Council Minutes 05/08/12APPROVED BY THE CITY COUNCIL ON MAY 22, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 8, 2012
The City Council of the City of Orange, California convened on May 8, 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
Pastor Eric Turbedsky, Sovereign Grace Church of Orange County
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor pro tem Denis Bilodeau
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
2. PUBLIC COMMENTS
Jack Walters, spoke on the need for more information on a group home in his
neighborhood. Mayor Cavecche stated he would be contacted by the City Attorney's
office.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
May 8, 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 April 19 and April 26, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of April 24, 2012. (C2500.D)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Reports for Months of January, February, and March 2012.
(C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with City Manager John Sibley providing for a one year extension of his
existing term to June 30, 2013. (A2100.0 Agr- 4707.F)
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 May 8, 2012
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Bid No. 112 -20; Approval of Plans and Specifications, and Request Authorization to
Advertise for Bids for Construction of FY 2011 -12 Community Development Block
Grant (CDBG) Alley and Street Improvements Projects: Tularosa Neighborhood
Alley Reconstruction, Highland Neighborhood Alley Reconstruction, Compton
Neighborhood Street Overlay, and Hewes Street Alley Reconstruction
Improvements. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG FY 11 -12 Alley and Street Improvements Projects.
CONTRACTS
3.7 Award of Contract — Bid No. 112 -18; Annual Street Pavement Maintenance at
Various Locations, FY 2011 -12 to R. J. Noble Company in the amount of
$2,793,895.50. (A2100.0 Agr -5868)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.8 Final Acceptance of Bid No. 101 -32; Emergency Power Generator for Fire Station
No. 2, 3, and 5 and one 1,000 Gallon Diesel tank for Fire Station No. 2 Project
performed by Global Power Group, Inc.; and authorization to file the Notice of
Completion with the County Recorder. (No staff report required.) (A2100.0 Agr-
5756)
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey Bond No. 0531103 in the amount of
$436,761.50 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
PURCHASES
3.9 Purchase Medical Supplies from Life - Assist, Inc. through a Cooperative Purchasing
Agreement. (C2500.H)
ACTION: Authorized the Fire Department to increase the purchase limit with Life -
Assist, Inc. from $65,000 to $83,000 for Fiscal Year 2011 -12.
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CITY COUNCIL MINUTES May 8, 2012
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.10 RESOLUTION NO. 10620 (A2500.0)
A Resolution of the City Council of the City of Orange Adopting Changes to the City of
Orange Manual of Grading.
ACTION: Approved.
3.11 RESOLUTION NO. 10650 (C2500.K)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Officer Dave Orona and Commending him for Twenty -four Years of Loyal and
Dedicated Service to the City of Orange.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.12 RESOLUTION NO. 10651
A Resolution of the City Council of the City of Orange Amending Resolution No. 10589
for Top Management Employees.
Discussion — In response to concerns by Councilmember Dumitru the City Manager
confirmed that CalPERS had agreed with information in the resolution.
Mayor pro tem Bilodeau stated the staff report did not reflect previous discussions and
concerns for him and he was voting `no' based on that.
MOTION
- Cavecche
SECOND
- Smith
AYES
- Whitaker, Smith, Cavecche
NOES
- Bilodeau
ABSTAIN
- Dumitru
Moved to approve Resolution No. 10651.
MOTION - Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Item 3.12 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES May 8, 2012
4. REPORTS FROM MAYOR CAVECCHE
4.1 Consideration of Appointment of Ernie Glasgow to the City Traffic Commission to
Fill an Unexpired Term, Period Ending June 30, 2012.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve the appointment of Mr. Ernie Glasgow to the City Traffic Commission, term
to expire June 30, 2012.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Summary Report of the Organizational Assessment for Police Services. (C2500.E)
Discussion — Nick Conway, President, Arroyo Associates, presented the assessment report
identifying various areas to be addressed, including low morale due to cutbacks in resources and
vacancies; use and training on technology; and the need for management in the field. He further
summarized that, overall, the department was a top- rated, well- organized, well - performing,
professional organization.
Councilmember Smith asked about the use of online services and who would be responsible for
monitoring that information. She further clarified with the consultant that the volunteer program
had been given appropriate recognition.
Councilmember Dumitru clarified with the consultant the need for increased after -hours
supervision in the dispatcher /communications section. He also stated the CAD system needs to
be ABL Dynamic, and future planning for equipment replacement.
Mayor Cavecche requested the City Manager return with clear implementation plans to coincide
with discussions on the upcoming budget and what staff will need for policy decisions. She
stated her concerns with the low discretionary time for officers, authorized staffing levels,
vacancies, need to retain sergeants on the streets, traffic bureau and communications staffing
issues, succession planning, replacement of the volunteer coordinator and issues with
technology; noting that the City Manager and Police Chief could work on the administrative
staffing issues.
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CITY COUNCIL MINUTES May 8, 2012
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Whitaker requested that more specifics be given on the implementation schedule
along with the costs involved, to assist the Council in making policy decisions. He stated
concern for the traffic accident investigator being able to return to the field; option to outsource
the street sweeping parking control function; creation of a Special Operations Bureau; and the
vacant communications Manager position.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to: 1) Receive and file report; and 2) Direct the City Manager to return on June 26 with
a recompilation of the report with a clear implementation schedule; and in a manner the Council
can take action or give policy direction on.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. NOTICED HEARINGS
10.1 NEW 7- ELEVEN CONVENIENCE STORE, CONDITIONAL USE PERMIT NO.
2817 -11, DESIGN REVIEW COMMITTEE NO. 4527 -11 AND MINOR SITE PLAN
REVIEW NO. 0652-11 - LOCATED AT 615 SOUTH TUSTIN STREET. (C3300.0)
Time set for a public hearing to consider a proposal to demolish an existing automotive fueling
service repair station to construct a new 2,800 square foot convenience store with fuel dispensing.
This site has an existing Alcoholic Beverage Control Type 20 (Off -Sale Beer and Wine) license
which requires modification as recommended by the Planning Commission.
Discussion — Community Development Director Alice Angus provided the staff report. Council
discussed hours of operation, sale of alcohol, and setback issues, along with the wall behind the project.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers — Rassol Eftekharian, owner, spoke on concerns of the neighbors, and answered questions
from Council. He stated he would be willing to re- stucco the east wall to match the building.
THE MAYOR CLOSED THE PUBLIC HEARING
Councilmember Smith noted her concerns with a 24 hour facility so close to a residential
neighborhood.
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CITY COUNCIL MINUTES May 8, 2012
10. NOTICED HEARINGS (Continued)
RESOLUTION NO. 10649
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2817 -11, Design Review Committee No. 4527 -11 and Minor Site Plan Review No. 0652 -11 for a
new 7- Eleven Convenience Store with the Sale of Motor Fuel and a Modification to an existing
Alcoholic Beverage Control Type 20 (Off -Sale Beer and Wine) License located at 615 South
Tustin Street.
Applicant: Rassol Eftekharian (7- Eleven)
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10649 to include an additional condition that the applicant
shall stucco both sides of the existing wall and paint it to match the color of the proposed
building.
11. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
NOTICED HEARINGS
11.1 AYRES HOTEL, MITIGATED NEGATIVE DECLARATION 1801 -07, MAJOR
SITE PLAN 0527 -07 CONDITIONAL USE PERMIT 2674 -07 AND 2834 -11, AND DESIGN
REVIEW COMMITTEE 4247 -07. A DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE SUCCESSOR AGENCY AND THE DEVELOPER FOR
THE DEVELOPMENT OF A COMMERCIAL HOTEL DEVELOPMENT ON THE SITE
GENERALLY LOCATED NORTH OF WEST CHAPMAN AVE., SOUTH OF THE
SANTA ANA FREEWAY (I -5) OFF -RAMP TO STATE COLLEGE BLVD., WEST OF
CITY DR., AND EAST OF MANCHESTER. (A2100.0 Agr -5869)
Time set for a joint public hearing authorizing the sale of real property by the Successor Agency to
the Orange Redevelopment Agency to F.H.A. LP, in accordance with the terms of a Disposition
and Development Agreement by and between the Successor Agency to the Orange Redevelopment
Agency and F.H.A. LP.
Discussion — Economic Development Department Project Manager Barbara Messick provided
the staff report. Chairman Cavecche noted that the California Department of Finance approved
of this action.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES May 8, 2012
11. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY (Continued)
RESOLUTION NO. 10654
A Resolution of the City Council of the City of Orange authorizing the sale of Real Property by
the Successor Agency to the Orange Redevelopment Agency to F.H.A., L.P., in accordance with
the terms of a Disposition and Development Agreement by and between the Successor Agency to
the Orange Redevelopment Agency and F.H.A., L.P.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10654.
RESOLUTION NO. SAORA -005
A Resolution of the Successor Agency to the Orange Redevelopment Agency approving a
Disposition and Development Agreement with F.H.A., L.P. relating to Redevelopment of vacant
Real Property Located in the Orange Merged and Amended Redevelopment Project Area.
MOTION - Cavecche
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. SAORA -005.
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:55 p.m. to a Closed Session for the following purposes:
NOTE: Council did not discuss Item a.
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. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) One potential case.
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.
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CITY COUNCIL MINUTES
7:00 P.M. SESSION
13. PUBLIC COMMENTS
May 8, 2012
Paul Guzman, Orange Barrio Historical Society, thanked the Council for their cooperation on
recognizing the significance of the northwest quadrant of Old Towne.
14. PUBLIC HEARINGS
14.1 REZONE OF CERTAIN PROPERTIES IN THE NORTHEAST QUADRANT OF
OLD TOWNE ORANGE HISTORIC DISTRICT — ZONE CHANGE 1261 -11. (Z1500.0)
NOTE: Councilmembers Whitaker and Smith left the dais due to a conflict of interest with
their place of residence.
Time set for a public hearing to consider rezoning certain properties in the northeast quadrant of Old
Towne. Zone Change 1261 -11 is proposed to rezone the subject properties (generally located in the
northeast quadrant of Old Towne) to R -1 -6 (Single Family Residential, 6,000 square foot minimum
lot size), consistent with the Low Density Residential (LDR) General Plan land use designation.
Rezoning of the northeast quadrant of Old Towne represents completion of the City Council action
on Zone Change 1261 -11. The City Council previously approved Zone Change 1261-11 as it related
to the southeast quadrant of Old Towne on February 14, 2012.
Discussion - Senior Planner Jennifer Le provided the staff report.
Councilmember Dumitru confirmed with staff that a letter, expressing in plain language the
results of the rezone, had been mailed to affected residents along with the notice of public
hearing.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers Dan Slater, Paul Guzman, and Mary Matuzak all spoke in support of the rezoning.
THE MAYOR CLOSED THE PUBLIC HEARING
MOTION - Cavecche
SECOND - Dumitru
AYES - Cavecche, Bilodeau, Dumitru
ABSTAIN (RECUSED) - Whitaker, Smith
Moved to find that the proposed zoning changes are within the scope of the previously- approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the
Program EIR adequately describes the zoning changes for purposes of California Environmental
Quality Act (CEQA) compliance and no new environmental documents are required.
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CITY COUNCIL MINUTES May 8, 2012
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 10 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1261 -11 as it
Pertains to the Northeast Quadrant of the Old Towne Orange Historic District, Rezoning Certain
Properties to R -1 -6 (Single Family Residential) in order to Establish Consistency between the Low
Density Residential General Plan Land Use Designation and the Zoning Classification, in
Accordance with State Law.
MOTION - Cavecche
SECOND - Dumitru
AYES - Cavecche, Bilodeau, Dumitru
ABSTAIN (RECUSED) - Whitaker, Smith
Moved that Ordinance No. 10 -12 be read by title only and same was set for second reading by
the preceding vote.
NOTE: Councilmembers Whitaker and Smith returned to the dais.
14.2 REZONE TO R -1 (SINGLE - FAMILY RESIDENTIAL) OF CERTAIN
PROPERTIES GENERALLY LOCATED ON SOUTH HARWOOD STREET AND
SOUTH PINE STREET BETWEEN CHAPMAN AVENUE AND ALMOND AVENUE
(EXCLUDING PROPERTIES FRONTING CHAPMAN AVENUE) IN THE OLD
TOWNE ORANGE HISTORIC SOUTHEAST QUADRANT — ZONE CHANGE 1263 -12.
(Z1500.0)
Time set for a public hearing to consider rezoning of certain properties to R -1 (Single Family
Residential). The properties affected by the proposed zone change currently have a Low Density
Residential (LDR) land use designation but are zoned R -2 (Duplex Residential). State law requires
consistency between a property's General Plan land use designation and its zoning. Therefore, Zone
Change 1263 -12 is proposed to rezone the subject properties to R -1 -6 (Single Family Residential,
6,000 square foot minimum lot size) consistent with the LDR General Plan land use designation. It
should be noted that the City Council approved Zone Change 1261 -11 on February 14, 2012,
rezoning certain properties in the southeast quadrant of Old Towne to R -1 -6. The subject Zone
Change 1263 -12 addresses parcels in the southeast quadrant that were inadvertently left out of the
February 14, 2012 Council action.
Discussion - Senior Planner Jennifer Le provided the staff report.
Councilmember Dumitru confirmed with staff that a letter, expressing in plain language the results
of the rezone, had been mailed to affected residents along with the notice of public hearing.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers Christopher and Linda Peterson spoke in support of the rezone.
THE MAYOR CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES May 8, 2012
14. PUBLIC HEARINGS (Continued)
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to find that the proposed zone change is within the scope of the previously- approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the
Program EIR adequately describes the zoning changes for purposes of California Environmental
Quality Act (CEQA) compliance and no new environmental documents are required.
ORDINANCE NO. 11 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1263 -12,
Rezoning Certain Properties (Generally Located on South Harwood Street and South Pine Street
between Chapman Avenue and Almond Avenue, Excluding Properties Fronting Chapman
Avenue) to R -1 -6 (Single - Family Residential) in order to Establish Consistency between the
Low Density Residential General Plan Land Use Designation and the Zoning Classification, in
Accordance with State Law.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 11 -12 be read by title only and same was set for second reading by
the preceding vote.
14.3 ACCESSORY SECOND HOUSING UNITS / NON - CONFORMING MULTI-
FAMILY USES - FOLLOW UP ACTION TO ZONE CHANGE 1261 -11, PERTAINING
TO REZONING OF SOUTHEAST RESIDENTIAL QUADRANT OF THE OLD TOWNE
ORANGE HISTORIC DISTRICT. (A2500.0)
Time set for a public hearing to consider an Ordinance Amendment amending Title 17 of the
Orange Municipal Code relating to accessory second housing units and multi - family uses made
non - conforming by the 2010 General Plan. The proposed Amendment has been prepared in
response to City Council direction provided at the February 14, 2012 City Council meeting as a
follow -up action to Zone Change No. 1261 -11 pertaining to re- zoning of the southeast residential
quadrant of Old Towne Orange Historic District.
Discussion Councilmember Smith, concerned with possible unintended consequences of this
action, requested a continuance for further understanding of certain issues, including:
concern over language on the primary unit with regard to the 50% rule; whether it is stated that
the secondary unit can be attached, or must be detached; and who determines duplex v.
accessory, secondary unit status, and how this is communicated to the property owner.
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CITY COUNCIL MINUTES May 8, 2012
14. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to continue to the May 22 meeting at 4:30, with briefings to occur prior to the meeting.
15. PLANNING AND ENVIRONMENT — None
16. ADJOURNMENT — The City Council adjourned at 7:45 p.m.
The next Regular City Council meeting will be held on Tuesday, May 22, 2012 at 4:30 p.m. in
the Council Chambers.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of May 8, 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
m eeting; and available at the Civic Center City Clerk's Office.
M . MURP
CI CL
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