HomeMy WebLinkAbout03-09-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 23, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 9, 2010
The City Council of the City of Orange, California convened on March 9, 2010, at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:3~ P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mark A. Murphy
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of MADD Deuce Awards.
Recognition to the Santiago Canyon College Women's Soccer Team.
The City Council will adjourn in memory of community volunteer Mel Slavick.
2. PUBLIC COMMENTS -Mary
Dargatz -spoke on Yorba Park and the need to preserve park land.PAGE1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
March 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.
3.1 Confirmation of warrant registers dated February 18 and 25, 2010.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting February 23, 2010 and Study Session
Minutes February 23, 2010. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 First Amendment to Consultant Services Agreement No. 5026 with IDS Group, Inc.
for project and construction management services for Fiscal Year 2009-2010 on
the El Camino Real Park Renovation Project. (A2100.0 Agr-5026.
C.1)ACTION: Approved the First Amendment to Agreement No. 5026; and
authorized the Mayor and City Clerk to execute the agreement on behalf of
theCity.3.5 Contract with General Pump Company for the repair and installation of
the pump and bearings for We1126. (A2100.
0 Agr-5536)ACTION: Authorized the repair and installation of the pump and
bearings by General Pump Company in the amountof $46,980.10; and authorized the Mayor
and City Clerk to execute the contract on behalf
of the
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
March 9, 2010
3.6 Agreement with Musco Sports Lighting, Inc. for installation of sports lighting at El
Modena Park baseball field and upgraded on-demand light switching for Hart
Park tennis, volleyball and horseshoe courts. (A2100.0
Agr-5537)ACTION: Approved the Agreement; and authorized the Mayor and City
Clerk to execute the agreement on behalf of
theCity.3.7 Program Services Agreement with Orange Regional Competitive
Aquatics (ORCA),a non-profit public benefit corporation, for the administration
of City aquatic programs. (A2100.
0 Agr-4673.A)ACTION: Approved the Agreement; and authorized the Mayor and
City Clerk to execute the agreement on
behalf
ofthe City.BIDS 3.8 Bid No. 090-28; Approval of plans and
specifications, and request authorization to advertise for bids for the Batavia Street at
Taft Avenue LeftTurnSignalization
project. (54000.5.3.3)ACTION: 1) Approved the City Traffic Commission'
s recommendation to install a protected left-turn traffic signal phasing at the
intersection of Batavia Street and Taft Avenue; and 2) Approved plans and
specifications, and authorized advertising for bids.3.9 Bid No. 090-29; Approval
of specifications, and request authorization to advertise for bids for theTrafficSignal
Equipment Painting project. (54000.5.3.3)ACTION:
Approved specifications; and authorizedadvertising
for bids.3.10 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.
Juan Eduardo Canon b. KasandraM. Canonc.
Los Angeles Engineering - 10/07/09 d. Los
Angeles Engineering - 11/10/09e. LosAngeles
Engineering - 02/03/
10 f. Charles Mackey ACTION: Denied Claim(s) for damages and referred to
City Attorney
CITY COUNCIL MINUTES March 9, 2010
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Rejection of bids and authorization to readvertise for Bid No. 090-23;
Construction of Storm Drain Improvements in Chapman Avenue at Crawford
Canyon Road/Cannon Street project. (C2500.M.
17)ACTION: Rejected all bids received; and authorized re-advertising for
this
project.RESOLUTIONS 3.12 RESOLUTION NO. 10430 (
OT2000.0)A Resolution of the City Council of the City of Orange supporting the
construction and operation of the proposed Huntington Beach Water
Desalination Facility.
ACTION: Approved.3.13 RESOLUTION NO. 10432 (54000.
5.4)A Resolution of the City Council of the City of Orange temporarily closing
sections of public streets for approved
special events.ACTION: 1) Approved Resolution No. 10432; and 2) Approved suspension
of permit parking and closure of municipal parking lots for certain events and dates
occurring in
FY2010-11.3.14 RESOLUTIONNO. 10433 (
C2500.J.4)A Resolution of the City Council of the City of Orange authorizing
the Human Resources Department access to State and Federal Level Criminal
History Information for Employment Purposes and authorizing the Fire Department access to
State and Federal Level Criminal History Information
for Certification
Purposes.ACTION: Approved.3.15 RESOLUTION NO. 10434 (
C2500.I.2)A Resolution of the City Council of the City of Orange
expressing appreciation to Douglas Westfall of the Library Board of Trustees for his 13 years
of dedicated
service.ACTION:
CITY COUNCIL MINUTES March 9, 2010
3. CONSENT CALENDAR (Continued)
3.16 RESOLUTION NO. 10439 (C2500.M.14)
A Resolution of the City Council of the City of Orange finding and determining that the
Public Interest, Convenience and Necessity require the acquisition for public purposes of
property located at 1710 East Chapman Avenue and authorizing the execution of escrow
instructions therefore.
ACTION: Approved Resolution 10439 and authorized/ratified the Mayor and City Clerk
to execute the necessary escrow documents. Purchase price is $2,150,000.00, plus
related escrow costs.
PURCHASES
3.17 Purchase of property at 310-340 S. Main Street for the purpose of street
widening.C2500.M.
16)ACTION: Approved the purchase of property at 310-340 S. Main
Street (Staples Shopping Center) and authorized the Mayor and City Clerk to execute
the necessary escrow and related documents. Purchase price is $234,452.00, plus related
escrow costs.
MOTION -Murphy
SECOND -Smith AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau All items on the Consent Calendar were approved
as recommended.END OF
CONSENT CALENDAR 4. REPORTS FROM
MAYOR CAVECCHE 4.1 City's process for enforcement of the Orange
Municipal Code.originally agendized on November
10, 2009)Mayor Cavecche asked that this item be agendized for furtherdiscussion - to be agendized
April 27,
2010.5. REPORTS FROM
COUNCILMEMBERS Councilmember Bilodeau reported that Planning Commissioner Merino was returning home
after a six-
month deployment.6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS -None
CITY COUNCIL MINUTES March 9, 2010
7. ADMINISTRATIVE REPORTS -None
8. REPORTS FROM CITY MANAGER
8.1 County of Orange proposed program to house Federal Immigration and Customs
Enforcement (ICE) detainees in the Theo Lacy Jail. (OC1300.J)
Discussion -City Manager John Sibley stated that the program would bring up to 472 Federal
detainees temporarily to the jail while awaiting deportation proceedings.
beakers -Joanne
Coontz -provided background information on Theo Lacy Jail.Lois
Barke -submitted questions relating to an EIR, timing, notification, housing needs and release
of detainees.County
Sheriff Sandra Hutchens reported that the detainees have served time for a criminal offense
and due to their illegal immigrant status, must be detained until deported. She added that 99.
1 % are deported and the remainder are released from the federal facility in Los Angeles.In
response to questions from Council, the Sheriff stated:The
Sheriff's Department had aright-of-refusal option on any individual
detainee.Any subsequent project may require an
EIR.The County would dictate what kind of detainees were housed, and would
maintain control over the
jail.ICE had granted an extension on the current proposal for further
discussions.No notification has been made to surrounding
areas.There currently exists extra beds due to recalculation of sentences and time off for
good
behavior.The Sheriff's Department has the ability to terminate the program if conditions are
not
controlled.Her office would keep close communication with City
officials.Any detainee with a higher offense classification, than allowed at the jail, would
be
refused.County inmates will be housed over federal
detainees.Detainees are released to ICE after a court
proceeding.The contract with ICE would probably be for five
years.Sheriff Hutchens stated that statistics on the detainee population and type of crime
committed would be provided to the Council. She further defined a detainee as an ex-inmate
who has completed their sentence, but is being held on an immigration hold due to their
illegal
immigrant status.Councilmember Murphy stated that the agreement in place requires discussion between
the City and County of any proposed changes in the use of the
jail facility.
CITY COUNCIL MINUTES March 9, 2010
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Dumitru stated that he had previously opposed the AB900 change, and opposes
this proposal as well, expressing concern about the type of inmates at the facility, the possibility
of detainees being released into the community, and jeopardizing the integrity of the facility and
the agreement with the County.
Mayor pro tem Smith requested Council receive reports with current and local figures including
demographics, and asked the City Manager's office to be proactive in obtaining this information.
Mayor Cavecche thanked the Sheriff for her attendance at the meeting, noting that the City
Attorney has been in discussions with County Counsel; and that she was not comfortable with
the proposal; and requested regular status reports on population and statistics on release
information.
Council discussed sending a letter to the County. City Attorney David DeBerry stated that this
issue was scheduled to be discussed in closed session.
This discussion was continued to the 7:00 p.m. Session
9. LEGAL AFFAIRS -None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:45 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 Section54956.9(
b).1) One potential
case.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 March 9, 2010
7:00 P.M. SESSION
Mayor Cavecche reported out from Closed Session that there would be no further discussion at
this meeting on the County of Orange proposed program to house Federal Immigration and
Customs Enforcement detainees in the Theo Lacy Jail.
12. PUBLIC COMMENTS -None
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 February 9,2010) (
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 February 9, 2010.NOTE: The
public hearing had been closed.Mayor pro tem Smith clarified with staff that the correct name
proposed for the current Historic Preservation Element is Cultural Resources and Historic
Preservation Element; and also wanted to ensure that the downgrading
of Glassell Street was documented.Staff indicated that the downgrade of Glassell is being pursued with
OCTA, that it is referenced in the roadway classification in the EIR, and that it will also
be addressed in the Circulation Element which will be brought
back within the next year.
THE PUBLIC
HEARING WAS REOPENED Speakers -James Potter -asked for clarification on the language in the
proposed Ordinance
on Non-conforming Uses.Faith Rajac -expressed concerns about a proposed development at the
Val Verde Mobile Home Park,
at 446 South Tustin.THE
PUBLIC HEARING WAS CLOSED City Attorney David DeBerry clarified that the new section outlined
in Ordinance 12-09, which states that no property will lose its right to continue a nonconforming
use unless and until the Director has made a determination that the property has been discontinued for
such a
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
March 9, 2010
lose its status as a legal nonconforming use, is separate from the uses that are made non-
conforming by the General Plan; that while the Zoning Code was amended, in order to follow
case law, additional language was added to this section which applies to all other non-
conforming uses.
Mayor Cavecche clarified with staff that the zoning at 446 S. Tustin is Mobile Home Park, which
is consistent with the current and proposed General Plan designations.
Mayor Cavecche thanked staff and the Planning Commission for all their efforts in working on
the General Plan.
Mayor pro tem Smith noted that the Environmental Impact Report does not include all
environmental concerns, such as the widening of Glassell Street, north and south, and possibly
some other considerations that were added from the discussions at the hearings after the EIR was
already filed.
Council Action:
RESOLUTION NO. 10425
A Resolution of the City Council of the City of Orange (A) Certifying the Adequacy of Final
Program Environmental Impact Report (PEIR) No. 1815-09 (SCH 2006031117) for the City
of Orange Comprehensive General Plan Update, Consisting of General Plan Amendment No.
2009-0001, (B) Adopting Findings of Fact and Statement of Overriding Considerations and (
C)Adopting a Mitigation Monitoring
Program.Applicant: City of
Orange MOTION -
Cavecche SECOND -
Murphy AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to approve Resolution No.
10425.RESOLUTION NO.
10436 A Resolution of the City Council of the City of Orange Approving General Plan Amendment
No.2009-0001 for the City of Orange Comprehensive General
Plan Update.Applicant: City
of Orange
MOTION -Smith
SECOND -Bilodeau AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to approve Resolution
No. 10436.
CITY COUNCIL MINUTES March 9, 2010
13. PUBLIC HEARINGS (Continued)
Council Comments:
Councilmember Bilodeau noted that he was not in favor of the Mixed Use Designation
throughout the General Plan.
Mayor Cavecche stated she would have preferred that the proposed third Old Towne Mixed Use
designation being considered for spoke streets reflect a lower FAR as being more indicative of
what is now on the ground.
Mayor pro tem Smith stated she also would prefer a lower FAR for the Old Towne spoke streets,
suggesting .35 to .45 is what is currently on the ground.
Mayor pro tem Smith also noted that for Focus Area One -Chapman Avenue/Tustin Street -that
the minutes of January 26, 2010, reflect her objection to a medium density residential
designation for the property at 446 S. Tustin.
Councilmember Murphy noted that his objections to certain General Plan changes are already
reflected in meeting minutes.
Councilman Dumitru noted that his objections to certain General Plan changes are already
reflected in meeting minutes.
RESOLUTION NO. 10426
A Resolution of the City Council of the City of Orange Adopting the City of Orange Historic
Resources Inventory Update.
MOTION -Smith
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to approve Resolution No. 10426; amended to include the correct name of the Cultural Resources
and Historic Preservation Element.ORDINANCE
NO. 12-09 (FIRST READING)
An Ordinance of the City Council of the City of Orange Adding Subsections 17.38.040d and
17.38.065 to the Orange Municipal Code Relating to Uses Made Nonconforming Due to General
Plan Update and Termination ofNon-Conforming Uses and Deleting Section 17.18.
050.MOTION -
Cavecche SECOND - Dumitru
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 12-09 be read by title only and same was set for second reading
by the preceding
vote.PAGE
CITY COUNCIL MINUTES March 9, 2010
14. PLANNING AND ENVIRONMENT -None
15. ADJOURNMENT
The City Council adjourned at 8:50 p.m. in memory of Mel Slavick.
The City Council adjourned to an Adjourned Regular Meeting Study Session on Tuesday, March
23, 2010 at 3:00 p.m. in the Weimer Room, Orange City Hall, to review the Proposed FY 2010-
11 Budget.
The next Regular Council Meeting is scheduled for Tuesday, March 23rd at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 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.
MURPHY O YN V. CAVECCHE
CITY CLERK / MAYOR
PAGE 11