Council Minutes 08/09/11APPROVED BY THE CITY COUNCIL ON AUGUST 23, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 9, 2011
The City Council of the City of Orange, California convened on August 9, 2011 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 Mike Sciarra, Grace Brethren 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
Mayor Cavecche announced the Concerts in the Park continuing every Wednesday
night at 7:00 to 8:30 p.m. at the Hart Park bandshell through August.
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
August 9, 2011
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 July 21, July 26 and July 28, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of July 26, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement for the Transfer of Ownership of the Police Service Dog, Hondo,
currently assigned to the Police Department's Canine Team from the City of
Orange to Officer Ryan Johnson. (A2100.0 Agr -5789
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement with Orange International Street Fair, Inc. (OISF) for Production of
the Street Fair. (A2100.0 Agr- 1071.H)
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.6 Agreement with InfoSend, Inc. for Statement Printing and Mailing Services for
Utility Billing and Business License Division in an amount not to exceed $163,000
(including postage). (A2100.0 Agr -5791)
Discussion - At the request of Mayor pro tem Smith, the Finance Director clarified the
policy and procedures for water bills and noted this change is because of current
problems.
MOTION - Smith
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
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 August 9, 2011
3. CONSENT CALENDAR (Continued)
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. Joyce Constantine
b. Robert Schuller
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Award of Contract — Bid No. 112 -01; Mechanical Services Preventive
Maintenance for Heating, Ventilation, and Air Conditioning Equipment (HVAC)
at Various City Buildings. (A2100.0 Agr -5792)
ACTION: Awarded contract to Integrity Automated Solutions in the amount of
$60,755.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
3.9 Final Acceptance of Bid No. 101 -35; Chapman Avenue Emergency Slope Repair
Project performed by AIS Construction Company. (No staff report required.)
(A2100.0 Agr -5755)
ACTION: Accepted public work improvements, authorized release of Arch Insurance
Company, from the State of Missouri, Bond No. SU 1109773 in the amount of
$53,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
FACILITIES
3.10 Request to close the Orange Public Library facilities to the Public on the
Following Dates for FY 11 -12: Saturday, September 3 rd for International Street
Fair; Wednesday, November 23 at 6 p.m. for Thanksgiving; and Monday,
January 16 2012 for Staff Development Day. (C2500.I)
ACTION: Approved.
PURCHASES
3.11 Purchase of Print Materials for Orange Public Library Facilities from Baker &
Taylor, Inc. in the amount of $40,000. (C2500.I)
ACTION: Approved.
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CITY COUNCIL MINUTES August 9, 2011
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 10574 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange Approving Lot Line
Adjustment No. LL 2011 -02 Merging Two Lots of Certain Real Properties Situated at
3901 W. Metropolitan Drive, in the City of Orange, County of Orange, State of
California.
ACTION: Approved.
SPECIAL EVENTS
3.13 Request from Orange Elderly Services for the temporary closure of the Municipal
Parking Lot at 170 S. Olive St. (adjacent to Orange Elderly Services Center),
Saturday through Sunday, October 8 and 9, 2011, for a special event. (P2500.0.9)
ACTION: Approved.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.6 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS
August 9, 2011
7.1 Participation in the Alternative Voluntary Redevelopment Program. (A2500.0)
Discussion — Economic Development Department Director Jim Reichert provided the staff
report, detailing the impacts and the differences between ABX1 26 and ABX1 27. He also
summarized the recommendation to Council to adopt the ordinance to preserve local
redevelopment resources and retain local control of the assets.
Todd Mooney, Agency Special Counsel, provided information for the Council on the new
legislation's provisions regarding Agency finances, and indicated that there are inconsistencies
in the bill's language.
Council further confirmed with staff the amount of Agency debt, real property assets, and
possible reimbursement to the County for administration fees, if the County became the
oversight agency in the ABX1 26 scenario.
Speakers — The following persons spoke in favor of the Council entering into the State's
Alternative Voluntary Redevelopment Program:
Barry Cottle
Laurie Weidner, Chamber of Commerce Board Chairperson
Scott Dutenhoefer
Heidi Larkin -Reed, Chamber of Commerce CEO
Blake Windal, General Manager, The Block at Orange
Councilmember Dumitru asked about the total debt of the Agency, the use of bond money and
the history behind the acquisition of the Redevelopment owned parking lots.
Councilmember Bilodeau stated his reasons for not supporting the motion:
12% of all property tax is diverted to RDA which is needed by the State and Federal
government; half of the State's money goes to schools, and property values are affected by
the condition of the local schools; he supports using the ORA's large fund balance to pay
down its debt; if the City did not opt -in, the City's general revenue would rise by
approximately $3 million dollars per year.
Councilmember Whitaker stated that he agreed with many of Councilmember Bilodeau's
comments, but that since 1983 redevelopment agency funds have been used in Orange to pay
for infrastructure, and that there is a need for more than $3 million a year to fund existing
projects in a timely manner. He acknowledged that all of the other cities in Orange County are
opting -in. He further stated that the City's minority influence on a new oversight board would
not deter it from liquidating the Redevelopment owned parking lots to obtain revenue for other
agencies. He added the need to have a defensive tool to attract and maintain auto dealerships.
He commented that, with respect to OUSD, other school districts have higher ratings and drive
their property values up in cities that have more aggressive redevelopment agencies. He
commented on his dislike for redevelopment because the City should not be involved in the
market place; however, he is unwilling to lose the fund balance and assets.
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CITY COUNCIL MINUTES August 9, 2011
7. ADMINISTRATIVE REPORTS (Continued)
ORDINANCE NO. 15 -11 (FIRST READING)
An Ordinance of the City Council of the City of Orange, California, Authorizing the City of
Orange to Participate in the Alternative Voluntary Redevelopment Program, Subject to Certain
Conditions and Reservations.
MOTION - Cavecche
SECOND -Smith
AYES - Whitaker, Smith, Cavecche
NOES - Dumitru, Bilodeau
Moved that Ordinance No. 15 -11 be read by title only and same was set for second reading by
the preceding vote.
7.2 Ridgeline Residential Development. (C2300.E)
Discussion — City Attorney David DeBerry provided a staff report, detailing the options before
Council, and responded to a question by Mayor Cavecche regarding the effects on the project if
the Council rescinds the General Plan Amendment resolution.
In response to a request by Councilmember Dumitru for a report on a recent meeting that took
place between the two sides and various staff and elected officials, City Manager John Sibley
characterized the meeting as an attempt to bring the community together, and stated that the
outcome of the meeting was an agreement to meet again to attempt to reach common ground in
the next 30 days. He acknowledged that a Council ad hoc committee had not been established,
but this was a response to the vitriol circulating in the community, and many requests by
constituents to jumpstart discussions to resolve the issues.
City Attorney David DeBerry stated that meetings such as these are typical, but that there isn't
much leeway as the deadline has passed to withdraw the referendum petition, and the Council
must take action.
Councilmember Whitaker stated that while on the Planning Commission he has personally met
numerous times with the two sides on the issues, and if given a chance to bring the community
together, he was willing to support the meetings.
Mayor Cavecche responded that the meeting resulted in agreement on both sides to meet again.
She acknowledged that it did not change the decision the Council has to make, but rather was
an attempt to determine the future of the current project, and reveal affects on any future
project coming forward by the developer.
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CITY COUNCIL MINUTES August 9, 2011
7. ADMINISTRATIVE REPORTS (Continued)
City Manager John Sibley further reported no violation of public laws had occurred, and that
one of the rules was that other projects were not discussed, no agreements had resulted, no
continuance granted, and added that only two elected officials were present so as not to violate
any public meeting laws.
Speakers — The following persons spoke on the project.
Lois Widly
Michelle Gregory
Michelle Pettit - Williams
Nancy Johnson
Connie Bowin
Lynn Canton
Chris Cormack
Don Baddorf
Rose Ellen Cunningham
Matthew Cunningham
Debbie Kiepfer
Laura Thomas
Michael Keegan
Ken Ryan
Laurie Marine
Mark Sandford
Peter Wetzel
Michael Gaughen
Diane Reissmueller
In response to information provided by the City Attorney on the time line for action by the
Council, discussion ensued to schedule a Council meeting to consider the results of additional
meetings by the two sides; as well as the report from the City Attorney on the status of the
project as a result of action to rescind the General Plan Amendment resolution; the status of
any pending litigation; and options for the Council in response to this information.
MOTION - Whitaker
SECOND -Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau
NOES - Dumitru
Moved to direct the City Attorney to prepare a report on the referendum, as called for in the
Elections Code, to provide information on what would happen to the project if the General
Plan Amendment were rescinded or overturned; the contentions in the pending litigation and
analysis on possible merits of the litigation; and set a special meeting for Tuesday, September
6 1 at 7:00 p.m. for action as called for by law.
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CITY COUNCIL MINUTES August 9, 2011
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 CANNON STREET SPEED LIMIT CHANGE (Continued from July 12, 2011.)
(A2500.0 Ord -13 -11 Speed Limits)
Discussion — Councilmember Bilodeau stated his concern for the conditions on Cannon Street,
commenting that it currently has no speed limit, and that the traffic study is over five years old.
He urged the Council to act on the recommendations by the Traffic Commission.
Police Sergeant Jeff Bird responded to questions by Council, detailing the department's
inability to use RADAR, LIDAR, or pace at this location; that Cannon is not considered
residential to require residential speed limit rules apply; and at what speed the limit can be
enforced with RADAR, as well as a recent observation of traffic showed that even with
construction on the street, the average speeds were 39 and 41 in both directions.
Speaker — Marjan Dunn, outgoing - president Linda Vista Elementary School PTA, stated a
need for common sense in addressing the issue of speeding.
Public Works Director Joe DeFrancesco stated that the City Traffic Engineer was unable to
find an alternate finding to keep the speed limit low.
Mayor Cavecche stated she did not like to raise the speed limit, but understands the necessity
based on the 85`" percentile.
ORDINANCE NO. 13 -11 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Section 10.14.050 of
Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau
NOES - Dumitru
Moved that Ordinance No. 13 -11 be read by title only and same was set for a second reading
by the preceding vote.
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CITY COUNCIL MINUTES
August 9, 2011
9.2 ORDINANCE NO. 14 -11 (SECOND READING) (A2500.0 Ord- 14 -11)
An Ordinance of the City Council of the City of Orange Adding a New Section 10.08.080 to
the Orange Municipal Code to Prohibit the Installation of Automated "Red Light" Traffic
Enforcement Systems.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 14 -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 6:45 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick Otto,
Human Resources Director Steven Pham, and Assistant Human Resources Director Mike
Harary;
Employee Organizations: Orange City Fire Fighters and all Misc. Bargaining Groups
b. 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.
12. ADJOURNMENT — The City Council adjourned at 9:00 p.m.
There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for
Tuesday, August 23, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of August 9, 2011 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 regula meeting; and available at the Civic Center City Clerk's Office.
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