Adjourned Reg Meeting 09/06/11APPROVED BY THE CITY COUNCIL ON SEPTEMBER 13, 2011
CITY COUNCIL MINUTES
OF AN ADJOURNED REGULAR MEETING
ORANGE, CALIFORNIA
September 6, 2011
The City Council of the City of Orange, California convened on September 6, 2011 at 7:00
p.m. in an Adjourned Regular Meeting in the Council Chambers, 300 E. Chapman Avenue,
Orange, California.
7:00 P.M.
1. OPENING
1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
2. PUBLIC COMMENTS - None
3. CONSENT CALENDAR - None
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES September 6, 2011
7. ADMINISTRATIVE REPORTS
7.1 RIDGELINE EQUESTRIAN ESTATES PROJECT.
City Attorney David DeBerry provided a staff report. He stated the decision to either repeal
the approval of the General Plan Amendment (GPA) or call an election was before the Council.
He addressed four questions that remained on the issue:
1. In his opinion, absent a court order directing the City Council otherwise, the City
Council was required to either repeal the GPA or to call an election.
2. That once an election is called, it cannot be rescinded even if the developer and
proponents of the referendum negotiate a compromise.
3. The City Council can reconsider the GPA within one year of the date of its repeal or
one year from when it is disapproved at an election. The Elections Code imposes no time
restrictions on when the GPA can be resubmitted for processing, it just prohibits the City
Council from reenacting a similar GPA within the one year period.
4. Whether or not the Ridgeline project can go forward without the GPA. He stated
further research would be required on his part to render an opinion.
Speakers — the following persons spoke
Michelle Gregory
Bob Kirkeby
Katrina Kirkeby
Lois Widly
Michelle Pettit Williams
Donald Baddorf
Rose Ellen Cunningham
Fran Klovstad
Tom Davidson
Sharon Miner
Laura Thomas
Duane Malone
Kimberly Bottomley
Council made a request to recess to closed session to discuss issues regarding potential
litigation.
City Attorney David DeBerry announced that pursuant to the Brown Act the City Council
recessed to closed session at 7:45 p.m. to discuss potential litigation involving its decision on
this issue.
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CITY COUNCIL MINUTES September 6, 2011
7. ADMINISTRATIVE REPORTS (Continued)
Council reconvened from Closed Session at 8:20 p.m.
RESOLUTION NO. 10580
A Resolution of the City Council of the City of Orange, California, Calling and Giving Notice
of the Holding of a General Municipal Election on November 6, 2012, for the Submission to
the Voters Resolution No. 10566, General Plan Amendment No. 2007 -0001 Related to the
Ridgeline Equestrian Estates Project.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10580.
RESOLUTION NO. 10581
A Resolution of the City Council of the City of Orange, California Requesting the Board of
Supervisors of the County of Orange to Consolidate the General Municipal Election to be held
on November 6, 2012, with the Statewide General Election to be held on that date Pursuant to
Section 10403 of the Elections Code.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10581.
City Attorney David DeBerry stated there is still time to reach a decision on the written
arguments, impartial analysis, and whether or not to allow rebuttals.
Council agreed to wait on these decisions.
Mayor Cavecche clarified there will be an opportunity for an opponent position on ballot
arguments.
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CITY COUNCIL MINUTES
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
September 6, 2011
10. ADJOURNMENT — The City Council adjourned at 8:30 p.m. to its Regular Meeting
of Tuesday, September 13, 2011, at 4:30 p.m. in the Council Chambers.
Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council Agenda of
an Adjourned Regular Meeting on September 6, 2011 at Orange Civic Center kiosk, Police
Facility at 1107 North Batavia, and Orange Public Library at 407 N. 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 Study Session.
MAAM MURPHY
CITY CL
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