HomeMy WebLinkAbout01-12-2010 Council MinutesAPPROVED BY THE COUNCIL ON JANUARY 26, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 12, 2010
The City Council of the City of Orange, California convened on January 12, 2010, 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 Ric Olsen, The Beacon
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Employee Service.
2. PUBLIC COMMENTS -John
Whiteriver thanked volunteers for efforts in renovating his home.Laurie
Nadeau spoke on the volunteer efforts in renovating the Whiteriver home.Page
1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
January 12, 2010
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 December 3, 10, 17 and 23, 2009.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting December 8, 2009. (CZSOO.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 November 30, 2009. (C2500.F)
ACTION: Received and Filed.
3.5 Investment Oversight Committee's Report, period ending November 30, 2009.
OR1800.0.27.16)
ACTION: Received and Filed.
AGREEMENTS
3.6 Fourth Amendment to Agreement No. 4904 with Rengel + Company Architects
for additional scope of work items for engineering and architectural evaluations
related to construction change orders and construction delays at the Grijalva Park
at Santiago Creek Gymnasium Sports Center. (A2100.0 Agr-4904.
4)ACTION: Approved the Fourth Amendment to Agreement No. 4904; and
authorized the Mayor and City Clerk to execute the amendment on behalf of the
City.PAGE
CITY COUNCIL MINUTES January 12, 2010
3. CONSENT CALENDAR (Continued)
3.7 Cooperative Agreement with Orange County Water District (OCWD) for
acquisition of easements for the construction of the Santiago Creek Bike Trail
North Project and approval of plans and specifications and request authorization
to advertise for bids for the Santiago Creek Bike Trail North Project- Hewes
Street: from Bond Avenue to Santiago Canyon Road (Bid No. 090-22;
SP-3683).A2100.
0 Agr-5521)ACTION: 1) Based upon a review of the Addendum to
Mitigated Negative Declaration No. 1819-09, found and determined that there is no need for
the preparation of a subsequent negative declaration or environmental impact
report and adopt said Addendum; and 2) Approved the Cooperative Agreement
with the Orange County Water District for the Santiago Creek Bike Trail North
Project and authorized the Mayor to execute, and the City Clerk to attest on behalf of the
City; and 3) Approved plans and specifications and authorize advertising for bids
for Santiago Creek Bike Trail North Project -Hewes Street: from Bond Avenue
toSantiago Canyon Road.3.8 Amendment No. 3 to Consultant Services Agreement
No. 5330 with Frank Radmacher Associates, Inc. for additionalLandscape
Architectural Services 1'or Santiago Creek BikeTail North Project. (
A2100.0 Agr-5330.3)ACTION: Approved Amendment No. 3 to
the existing Frank Radmacher Associates,Inc., Consultant Services Agreement and increase thecontract amount
by $5,000.00 and authorized the Mayor and City Clerk to execute the Amendment
onbehalf of the City.3.9 Fifth Amendment to the Consultant Services
Agreement with Joseph C. Truxaw Associates Inc., for professional
landsurveying easement verificationservices.
A2100.0 Agr-2486.B.5)ACTION: Approved a Fifth Amendment
to the Consultant Services Agreement for easement verificationsin the amount of $15,300.
00 to Joseph C. Truxaw and Associates Inc., Orange, CA,
for professional land surveying easement verification services and authorized the Mayor and the City Clerk to
execute on behalf of the City.3.10 First Amendment to Agreement with the
law firm of Palmieri, Tyler, Wiener,Wilhelm & Waldron, LLP, increasing the not to
exceed amount from $30,000 to 100,000, to provide legal services
in condemnationmatters. (
A2100.0 Agr-2794.G.1)ACTION: Approved a First Amendment
to the Attorney Services Agreement with Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP,
and authorized the Mayor and the City Clerk to
executeon behalf
CITY COUNCIL MINUTES January 12, 2010
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 090-23; Approval of plans and specifications, and request authorization
to advertise for bids for construction of Storm Drain Improvements in
Chapman Avenue at Crawford Canyon Road/Cannon Street Project. (C2500.M.
17)ACTION: 1) Approved plans and specifications and authorized advertising for bids
for construction of Storm Drain Improvements in Chapman Avenue at Crawford
Canyon Road/Cannon Street Project; and 2) Appropriated $250,000 from Fund 285 (TSIP
Area C) to Account 285.5032.56100.
16007.3.12 CLAIMS (C3200.
0)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. Mercury Insurance Group -Jose
Espinoza b. Jill
Beynon ACTION: Denied Claim(s) for damages and refer to City Attorney and
Adjuster.
CONTRACTS 3.13 Award of Contract to KZC Inc. for Bid No. 090-13; Construction of
Sewer Line Replacement at Various Locations Project. (A2100.
0 Agr-5522)ACTION: 1) Accepted TTS Engineering, Inc.'s request to withdraw its
bid; and 2)Awarded the contract in theamountof $370,500.00 to the second
low bidder, KZC,Inc. and, authorize the Mayor and City Clerk to execute the
necessary documents on behalf
ofthe City.3.14 Award of Contract for Bid No. 090-15; Construction of
Fire Station No. 4 Apparatus Bay Expansion and MinorTenant
Improvements
Project. (AZ100.0 Agr-5523)ACTION: Awarded the contract inthe amount of $516,108.
00 to W. L. Butler Construction, Inc. and, authorized the Mayor and City
Clerk to execute the necessary documents
on behalf
CITY COUNCIL MINUTES January 12, 2010
3. CONSENT CALENDAR (Continued)
3.15 Final Acceptance of Bid No. 090-05; SP-3685; Glassell
Street Rehabilitation Project -Contractor R.J. Noble Company (No staff
reuortrequired).A2100.
0 Agr-5470)ACTION: Accepted public work improvements, authorize
release Travelers Casualty and Surety Company of America, Bond No. 105294000 in the amountof $
378,
828.98.PURCHASES 3.16 Award of Bid No. 089-26 to LN Curtis & Sons for the purchase of
a portion of the Fire Ladder Truck Equipment needed for the
recently purchased Ladder Truck inthe amount of $48,675 and authorization for
Purchasing Officer to purchase additional Ladder Truck Equipment from Allstar
Fire Equipment and
other vendors. (C2500.H)ACTION: 1) Authorized the purchase of Fire Pumper
equipment from LN Curtis &Sons inthe amount of $48,675; and 2) Authorized the
Purchasing Officer to dispense with the competitive bidding procedures and requirements
of the Orange Municipal Code for the purchase of materials, supplies or equipment
and purchase (i) additional components needed from the second lowest bidder, Allstar
Fire Equipment, in the amount of $2,057; and (ii) the balance of the equipment needed
to outfit a Ladder Truck from whatever vendors the Purchasing Officer can find in
an amount not in
excess of $3,219.3.17 Purchase of Neptune replacement water meters on a sole
source as
needed basis.C2500.P)ACTION: Authorized purchase of Neptune replacement
water meters from Neptune Technology, on an as needed basis, in the amount notto
exceed $109,823.10.3.18 Purchase new Class A Fire Department dress
uniforms from Lighthouse
Uniforms Inc. (C2500.H)ACTION: Authorized purchase of 114 Class A
dress uniforms from Lighthouse Uniforms Inc. inthe
amount of $
CITY COUNCIL MINUTES January 12, 2010
3. CONSENT CALENDAR (Continued)
REMOVE AND HEARD SEPARATELY)
3.19 Purchase of 24 MOBILEVU displays, keyboards, and power cables from L3
Communications for Police vehicles. (C2500.K)
NOTE: Councilmember Murphy recorded an abstention on this item due to a possible
employment conflict; and left the dais.
Discussion -Police Chief Gustafson, in response to questions from Councilmember
Bilodeau, explained that new police vehicles can be shut off throughout the day without
concerns for the battery power.
MOTION -Bilodeau
SECOND -Cavecche
AYES -Smith, Cavecche, Dumitru, Bilodeau
ABSTAIN (RECUSED) -Murphy
Moved to approve the purchase of 24 MOBILEVU displays, keyboards, and power
cables from L3 Communications, Inc. in the amount of $70,086.77.
RESOLUTIONS
3.20 RESOLUTION NO. 10394 (53500.A)
A Resolution of the City Council of the City of Orange Opposing Senate Bill X6 2 (SB
2), a bill singling out on-line travel companies for preferential treatment in the
timely payment of Transient Occupancy
Taxes.ACTION:
Approved.3.21 RESOLUTION NO. 10406 (P1300.0.
4)A Resolution of the City Council of the City of Orange adopting revised
Orange County Taxi Administration Program
Regulations.ACTION:
Approved.3.22 RESOLUTION NO. 10420 (Continued from December 8, 2009) (A2100.0
Agr-5511)A Resolution of the City Council of the City of Orange approving
an Acquisition Agreement for the City of Orange Community Facilities District No. 06-
1 (Del
Rio Public
Improvements).ACTION:
CITY COUNCIL MINUTES January 12, 2UlU
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 10422 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2009-OS adjusting lot lines of certain real properties situated on the south
side of West Chapman Avenue, east of the Santa Ana Freeway and west of the Santa
Ana River, in the City of Orange, County of Orange, State of
California.Owners: ATC Development, LLC & Orange Redevelopment
Agency ACTION:
Approved.TRANSFER OF
FUNDS3.24 Transfer of funding from Account 500.3021.56031.12405 (West Net Boxes
and Zoning Timers Project) to 575.3021.56031.12541 (Pacset Battery/Charger
Project)as alternative funding is needed due to lower than anticipated interest
income which resulted in a shortfall in the fund balance of the Communications
Fund.C2500.
H)ACTION: Authorized a transfer of $4,702 from Account 500.3021.56031.12405 (
West Net Boxes and Zoning Timers) to 575.3021.56031.12541 (Pac SetBattery/
Chargers).MOTION -
Smith SECOND -
Murphy AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Councilmember Murphy abstained on Item3.19. Item3.19 was removed and
heard separately. All other items were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM MAYOR CAVECCHE -
None 5. REPORTS FROM COUNCILMEMBERS -
None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
NonePAC,F
CITY COUNCIL MINUTES January 12, 2010
7. ADMINISTRATIVE REPORTS
7.1 East Orange County Water District's (EOCWD) request for proposal to
consolidate its Wholesale Zone operations with a neighboring public entity.
OC1300.G.1)
RECOMMENDED ACTION:
1) Pursue the consolidation of the EOCWD's Wholesale Zone as part of the team with the
Irvine Ranch Water District (IRWD) and the City of Tustin; or
2) Pursue the consolidation of the EOCWD's Wholesale Zone as part of the team with the
Municipal Water District of Orange County (MWDOC);
and
3) Direct staff to work with the successor agency to the EOCWD's Retail Zone to negotiate
the transfer of approximately 86 water services now served by EOCWD and inside the City
limits to the City's water service area.
NOTE: Staff requested this item be continued to February Stn.
MOTION Dumitru SECOND
Murphy AYES
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to continue to February 9, 2010.8.
REPORTS FROM CITY MANAGER -None 9.
LEGAL AFFAIRS -None PACE
R
CITY COUNCIL MINUTES January 12, 2010
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:00 p.m. for the following purposes:
a. Conference with Legal Counsel -Anticipated Litigation-Significant exposure to
litigation pursuant to California Government Code Section 54956.9(
b).1) One potential
case.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.
6:City Negotiators: HumanResources/Employee Relations Director Steven Pham
and Assistant Human Resources Director Mike
Harary Employee Organizations: All Bargaining
Units 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.PAGE
CITY COUNCIL MINUTES
7:00 P.M. SESSION
12. PUBLIC COMMENTS -None
13. PUBLIC HEARINGS
January 12, 2010
13.1 COMPREHENSIVE GENERAL PLAN UPDATE - GENERAL PLAN AMENDMENT
2009-0001; ENVIRONMENTAL IMPACT REPORT NO. 1815-
09;LEGAL NON-CONFORMING USES ORDINANCE
AMENDMENT -ORDINANCE NO. 12-09; HISTORIC RESOURCES INVENTORY UPDATE. (
C2300.
E GPA-2009-0001)Time set for public hearing to consider a Comprehensive
General Plan Update which represents a completeupdate of the City's 1989 General Plan (
amended 2005), including Land Use, Circulation and Mobility, Growth Management, Natural
Resources, Public Safety, Noise,Cultural Resources (Historic Preservation), Infrastructure,
Urban Design, and Economic Development Elements. Ordinance No. 12-09 adds Sections17.38.030 and
17.38.040 to the Orange Municipal Code relating to uses made nonconforming due
to the General Plan Update and termination of non-conforming uses. Action on thisitem
includes adoption of the
City's updated Historic Resources Inventory.Discussion -Principal Planner Anna Pehoushek
provided the staff report detailing the Planning Commission and staff recommendations to
update the General Plan establishing a vision through 2030. Ms. Pehoushek presented the eight focus
areas of the Land Use Element,as well as the Circulation
Element, and the Growth Management Element.Ms. Pehoushek responded to a question by
Mayor Cavecche on the non-conforming use amendment for the Katella Avenue area,
stating that the current ordinance allows for commercial and industrial uses to transition back
and forth and that the proposed approach takes into account the dynamics anticipated in the
future that may need to transition the industrial designation out of
certain areas based on property owner requests.City Traffic Engineer Amir Farahani responded to
a question by Mayor Cavecche, stating that the different components required to be included in
the Circulation Element, such as the traffic signal synchronization, will be addressed in the
future and amendments
to the General Plan will occur
accordingly.MAYOR
CITY COUNCIL MINUTES January 12, 2010
13. PUBLIC HEARINGS (Continued)
Land Use Focus Area 1, Chapman Avenue/Tustin Street -The
following spoke about the proposed density at 446 S. Tustin, Val Verde Mobile Home Park.
Their comments included -the proposed density is too high and will change the character
of the neighborhood; the height of a proposed development is intrusive into the surrounding
neighborhood; if density is changed, and a new development is built, existing residents
could be displaced; and there were concerns about increased traffic and noise.Cheryl
Hansmann Alan
Dageforde Greg
Davis Phil
Martinez Faith
Rajac Mike
Liskey Rita
Jakel Steve
Sheldon -responded to concerns about a possible development at the site of the Val Verde
Mobile Home Park.Council
Comments -Mayor Cavecche
expressed agreement with the proposed North and South Yorba Overlays at Yorba and
Chapman.In response
to questions by Councilmember Dumitru, Ms. Pehoushek stated that the density for the North
Yorba Overlay has yet to be identified, adding that it would likely support a residential product
for the full spectrum of senior housing needs which would meet the State's definition of
a special needs group for housing.Councilmember Dumitru
questioned whether the school district had participated in the discussion on
the south portion designation where the ROP school is located.Mayor pro
tem Smith stated the school district had taken the project proposed for the excess parcel at
the ROP school back for further study. She stated her support for adopting staff's recommendationwith
the simplified language on the Yorba North and South Commercial Overlay districts.
She further stated support for the 446 S. Tustin Street designation to remain as Low-
Medium Density Residential at this time, as there is an option to consider a General Plan
amendment along with any project that came forward in the future.In
response to questions from Councilmember Murphy, Mr. Searles, representing the owner of the
Chapman Hospital property, indicated that they were in agreement with the staff's recommendation
of a Yorba Overlay designation.Community
Services Director Alice Angus explained the proposed project at the Val Verde Mobile
Home site is an incomplete application at this time, as additional information is still required.
Mayor Cavecche stated her interest in viewing the preliminary plans submitted.PAGE
11
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
Land Use Focus Area 2, Katella Avenue Corridor -Speakers -
James Potter
Peter Whittingham
January 12,
2010 Council Comments -
Mayor Cavecche, speaking
of the area from Batavia Street to Glassell Street, agreed with a proposed designation of
General Commercial with the exception of Carleton Avenue and Manzanita Street.Councilmember
Bilodeau stated
concern with the Urban Mixed Use designation which he does not support as
a viable option.Mayor pro tem
Smith agreed with a Medium Density Residential designation for Glassell Street to California
Street, and General Commercial from Batavia Street to Glassell Street.Mayor Cavecche expressed
a desire to further review both the current and proposed language relating to legal
non-conforming uses, noting that she was leaning towards supporting the current language.
Land Use
Focus Area 3, Main Street/West Chapman Avenue -Speaker -Lois Barke,
spoke on the high density in this area.Council Comments -Council
clarified that the
Planning Commission recommended an Urban Mixed Use designation for the property
at the southwest corner of Main and LaVeta.Councilmember Bilodeau stated his
opposition to changing the designation for Main and LaVeta to Urban Mixed
Use at this time, noting that, if necessary, a General Plan Amendment could be considered in
the future in conjunction with a project.PAC~F 12
CITY COUNCIL MINUTES January 12, 2010
13. PUBLIC HEARINGS (Continued)
Land Use Focus Area 4, West Chapman/Uptown Orange -beakers -
Lois Barke -
noted there is already too much density in this area Barbara Magnusson -
asked that the designation remain for the mobile home park on Rampart Thane Morris -
asked that the designation remain for the mobile home park on Rampart Midge Fleener -
asked that the designation remain for the mobile home park on Rampart Council Comments -
Councilmember Bilodeau did
not support a Mixed Use designation at The Block.Councilmember Dumitru did
not support a Mixed Use designation at The Block or at the Best Buy shopping center.
Mayor pro tem
Smith pointed out that the mobile home park on Rampart and The Block had the same designation.
Land Use Focus
Area 5, Old Towne/Santa Fe Depot -The following spoke about
the proposed designations in Old Towne. Their comments included maintain preservation and density;
and adopt a plan that is consistent with the current density, character and what is
currently on the ground.Cathie Caldwell Mike Stastney Janet
Crenshaw Sue
Vaurs Michael
Ochs Michelle
Carder Laree
Lopez Bob
Hitchcock Doug
Anderson Jeff
Frankel Gary
Zdenek Mark
Kreider Kim
Mann PA(;
F 1'~
CITY COUNCIL MINUTES January 12, 2010
13. PUBLIC HEARINGS (Continued)
Council Comments -Councilmember
Dumitru expressed satisfaction with maintaining the existing General Plan designations;
and did not want any changes that would go against the character of the Historic District.
Mayor
pro tem Smith stated there are currently 13 designations in this area and expressed concern
with the spot zoning that has occurred over the years, suggesting possibly reducing the number
of designations would better suit the zoning needs. She requested larger, more-detailed
maps for the designations and FARs. She stated further that the density needed to fit together,
and asked how the Santa Fe Depot Specific Plan fit in the proposal. She also stated the
need to review some of the industrial designations as possible sites for residential; and explained
what is allowed in R-1 and R-2 designations and how they affect density issues.
She also commented on the under use of the West Chapman area from the Depot to
Batavia.Ms. Pehoushek explained the General Plan establishes the broader land use designations for
the Depot area and the Depot Specific Plan will encompass the more narrowly defined
zoning.Mayor Cavecche spoke favorably on the new third mixed use designation proposed by
the Planning Commission for the spoke streets. She noted she would need better clarification
that the proposed FAR and densities would equate to what is on the ground; and noted
Chapman University had submitted a letter on the Palm street
property.Councilmember Murphy suggested including a graph on the maps showing current
and suggested designations, and net FAR changes, including information on what is currently
on the ground with comparisons to what is
proposed.Land Use Focus Area 6, Industrial Area -
Speaker -Marty Adair -spoke on the need for sidewalks.
Council Comments -Councilmember
Bilodeau stated the residential zoning on Cully Drive is appropriate and he would
support it.Ms.
Pehoushek responded to questions by Council, stating that the three-story height limit is
part of the Light Industrial designation due to its interface with residential areas.
PACE 1b
CITY COUNCIL MINUTES January 12, 2010
13. PUBLIC HEARINGS (Continued)
Land Use Focus Area 7, Lemon Street Corridor -Speaker -
Peter Whittingham -asked for support of the Planning Commission recommendation of
an Industrial designation for property at 341 W. Collins.Council
Comments -Council reviewed
the differences between Industrial uses and Light Industrial uses.City Attorney
David DeBerry clarified that the official action of the Planning Commission is outlined in
their resolution which recommends approval of the Light Industrial designation for areas south
of Brenna Lane, except for an Industrial designation for 341 W. Collins Avenue.Land Use
Focus Area 8, Eckhoff Street/Collins Avenue -Speaker -Lois Barke
Council Comments -Mayor
pro tem Smith
stated this area being on the edge of the Orange/Anaheim boundary and near the Stadium could
be an opportunity for higher density and housing, which could make up for some of the
lower density being proposed for other areas.Mayor Cavecche reported on
a letter received from OCTA regarding the spoke streets Master Plan of Arterial Highway
and that a meeting with OCTA may occur prior to the General Plan adoption.MOTION -Cavecche SECOND -
Dumitru
AYES -Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved to continue the public
hearing to January 26, 2010 at 7:00 p.m.14. PLANNINGAND ENVIRONMENT -None
PACE 15
CITY COUNCIL MINUTES January 12, 2010
15. AB~JOURNMENT -The City Council adjourned at 10:20 p.m.
The next Regular Council Meeting is scheduled for Tuesday, January 26, 2010 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 12, 2010 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.
a
h ~ .MURPHY ~ C L V. CAVEC HE
CITY CLERK AYOR
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