Loading...
1/25/2005 - Council Minutes - CC Minutes Reg Meeting I I APPROVED BY THE CITY COUNCIL ON FEBRUARY 8, 2005 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING January 25,2005 The City Council of the City of Orange, California convened on January 25,2005 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 Dan Dunkerley, Released Time Christian Education 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru I.3 ROLL CALL PRESENT - ABSENT - Smith, Ambriz, Murphy, Cavecche, Dumitru None. 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilmember Ambriz announced the kick-off meeting for the Orange Relay for Life. The kick offis Thursday, February 3 at 6:00 p.m. in the Weimer Room at City Hall. The Relay for Life, a fundraising event to raise awareness and honor those who live with cancer, will be held May 13-14, 6:00 p.m. to 6:00 p.m. at Chapman University. 2. PUBLIC COMMENTS - None PAGE 1 CITY COUNCIL MINUTES January 25,2005 3. CONSENT CALENDAR 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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of January 25, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park; 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 and Main Public Library at 101 N. Center Street. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated January 7 and 14, 2005. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, January 11, 2005 (C2S00.D.4). ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.5 Receive and file the City Treasurer's Report, period ending December 31, 2004 (C2S00.F) . ACTION: Approved. BIDS 3.6 Handy Park Field Renovation, Bid No. 045-30; Approval of Plans and Specifications and Authorization to Advertise for Bids. (C2S00.M.4.10) SUMMARY: The plans and specifications for the renovation of Handy Park Field Renovation are nearly complete and the project is ready to bid. ACTION: Approved plans and specifications and authorized advertising for Handy Park Field Renovation Bid No. 045-30. PAGE 2 I I CITY COUNCIL MINUTES January 25,2005 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are budgeted in the following account: 511-7021-481200-0017 (Handy Park Field Renovation) $25,000 It is anticipated that an additional appropriation will be requested when the award of bid is recommended for City Council approval. 3.7 CLAIMS (C3200.0) SUMMARY: The following claim(s) havc 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 Officc that the claim(s) be denied. a. Christina Acquah b. Kurt Hamilton c. Charles Wohlken ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.8 Final Acceptance of Bid No. 045-06; SP-3436; Center Street Sewer and Water Relocation Improvements and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-4SS3) SUMMARY: Bid No. 045-06; SP-3436; Center Street Sewer and Water Relocation Improvements. Staff recommends acceptance of improvements. The contractor on said job was Nikola Corporation, Inc. ACTION: Accepted public work improvements, authorized release of Merchants Bonding Company (Mutual) of Iowa, Bond No. CAC 709335 in the amount of $147,621.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMP ACT: None. 3.9 Award of Service Contract - Bid No. 045-26 for Heating, Ventilation, and Air Conditioning Maintenance for City Buildings. (A2100.0 Agr-4322.A) SUMMARY: To provide ongoing maintenance and repair for heating, ventilation, and air conditioning (HVAC) systems in City Buildings. Public Works Facilities Section requested bids from approved HV AC System Maintenance Contractors, Bid No. 045-26. Two (2) bids were received and the low bidder is ACM Systems of Brea, CA at a not to exceed cost of $70,000.00. PAGE 3 CITY COUNCIL MINUTES January 25,2005 3. CONSENT CALENDAR (Continued) ACTION: Awarded Bid No. 045-26, Service Contract for heating, ventilation, and air conditioning to ACM Systems of Brea, California, the lowest bidder in the amount not to exceed $70,000.00. FISCAL IMPACT: Sufficient funds are budgeted and available in the following account: 100-5028-424101 Repair to Buildings $70,000.00 RESOLUTIONS 3.10 RESOLUTION NO. 9938 (C2S00.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2004-08 combining two parcels of certain real property situated at 2715 E. La Veta Avenue in the City of Orange, County of Orange, State of California. Owner: Christ Lutheran Church of Orange ACTION: Approved. 3.11 RESOLUTION NO. 9939 (C2S00.K) A Resolution of the City Council of the City of Orange expressing appreciation to Detective Roger Belville of the Orange Police Department and commending him for more than nineteen years of loyal and dedicated service. ACTION: Approved. 3.12 RESOLUTION NO. 9940 (A2100.0 Agr-3411.A.1) A Resolution of the City Council of the City of Orange ratifying execution of an amendment to Financial Assistance Agreement with the County of Orange related to the constmction of Grijalva Park Phase II, Sports Center / Gymnasium. ACTION: Approved. MOTION - Cavecche SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 4 I I CITY COUNCIL MINUTES January 25, 2005 4. REPORTS FROM MAYOR MURPHY 4.1 Accept Mayor pro tern Cavecche's resignation from the Orange County Vector Control District (OR1800.0.3.20) Mayor pro tem Cavecche stated her pleasure in serving in this capacity. She thanked Personnel Director Stephen Pham for his assistance on personnel matters related to the District. MOTION - Murphy SECOND - Ambriz A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to accept Mayor pro tern Cavecche's resignation from the Orange County Vector Control District. 4.2 City Council Committee appointments. MOTION - Smith SECOND - Ambriz A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to confirm the following City Council Committee appointments: City Schools Coordinating Committee Mayor Murphy; Councilmember Smith Council Legislative Liaison Committee - SUNSET Orange County Sanitation District Mayor pro tern Cavecche; Councilmember Ambriz (alternate) Transportation Corridor Agency Mayor Murphy; Councilmember Ambriz (alternate) Growth Mgt Area Committee Councilmember Ambriz; Councilmember Dumitm Joint Powers Fire Authority Mayor pro tem Cavecche Orange County Haz Mat Emergency Response Councilmember Ambriz Orange County Vector Control District Councilmember Ambriz Orange-Santa Ana JP A Councilmember Dumitru; Councilmember Smith Santa Ana River Flood Protection Agency Mayor pro tern Cavecche Orange Housing Development Commission Mayor Murphy; Councilmember Dumitru Orange Economic Development Partnership Mayor Murphy; (All other Councilmembers serve as Alternates and attend in rotation according to availability) PAGE 5 CITY COUNCIL MINUTES January 25, 2005 S. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Cavecche - Presentation on the status of the SR 22 Freeway project by OCTA. (OC1300.D.1) Mayor pro tern Cavecche reported that OCTA is lead agency in the 800 day expansion project and that due to constmction, Metropolitan Avenue is currently closed. The expected completion day is November 6, 2005. She stated that the projected cost is $390 million of which $132 million is Measure M money. She added that the public is able to contact OCTA with concerns at 800-724-0353 or www.octa.net/sr22. OCTA representative, Dave Simpson showed a video of the improvements to occur and reported that the video would be played on the public access channel- Channel 3. Councilmember Ambriz thanked OCT A and asked staff to explore the opportunity ofrenaming City Drive to identify it with The Block. Public Works Director Harry Thomas responded that renaming the street may not be practical due to significant challenges. He suggested a sign could be placed on the freeway to direct the public to The Block. The Council thanked OCT A for their public outreach efforts. 6. BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Appointment of Linda Johnson to the Community Video Advisory Board. (OR1800.0.28) MOTION - Murphy SECOND, Ambriz AYES - Smith, Ambriz, Murphy, Cavecche, Dumitm Moved to appoint Linda Johnson to the Community Video Advisory Board for a two year term, expiring January, 2007. 6.2 Consideration of removal of Mara Brandman from the Planning Commission. (C2S00.G.2.S.1 ) Councilmember Smith stated that with the newly-elected Council in place, the option was available to her to reorganize the Planning Commission by being able to appoint a community member to the Commission. She also stated the importance of having a full Commission, noting there were times in the past when Commissioners had to recuse themselves due to potential conflicts. She thanked Ms. Brandman for her three years of service. Ms. Brandman spoke to the issue, stating her desire to finish her term on the Planning Commission, noting that she had just been appointed Vice-Chairman. PAGE 6 I I CITY COUNCIL MINUTES January 25,2005 6. BOARDS, COMMITTEES, AND COMMISSIONS (Continued) Council discussion ensued regarding the existence of a quorum on the Planning Commission and the speed with which the two vacancies that now exist can be filled. It was explained that the Maddy Act establishes a process for noticing vacancies and it was the Mayor's hope that a full Commission could be seated by February. Council noted there are numerous positions available at this Committees and encouraged participation from the community. make appointments as soon as possible. time on various Boards and Council expressed a desire to Mayor pro tern Cavecche noted she was anxious to have her representative to the Planning Commission appointed as soon as possible. MOTION - Smith SECOND - Murphy AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to remove Mara Brandman from the Planning Commission; and instmct the City Clerk to begin Maddy Act procedures. 7. ADMINISTRATIVE REPORTS 7.1 Report from the Community Services Director - Current Status and Performance of Signs of Support (SOS). (A2100.0 Agr-348S.A.1) SUMMARY: City Council requested Community Services Department to review the Signs of Support agreement through January 25, 2005, giving Signs of Support an opportunity to increase revenue up to 75% of space sold and to review the report and payment schedule to ensure the agreement is fulfilled and adhered to. Discussion Community Services Director, Gary Wann reported that the goal of 75% of space sold by Signs of Support has not been reached. He noted that recently, seven businesses have committed to 18 signs, with a possibility of two additional which would bring the total number of city vehicles displaying these signs to 37. He also circulated pictures of a new type of sign being considered. Councilmember Ambriz circulated pictures of city vehicles with residue after having signs removed. He added that the City must require that the SOS Company remove this residue from city vehicles. He stated that staff time to continue the program has been high and shared some disappointing statistics on the company's performance in the past years. Council discussion ensued regarding their options, noting that the company has not met the conditions placed on it at the November 9, 2004, meeting. PAGE 7 CITY COUNCIL MINUTES January 25, 2005 7. ADMINISTRATIVE REPORTS (Continued) City Attorney David DeBerry advised that the current signs that have been sold must be allowed to remain until the end of the agreement, but if the agreement were to be terminated, SOS should be directed to not enter into any new contracts. Council thanked Community Services for their efforts through this process. MOTION - Ambriz SECOND - Cavecche A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to terminate the contract, effective in 30 days, with Signs of Support since 75% of the useable space has not been sold as required by Council action on November 9, 2004; and staff was directed to notify Signs of Support that SOS is required to clean the residue off the trucks after signs are removed. 8. REPORTS FROM CITY MANAGER 8.1 Verbal report on City's condition and response after the last major rain storm. Public Works Director Harry Thomas and Fire Chief Vince Bonacker each reported that no major problems were encountered with the recent severe weather. Mr. Thomas noted that $5 million in CDBG funding had been spent in the past 10 years on the storm drain system which has been a major factor in addressing these issues. City Manager stated the City of Orange staff is well prepared to respond in an emergency if needed. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO 1-05 (SECOND READING) (A2S00.0 Ord-1-0S Bingo) An Ordinance of the City Council of the City of Orange Amending Chapter 5.95 of Title 5 of the Orange Municipal Code Regulating Bingo Games. MOTION - Smith SECOND - Dumitru A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved that Ordinance No. 1-05 be read by title only and same was adopted and approved by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 8 I I CITY COUNCIL MINUTES January 25,2005 II. RECESS TO CLOSED SESSION The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): Lynn Tam v. City of Orange, Orange County Superior Court Case No. 78 6949 b. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary Employee Organization: All Bargaining Units d. 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. 7:00 P.M. SESSION 12. PUBLIC COMMENTS The following people spoke on the proposed East Orange development: Karl Greenblatt, 29206 Hazel Bell Drive, Silverado Canyon Ed Amador, Canyon Lands Preservation, P. O. Box 623, Silverado Canyon Charlotte Samuels, 973 S. Dylan Way, Anaheim Hills Kathleen Sage, 8215 White Oak Ridge #111, Orange Christopher Koontz, 18962 Fowler, Orange Mayor pro tern Cavecche suggested staff provide a tentative plan and schedule for study sessions and meetings on the proposed East Orange development. There are a lot of issues that need public input and she wanted to ensure that public participation is included in the Study Sessions and that citizens are provided ample opportunity for input. Tom Moore, 209 Calle AHa, suggested an ordinance or procedure to ensure that building permits not be issued to a homeowner, living in a homeowner's association, unless the association has approved the project. PAGE 9 CITY COUNCIL MINUTES January 25,2005 13. PUBLIC HEARINGS 13.1 APPEAL NO. 498 - TENTATIVE PARCEL MAP NO. 2004-226, VARIANCE NO. 2127-03, DESIGN REVIEW COMMITTEE NO. 3945-04 - GAMALIEL VASQUEZ (A4000.0 APP-498) Time set for public hearing to consider an Appeal of the Planning Commission's decision to deny a proposal which would have allowed the consolidation of six parcels (remnant parcels left from the widening of the State Route 55 Freeway) to two parcels for development with single family residences. The applicant requested the variance to waive the requirements for minimum lot size, minimum front setback, minimum setback for a garage facing a public street and lot depth. The six parcels are located at the southwest corner of Dana Court and Sacramento Street. Note: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332. Reason for Appeal: "Primary reason for denial can be remedied: 1180 sq. ft. dwelling, off-street parking and 15' setback may be attained. Neighbors desire only a single house erected on site though Ordinance 17.14.050 allows a max. 640 sq. ft. accessory second unit. Commission allows, though it conflicts with CC&Rs which cite a min. size of 1180. This places an undue restriction ou owner. 2-story has been deemed unacceptable, though owner plans to build that if denied. Commission is requiring design review for 2-story not required before, thus approval creates a new restriction, not special privilege. Verbal admonition to a layman on property restrictions is not valid notice. This evidenced by the detailed discussion of experienced individuals on the Planning Commission." Staff Report - Community Development Director Alice Angus highlighted the issues involved in the Planning Commission's decision. She stated the plan creates a substandard second lot; and added that upon purchase, the owner had been told that the consolidation of the six remnant pieces of property were suitable as one lot only. She spelled out each area in which code requirements were not being met as well as the original CC&R's placed on the property. MAYOR MURPHY OPENED THE PUBLIC HEARING Dan Wildish, representing the appellant, stated that due to Caltrans condemnation of the property, it is their opinion that the CC&R's were no longer valid; and that undue restrictions were being placed on the applicant. He acknowledged that the applicant was aware that two lots would be substandard and the intended use of the property was as one lot only. Mayor pro tem Cavecche noted that Staff had denied this project in September 2003. Councilmember Smith clarified that there are two parcels being considered with one unit on each parcel. Aaron Johannsen, representing the appellant, stated for the record that he is not a licensed architect and that he prepared the drawings based on the desires of the appellant. He stated the issues could be addressed and that the appellant has already made numerous changes to comply with the concerns and issues of staff. PAGE 10 I I CITY COUNCIL MINUTES January 25,2005 13. PUBLIC HEARINGS (Continued) The following people spoke in opposition. Their concerns included the fact that other neighbors have been denied similar variances; the proposed houses are too small; and this should be left as one lot. Michael Prater, 249 N. Sacramento Elaine Tu, 259 N. Sacramento Jim Hamilton, 271 N. Sacramento Ellis Marcum, 237 N. Milford Carol Hamilton, 271 N. Sacramento Deanna Baez, 255 N. Sacramento Cecilia Viveros, 2225 E. Dana Andrew Kim, 211 N. Sacramento MAYOR MURPHY CLOSED THE PUBLIC HEARING Council Comments Mayor Murphy stated that setbacks have a purpose which is to create a single-family residence look, especially as they address driveways and front yards, to create a single-family image that the City of Orange looks for. He could not see any special circumstances to warrant a variance and, therefore, could not support the appeal. Councilmember Dumitru cited that with the project being denied at every level along the process and the numerous variances requested, he also could not support the Appeal. Mayor pro tern Cavecche agreed that the numerous variances requested were not acceptable; also noting the irregular shape of the parcel which creates problems. She also pointed out that the applicant had been notified of the potential use of the property prior to it being purchased. Councilmember Smith commended the appeal process for giving applicants a venue to obtain a second opinion, but that she also would be denying the appeal. Council Action - MOTION - Murphy SECOND - Ambriz A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to deny Appeal No. 498. PAGE 11 CITY COUNCIL MINUTES January 25,2005 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT The City Council recessed back to Closed Session at 8: I 0 p.m. The City Council adjourned at 9:40 p.m. The next Regular Council meeting is scheduled for Febmary 8, 2005. ( ;:1 . ((ttc":f ( ( C" ,,( MARY E'MURPHY . .-~-.... CITY CLERK PAGE 12