Council Minutes 01/10/12APPROVED BY THE CITY COUNCIL ON JANUARY 24, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 10, 2012
The City Council of the City of Orange, California convened on January 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 Ric Olsen, The Beacon Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred Whitaker
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation from YMCA Longhouse Chief — YMCA Indy 500 Challenge.
Presentation by the Orange Community Master Chorale to the City Council for their
continued support of Music Programs in the City.
2. PUBLIC COMMENTS — Laura Thomas and Mark Sandford spoke on the closure of
the Sully - Miller horse arena in Orange Park Acres.
Mayor Cavecche informed the speakers that she has asked for a timeline from the
owner's representative on when it will be re- opened, and will provide the information
when it is received.
Pasze 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
January 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.
3.1 Confirmation of warrant registers dated December 8, 15, and 22, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of December 13, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement by and between Delta Dental of California and the City of Orange,
DeltaCare USA Group No. 05449 -0001 for the purpose of amending the original
DeltaCare USA Group Dental Service contract for employee and retiree pre -paid
dental insurance, effective January 1, 2012, through December 31, 2012. (A2100.0
Agr- 4590.B.4; 2937.13.6)
ACTION: Approved the agreement; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 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. Martha Pike
b. Wawanesa Insurance — subrogee of Darren Cohen
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
Page 2
CITY COUNCIL MINUTES January 10, 2012
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Contract Change Order No. 1 and Final — Bid No. 090 -22; Santiago Creek Bike
Trail North Project — Hewes Street from Bond Avenue to Villa Park Road and
Villa Park Road from Hewes Street to Santiago Boulevard. (A2100.0 Agr -5613)
ACTION: Approved Contract Change Order No. 1 in the amount of $117,088.57 to 4-
Con Engineering, Inc.
(REMOVED AND HEARD SEPARATELY)
3.7 Award of Contract — Bid No. 112 -10; Sidewalk Replacement at Yorba Street and
Chapman Avenue. (A2100.0 Agr -5839)
Discussion — City Engineer Frank Sun responded to a question by Councilmember
Whitaker, stating it was less expensive to utilize a plastic panel product that would pay
for itself in two cycles of repairing settling problems, rather than replacing concrete.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to award the contract in the amount of $33,695.00 to Super Technical, Inc., and
authorized the Mayor and City Clerk to execute the necessary documents on behalf of
the City.
3.8 Contract Change Order No. 2 and Final — Bid No. 101 -20; Installation of Efficient
Heating, Ventilation, and Air Conditioning (HVAC) System at the Corporation
Yard and El Modena Library Branch Buildings. (A2100.0 Agr -5733)
ACTION: Approved Contract Change Order No. 2 and Final in the amount of
$103,750 to K & J Air Conditioning, Inc.
PURCHASES
3.9 Award of Bid No. 112 -09, to Supply Miscellaneous Vehicles for the Orange Police
Department and the Department of Public Works from Villa Ford (six vehicles),
Ford of Orange (three vehicles), and McPeek Dodge (three vehicles). (C2500.M.7)
ACTION: 1) Authorized the purchase of six Half Ton Pickups from Villa Ford of
Orange for $128,844.48; 2) Authorized the purchase of two Compact SUVs and one
Service Body Truck from Ford of Orange for $80,655.89; 3) Authorized the purchase
of three Mid -Size SUVs from McPeek Dodge for $82,601.46; and 4) Authorized the
City Manager to surplus the replaced vehicles. Total expenditure for twelve
miscellaneous vehicles is $292,101.83.
Page 3
CITY COUNCIL MINUTES January 10, 2012
3. CONSENT CALENDAR (Continued)
REGIONAL BOARD APPOINTMENTS
3.10 City of Orange Appointments to Regional Boards.
NOTE: Mayor Cavecche recorded an abstention on a; Councilmembers Dumitru and
Bilodeau recorded an abstention on b; and Councilmember Bilodeau recorded an
abstention on c.
City Attorney David DeBerry stated he would look into whether there are terms on
these appointments.
a. Foothill - Eastern Transportation Corridor Agency
Mayor Carolyn Cavecche
Alternate — Councilmember Fred Whitaker
b. Orange County Sanitation District
Councilmember Jon Dumitru
Alternate — Councilmember Denis Bilodeau
c. Orange County Vector Control District Board
Councilmember Denis Bilodeau
ACTION: Approved appointments with noted abstentions.
RESOLUTIONS
3.11 RESOLUTION NO. 10622 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange City Firefighters, Inc. Local
2384 of the International Association of Firefighters, AFL -CIO Concerning Wages,
Hours, and Other Conditions of Employment for the Period of July 1, 2011 Through
and Including June 30, 2012 and Repealing Resolution No. 10324 and Amendments
Thereto for Said Employees.
ACTION: Approved.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.7 was removed and heard separately. All other items were approved as
recommended with noted abstentions on Item 3.10.
END OF CONSENT CALENDAR
* * * * * * * * **
Page 4
CITY COUNCIL MINUTES January 10, 2012
4. REPORTS FROM MAYOR CAVECCHE
4.1 Consideration of appointment of Carol Fox to the Design Review Committee to fill
an unexpired term ending June 30, 2012.
MOTION
-Smith
SECOND
- Bilodeau
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to appoint Ms. Carol Fox to the Design Review Committee to fill the unexpired term of
Ms. Adrienne Gladson, term to expire on June 30, 2012.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Bilodeau —
Reported that his appointee to the Planning Commission, Michael Merino, who is deployed
until the end of the year, has requested relief from his duties until he returns. Mr. Bilodeau
stated he would agendize an interim appointment in the near future.
Reported he was contacted by Assemblyman Norby regarding the action occurring in
Sacramento on the redevelopment issue — that a few bills may be filed this week. He stated he
would put a placeholder on the January 24 agenda to allow Council to take quick action.
5.1 Councilmember Bilodeau — Request that the City Council consider the
reorganization of the Council officers, i.e. the Mayor pro tern position.
Councilmember Bilodeau requested this item be agendized.
With the agreement of Councilmembers Dumitru and Whitaker, staff was directed to place it
on the February 14 meeting's agenda.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
Page 5
CITY COUNCIL MINUTES January 10, 2012
7. ADMINISTRATIVE REPORTS
7.1 Consideration of Designating a Successor Agency to the Orange Redevelopment
Agency. (R3500.0)
Discussion — Senior Project Manager Lisa Kim gave the staff report stating that this is the first
step to dissolving the Orange Redevelopment Agency. She added that staff will bring back
information in the coming months on the Recognized Obligation Payment Schedule (ROPS),
administrative budget, staffing, and the disposition of former agency real estate assets. She
introduced Debra Rhoads, Agency Special Counsel from the Law firm of Kane, Ballmer, and
Berkman. In response to a question from Councilmember Bilodeau, Ms. Kim stated that the
Orange County Flood Control District filled the special district seat on the oversight
committee.
RESOLUTION NO. 10625
A Resolution of the City Council of the City of Orange Making an Election in Connection with
Designating the City of Orange as a Successor Agency under Part 1.85 of Division 24 of the Health
and Safety Code Subject to Reservations Herein Stated.
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10625.
7.2 Consideration of Designating a Successor Housing Agency to the Orange
Redevelopment Agency. (R3500.0)
Discussion — City Manager John Sibley indicated that further research was needed to
determine the costs associated with this action.
Council discussed agendizing it for the meeting of January 24 to address possible deadlines.
RESOLUTION NO. 10626
A Resolution of the City Council of the City of Orange Electing to Retain the Housing Assets and
Functions of the Orange Redevelopment Agency Under Part 1.85 of Division 24 of the Health and
Safety Code Subject to Reservations Herein Stated.
MOTION -Smith
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to the January 24 meeting.
Page 6
CITY COUNCIL MINUTES January 10, 2012
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 10624 (A4000.0)
A Resolution of the City Council of the City of Orange Upholding Appeal No. 529 -11 and
Denying Conditional Use Permit 2823 -11, Design Review Committee No. 4564 -11 and Minor
Site Plan Review No. 657 -11 Which Sought to allow the Installation of a 51 -foot Wireless
Communications Mono -Palm Antenna and Related Equipment Facilities located at 809 S.
Esplanade Street.
MOTION
-Smith
SECOND
- Dumitru
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10624.
9.2 ORDINANCE NO. 18 -11 (SECOND READING) (A2500.0 Curfew for Minors)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.28 of the
Orange Municipal Code Relating to Curfew for Minors.
MOTION
- Dumitru
SECOND
- Cavecche
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 18 -11 be read by title only and same was approved and adopted by the
preceding vote.
9.3 ORDINANCE NO. 20-11 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Approving the Reclassification of
Approximately 0.9 Acres of Property from Old Towne Mixed -Use Spoke Street (OTMU -15S) to
Public- Institution Specific Plan (P -I [SP]) Located at 415, 421, 425 -439, 441 -455, 457 -471 and
475 -489 North Glassell Street and Chapman University Parking Lots 2 and 3.
Zone Change 1256 -09
Applicant: Chapman University
MOTION - Dumitru
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 20 -11 be read by title only and same was approved and adopted by the
preceding vote.
Page 7
CITY COUNCIL MINUTES January 10, 2012
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 21-11 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Approving the Sixth Amendment to the
Chapman University Specific Plan to add Six Parcels and to Allow the Center for the Arts Use
Located at 415, 421, 425 -439, 441 -455, 457 -471 and 475 -489 North Glassell Street and
Chapman University Parking Lots 2 and 3.
Specific Plan Amendment 0001 -09
Applicant: Chapman University
MOTION -Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 2 1 -11 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION - The City Council recessed at 5:15 p.m. to a
Closed Session for the following purposes:
a. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) One potential case — AB 1236 potential challenge
b. Conference with Legal Counsel — Anticipated Litigation — Significant exposure to litigation
pursuant to Government Code Section 54956.9(b).
1) One potential case.
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
City negotiator: City Attorney David DeBerry
Employee organizations: All Bargaining Units
d. 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.
Page 8
CITY COUNCIL MINUTES
January 10, 2012
12. ADJOURNMENT —The City Council adjourned at 5:15 p.m. There is no 7:00 p.m.
session. The next Regular City Council meeting is scheduled for January 24, 2012.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 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.
N ELINA ANDRE US
' PUTY CITY CLERK
Page 9