HomeMy WebLinkAbout03-25-2008 Council MinutesAPPROVED 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.
Pa2:e 1
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,
CITY COUNCIL MINUTES March 25, 2008
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.PAGE
CITY COUNCIL MINUTES March 25, 2008
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
CITY COUNCIL MINUTES March 25, 2008
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.PAGE 5
CITY COUNCIL MINUTES March 25, 2008
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.PAGE
6
CITY COUNCIL MINUTES March 25,2008
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 Knightgave 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.PAGE 7
CITY COUNCIL MINUTES March 25, 2008
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.PAGE
8
CITY COUNCIL MINUTES March 25, 2008
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.
PAGE 9
CITY COUNCIL MINUTES March 25, 2008
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.PAGE
CITY COUNCIL MINUTES March 25,2008
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.PAGE 11
CITY COUNCIL MINUTES March 25,2008
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.PAGE 12
CITY COUNCIL MINUTES March 25,2008
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.PAGE
13
CITY COUNCIL MINUTES March 25, 2008
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.PAGE
14
CITY COUNCIL MINUTES March 25, 2008
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.
PAGE 15
CITY COUNCIL MINUTES March 25, 2008
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
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
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 Change1239-06; Applicant -
City ofOrange
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.
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
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 - Ci0 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
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