Council Minutes 11/22/11APPROVED BY THE CITY COUNCIL ON DECEMBER 13, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 22, 2011
The City Council of the City of Orange, California convened on November 22, 2011 at 4:30
p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,
California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Rich Jacobs, City Finance Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
NOTE: Councilmember Dumitru was not present for the 7:00 p.m. session.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
American Cancer Society presentation on the 2012 Relay for Life event
Recognition of Employee Service
The Mayor announced the Tree Lighting and Candlelight Choir Procession on
December 4 th at 3:30 in the Plaza.
2. PUBLIC COMMENTS —
Mr. Bill Underwood spoke on the opportunity to serve on the Orange County Grand
Jury.
Ms. Jackie Filbeck introduced herself as the field representative for Assemblyman
Chris Norby.
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3. CONSENT CALENDAR
November 22, 2011
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1 Confirmation of warrant registers dated November 3 and November 10, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of November S, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report, period ending October 31, 2011.
ACTION: Received and filed.
APPROPRIATIONS
3.5 2011 California Environmental Protection Agency Grant — County of Orange
Participating Agency Allocation for Electronic Hazardous Material Reporting.
(C2500.H)
ACTION: Appropriated $20,000 from the General Fund Revenue Account
100.3012.45290.20108 to 100.3012.51670.20108 Fire — Fire Prevention — Electronic
Reporting Grant.
3.6 2010 Urban Area Security Initiative (UASI) Grant — Santa Ana /Anaheim Urban
Area Training Allocations. (C2500.H)
ACTION:
Appropriated $35,000 from the General Fund Revenue Account 100.3023.45495.20101
to 100.3023.51840.20101 Fire — Fire Training — 2010 UASI TLO Training;
Appropriated $25,000 from the General Fund Revenue Account 100.4081.45495.20101
to 100.4081.51840.20101 Police — Police Training — 2010 UASI TLO Training;
Appropriated $35,074.56 from the General Fund Revenue Account
100.3023.45495.20102 to 100.3023.51840.20102 Fire — Fire Training — 2010 UASI
Training; and
Appropriated $30,827.61 from the General Fund Revenue Account
100.4081.45495.20102 to 100.4081.51840.20102 Police — Police Training — 2010
UASI Training.
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CITY COUNCIL MINUTES November 22, 2011
3. CONSENT CALENDAR (Continued)
3.7 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Afni Insurance — Matilda Haywood
b. Russell Gray
c. Robert Harris
d. Sarah Moran
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Final Acceptance of Bid No. 101 -37; Storm Drain and Street Improvements
Project: Palm Avenue, Cambridge Street, Santiago Canyon Road, and Taft
Avenue, performed by Paulus Engineering; and authorization to file the Notice of
Completion with the County Recorder (No staff report required (A2100.0 Agr-
5775)
ACTION: Accepted public work improvements; authorized release of North American
Specialty Insurance Company, Bond No. 2130230 in the amount of $1,092,270.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
RESOLUTIONS
3.9 RESOLUTION NO. 10607 (C2500.P)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
William "Willie" Kralich of the Water Division, Public Works Department and
Commending Him for more than Thirty -Four Years of Loyal and Dedicated Service.
ACTION: Approved.
3.10 RESOLUTION NO. 10608 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Edward M. Knight of the Community Development Department and Commending Him
for Six and One -Half Years of Loyal and Dedicated Service to the City of Orange and
over Thirty Years to the Planning Profession.
ACTION: Approved.
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CITY COUNCIL MINUTES November 22, 2011
3. CONSENT CALENDAR (Continued)
3.11 RESOLUTION NO. 10609 (C2500.G)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Jim
Reichert, Economic Development Director and Assistant Executive Director of the
Orange Redevelopment Agency, and Commending Him for more than Thirty -Seven
Years of Loyal and Dedicated Service to the City of Orange.
ACTION: Approved.
3.12 RESOLUTION NO. 10610 (C2500.M)
A Resolution of the City Council of the City of Orange Expressing Appreciation to
Javier "Harvey" Sosa of the Street Tree Maintenance Division of Public Works and
Commending Him for more than Thirty -One Years of Loyal and Dedicated Service.
ACTION: Approved.
3.13 RESOLUTION NO. 10611 (C2500.11)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Captain Daniel "Dan" "Graupy" Graupensperger of the Orange City Fire Department
for Thirty -Six Years of Loyal and Dedicated Service.
ACTION: Approved.
3.14 RESOLUTION NO. 10612 (C2500.11)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Engineer Dale Karell of the Orange Fire Department for Thirty Years of Loyal and
Dedicated Service.
ACTION: Approved.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES November 22, 2011
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Modification of City's Fiscal Reserve Policy. (C2500.E)
NOTE: City Manager John Sibley requested a continuance of this item.
MOTION -Smith
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to December 13, 2011 meeting.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17 -11 (SECOND READING) (A2500.0 City Council Compensation)
An Ordinance of the City Council of the City of Orange Amending Title 2 of the Orange
Municipal Code Relating to Salaries and Compensation of City Council Members.
MOTION - Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance 17 -11 be read by title only and same was approved and adopted by the
preceding vote.
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CITY COUNCIL MINUTES November 22, 2011
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 4:55 p.m.
The City Council did not recess to a Closed Session.
NOTE: City Attorney David DeBerry stated he had provided Council with a memo on
Item a.
a. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) One potential case — AB 1236 potential challenge
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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7:00 P.M. SESSION
NOTE: Councilmember Dumitru was absent for this session.
12. PUBLIC COMMENTS - None
13. PUBLIC HEARINGS
November 22, 2011
13.1 REZONE CERTAIN PROPERTIES IN THE SOUTHEAST QUADRANT OF OLD
TOWNE ORANGE HISTORIC DISTRICT TO SINGLE FAMILY RESIDENTIAL (R -1)
- ZONE CHANGE 1261 -11 (Continued from October 25, 2011). (Z1500.0 ZCG- 1261 -11)
A continued public hearing to consider the proposed zone change to rezone affected properties
in Old Towne east of Glassell Street and south of Chapman Avenue (Southeast Quadrant) to R-
1-6 (Single Family Residential, 6,000 square foot minimum lot size), consistent with the
prevailing single - family zoning that exists in other parts of Old Towne's residential quadrants.
The zone change is proposed in order to establish consistency between General Plan land use
designations and zoning classifications, as required by State law.
Discussion — Councilmember Whitaker suggested possible ways to address concerns —
including a way to allow more houses to conform, delaying implementation, and re- noticing to
the neighborhood.
Mayor Cavecche noted that residents have met with members of the Council and work has
occurred toward a possible compromise.
Mayor pro tem Smith pointed out that six previous notices had already gone out on past
meetings, which involves a cost; and noted that Council had received hundreds of responses
from the residents on the issue.
Councilmember Bilodeau suggested a letter be sent from the City Manager to the property
owners in the Southeast quadrant informing them of what exactly the rezone would do and
how it would affect their property; noting that being one of the members of the Council having
concerns with the proposed action, a letter of this type would help to give him a comfort level
before proceeding. He also suggested a possible compromise in the length of time that would
occur before any changes are made to the area. He clarified with staff the standards on
accessory second units in R -1 zones.
Council discussed the content of the letter, and agreed to appoint two members serving as a
Council sub - committee to review the letter. The City Attorney indicated that the letter should
provide what is proposed and general potential impacts, as it can not be too specific to any one
property.
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CITY COUNCIL MINUTES November 22, 2011
13. PUBLIC HEARINGS (Continued)
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to continue to the February 14, 2012 meeting with a stipulation to send a letter from the
City Manager on the proposed action and potential impacts with review by a Council sub-
committee.
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche, Bilodeau
ABSENT
- Dumitru
Moved to appoint Mayor pro tem Smith and Councilmember Bilodeau to a Council sub-
committee to review a letter to the residents.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT — The City Council adjourned at 7:55 p.m.
The next regular City Council Meeting is scheduled for Tuesday, December 13, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 22, 2011 at Orange Civic Center kiosk, Police facility at 1107
North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the
City of Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting; and available at the Civic Center City Clerk's Office.
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CITY CLERK
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