3/25/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 8, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 25, 2008
The City Council of the City of Orange, California convened on March 25, 2008, 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, Beacon Hills Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange High School Marine Corps Jr. ROTC
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Mayor' s Award to Mr. Juan Morales for his heroic, life-saving actions.
Presentation of Resolutions to Jon Califf and Donnie DeWees for service on the Design
Review Committee.
Presentation of Proclamation honoring Arbor Day.
2. PUBLIC COMMENTS
Scott Bainbridge, Habitat for Humanity, reported that Habitat for Humanity will be
removing reusable items from houses in Orange that are scheduled for demolition; and
use these items at one of their re-stores. He acknowledged City employee Mark
Winters for contacting Habitat for Humanity about this opportunity.
Nguyen Hung, spoke about problems with the restroom facilities at the Resource
Center. The Mayor asked a representative from Community Services to speak with Mr.
Hung about this issue.
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CITY COUNCIL MINUTES
March 25,2008
3. CONSENT CALENDAR
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 Request Council Confirmation of warrant registers February 14 and 21, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, March 11, 2008, and
Adjourned Regular Meeting March 18, 2008. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending February 29, 2008.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Terminate Consultant Services Agreement with ABSG Consulting, Inc. (ABSG)
for design oversight and construction management services for the new Fire
Headquarters Project and approve a Consultant Services Agreement with
Willdan. (A2100.0 Agr-5249)
SUMMARY: On February 12,2008 the City Council awarded a Consultant Services
Agreement to ABSG for the performance of design oversight and construction
management for the proposed new Fire Headquarters. The principals of ABSG's EQE
Program and Construction Management Group moved their practice from ABSG to
Willdan, effective February 25, 2008. As a result, ABSG no longer has the capability
of providing the required services.
ACTION: 1) Terminated Consultant Services Agreement with ABSG Consulting
Inc.; and 2) Approved a Consultant Services Agreement between the City and Willdan
in an amount not to exceed $293,725 for the design and construction management
services for the new Fire Headquarters; and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
500-3021-481105-2977 (Fire Station 1) $1,273,113
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3. CONSENT CALENDAR (Continued)
BIDS
3.6 Approval of Plans and Specifications for EI Camino Real Park Renovation C.I.P.
Project 0607, and authorization to advertise bids. (C2500.M.4.12)
SUMMARY: Plans and specification have been completed to renovate the ball fields,
utilities, lighting, irrigation, landscaping, and various buildings at EI Camino Real Park.
The project is ready to be advertised for bids. The probable construction estimate
based on the 90% construction documents including a standard 10% construction
contingency is $8,430,056.18.
ACTION: 1) Approved Addendum to Negative Declaration No. ENV 1770-06 for the
EI Camino Real Park Renovation Project; and 2) Approved plans and specifications,
allowing the Community Services Director to make any necessary changes, and
authorize advertising for bids for the EI Camino Real Park Renovation project.
FISCAL IMP ACT: The following funds are currently allocated to this project as
follows:
511-7021-4811 05-0607 (EI Camino Real Park - Park Development Fees)
$4,391,779.04
Staff will be bringing forward a cooperation agreement with the Orange
Redevelopment Agency (ORA) at the time of award of bid for Agency funding of
certain public improvements relating to the EI Camino Real Park Renovation as
follows: ORA Tax Allocation Bonds - EI Camino Real Park 2,900,000.00
Chapman University has pledged to fund enhanced improvements to the premier
softball field as follows (final contribution will be determined after bids are received):
Fund 550 EI Camino Real Park - Chapman University
271,000.00
Final fund sources and amounts will be determined at the time City council approves
the award of bid.
3.7 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. Joe Hamby
b. Toni Erickson
c. Michael Martin
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.8 Award of Bid No. 078-40 to Altec Industries of Dixon, CA for one
Telescopic/Articulating Aerial Van. (C2500.M.7)
SUMMARY: The purchase of a Telescopic/Articulating Aerial Van is needed for the
Traffic Division of the Public Works Department to perform routine maintenance,
repair and operation of over 158 signalized intersections.
ACTION: Authorized purchase of one Telescopic/Articulating Aerial Van in the
amount of $55,338.20.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
100-5032-422101 Motor Vehicle Additions $55,338.20
3.9 Final Acceptance of Bid No. 067-34; Installation of Traffic Signal and Striping
Improvements at Manchester Ave. and Compton Ave. (No staff report required).
(A2100.0 Agr-5066)
SUMMARY: Bid No. 067-34; Installation of Traffic Signal and Striping
Improvements at Manchester Ave. and Compton Ave. Staff recommends acceptance of
improvements. The contractor was Christopher R. Morales, Inc.
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Company of California, Bond No. 761663P in the amount of
$169,884.00, authorized release of retention funds, and authorized the Mayor and City
Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.10 Final Acceptance of Bid No. 067-25; SP-3501; Police Headquarters Heating,
Ventilation, Air Conditioning System Renewal/Upgrade & Electrical Upgrade
(No staff report required). (A2100.0 Agr-5027)
SUMMARY: Bid No. 067-25; SP-3501; Police Headquarters Heating, Ventilation, Air
Conditioning System Renewal/Upgrade & Electrical Upgrade. Staff recommends
acceptance of improvements. The contractor on said job was CTAC, Inc. dba Central
Tech Co.
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Company of California, Bond No. 732244P in the amount of
$1,320,999.00 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
PERMIT PARKING
3.11 Approval of No Fee Parking Permits in Municipal Parking Lot J [So Orange St.]
for the Assistance League of Orange (10), and First United Methodist Church (2);
and Orange Elderly Services (1) would utilize parking in Municipal Parking Lot F
[So Olive St.]. (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange, First United Methodist Church and
Orange Elderly Services are requesting issuance of NO FEE parking permits to
accommodate their charitable, medical and community activities. This request is
reviewed annually by the City Council.
ACTION: Approved the request to issue parking permits, valid July 1, 2008 thru
December 31,2008.
FISCAL IMP ACT: Loss of $4,680 parking permit fees.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS -
Councilmember Bilodeau asked staff to bring back a report on streamlining the process for
Councilmembers to agendize reports for Council meetings.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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7. ADMINISTRATIVE REPORTS
7.1 Report by City Attorney - Joint Community Facilities Agreement between the
City of Anaheim and the City of Orange. (A2100.0 Agr-5251)
SUMMARY: An environmental impact report (EIR) for the proposed development of the
Anaheim Platinum Triangle and ARCTIC regional transportation center was adopted by the
Anaheim City Council. The EIR identified several impacts to intersections within the City and
proposed various improvements to mitigate those impacts. Anaheim has proposed the Joint
Community Facilities Agreement as a possible vehicle to fund the Project's share of impacts
on City intersections.
Discussion - City Attorney David DeBerry gave the staff report, stating that Council's consent
is necessary to utilize the funding of the intersection improvements. He responded to a
question by Mayor Cavecche, stating that several options existed to obtain the funds from the
City of Anaheim.
Councilmember Smith stated that she did not want to see Orange businesses removed due to
widening the Chapman and Main intersection to allow for the City of Anaheim to establish
businesses. She asked when the review process would occur to provide City's comments and
voice either disagreement or agreement with the proposed widening.
Mr. DeBerry indicated that the City would have to approve the project before the widening
could occur.
Mayor Cavecche expressed her opposition to the Santa Ana River bridge at Collins proposal
and noted that the EIR was not provided for review.
Councilmember Bilodeau questioned the City's ability to pay upfront, and suggested that
Anaheim could front the money and provide the City with a reimbursement mechanism.
City Attorney David DeBerry, responding to a question from Mayor Cavecche, stated that the
agreement does not lock the City into the percentages reported in the staff report; that the
agreement is just a funding mechanism.
City Manager John Sibley stated that staff has indicated to the City of Anaheim that since the
improvements are needed for their projects, they would need to agree to a reimbursement by
the City of Orange.
Mayor Cavecche reiterated that the agreement is basically a funding mechanism and that
discussions with Anaheim should frame the improvements to Orange's advantage, as well as
addressing mitigation of any impacts to Orange neighborhoods.
Mr. Sibley, responding to a question from Councilmember Smith, stated that he would serve as
the point of contact.
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7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10267
A Resolution of the City Council of the City of Orange authorizing the execution and delivery
of a Joint Community Facilities Agreement.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: 1) Adopt Resolution No. 10267 with the understanding that this is just a funding
mechanism and Council comments are to be included as an attachment to the Resolution; and
stating for the record that the City does not agree with the proposed percentages; and
2) Authorize the Mayor and City Clerk to execute the Joint Community Facilities Agreement
on behalf of the City.
FISCAL IMPACT: None. The Joint Community Facilities Agreement does not require the
City to commit to funding or completion of projects for which Joint Community Facilities
Agreement funds are collected.
7.2 Report by Assistant Planning Director - Metrolink Extension Transit Studies for
the Cities of Orange and Villa Park. (T2200.1.4)
SUMMARY: The Metrolink Extension Transit study was undertaken through a joint effort
with the cities of Anaheim, Orange and Villa Park and studies proposed transit options to link
key attractors in the City of Orange with the Orange Metrolink Station. While the City of
Anaheim's response to the Go Local initiative included the preparation of a Transit Master
Plan, the subject study concentrates more on Orange and Villa Park. The study was funded by
the Orange County Transportation Authority's (OCTA) Go Local Grant Program and is
intended to identify ways of improving community access to transportation options, ultimately
increasing Metrolink ridership.
Discussion - Assistant Planning Director Ed Knight gave the staff report detailing the four
options developed as a result of surveys conducted. He responded to questions by
Councilmember Smith, stating that the deadline for Council to make a decision is June 30,
2008, and that OCT A has not provided information on capital costs and maintenance funding.
Mayor Cavecche noted that OCT A has not yet made a decision on the funding mechanism for
the ratio of capital to maintenance/operations for these routes.
Councilmember Bilodeau suggested the railroad quiet zones issue should be addressed prior to
focusing on increasing train ridership.
Mayor Cavecche stated that the City is awaiting the design of the quiet zones and with
matching funds will be able to go forward with construction.
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7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Smith requested more information and more time to consider this issue.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to May 13,2008 Council meeting.
7.3 Report by Community Development Director - Depot-Plaza Pedestrian
Connection Study. Authorization to apply for Orange County Transportation Authority
(OCTA) grant funds. (C2500.G.2.0)
SUMMARY: The Depot-Plaza Pedestrian Connection Study (paseo study) is a feasibility
study that identifies opportunities and design concepts for improving pedestrian connections
between the Santa Fe Depot/Metrolink Station and the Plaza. The study focuses on Maple
Avenue, Almond Avenue, the South Alley, and the North Alley, and recommends
improvements for each study corridor. The study was funded by OCT A's Go Local Grant
Program and is intended to identify ways of improving community access to transportation
options, ultimately increasing Metrolink ridership. Staff is recommending that the Council
accept the paseo study, authorize staff to apply for OCT A funds for implementation of the
recommended paseo improvements, and authorize staff to apply for OCT A funds to perform a
study that evaluates options for widening the sidewalk on Chapman Avenue from the Santa Fe
DepotlMetrolink Station to the Plaza area.
Discussion - Community Development Director Alice Angus gave the staff report.
Senior Planner Jennifer Le responded to concerns expressed by Councilmember Smith, stating
that alterations to buildings would only occur to reveal original aspects of the historic
buildings, and that the alterations would go through the design review process. She stated that
widening of Chapman Avenue is part of the Santa Fe Depot Specific Plan update project.
Councilmember Smith noted concerns with captions on pages 27 and 34 of the study. She also
expressed that where lighting and landscaping are noted, the goal should be to preserve the
historic look and feel of the paseo, as well as address safety. She specified the need to include
the use of acorn lights and other accurate terminology to describe historic features, ensuring no
deviation occurs.
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Dumitru
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: 1) Receive and file the Depot-Plaza Pedestrian Connection Study - as revised to
include language regarding lighting and the alteration of historical buildings, and authorize
staff to submit the study to OCT A pursuant to the Cooperative Agreement for Step 1 Go Local
grant funds; and 2) Acknowledge support of the paseo improvement concept and authorize
and direct staff to pursue Step 2 Go Local grant funding for the Chapman Avenue sidewalk
widening study and for implementation of paseo improvements on Maple Avenue, Almond
Avenue, Lemon Street, Olive Street, Cypress Street, and the South Alley, as identified in the
Depot-Plaza Pedestrian Connection Study.
FISCAL IMP ACT: Design/construction and maintenance costs are summarized below for the
paseo improvements. These costs do not include staff time necessary for project
administration. The cost for the Chapman Avenue sidewalk widening study is also estimated
below.
Depot Plaza Pedestrian Connection Improvements Design
Construction
Annual Maintenance
Chapman Avenue Sidewalk Widening Study Estimate
$ 760,000
$7,280,000
$ 63,650
$ 60,000
7.4 Report by Economic Development Director - Sale and Transfer of two City-owned
properties to the Orange Redevelopment Agency for redevelopment purposes. (A2100.0
Agr-5252-5253)
(See related Redevelopment Agency Minutes Item 7.1)
SUMMARY: Proposed are Purchase and Sale Agreements for the sale and transfer of two (2)
City-owned properties to the Orange Redevelopment Agency for redevelopment purposes.
Discussion - Senior Project Manager Lisa Kim gave the staff report.
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7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10268
A Resolution of the City Council of the City of Orange authorizing the sale of that certain
City-owned real property located at 154 South Grand Street in the City of Orange to the
Orange Redevelopment Agency for redevelopment purposes.
RESOLUTION NO. 10269
A Resolution of the City Council of the City of Orange authorizing the sale of that certain
City-owned real property commonly known as the Lemon Street Parking Lot in the City of
Orange to the Orange Redevelopment Agency for Redevelopment purposes.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: 1) Adopt Resolution No. 10268; and 2) Adopt Resolution No. 10269.
7.5 Report by Assistant Finance Director - Agreement to purchase Eden Enterprise-
wide Financial Management System software and implementation services from Tyler
Technologies, Inc., and retain the services of AEF Systems Consulting, Inc. to provide
ongoing project management services. (A2100.0 Agr-5254; 5017.2)
SUMMARY: An agreement with Tyler Technologies, Inc. (Tyler) for the purpose of
purchasing their Eden Enterprise-wide Financial Management System software and
implementation services. Eden is an Enterprise Resource Planning and Financial Management
System which will replace the current 23-year old Financial Management Information System
as well as provide other solutions such as human resources, building permits and customer
tracking. Tyler's Eden System was the finalist out of seven proposals received and evaluated
by staff.
In addition, this is a request to retain the services of AEF Systems Consulting, Inc. (AEF) to
provide ongoing project management services throughout implementation of the Eden System.
AEF has provided consulting services through the planning, request for proposal, selection,
and contract negotiation processes, and therefore will be invaluable during the implementation
process.
NOTE: Councilmember Murphy abstained on this item due to a potential conflict of interest
with his employment; and left the dais.
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7. ADMINISTRATIVE REPORTS (Continued)
Discussion - Assistant Finance Director David Christian gave the staff report. He responded to
Council questions, stating that the system's life expectancy could be 15-20 years; the Eden
Company will provide technological support; the system can be supported by any IT provider;
and other cities using this system include Manhattan Beach, Downy, Hemet, Temecula and
Westminster.
MOTION - Bilodeau
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSTAIN (RECUSED) - Murphy
Moved to: 1) Approve the agreement with Tyler Technologies, Inc. to purchase and implement
the Eden Enterprise-wide Financial Management System software at a cost not to exceed
$1,118,557, plus a 15% contingency of$170,000 for total of$I,288,557; and
2) Approve the agreement with AEF Systems Consulting, Inc. to provide project management
services at a cost not to exceed $60,000.
7.6 Report by City Attorney - Retention of Consultant to conduct 360 Review of City
Manager. (A2100.0 Agr-5255)
SUMMARY: As part of its annual performance review of the City Manager, the City Council
directed the Personnel Director to solicit proposals for a so-called 360 Review of the City
Manager operations for an amount not to exceed $15,000 and to bring those proposals to the
City Council for consideration. Two proposals were submitted.
Discussion - City Attorney David DeBerry gave the staff report.
Mayor Cavecche suggested the ad hoc committee consist of the Mayor and Mayor pro tem.
Councilmember Bilodeau stated his support for a review, but that he opposed spending the
money at this time, due to the budget constraints.
Councilmember Murphy stated that a comprehensive review is typically done on three levels
of management and that he opposed spending the money at this time due to budget constraints;
but suggested waiting until better economic times to perform a multi level review.
Councilmember Smith stated the single level review was sufficient, and that the expense
compared to the value was acceptable. She noted there has not been an established process for
a review and a formal review was necessary; and this would afford the City Manager
opportunity for growth and affirmation for success.
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7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche stated that during an economic downturn is exactly the best time for this type
of review, that the City Manager needs every tool possible during this time and will allow him
the opportunity to gain insight and wisdom.
Councilmember Dumitru supported the review proposed.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru
NOES - Murphy, Bilodeau
Moved to: 1) Retain Creative Management Solutions; and City Attorney shall draft an
agreement and authorize execution thereof by the Mayor and City Clerk; and
2) Appoint a City Council ad hoc committee comprised of Mayor Cavecche and Mayor pro
tem Dumitru to interact with the Consultant.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1
RESOLUTION NO. 10274 (OC1300.J)
TAPE 2375
A Resolution of the City Council of the City of Orange Opposing the use of Theo Lacy Jail
Facility as a State Re-entry Facility, Imploring the Board of Supervisors of the County of
Orange not to Undertake a Program which Violates the Court Judgment in City of Orange v.
Orange County Sheriff/Orange County Board of Supervisors, Case No. BS029472; and to
Abide by the Theo Lacy Memorandum of Understanding by and between the City Council of
the City of Orange, the Orange County Board of Supervisors and the Orange County Sheriff.
Discussion - City Attorney David DeBerry gave the staff report. He stated that the Acting
County Sheriff had sent a letter to the City commenting on various aspects of the resolution
and the County's perspective of the issue.
Councilmember Murphy stated that the MOU agreement with the County had been entered
into for expansion of facilities and did not include allowing for a re-entry program for State
prisoners; adding that the County had contacted the City previously on lesser significant issues
during the term of the agreement. He reiterated the need to send a consistent message that the
County must abide by what was agreed upon.
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9. LEGAL AFFAIRS (Continued)
Mayor pro tem Dumitru stated that the neighborhoods near the jail are affected by the many
County facilities in the area, and that past Councils have taken a strong position to protect the
City's rights and that this Council must stand strong as well.
Councilmember Bilodeau agreed the County's proposal would violate the terms of the
agreement.
Mayor Cavecche clarified the process of inmate release at the state and county levels. She
asked for follow up verification on the steps the County takes when releasing inmates.
MOTION - Smith, Murphy, Cavecche, Dumitru, Bilodeau
SECOND - Smith, Murphy, Cavecche, Dumitru, Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10274.
9.2 ORDINANCE NO. 1-08 (SECOND READING) (T4000.0 TTM-17141)
An Ordinance of the City Council of the City of Orange approving the amended Archstone
Gateway Specific Plan.
Applicant: Archstone Communities
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
ABSTAIN - Bilodeau
NOTE: Councilmember Bilodeau abstained on this item due to a potential conflict of interest
with his employment.
Moved that Ordinance No. 1-08 be read by title only and same was approved and adopted by
the preceding vote.
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9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 5-08 (FIRST READING) (A2500.0 Ord -05-08)
An Ordinance of the City Council of the City of Orange Amending Chapters 3.13, 3.40, 3.50,
15.38, 15.41 and 16.60 of the Orange Municipal Code Regulating Payment ofImpact Fees.
Discussion - City Attorney David DeBerry gave the staff report. He responded to a question
by the Mayor, stating that the Impact Fee will be paid at the time the Certificate of Occupancy
is issued for each unit.
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 5-08 be read by title only and same was set for second reading by
the preceding vote.
9.4 ORDINANCE NO. 7-08 (FIRST READING) (A2500.0 Ord-07-08)
An Ordinance of the City Council of the City of Orange Adding Section 5.10.01OF Relating to
Disclosure of Businesses to the Orange Municipal Code.
Discussion - Finance Director Rich Jacobs gave the staff report. In response to various
Council questions, he stated:
· Owners of business complexes would be required to provide a list of renters that would
ensure each business possesses a business license;
· Based on information received from the Franchise Tax Board, it is estimated that
approximately 7,000 businesses in Orange do not have a license;
· The new Enterprise-wide Financial Management System will help with tracking businesses;
· The Police, Fire and Public Works Departments will have access to this information for
emergency purposes.
· Most businesses pay less than $100 per year for their license.
· Identifying businesses assists in ensuring that a business is being conducted in the proper
zone.
Mayor Cavecche and Councilmember Bilodeau shared their desire to streamline the licensing
process to encourage some businesses to come into the city without a financial hardship.
MOTION
SECOND
AYES
NOES
- Dumitru
- Cavecche
- Smith, Murphy, Cavecche, Dumitru
- Bilodeau
Moved that Ordinance No. 7-08 be read by title only and same was set for second reading by
the preceding vote.
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10. PUBLIC HEARINGS
10.1 WIRELESS COMMUNICATION FACILITIES ORDINANCE AMENDMENT.
The public hearing to consider an amendment to the Orange Municipal Code to reflect changes
to the Wireless Communications Facilities definitions and provisions; was continued to this
time from February 26. 2008.
NOTE: Staff has requested a continuance of this item to April 22, 2008 at 4:30 p.m. for
further study.
ORDINANCE NO. 6-08 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Sections 17.04.042 and
17.12.025 of the Orange Municipal Code to update definitions and procedures pertaining to the
placement and design of Wireless Communication Facilities.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to April 22, 2008, at 4:30 p.m.
10.2 IRVINE COMMUNITY DEVELOPMENT COMPANY - TENTATIVE TRACT
MAP NO. 0022-07 (TTM 17185) AND DESIGN REVIEW COMMITTEE NO. 4266-07.
(T4000.0 TTM-17185) TAPE 3100
The public hearing to consider a proposal to subdivide approximately 785 acres into 604
numbered and 198 lettered lots to primarily provide building sites that would accommodate a
maximum of 1,200 residential dwelling units was continued to this time from March 11.2008.
The proposal also includes tract-wide improvements to provide a graded site with landscaping,
trails, fencing, roadways, controlled access gate, fuel modification areas and open space.
Property is located North of Santiago Canyon Road, East of Irvine Lake (East Orange Planned
Community Area 2).
NOTE: The public hearing had been closed.
Discussion - City Attorney David DeBerry gave the staff report, noting that at the last Council
meeting a deadline was imposed for collection of further documentation. He also stated that
the primary issue for consideration is whether or not significant new information has become
available and its effect on this project since the November 2005 approval of the EIR. He
explained that a letter was received from the Serrano Water District addressing a land swap
with the Irvine Company; noting the Council can proceed with consideration of the tentative
map, and that prior to recording the final map, and before construction can begin, the Irvine
Company will be required to prove ownership of the land.
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10. PUBLIC HEARINGS (Continued)
In response to questions from Mayor pro tem Dumitru, Dan Miller, Irvine Company
representative, explained that some of the land is owned by the Nature Reserve of Orange
County (NROC) and/or the County of Orange, with other land under the ownership of The
Irvine Company with the Irvine Ranch Conservancy as the land manager. He added that
acceptance of stewardship of open space areas by either NROC, the Irvine Ranch Conservancy
or the HOA, will be decided on at a later time.
In response to questions from Councilmember Smith, Mr. Miller stated that there are multi-use
trails that allow equestrian use and trails intended for biking or hiking only. He reiterated that
the County regional multipurpose trails allow equestrian use, and reported the length of the
trail at 1.7 miles within this tract. He added that there are a combination of various types of
trails throughout the larger development.
Mr. Miller explained that the land swap being considered would give the Water District land
around the lake boundary, and the Irvine Company would get land to be utilized for
landscaping along slopes. He explained the land swap is addressed in an MOU between Irvine
Ranch Water District, Serrano Water District and the Irvine Company, and is to be finalized
before the approval of the final map.
Mr. Miller reported that the map considered in the 2005 meetings was a very detailed map
showing housing units and trail locations, representing what the tract map would be.
Councilmember Smith clarified with Mr. Miller that extensive discussions and outreach to the
community to discuss the trails occurred in 2005. Mr. Miller stated that in addition to
outreach/meetings in the community, the City's Park Planning and Development Commission
had approved the master trail plan in 2005.
In response to questions from Mayor pro tem Dumitru, Mr. Miller stated most native trees will
be protected, but that those that are removed, will be replaced 20 to 1.
RESOLUTION NO. 10266
A Resolution of the City Council of the City of Orange approving Tentative Tract Map No.
0022-07 (TTM 17185) and Design Review Committee No. 4266-07 to allow the subdivision of
785 acres for the residential development of up to 1,200 dwelling units, including associated
tract-wide improvements on property located on the north side of Santiago Canyon Road, East
of Irvine Lake - East Orange Planned Community Area 2.
Applicant: Irvine Community Development Company
PAGE 16
CITY COUNCIL MINUTES
March 25,2008
10. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10266.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Attorney announced there is a need to take action on an item in Closed Session
regarding a conference with Real Property Negotiators on property at 206 S. Center.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that there is a need to take action on a Real Property Negotiation for property at 206 S.
Center and that need arose after posting of the Agenda.
The City Council recessed to a Closed Session at 6:30 p.m. for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary
Employee Organizations: Fire Management, Fire Union and Top Management
b. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 206 S. Center
City Negotiators: John Sibley and Rick Otto
Negotiating Party: Ricci Family Trust
Under Negotiation: Price and Terms
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.
PAGE 17
APPROVED BY THE CITY COUNCIL ON APRIL 8, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 25, 2008
7:00 P.M. SESSION
13. PUBLIC COMMENTS - None.
14. PUBLIC HEARINGS
14.1 SANTIAGO CREEK BIKE TRAIL (B5000.0)
Time set for public hearing to consider a proposal to construct a Class I bike trail along
Santiago Creek from Tustin Street to Walnut Avenue and on city-owned, abandoned railroad
right-of-way from W alnut Avenue to Collins Avenue. A portion of the proposed bike trail is
located on un-zoned railroad right-of-way; therefore the project also proposes zoning the un-
zoned railroad right-of-way to R-O (Recreation Open Space) and a General Plan Amendment
changing the General Plan land use designation of the railroad right-of-way from LMDR (Low
Medium Density Residential) and MDR (Medium Density Residential) to OS-P (Open Space
Parks) for consistency.
Discussion - Community Services Director Marie Knight gave the staff report, stating that
tentatively, the request for authorization to bid is scheduled for Fall, 2008; and the date to
commence construction is Spring, 2009.
Mayor Pro tem Dumitru questioned the funding issue, and clarified the project's status as an
ongoing Construction Improvement Project (CIP).
Mrs. Knight stated that there is a current shortfall to be addressed through grant funding by
Orange County Transportation Authority (OCTA), as well as opportunities for a water quality
grant and a recreation trails program grant.
Councilmember Smith stated that she supported a community member's suggestion for signage
along the trail and commented on the need to set hours for use of the bikeway, instead of
simply dusk to dawn; and asked that this be looked at, with a focus group, prior to the trail
opemng.
THE MAYOR OPENED THE PUBLIC HEARING -
Speaking in favor of the project were:
Shirley Grindle
John Moore
Roy Shabazian
Pamela Galera
Dave Casselman, also asked about additional security lighting.
James Donovan, U. S. Department of Interior, National Park Service, spoke on the various
partnerships involved with this project.
Pa2:e 18
CITY COUNCIL MINUTES
March 25, 2008
14. PUBLIC HEARINGS (Continued)
THE MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10273
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration 1772-06, General Plan Amendment 2006-0002 and Minor Site Plan
Review 0446-06, to accommodate the construction of a Class I Bike Trail along Santiago
Creek from Tustin Street to Walnut Avenue and on city owned railroad right of way from
W alnut Avenue to Collins Avenue.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10273.
ORDINANCE NO. 8-08 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
several strips of land generally located along Santiago Creek from Tustin Street to Walnut
Avenue and on vacant City owned abandoned railroad right of way from Walnut Avenue to
Collins Avenue, from un-zoned to R-O (Recreation Open Space)
Zone Change 1239-06; Applicant - City of Orange
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 8-08 be read by title only and same was set for second reading by the
preceding vote.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to authorize the city Manager to execute all documentation regarding regulatory
permits.
PAGE 19
CITY COUNCIL MINUTES
March 25, 2008
14. PUBLIC HEARINGS (Continued)
14.2 APPEAL NO. 0525-08 - THE TACO COMPANY; APPELLANT -
COUNCILMEMBER DENIS BILODEAU. (A4000.0 APP-0525-08)
Time set for public hearing to consider an appeal of Planning Commission approval of a
Conditional Use Permit 2687-07 to allow an ABC upgrade from a Type 41 On Sale Beer and
Wine to a Type 47 On Sale General license for an existing restaurant, EI Conejo Inc., DBA
The Taco Company, located at 1009 North Tustin Street.
Discussion - Staff report was given by Community Development Director Alice Angus who
stated the intention of the restaurant is to expand to full service with the issuance of the Type
47 license; and suggested a condition regarding this service.
Councilmember Bilodeau, appellant, stated the following concerns:
· This ABC license would be a transfer from the former Rockin' Sushi restaurant;
· The need to determine if this restaurant is definitely expanding to full service, serving hard
liquor;
· The Planning Commission approval resolution did not list conditions placed on full service
restaurants, such as the need to stop serving alcohol one hour before closing;
. The Census Tract surpassing its crime statistics level;
· Issues with possible restaurants in the future at this same location as the CUP runs with the
property.
Police Sergeant Bird, responding to Mr. Bilodeau's question as to why the Police Department
is supporting the issuance of the ABC license, listed the four criteria considered:
1. Crime Stats in the area decreased over one year;
2. Census Tract concentration levels of ABC licenses-8 ABC licenses allowed, 7 exist;
3. Burden on Police services;
4. Burden on the community.
Mayor Cavecche asked about listing the hours of operation on the conditions of approval.
Assistant City Attorney Wayne Winthers responded that ABC regulations can take precedence
on operating hours, but the City is allowed to require a condition that service of alcohol must
cease one hour before closing.
Sergeant Bird, responding to a question by Mayor pro tem Dumitru, indicated this restaurant
has a good standing with the city, it has been renovated along Tustin Street; it is taking an
existing license in the area, and it does not have any problems with the State ABC Department.
THE MAYOR OPENED THE PUBLIC HEARING.
PAGE 20
CITY COUNCIL MINUTES
March 25,2008
14. PUBLIC HEARINGS (Continued)
Tom Borchard, Attorney representing the restaurant owners, stated that the plan is to expand to
a full service restaurant, not a bar. He indicated the conditions being proposed are not a
concern to the owners. He asked for reconsideration of the one-hour condition for ceasing the
service of alcohol, as the owner is planning on late-night dining. He reiterated this operation
will not be operating as a bar or club. He stated that the hours of operation are being planned
for 11 :00 a.m. to 12:00 a.m.
THE MAYOR CLOSED THE PUBLIC HEARING.
Councilmember Bilodeau agreed to adding the suggested condition requlflng a sit-down
restaurant.
Councilmember Smith commented on the policies that the Planning Commission is
establishing for ABC applications to bring citywide conformity in business practices for
restaurants serving alcohol. She stated that most of the CUPs in Orange currently have the
provision of stopping the service of alcohol one hour before closing, but the City does not
dictate the hour of closing.
Mayor Cavecche stated her support for standardization of the rules for time limits on serving
alcohol.
Restaurant owner, Marco Castellano stated that he had no problem with beginning the service
of alcohol at 11 :00 a.m.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve the appeal, approving Conditional Use Permit 2687-07 with the added
Condition - As long as a restaurant is on the parcel and maintains an ABC Type 47 On-Sale
General for a Bonafide Eating Establishment license, the restaurant is required to be a sit down
restaurant with full wait service inside the building and on the patios; and a modification to
Condition No. 11 - Sales, service and consumption of alcoholic beverages shall be permitted
from 11 :00 a.m. to one hour prior to closing.
PAGE 21
CITY COUNCIL MINUTES
March 25, 2008
14. PUBLIC HEARINGS (Continued)
14.3 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND
HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM ANNUAL
ACTION PLAN. (C2500.G.1.3.)
Time set for public hearing to consider the CDBG Program Committee's funding
recommendations for the FY 2008-09; and to consider the allocation of funds for affordable
housing projects that are identified during the year.
Discussion - Senior Housing Manager Mary Ellen Last provided a staff report.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
The following persons spoke on the proposed funding recommendations:
Cathy Seelig, Friendly Center
Sue Counts, Assistance League of Orange
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
FY 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Orange County Fair Housing Council
Gran e Fair Housin Counselin, Education, and En orcement
Non ro zt A encies Administration Subtotal
ADMINISTRATION TOTAL $
25,200
25,200
262,757
25,200
25,200
$ 262,757
PAGE 22
CITY COUNCIL MINUTES
Gran e Senior Citizen Center
Public Works (Projects listed in priority order.)
. . I .
De artments Facilities/1m rovement/Rehabilitation Subtotal
120,903
80,000
110,000
270,000
11,000
120,000
$
904,153
Hart Community Homes
Prewitt and Brad Homes U. rade 2008
Helping Our Mentally III Experience Success, Inc.
Rile House Rehabilitation
Olive Crest Treatment Services Center, Inc.
Palm House Re urbishment
Paint Your Heart Out, Inc.
Paint Da - Ci 0 Gran e
Rebuilding Together Orange County
Sta in Sa e at Home 2008-2009
$
5,000
7,680
5,000
20,000
12,000
$
Non ro t A encies Public Facilities/1m rovements/Rehabilitation Subtotal
[>>UBLICFACILITIES/lMPRO~II.JI{\'Dg~
...':fOTAl..t0'
43,170
I I I
AIDS Services Foundation Orange County
Nutrition Services Program
Assistance League of Orange
G eration School Bell
Colette's Children's Home
Emer enc and Transitional Shelter
Council on Aging - Orange County
Linka es Case Mana ement Pro ram
$
10,000
7,500
20,000
15,000
March 25, 2008
120,903
80,000
110,000
270,000
11,000
120,000
$
5,000
7,680
5,000
20,000
12,000
43,170
o
6,000
4,299
o
PAGE 23
CITY COUNCIL MINUTES
March 25, 2008
Friendly Center, Inc.
Emer enc Assistance and Su lemental Food Pro ram
Human Options
Sa e 0 tions or Seniors
10,000
9,001
Interval House
Domestic Violence Crisis Su ort Services
Legal Aid Society of Orange County
I-CAN! E-File Earned Income Tax Credit Pro ram
Mariposa Women and Family Center
Mari osa Famil Pro ram
Women's Transitional Living Center, Inc.
Inde endence rom De endence
YWCA of Central Orange County
First Ste s Transitional Housin
Non ro It A encies Public Services Subtotal $
PUBLIC SERVICES TOTAnrf~.$.;
GRAND TOTAL $
7,000 0
6,000 0
6,600 4,299
10,000 4,299
6,000
$ 33,898
$ 1,413,658
CD
CDBG FUNDS AVAILABLE FOR FY 2008-09
FY 2008-09 Grant $ 1,313,786
Prior Year Funds Rebudgeted for FY 2008-09 + 99,872
Total FY 2008-09 Budget $ 1,413,658
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to:
Community Development Block Grant Program -
1) Approve the funding recommendations of the CDBG Program Committee for the City of
Orange FY 2008-09 CDBG Program;
2) Authorize staff to request and receive $1,313,786 in FY 2008-09 CDBG funding from the
United States Department of Housing and Urban Development (HUD) and rebudget $99,872
of FY 2007-08 CDBG contingency funds for a total FY 2008-09 CDBG Program budget of
$1,413,658;
3) Authorize the City Manager or his designee to execute the FY 2008-09 CDBG Program
Grant Agreement and all related documents on behalf of the City; and
4) Authorize the City Manager or his designee to execute FY 2008-09 Memoranda of
Understanding with City Departments, subrecipient Agreements with nonprofit agencies, and
all related CDBG Program documents.
HOME Investment Partnership Act Program -
5) Authorize staff to request and receive $585,745 in FY 2008-09 HOME funds from the
United States Department of Housing and Urban Development (HUD); and
6) Authorize the City Manager or his designee to execute the FY 2008-09 HOME Program
Grant Agreement and all related documents on behalf of the City.
PAGE 24
CITY COUNCIL MINUTES
March 25,2008
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
The City Council adjourned at 8:45 p.m. to an Adjourned Regular Meeting, Joint Study
Session with the Planning Commission, Traffic Commission and Park Planning and
Development Commission, on April 1, 2008 at 5 :00 p.m. in the Weimer Room to review the
FY 2008-09 Capital Improvement Plan Budget.
The next Regular Council meeting is scheduled for April 8, 2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 25, 2008 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.
I'
LIt,
PAGE 25