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HomeMy WebLinkAbout02-09-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 23, 2010 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 9, 2010 The City Council of the City of Orange, California convened on February 9, 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 Nora Jacob, Executive Director Orange Public Library Foundation 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by Poseidon Resources on the proposed Huntington Beach Seawater Desalination Facility. Council will adjourn in memory of Anita Freedman, retired Orange teacher and long time member of the Orange Community Historical Society.2. PUBLIC COMMENTS -None PaaP 1 CITY COUNCIL MINUTES 3. 3.1 3.2 3.3 3.4 3.5 CONSENT CALENDAR February 9, 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. Confirmation of warrant registers dated January 21 and 28, 2010. ACTION: Approved. City Council Minutes, Regular Meeting January 26, 2010. (C2500.D.4) ACTION: Approved. Waive reading in full of all ordinances on the Agenda. ACTION: Approved. Audited Financial Statements and Related Financial Reports for the Fiscal Year ended June 30, 2009. (C2500.J.1.3) ACTION: Received and filed. AGREEMENTS Award of Professional Services Agreement for the City's Collection Agency Services with Southwest Collection Services, Inc. (A2100.0 Agr-2302. B)ACTION: Approved the agreement with Southwest Collection Services, Inc. and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.PAGE CITY COUNCIL MINUTES February 9, 2010 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 3.6 Fifteenth Amendment to the Information Technology Services Agreement with ACS, Inc. to extend the agreement for an additional 8 months. (A2100.0 Agr- 0978.C.15) NOTE: Councilmember Murphy recorded an abstention vote on this item due to a potential conflict of interest due to employment; and left the dais. Discussion -Deputy City Manager Rick Otto, responding to questions from Council, stated that the request for the agreement extension stems from budget challenges, staffing shortages, and recent work required to transition to new vendors for waste hauling and the City's financial management services. He also noted that a new contract would probably be no less than 5 years with possible extensions. Council discussed the pros and cons of the extension; costs for a consultant to assist with the RFP process; and timeframe for the bidding process. Mayor pro tem Smith spoke in favor of the extension since the current contractor has agreed to maintain the current price at a reduced level during the 8 month extension; additional consultant fees for an RFP could run as much as $40,000; and the impact to staff during the current budget constraints. Mayor Cavecche noted that she has been very vocal about putting this contract out to bid, but because of the budget concerns, she would be willing to support an extension at this time. Councilmember Bilodeau suggested staff look into whether a fee can be collected from vendors for the procurement process, and suggested that if an extension is needed during the RFP process, staff can come back to Council for an extension at that time.. Councilmember Dumitru stated that there may be even more savings by not delaying any further, and going out to bid and letting the market dictate the costs; that sometimes it is necessary to invest money to save even more in the future. MOTION Cavecche SECOND Dumitru AYES Cavecche, Dumitru, Bilodeau NOES Smith ABSTAIN ( RECUSED) -Murphy ACTION: Moved to take no action on this item.PAGE 3 CITY COUNCIL MINUTES February 9, 2010 3. CONSENT CALENDAR (Continued) BIDS 3.7 Bid No. 090-26; CDBG Project - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2009-10. Approval of plans and specifications, and request for authorization to advertise for bids.54000.5.3. 2)ACTION: Approved plans and specifications and authorized advertising for bids for the CDBG ADA Wheelchair Access Ramps at Various Locations, Fiscal Year 2009-10.3.8 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 Application to Present a Late Claim and the claim(s) be denied.1. Deny the following Application to Present a Late Claim:a. TheHartford - subrogee of North- South Machinery 2. Deny the following Claims for Damages:b. Joseph Gabrill -Incidents between6/5/2009 and1/ 4/2010 c. Lan Le d. James Stovall e. Francisco Velasquez ACTION: Denied the Application to Present a Late Claim and the Claim( s) for Damages and referred to City Attorney and Adjuster.CONTRACTS REMOVED AND HEARDSEPARATELY)3.9 Contract Change Order No. 2 and Final; Bid No. 089-13; Taft Avenue and Main Street Sidewalk Improvements. ( A2100.0 Agr-5398)In response to questions from Councilmember Bilodeau, staff clarified the Change Order process. MOTION -Bilodeau SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved Contract Change Order No. 2 and Final intheamount of 40,842.30 toBelaire-West CITY COUNCIL MINUTES February 9, 2010 3. CONSENT CALENDAR (Continued) MOTION -Smith SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy recorded an abstention vote on Item 3.6. Items 3.6 and 3.9 were removed and heard separately. No action was taken on Item 3.6. All other items on the Consent Calendar 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 6.1 Accept letter of resignation from Doug Westfall from the Orange Public Library Board of Trustees. (C2500.L2) MOTION -Cavecche SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to accept resignation of Doug Westfall from the Orange Public Library Board of Trustees. 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. (Continued from January 12, 2010) (OC1300.G.1) NOTE: Staff requested this item be removed from the agenda and continued to no date certain. MOTION -Cavecche SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to February 23, 2010. PAGE 5 CITY COUNCIL MINUTES February 9, 2010 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report on Zoning Alternatives for Massage Establishments as requested by the City Council. (A2500.0) MOTION -Smith SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to direct staff to zone massage establishments as personal service businesses; to be taken through the approval process and return to Council for final approval. 7.3 Report on Support for Orange County Sanitation District Federal Funding Request. (OC1300.G.5) Councilmember Dumitru reported the Orange County Sanitation District had asked individual Board Members to send letters of support; but as the City's representative to the Board, he thought it was important enough to ask the entire Council to sign the letters of support. MOTION -Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) approve support for two Orange County Sanitation District projects; and 2) authorize preparation of letters of support. 8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS 9.1 ORDINANCE N0.3-10 (FIRST READING) (A2500.0 Ord-03-10)An Ordinance of the City Council of the City of OrangeAmending Chapter 9.10 of the Orange Municipal Code by addingSection 9.10.045 Regulating Registered Sex Offenders Conduct on Halloween.Discussion -Councilmember Dumitru brought this forward to strengthen the existing Sex Offender Ordinance and make Orange one of the strongest cities in the State in dealing with registered sex offenders.MOTION - Dumitru SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 3-10 be read by title only and same was set for second reading by the CITY COUNCIL MINUTES 10. PUBLIC HEARINGS February 9, 2010 10.1 WATER WAREHOUSE RENOVATION AND WATER WELL 27 CONSTRUCTION PROJECT -CITY CAPITAL IMPROVEMENT PROJECT NO. 8935 AND 8119; ZONE CHANGE 1253-09, SITE PLAN REVIEW TRACKING NO.0593-09, LOT LINE ADJUSTMENT 2009-01, AND MITIGATED NEGATIVE DECLARATION NO. 1816-09 LOCATED AT 145 /189 S. WATER STREET. (C2500.P)Time set for public hearing to consider a request to renovate the existing vacant Water Warehouse building located at 145 S. Water Street to accommodate warehouse, offices and water laboratory.MAYOR CAVECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.Mayor pro tem Smith wanted to ensure that construction workers were respectful of the neighbors and not startingwork prior to 7:00 a.m.Council Action:ORDINANCE N0.2-10 (FIRST READING)An Ordinance of the City Council of the City of Orange approving the reclassification of City owned property from R-1-6 (Single Family Residential) to PI (Public Institution) -located at 145 South Water Street. Applicant: City of Orange / Zone Change 1253-09 MOTION -Cavecche SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 2-10 be read by title only and same was set for second reading by the previous vote.RESOLUTION NO. 10427 A Resolution of the City Council of the City of Orange adopting and approving Mitigated Negative Declaration No. 1816-09 and Site Plan Review No. 0593-09, for the renovation of the Water Warehouse and Construction of a City Water Well and Support Facilities located at 145 South Water Street.Applicant: City of Orange MOTION -Cavecche SECOND -Bilodeau AYES - Smith, Murphy, CITY COUNCIL MINUTES February 9, 2010 10. PUBLIC HEARINGS (Continued) RESOLUTION NO. 10428 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment 2009- 01 adjusting Lot Lines between certain real properties located at 145 and 189 South Water Street (The City of Orange Water Yard) in the City of Orange, County of Orange, State of California. MOTION -Cavecche SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10428. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. 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 -Anticipated Litigation-Significant exposure to litigation pursuant to California Government Code Section 54956.9( b).1) Two potential cases.b. Conference with Labor Negotiator pursuant to Government Code Section54957. 6:City Negotiators: City Manager John Sibley Deputy City Manager Rick Otto Human Resources/Employee Relations Director Steven Pham 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 PUBLIC COMMENTS February 9, 2010 James Potter, address on file, spoke about the conditional use process for property on Katella. 13. PUBLIC HEARINGS 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. (Continued from January 26, 2010) ( C2300.E GPA-2009-0001)The public hearing to consider a Comprehensive General Plan Update which represents acomplete update 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 was continued to this time from January 26, 2010.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.THE PUBLIC HEARING REMAINED OPEN Focus Area 4 Uptown Orange /The Block Discussion -Community Development Director Alice Angus stated that the Urban Mixed Use designation allows for flexibility with stand alone housing, stand alone commercial, stand alone office, or a combination of those uses. She added that the Urban Mixed Use zoning designation would replace some of the current land use overlay areas; and that the reason for the proposed UrbanMixed Use designation was the area's proximity to transit opportunities and existing services as required by SB 375 to meet the need for high density housing.Council discussed the effects of the proposed designation on various parcels around The Block,and discussed the possibilities with other designations.Principal Planner Anna Pehoushek, responding to questions from Council, stated that the northeast area between Rampart and Chapman is affected by an overlay zone that would allow for residential development. She stated that an Urban Office Professional designation is proposed for the St. Joseph Medical Center. An overlay that allows for residential development to 60 units per acre is currently in place for the CITY COUNCIL MINUTES February 9, 2010 13. PUBLIC HEARINGS (Continued) Urban Mixed Use Designation at The Block and surroundin ag reas Majority of Council agreed with Planning Commission recommendation of Urban Mixed Use at The Block, along with property to the south and property at 3101 W. Chapman Avenue. The Council was not in favor of the Urban Mixed Use designation proposed for the Park Royale Mobile Home Park or the parcels south of Chapman and east of I-5, where the preference was to leave the existing land use designations in place.Councilmembers Bilodeau and Dumitru were not in favor of an Urban Mixed Use designation at The Block.Focus Area 5 -Old Towne Speakers - Sue Vaurs, representing Old Towne Preservation Association; Jeff Frankel, agreed with a lower density, that a .6 FAR was too high for the spoke streets Leason Pomeroy. Tlicrnccinn _ Council discussed whether to lower the proposed FAR and changing designations for the Plaza spoke streets which could result in the creation ofnon-conformity for certain parcels.Mayor Cavecche spoke in favor of lowering the recommended FAR from .6 to possibly a range of .35 to .5 on the spoke streets in order to preserve or be more in line with what is on the ground.Councilmembers Bilodeau and Murphy expressed concern about the potential of creating additional legal non-conforming uses if the FAR were lowered.Councilmember Dumitru expressed concern that lowering the FAR could have a negative impact in the value of the properties being affected that were purchased for investment opportunities; that he did not want to take rights away from property owners.Mayor pro tem Smith stated that some legal non-conforming uses should be expected given the age of the development in this area; and supported the idea of lowering the FAR from .6. She explained that downzoning, and keeping historic homes historic, may actually retain more value for the area; that not preserving an historic district could be considered taking rights away from property owners; that additional houses up to 640 square feet can still be added to some single family properties; and that she wants the FAR to reflect what is currently on the ground.In response to questions from Councilmember Dumitru, City Attorney David DeBerry explained that it is possible for a rezoning or decrease in FAR to potentially diminish a property owner's right to develop property; however it wouldn't interfere with the existing use;and the current use would become legal non-conforming in perpetuity, unless the use was discontinued. He also cautioned against spot zoning which CITY COUNCIL MINUTES February 9, 2010 13. PUBLIC HEARINGS (Continued) Establish a third Old Towne Mixed Use desi nation Council agreed with this Planning Commission recommendation. Establish a 0.6 FAR for the third Old Towne Mixed Use designation for the spoke streets Majority of Council agreed with this Planning Commission recommendation. Mayor Cavecche and Mayor pro tem Smith preferred a lower FAR of possibly .35 to .5 Plaza Area Council agreed with Planning Commission recommendation of Old Towne Mixed Use for the Downtown core, excluding the spoke streets. Orange Public Library and Royer Building Council agreed with Planning recommendation for a Public Institution designation for the Library; but an Old Towne Mixed Use for the Royer building. St. John's Lutheran Church and School area Council agreed with Planning Commission recommendation of Public Facilities and Institutions. Immanuel Lutheran Church and School area Council agreed with Planning Commission recommendation of Public Facilities and Institutions. Areas on the south side of Almond between Center Street and rear property line of parcels fronting South Glassell Council agreed with Planning Commission recommendation of Low Density Residential, including the property at 206 S. Center. Areas south of Chapman, east of railroad tracks Council agreed with Planning Commission recommendation for Old Towne Mixed Use, and some Low Density Residential. PAGE 11 CITY COUNCIL MINUTES February 9, 2010 13. PUBLIC HEARINGS (Continued) Areas south of Chapman west of railroad tracks Council agreed with Planning Commission recommendation for Old Towne Mixed Use. Areas west of Olive Street, north of Chapman Council agreed with Planning Commission recommendation of Old Towne Mixed Use, except for property at 210 W. Maple and 124-152 North Olive to be designated Old Towne Mixed Use with higher density.Areas south of Chapman, east of Cypress Council agreed with Planning Commission recommendation of Old Towne Mixed use.Areas north of Chapman and east of the railroad tracks Council agreed with Planning Commission recommendation of Low Density Residential and Old Towne Mixed Use.Areas in the Northwest Quadrant Majority of Council agreed with Planning Commission recommendation of Low Density Residential; and with a request from Chapman University for a Public Facilities designation on Chapman University property.Areas in the Southeast Quadrant Council agreed with Planning Commission recommendation of Low Density Residential with some Low Medium Density Residential.Areas in Southwest Quadrant Council agreed with Planning Commission recommendation of Low Density Residential; but with an Old Towne Mixed use designation for the southwest and southeast corners of Almond and Olive.Pare ~ CITY COUNCIL MINUTES February 9, 2010 13. PUBLIC HEARINGS (Continued) New Old Towne Low Density Residential Desi ng ation Council agreed with the staff option of addressing this issue through an amendment to the Orange Municipal Code that will recognize historic multi family structures; but wanted to see the final proposed language. Focus Area 2 - Katella Corridor Speaker - James Potter wanted to ensure that a Mixed Use designation would allow commercial uses.Focus Area 6 -Industrial Speakers - Rick Hamm clarified uses of property at 515 Cully Drive;Liana Hamm noted that the property at 515 Cully Drive would be best suited for an industrial use, rather than residential.Council agreed with Planning Commission recommendation of Residential on Cully Drive except for the property at 515 Cully and those parcels with frontage on the east and west -sides of Batavia at Cully.Non- Conforming Uses Council suggested a policy of a 24 month time period for residential non-conforming uses;and a policy for non-residential uses to reflect the current code provisions of the Commercial Recreation zone.Urban Design Element Council agreed to include this Element in the General Plan.MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. Council Action:Council directed staff to prepare the necessary Resolutions and an Ordinance and return March 9, 2010at 7:00 p.m. CITY COUNCIL MINUTES February 9, 2010 14.' PLANNING AND ENVIRONMENT -None 15. ADJOURNMENT -The City Council adjourned at 11:20 p.m. in memory of Anita Freedman.The next Regular Council Meeting is scheduled for Tuesday, February 23rd at 4:30p.m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of February 9, 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.G`~, MURP CITY. CLERK L V. CAVEC M YOR PAGE 14