HomeMy WebLinkAbout03-24-2009 Council MinutesAPPROVED BY THE COUNCIL ON APRIL 14, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 24, 2009
The City Council of the City of Orange, California convened on March 24, 2009, 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 Rod Schorr, Covenant Community Church
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 -None
2. PUBLIC COMMENTS -None
Page 1
CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
CONSENT CALENDAR
March 24, 2009
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.
Request Council Confirmation of warrant registers dated March 5 and 12, 2009.
ACTION: Approved.
Request approval of City Council Minutes, Regular Meeting March 10, 2009; and
Adjourned Regular Meeting March 10, 2009. (C2500.D.4)
ACTION: Approved.
Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Receive and file the City Treasurer's Report, period ending February 28, 2009.
C2500.F)
ACTION: Approved.
AGREEMENTS
Cooperation and License Agreement with the Girl Scout Council of Orange
County for use of Hart Park. (A2100.0 Agr-
5405)ACTION: Approved agreement with Girl Scout Council of Orange County
and authorized the Mayor and City Clerk to execute on behalf of the
City.Page
CITY COUNCIL MINUTES March 24, 2009
3. CONSENT CALENDAR (Continued)
3.6 Agreements with Reliance Standard Life Insurance Company for Voluntary
Additional Life Insurance, Voluntary Accidental Death and Dismemberment
Insurance, and Voluntary Spouse Life Insurance for City employees, at no cost to
the City. (A2100.0 Agr-5409;
5410)ACTION: Approved agreements with Reliance Standard Life Insurance; and
authorized the Mayor and City Clerk to execute on behalf of the
City.
BIDS3.7 Bid No. 089-30; Approval of plans and specifications, and request
authorization to advertise for bids for rehabilitation of industrial streets Fiscal Year
2008-09 -Cypress Street, Lemon Street, Grove Avenue and
Emerson Avenue Improvements. (54000.
S.7)ACTION: Approved plans and specifications and authorized advertising for
bids for the Industrial Street FY 08-09 Street Rehabilitation
and Reconstruction Projects.3.8
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 ofthe City Attorney's Office that the
claim(
s) be denied.
a. Yvonne Valdivia ACTION: Denied Claim(s) for damages and referred to City
Attorney
andAdjuster.CONTRACTS 3.9 Award of Contract -Bid No. 089-05, Proposition 42
City Aid Program (CAP)Project -Maple Avenue, Maplewood Street, Monterey
Road, Shattuck Place and Waverly Street Rehabilitation
Improvement. (A2100.0 Agr-5406)ACTION: 1) Awarded a contract inthe amount of $440,
000.00 to Elite Bobcat Service, Inc., Corona, CA 92879, and authorizeD the Mayor
and City Clerk to execute on behalf of the City; and 2) Transferred $100,
000 from Account Number 340-5011-483300-3120, Transportation
Congestion Relief Funds to Account Number
340-5011-
CITY COUNCIL MINUTES March 24, 2009
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.10 Award of Contract; Bid No. 089-20; Community Development Block
Grant CDBG) FY 08-09 Orange Senior Center Improvements. (A2100.
0 Agr-5407)Discussion -Frank Shariat asked for clarification on why his
bid was rejected.Assistant City Attorney Ted Reynolds reported that a subcontractor of
the low bidder,Frank Shariat,
was not licensed.City Engineer Frank Sun confirmed that the Business and
Profession Code's requirement for a contractor's license is stipulated in
the bid package.
MOTION - Bilodeau SECOND -
Smith AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to: 1) Reject the bid received from apparent low bidder Frank Shariat, a
sole proprietor, on the basis that it was not responsive to the City's invitation to bid; and
2)Award the contract in the amount of $115,273.09 toW.L. Butler Construction, Inc.,
and authorize the Mayor and City Clerk to execute on behalf of the
City.3.11 Award of Contract -Bid No. 089-24, El Modena Branch
Library Lighting Improvement Project. (A2100.
0 Agr-5408)ACTION: Awarded a contract in the amount of $33,400 to J.
Kim Electric, Inc.,Fullerton, CA 92835, and authorized the Mayor and City Clerk to execute
on behalf
of
the City.GRANTS 3.12 Accept Assistance to Firefighters Grant for the Orange
City Fire
Department.C2500.H)ACTION: Authorized the acceptance of the Assistance to Firefighters
Grant; and once the funds are received, appropriate $222,400 to
Account 550-3021-
481301-
2509 (Self Contained Breathing Apparatus).PURCHASES 3.13 Authorize the purchase of
street sweeper replacement parts from Lacal Equipment and fromAmericanRotaryBroom
Company. (54000.5.3.1.3)ACTION: 1) Authorized the expenditure of up
to $75,000 to Lacal Equipment,Jackson Center, Ohio; and 2) Authorized the expenditure of
up to $50,000 to
American Rotary
CITY COUNCIL MINUTES March 24, 2009
3. CONSENT CALENDAR (Continued)
REPORTS
3.14 FY 08-09 Mid-Year Report of Work Plan Progress and
Department Highlights covering the period of July 1, 2008 through December 31, 2008. (C2500.
E.4)ACTION: Received
and filed.3.15 Mid-Year Financial Report for the period of July 1, 2008
through December 31,2008. (
C2500.E.4)ACTION:
Received and
filed.MOTION -
Murphy SECOND -Bilodeau AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Item 3.10 was removed and heard separately. All other items on
the Consent Calendar were
approved as recommended.END
OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR CAVECCHE 4.1 Consideration of reappointment of Ken Romero and Robert
Foley to the Investment Advisory Committee, terms to expire January 30, 2011. (OR1800.
0.27.
13)MOTION -
Cavecche SECOND -Smith AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to reappoint Ken Romero and Robert Foley to the
Investment Advisory Committee,terms to expire
January 30, 2011.5. REPORTS
FROM COUNCILMEMBERS -None 6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS -None 7.
ADMINISTRATIVE REPORTS -
CITY COUNCIL MINUTES March 24, 2009
8. REPORTS FROM CITY MANAGER
8.1 Fiscal Year 2008-2009 Mid-Year Budget Adjustments. (C2500.
E.4)See related Redevelopment Agency Minutes Item No.
6.1)
MOTION -Murphy
SECOND -Bilodeau AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau
Moved to:1. Authorize the appropriation of $100,000 from the unreserved General Fund
balance to account 100-
5028-422301 (Electricity) (City).2. Authorize appropriation of $509,252 from
100-3012-292102 (OES Reimbursements) to 100-3021-412101 (Fire Overtime)
and $35,000 from 100-3012-277200 (Fire
Plan Review Revenue) to 100-3012-427800 (Contract Fire Plan Review) (City).3. Appropriate
up to $56,800 from the Tremont / Serrano CFD
Fund, account 594-5017-251300 (Interest Income) to account 594-7021-481200-1606 (Grijalva
Gym) (City).4. Appropriate $522,834 from unreserved fund balance in
State Library Grant Fundto account 552-0000-492100 (to transfer excess final balance
to General Fund) (City).5. Appropriate $1,201,500 (corrected amount) from
the unreserved fund balance and increase the expenditure budget in
the Liability Fund to account 740-
1412-433100 (Claims) and authorize the appropriation of $180,000 from account 740-1412-
292100 (Claims Reimbursement) to account 740-1412-
433100 (Claims) (City).6. Appropriate $22,000 from the unreserved fund balance of the Santiago
Hills Landscaping District to account 291-7026-424301 (
Landscaping Maintenance) (City).7. Appropriate $23,400from the unreserved fund balance of
the RDA Capital Projects Fund to account 940-9800-481105-9191 (
Simon Mills promissory note) (Agency).8. Authorize the appropriation of $2,103,308 from
987-0000-212101 (Current Year Secured Property Tax Revenue -RDA) to account 987-9890-465400 (
Pass-Through
payments to other agencies). Additionally appropriate $1,677,300 from the unreserved fund balance of
the RDA Debt Service Fund to account 987-9890-435410 to cover the Agency's
ERAF
payment to the State (Agency).9. Appropriate $217 from the unreserved fund balance of
the RDA Merged 2008 Tax Exempt Bond fund
to account 944-9800-464700 to cover a
shortfall in the cost of issuance account Agency).
10. Authorize theappropriation of $120,000 from the Self Funded Dental Insurance
revenue account 752-0000-310206 (Allocation to Other Funds)
to: (City)
a. $20,000 to752-1413-426700 (Additional Administration Costs)b. $100,000
to 752-1413-433400 (Additional Dental Claims)11.
Transfer $74,
CITY COUNCIL MINUTES March 24, 2009
9. LEGAL AFFAIRS -None
10. PUBLIC HEARINGS
10.1 2009 EDITION OF THE STANDARD SPECIFICATIONS OF PUBLIC WORKS
CONSTRUCTION (GREENBOOK). (A2500.0 Ord-O1-09
Public Works)Time set for public hearing to consider a proposed ordinance of the City
Council amendingChapter 12.02 of the Orange Municipal Code to adopt the 2009 Edition of
the Standard Specifications for Public Works Construction (commonly referred to as
the Greenbook).Discussion -Interim Public Works Director Joe DeFrancesco gave the
staff report.THE MAYOR OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE
PUBLIC HEARING.
Council Action:ORDINANCE NO.O1-
09 (SECOND READING)An Ordinance of the City Council of the City of Orange amending Chapter 12.
02 of the Orange Municipal Code to adopt the 2009 Edition of the Standard
Specifications for
Public Works
Construction.MOTION -
Cavecche SECOND -Bilodeau AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 01-09 be read by title only and same was
approved and adopted
by the
CITY COUNCIL MINUTES March 24, 2009
10. PUBLIC HEARINGS (Continued)
10.2 CHILDREN'S HOSPITAL OF ORANGE COUNTY (CHOC) MASTER PLAN
PROJECT -EIR 1805-08, ZONE CHANGE 1252-08, MAJOR SITE
PLAN REVIEW 0504-07, CONDITIONAL USE PERMIT 2726-
08, DESIGN REVIEW COMMITTEE 4209-07, TENTATIVE MAP 0024-
08 AND DEVELOPMENT
AGREEMENT N0.5390.A2100.0 Agr-5390)Time set for public hearing to consider a
proposal to expand the existing CHOC Hospital facilities and associated medical offices located at 455,
505, 541 and 557 South
Main Street and 1201 La Veta Avenue.NOTE: Councilmember Bilodeau recused
himself due to an employment
conflict of interest; and left the dais.Discussion -Community Development Director
Alice Angus gave the staff report. In response to questions by Council regarding
traffic mitigation, impacts due to demolition waste and noise, emergency vehicles ingress and egress,
soil movement, TSIP fees and
air quality issues, Mrs. Angus stated that:TSIP fees of approximately $529,000
will be collected to effect road
improvements-this amount was not a negotiated item;Prior to issuance of demolition permit,
certain conditions must be met, including the fire access, construction
waste recycling, and lane closures and haul routes;
Noise ordinance provisions will be followed without exception;Transportation permits
to move soil will be brought to Council;Air quality issues
are addressed
in the Statement of Overriding Impacts.
Speakers -Kim Cripe, President/CEO CHOC Hospital Fred
Talarico, Vista Community Planner, representing
CHOC Hospital Waldo Romero, representing CHOC Hospital In response to questions by Council,
the CHOC representatives reported that clear distinction between the emergency room entrances to CHOC and to
Saint Joseph's Hospital has been a continuing issue in discussions between the
two hospitals. Ms. Cripe further stated that entrance design plans, traffic plans,
and management plans to address patients-both adults and children-being brought to the wrong emergency
room will be put in place to ensure the patient
is stabilized before coordinating transport to the other facility.In response to
questions and concerns from Councilmember Dumitru on traffic impacts,CHOC representatives noted an
anticipated traffic increase of approximately 1 % at
LaVeta and Main at build-out in the year 2030.Community Development Director Alice
Angus stated that Council's action is to approve the master plan, the development agreement
and the parcel map. She also stated that the future office buildings will be brought
back to Council if significant
impacts in
CITY COUNCIL MINUTES March 24, 2009
10. PUBLIC HEARINGS (Continued)
beakers -Sammy
Heim, spoke in support of the proposal.Dana
Bledsoe, spoke in support of the proposal.Council
thanked the Planning Commission and the Design Review Committee for their work on
the project; noting there will be obvious impacts resulting from a project this size, but that it will
be a positive addition to the community and the entire county will derive benefits from it.Councilmember
Dumitru wanted to ensure there was clear signage at emergency rooms at both CHOC
and St. Joseph and that both hospitals continue to work together on an emergency room contingency
plan to address patient needs in this area.Mayor
Cavecche asked that the Council be informed of any future agreement between CHOC and
St. Joseph on emergency room admittance procedures.RESOLUTION
NO. 10358 A
Resolution of the City Council of the City of Orange certifying the adequacy of Final Environmental
Impact Report (Environmental Review No. 1805-08), State Clearinghouse No.
2008081118, including adoption of the Findings of Fact, Statement of Overriding
Consideration, and Mitigation Monitoring Reporting Program for the Children's Hospital of
Orange County Master Plan Project.
MOTION -Murphy
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru
ABSTAIN (Recused) -Bilodeau
Moved to Approve Resolution No. 10358.
ORDINANCE NO.04-09 (FIRST
READING)An Ordinance of the City Council of the City of Orange approving Zone Change No.
1252-08,a request to change the Zoning from C3 (Commercial) and OP (Office Professional)
to PI Public Institution) for certain properties within the Children's Hospital of
Orange County CHOC) Master Plan Project located on the northerly side of La Veta Avenue
between Pepper Street and
Main Street.
MOTION -Murphy
SECOND -Smith AYES -Smith, Murphy,
Cavecche, Dumitru ABSTAIN (
Recused) -Bilodeau Moved that Ordinance No. 04-09 be read by title only and same was set for
second reading by
the preceding
CITY COUNCIL MINUTES March 24, 2009
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10359
A Resolution of the City Council of the City of Orange approving Major Site Plan Review No.
0504-07, Conditional Use Permit No. 2726-08, Design Review Committee No.
4209-07 and Tentative Parcel Map No. 0024-08 (TPM 2008-
162) implementing the Development Plan proposed for the Children's Hospital of Orange County
Master Plan Project on property located at 455, 501, 541 and 557 South Main Street
and 1201
La Veta
Avenue.MOTION -Murphy SECOND -Smith
AYES -Smith, Murphy,
Cavecche, Dumitru ABSTAIN (Recused) -Bilodeau Moved
to approve Resolution No. 10359.
ORDINANCE NO.OS-09 (FIRST READING)An Ordinance of the City Council of the
City of Orange approving Development Agreement No. 5390, by and between the City of Orange
and CHOCO Realty Corporation, for the development of the Children's Hospital of
Orange County (CHOC) Master Plan Project located on the northerly side of La Veta Avenue
between Pepper
Street and
Main Street.MOTION -Murphy SECOND -
Smith AYES -Smith,
Murphy, Cavecche, Dumitru ABSTAIN (Recused) -Bilodeau Moved that Ordinance No. OS-09 be read by title only and
same was set
for second reading by the preceding vote.RECESS TO
THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed toa Closed Session at 5:
40 p.m. for the following purposes:a. Conference with Labor Negotiator
pursuant to Government Code Section 54957.6:City Negotiators: City Manager
John Sibley and Personnel Director
Steven Pham Employee Organizations: 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
CITY COUNCIL MINUTES
7:00 P.M. SESSION
13. PUBLIC COMMENTS -None
14. PUBLIC HEARINGS
March 24, 2009
TAPE 2323
14.1 APPEAL N0.0526-09 -STEP-UP RECOVERY, INC. (A4000.
0 APP-0526-09)The public hearing to consider an appeal of the Planning Commission's denial
of a request for a variance from Orange MunicipalCodeSection 17.14.030's numerical limit on
the use of a single-family home for a Group Home for the Disabled located at
235 S. Craig Drive was continued to this
time from February 24, 2009.Discussion -City Attorney David DeBerry provided the
staff report indicating that the Council's options were to 1) find use as a single family; or 2) if it
is not a single family,analyze the request under the reasonable
accommodation analysis-this finding requires an environmental analysis to determine any impacts;
or 3) determine that the requested accommodation is not reasonably necessary. A
resolution would
be brought back formalizing any decision.Mr. DeBerry stated that whether this application is called a
conditional use permit or a variance is not particularly relevant and that whatever the application is
called, it needs to be reviewed under a reasonable accommodation analysis. He provided a list
of the relevant topics to the discussion and encouraged
the speakers to stay on point:1. Evidence that the tenants are not recovering addicts and/
or
are currently using drugs or alcohol;2. Evidence concerning impacts from the
facility, both beneficial and negative; and 3. Evidence as to whether the home if fulfilling the
purpose
of State and Federal housing laws.In answer to questions from Councilmember
Dumitru, Mr. DeBerry reported that the Controlled Substance Act does not have a role in this matter;
the current zoning is R-1-7; that although each case is fact specific, if the Council finds
that this facility operates as a family, it may have some precedent if another case with
similar facts came before the Council; the length of stay of residents is a factor in defining a family;
and that the City does
not receive Transient Occupancy Tax from group
homes.THE MAYOR OPENED THE PUBLIC HEARING -Steven Polin, Attorney representing Step Up Recovery,
stated he agreed that the matter fell under the reasonable accommodation analysis, and that the
request to increase the size of the operation falls under the Federal Fair
Housing Act which governs issues involving zoning procedures involving disabled people and imposes
three requirements -
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
March 24, 2009
reasonable; 2) is not an undue financial burden to the City; and 3) request would not alter the
zoning scheme. He described the three types of discrimination as intentional, disparate
impact, or failure to make a reasonable accommodation.
Mr. Polin gave further information to support the request, stating that the need for additional
tenants is not only for financial purposes, but also addresses the therapeutic needs of the
program; that the County Sheriff has deemed the home a certified recovery program; that the
program provides emotional support equivalent to that of a family, with support,
encouragement, and accountability resulting in changed behavior leading to responsible
individuals. He reported on the finances of the facility; stated that the City will be have to
prove to the state and HUD that the City is providing housing opportunities in order to receive
CDBG money; and that the alleged gang connection of some residents is disingenuous.
In response to a question from Mayor Cavecche, Mr. Polin reported the rules for residents
required drug testing three to five times per week, attendance at AA and/or NA meetings,
employment or actively searching for employment, no violence or bad behavior, performance
of chores and attendance at house meetings, and that there existed a zero tolerance to drug or
alcohol use.
In response to a question from Councilmember Dumitru, Mr. Polin stated that no treatment
occurs at the home; the residents may have had gang affiliation in the past; that the presence of
12 residents guarantees that at least one other person would be available 24/7 if a resident
needed to talk to someone to gain emotional support and strength to stay sober.
In response to a question from Mayor pro tem Smith, Mr. Polin stated that being certified by
the Sheriff results in the courts referring residents to the home; that certification is renewed on
a yearly basis after visits, fingerprinting, and a review of requirements; that it is desired that the
residents work full time, that the recovery process is lifelong; and that a resident leaves the
home if they are asked to leave for not following the rules or if they are ready to leave. He
also explained the staff and their duties and qualifications.
In response to a question from Councilmember Murphy, Mr. Polin stated that the home has
been remodeled to accommodate 12 residents, if parking issues arose, they would be
immediately addressed and that the houses licensed by the state for 6 people include treatment,
but the state does not license homes where there is no treatment.
beakers -The
following people spoke in favor of appeal. Their comments included:This
is a safe environment and a quality sober living facility; this facility provides benefits of a well
regulated home; there is a need for core group residents; this facility provides no treatment;
residents learn structure and a family environment; Sober Living Coalition has a strong
code of ethics; this facility provides a necessary asset for the courts; this service is needed
by every community; opponents are operating on fear and misinformation; families of Page
12
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
March 24, 2009
non-related persons should not be treated differently than related persons; this is not a
money-making facility; this is a well maintained home; the house is not
overcrowded.Sneakers in favor -
Lisa Parker Meredith Karl Mathisen
Lucy Parker Tom Mathisen
Jeff Christensen Claude Eichar
Lynette Conrad James Reeves
Eric Von Herzen Charles Barling
Adam Miller Corey Strebling
Michelle Ortiz Mario Fernandez
Jillaine Van Hoeuen Mike Gaborno
Grant McNiff Brian Coakley
Paul Shepherd Mike Maydon
James Cartwright Frank Renfro
Chris Logan Shane McCann
Scott Fryer Anastasia Dorsten
Deborah Parker Christopher Pellissier
Scott Christian Stewart Jim Coddington
Jeff Richards Kurt Rodda
Dr. Jerry Morris Julia Klafke
Kevin Lish John Sympson
Angel Martinez Patricia Bintliff (read letter from a retired
Tom Whiting Orange County Judge)
Gilbert Flores
Rick Pfeifer
The following people spoke in opposition to the appeal. Their comments included:
The Orange Municipal Code should be strictly enforced; the house has turned into a transient
facility; the use has made it so neighbors can use their own backyards; tenants taken shortcuts
over my property by jumping over the fence; the owners of this house have already broken the
law by having more than 6 residents; overcrowding in a house can create aggression and slow
development of self respect; the need for 12 residents to meet financial needs is a result of
poor business planning by Step-Up; this is a business operating out of a house; parking is
an issue; and the use has decreased property
values.Sneakers in opposition -
Donald Smith Brad Ottoson
Frank Sciarra Ursela Level
Richard Anthony Charles Schroeder (did not speak -but
Lucy Anthony submitted a card in opposition)
Keith Burnside Jose Velasquez
Matt Ottoson Edward Scheibel
Page 13
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
March 24, 2009
Speaker cards were submitted at the February 24th council meeting from the following people
in opposition to the appeal:
Richard Hess
Elsa Timmermans
Karen Ottoson
Steve Crouch
Steven Polin, Attorney representing Step Up Recovery, in response to comments by the
speakers, stated that the neighbors were welcome to visit the home; studies have not found
property values diminished due to close proximity of a sober living home; that a similar case in
Santa Barbara resulted in a ruling that you can't discriminate on whether residents are related
or unrelatedno caps are involved; and that Step-Up Recovery met the definition of a
single-family unit. He closed his comments by stating that if the appeal is denied, six people
would be denied an equal opportunity to enjoy the dwelling of their choice; and reiterated that
the program does not cost the City any
money.In response to questions from Council, Mr. Polin stated that the curfew is 10:00p.m.; that
the average length of stay is 1 to 3 years; that payment is received based on a rental
agreement;that the resident that caused the police to come out to the facility no longer lived at the
home;and that the request is for Council to view them as a living arrangement-to be considered
as a single
housekeeping unit.THE MAYOR CLOSED THE
PUBLIC HEARING.Mayor Cavecche asked the City Attorney to clarify and respond to comments made
by
the speakers.City Attorney David DeBerry explained that the state housing laws impose
no specific mandates concerning unlicensed group homes. He stated thatthe City's
boarding house ordinance defines three or more tenants (separate rental agreement, sub-lease, oral
or not) as constituting a boarding house, a use which is not allowed in the R-1
zone. He explained that the ordinance was adopted to address problems the City was having
with large numbers of persons living in homes that were not sober living facilities. He explained
that while only two separate rental agreements were allowed in a single family residence
for the non-disabled, the municipal code allows six disabled persons under separate rental agreement
to live in a single-family residence and that it grants preferential treatment to
the disabled. He further clarified that the city is not focused on the user, but the use and that whether
persons are related or not,is not the primary factor in determining whether they are a
family. He reiterated that the decision before Council was to decide whether, in this particular
case, the city's built-in accommodation is reasonable or whether
an additional reasonable accommodation beyond that
is needed
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
March 24, 2009
In response to questions from Councilmember Dumitru, Orange Police Sergeant Monjaraz
reported that he had contact with four known gang members at this location dating back to
2004. He further stated that none of them were in violation of parole or the county's gang
injunction.
Mayor pro tem Smith stated that in her professional experience in social work, she realizes
group support is the preferred model of treatment; however, she stated that this operation was
too large for this neighborhood. Additionally, she stated that many people have achieved
success in asix-person operation. She did not view the operation as a family, noting
that persons had to buy their way into the
home.Councilmember Bilodeau stated he was moved by the stories of success by the group
homes,but could not support this request to increase the number of residents due to its adverse
affects on the
neighborhood.Councilmember Dumitru stated his support of the programs and how many lives have
been helped by them, but that he was unable to support the request for an increase in residents due
to its adverse impacts on the
neighborhood.Councilmember Murphy stated he had not been persuaded that increasing the number
of residents from 6 to 12 would not have a significant impact to the neighborhood, and that
he was unable to make a finding to grant the
variance.Mayor Cavecche thanked the operators and members of the Sober Living Coalition
for attending the meeting. She added that many cities are wrestling with this issue and that
the Sober Living Coalition stands out in this industry as a model program of success.
She commended the operator, Ms. Parker-Meredith, for her successful involvement in the
lives of former addicts. However, the Council needs to look at the Zoning Ordinance and
how homes like this are incorporated into neighborhoods, adding that it was her opinion that the
City's Municipal Code provides an adequate reasonable accommodation for
this facility.
MOTION -Cavecche
SECOND -Murphy AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to deny the appeal No. 0526-09 and upheld the recommendations of
the City'
s Planning
CITY COUNCIL MINUTES
15. PLANNING AND ENVIRONMENT -None
16. ADJOURNMENT -The City Council adjourned at 11:20 p.m.
The next Regular City Council Meeting is scheduled for April 14, 2009.
March 24, 2009
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 24, 2009 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.
C.G ~----NIURPHL
V. CAVECC CITY CLERK
YOR Page 16