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HomeMy WebLinkAbout1_9_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 23, 2007 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA January 9, 2007 The City Council of the City of Orange, California convened on January 9, 2007 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, Library Director 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilrnember Jon Dumitru 1.3 ROLL CALL PRESENT -ABSENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau None.1. 4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Mayor's Award and Orange Public Library Foundation recognition to members of the Lloyd E. & Elisabeth H. Klein Family Foundation for their $250,000 contribution to the Main Library expansion campaign.Presentation recognizing the City of Orange 2006 United Way Fundraising Campaign.Presentation of the Government Finance Officers Association Distinguished Budget Presentation Award for the 2006-07 Fiscal Year.Presentation of the Achievement of Excellence in Procurement Award.2. PUBLIC COMMENTS Tom Davidson, Address on File, spoke on the speed sign on Santiago Canyon Road,the beautification project on Orange Park Boulevard and invited the Council to the Orange Park Acres annual meeting on January 27th.Pal!: e1 CITY COUNCIL MINUTES January 9, 2007 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 7, 14, 21 and 28, 2006. ACTION:Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, December 12, 2006; and Adjourned Regular Meeting, December 5, 2006. (C2500.D.4) ACTION:Approved. 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 November 30, 2006. C2500.F) ACTION:Approved. AGREEMENTS 3.5 Agreement with RD Systems, Inc. for replacement of the current Police Facility CCTV system to upgrade from analog tape to digital hard drive storage arrangement. (A2100.0 Agr- 5025)SUMMARY: The current black and white CCTV system was installed in 1989 and is an analog time lapse VCR arrangement. The Department is requesting that this system be replaced with one that uses color monitors and stores images as digital video recordings.ACTION: Approved the contract with RD Systems, Inc. for Police Facility CCTV upgrade/expansion in an amount not to exceed $99,750.41; and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMP ACT: Funds are available in the following account:500-4011-481302-2109 CapitalProjects-Administration- CITY COUNCIL MINUTES January 9, 2007 3. CONSENT CALENDAR (Continued) 3.6 First Amendment to Agreement No. 4759 between the City of Orange and Project Dimensions, Inc. (PDI) for Construction Management Services for the Eisenhower Park Lighting Project (C.LP. No. 0088). (A2100.0 Agr-4759. 1)SUMMARY: An amendment to Agreement No. 4759 between the City and PDI in an amount not to exceed $30,100 is requested for Construction Management services to complete the Eisenhower Park Lighting project.ACTION: Approved the First Amendment to Agreement No. 4759 between the City of Orange and Project Dimensions, Inc. for additional services required in an amount not to exceed $30,100; and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: Sufficient funds exist in the following account:511-7021-481105-0088 Eisenhower Lighting 30, I 00 REMOVED AND HEARD SEPARATELY)3.7 First Amendment to Consultant Services Agreement with Aquatic Design Group,Inc. for Construction Documents for the Hart Park Pool and Deck Renovation Project (C.I.P. No. 0025). ( A2100.0 Agr-4952.1)SUMMARY: The First Amendment to Consultant Services Agreement would increase the compensation payable to Aquatic Design Group, Inc. by $30, 000 from $113,600 to 143,600 for construction documents for the Hart Park pool anddeck renovation project.Discussion - Councilmember Smith requested details to inform the public of this second phase of the renovation of the pool and deck with regard to the completion timeframe and preservation of the historic building on site.Community Services Manager, Marie Knight responded that construction on the pool would begin September 1, 2007-the end of the Summer season; and that the existing single pool would be replaced by two pools to allow for flexibility to run concurrent programs. She added that the preservation ofthe historic element is being addressed.MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Approved the First Amendment to Consultant Services Agreement with Aquatic Design Group, Inc.; and authorized the Mayor and the City Clerk to execute on behalf of the City.FISCAL IMP ACT: Sufficient funds exist in the following account:511-7021-481200-0025 Hart Park Pool andDeckRenovation CITY COUNCIL MINUTES January 9, 2007 3. CONSENT CALENDAR (Continued) 3.8 CLAIMS (C3200.0) SUMMARY: The following c1aim(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 c1aim( s) be denied. a. Leo Greening b. Michellen Harris c. Peerless Insurance d. PHS Management e. Simona M. Perales f. James L. Peterson g. Julia Smiley h. Brent Smith 1. Kristi Smith J. 2000 Chapman, Inc. k. Gabriela Martinez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. DONATIONS 3.9 Donation of optical equipment to the Police Department's Special Weapons and Tactics (SWAT) Team. (C2500.K) SUMMARY: Orange Police Department Reserve Officer Ronald K. Miller is donating a Leopold Mark 4 CQT/T optical scope to the Orange Police Department Special Weapons and Tactics Team (SWAT). ACTION: Accepted the donation of the Leopold Mark 4 CQT/T for use in the Patrol Division SWAT Team. FISCAL IMP ACT: There will be no impact to the General Fund. RESOLUTIONS 3.10 RESOLUTION NO. 10148 (S4000.S.4) A Resolution of the City Council of the City of Orange Summarily Vacating an Easement for Water Line Purposes (UCI Medical Center) that has been superseded by relocation. ACTION: Approved. Pal!:e 4 CITY COUNCIL MINUTES January 9,2007 3. CONSENT CALENDAR (Continned) 3.11 RESOLUTION NO. 10149 (A4000.0 APP- 0512-06)A Resolution of the City Council of the City of Orange denying Conditional Use Permit No. 2593-06; a Request to Allow an Alcoholic Beverage Control License Type 41 (on-sale beer and wine for bona fide public restaurant establishment) for an Existing Restaurant located at 4509 East Chapman Avenue. Applicant: Tropi Jugos, Inc.ACTION: Approved.3.12 RESOLUTION NO. 10157 (A2100. 0 Agr-4498.0.5)A Resolution of the City Council of the City of Orange accepting an Irrevocable Offer of Dedication from North Orange Del Rio Land, LLC, for land underlying the future Steven F. Ambriz Memorial Park and authorizing the City Clerk to record same.ACTION: Approved.NOTE: Councilmember Bilodeau abstained from voting on this item due to a conflict of interest related to his employment.3.13 RESOLUTION NO. 10158 (C2500.G)A Resolution of the City Council of the City of Orange expressing appreciation to Sharon Crawford, Economic Development Department Administrative Secretary, for more than 17 years of loyal and dedicated service to the City of Orange. ACTION: Approved.MOTION - Dumjtru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Item 3.7 was removed and heard separately. Councilmember Bilodeau abstained on Item 3.12. All other items on the Consent Calendar were approved as recommended.END OF CONSENTCALENDARPal!: CITY COUNCIL MINUTES January 9, 2007 4. REPORTS FROM MAYOR CA VECCHE 4.1 City Council Reorganization. MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Councilmember Jon Dumitru as Mayor pro tern.4.2 Consideration of appointments to the Community Development Block Grant Committee. (ORI800.0. 8.3)MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Gina Cunningham and Darren Smith (Alternate) to the Community Development Block Grant Committee, terms to expire June 30, 2007.5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor pro tem Dumitru - Request staff review and update Campaign Reform Ordinance. TAPE 1000 Discussion - Mayor pro tern Dumitru stated that the act of contributing to a campaign is a form of free speech and that he brought this forward to consider either an increase of the campaign contribution limit or eliminating it completely. He listed the elements of campaign advertising mailers, flyers, posters, signs and personal means of communicating a candidate's ideas,values and arguments - noting the increase in these costs. He contrasted that Political Action Committees are not bound to campaign contribution limits; noting that limits can serve to create problems through Independent Expenditures.Mayor Cavecche agreed that the cost of advertising has risen and added that the limits can drive the contributions underground in other areas, such as independent expenditures and support from political parties.Councilmember Murphy agreed that the City should review what is occurring throughout the county and bring back recommendations, as well as advertise the issue to solicit public input.City Attorney, David DeBerry stated that staff will review the entire campaign reform ordinance and could bring the item back to Council at a meeting in February.Pal!:e 6 T--- CITY COUNCIL MINUTES January 9,2007 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept resignation of Mr. Frank Petronella from the City Traffic Commission; effectively immediately. (ORI800.0.19) MOTION SECOND AYES Cavecche Dumitru Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to accept, with regrets, the resignation of Frank Petronella from the City Traffic Commission, effective January 9, 2007.6.2 Accept resignation of Mr. Harold Jackson from the Investment Advisory Committee; effective immediately. ( ORI800.0.27.13)MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to accept, with regrets, the resignation of Harold Jackson from the Investment Advisory Committee, effective January 9, 2007.NOTE: Mayor Cavecche announced that the City has several committee openings for citizens to serve in a volunteer capacity; and that applications were available on the City website or by contacting the City Clerk's Office. 7.ADMINISTRATIVE REPORTS TAPE !290 7. 1 Report from City Attorney - Follow up report on benefit of adopting a construction and demolition ordinance. (A2500.0)SUMMARY: Pursuant to the Integrated Waste Management Act of 1989 the City, along with other public agencies, are required to divert 50% of solid waste generated within their respective jurisdictions from landfills. The City's diversion rate has fluctuated between 54%and 57% the last few years. Most cities that have adopted a construction and demolition waste ordinance have done so because they were not meeting the 50% diversion requirement. If the City were to adopt an ordinance requiring the diversion of self-hauled construction and demolition wastes, it may increase the City's overall diversion rate by up to 4.5%. However,other factors such as Waste Management' s current implementation of a pilot program to divert up to 75% of construction and demolition waste and the County's recent landfill rate hike on self-hauled construction and demolition waste have already resulted in at least some additional diversion. Even so, City staff is recommending adoption of a construction and demolition ordinance.Pal!:e 7 CITY COUNCIL MINUTES January 9,2007 7. ADMINISTRATIVE REPORTS (CONTINUED) Discussion - City Attorney David DeBerry stated that the proposed ordinance prohibits the self- hauling of construction and demolition (C&D) materials to a landfill, and requires it be taken to a material processing facility. In conjunction with the ordinance the City would enter into an agreement with that processing facility for recycling of the C&D wastes generated in the City, at set rates, as well as require the reporting of the recycled amounts to the City. He added that the County recently raised the costs of self-hauling C&D waste to the landfills. He stated that Waste Management, which handles the City's trash, is required to make reasonable efforts to recycle C&D waste and that if direction is given to them for mandatory recycling,they could be entitled to a rate increase if it increases their costs. He indicated that Waste Management began a pilot program in October, 2006 to recycle C&D materials; and that they are reporting a 75% diversion.Mayor pro tern Dumitru stated that his understanding of the franchise agreement with Waste Management allows diversion of the flow, citing several sections in the agreement; and expressed concern that the City may not be compliant with the legislation requiring certain C&D recycling levels due to current practices.Mr. DeBerry responded that the City's authority under the franchise agreement should be handled as a closed session item due to the legal issues involved.Mayor Cavecche asked if the franchise agreement was so exclusive that although the city has a need to divert, legally it is bound to stay with the current provider; and if the City wants a diversion policy to get the numbers up, where would be the best site to accomplish this.Mr. DeBerry reiterated that this discussion should take place in closed session and then summarized the two aspects of the issue as: I) To what degree can the City specify as to which material facility C&D waste can be directed to; and 2) Whether that can be done unilaterally or whether that is done after the current provider fails to show that they are making reasonable efforts to divert C&D waste.Discussion ensued regarding I) this issue affecting construction C&D waste rates only and not residential, the exception possibly being the roll off and cubic yard bins used by residents; 2)clarification that the haul rate will not be affected just the disposal rate which is based on tonnage; 3) that it may be cheaper to take self-hauled C&D to a material recycling facility because the County has raised the rates at the landfills; and 4) clarification that the weekly trash rates will not be affected.Councilmember Smith stated her single desire is to increase the diversion rate, adding that she has heard from others that the city's goal is reasonable.Councilmember Murphy concurred with the need for raising the diversion rate, but echoed the need for the discussion to occur in closed session.Mayor Cavecche directed the agendizing of this item on the January 23, 2007 closed session;and requested that Public Works Department staff visit the facility and provide a report on the issuesdiscussed.Pal!: CITY COUNCIL MINUTES January 9,2007 8. REPORTS FROM CITY MANAGER The City Manager reported on the upcoming Budget process. The City Manager reported that staff will provide a report at the January 23'd meeting on Police staffing levels; and reported that staffis also working on a Code Enforcement report. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 17-06 (SECOND READING) (T1100.0.2 CFD 06-1)An Ordinance of the City Council of the City of Orange levying special taxes within City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements). MOTION - Smith SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru ABSTAIN - Bilodeau Moved that Ordinance No. 17-06 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 1-07 (FIRST READING) (A2500.0 ORD-OI-07)An Ordinance of the City Council of the City of Orange Amending Chapter 8.37 of the Orange Municipal Code to Prohibit the Possession of Graffiti Implements by Minors.Discussion - Mayor Cavecche stated that certain household chemicals used for graffiti are being added to the definition of the term graffiti implement.Mayor pro tern Dumitru asked about stricter levels of enforcement, through an ordinance, of persons on probation or parole, speaking of persons who are stopped for violation of parole and are found to have graffiti implements on their person; and possibly including adults for violations.City Attorney David DeBerry responded that the terms of parole would determine whether carrying graffiti implements was a violation. He indicated that the proposed ordinance would have to be amended to include stricter enforcement of repeat offenders.Mr. DeBerry, summarizing the proposed ordinance, stated that it will be a misdemeanor for a minor to be in possession of a graffiti implement either on public property or private property without permission. Exceptions would include minors traveling to and from school who might possess an implement (marking pen) as a requirement of the class. He clarified that law enforcement looks for certain evidence to lead them to stop an individual suspected oftagging.Pal!: CITY COUNCIL MINUTES January 9, 2007 9. LEGAL AFFAIRS (CONTINUED) Councilmember Smith stated that the City should work with the school district to publicize this new regulation; and suggested publicizing this issue as much as possible to inform the community ofthe stricter enforcement of this increasing problem. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 1-07 be read by title only and same was set for second reading by the preceding vote; and staff directed to review the possibility of including adult parolees in this Ordinance. 10. PUBLIC HEARINGS 10.1 GENERAL PLAN AMENDMENT NO. 2006-0003; PRE-ZONE CHANGE NO. 1241-06; ADDENDUM NO. 1779-06 TO MITIGATED NEGATIVE DECLARATION NO. 1736-04 - MANCHESTER WALK ANNEXATION, .OS ACRES OF LAND AT THE INTERSECTION OF MANCHESTER PLACE AND COMPTON AVENUE, WITHIN THE MANCHESTER WALK TOWNHOME PROJECT - THE OLSON COMPANY.C2300.E GPA-2006-0003)Time set for public hearing to consider a General Plan Land Use Amendment and a Pre-Zoning to facilitate a boundary line adjustment between the City of Orange and the City of Anaheim,whereby approximately 332 square feet of property is to be de-annexed from the City of Anaheim and annexed into the City of Orange (with concurrent annexation to the Municipal Water District of Orange County from the City of Anaheim Public Utility).Note: An adequate assessment of the potential environmental impacts of General Plan Amendment No. 2006-0003 and Pre-Zoning No. 1241-06 was prepared in accordance with the California Environmental Quality Act, in the form of an Addendum to Mitigated Negative Declaration (MND) No. 1736-04.THE MAYOR OPENED THE PUBLIC HEARING. THERE BEINGNOSPEAKERS, CITY COUNCIL MINUTES January 9, 2007 10. PUBLIC HEARINGS (CONTINUED) Council Action RESOLUTION NO. 10156 A Resolution of the City Council of the City of Orange approving Addendum No. 1779-06 and General Plan Amendment No. 2006-0003 to allow for the annexation of approximately 332 square feet of land into the City of Orange, from the City of Anaheim, located at the intersection of Manchester Place and Compton Avenue.MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10156.ORDINANCE NO. 2-07 (FIRST READING) An Ordinance of the City Council of the City of Orange approving the Pre Zoning Reclassification of approximately 332 square feet of property generally located at the intersection of Manchester Place and Compton Avenue. Pre Zone Change No. 1241-06 - Applicant: City of Orange MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 2-07 be read by title only and same was set for second reading by the preceding vote.11. PLANNING AND ENVIRONMENT 11.1 ANNEXATION OF A PORTION OF MANCHESTER WALK, O.OS-ACRES OF LAND AT THE INTERSECTION OF MANCHESTER PLACE AND COMPTON AVENUE, LOCATED WITHIN A PORTION OF THE MANCHESTER WALK TOWNHOME PROJECT. (A3100.0)SUMMARY: The proposed annexation/re-organization is to facilitate a boundary line adjustment between the City of Orange and the City of Anaheim, whereby approximately 332- square feet of property is to be de-annexed from the City of Anaheim and annexed into the City of Orange (with concurrent annexation to the Municipal Water District of Orange County from the City of Anaheim Public Utility.)Pal!:e CITY COUNCIL MINUTES January 9, 2007 11. PLANNING AND ENVIRONMENT Council Action RESOLUTION NO. 10153 A Resolution of Application of the City Council of the City of Orange Requesting the Local Agency Formation Commission to Take Proceedings Pursuant to the California Government Code Section 5668 to Manchester Walk Reorganization/Annexation (RO-06- 43) and Indemnifying the Local Agency Formation Commission.MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10153.RESOLUTION NO. 10154 A Resolution of the City Council of the City of Orange Agreeing to a Redistribution of Property Taxes Due to the Reorganization of332 Square Feet of Property at the Intersection of Manchester Place and Compton Avenue.MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10154.12. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 13. 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 subdivisions (b)(1) and (b )(2) of Government Code Section 54956.9: One potential case 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.Pal!:e 12 CITY COUNCIL MINUTES January 9,2007 14. ADJOURNMENT The City Council adjourned at 6:30 p.m. There was no 7:00 p.m. Session. The next Regular Council Meeting is scheduled for January 23, 2007. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of January 9, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park; all of said locations being in the City of Orange and freely accessible to members ofthe public at least 72 hours before commencement of said regnlar meeting. CITY CLERK j L Pal!:e 13