Council Minutes 03/13/12APPROVED BY THE CITY COUNCIL ON MARCH 27, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 13, 2012
The City Council of the City of Orange, California convened on March 13, 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 Reverend Stephanie Toon - Glassman, First United Methodist 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
Presentation by OCTA regarding Quiet Zones.
Presentation of the Orange County Human Relations Commission Report.
2. PUBLIC COMMENTS —
Carole Walters thanked the Fire Department Paramedic crew and Police Department
for recent assistance to a family member.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
March 13, 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 February 16 and February 23, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of February 28, 2012. (C2500.D.4)
NOTE: Councilmember Whitaker recorded an abstention due to his absence at the
meeting.
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreements with the City of Santa Ana and Vista Del Rio Housing Partners, LP for
1) Out -of -Area Sewer Service; and 2) Traffic Signal Maintenance for a New
Apartment Development in the City of Santa Ana. (Continued from February 28,
2012) (A2100.0 Agr -5848; 5849)
ACTION: Approved the agreements and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 First Amendment to Agreement with Judicial Data Systems Corporation for
Parking Citation Processing, in the amount of $10,000. (A2100.0 Agr- 3553.K.1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES March 13, 2012
3. CONSENT CALENDAR (Continued)
3.6 Agreement with Bucknam & Associates, Inc. for the Citywide Pavement
Condition Survey and Update, in the amount of $50,000. (A2100.0 Agr -5852)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.7 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.H)
ACTION: Appropriated $30,832.75 from Account No. 100.3023.48210.20133 to
Account No. 100.3023.53060.20133.
BIDS
3.8 Bid No. 112 -12; Annual Concrete Replacement at Various Locations, Fiscal Year
2011 -12. Approval of plans and specifications and authorization to advertise for
bids. (S4000.S.3.2)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Annual Concrete Replacement at Various Locations, FY 2011 -12 Project.
3.9 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.
Hellen and Said Adam
b.
Richard Betzsold
c.
Edward Boykin
d.
Eliceo Huerta
e.
Jesse Rungel
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.10 Contract Change Order No. 1 and FINAL - Bid No. 101 -26; Santiago Creek Bike
Trail North Project — Collins Avenue Undercrossing. (A2100.0 Agr -5749)
ACTION: Approved Contract Change Order No. 1 and FINAL in the amount of
$70,040.00 to Excavating Engineers, Inc.
3.11 Final Acceptance of Bid No. 112 -10; Sidewalk Replacement at Yorba Street and
Chapman Avenue project performed by Super Technical Inc.; and authorization
to file the Notice of Completion with the County Recorder. (No staff report
required. (A2100.0 Agr -5839)
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Company, Bond No. 351297P in the amount of $33,695.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
RESOLUTIONS
3.12 RESOLUTION NO. 10636 (C2500.K)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Captain Dave Jensen of the Orange Police Department and Commending Him for
Thirty Five Years of Loyal and Dedicated Service.
ACTION: Approved.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Councilmember Whitaker recorded an abstention on Item 3.2 due to his absence at the
meeting. All items were approved.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
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CITY COUNCIL MINUTES March 13, 2012
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Bilodeau — Request Support for AB 1455. (T2200.0)
Speaker — Bill Brough, representing Assemblywoman Harkey, provided information in
support of Assembly Bill 1455.
RESOLUTION NO. 10637
A Resolution of the City Council of the City of Orange Supporting AB 1455 (Harkey) High
Speed Rail Lemon Law.
MOTION - Bilodeau
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10637.
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. 03 -12 (SECOND READING) (A2500.0 Ord -03 -12 Fire
Hazard Severity Zones)
An Ordinance of the City Council of the City of Orange Designating Very High Fire Hazard
Severity Zones Within the City of Orange.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 03 -12 be read by title only and same was approved and adopted by
the preceding vote.
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10. NOTICED HEARINGS
March 13, 2012
10.1 AMENDMENT TO TITLE 17 (ZONING) OF THE ORANGE MUNICIPAL
CODE TO ALLOW HOMELESS SHELTERS IN THE CITY'S LIGHT
MANUFACTURING (M -1) AND INDUSTRIAL (M -2) ZONING DISTRICTS.
(Z1500.0)
Time set for a noticed hearing to consider a proposal to modify Title 17 (Zoning) of the Orange
Municipal Code to allow homeless shelters as a permitted use in the M -1 and M -2 zoning districts,
subject to certain requirements and standards.
Discussion - Sr. Planner Jennifer Le provided the staff report. She clarified that the Code
provides a broad definition of "church" which includes being a worship center.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers — David Gillanders, Project Hope Alliance, spoke in support.
Diane Ferranti, Covenant Presbyterian Church, spoke in support.
THE MAYOR CLOSED THE PUBLIC HEARING.
City Attorney David DeBerry clarified for Council that the legislation allows for the exemption
from CEQA.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved the finding that the proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305
(Class 5 — Minor Alterations to Land Use Limitations).
ORDINANCE NO. 06 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange
Municipal Code to Allow Homeless Shelters in the M -1 and M -2 Zoning Districts, Subject to
Certain Development Standards and Requirements.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 06 -12 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES March 13, 2012
10. NOTICED HEARINGS (Continued)
10.2 ELECTROMAGNETIC AND RADIO FREQUENCY INTERFERENCE.
(A2500.0 Ord- 19 -11)
Time set for a noticed hearing to consider a proposal to amend Chapter 17.20.240 of the
Orange Municipal Code regulating electromagnetic and radio frequency interference with
emergency communication devices.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 19 -11 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 17, Section
17.20.240 of the Orange Municipal Code Regulating Electromagnetic and Radio Frequency
Interference.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 19 -11 be read by title only and same was set for second reading by
the preceding vote.
11. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
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12. RECESS TO CLOSED SESSION
The City Council recessed at 5:05 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Jeffrey Freedman, Special Counsel, and
David A. DeBerry, City Attorney
Employee Organizations: All Bargaining Units
Unrepresented Employee: City Attorney
City Negotiator: Mayor Cavecche
b. Public employee appointment /employment pursuant to Government Code Section 54957:
Title: Chief Clerk
Title: City Attorney
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.
The results of the Closed Session were reported out, as follows:
1) The City Council approved the City Manager's selection of Robert Zornado as Chief Clerk;
2) Motion by Cavecche, seconded by Whitaker, with all Council in support — to approve a
limited duration contract with David DeBerry, term to expire April 30, 2012;
3) Direction to Human Resources to immediately post an opening and begin recruitment for a
City Attorney;
4) Direct City Manager to obtain quotes from law firms for additional legal services.
13. ADJOURNMENT — The City Council adjourned at 8:30 p.m. to an Adjourned
Regular Meeting Study Session in the Council Chambers at City Hall to review the proposed
FY 2012 -13 Budget.
There was no 7:00 p.m. session. The next Regular City Council meeting will be held on
Tuesday, March 27, 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 March 13, 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
Ci vic Center City Clerk', Office.
N
M CA CA L V AY CAVECCHE
CITY CLERK O R
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