Council Minutes 04/10/12APPROVED BY THE CITY COUNCIL ON APRIL 24, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 10, 2012
The City Council of the City of Orange, California convened on April 10, 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 Frank Riley, River 47 Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Friends of the Orange Public Library (see Item No. 3.4)
Proclamation for National Public Safety Telecommunicator's Week, April 8 — 14, 2012
Mayor Cavecche announced the grand opening of the Steve Ambriz Memorial Park at
the Riverbend Community on April 28 at 11:00 a.m.
2. PUBLIC COMMENTS — None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
April 10, 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 March 15 and March 22, 2012.
ACTION: Approved
3.2 City Council Minutes, Regular Meeting of March 27, 2012, and Special Meeting of
April 4, 2012. (C2500.D.4)
ACTION: Approved
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.4 Request to Accept into the City's Revenue Budget and to Appropriate a $27,150
Donation from the Friends of the Orange Public Library (FOPL) for a variety of
items. (C2500.I) (Donation presented under Item No. 1.4)
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to: 1) Accept into the City's revenue budget a $27,150 donation from FOPL,
into Account No. 100.2001.48390.19990 (FOPL Donation); and 2) Appropriate the
Friends' donation, as follows:
100.2001.53301.19990 [FOPL- Donations (Library Books)]
$7,350
100.2017.53340.19990 [FOPL- Donations (Craft Supplies — Children's]
$7,100
100.2016.53340.19990 [FOPL- Donations (Craft Supplies — Adult)]
$1,000
100.2004.51670.19990 [FOPL- Donations (Other Professional)]
$1,000
100.2004.53345.19990 [FOPL- Donations (Book Processing)]
$2,700
100.2016.51670.19990 [FOPL- Donations (Other Professional)]
$8,000
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CITY COUNCIL MINUTES April 10, 2012
3. CONSENT CALENDAR (Continued)
BIDS
3.5 Bid No. 112 -19; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Sewer Line Replacement at Various
Locations Project, FY 2011 -12. (C2500.M.3)
ACTION: Approved plans and specifications and authorized advertising for bids.
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. Richard Zeiler
b. Andrea Cameron
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
REPORTS
3.7 Audited Financial Statements and Related Financial Reports for the Fiscal Year
Ended June 30, 2011. (C2500.J.1.3)
ACTION: Received and filed
RESOLUTIONS
3.8 RESOLUTION NO. 10641 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Anita Holland of the Community Development Department for Twenty -Two Years of
Loyal and Dedicated Service.
ACTION: Approved
3.9 RESOLUTION NO. 10642 (C2500.B)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
David DeBerry Commending him for Eighteen Years of Loyal and Dedicated Service
to the City of Orange.
ACTION: Approved
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CITY COUNCIL MINUTES April 10, 2012
3. CONSENT CALENDAR (Continued)
3.10 RESOLUTION NO. 10643 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Management Association
(OMA) Concerning Wages, Hours, and Other Conditions of Employment Effective
July 1, 2011 Through and Including June 30, 2012 and Repealing Resolution No.
10223 and Amendments Thereto for Said Employees.
ACTION: Approved
3.11 RESOLUTION NO. 10644 (C2500.J.4.4)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Maintenance and Crafts
Employees Association (OMCEA) Concerning Wages, Hours, and Other Conditions of
Employment Effective July 1, 2011 Through and Including June 30, 2012 and
Repealing Resolution No. 10224 and Amendments Thereto for Said Employees.
ACTION: Approved
3.12 RESOLUTION NO. 10645 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Municipal Employees'
Association (OMEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1, 2011 Through and Including June 30, 2012 and Repealing Resolution
No. 10225 and Amendments Thereto for Said Employees.
ACTION: Approved
3.13 RESOLUTION NO. 10646 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Water Division Employees'
Association (WDEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1, 2011 Through and Including June 30, 2012 and Repealing Resolution
No. 10226 and Amendments Thereto for Said Employees.
ACTION: Approved
3.14 RESOLUTION NO. 10647 (C2500.M)
A Resolution of the City Council of the City of Orange authorizing an application for
funds for the Environmental Cleanup
Local Transportation Ordinance No.
Separation (CDS) unit.
ACTION: Approved
Tier 1 Grant Program under Orange County
3 for installation of a Continuous Deflective
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CITY COUNCIL MINUTES April 10, 2012
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.15 Special Events Permit for the Orange Blossoms Auxiliary of the Assistance League
of Orange, California, Inc. for the Annual "Taste of Orange" on April 22, 2012.
(P1300.0.9)
ACTION: 1) Approved the Special Events Permit; and 2) Authorized the sale and
permit the purchase, possession and consumption of alcoholic beverages at the Annual
"Taste of Orange" event on a portion of the South Orange Street public parking lot
pursuant to the requirements of Section 5.72.080 of the Orange Municipal Code.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
(REMOVED AND HEARD SEPARATELY)
3.16 First Amendment to the Initial Recognized Obligation Payment Schedule.
(SA1000.0)
RESOLUTION NO. SAORA -004
A Resolution of the Governing Body of the Successor Agency to the Orange
Redevelopment Agency adopting a proposed First 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.
Discussion — Vice Chairman Bilodeau requested the supporting documents on the
projects to review the criteria and ensure their status as enforceable obligations.
Acting Successor Agency Manager Lisa Kim addressed questions from the Board;
provided clarification on the process for amending the IROPS; and spoke on upcoming
deadlines on the amendments, and the involvement of the Oversight Board and the
State Department of Finance.
Interim Agency Counsel David DeBerry further explained the "out clause" in the
project agreements.
NOTE: During the Board discussion on the SC Fuels project, Director Whitaker left
the dais due to a possible conflict with his employment.
Director Dumitru stated he would support this item, but requested that the Board
receive the back up on any future items brought forward for action.
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CITY COUNCIL MINUTES April 10, 2012
3. CONSENT CALENDAR (Continued)
Interim Agency Counsel David DeBerry read the line item abstentions and the reasons
therefore, as follows:
Chairman Cavecche Line Item No. 10 due to her position on the board of the Orange
County Transportation Authority.
Vice Chairman Bilodeau Line Item No. 1, 2, 3, 4, 26, 41, and 42 due to his
employment with Orange County. Line Item No. 7 due to his position on the board of
the Orange County Water District. Line Item No. 8 and 9 due to his position as
alternate on the board of the Orange County Sanitation District. Line Item No. 11 due
to his position on the board of the Orange County Vector Control District.
Director Dumitru Line Item No. 8 and 9 due to his position on the board of the Orange
County Sanitation District.
Director Whitaker Line Item No. 5 due to his position on the board of the Santiago
Canyon College Foundation. Line Item No. 28 due to SC Fuels being a source of
income for his law firm. Line Item Nos. 54 -55 and. 73 -78 due to Metrolink being a
source of income for his law firm.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to adopt Resolution No. SAORA -004, directing the Successor Agency Clerk to
record previously stated Agency abstentions and reasons therefore as part of the
minutes.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Item 3.4 And 3.16 were removed and heard separately. Director Whitaker left the dais
for a part of the discussion on Item 3.16 due to a possible conflict with his employment.
All other items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE
4.1 Orange Municipal Code Regulations on Business Flags.
Mayor Cavecche noted the large amount of pole flags at businesses in the city which are used
to attract customers in this down economy; and suggested staff re -look at this particular sign
regulation, especially during this economy, to establish a process to perhaps temporarily allow
these flag signs within certain parameters.
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CITY COUNCIL MINUTES April 10, 2012
4. REPORTS FROM MAYOR CAVECCHE (Continued)
Speaker — Mr. Michael Clinger, Orange business owner, spoke on the positive results the flags
have in attracting customers and the need for some type of leniency for the flags.
The Council agreed to the Community Development Department crafting parameters to allow
these types of signs temporarily.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 04 -12 (SECOND READING) (A2500.0 Ord- 04 -12)
An Ordinance of the City Council of the City of Orange Amending Chapter 12.02 of the
Orange Municipal Code to Adopt the 2012 Edition of the "Standard Specifications for Public
Works Construction ".
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 04 -12 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES April 10, 2012
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 FY 2012 -13 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM; AND HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM.
(A2100.0 Agr- 3218.M; 3987.M)
Time set for a public hearing to consider allocation of CDBG funds; and allocation of HOME
funds for affordable housing projects.
Staff has conducted the FY 2012 -13 CDBG funding process in conjunction with the CDBG
Program Committee. The total proposed CDBG Program budget is $1,288,398, which would
be comprised of the FY 2012 -13 entitlement amount of $1,138,398 and re- budgeted CDBG
funds from prior years in the amount of $150,000.
Discussion — Housing Manager Mary Ellen Laster provided a staff report, acknowledged the
work of the CDBG committee, and listed the parameters used to determine funding.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers —
Jim Dempsey, L'Arche Wavecrest
Charlotte Vaughn, Assistance League of Orange
Cathy Seelig, Friendly Center
THE MAYOR CLOSED THE PUBLIC HEARING.
MOTION -Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to:
1) Approve the funding recommendations of the CDBG Program Committee for the City's FY
2012 -13 CDBG Program;
2) Authorize staff to request and receive its FY 2012 -13 CDBG entitlement from the United
States Department of Housing and Urban development (HUD), and re- budget $150,000 of
CDBG funds from prior years;
3) Authorize the City Manager or his designee to execute FY 2012 -13 Memoranda of
Understanding with City Departments, Sub - recipient Agreements with nonprofit agencies, and
all related CDBG Program documents.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
April 10, 2012
PROJECTS /PROGRAMS
=Requested ount
Committee
Recommendation
ADMINISTRATION
20% Budget Cap is $227,680
City Departments
Economic Development
Program Administration - (Salaries & Benefits, Maintenance & Operations, and
Contingency
$
203,158
$
203,158
City Departments Administration Subtotal
$
203,158
$
203,158
Nonprofit Agencies
Orange County Fair Housing Council - Orange Fair Housing Program
24,522
24,522
Nonprofit Agencies Administration Subtotal
$
24,522
$
24,522
ADMINISTRATION TOTAL
$
227,680
$
227,680
PUBLIC FACILITIES /IMPROVEMENTS/REHABILITATION
Budget is $889,958 FY2012 -13 Grant o $739,958 + Rebud eted Funds of $150,000
City Departments
Public Works (projects listed in priority order)
Clark Street Rehabilitation - Maple Avenue to North end
$
72,240
$
72,240
Parker Street Rehabilitation - Maple Avenue to North end
21,960
21,960
Birch Avenue Rehabilitation - Main Street to Fairmont Street
76,160
76,160
Fairmont Street Reconstruction - Palm Avenue to Sycamore Avenue
75,000
75,000
Citrus Street Rehabilitation - Palm Avenue to South end
16,740
16,740
Grand Street Reconstruction - La Veta Avenue to South end
171,440
171,440
River Avenue Overlay - Glassell Street to East end
135,000
135,000
Orange Street Reconstruction - La Veta Avenue to South end
125,200
125,200
Toluca Avenue Overlay - Grand Street to East end
35,000
35,000
ADA Access Ramps - Various locations
101,474
101,253
City Departments Facilities /Improvement /Rehabilitation Subtotal
$
830,214
$
829,993
Nonprofit Agencies
Helping Our Mentally Ill Experience Success, Inc. - Riley House
Rehabilitation
$
9,840
$
9,840
L'Arche Wavecrest - Maplewood Home Disabled Accessibility
Improvements
8,125
8,125
Olive Crest - Palm House Refurbishment
7
7
Paint Your Heart Out, Inc. - Orange Paint Day
20,000
20,000
YWCA Central Orange County - First Steps at Beverly's House
15,000
15,000
Nonprofit Agencies Public Facilities /Improvements /Rehabilitation Subtotal
$
59,965
$
59,9 5
PUBLIC
FACIIdTIES/ IWROVEMENTS/REHABILITATIONTOTAL
$
890,179
$
889,958
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
April 10, 2012
PROJECTS /PROGRAMS
Amount
Requested
Committee
Recommendation
PUBLIC SERVICES
15% Budget Cap is $170,760
City Departments
Community Services
After-School Community Programs $ 43,170
$ 43,170
Police
Bike Team Program
120,000
120,000
City Departments Public Services Subtotal
$ 163,170
$ 163,170
Nonprofit Agencies
AIDS Services Foundation Orange County - Nutrition Services
Program
$ 10,000
0
Assistance League of Orang - Operation School Bell
6,000
4,000
Colette's Children's Home - Transitional Housing Program
5,000
0
Friendly Center, Inc. - Emergency Assistance and Supplemental Food
Programs
10,000
3,590
Lestonnac Free Clinic - Diabetic Sanctuary
10,000
0
Mariposa Women and Family Center - Community Counseling
Program
10,000
0
Women's Transitional Living Center, Inc. - Independence from
Dependence
10,000
0
Nonprofit A encies Public Services Subtotal
$ 61,000
$ 7,590
PUBLIC SERVICES TOTAL
$ 224,170
$ 170,760
GRAND TOTAL
$1,342,029
$ 1,288,398
The City is entitled to receive a HOME Investment Partnerships Act (HOME) grant in the
amount of $304,516 for FY 2012 -13. As in previous years, staff is proposing to allocate the
funds for affordable housing projects that are identified during the year. Proposed projects will
be subject to City Council approval.
Discussion — Housing Manager Mary Ellen Laster responded to a question from Councilmember
Smith and stated the time frames for appropriating and spending the federal funds.
Mayor pro tem Bilodeau clarified with staff that these are federal funds, it is optional whether to
apply, and there are funds currently on hand from previous years.
MOTION - Cavecche
SECOND -Smith
AYES - Whitaker, Smith, Cavecche
NOES - Bilodeau, Dumitru
Moved to:
1) Authorize staff to request and receive its FY 2012 -13 HOME entitlement from HUD;
2) Authorize the City Manager or his designee to execute the FY 2012 -13 HOME Program
Grant Agreement and all related documents on behalf of the City.
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CITY COUNCIL MINUTES April 10, 2012
12. RECESS TO CLOSED SESSION
1. The Successor Agency recessed to a Closed Session at 5:30 p.m. for the following
purposes:
a. Conference with Real Property Negotiator — Real Property negotiations pursuant to
Government Code Section 54956.8:
Property: 29,380 square foot vacant remnant parcel located at the northwest corner of
State College Boulevard and Anaheim Way.
Successor Agency Negotiators: John Sibley, Executive Director and Lisa Kim, Acting
Economic Development Manager.
Negotiating Parties: Successor Agency to the Orange Redevelopment Agency and The
Regents of University of California.
Under Negotiations: Price and terms of payment.
2. The City Council recessed to a Closed Session at 5:30 p.m. for the following purposes:
b. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) One potential case.
c. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
1) All Towing Services, Inc. v. City Council of the City of Orange, et al., OCSC Case
No.: 30-2011-00456419
d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Jeffrey Freedman, Special Counsel, and
David A. DeBerry, Interim City Attorney
Employee Organizations: All Bargaining Units
City Negotiators: Mayor Cavecche and Councilmember Whitaker
Unrepresented Employee: City Manager
e. Public employee performance evaluation pursuant to Government Code Section 54957:
Title: City Manager
f. Public employee appointment /employment pursuant to Government Code Section 54957:
Title: City Attorney
g. 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 April 10, 2012
13. ADJOURNMENT — the City Council adjourned at 7:45 p.m.
There was no 7:00 p.m. session.
The next regular City Council meeting is scheduled for April 24, 2012, at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 10, 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.
-- R . Mi HY
CITY CLERK
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