Council Minutes 06/26/12APPROVED BY THE CITY COUNCIL ON JULY 10, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
June 26, 2012
The City Council of the City of Orange, California convened on June 26, 2012 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Rich Jacobs, Finance Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation Recognizing July as Parks and Recreation Month
Recognition by MADD of the Orange Police Department
Recognition of Employee Service
Mayor Cavecche announced the start of the Concerts in the Park Series at Hart Park on July
I l t ", and the July 3 rd Event at Fred Kelly Stadium.
Mayor Cavecche announced the passing of Former Chief of Police Merrill Duncan and
stated the meeting would be adjourned in his memory.
2. PUBLIC COMMENTS
Ms. Pat Buttress, Southern California Edison Representative, spoke on the online "Summer
Energy Guide" and the need for the public to conserve on electrical power.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
June 26, 2012
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar.
3.1 Confirmation of warrant registers dated June 7, and June 14, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 12, 2012 and Special Meetings of June
13 and June 22, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Award of Consultant Services Agreement to Jacobs Engineering Group, Inc. for
preparing Project Approval and Environmental Document for Meats Avenue
Interchange at SR -55 in the amount of $1,407,961.00. (A2100.0 Agr -5889)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.5 Cooperative Agreement D11 -066 to Fund Nutrient, Fecal Coliform and Toxics Total
Maximum Daily Load Programs in the Newport Bay Watershed. (A2100.0 Agr -
4326.A)
ACTION: 1) Approved the agreement and authorized the Mayor and City Clerk to execute
of behalf of the City; and 2) Authorized the City Manager or his designee to extend term of
agreement from June 30, 2015 to June 30, 2018, if necessary.
3.6 First Amendment to Consultant Services Agreement with Stantec, Inc. for Additional
Engineering and Construction Services for the Design of Marywood Pump Station, in
the amount of $38,595.00. (A2100.0 Agr- 5846.1)
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 June 26, 2012
3. CONSENT CALENDAR (Continued)
3.7 Cooperative Agreement with the City of Anaheim and the State of California for the
Implementation of the Lincoln Avenue Project funded as part of the Measure M2
Regional Traffic Signal Synchronization Program. (A2100.0 Agr -5890)
ACTION: 1) Appropriated $23,000 from Fund 262 (Measure M) to Account No.
262.5032.56100.20122; and 2) Approved the agreement and authorized the Mayor and the
City Clerk to execute on behalf of the City.
3.8 Agreement with Lilley Planning Group to Provide Current Planning Services
including Discretionary Case Processing, in an amount not to exceed $40,000.00.
(A2100.0 Agr -5892)
ACTION: Approved the agreement and authorized the Mayor and the City Clerk to
execute on behalf of the City.
BIDS
3.9 Award of Bid No. 112 -16; Santiago Hills Landscape Maintenance Assessment District
86 -2 to Nieves Landscape, Inc., in the amount of $254,399.00. (A2100.0 Agr -5885)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.10 Award of Bid No. 112 -17; Riverbend Bioswales (Del Rio CFD 06 -1), Sycamore
Crossing Landscape Maintenance District 94 -1, and Water Division Facilities to
Azteca Landscape, Inc. in the amount of $90,144.00. (A2100.0 Agr -5886)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.11 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. Sylvia Guerrero
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance of Bid No. 101 -29; Annual Pavement Maintenance Project at
Various Location, FY 2010 -11 Project performed by R.J. Noble Company; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required (A2100.0 Agr -5757)
ACTION: Accepted public work improvements, authorized release of Travelers Casualty
and Surety Company of America Company, Bond No. 105591041 in the amount of
$2,536,315.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.13 Contract Change Order No. 1 and Final: Bid No. 101 -29; Annual Pavement
Maintenance at Various Locations, Fiscal Year 2010 -11. (A2100.0 Agr -5757)
ACTION: Approved Contract Change Order No. 1 and Final in the amount of
$249,612.74 to R.J. Noble Company.
3.14 Award of Contract: Bid No. 112 -20, Community Development Block Grant (CDBG)
FY 2011 -12 Alley and Street Improvements Projects: Tularosa Neighborhood Alley
Reconstruction, Highland Neighborhood Alley Reconstruction, Compton
Neighborhood Street Overlay, and Hewes Street Alley Reconstruction
Improvements to Hardy and Harper, Inc., in the amount of $755,000.00. (A2100.0
Agr -5891)
ACTION: 1) Awarded the contract and authorized the Mayor and City Clerk to execute
on behalf of the City; and 2) Approved the transfer of funds among the following
accounts:
From
To
Amount
310.9645.56330.13078 (Hamlin Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 11,301.75
310.9645.56330.20043 (Palmyra Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 914.41
310.9645.56330.20044 (Alanda Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 1,200.52
310.9645.56330.20045 (Burly Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 3,519.87
310.9645.56330.20046 (Lemon Reconst.)
310.9645.57130.11070 CDBG Contingency
$ 35,544.00
310.9645.56330.20047 (Lemon Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 4,105.86
310.9645.56330.20048 (Norwood Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 3,619.79
310.9645.56330.20049 (Olive Reconst.)
310.9645.57130.11070 CDBG Contingency
$ 50,464.00
310.9645.56330.20050 (Thomas Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 7,118.58
310.9645.56330.20051 (Century Rehab.)
310.9645.57130.11070 CDBG Contingency
$ 1,366.50
Total
$119,155.28
From
To
Amount
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20068 (Tularosa)
$ 10,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20069 (Highland)
$ 67,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20070 (Compton)
$ 40,000.00
310.9645.57130.11070 CDBG Contingency 310.9645.56330.20071 (Hewes)
$ 2,000.00
Total
$119,000.00
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3. CONSENT CALENDAR (Continued)
PERMITS
3.15 Dirt Hauling Permit for Abacus Project Management, Inc. on behalf of Chapman
University, located on the East Side of Glassell Street between University Drive and
Walnut Avenue, to begin in August 2012. (C2500.M.2)
ACTION: Approved.
RESOLUTIONS
3.16 Consideration of Resolutions to Conduct the November 6, 2012, General Municipal
Election: (E1100.0)
1) RESOLUTION NO. 10660
A Resolution of the City Council of the City of Orange, Calling for the Holding of a
General Municipal Election to be held on Tuesday, November 6, 2012, for the Election of
Certain Officers as Required by the Provisions of the Laws of the State of California
Relating to General Law Cities.
2) RESOLUTION NO. 10661
A Resolution of the City Council of the City of Orange Requesting the Board of
Supervisors of the County of Orange to Consolidate a General Municipal Election to be
held on November 6, 2012 with the Statewide General Election to be Held on the Date
Pursuant to Section 10403 of the Elections Code.
3) RESOLUTION NO. 10662
A Resolution of the City Council of the City of Orange Adopting Regulations for
Candidates for Elective Office pertaining to Candidate's Statements submitted to the
Voters at an Election to be held on Tuesday, November 6, 2012.
4) RESOLUTION NO. 10663
A Resolution of the City Council of the City of Orange Providing for the Conduct of a
Special Runoff Election for Elective Offices in the Event of a Tie Vote at a Municipal
Election.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
3.17 NUMBER INTENTIONALLY NOT USED
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 10669 (OR1800.0.27.16.2)
A Resolution of the City Council of the City of Orange Approving and Adopting a
Statement of Investment Policy for Fiscal Year 2012 -13.
Discussion — Councilmember Whitaker asked about long -term investing in Government
Sponsored Enterprises.
Finance Director Rich Jacobs stated he would agendize this issue on the next quarterly
meeting of the Investment Advisory Committee to discuss.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10669.
REPORTS
(REMOVED AND HEARD SEPARATELY)
3.19 Update on the Implementation of the Organizational Assessment for Police Services.
(C2500.K)
Discussion — Councilmember Whitaker commented on the recommendation for additional
officers, and asked whether there was a plan encompassing the next several years to
provide for funding through re- working of spending priorities and identification of funding
sources.
Mayor Caveeche commented on realigning staffing to move officers onto the street and
agreed on the need for a plan.
City Manager John Sibley stated agreement with the need to add officer positions, adding a
plan could be put together as requested for Council concurrence of priorities.
In response to Council questions, Police Chief Gustafson attributed the department's
success in reducing crime to the current alignment of the agency, mentioning the Bike
Team, Gang Unit, and Special Enforcement Unit. He further stated looking at a total
package for audio and video technology in the patrol vehicles, along with body mikes. He
spoke on the replacement of the records management system to accomplish field -based
reporting. In addition, the hiring of a volunteer coordinator by January 2013, and the
employee evaluation process being kept up -to -date was acknowledged.
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3. CONSENT CALENDAR (Continued)
Assistant City Manager Rick Otto offered to reschedule this item on the last meeting in
September to address a three -year staffing plan, and report on technology options.
Council directed staff to return on September 25 with an update.
MOTION - Smith
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Items 3.18 and 3.19 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE
4.1 Accept Resignation of Marianne Hugo from the Orange Public Library Board of Trustees
(OPL), effective immediately, term to expire on June 30, 2013.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to accept the resignation of Marianne Hugo from the Orange Public Library Board of
Trustees, effective immediately.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Dumitru — Request to repeal and place on the November 2012 ballot
a measure to legalize the sale of Safe and Sane Fireworks repealing OMC 8.13.010 and its related
ordinances. (C2500.D)
Discussion — Councilmember Dumitru stated his support for the fundraising efforts of non - profit
organizations that serve the needs of the City's youth through the sale of fireworks. He
acknowledged the need to continue to prohibit the sales in areas of severe fire danger.
Council discussed the election calendar timelines, and the cost of placing a measure on the ballot.
They further discussed the cost in increased staffing during the holiday, and the need to identify
areas of high fire danger that was confirmed by the Fire Chief, who also reported that after the ban
went into effect in the early 1990's, there was a reduction in calls for service.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Smith commented on fireworks causing serious injuries, and the fire risk to public
safety as reasons for not supporting the measure.
Mayor Cavecche stated the need for clear delineation of prohibitive versus safe areas, and that it
required more study; stating that staff needed to look at it over the next year.
Speaker — Sue Obermayer spoke against overturning the ban currently in effect in Orange, and her
support for firework events performed by experts.
Councilmember Whitaker discussed the need for more information on boundaries and potential
cost estimates.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Bilodeau, Dumitru
NOES - Whitaker, Smith, Cavecche
Moved to support the non -profit organizations that support the City's youth and direct staff to
prepare resolutions and other documents for repealing OMC 8.13.010, and its related ordinances,
and placing the measure to legalize the sale of Safe and Sane fireworks on the November, 2012
ballot.
(MOTION FAILED)
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Cavecche, Bilodeau
NOES - Smith, Dumitru
Moved to direct staff to return with additional information on boundaries, safest areas and potential
costs for possible ballot measure in 2014 to allow Safe and Sane fireworks.
5.2 Councilmember Whitaker — Request to place the National Motto "In God We Trust" in
a prominent location in the Council Chamber. (C2500.D)
Discussion — Councilmember Whitaker commented on the motto serving to unify during tough
times and times of disagreement. He provided the staff report from the City of Anaheim who had
unanimously voted to display the motto in their Council Chambers. He further estimated it to cost
under $5,000, and that it could be funded by private donations from citizens and organizations.
And displayed prominently in the Chambers.
Council discussed other cities' displays, and the need to ensure no taxpayers funds are used on this
project.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Whitaker
SECOND -Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to direct staff to return with input on placement of the motto in the Council Chambers, and
ensure it is privately funded with donations.
5.3 Mayor pro tem Bilodeau — Request to consider Placement of Ballot Measure on the
November 2012 Election to Tighten Term Limits. (C2500.D)
Discussion — Mayor pro tem Bilodeau stated that the proposal is for a maximum of 12 years
served, consisting of two council terms of four years each, and two mayor terms of two years
each, or three council terms of four years each. He further stated that in the Primary Election,
Proposition 28 was passed limiting the state legislators to 12 years.
Council discussed various aspects of the proposal, including interpretation of Prop 28, ballot
wording, cost of the measure, political implications, and whether it caused a "re -do" of terms for
the current Council.
MOTION
- Bilodeau
SECOND
- Dumitru
AYES
- Bilodeau, Dumitru
NOES
- Whitaker, Smith, Cavecche
Moved to approve draft resolution for placement of a ballot measure on the November, 2012
election to tighten term limits.
(MOTION FAILED)
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Year -end Appropriation Request to Increase Funding to the Fire Department.
(C2500.H)
Discussion — Fire Chief Dibb reported to Council the various reasons that the appropriation was
needed, including contractual obligations, vacant positions, and workers compensation costs, as
well as other miscellaneous expenses.
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CITY COUNCIL MINUTES June 26, 2012
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche asked what other agencies are experiencing with workers compensation and what
Fire employees might need to be put in place to diminish injuries.
Risk Manager Glenn Newson reported that all agencies are experiencing extreme costs with
workers compensation issues resulting from litigation, a need for a light -duty program for
employees to return to work sooner, and unusual rescue situations leading to injury.
Council discussed a third party review of doctors' prognoses, the City's Safety program, the state
mandated Injury and Illness Prevention Program, and the possibility of re- evaluating the Fire
Department safety program.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve appropriation of $804,000 from the unreserved General Fund balance to
Account No. 100.3021.50221 (Regular Salaries — Safety Overtime); with the understanding that
workers compensation claims be monitored and if there are any additional increases, there be a re-
evaluation of the entire program.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS
June 26, 2012
11.1 LANDSCAPE MAINTENANCE DISTRICT 86 -2 (SANTIAGO HILLS). (L1200.0
LMD -86 -2 Santiago Hills)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for
Landscape Maintenance Assessment District 86 -2, which is located within the Upper Peters
Canyon Specific Plan Area (Santiago Hills).
Discussion — Deputy Public Works Director Frank Sun gave the staff report.
THE MAYOR OPENED THE PUBLIC HEARING. THERE WERE NO SPEAKERS.
Councilmember Whitaker asked about the point in time at which adequate services can no longer
be maintained because costs have not increased.
Community Services Director Marie Knight stated that landscaping is being redesigned to reduce
the costs of maintenance.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to close the public hearing.
RESOLUTION NO. 10666
A Resolution of the City Council of the City of Orange Approving the Engineer's Report and
Providing for the Annual Assessment for Landscape Maintenance District 86 -2 (Santiago Hills).
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche, Bilodeau
NOES
- Dumitru
Moved to approve Resolution No. 10666, and establish the assessment for FY 2012 -13 at $369.44
per single family unit per year.
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11. PUBLIC HEARINGS (Continued)
11.2 LANDSCAPE MAINTENANCE DISTRICT 94 -1 (SYCAMORE CROSSING).
(L1200.0 LMD -94 -1 Sycamore Crossing)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for
Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore Crossing
Tract.
Discussion — Deputy Public Works Director Frank Sun provided the staff report.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers — The following persons commended the department's work in maintaining the
landscape, trail, and creek.
Rich Robertson
Mark Sedam
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to close the public hearing.
RESOLUTION NO. 10667
A Resolution of the City Council of the City of Orange Approving the Engineer's Report and
Providing for the Annual Assessment for Landscape Maintenance District 94 -1 (Sycamore
Crossing).
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau
NOES - Dumitru
Moved to approve Resolution No. 10667, and establish the assessment at $293.08 per single
family unit per year.
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CITY COUNCIL MINUTES June 26, 2012
11. PUBLIC HEARINGS (Continued)
11.3 IRVINE RANCH WATER DISTRICT NOISE ORDINANCE VARIANCE.
(A2500.0)
Time set for a public hearing to consider approval of a variance from the City's Noise Ordinance
to allow the Irvine Ranch Water District (IRWD) to construct the Orange Park Acres (OPA) Well
Replacement Project located at 678 North Gravier Street in Orange, subject to certain Conditions
of Approval.
Discussion — Senior Planner Jennifer Le provided the staff report.
Council questioned IRWD representative, Jacob Moeder, on mitigation measures to lessen the
impacts to surrounding neighbors.
Ms. Le Reported that a condition of approval was the offering of hotel vouchers.
Mr. Moeder stated that door hangers would be used to communicate with the neighbors their
course of action if impacts occurred, as well as IRWD's plan to be proactive with public relations.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Councilmember Smith asked for a copy of the door hanger and contact information in case
Council is contacted by constituents.
RESOLUTION NO. 10668
A Resolution of the City Council of the City of Orange Granting a Noise Variance to the Irvine
Ranch Water District for Construction of the OPA Well Replacement Project Located at 678
Gravier Street in Orange.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10668, with option to revoke if mitigation measures not
complied with.
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11. PUBLIC HEARINGS (Continued)
11.4 SOLID WASTE RATE ADJUSTMENT. (C2500.M.1)
Time set for a public hearing to consider a request from the City's Solid Waste Collector, CR &R
for a Rate Adjustment, Effective July 1, 2012 (Continued from June 12, 2012).
Discussion — Public Works Administrative Manager Greg Warren provided the staff report
detailing the rate adjustment requested by CR &R. He further detailed the food waste collection
program, and the new overweight compactor charge.
Council commended CR &R for their involvement with the community.
RESOLUTION NO. 10655
A Resolution of the City Council of the City of Orange Approving Revised Rates for Solid Waste
Collection and Disposal Services.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10655.
11.5 PROPOSED FISCAL YEAR 2012 -13 (FY 13) CITY OF ORANGE BUDGET AND
SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1)
Time set for a public hearing to consider the Proposed Fiscal Year 2012 -13 (FY 12) City of
Orange Operating Budget.
Discussion — City Manager John Sibley stated the proposed budget is balanced for the first time in
five years since the economic downturn, and even includes a small surplus, due to the diligence
and direction of Council, and hard work by City leadership and staff.
Assistant City Manager Rick Otto stated the proposed General Fund revenue at $88.6 million is a
3% increase over the current FY, and proposed expenditures are at $88.5 million. He further
detailed for Council the status of other fund balances, and highlights of the upcoming fiscal year.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
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CITY COUNCIL MINUTES June 26, 2012
11. PUBLIC HEARINGS (Continued)
Councilmember Whitaker commended the City Management and staff for the balanced budget. He
then proposed transferring from the Unreserved Fund $1 million to the Employee Accrued
Liability Fund, and $1.5 million to the CIP Fund.
RESOLUTION NO. 10658
A Resolution of the City Council of the City of Orange Adopting said City's Budget for the Fiscal
Year 2012 -13 and Relating to Transfers of Funds between and within Appropriations, Transfers
between Funds, and additional Appropriations.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10658, and directed the transfer of $1 million from the
Unreserved General Fund balance to the Employee Accrued Liability Fund; and $1.5 million from
the Unreserved General Fund balance to the CIP Fund.
RESOLUTION NO. 10659
A Resolution of the City Council of the City of Orange Adopting the Appropriations Limit of
$140,101,040.00 for the Fiscal Year 2012 -13.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10659.
Find that the portion of the Fiscal Year 2012 -13 Budget subject to the Gann limit is
$76,460,443.00, and therefore within the limit.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved approval of the finding.
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CITY COUNCIL MINUTES June 26, 2012
12. RECESS TO CLOSED SESSION
The City Council recessed at 7:30 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager,
Steven Pham, Human Resources /Employee Relations Director, and Mike Harary,
Assistant Human Resources Director
Employee Organizations: All Bargaining Units
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.
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CITY COUNCIL MINUTES
7:00 P.M. SESSION
June 26, 2012
13. PUBLIC COMMENTS — Ann De Vaney spoke on the benefits of the library hours
being extended, and against the privatization of the library operations.
14. PLANNING AND ENVIRONMENT
14.1 REQUEST IMPLEMENTATION OF PERMIT PARKING. (S4000.S.3.1.2)
Consideration of the initiation of a permit parking program in the following areas:
Area R -
Both sides of the 7800 -8200 blocks of San Luis Drive
Both sides of the 7800 block of Salinas Court
Both sides of the 7900 and 8000 blocks of Santa Cruz Avenue
Both sides of the 200 block of Santa Maria Street
Area A -
The east side of Olive Street and the north side of Sycamore Avenue in front of 145 West
Sycamore Avenue.
Discussion — City Traffic Engineer Amir Farahani provided the staff report.
Speakers — The following spoke in support of the permit program, citing the park users parking
in the neighborhood, dog waste not properly disposed of, people dressing in the open, possible
arsonists and robbers, and the fire hydrant being blocked:
Cathy Delligatta
Stephen Amendt
John Ohamian
The following spoke in opposition to the permit program, citing inconvenience and the result
that the parking problem will be pushed onto other streets:
Sandra Lewandowski
Kathy Reza
Travis Vanligten
Hans Vanligten
Council discussed a possible root problem impacting the neighborhoods being the County park
not having adequate parking, as well as charging a fee. It was reported that the County is
expanding their parking lot. A suggestion for possibly using Skylark was also explored.
Mayor pro tem Bilodeau suggested it be revisited in six months to see if the County has made
improvements in the parking at the County Park, investigate the use of Skylark for parking;
and requested more detailed written traffic reports in the future.
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CITY COUNCIL MINUTES June 26, 2012
14. PLANNING AND ENVIRONMENT (Continued)
It was suggested to approve the request for the permit parking program on a trial basis; and
re- evaluate the issue in six months to see if the County has expanded the parking lot, and if
conditions have changed.
RESOLUTION NO. 10664
A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10617, and
Adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange.
MOTION
- Smith
SECOND
- Dumitru
AYES
- Whitaker, Smith, Cavecche, Dumitru
NOES
- Bilodeau
Moved to approve Resolution No. 10664, and re- evaluate the issue at the December 11, 2012
meeting to check the progress.
15. PUBLIC HEARINGS
15.1 SANTA FE DEPOT SPECIFIC PLAN. (C2300.J)
Time set for a public hearing to consider Ordinance No. 8 -12, an Ordinance adopting the
updated boundaries and provisions of the Santa Fe Depot Specific Plan Update; Ordinance No.
9 -12, an Ordinance adopting Zone Change No. 1255 -09, changing zoning on parcels within the
boundaries of the proposed Santa Fe Depot Specific Plan Update; and Environmental Impact
Report No. 1820 -09.
NOTE: Councilmember Whitaker recused himself due to a conflict with his employment and
left the dais.
Discussion — Principal Planner Anna Pehoushek provided the staff report.
In response to Council concerns over parking issues, Traffic Consultant Mike Bates spoke on
the possibility of an in -lieu fee, and a parking district to manage the multi -modal transit area,
as well as the concept of shared - parking suggesting a follow -up study to determine if needed.
THE MAYOR OPENED THE PUBLIC HEARING.
Speakers — The following spoke on the project:
Jeff Frankel — spoke against various building heights of 42 feet.
Dacia Camacho — spoke on keeping the R -4 zoning on 243 S. Cypress Street.
Ralph Cortez — spoke against the proposed zone change.
Cindy Wetzel — on behalf of Anthony Campos, spoke on keeping the current zoning on the 400
Block of N. Cypress Street.
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CITY COUNCIL MINUTES June 26, 2012
15. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated more time was needed to research a few of the issues, including a
parking district, zoning of parking lots, and Cypress Street zoning. She further commented on
the public art concept.
Councilmember Smith stated a need to review issues, including the zone change issues raised
by the Camacho and Campos Families; the Radiator Shop at northeast corner of Chapman
being able to continue their existing use; concern for parking lots; the Snow property; concerns
for the 42 -foot height on buildings, suggesting a 32 -foot maximum; Density Bonus issues;
Courtyard plan at the Depot; and concern for the Specific Plan superseding the Old Towne
Guidelines.
THE MAYOR DID NOT CLOSE THE PUBLIC HEARING.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) - Whitaker
Moved to continue to the August 14 meeting at 7:00 p.m.
16. ADJOURNMENT -
Mayor Cavecche announced that the July 5 special meeting was now to begin at 8:00 a.m.
The City Council adjourned at 10:05 p.m.
There will be a Special Meeting held on Thursday, July 5, 2012, at 8:00 a.m. in the Council
Chambers, to hold a closed session on City Attorney appointment and labor negotiations.
The next Regular City Council meeting will be held on Tuesday, July 10, 2012 at 4:30 p.m. in
the Council Chambers.
The meeting was adjourned in memory of former Police Chief Merrill Duncan.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of June 26, 2012 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the City
of Orange and freely accessible to members of the public at least 72 hours before commencement
of said regular meeting; and available at the Civic Center City Clerk's Office.
fir-
MA URPHY
(
CA V. CAVECCHE
CITY CLERK 'MAYOR
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