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Council Minutes 05/10/11APPROVED BY THE CITY COUNCIL ON MAY 24, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 10, 2011 The City Council of the City of Orange, California convened on May 10, 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 Given by Pastor Orlando Barela — Household of Faith 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Led by Councilmember Bilodeau 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Adult Volunteers with the Orange Public Library. Community Foundation Presentation to Participants of the Foundation Games. Proclamation recognizing National Public Works Week, May 15 -21, 2011. 2. PUBLIC COMMENTS Daniel Graupensperger spoke on the recent contract for ambulance services entered into by the City, asking questions about the new program. Allena Kaplan, Second Harvest Food Bank, announced a food drive on May 14 through the collection of non - perishables by the U. S. postal service mail carriers. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR May 10, 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 is 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 April 21 and April 28, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of April 26, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Sixth Amendment to Agreement No. 4887 with Hall & Foreman, Inc. for the Santiago Creek Bike Trail, Tustin -to- Collins segment. (A2100.0 Agr- 4887.6) ACTION: Approve the Sixth Amendment and authorize the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.5 First Amendment to Agreement No. 3553.J with Judicial Data Systems Corporation for additional funds for processing parking citations. Speaker - Mr. Wayne King made suggestions for the improvement of the citation processing program. Mayor Cavecche requested the item be continued to receive further information on the company, extension of contract details, and where fees go. MOTION - Cavecche SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to May 24, 2011 meeting for Council to receive further information. Page 2 CITY COUNCIL MINUTES May 10, 2011 3. CONSENT CALENDAR (Continued) APPROPRIATIONS 3.6 Accept into the City's Revenue Budget and Appropriate $29,500 from the Pitch an Idea Library Services & Technology Act (LSTA) grant to digitize audio visual materials. (C2500.I) ACTION: 1) Accepted into the City's revenue budget $29,500 from an LSTA grant into 100.2001.45150.20079 (Pitch an Idea Grant); and 2) Appropriated funds into 100.2001.51670.20079 [Pitch an Idea (Other Professional)]. BIDS 3.7 Bid No. 101 -39; Citywide Traffic Striping and Pavement Markings. Approve plans and specifications; request authorization to advertise for bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising Bid No. 101- 39 for the installation of traffic striping, pavement markings and raised pavement markers citywide. (REMOVED AND HEARD SEPARATELY) 3.8 Bid No. 101 -38; Old Towne Street Lighting Improvements on Cypress Street, Lemon Street, Olive Street, and Almond Avenue. Approval of plans and specifications, and request for authorization to advertise for bids. Discussion - Councilmember Bilodeau stated his opposition to spending redevelopment money on this project, stating that there were other infrastructure needs better suited for the funds, and asked if the findings had been made to permit the use of redevelopment money on this project. Economic Development Director Jim Reichert stated the findings had been made in a cooperation and reimbursement agreement approved by Council in 2008. Councilmember Dumitru stated his opposition, commenting that the money is best used on more important infrastructure needs. Mayor pro tem Smith supported the upgrade of the lighting, stating it was a safety improvement for the neighborhood. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Moved to approve plans and specifications and authorize advertising Bid No. 101 -38 for the Old Towne Street Lighting Improvements Project. Page 3 CITY COUNCIL MINUTES May 10, 2011 3. CONSENT CALENDAR (Continued) 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. Abeda Dadabhoy b. Michael Gualiano C. Ray Knefel d. Tuan Le e. Irene Savinana f. Candace Dean ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.10 Award of Contract - Bid No. 101 -33; Tustin Street and Chapman Avenue Sewer Line Replacement Project. (A2100.0 Agr -5763) ACTION: Awarded the contract in the amount of $381,523.25 to Mike Prlich & Sons, Inc. of Baldwin Park, CA and authorized the Mayor and City Clerk to execute on behalf of the City. 3.11 Award of Contract - Bid No. 101 -27; Landscape Maintenance of City Parks and Recreation Trails to Merchants Landscape Services, Inc. (A2100.0 Agr -5764) ACTION: Awarded the contract to Merchants Landscape Services, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. 3.12 Final Acceptance of Bid No. 090 -29; Painting Traffic Signal Equipment — project performed by Econolite Traffic Engineering & Maintenance, Inc. (No staff report required. (A2100.0 Agr -5558) ACTION: Accepted public work improvements; authorized release of Fidelity and Deposit Company of Maryland, Bond No. LPM7615958 in the amount of $74,140.00 to the contractor on said job. Page 4 CITY COUNCIL MINUTES May 10, 2011 3. CONSENT CALENDAR (Continued) 3.13 Final Acceptance of Bid No. 034 -12; Installation of Traffic Striping, Pavement Markings and Pavement Markers — project performed by Sudhakar Company International. (No staff report required.) (A2100.0 Agr -4371) ACTION: Accepted public work improvements; authorized release of Greenwich Insurance Company of Delaware, Bond No. 45038083 in the amount of $87,500.00 to the contractor on said job. 3.14 Final Acceptance of Bid No. 101 -07; Concrete Street Rehabilitation at Various Locations - project performed by Kormx, Inc. (No staff report required (A2100.0 Agr -5685) ACTION: Accepted public work improvements; authorized release of American Safety Casualty Insurance Company of Oklahoma, Bond No. 20- SBA - 300657 in the amount of $340,910.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PARKING 3.15 Approval of NO FEE parking permits in Municipal Parking Lot No. 2 on South Orange St. for the Assistance League of Orange (10), and the First United Methodist Church (2). (S4000.S.3.1.2) ACTION: Approved the request and issue the parking permits to be valid from July 1, 2011 through December 31, 2011; and January 1, 2012 through June 30, 2012. RESOLUTIONS 3.16 RESOLUTION NO. 10551 (S4000.S.4) A Resolution of the City Council of the City of Orange summarily vacating a portion of a street easement at Providence Avenue and Bush Street, as excess street right -of -way that is no longer needed for street purposes. NOTE: Councilmember Bilodeau noted an abstention on this item due to a possible conflict with employment. ACTION: Approved. Page 5 CITY COUNCIL MINUTES May 10, 2011 3. CONSENT CALENDAR (Continued) 3.17 RESOLUTION NO. 10552 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2011 -01 merging two lots of certain real properties situated at 900 and 908 East Lincoln Avenue, in the City of Orange, County of Orange, State of California. Owners: M & M Associates ACTION: Approved. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.5 and 3.8 were removed and heard separately. Councilmember Bilodeau noted an abstention on Item 3.16 due to a possible employment conflict. All other items were approved. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE 4.1 Consideration of Appointment of Christian Vaughan to the City Traffic Commission, to fill the unexpired term of Larry Dick, term expiring June 30, 2011. MOTION - Cavecche SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to appoint Christian Vaughan to the City Traffic Commission, to fill the unexpired term of Larry Dick, term to expire June 30, 2011. 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None Page 6 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS May 10, 2011 9.1 ORDINANCE NO. 06 -11 (FIRST READING) (A2500.0 Domicile of Parolees) An Ordinance of the City Council of the City of Orange Adding a New Chapter 9.11 to the Orange Municipal Code Relating to Domicile of Parolees. Discussion — City Attorney David DeBerry stated this is an added condition for parolees to limit the number of parolees residing in a residence with certain exceptions. Police Captain Dan Cahill stated the Police Department supports this Ordinance, giving the Police an additional tool for enforcement. Councilmember Dumitru stated the need to add the words `legal guardian' where parent is stated in the ordinance language; and received clarification from staff on the crime free lease addendum parolees are required to sign, giving the apartment owner eviction opportunities if the parolee breaks the law. MOTION - Cavecche SECOND -Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 06 -11 be read by title only and same was set for second reading by the preceding vote, with the words legal guardian added to the language where the word parent is stated. 9.2 ORDINANCE NO. 08-11 (SECOND READING) (A2500.0) An Ordinance of the City Council of the City of Orange Adding New Mixed Use Zoning Standards, Definitions, and Specific Administrative Procedures to Title 17 of the Orange Municipal Code to Implement the New Mixed Use Land Use Designations of the 2010 General Plan. The City Council adopted, for first reading, Ordinance No. 08 -11, establishing development standards within the mixed use zoning with one change, the striking of one sentence in Section 17.19.100. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 08 -11 be read by title only and same was approved and adopted by the preceding vote. Page 7 CITY COUNCIL MINUTES May 10, 2011 9. LEGAL AFFAIRS (Continued) 9.3 ORDINANCE NO. 09-11 (SECOND READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1258 -10 Establishing Consistency between General Plan Land Use Designations and Zoning Classifications in Accordance with State Law. In adopting Ordinance No. 09 -11 for first reading, the City Council segmented each area that was being considered for the mixed use zoning and took a separate vote on each area. All areas were approved for mixed zoning, by varying votes as reflected in the minutes below, except for the West Katella corridor, which failed by a 2 -2 vote. Note: Councilmember Whitaker recused himself during the speakers comments on the West Katella Corridor due to a possible conflict of interest with employment and left the dais. Speakers — Christine Haderlen and Cindy Wimbish questioned the reasoning for deleting the West Katella Corridor from the Ordinance at the meeting of April 26, 2011. Note: Councilmember Whitaker returned to the dais. City Attorney David DeBerry noted that the City Council could adopt Ordinance No. 09 -11 for second reading without segmenting each area and re- voting on each segment, but directing that the minutes reflect the separate votes that were taken on each area. MOTION - Cavecche SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that ordinance No. 09 -11 be read by title only and same was approved and adopted by the preceding vote. NOTE In adopting Ordinance No. 09 -11 by a 5 -0 vote, the City Council directed that the votes taken at the public hearing held on April 26, 2011, be reflected and confirmed in the minutes, as follows: Old Towne Spoke Streets — NOTE: Mayor pro tem Smith recused herself due to a possible conflict of interest with her residence, and left the dais. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Cavecche, Dumitru, Bilodeau ABSENT (RECUSED) — Smith Page 8 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) Old Towne Mixed Use 15 and Old Towne Mixed Use 24 — MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Neighborhood Mixed Use 24 — MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Urban Mixed Use - Uptown Orange — MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau Urban Mixed Use - Town and Counter — MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche NOES - Dumitru, Bilodeau May 10, 2011 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:35 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 Miscellaneous Bargaining Groups b. Public Employee Performance Evaluation pursuant to Govt. Code Section 54957. Title: City Manager 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 9 CITY COUNCIL MINUTES 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS May 10, 2011 13.1 Draft Environmental Impact Report (DEIR 1788 -07); General Plan Amendment (GPA 2007 - 0001); Zone Change (ZC 1243 -07); Tentative Tract Map (TTM 0019 -07 - also known as TT 17167); Development Agreement (DA 5600); Major Site Plan Review (MJSP 0496 -07); and Design Review Committee (DRC 4207 -07) — Ridgeline Equestrian Estates —1051 Meads Avenue. Time set for public hearing to consider the development of approximately 51 acres with 39 residential units on 39 minimum one -acre lots. Private equestrian stables could be provided on 34 of the 39 lots. The project also proposes an equestrian ride -in only arena, open space, trails, private streets, site landscaping, and development of supporting infrastructure necessary for project implementation. The 3.9 -acre Sully Miller arena would be required to be donated to and used in perpetuity as a horse arena by a non - profit entity, the existing licensee, or the Ridgeline Homeowners Association. Discussion — City Attorney David DeBerry stated that comments may include other projects in the area if the issues are tied to how it affects this project. Senior Planner Chad Ortlieb provided a staff report. Mr. Ken Ryan, KTGY, representing the applicant, JMI Real Estate, gave a report on the project, including items for Council to provide policy direction on: • Development Agreement policy considerations; • Required v. offered park facility improvements; • Recreational park space; • Various conditions in the Planning Commission resolution; • Proposed tandem parking and turn-in options; • Chain Link fence removal. THE MAYOR OPENED THE PUBLIC HEARING Page 10 CITY COUNCIL MINUTES May 10, 2011 13. PUBLIC HEARINGS (Continued) The speakers listed below provided the following comments in opposition to the project Developer has used arena as a wedge issue; EIR does not adequately address loss of open space; individual property rights should trump development rights; one way access into proposed development could cause problems in emergency situations; there should be adequate replacement of recreation property; entire 7.6 acres at arena is needed to satisfy recreational needs; loss of recreational opportunities; increased density will increase traffic; entitlements will bind the property for years; project is inconsistent with City's General Plan and OPA Plan; there needs to be mitigation for open space; important to maintain and protect OPA rural lifestyle; need to maintain wide trails; city does not have adequate park space; arena should be donated to Orange Park Community Corporation (OPCC); 15 years is too long for a tentative tract map extension; recreational facilities are more important than 39 additional homes; Ridgeline Golf Course could have been sustainable; this is a discretionary action, not mandatory; concern that the donated land could be returned to the current owner; suggestion to rezone arena property as Recreational Open Space at this time; construction traffic will be disruptive; the developer is not in agreement with staff recommended conditions; suggestion to record a covenant to ensure there are no lots less than one acre; concern with layout of homes and lots. Vicky Coonradt Kathy Ashford Ron Williamson Mark Sandford Dwayne Malone Larry Day Chris Walton Charles Leffler Christine Rosenow Nolan Lewis Peter Jacklin Sybil Leffler Laurie Marine John Cox William Wimberly Bill Klovstad Fran Klovstad Barry Evans Sharon Mule Donna Crandal Julie Shaw Lynn Meyer Peter Wetzel Martha Wetzel Tom Davidson Josh Stein Donald Bradley Charles Mann George Bloecher Kathryn Lucas Susan Sullivan Debbie Kiepfer Anita Bennyhoff Lon Simon Lorenzo Reyes Laura Thomas David Sonneborne Jane Canseco Liz Andrews Ellen Richards Page 11 CITY COUNCIL MINUTES May 10, 2011 13. PUBLIC HEARINGS (Continued) The speakers listed below provided the following comments in favor of the project Property development rights should be supported; the development builds amenities without costs to taxpayers; proposal is in line with original Orange Park Acres Plan; golf course is not viable; there has been a reduction in traffic with golf course closed; development will maintain equestrian lifestyle, provide new recreation opportunities for the community and have a positive effect on the OPA community; will increase property values in the community; arena donation is an incredible opportunity for the community; decisions need to be based on facts, not emotions; proposed trails have been well planned. Reed Royalty, OC Taxpayers Association Pete Maimone Jim Jackman Gary Abraham Daniel Culuone Jerry Rickmeyer Maria Meyer Diane Reissmueller Kelly Blum Don Baddorf Nancy Johnson Rose Cunningham Jay Tukhi Michelle Williams Susan Loupinski Lynn Canton Phillip Bettencourt Bob Malone Paul Moffitt Mike Winklepleck ConnieBowin Alice Sorensen Karen Lipinsky George Widley Raul Morales Gene Krikorian Amy Shirley Correspondence submitted Bryan Starr, CEO, BIA Orange County Chapter - submitted letter in support Jim Meyer, Executive Director, Trails4Al1 - submitted letter in support Kate Klimow, Orange County Business Council - submitted letter in support Responsible Residents of Orange Park Acres — submitted letter in support Heidi Larkin -Reed, President, Orange Chamber of Commerce — submitted letter in support Reggie Mundekis — submitted letter in opposition Deborah Mongan — submitted letter in opposition Mayor Cavecche announced that the public hearing is still open, but that the public comment period is closed. Council Action No action was taken. The Public Hearing was continued to May 24, 2011, at 7:00 p.m. Page 12 CITY COUNCIL MINUTES 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT — The Council adjourned at 11:50 p.m. The next regular City Council Meeting is scheduled for May 24, 2011 at 4:30 p.m. May 10, 2011 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May 10, 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 regular meeting; and available at the Civic Center City Clerk's Office. M�ITT . HY CARO CAVECC E CL ERK M YOR Page 13