2/22/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON MARCH 8, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 22, 2005
The City Council of the City of Orange, California convened on February 22, 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 Father Don Romito, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation honoring Rotary International's 100lh Anniversary - presented to Joe
Fortier, Orange Rotary; Kevin Mercer, Orange North Rotary; Oscar Villanueva, Orange
Sunrise Rotary.
Proclamation honoring Rotary International World Understanding Month - presented to
Orange North Rotary Club's past president Kenneth Caplin.
Announcement - The City Council will adjourn in memory of Don Scott, long time
resident of Orange and former City employee and Planning Commissioner.
2.
PUBLIC COMMENTS
Jim Owens, 163 S. Cypress, presented a petition with over 1,000 signatures requesting
the City of Orange establish Quiet Zones at Railroad Crossings in Orange by installing
safety approved enhancements of median islands and/or quadruple gates, serving to
eliminate routine sounding of train horns at all public railroad crossings in the City.
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CITY COUNCIL MINUTES
February 22, 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 February 22, 2005 at Orange Civic Center kiosk,
Police facility at 1107 North Batavia, and 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 February 3 and 10, 2005.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, February 8, 2005.
(C2500.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 January 31, 2005.
(C2500.F)
ACTION:
Approved.
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February 22, 2005
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6
Award of Professional Engineering Services Agreement for Orange-Olive Road and
Heim Avenue Improvements (SP-3377). (A2100.0 Agr-4634)
SUMMARY: This agreement authorizes the Consultant, Merit Civil Engineering, Inc., to
provide field surveying, geotechnical report, and preparation of plans, specifications, cost
estimates and right-of-way documents for the proposed improvements on Orange-Olive
Road and Heim Avenue.
ACTION: Approved an agreement with Merit Civil Engineering, Inc., in an amount not
to exceed $73,240.00 and authorized the Mayor and the City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program FY 04-05
and available in the following accounts:
550-5032-483100-6193 $ 408,902
272-5032-483100-6193 $ 60,000
Measure M Orange-Olive and Heim Signal
Gas Tax Orange-Olive and Heim Signal
3.7 Agreement for the transfer of ownership of the Police Service Dog, Fargo, currently
assigned to the Police Department's Canine Team, from the City of Orange to
retired Canine Officer Serena Cryar. (A2100.0 Agr-4635)
SUMMARY: Before her retirement, Canine Officer Serena Cryar was assigned to the
Police Department's Canine Team for the past four years with Fargo as her canine
partner. Fargo has not been in service for over one year due to injury to his handler and
retraining at this time is problematic and costly, especially with a new handler. As Fargo
has lived with the Cryar family for the past four years while Ms. Cryar has been the dog's
handler, it is the Police Department's recommendation that his ownership be transferred
from the City of Orange to retired Officer Serena Cryar.
ACTION: Approved the agreement transferring ownership of Fargo to Serena Cryar.
FISCAL IMP ACT: There will be no fiscal impact to the General Fund.
(REMOVED AND HEARD SEPARATELY)
3.8 Ball Field Maintenance and Program Services Agreement between the City of
Orange and Major League Softball, Inc., for the administration of the City's adult
softball program, the maintenance of certain City-owned and/or operated ball fields,
and the use of the Old Garage at Hart Park. (A2100.0 Agr-3473.A)
SUMMARY: Approval of the Ball Field Maintenance and Program Services Aj,'1'eement
between the City and Major League Softball, Inc. (MLS) will clearly establish in a single
document the continuing relationship between the City and MLS with respect to the
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February 22,2005
3. CONSENT CALENDAR (Continued)
administration of the City's adult softball program, the maintenance of certain City-
owned and/or operated ball fields, and the use of the Old Garage at Hart Park by MLS as
an administrative office.
Discussion
In response to Council questions, Bonnie Hagan, Recreation Supervisor, reported the
term of the agreement is five years and is inclusive of three former contracts, noting that
utilizing Major League Softball to administer the softball program is a better and more
economical way to provide services. She reviewed some of the groups other than Adult
Softball who utilize fields, noting there is no other major user such as this; stated the
residency rate in Orange for softball leagues is standard for this type of league; and that
there has not been any conflicts for allocation of field use.
Mayor pro tem Cavecche expressed an interest in knowing if softball is dropping in
numbers.
Councilmember Ambriz asked for a continuance of this item in order to further discuss
the contract with staff.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue this item to March 8, 2005.
ACTION: Approve the Ball Field Maintenance and Program Services Agreement with
Major League Softball, Inc. and authorize the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: It is estimated that the City will receive approximately $50,000 in
annual general fund revenue through this agreement.
APPROPRIATION
3.9 Appropriation Transfer of Air Quality Management District Grant Funds
(C2500.N)
SUMMARY: Air Quality Management District (AQMD) funds were allocated to the
Santiago Creek Biketrail project in FY 2000-2001. This project is completed, however,
there remains unspent AQMD funds in the amount of $58,197. Because AQMD
guidelines require that these funds be spent by June 30, 2005, it is requested that these
funds be transferred to alternate projects where the funds can be spent prior to the AQMD
deadline.
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February 22,2005
3.
CONSENT CALENDAR (Continued)
ACTION: Transferred $46,565 from 245-5011-486700-6099 (Santiago Creek Biketrail-
City limits to Tustin Avenue) to 245-7021-485100-6102 (Santiago Creek Biketrail
Bridge); and, transferred $11,632.47 from 245-5011-486700-6099 (Santiago Creek
Biketrail - City limits to Tustin Avenue) to 245-5032-483100-6097 (Traffic Signal
Synchronization Project).
FISCAL IMP ACT: After the appropriation transfer, funds will exist in the following
accounts where they can be utilized for AQMD approved projects before the spending
deadline:
245-7021-485100-6102 (Santiago Creek Biketrail Bridge)
245-5032-483100-6097 ( Traffic Signal Synchronization Project)
Total:
$46,565
$11.632
$58,197
3.10 CLAIMS (C3200.0)
SUMMARY: The following c1aim(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
c1aim(s) be denied.
a. Derek Taguchi
b. Michele Insko
c. Sarah Yu
d. Duane Morse
e. Linda Marie Gionet
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
RESOLUTIONS
3.11
RESOLUTION NO. 9942 (A4000.0 APP-498)
A Resolution of the City Council of the City of Orange denying Tentative Parcel Map
No. 2004-226, Design Review Committee No. 3935-04, and Variance No. 2127-04
seeking a variance from the code for lot area, lot depth, front yard setback, and garage
setback for the proposed development of two single-family homes on two (2)
substandard parcels created from six (6) remnant parcels located at 2220 East Dana
Avenue, and 226, 230, 236, 242, 246 North Sacramento Street.
Applicant: Gamaliel Vasquez
ACTION: Approved Resolution No. 9942.
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February 22, 2005
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.8 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1 Consider creation of Alternate position on Community Development Block Grant
(CDBG) Committee; and appointment of that position. (OR1800.0.8.3)
Mayor Murphy suggested, and the Council concurred, the parameters of the Alternate position
on the CDBG Committee be that the alternate member participate in all meetings so they are able
to vote if needed.
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to create the position of Alternate Committee Member on the Community Development
Block Grant Committee.
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Antonia Castro as the Alternate Committee Member to the Community
Development Block Grant Committee, term to expire June 30, 2007.
TAPE 740
4.2 Appointment to the City of Orange Planning Commission. (C2500.G.2.1)
Mayor pro tem Cavecche stated she was pleased to bring forward the recommendation ofMr. Oz
Enderby for appointment to the Planning Commission.
Councilmember Smith expressed her support for this recommendation, stating that Mr. Enderby
is very active in the community.
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4. REPORTS FROM MAYOR MURPHY (Continued)
Councilmember Ambriz stated that in the future he would like to have the appointee's
application and background information prior to voting on the appointment; and therefore, would
be abstaining on this vote.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
ABST AIN- Ambriz
Moved to appoint Oz Enderby to the Planning Commission to fill the unexpired term of
Councilmember Teresa Smith; term to expire June 30, 2008.
4.3 Appointment to the City Traffic Commission. (OR1800.0.19)
MOTION - Murphy
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to re-appoint Jim Beil, Nick Lall and Frank Petronella to the City Traffic Commission,
terms to expire June 30, 2008; and appoint Jim Pyne to the City Traffic Commission, term to
expire June 30, 2007.
The Council acknowledged the two Traffic Commissioners who were not reappointed - Frank
Sciarra and Joe Fortier, and suggested Resolutions be drafted formally acknowledging their
servIce.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Dumitru - Report on Crime Victim's Bill of Rights. (C2500.D)
Councilmember Dumitru reported on the development of a Victim's Bill of Rights that has been
crafted by the Victim's Services Partnership, comprised of 40 agencies and groups looking to
empower victims to receive assistance in dealing with the crime that has been committed against
them. He stated that several other cities in Orange County have adopted resolutions in support;
and asked that Council state their agreement with the program in the form of a letter of support
for the concept, helping persons transition from victim to victor.
Assemblyman Todd Spitzer explained that the Victim's Bill of Rights provides information to
crime victims on their rights to assist them through recovery from a criminal act and to support
and facilitate them as their cases proceed through the criminal justice process; and reiterated the
request for support, in concept, from the Council. He introduced Ms. Deborah Courtney and Ms.
Patricia Wenskunas who related their experiences as victims of violent crimes.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Council expressed their support for the concept of empowering victims, but expressed concern
on some of the mechanics of the program and adopting a Resolution with specific language at
this time; and suggested the process be closely monitored.
Staff was directed to draft a letter in support of this concept for signature by all Councilmembers.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney - Covenants, Conditions and Restrictions Agreement to
hold property as one parcel for building requirements between the City of Orange and
Hamilton Family Partnership et al. (A2100.0 Agr-4636)
SUMMARY: The City was approached by Hamilton Materials representatives concerning its
efforts to construct storage silos as part of its drywall manufacturing business located at 345
West Meats Avenue. Hamilton Materials is located on three separate parcels owned by three
different Hamilton entities. The lot tie agreement would permit Hamilton Materials to treat the
parcels as one single parcel for purposes of the proposed development and specified City zoning
regulations.
Discussion - City Attorney, David DeBerry explained that the agreement is needed to join three
parcels to be treated as one parcel which would allow the placement of silos at the facility. The
silos are closer to the lot line than allowed by code, and exceeds the floor area ratio for one
parcel. He indicated that no hardships are being caused to any adjoining parcels because the
silos are on the interior of the property. He added that the tied parcels could not be sold,
transferred or assigned except as a single unit.
Councilmember Smith asked about any adjoining properties or constituents that needed
notification of the planned project. She also requested clarification that the Council's action
would approve the placement of the silos and the Zoning Administrator would look at the
construction of the silos.
Community Development Director, Alice Angus explained that the project involves a variance
for the change in condition-allowing a lot tie rather than a lot line adjustment or parcel map
action. The Zoning Administrator will hold a public hearing on this, requiring notice to the
adjoining property owners.
Mayor pro tem Cavecche asked about the number of silos on the site at present. She expressed
her concern at the sight of an 88 foot, or seven-story-high, silo.
Mr. Jeff Walls, I City Blvd., Orange, representing the applicant, indicated that at present there
are no silos on the property.
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7. ADMINISTRATIVE REPORTS (Continued)
Ms. Angus added that although the lot tie agreement does away with the need for a variance, the
variance was still going to be processed based on the height of the silos and the location to the
property line. She added that the City is looking to protect the adjoining property owners from
having a large silo overlooking their property, but that the silos are deep enough in the Hamilton
parcels to not intrude on the neighboring parcels. She clarified that since the silos are 88 feet
high the required setback would be 88 feet; however, this project places the silos at
approximately 150 feet from the property lines.
Councilmember Smith cautioned the public to be vigilant on this item and requested the Zoning
Administrator's public hearing be noticed; and suggested the public could use the appeal process
if necessary.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the Covenants, Conditions and Restrictions Agreement with Hamilton Family
Partnership, et al., and authorized the Mayor and the City Clerk to execute.
7.2 Report from Community Development Director - Appointment of General Plan
Advisory Committee members representing the Chamber of Commerce and a replacement
for a previously appointed member who is unable to serve. (OR1800.0.8.10)
SUMMARY: On February 8, 2005 the City Council established the General Plan Advisory
Committee (GP AC) and its membership. At that time, the Council directed staff to work with
the Chamber of Commerce to identify a representative of the business community and return to
the Council with that name for formal appointment. In addition to the appointment of a Chamber
of Commerce representative, since the establishment of the GP AC, one individual has indicated
that he is unable to serve on the Committee. Therefore, appointment of a replacement is needed.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche
NOES - Ambriz, Dumitru
Moved to appoint Karie Najemnick, as the Chamber of Commerce representative, to the General
Plan Advisory Committee.
Councilmember Dumitru stated he had hoped for a representative that was an Orange resident, as
well as a business owner.
Councilmember Ambriz stated that the business representative should have been chosen from the
original list of qualified applicants.
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Jim Obermayer to the General Plan Advisory Committee to replace Mil
Thornton who is unable to fulfill his appointment.
Council directed staff to invite the alternate members of the GPAC, Bob Hitchcock, Janine
Ingram, and Laura Thomas, to the Committee's first bus tour so an alternate member would be
ready to step in should someone on the Committee be unable to serve out their term on the
Committee.
8. REPORTS FROM CITY MANAGER
City Manager, David Rudat gave a brief report on the water running through Santiago Creek and
what is being released from Villa Park Dam as a result of the recent rain storms. With the need
to release the water, Hart Park is closed at the present time for safety issues. He reported that
Irvine Lake is full, as well as the Bond pits. All rain water running into the creeks off of hard
roads and Villa Park Dam is going directly down Santiago Creek to the Santa Ana River. He
alerted that the creek is currently a dangerous place to be with the swift-flowing water.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO.3-OS (SECOND READING) (C2500.P ORD-3-05 Water Rates)
An Ordinance of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges to adopt new Water Rates.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 3-05 be read by title only and same was, regretfully, adopted and
approved by the preceding vote.
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9. LEGAL AFFAIRS (Continued)
9.2 EXTENSION OF URGENCY ORDINANCE - PROHIBITION OF THE
ESTABLISHMENT OF NEW MASSAGE BUSINESSES. (A2500.0 ORD-5-05 Massage)
Time set for hearing to consider an Urgency Measure extending the Prohibition on the
Establishment of New Massage Businesses.
Discussion ~ City Attorney, David DeBerry reported that state law allows an urgency ordinance
to be extended twice. He indicated that a working draft of the City's massage establishment
policy has been prepared. This will be sent to massage businesses and after obtaining their input,
a final recommendation will be brought to Council at the first meeting in April.
Council wanted to ensure that the extension of 90 days was adequate to do the appropriate
noticing and holding of the public hearing to adopt the ordinance.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Julie Weich, 190 S. James St., spoke in favor of extending the ordinance and urged Council to
add the requirement of having applied to take the National Certification Exam to obtain a
temporary permit.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
ORDINANCE NO 05-05 (URGENCY MEASURE)
An Urgency Measure of the City Council of the City of Orange Extending the Prohibition on the
Establishment of New Massage Businesses.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 5-05 be read by title only and same was adopted as an Urgency
Ordinance by the preceding vote.
10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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1 I. RECESS TO CLOSED SESSION
The City Council recessed at 6: I 0 p.m. to a Closed Session for the following purposes:
a. 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
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.
12. ADJOURNMENT
The City Council adjourned at 7:35 p.m. in memory of Don Scott, former City employee and
Planning Commissioner.
There was no 7:00 p.m. Session. The next Regular Council meeting is seheduled for March 8,
2005.
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CITY CLERK --.. .-
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