Council Minutes 05/24/11APPROVED BY THE CITY COUNCIL ON JUNE 14, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 24, 2011
The City Council of the City of Orange, California convened on May 24, 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 Stan Vandenberg — Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Whitaker
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
OCTA Proclamation Presentation by Supervisor /OCTA Director Campbell thanking
the City of Orange for partnering on the delivery of Measure M1.
Recognition of Employee Service.
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
May 24, 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 May 5 and May 12, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of May 10, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report, period ending April 30, 2011. (C2500.F)
ACTION: Received and filed.
3.5 Investment Oversight Committee Report, period ending April 30, 2011.
(OR1800.0.27.16)
ACTION: Received and filed.
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CITY COUNCIL MINUTES May 24, 2011
3. CONSENT CALENDAR (Continued)
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.6 First Amendment to Agreement No. 3553.) with Judicial Data Systems Corporation
for additional funds for processing parking citations (Continued from May 10,
2011). (A2100.0 Agr- 3553.J.1)
Discussion — Council agreed that a payment box at City Hall would solve the confusion
with the payments going to a Santa Ana address. Mayor Cavecche stated she did not
want City staff processing citations.
Speaker — Mr. John Wilson, Judicial Data Systems Corporation, stated that once the City
established a drop box at City Hall, his staff could come by on a weekly basis to collect
the citation payments.
Moved to: 1) Approve First Amendment and authorize the Mayor and City Clerk to
execute on behalf of the City; 2) Approve appropriation transfer of $10,000 from
100.4032.51670 (Gangs Other Professional and Consulting Services) to
100.4041.51670 (Traffic Other Professional and Consulting Services); and 3) Install a
ticket payment drop box at City Hall.
BIDS
3.7 Bid No. 101 -40; approval of plans and specifications and request authorization to
advertise for bids for construction of FY 2010 -11 Community Development Block
Grant (CDBG) Street Rehabilitation and Reconstruction Projects: Palmyra
Avenue, Alanda Avenue, Burly Avenue, Lemon Street, Norwood Street, Olive
Street, Thomas Street, and Century Drive Improvements. (S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG FY 10 -11 Street Rehabilitation and Reconstruction Projects.
3.8 Bid No. 101 -41; approval of plans and specifications and request authorization to
advertise for bids for the Santiago Creek Bike Trail North Project — Santiago
Canyon Road from Santiago Boulevard to Cannon Street and Cannon Street from
Santiago Canyon Road to Santiago Creek. (C2500.M)
ACTION: 1) Reviewed, considered and approved the addendum to Mitigated
Negative Declaration No. 1819 -09, dated May 12, 2011; and 2) Approved plans and
specifications and authorized advertising for bids for the Santiago Creek Bike Trail
North Project.
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CITY COUNCIL MINUTES May 24, 2011
3. CONSENT CALENDAR (Continued)
3.9 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. The County of Orange — relating to the Thomas Twellman claim
b. Carmela McDonald
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Contract Change Order No. I — Bid No. 101 -09; Upgrade of Energy Management
System at Various City of Orange Facilities Project. (A2100.0 Agr -5654)
ACTION: Approved Contract Change Order No. 1 in the amount of $23,852 to
Setpoint System Corporation.
3.11 Final Acceptance of Bid No. 090 -07; LaVeta Avenue and Parker Street Traffic
Signal Modification — project performed by Pro Tech Engineering Corp. ( staff
report required.) (A2100.0 Agr -5605)
ACTION: Accepted public work improvements; authorized release of Aegis Security
Insurance Co. of Pennsylvania, Bond No. CTR- 3000036 in the amount of $114,600.00
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.12 Final Acceptance of Bid No. 090 -08; East Chapman Avenue Emergency Vehicle
Preemption System - project performed by Pro Tech Engineering Corp. No staff
report required.) (A2100.0 Agr -5606)
ACTION: Accepted public work improvements; authorized release of Aegis Security
Insurance Co. of Pennsylvania, Bond No. CTR- 30000367 in the amount of $209,400.00
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
PURCHASES
3.13 Purchase of Closed- Circuit Television cameras as part of the implementation of
East Chapman Traffic Signal Coordination Project. (S4000.S.3.3)
ACTION: Authorized sole source procurement of hardware brands per project
specifications to maintain system standardization of citywide traffic signal equipment.
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 10554 (S4000.S.4)
A Resolution of the City Council of the City of Orange Summarily Vacating a Portion
of a Water Line Easement Located East of Newport Boulevard on Santiago Canyon
College Property which is no longer needed by the City.
ACTION: Approved.
3.15 RESOLUTION NO. 10555 (L1200.0 LMD 94 -1)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 94 -1 (Sycamore Crossing) declaring its intention to
provide for an annual levy and collection of assessments for FY 2011 -2012; and to set a
time and place for a Public Hearing to receive public testimony on the foregoing
matters; and to give preliminary approval to the Certified Engineer's Report for
Landscape Maintenance Assessment District 94 -1 (Sycamore Crossing).
ACTION: Approved Resolution No. 10555 to set June 28, 2011 as the date for a Public
Hearing, and give approval to the Preliminary Engineer's Report.
3.16 RESOLUTION NO. 10556 (L1200.0 LMD -86 -2)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 86 -2 (Santiago Hills) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2011 -2012; to
set a time and place for a Public Hearing to receive public testimony on the foregoing
matters; and to give preliminary approval to the Certified Engineer's Report for
Landscape Maintenance Assessment District 86 -2 (Santiago Hills).
ACTION: Approved Resolution No. 10556 to set June 28, 2011 as the date for a Public
Hearing, and give approval to the Preliminary Engineer's Report.
3.17 RESOLUTION NO. 10558 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to Greg
Soliz of the Community Services Department for 30 years of valued, loyal and dedicated
�Y "OffK-1
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 10560 (P2500.0.1)
A Resolution of the City Council of the City of Orange Finding that Certain City -
Owned Real Property located at 206 S. Center Street in the City of Orange is Surplus to
the City's Needs and Authorizing the Sale of Said Property.
Discussion — Assistant City Manager Rick Otto provided a staff report.
Council discussed the following:
• A preference v. requirement to use the property as residential;
• 20 non - profit and low- income housing providers have been notified of the sale;
• Options of selling the property as is;
• Whether to require the garage be renovated, and its safe use;
• Zoning issues with the property, and using the phrase according to zoning in bid
documents;
• Parking problems with both residential and office uses.
City Attorney David DeBerry stated that when the bid package is brought forward, staff
will provide a list of issues to bring the property into conformance. He also stated that
the City must disclose legal non - conforming information.
MOTION - Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to June 14, 2011 to consider further conditions of the sale; and
receive clarification from the Community Development Department on parking
requirements.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.6 and 3.18 were removed and heard separately. All other items were approved
as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES May 24, 2011
4. REPORTS FROM MAYOR CAVECCHE
4.1 Consideration of reappointment of David Sundstrom, Dwight Nakata, G. David
Piper, Nancy Loughrey, and Jerro Otsuki to the Audit Committee, terms to expire
January 30, 2013. (OR1800.0.27.17)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved re- appoint David Sundstrom, Dwight Nakata, G. David Piper, Nancy Loughrey, and
Jerro Otsuki to the Audit Committee, terms to expire January 30, 2013.
4.2 Consideration of reappointment of Ken Romero, Robert Foley, and Larry
Sallinger to the Investment Advisory Committee, terms to expire January 30, 2013.
(OR1800.0.27.13)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to re- appoint Ken Romero, Robert Foley, and Larry Sallinger to the Investment
Advisory Committee, terms to expire January 30, 2013.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Dumitru —Request for opposition to Senate Bill 653 — Local
Taxation. (S3500.A)
Discussion — Councilmember Dumitru stated opposition to the bill due to its imposing further
tax burdens on citizens and that it does nothing to solve the instability of local government
finances.
MOTION - Dumitru
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to transmit letter of opposition to S13653.
Non - Agenda Item -
Councilmember Whitaker noted that the creation of a children's garden at the Main Library,
through a donation by a private party, has gone a different direction than Council had intended.
Council concurred that talks with the donor would be re- established to accomplish the garden,
and directed staff to think in terms of risk management not risk aversion for issues.
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CITY COUNCIL MINUTES May 24, 2011
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER
8.1 Budget Status Update. (C2500.E)
City Manager John Sibley announced that the next and final budget study session would occur
on June 7, 2011, at 5:00 p.m. in the Council Chambers.
Mayor Cavecche stated that this study session's goal is for specific policy direction to staff on
programs prior to the adoption of the FY 2011 -12 budget.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 06 -11 (SECOND READING) (A2500.0 Ord -06 -11 Domicile
of Parolees)
An Ordinance of the City Council of the City of Orange Adding a New Chapter 9.11 to the
Orange Municipal Code Relating to Domicile of Parolees.
MOTION - Cavecche
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 06 -11 be read by title only and same was approved and adopted by
the preceding vote.
10. PUBLIC HEARINGS
10.1 2010 URBAN WATER MANAGEMENT PLAN (UWMP). (C2300.K)
Time set for public hearing to consider adoption of the City's UWMP. Per State law, the Plan
must be updated every five years. The Plan discusses the City's current and future water
demands, availability and reliability of its water supplies, various water demand management
measures to facilitate customer water use efficiency, water supply contingency plan, and future
water supply programs.
Discussion — Michael Wolfe, Acting Deputy Director, Maintenance and Operations, provided a
staff report.
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CITY COUNCIL MINUTES May 24, 2011
10. PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Council stated their opposition to adopting a mandatory water conservation ordinance, but
rather written in the plan is language from a voluntary water conservation resolution which
Council adopted in 2009.
RESOLUTION NO. 10557
A Resolution of the City Council of the City of Orange Adopting the City of Orange 2010
Urban Water Management Plan.
MOTION - Cavecche
SECOND -Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10557 which adopts the City of Orange 2010 UWMP
containing the voluntary drought conservation Resolution No. 10407.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:45 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 Ast. Human Resources Director Mike Harary
Employee Organizations: Orange City Fire Fighters and all Misc. Bargaining Groups
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
Vasquez v. Rackauckas, et. al.
USDC Case No. SACV09 -1090 VBF (RNBx)
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 May 24, 2011
7:00 P.M. SESSION
13. PUBLIC COMMENTS - None
14. PUBLIC HEARINGS
14.1 PROPOSED UNDERGROUND UTILITY DISTRICT NO. 16. (C2500.M.13)
Time set for a public hearing to consider the formation of Underground Utility District No. 16
along Maple Avenue from Glassell Street to Cypress Street, Olive Street from Maple Avenue
to Almond Avenue, Lemon Street from Maple Avenue to Chapman Avenue, Cypress Street
from Maple Avenue to Almond Avenue, Almond Avenue from Glassell Street to Cypress
Street; and authorize the conversion of the existing overhead electric and communication
facilities and associated structures to underground locations.
NOTE: Staff requests continuance to June 14, 2011 at 4:30 p.m.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to June 14, 2011 at 4:30 p.m.
14.2 Draft Environmental Impact Report (DEIR 1788 -07); General Plan Amendment
(GPA 2007 - 0001); Zone Change (ZC 1243 -07); Tentative Tract Map (TTM 0019 -07 - also
known as TT 17167); Development Agreement (DA 5600); Major Site Plan Review
(MJSP 0496 -07); and Design Review Committee (DRC 4207 -07) — Ridgeline Equestrian
Estates —1051 Meads Avenue (Continued from May 10, 2011) (C2300.E)
The public hearing to consider the development of approximately 51 acres with 39 residential
units on 39 minimum one -acre lots. Private equestrian stables could be provided on 34 of the
39 lots. The project also proposes an equestrian ride -in only arena, open space, trails, private
streets, site landscaping, and development of supporting infrastructure necessary for project
implementation. The 3.9 -acre Sully Miller arena would be required to be donated to and used
in perpetuity as a horse arena by a non - profit entity, the existing licensee, or the Ridgeline
Homeowners Association.
NOTE: THE PUBLIC HEARING REMAINS OPEN, BUT THE PUBLIC COMMENT
PERIOD WAS CLOSED AT THE LAST MEETING.
Mr. Ken Ryan, KTGY, representing the developer JMI Real Estate, provided the developer's
response to many of the issues raised at the May 10'" meeting during public comments. Some
of those issues included: adequate replacement of lost land for recreation use; parkland
acreage; outreach to residents; the potential to re -open the golf course; traffic, noise, and light
pollution; trail crossing safety; irrigation on both sides of the trail; finding a non - profit to
maintain the ride -in arena; why a 15 -year development agreement is needed;
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CITY COUNCIL MINUTES May 24, 2011
14. PUBLIC HEARINGS (Continued)
the timing of donation of both the ride -in arena and Sully Miller arena; why there was
language in the development agreement for a community facilities district; allegations about
trucks speeding' brush clearing; and the plan for removal of trees.
Mr. Ryan identified five primary issues relating to the development agreement, which were:
1. The timing of the donation of the ride -in -arena – the developer requested completion and
donation at inspection of the 39 home, not the 20th; and proposed to deposit $500,000 in an
escrow account to ensure the ride -in -arena and trail improvements completed.
2. Internal trails – the developer requested that the internal trails should be private, not public.
3. Timing of the acquisition of off -site property – Requested that acquisition occur prior to the
first building permit rather than at grading permit;
4. Requested 100% park fee credit;
5. Requested clarification of future reviewing bodies for future project approvals.
Mr. Ryan also went through numerous project conditions which the developer requested
direction from the Council.
In response to some of the questions from the Council, Mr. Ryan responded:
• A 15 -year DA is needed because getting to this point has taken six years, adding that
presentation to other reviewing bodies, such as LAFCO, is still required;
• A master builder will come in and construct very high -end estate properties;
• The developer was willing to commit to providing $10,000 each of first three years to cover
the costs of operating the Sully Miller arena and to pay insurance costs until the donation is
made;
• Non - profit to manage the Sully Miller site, with potential for a non - profit to manage both
arenas, adding that the offer for the insurance money from JMI is for both arenas;
• Garage space is appropriately -sized for proposed tandem parking;
• Plan is for equestrian arena to stay as such in perpetuity;
• Agreed to eliminate request for transfer of park fee credits between this project and any other
of the owner's city- approved projects;
• The mile of public trails and Lot K ride -in arena will be operated by a public entity or non-
profit group —and are to be deeded to the operator;
• The estimate cost to grade and improve trails and the ride -in arena is $500,000;
• The removal of trees to not occur during nesting seasons.
In response to a question, City Attorney David DeBerry responded that some trails in Orange
Park Acres (OPA) are owned and maintained by the HOAs, and some are owned by the City,
but that maintenance responsibilities are with the OPA association via an agreement between
the City and the OPA association.
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14. PUBLIC HEARINGS (Continued)
THE MAYOR CLOSED THE PUBLIC HEARING.
In response to questions and comments made by the developer City staff made the following
comments:
Assistant Community Development Director Ed Knight verified that there is emergency access
off Coyote Lane; that there is no requirement to mitigate for the loss of privately -owned
recreational facilities; and that the traffic study in the EIR showed that the project traffic would
actually constitute a decrease from the baseline that was used at the time of the study, which
was done when the tennis court and community facilities were open, but the golf
course /driving range was closed.
Public Works Director Joe DeFrancesco stated that the fire hydrant on Coyote Lane is part of
the water system and can be moved.
City Attorney David DeBerry stated that the proposed General Plan will clean up internal
inconsistencies between the General Plan and the OPA Plan as to project site; Lot K could be
left as Open Space and does not need to be a part of the zone change; that the development
agreement is a negotiated document and constitutional notions of taking of private property are
not applicable to the negotiation of a development agreement; when property is deeded for a
specific purpose, the property owner retains the right to re -take the property if the recipient of
the deeded property stops using it for the purpose it was deeded; that precautions should be
taken if the Council were to allow the developer to wait until the 39 home built to build the
public amenities because the City would lose its leverage to ensure they are built; that state law
permits the life of the tentative tract map to extend through the term of the DA; and that there
may be a need for additional assurances, such as a performance bond, above the $500,000
escrow deposit to ensure construction of the public amenities.
Mr. Ryan responded to questions from Council stating that there are no impacts on schools, as
well as there are no plans to open this property as a golf course, if the project is not approved.
Development Agreement Issues
Internal trails to be private or public — Council agreed to the internal trails being private except
for the most eastern internal trail.
Park fee credits — Council agreed to provide full credit due to the proposed donations of trails
and arenas.
Reservations of authority (future reviewing bodies) — Council agreed that the developer does
not have to go through the OPA Committee for any future approvals.
Timing of acquisition of off -site property — Council directed that acquisition occur prior to
recordation of the final tract map.
Timing of donation/completion of ride -in -only arena and trails — Council agreed that this could
occur upon the 39 final inspection or within three years from the issuance of the first building
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CITY COUNCIL MINUTES May 24, 2011
14. PUBLIC HEARINGS (Continued)
permit whichever occurs first, with requirement for a performance bond from a high -rated
surety and funds being deposited in an account to reimburse the City for staff and litigation
costs it may incur if the City is forced to sue the surety on the bond. The Council also directed
that the trails and ride -in area be donated to the City, but made clear that the City was not
intending to incur any maintenance costs and would look to a non - profit to maintain the
facilities.
Timing of donation of Sully- Miller arena — Council directed that the owner enter into a long-
term license agreement with a non - profit to operate the arena until the time of donation and
that the offer of donation would include the City's right of first refusal.
Project Conditions
The City Council then went through a number of project conditions and gave direction to staff
to modify the conditions in accordance with its direction and to bring back a revised document
at the next meeting to reflect that direction.
Miscellaneous Issues
Tandem Parking — Council agreed to allow in this development.
Bird Nesting in Trees — Council approved the addition of language to the project conditions
that tree removal not occur during nesting periods as was stated in the Mitigation Monitoring
Program.
The Council direction that Lot K and the public trails not be part of the re- zoning and be left as
open space.
MOTION
- Cavecche
SECOND
- Whitaker
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to direct staff to prepare and return before the Council with ordinances and resolutions
consistent with the project approval recommendation by the Planning Commission and the
changes made by the City Council.
15. PLANNING AND ENVIRONMENT - None
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CITY COUNCIL MINUTES
16. ADJOURNMENT
May 24, 2011
The City Council adjourned at 12:15 a.m. to an Adjourned Regular Meeting Study Session on
Tuesday, June 7, 2011 at 5:00 p.m. in the Council Chambers at City Hall to review the
proposed FY 2011 -12 Budget.
The next regular Council Meeting will be held Tuesday, June 14, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of May 24, 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.
M )MURPHY C V. CA CCHE
CITY CLERK MAYOR
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