organizations and their fundraising efforts. He stated there are other
and better cost savings ideas in the city that should be pursued.
Mayor Cavecche stated a need to review the trustee responsibilities under the California
Education Code to determine expectations. She further stated she was not interested in
contracting with the County nor closing the branches, but that she liked the new services
delivery model. She stated that more information was needed of specific services requirements
to make comparisons, speaking in favor of looking at options but not a formal RFP. She noted
concerns with privatization logistics, legal ramifications, and eligibility of state grant funds.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to authorize the implementation of the proposed New Service Delivery Model for the
Orange Public Library utilizing existing financial resources to increase library service hours by
37.6 %.
Direction given to staff to prepare a listing of services currently provided at the Library for
possible comparison; staff will bring back to Council for review and determination of next
step at the July 10 meeting. The Mayor and the City Attorney will review the responsibilities
and mission of the Library Board of Trustees.
8. REPORTS FROM CITY MANAGER - None
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NOTE: Councilmember Dumitru left the Dias due to illness.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 01 -12 (SECOND READING) (A2100.0 Agr- 0281.16)
An Ordinance of the City Council of the City of Orange Authorizing an Amendment to the
Contract between the Board of Administration of the California Public Employees' Retirement
System and the City of Orange to Exclude Future Elected Officials from Membership in the
Retirement System.
Speaker - Chris Felicijan spoke on the need for Council to receive benefits to attract qualified
candidates.
MOTION - Bilodeau
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
Moved that Ordinance No. 01 -12 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 10 -12 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1261 -11 as
it Pertains to the Northeast Quadrant of the Old Towne Orange Historic District, Rezoning Certain
Properties to R -1 -6 (Single Family Residential) in order to Establish Consistency between the Low
Density Residential General Plan Land Use Designation and the Zoning Classification, in
Accordance with State Law.
Zone Change No. 1261 -11
Applicant: City of Orange
NOTE: Councilmembers Smith and Whitaker were required to recuse themselves on
Item 9.2 due to a conflict with their residences. However, in the event that
Councilmember Dumitru did not return for the vote on Item 9.2, a coin toss was held to
determine which of the two recused councilmembers could vote on a continuance of the
item to the next Council meeting under the "Rule of Necessity ". Councilmember Smith
won the coin toss.
The meeting remained open and Item 9.2 followed the Study Session in the event
Councilmember Dumitru was able to return and participate in the vote.
Councilmember Dumitru returned for the vote at the end of the meeting.
Councilmembers Smith and Whitaker recused themselves due to a conflict with their
residence and left the dais.
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CITY COUNCIL MINUTES May 22, 2012
9. LEGAL AFFAIRS (CONTINUED)
MOTION - Dumitru
SECOND - Bilodeau
AYES - Cavecche, Bilodeau, Dumitru
ABSTAIN (RECUSED) - Smith, Whitaker
Moved that Ordinance No. 10 -12 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 11 -12 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1263 -12,
Rezoning Certain Properties (Generally Located on South Harwood Street and South Pine
Street between Chapman Avenue and Almond Avenue, Excluding Properties Fronting
Chapman Avenue) to R -1 -6 (Single - Family Residential) in order to Establish Consistency
between the Low Density Residential General Plan Land Use Designation and the Zoning
Classification, in Accordance with State Law.
Zone Change No. 1263 -12 / Applicant: City of Orange
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche, Bilodeau
ABSENT
- Dumitru
Moved that Ordinance No. 11 -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
11. PUBLIC HEARINGS
11.1 ACCESSORY SECOND HOUSING UNITS / NON - CONFORMING MULTI-
FAMILY USES - FOLLOW UP ACTION TO ZONE CHANGE 1261 -11, PERTAINING
TO REZONING OF SOUTHEAST RESIDENTIAL QUADRANT OF THE OLD TOWNE
ORANGE HISTORIC DISTRICT (Continued from May 8, 2012). (A2500.0)
Time set for a continued public hearing to consider an Ordinance Amendment 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. The proposed Amendment has been
prepared in response to City Council direction provided at the February 14, 2012 City Council
meeting as a follow -up action to Zone Change No. 1261 -11 pertaining to re- zoning of the
southeast residential quadrant of Old Towne Orange Historic District.
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CITY COUNCIL MINUTES May 22, 2012
11. PUBLIC HEARINGS (Continued)
Discussion — Principal Planner Anna Pehoushek provided the staff report detailing the
proposed changes.
Council discussed the use of the term "granny pad ", determining that it was allowable to keep
the phrase due to it being a commonly used term.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
Find the Ordinance categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15305.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
Moved approval of the finding.
ORDINANCE NO. 7 -12 (FIRST READING)
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 - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
Moved that Ordinance No. 7 -12 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES May 22, 2012
12. RECESS TO CLOSED SESSION
The City Council recessed at 7:35 p.m. to a Closed Session for the following purposes:
NOTE: Item A was not discussed.
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. Public employee appointment /employment pursuant to Government Code Section 54957:
Title: City Attorney
c. 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.
d. Conference with Legal Counsel — Anticipated Litigation pursuant to Government Code
Section 54956.9:
One potential case.
e. 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 9:30 p.m. to an Adjourned
Regular Meeting Study Session in the Council Chambers at City Hall to review the proposed
FY 2012 -13 Budget and Capital Improvement Plan. There was no 7:00 p.m. session. The next
Regular City Council meeting will be held on Tuesday, June 12, 2012 at 4:30 p.m. in the
Council Chambers.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of May 22, 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.
M MURPH
CITY CLE
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