Council Minutes 08/23/11APPROVED BY THE CITY COUNCIL ON SEPTEMBER 13, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 23, 2011
The City Council of the City of Orange, California convened on August 23, 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 Pastor Danny Kurimay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Pro tem Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Employee Service
2. PUBLIC COMMENTS — None.
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3.
3.1
3.2
3.3
3.4
3.5
3.6
CONSENT CALENDAR
August 23, 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.
Confirmation of warrant registers dated August 2, August 4, and August 11, 2011.
ACTION: Approved.
City Council Minutes, Regular Meeting of August 9, 2011. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Investment Oversight Committee Report, period ending July 31, 2011.
(OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
Agreement with Friendly Center, Inc. for the Administration of After School
Community Programs for School -Age Youth in Orange. (A2100.0 Agr -5799)
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
Mills Act Contract No. 204.0 -11 (Historic Property Preservation Agreements)
419 East Maple Avenue. (A2100.0 Agr -5800)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 204.0 -11), for the
preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
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CITY COUNCIL MINUTES August 23, 2011
3. CONSENT CALENDAR (Continued)
3.7 Mills Act Contract No. 206.0 -11 (Historic Property Preservation Agreements)
607 East Almond Avenue. (A2100.0 Agr -5801)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 206.0 -11), for the
preservation, restoration and /or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
3.8 Agreement with Orange County Flood Control District (OCFCD) for Operations
and Maintenance of the Santiago Creek Bike Trail. (A2100.0 Agr -5802)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.9 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.H)
ACTION: Appropriated $31,118.45 from 100.3023.48210.20080 to
100.3023.53060.20080.
3.10 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. Vince DiCera
b. Robert Ventura
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Final Acceptance of Bid No. 101 -14; Tustin Street and Meats Avenue Intersection
Improvements project performed by Palp Inc., dba Excel Paving Company; and
authorization to file the Notice of Completion with the County Recorder. ( staff
report required (A2100.0 Agr -5699)
ACTION: Accepted public work improvements, authorized release of Federal
Insurance Company, of Indiana, Bond No. 8219 -66 -15 in the amount of $1,275,961.70
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
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3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 101 -19; Annual Concrete Replacement at Various
Locations, FY 2010 -2011 project performed by C.J. Concrete Construction, Inc.;
and authorization to file the Notice of Completion with the County Recorder. (No
staff report required (A2100.0 Agr -5718)
ACTION: Accepted public work improvements, authorized release of First National
Insurance Company, of Washington, Bond No. 024036807 in the amount of $468,300
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.13 Award of Contract - Bid No. 101 -38, SP -3740; Old Towne Street Lighting
Improvements on Cypress St., Lemon St., and Olive St. (A2100.0 Agr -5803)
NOTE: Councilmembers Dumitru and Bilodeau recorded No votes on this item.
ACTION: 1) Approved Contract Change Order No. 1 to reduce the scope of work in
the amount of $112,510.00; 2) Awarded contract in the amount of $340,635.00 to
California Professional Engineering, Inc., and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.14 Award of Contract - Bid No. 112 -04; Water Improvements for Main Street from
SR -22 to Culver Avenue. (A2100.0 Agr -5804)
NOTE: Councilmembers Dumitru and Bilodeau recorded No votes on this item.
ACTION: Awarded the contract in the amount of $398,050.00 to Miramontes
Construction Co., Inc., and authorized the Mayor and City Clerk to execute on behalf of
the City.
3.15 Assembly Bill (AB) 3229 Grant Money for Funding of Police Support Personnel.
(C2500.K)
ACTION: Allocated the FY 2011/12 COPS granted award to fund the following
positions through June 30, 2012:
Position Class Description % Funded By COPS Status
1766 Civilian Investigative Officer 100 19 hr /week
1770 Crime Prevention Officer 100 Full -time
GRANTS
3.16 Grant 20286 from the State of California Office of Traffic Safety (OTS) for the
DUI Enforcement and Awareness Program for Federal Fiscal Year 2012.
(A2100.0 Agr- 5117.D)
ACTION: 1) Approved agreement with the State of California OTS for the grant and
authorized the City Manager to execute the agreement on behalf of the City; and 2)
Appropriated $140,000 from the General Fund, into the Traffic Program.
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CITY COUNCIL MINUTES August 23, 2011
3. CONSENT CALENDAR (Continued)
PARKING
3.17 Modification to the Preferred Alternative for Addressing Parking Demand in the
Vicinity of the Orange Transportation Center as a Result of Metrolink Ridership
Expansion. (P2500.0.9)
NOTE: Councilmember Whitaker recorded an Abstention on this item due to a
potential conflict of interest with his employment.
(See related Redevelopment Agency Minutes Item No. 3.3)
ACTION: Directed removal of the West Chapman/Metrolink parking lot from
consideration in the Preferred Alternative to address Metrolink ridership expansion.
PURCHASES
3.18 Purchase Extended Warranty Contract from Zoll Medical Corporation for
Defibrillator and AutoPulse Medical Equipment in the amount of $44,011.
(C2500.H)
ACTION: Approved.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.19 RESOLUTION NO. 10575 (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 2011 -12.
(See related Redevelopment Agency Minutes Item No. 3.6)
Discussion
Councilmember Whitaker questioned the suggested wording on the Investment Risk
Policy, as he was uncomfortable deleting action items with no definitions, and thought
standards should be defined. He suggested a continuance to the September 13
meeting.
Council also discussed the fact they did not want automatic sell -offs because of a
downgrade in an investment.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ACTION: Continued to September 13, 2011.
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CITY COUNCIL MINUTES August 23, 2011
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 10578 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange renaming The Block Way to
Designer Drive.
ACTION: Approved.
MOTION - Cavecche
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.19 was removed and heard separately. Councilmembers Dumitru and Bilodeau
recorded No votes on Items 3.13 and 3.14. Councilmember Whitaker recorded an
Abstention on Item 3.17. All other items were approved as recommended.
END OF CONSENT CALENDAR
NOTE: Council recessed to Closed Session at 5:00 p.m.; and reconvened at 6:10 p.m.
4. REPORTS FROM MAYOR CAVECCHE — None.
5. REPORTS FROM COUNCILMEMBERS — None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None.
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7. ADMINISTRATIVE REPORTS
7.1 First Amendment to Homelessness Prevention and Rapid Re- Housing Program
(HPRP) Subgrantee Agreement with the Friendly Center, Inc. (A2100.0 Agr- 5421.A.4.1)
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ACTION: 1) Authorized staff to increase Friendly Center, Inc's original HPRP budget of
$301,202 by $112,030 to supplement funding for its Comprehensive Family Support Program;
2) Approved the following appropriation transfers among HPRP Accounts:
318.9660.51770.09001
318.9660.51770.09002
318.9660.51770.11357
Aids Services Foundation Orange County $ <25,000>
First Presbyterian Church of Orange <87,030>
Friendly Center, Inc.
$112,030
3) Authorized the City Manager to execute the First Amendment to HPRP Subgrantee
Agreement; and 4) Authorized the City Manager to approve future appropriation transfers and
Amendments to the HPRP Subgrantee Agreement with Friendly Center, Inc. if other HPRP
Subgrantees return unexpended HPRP funds to the City, and Friendly Center, Inc.
satisfactorily demonstrates the need for additional funding.
7.2 First Amendment to Deferred 2% Loan Agreement (Housing Rehabilitation Loan
Program) and First Amendment to Promissory Note Secured by Deed of Trust with the
Friendly Center, Inc. (A2100.0 Agr- 1128.1; 1128.0.B.1)
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ACTION: 1) Approved the First Amendment to Deferred 2% Loan Agreement (Housing
Rehabilitation Loan Program) and authorized the City Manager to execute; and 2) Approved
the First Amendment to Promissory Note Secured by Deed of Trust and authorized the City
Manager to execute.
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CITY COUNCIL MINUTES August 23, 2011
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report on the Effect of a Referendum Seeking to Repeal General Plan
Amendment 2007 -0001 Relating to the Ridgeline Equestrian Estates. (C2300.E)
DicnTnccinn
City Attorney David DeBerry reported that at the meeting on August 9 the Council requested
a report concerning the impacts of a referendum which seeks to repeal General Plan
Amendment 2007 -0001 relating to the Ridgeline Equestrian Estates. The ultimate question
that was looked into was whether or not the repeal of the General Plan Amendment would
render the change that Council had opted, which was to rezone 50.75 acres of open space to 40
acres of single family residential R -140 and 3.75 acres of open space, and/or the development
agreement for the Ridgeline property, inconsistent with the City's General Plan.
Mr. DeBerry opined that although it may be a very close call and may have to ultimately be
litigated, the repeal of the General Plan Amendment would not result in an inconsistency
which would automatically invalidate the Zone Change and the Development Agreement. In
essence, State law requires that the City's General Plan be internally consistent and also that
lower land use approvals such as the Zoning and the Development Agreement be consistent
with the General Plan. The zoning is considered consistent with the General Plan if it permits
land uses with those allowed under the General Plan designation and otherwise furthers the
goals, objectives and policies of the General Plan. The Development Agreement will be
considered based upon the same compatibility test, and a Development Agreement does not
need to be in perfect conformity with each and every aspect of General Plan policy.
He reported the General Plan Amendment itself did not change the Land Use Designation on
the Ridgeline property which has remained Other Open Space and Low Density One Acre.
What the General Plan did was make several changes to the Orange Park Acres Plan which is
part of the General Plan; but they were more textual in nature and in some instances they made
the General Plan more internally consistent.
For instance, the General Plan Amendment changed designation on the Orange Park Acres
Land Use and Circulation map from Open Space Recreation to reflect the actual designation of
Other Open Space and Low Density. So in that particular respect the General Plan
Amendment actually made the General Plan more internally consistent. Other changes made
by the General Plan Amendment to the OPA Plan, while making it more consistent with the
Ridgeline project did not necessarily make the General Plan itself any more internally
consistent. So, in essence, there's a General Plan Amendment which in several cases makes the
General Plan more internally consistent and in other cases, one could argue, maybe it made it
less consistent. So if it became effective, the General Plan Amendment would overall, with or
without the project, make the City's General Plan more consistent rather than less. Repeal,
whether by Council vote or vote of the electorate, would result in this improvement in the
General Plan's consistency being eliminated.
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CITY COUNCIL MINUTES August 23, 2011
7. ADMINISTRATIVE REPORTS (Continued)
Certainly, on its face, the Zone Change, which is a combination of Open Space and Residential
is consistent with the General Plan designation which is Other Open Space and Residential;
and it would remain consistent irrespective of the repeal of the General Plan Amendment since
the General Plan designation is noted for both uses. Similarly the Development Agreement is
consistent with the Zone Change.
Mr. DeBerry noted that Section 2 of the Master Responses of the Ridgeline EIR is the section
which discusses the projects compatibility with the General Plan, and the Development
Agreement was compatible with just about all the objectives in the General Plan irrespective of
whether the GPA was approved or not.
He also noted there is a question of whether or not the referendum itself is valid because the
referendum cannot conflict with the State's general law, which requires the General Plan to be
both internally consistent and vertically consistent. If it is true that this General Plan
Amendment made the General Plan more internally consistent and a referendum would repeal
that Amendment, making the General Plan more internally inconsistent, it may violate State
law and the referendum itself might not be valid. But again, it's a question of first impression
and it's probably going to be a close call.
Mr. DeBerry clarified that the City Council is required to either repeal the General Plan
Amendment or order an election, and a meeting for September 6 has been set to take one of
those actions. If the General Plan Amendment is repealed by City Council or rejected by the
voters in the event an election is called, the City Council may not enact a potentially similar
General Plan Amendment for one year after the date of repeal or rejection by the voters, if it
were rejected.
Mr. DeBerry requested the Council direct staff to either draft resolutions to repeal the General
Plan Amendment or prepare resolutions calling for an election; or an alternative would be to
direct staff to prepare all resolutions for final action to be taken on September 61h
Council discussed the various options — whether to repeal Resolution 10566, which approved
the General Plan Amendment, or place the referendum on a ballot, either at a special election
or at the next general municipal election; and also discussed, under different scenarios, the
timing of when the developer could bring a project back for Council consideration.
Speakers — The following persons spoke on the project.
Adrian Falcon
Steven Baric, speaking for the developer
Michael Gaughen
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7. ADMINISTRATIVE REPORTS (Continued)
Council discussed making the final determination at its meeting on September 6 1 "
Mayor Cavecche noted the General Municipal Election refers specifically to November 2012.
MOTION - Dumitru
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to direct the City Attorney to prepare Resolutions for all options for final action to be
taken at the Adjourned Regular Meeting on September 6, 2011.
8. REPORTS FROM CITY MANAGER — None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 13 -11 (SECOND READING) (A2500.0 Speed Limits)
An Ordinance of the City Council of the City of Orange Amending Section 10. 14.050 of
Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits.
MOTION - Bilodeau
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau
NOES - Dumitru
Moved that Ordinance No. 13 -11 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 15 -11 (SECOND READING) (A2500.0 Ord -15 -11 Alternative
Voluntary Redevelopment Program)
An Ordinance of the City Council of the City of Orange, California, Authorizing the City of
Orange to Participate in the Alternative Voluntary Redevelopment Program, Subject to Certain
Conditions and Reservations.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche
NOES - Dumitru, Bilodeau
Moved that Ordinance No. 15 -11 be read by title only and same was approved and adopted by
the preceding vote.
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10. PUBLIC HEARINGS
August 23, 2011
10.1 PROPOSED FISCAL YEAR 2011 -2012 (FY 12) CITY OF ORANGE BUDGET.
(C2500.J.1.1)
Time set for public hearing to consider the Proposed Fiscal Year 2011 -12 (FY 12) City of
Orange and Orange Redevelopment Agency Budget, and Seven Year Capital Improvement
Program.
(See related Orange Redevelopment Agency Minutes Item No. 9. 1.)
Councilmember Bilodeau suggested it would be prudent to put off the budget and continue
with the current continuing budget resolution given there are some outstanding large budget
items which have not been resolved; and suggested the budget presentation be placed on the
city's website.
City Manager, John Sibley stated that last Fiscal Year resolutions allow the City to continue to
spend at the same level as last Fiscal Year, as long as these appropriations are not exceeded.
Councilmember Whitaker suggested the budget be agendized for the first meeting after an
agreement is reached with the collective bargaining groups, but no later than the first meeting
in November; and agreed the budget presentation be placed on the City's website. He also
suggested a discussion at some point on reserve levels.
At the request of Council, Mr. Rick Otto, Assistant City Manager, provided a power point
presentation on the proposed budget.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue the proposed FY 2011 -12 Budget to no date certain, but no later than the
first meeting in November.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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12. RECESS TO CLOSED SESSION
The City Council recessed at 5:00 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick Otto,
Human Resources Director Steven Pham, and Assistant Human Resources Director Mike
Harary;
Employee Organizations: Orange City Fire Fighters and all Misc. Bargaining Groups
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.
13. ADJOURNMENT
There was no 7:00 p.m. session.
The City Council adjourned at 7:45 p.m. to an Adjourned Regular Meeting on Tuesday,
September 6, 2011 at 7:00 p.m. in the Council Chambers to consider the Referendum on the
Ridgeline Equestrian Estates project.
The next regular City Council Meeting is scheduled for Tuesday, September 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 August 23, 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 sa id regular meeting; and available at the Civic Center City Clerk's Office.
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