HomeMy WebLinkAbout01-08-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 22, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 8, 2008
The City Council of the City of Orange, California convened on January 8, 2008, 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 Irma Hernandez, Senior Assistant to the City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau.
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation recognizing
the City of Orange 2007 United Way Fundraising Campaign.Proclamation designating
the month of January as National Blood Donor Month.Presentation to
Michael Merino for service on the Orange County Vector Control District Board.
2. PUBLIC
COMMENTS Mary Kate
Land, address on file, spoke about seized property of Mr. Charles Monson;and the
medical marijuana issue.PaQe 1
CITY COUNCIL MINUTES January 8, 2008
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 December 6, 13, 20
and 27, 2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of December 11,
2007. (C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approve.
3.4 Receive and file the City Treasurer's Report, period ending November 30, 2007.
C2500.F)
ACTION:Approved.
3.5 Investment Oversight Committee Report for the period ending October 31, 2007.
OR1800.0.27.16.1)
ACTION:Received and filed.
3.6 Audited Financial Statements and Related Financial Reports for the Year Ended
June 30, 2007. (C2500.J.1.3)
ACTION:Received and filed.
PaQe 2
CITY COUNCIL MINUTES January 8, 2008
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Appropriation of funding for Homeland Security related training in Israel.
C2500.K)
SUMMARY: Shaneson Consulting Group is offering a unique 7-day
traInIng opportunity available to a limited number of law enforcement, military, and
counter-terrorism professionals. The training will take place in Israel, February 3-
11, 2008.The cost of training, lodging, transportation, and per diem expenses are included
in
this request.ACTION: Appropriated $12,000 to Account 355-
4081-429300 (Federal Asset Forfeiture-Homeland Security-
Overnight Training) to fund this training.FISCAL IMP ACT: Unreserved fund balance is
available in the State Asset Forfeiture account to fund this appropriation. After
appropriation, funds in the amount of 12,000 will be available
in Account 355-4081-429300 (Federal
Asset
Forfeiture-Homeland Security-Overnight Training) for the purchase.BIDS 3.8 Bid No.
078-31; SP-3634; Annual Concrete Replacement at various locations, FY
2007-08. Approval of
plans and specifications and authorization to advertise for bids. (S4000.S.
7)SUMMARY: Plans and specifications have been completed for the Annual Concrete Replacement
at various locations, FY 2007-08 Project. The project is
ready to be advertised for bids. The estimated construction cost is $
600,000.ACTION: Approved plans and specifications and authorized advertising for
bids
for Annual Services Contract for Concrete Replacement at Various Locations, FY 2007-08
project.FISCAL IMP ACT: Funds
are budgeted in the Capital Improvement Program and are
available in the following accounts:262-5021-427100-
0000 Measure
CITY COUNCIL MINUTES January 8, 2008
3. CONSENT CALENDAR (Continued)
3.9 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. Carolyn Newton
b. State Farm subrogee of Eugene Shabinaw
c. Narong Lim
d. Barbara and Alfonso DeHerrera
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid No. 078-02; SP-3579; Meats Avenue AHRP
Project Street Rehabilitation Improvements from Orange Olive Road to Nordic
Street and authorization to file Notice of Completion with the County Recorder (
No staff report reQuired). (A2100.
0 Agr-5147)SUMMARY: Bid No. 078-02; SP-3579;
Meats Avenue AHRP Project Street Rehabilitation Improvements from Orange Olive
Road to Nordic Street. Staff recommends acceptance of improvements. The contractor on said
job
was R.J. Noble Company.ACTION: Accepted public work improvements,
authorized release of Travelers Casualty and Surety Company of America of Connecticut, Bond No.
104980422 in the amount of 752,752.00 and authorized the Mayor and City Clerk
to
execute the Notice of
Completion.FISCAL IMP ACT: None.3.11 Final Acceptance of Bid No.
078-06; SP-3577; Glassell Street Rehabilitation AHRP Project from Collins Avenue
to Katella Avenue and authorization to file Notice of Completion with
the County Recorder (
No staff report reQuired).A2100.0 Agr-5143)SUMMARY: Glassell
Street Rehabilitation AHRP Project from Collins Avenue to Katella Avenue.
Staff recommends acceptance of improvements. The
contractor on said job was All American Asphalt.ACTION: Accepted
public work improvements, authorized release of Fidelity and Deposit Company of Maryland, Bond No. 08903377
in the amount of $587,443.00 and authorized the Mayor and
City Clerk to
execute the
CITY COUNCIL MINUTES January 8, 2008
3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 078-13; SP-3613; Street Monument and Entry
Sign at Tustin Street and Seba Avenue and authorization to file Notice
of Completion with the County Recorder (No staff report reQuired). (A2100.
0 Agr-5138)SUMMARY: Street Monument and Entry Sign at Tustin Street
and Seba Avenue.Staff recommends acceptance of improvements. The contractor on said
job was Elite
Bobcat Service, Inc.ACTION: Accepted public work improvements, authorized release
of Fidelity and Deposit Company of Maryland, Bond No. 7595064 in the amount of $
54,000.00.
FISCAL IMPACT: None.3.13 Award of Bid No. 078-17 to Allstar Fire Equipment for
the purchase of Fire Pumper Truck Equipment for the three recently
purchased Fire
Pumper Trucks.C2500.H)SUMMARY: On February 13,2007, the City Council approved
purchase of three Fire Pumper Trucks for the Orange Fire Department. The trucks are
now ready to be outfitted for service and require additional equipment
which include hoses, nozzles,ladders, fittings, and
miscellaneous tools and equipment.ACTION: Authorized purchase of Fire Pumper Truck Equipment
in the amount
of 217,366.39.FISCAL IMP ACT: Funds are currently available
in the following account:720-5023-472102
Vehicle
Replacement Fund $217,366.39 PURCHASES 3.14 Purchase of Neptune replacement water meters on
a sole
source as needed basis.C2500.P)SUMMARY: This is a request that the City
Council authorize the ongoing purchase of Neptune replacement water meters, on an as needed
sole source basis, in the amount
not to exceed $182,000.00.ACTION: Authorized purchase of
Neptune replacement water meters from Neptune Technology, Tallassee, AL., on an as needed basis
in the amount
not to
CITY COUNCIL MINUTES January 8, 2008
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds are budgeted and are available to cover the cost of
the purchases as follows:
601-
8041-
484501-
8400 600-8041-
474700
601-8041-484501-
8400 Pipeline Renewal
Projects Meters Meter
ReplacementProgram 27,
912.64 104,000.
00 50.278.
00 Total $182,
190.64 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 CA VECCHE -Mayor Cavecche wanted to ensure a report would be provided to the
Council soon on the staffing requirements for enforcement of
the Day Laborer Ordinance.5. REPORTS
FROM COUNCILMEMBERS - None.6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS - None.
CITY COUNCIL MINUTES January 8, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on Agreements for Qualified Construction and Demolition Debris
Processors. (A2100.0 Agr-5210; 5211;
5212)SUMMARY: On October 25, 2007, proposals were received and opened for the provision
of self-hauled Construction and Demolition (C&D) debris processing. Of the
six proposals received, all six were
deemed qualified.Discussion - Public Works Director Gail Farber gave the staff report, stating that the
six proposed facilities are inspected monthly by the local enforcement agency and no
violations have been reported during the last year according to the California Integrated
Waste Management
Board.Mayor pro tern Dumitru indicated he had traveled to all sites and determined three to be too
far and even hard to locate. He expressed concern for incremental increases to staff time
to administer paperwork on each
facility.City Attorney David DeBerry stated that the Council may choose all or part of the
proposed list. He stated that the idea in suggesting the six facilities was to give contractors a
choice based on convenience of
location.Ms. Farber stated the intent was to encourage C&D recycling and that if the options are
not needed, the list can be changed in the
future.Mr. DeBerry, responding to Council questions, stated that the contractors pulling C&D
permits will receive a list of the processing facilities. He added that random auditing will
be conducted and if it appears contractors are not complying, the City Manager has the ability
to require deposits and receipts be shown as
proof.Public Works Department, Sr. Administrative Analyst Jamie Herbon stated that a copy of
the application form will be taken by the contractor to the facility to ensure the City receives
the credit for the recycled material She stated this will allow for a paper trail for
auditing
purposes.Mayor pro tern Dumitru suggested that contractors designate a facility on their permits
for easier auditing by the
City.MOTION - Dumitru
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to
approve three - Republic Services, Madison Materials and Orange Transfer and Recycling Center - qualified
C&D debris processors be placed on a list of designated facilities for receiving self-hauled
C&D debris and authorized the City Manager to execute the C&D Processing Agreements on
behalf of the City.PaQe 7
CITY COUNCIL MINUTES January 8, 2008
8. REPORTS FROM CITY MANAGER
8.1 FY 2008-09 Budget Kick-off and
Preliminary Outlook City Manager John Sibley reported on FY 07-08 decrease in revenue and the
expected loss of sales taxes. However, he stated his expectation in balancing the
budget without compromising the quality customer service provided by the City. He reported the imposition
of an immediate hiring freeze on all non-safety positions; or his approval required if it
became necessary to fill a position. He also reported the imposition of cuts in
non-essential travel budgets and purchases
of non-critical equipment and supplies.He noted some of the following projects that will be
going forward - Hart Park pool renovation; EI Camino Park renovation; the Grijalva
Gymnasium bidding process is underway;Fire Station No.4 renovation; purchase of three new fire
engines; and the maintenance of outstanding levels
of customer service by staff.He explained that a review of the departments' mid-
year budgets would occur and, if necessary, budget reductions will be directed. He added that
property tax revenue has been a
little higher than
had been expected.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 20-07 (
SECOND READING) (A2500.0 Code Enforcement Fees)An Ordinance of the City Council of the
City of Orange Amending and Revising Various Sections of the Orange
Municipal Code Related
to Fees and
Charges.MOTION - Murphy SECOND - Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 20-07 be read by title only and same
was approved and
adopted by the preceding vote.10. RECESS TO THE
MEETING
OF THE
CITY COUNCIL MINUTES January 8, 2008
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:20 p.m. for the following purposes:
a. Conference with Legal Counsel - Anticipated Litigation Significant
exposure to litigation pursuant to Government Code Section 54956.9(b) - Two potential cases
b. Conference
with Legal Counsel- Existing Litigation pursuant to Government Code Section 54956.9(
a):1) Gary
T. Blankenhorn v. City of Orange, et aI.,United States
District Court Case No. SACV02-1160 GL T (MLGx)2)
Frank Gutierrez v. Michael Fisher, Agusto Rocha, The City of Orange, et ai,United
States District Court Case No. SACV06-760 CJC (RNBx)
c. Conference with labor negotiators pursuant to Government Code Section 54957.6
City's representatives: Personnel Director Steven Pham and Personnel Services Manager
Mike Harary
Employee organization: Fire Management and Orange City Firefighters
d. 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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS 13.
1 APPEAL NO. 0523-07 - CONDITIONAL USE PERMIT NO. 2671-07
APPELLANT: BAGEL ME CORPORATION (A4000.0 APP-
0523-07)Time set for public hearing to consider an appeal of the Planning Commission's denial
of a Conditional Use Permit to allow on-premise sale of beer and wine (Type 41
license) for an existing eating establishment, Bagel Me and First Class Pizzeria, located
at 3533 East Chapman
Avenue, Unit C.Discussion - Community Development Director Alice Angus gave the
staff report.
CITY COUNCIL MINUTES January 8, 2008
13. PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING.
Appellant, Gary McArthur stated his previous restaurant experience and his plan for this
establishment to have a low-key approach to serving alcohol, along with a
conservatively-managed eating establishment. He stated that serving alcohol required additional staff, but
that his customers have requested it. He added that the neighboring restaurant that serves
alcohol has no existing problems, and that no parking problems currently exist as
well.In response to questions from Councilmembers, Mr. McArthur
stated:The availability of alcohol would be advertised on the menu only and that no off-
sale of alcohol
would occur.He owns several Bagel Me! restaurants, but only this one is combined with the
First Class Pizza operation. He added that Bagel Me! items are served until 4:00 p.m. and
service of the pizza items begins at 11 :00 a.m. until the close
of business.Menu items are ordered at the counter and then served at the table-known
as the fast,casual concept. He added that the alcohol would be handled in
the same way.The staff will undergo training
in alcohol management.THE MAYOR CLOSED
THE PUBLIC HEARING.Councilmember Smith stated her concern with the proximity of the restaurant site
to the Fred Kelly Stadium and El Modena High School; availability of alcohol at various
other sites along Chapman Avenue; access issues and traffic along Chapman; and the layout of
the restaurant is such that not all areas can be seen from the counter. She suggested the new
type of restaurant branding with two different restaurants is confusing and she did not want
to encourage alcohol at a Bagel Me; and stated that even though this census tract is
not over-licensed, the neighboring tract is. She noted the Planning Commissioners were unable
to make the findings necessary for
a Conditional Use Permit.Mayor pro tern Dumitru clarified that the stadium separates the
high school from the establishment and that other restaurants in the area are allowed to serve
alcohol. He stated he is in favor
of granting the CUP.In response to questions from Councilmember Murphy, Police Sergeant
Jeff Bird reported that the crime rate in this tract is below 20%, and that there is a
lower concentration of liquor
licenses in this tract.Councilmember Murphy stated he sees the site as a pizza restaurant and given
that there is not an over-concentration of liquor licenses, he would have a hard
time not granting the license.He compared the operation to other pizza restaurants
serving alcohol, adding that the customers may be inclined to purchase the pizza and go
elsewhere to
CITY COUNCIL MINUTES January 8, 2008
13. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated she was not in support of the CUP; that she sees the operation as a
Bagel Me! eatery and not yet a pizza shop and not the type of restaurant that should have an
alcohol license.
Councilmember Bilodeau stated he did not fully agree with the findings made by the Planning
Commission; but did agree that the restaurant's layout is awkward.
In response to Council questions, Mr. McArthur stated that the restaurant closes at 10:00 p.m.
all seven days. He added that alcohol is served starting at 11 :00 a.m. and that Bagel Me! and
First Class Pizza items are served from 11 :00 a.m. to 4:00 p.m. After 4:00 p.m. only the pizza
items are served.
Council discussed additional conditions being added to the standard conditions imposed on
CUPs, addressing the advertising of alcohol on the menu only; requirement for an alcohol
management plan; no pitchers of beer-bottles only; ceasing serving alcohol one hour
before closing; no alcohol-only orders; alcohol inventory out of sight, but allowed
in refrigerators with
glass doors.Councilmember Smith registered an extreme concern with an alcohol license,
especially with 18 year olds able to serve alcohol and a school
next door.MOTION -
Bilodeau SECOND - Murphy
AYES - Murphy, Dumitru, Bilodeau NOES -
Smith, Cavecche Moved to
uphold Appeal No. 0523-07, granting approval of Conditional use Permit No. 2671-07;
subject to standard conditions, with additional conditions agreed to by the appellant -hours serving
alcohol from 11 :00 a.m. to 9:00 p.m.; no sale of alcohol unless it is in conjunction with
the sale of food; an Alcohol Management Plan to be adopted and be followed by the
applicant; no interior advertisement of alcohol except on menus, except that an alcohol refrigerator is
allowed with glass doors; and alcohol only to be served in individual servings.City Attorney
David DeBerry noted that this action is not final until a Resolution formalizing the conditions
is adopted; to be brought back to Council at the January 22, 2008 Council meeting.PaQe
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CITY COUNCIL MINUTES January 8, 2008
13. PUBLIC HEARINGS (Continued)
13.2 DENSITY BONUS ORDINANCE (A2500.0 Ord-02-08
Density Bonus)Time set for public hearing to consider adoption of a proposed Ordinance
amending Chapters 17.04 and 17.14, and adding Chapter 17.15, to the Orange Municipal Code to
reflect an amendment to state density
bonus law.Discussion - Community Development Director Alice Angus gave the staff
report.THE MAYOR OPENED THE PUBLIC
HEARING.Cesar Covarrubias, Kennedy Commission, address on file, stated that the proposed
ordinance does not do enough to provide a vehicle for affordable
housing.THE MAYOR CLOSED THE PUBLIC
HEARING.Ms. Angus responded that the current Housing Element has a provision for affordable
housing,and that the zoning code, as well, includes an affordable housing provision; however they
do not tie into the density bonus. The existing ordinance has the old density bonus
incentives without the sliding scale and contains a more cumbersome process, requiring a CUP for
denser development. She stated the proposed process allows for staff to have a preliminary review
of developer's requests for incentives and concessions and it is treated similar to a major site
plan review which involves Planning Commission action and possible Council approval if a
request for financial incentives are
involved.Mayor Cavecche noted that Councilmember Smith had brought forward a concern with
regard to incentives or concessions on projects that would have an adverse effect on any real
property that qualified for inclusion in a local, state or federal listing of historically
significant
resources.Councilmember Smith indicated that this would address concerns in Orange Park Acres,
Olive,Eichler residences, as well as Old Towne, and as the City continues to age, more
historic districts may be
identified.ORDINANCE NO. 2-08 (
FIRST READING)An Ordinance of the City Council of the City of Orange approving an amendment to
Title 17 of the Orange Municipal Code to reflect the State Density
Bonus Law.MOTION -
Murphy SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
that Ordinance No. 2-08 be read by title only and same was set for second reading by
the preceding vote.
PaQe 12
CITY COUNCIL MINUTES January 8, 2008
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT - The City Council adjourned at 8:20 p.m.The next
Regular Council meeting is scheduled for January 22,2008.Declaration of
City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting
of January 8, 2008 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.PaQe 13