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HomeMy WebLinkAbout08-25-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 8, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 25, 2009 The City Council of the City of Orange, California convened on August 25, 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 Mike Sciarra, Grace Brethren Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Girl Scout Association of Orange 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Certificate of Recognition to Girl Scout Association of Orange for a tree planting project. Announcement of Mayor's Bowl -football game between Orange and El Modena High Schools. Recognition of Employee Service Awards. Informational Presentation by Rick Santos, Senior Pension Actuary, Public Employees Retirement System (PERS). Page 1 CITY COUNCIL MINUTES 2. PUBLIC COMMENTS -August 25, 2009 Pat Buttress, SCE spoke on an upcoming solar session at the Edison facility in Fullerton Steve Rosansky, Orange business owner, spoke on concerns with twirling signs The following spoke on the gang injunction and the day laborer issue:Sharon Tipton Scott Sink Ruth Hull-Richter Abraham Juan Giraudo Yuri Lara David Sonneborn John Earl Councilmember Dumitru responded to public comments, stating that he does not believe the City of Orange is racist in any way; and that the gang injunction is a tool brought upon by gangs, because the gangs that have been historically in the area have threatened the well being and public safety of the community. That is why the Police Department is forced to use such a tactic as a gang injunction, in order to ensure the public safety of the community. He also stated he would never vote to approve a sanctuary city. 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Request Council Confirmation of warrant registers dated August 4, 6, and 13, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting August 11, 2009. C2500.D.4) NOTE: Councilmembers Smith and Dumitru recorded an abstention as they were not present at the August 11th Council meeting. ACTION: Approved. Page 2 CITY COUNCIL MINUTES August 25, 2009 3. CONSENT CALENDAR (Continued) 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Receive and file the City Treasurer's Report, period ending July 31, 2009. C2500.F) ACTION: Approved. 3.5 Receive and file the Investment Oversight Committee Report, for the period ending July 31, 2009. (OR1800.0.27.16.1) ACTION: Approved. APPROPRIATIONS 3.6 Appropriation of funds received from Santa Ana College for Fire Department training. (C2500.H) ACTION: Appropriated $41,165.00 from Account 100-3023-292100 ( Santa Ana Training Funds) to 100- 3023-429400-2534 (Local Training). 3.7 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. Camille Barber b. Thomas and Annette Collins c. Steve Mokler ACTION: Denied Claim(s) for damages and referred to CityAttorney and Adjuster.CONTRACTS 3.8 Award of Contract -Bid No. 089-38; to Yale Chase Material Handling Inc. to supply two electric carts for the Community Services Department. (C2500.M)ACTION: 1) Awarded contract to Yale Chase Material Handling Inc. of the City of Industry for the purchaseof two vehicles for $32,011. 67 and authorized the Mayor and City Clerk to execute the contract; and 2) Authorized the City Manager to surplus the CITY COUNCIL MINUTES August 25, 2009 3. CONSENT CALENDAR (Continued) DONATIONS 3.9 Donation of a less lethal ammunition target and a Flashbang Pole to the Police Department. (C2500.K) ACTION: Accepted donation of a Dojo Toys SHORT Less Lethal Ammunition Target and a J & N Tactical BP-6000 Flashbang Pole, with a combined value of $825, to the Police Department by Mr. R. K. Miller. PURCHASES3.10 Purchase and installation of pollution control exhaust traps to meet regulatory compliance on eight Heavy Duty On-Road diesel powered vehicles. ( C2500.M)ACTION: Approved the purchase and installation of eight Cleaire Horizon Regenerated Diesel Particulate Filters, from Ironman Inc., located in Corona, CA in the amount of $119, 003. 16.PERMITS 3.11 Dirt Hauling Permit for McCarthy Building Companies, Inc. ( Continued from August 11, 2009). (C2500. M.20)NOTE: Councilmember Bilodeau recorded an abstention due to a potential conflict of interest related to employment.ACTION: Approved issuance of adirt-hauling permit for the CHOC South Tower II Expansion Project located at Pepper Street and La Veta Avenue, subject to conditions.REPORTS 3.12 Fourth Quarter update on City Manager Goals for FY 2009. (C2500.E)ACTION: Received andfiled.RESOLUTIONS 3.13 RESOLUTION NO. 10403 (OR1800.0. 27.16.2)A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2009-10.See related Redevelopment AgencyMinutes Item No. 3.3.) CITY COUNCIL MINUTES August 25, 2009 3. CONSENT CALENDAR (Continued) SPECIAL EVENTS 3.14 Request for the temporary closure of the municipal parking lot at 170 S. Olive Street (adjacent to Orange Elderly Services Center), on Sunday, September 20, 2009 for a special event. (P2500.0.9) ACTION: Approved the request of Orange Elderly Services and temporarily close Municipal Parking Lot No. 8 at 170 S. Olive Street on Sunday, September 20, 2009 for a special event. MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau recorded an abstention on Item 3.11. Councilmembers Smith and Dumitru recorded abstentions on Item 3.2. All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE 4. 1 Consideration of reappointment of Matthew Cunningham to the City Planning Commission, term to expire June 2013. (C2500.G.2.5.1)MOTION - Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve reappointment of Matthew Cunningham to the City Planning Commission,term to expire June 2013.4.2 Consideration of reappointment of all members of the Community Development Block Grant ( CDBG) Committee, terms to expire June 2011: (OR1800.0.8.3)Mary-Ellen Manning, Eva Perez, Fernando Rico, Gina Scott, Bob Tunstall and Darren Smith ( alternate)MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve reappointment of Mary-Ellen Manning, Eva Perez, Fernando Rico, Gina Scott, Bob Tunstall and Darren Smith (alternate) to the CDBG Committee, terms to expire June 2011. Page 5 CITY COUNCIL MINUTES August 25, 2009 5. REPORTS FROM COUNCILMEMBERS -None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None. 7. ADMINISTRATIVE REPORTS 7.1 Report on possible extension of planning entitlements beyond the current Zoning Code time limits. (C2500.G.2.0) Discussion -Community Development Director Alice Angus gave the staff report. In response to Council questions, she stated that with the current state of the economy, applicants may be encountering planning entitlements that could expire prior to the projects moving ahead to completion. If the Council wishes to pursue extensions, an ordinance amendment could be brought back to Council for a final decision by around November. Mayor pro tem Smith requested the projects closest to expiring be notified that the City is addressing their need for additional time. MOTION - Cavecche SECOND - Bildeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to direct staff to prepare an ordinance amendment to allow for extensions of planning entitlements; to be brought back through the hearing process to the Planning Commission and City Council.7. 2 Report on City's Solid Waste Disposal Reporting and Compliance with the City's Construction and Demolition Waste Ordinance. (C2500.M.1)Discussion -InterimPublic Works Director Joe DeFrancesco gave the staff report. In response to questions from Council he explained that the reason only two of the three facilities is being used by haulers is that the third location is charging a higher fee and was inadvertently left off the permit.Acting Deputy Public Works Director Jamie Herbon confirmed that the Orange Disposal site is used as a transfer station, but is a location where construction and demolition waste can be brought. She clarified Orange gets diversion credit even though waste is transferred outside the City.Page 6 CITY COUNCIL MINUTES August 25, 2009 7. ADMINISTRATIVE REPORTS (Continued) Speaker - Chrystal Denning, Waste Management Representative, stated that the Orange facility is fully permitted as a transfer station and a material recovery station processing mixed-commercial, and construction and demolition waste. She added that the City exceeds the AB930 diversion goals and that the Orange transfer facility recently signed an additional 10-year agreement for use of the property.Discussion ensued regarding the permit paperwork not being processed as planned to verify accuracy of reported credits. It was noted that the amount of staff time to address the paperwork was intensive to account for less than 1% of the waste stream. It was reported that the County will soon be raising their fees which provides a financial incentive for self haulers to recycle.Council briefly discussed the possibility of whether to remove any facilities from use.MOTION - Dumitru SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file report; and directed staff to bring back a report with alternatives relating to C & D disposal facilities.8. REPORTS FROM CITY MANAGER -None.9. LEGAL AFFAIRS 9.1 ORDINANCE N0.6-09 (SECOND READING)A2500.0 Reasonable Accommodations)An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to add provisions for Reasonable Accommodations for Disabled Persons in the Provision of Housing.MOTION -Murphy SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 6-09 be read by title only and same was adopted by the preceding vote.Page 7 CITY COUNCIL MINUTES August 25, 2009 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 16-09 (SECOND READING) (A2500.0 Ord- 16-09 Taxes)An Ordinance of the City Council of the City of OrangeAmending Chapter 5.02 of the Orange Municipal Code Requiring Payment of Taxes Prior to Judicial Review.MOTION - Bilodeau SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 16-09 be read by title only and same was adopted bythe preceding vote.9.3 ORDINANCE NO. 14-09 (FIRST READING) ( Continued from July 14, 2009).An Ordinance of the City Council of the City ofOrange adding Section 5. 12.090 to the Orange Municipal Code relating to exemptions from Business Taxes.NOTE: Staff has requested this item be continued to September 22, 2009. MOTION -Cavecche SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to September 22, 2009.10. PUBLIC HEARINGS 10.1 ARTIFICIALTURF -ORDINANCE AMENDMENT. ( A2500.0 Artificial Turf)The public hearing to consider an ordinanceamending Sections 8.04.020 and 17. 04.031 of the Orange Municipal Code updating the City's requirements, criteria, and minimum standards for the use of artificial turf as landscaping, and related modifications to the City landscaping standards and specifications and Old Towne Design Standards was continued to this time from July 14, 2009.Discussion -Community Development Director Alice Angus gave the staff report. She answered questions from Council on the use of artificial turf in the Old Towne Area relative to the Secretary of the Interior Standards for an Historical District, and the City's Landscape and Design Standards for Old Towne, as follows:Allowing artificial turf in Old Towne would require an environmental review;If allowed in the front yards and parkways, the staff effort to analyze the issue would amount to a minimum of two months time, returning to Council in approximately four months;If it was necessary to be screened from view, it would require DRC review to comply with standards;Allowing it in the front yards could result in removal of Old Towne from the Historic National Registry;Vinyl fencing is not allowed in Old Towne, but does exist on CITY COUNCIL MINUTES August 25, 2009 10. PUBLIC HEARINGS (Continued) Councilmember Bilodeau stated that he perceived artificial turf as a tool in light of the serious drought the state is experiencing, and he opposed separating the Old Towne area from the rest of the city on this issue. Mayor pro tem Smith stated that she knows personally that full landscaping, including lush lawns, was part of the Historic District as far back as 1891. She gave reasons she opposes artificial turf: Conditions reviewed and approved by the DRC must comply with Secretary of Interior Standards which does not allow substitute materials such as plastic for windows, siding or fences; 2. Greenhouse emissions from plastic needs to be studied; 3. There could be problems with street trees regarding the replacement and maintenance of the turf around the trees; 4. Turf will eventually wear out and it may have to be monitored for upkeep; 5. It does not fit in the Historic District; and 6. Excessive staff time will also be required for the environmental review MAYOR CAVECCHE REOPENED THE PUBLIC HEARING. The following people spoke in opposition to artificial turf in Old Towne: Jeff Frankel Sue Vaurs Janet Crenshaw Diana Zdenek Mayor pro tem Smith read, into the record, a letter from Patti Ricci in opposition to artificial turf in Old Towne. MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. Mayor Cavecche stated the National Register was very important, but was having difficulty with staff's interpretation that if allowed in the front yards, the City would have to draft revised provisions to the design guidelines and prepare environmental documentation. However, she did not want to hold this process up for the rest of the city. Community Development Director Alice Angus noted that if artificial turf is allowed in front yards in Old Towne, a Mitigated Negative Declaration would address impacts to the Secretary of the Interior Standards, adding that visible turf would need to be buffered, and the requirement that the DRC would have to review as well. She further addressed additional Council questions, explaining the options for landscaping using drought tolerant landscaping and native plants. She also explained the provisions for ADA improvements to Old Towne homes required by the historic building code. Page 9 CITY COUNCIL MINUTES August 25, 2009 10. PUBLIC HEARINGS (Continued) ORDINANCE N0.9-09 (SECOND READING)An Ordinance of the City Council of the City of Orange amending Sections8.04.020 and17.04.031 of the Orange Municipal Code to update definitions, requirements and standards pertaining to the use of artificial turf.MOTION - Cavecche SECOND - Murphy AYES -Murphy, Cavecche, Dumitru, Bilodeau NOES - Smith Moved that Ordinance No. 9-09 be read by title only and same was adopted by the preceding vote.RESOLUTION NO. 10392 A Resolution of the City Council of the City of Orange amending the City of Orange Landscape Standards and Specifications and the Historic Preservation Design Standards for Old Towne to reflect changes to the landscape and provisions to address artificial turf. MOTION -Murphy SECOND -Cavecche AYES -Murphy, Cavecche, Dumitru, Bilodeau NOES -Smith Moved to adopt Resolution No. 10392. MOTION -Cavecche SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru NOES - Bilodeau Moved to direct staff to bring back a more extensive report including timing, costs and environmental process on what would be required in an Historic District for the use of artificial turf in the visible front yard area; also report on other drought tolerant alternatives to grass and include photos.Page CITY COUNCIL MINUTES August 25, 2009 10. PUBLIC HEARINGS (Continued) 10.2 ZONE CHANGE NO. 1251-08 -ORANGE GATEWAY PROJECT.21500.0 ZCG 1251-08)Time set for public hearing to consider a proposal for a new commercial center. The property is located on the southeast corner of Chapman Avenue and the Santa Ana Freeway (I-5).MAYOR CAVECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.ORDINANCE NO. 11-09 (FIRST READING)An Ordinance of the City Council of the City of Orange approving the reclassification of two remnant right of way parcels located at the southeast corner of Chapman Avenue and the Santa Ana (I-5) Freeway from Un-Zoned to C-2 ( General Business).MOTION - Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 11-09 be read by title only and same was set for second reading by the preceding vote.RESOLUTION NO. 10395 A Resolution of the City Council of the City of Orange approving Mitigated Negative Declaration No. 1804-08, Conditional Use Permit No. 2724-08, Major Site Plan Review No.0557-08 and Design ReviewCommittee No. 4368-08 to permit the construction of a 2,510 square foot, stand alone fast food restaurant building with drive thru, and a 7,000 square foot multi- tenant commercial retail building upon property located at the southeast corner of Chapman Avenue and the Santa Ana (I- 5) Freeway.MOTION - Dumitru SECOND -Murphy AYES -Smith, CITY COUNCIL MINUTES August 25, 2009 10. PUBLIC HEARINGS (Continued) 10.3 OWNER PARTICIPATION AGREEMENT -ATC DEVELOPMENT, LLC. A2100.0 Agr- 5458)Time set for joint public hearing of the City Council of the City of Orange and the Board of Directors of the Orange Redevelopment Agency to consider approval of an Owner Participation Agreement between Agency and ATC Development, LLC., for the disposition of two Agency-owned parcelstotaling 4,603 square feet to the Participant and the conveyance by the Participant of a 7,317 square foot parcel to the Agency for a future water well site. The property is located on the SE corner of Chapman Avenue and the Santa Ana Freeway (I-5).See related Redevelopment Agency Minutes Item No. 9.1.)MAYOR CAVECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10402 A Resolution of the City Council of the City of Orange authorizing the sale of real property by the Orange Redevelopment Agency to ATC Development, LLC, in accordance with the terms of an Owner Participation Agreement by and between the Orange Redevelopment Agency and ATC Development, LLC. MOTION - Dumitru SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. 10402.10.4 PROPOSED LEASE OF SANTA FE DEPOT BUILDING - RUBY' S STREAMLINER, LLC. (A2100.0 Agr-5459)Time set for joint public hearing of the City Council of the City of Orange and the Board of Directors of the Orange Redevelopment Agency to consider the proposed lease of the Historic Santa Fe Depot building at 186 N. Atchison Street in the Orange Merged and Amended Redevelopment Project area by the Orange Redevelopment Agencyto Ruby's Streamliner, LLC.See related Redevelopment Agency Minutes Item No. 9.2.)MAYOR CAVECCHE OPENED THE PUBLIC HEARING.Mr. Ralph Kasmides, representing Ruby's Streamliner, spoke in support of the project.MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. CITY COUNCIL MINUTES August 25, 2009 10. PUBLIC HEARINGS (Continued) RESOLUTION NO. 10404 A Resolution of the City Council of the City of Orange approving the Lease of the Santa Fe Depot building in the Orange Merged and Amended Redevelopment Project Area by the Orange Redevelopment Agency to Ruby's Streamliner, LLC and making certain findings with respect thereto. MOTION -Cavecche SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. 10404. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 8:00 p.m. to a Closed Session for the following purposes: a. Public Employee Appointment(s) pursuant to Government Code Section 54957: Titles: Public Works Director and Library Director b. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. 13. ADJOURNMENT -The City Council adjourned at 8:50 p.m. There was no 7:00 p.m. Session. The next Regular Council meeting is scheduled for September 8, 2009 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 25, 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. Page 13