HomeMy WebLinkAbout2_22_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON MARCH 8, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 22, 2005
The City Council of the City of Orange, California convened on February 22, 2005 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 Father Don Romito, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavecche, Dumitru None.1.
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PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation honoring
Rotary International's 100lh Anniversary - presented to Joe Fortier, Orange Rotary;
Kevin Mercer, Orange North Rotary; Oscar Villanueva, Orange Sunrise Rotary.Proclamation
honoring Rotary
International World Understanding Month - presented to Orange NorthRotary Club'
s past president Kenneth Caplin.Announcement - The City Council
will adjournin memory of Don Scott, long time resident of Orange and former
City employee and Planning Commissioner.2.PUBLIC COMMENTS Jim Owens,
163 S. Cypress,
presented a petition with over 1,000 signatures requesting the City of Orange establish
Quiet Zones at Railroad Crossings in Orange by installing safety approved enhancements of median
islands and/or quadruple gates, serving to eliminate routine sounding of train
horns at all public railroad crossings in the City.PAGE 1
CITY COUNCIL MINUTES February 22, 2005
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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of February 22, 2005 at Orange Civic Center kiosk,
Police facility at 1107 North Batavia, and Shaffer Park; 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 and Main Public Library at 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated February 3 and 10, 2005.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, February 8, 2005.
C2500.D.4)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.5 Receive and file the City Treasurer's Report, period ending January 31, 2005.
C2500.F)
ACTION:Approved.
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CITY COUNCIL MINUTES February 22, 2005
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Award of Professional Engineering Services Agreement for Orange-Olive Road
and Heim Avenue Improvements (SP-3377). (A2100.
0 Agr-4634)SUMMARY: This agreement authorizes the Consultant, Merit Civil
Engineering, Inc., to provide field surveying, geotechnical report, and preparation of
plans, specifications, cost estimates and right-of-way documents for
the proposed improvements on
Orange-Olive Road and Heim Avenue.ACTION: Approved an agreement with Merit Civil
Engineering, Inc., in an amount not to exceed $73,240.00 and authorized the Mayor and the
City Clerk to
execute on behalf of the City.FISCAL IMP ACT: Funds are budgeted in
the Capital Improvement Program FY 04-
05 and available
in the following
accounts:550-5032-483100-6193 $ 408,
902 272-5032-483100-6193 $ 60,
000 Measure M Orange-Olive and Heim Signal Gas Tax Orange-Olive and Heim Signal
3.7 Agreement for the transfer of ownership of the Police Service Dog, Fargo,
currently assigned to the Police Department's Canine
Team, from the City of Orange to retired Canine Officer Serena Cryar. (
A2100.0 Agr-4635)SUMMARY: Before her retirement, Canine Officer Serena Cryar was assigned to
the Police Department's Canine Team for the past four years with Fargo as her canine partner. Fargo
has not been in service for over one year due to injury to his handler
and retraining at this time is problematic and costly, especially with a new handler. As Fargo has lived with
the Cryar family for the past four years while Ms. Cryar has been
the dog's handler, it is the Police Department's
recommendation that his ownership be transferred from the City of Orange
to retired Officer Serena Cryar.ACTION: Approved the agreement transferring ownership of Fargo
to Serena Cryar.FISCAL
IMP ACT: There will be no fiscal impact to the General Fund.REMOVED
AND HEARD SEPARATELY)3.8 Ball Field Maintenance and Program Services Agreement between the
City of Orange and Major League Softball, Inc., for the administration of
the City's adult softball program, the maintenance of certain City-owned and/or
operated ball fields,and the use of the Old Garage atHart Park. (
A2100.0 Agr-3473.A)SUMMARY: Approval of the Ball Field Maintenance and Program Services
Aj,'1'eement between the City and Major League Softball, Inc. (MLS) will
clearly establish
CITY COUNCIL MINUTES February 22,2005
3. CONSENT CALENDAR (Continued)
administration of the City's adult softball program, the maintenance of certain City-
owned and/or operated ball fields, and the use of the Old Garage at Hart Park by MLS as
an administrative office.
Discussion
In response to Council questions, Bonnie Hagan, Recreation Supervisor, reported the
term of the agreement is five years and is inclusive of three former contracts, noting that
utilizing Major League Softball to administer the softball program is a better and more
economical way to provide services. She reviewed some of the groups other than Adult
Softball who utilize fields, noting there is no other major user such as this; stated the
residency rate in Orange for softball leagues is standard for this type of league; and that
there has not been any conflicts for allocation of field use.
Mayor pro tem Cavecche expressed an interest in knowing if softball is dropping in
numbers.
Councilmember Ambriz asked for a continuance of this item in order to further discuss
the contract with staff.
MOTION - Ambriz SECOND -
Dumitru AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to continue
this item to March 8, 2005.ACTION: Approve the
Ball Field Maintenance and Program Services Agreement with Major League Softball,
Inc. and authorize the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT:
It is estimated that the City will receive approximately $50,000 in annual general fund
revenue through this agreement.APPROPRIATION 3.9
Appropriation
Transfer of Air Quality Management District Grant Funds C2500.N)SUMMARY:
Air Quality
Management District (AQMD) funds were allocated to the Santiago Creek Biketrail
project in FY 2000-2001. This project is completed, however,there remains
unspent AQMD funds in the amount of $58,197. Because AQMD guidelines require
that these funds be spent by June 30, 2005, it is requested that these funds be
transferred to alternate projects where the funds can be spent prior to the AQMD deadline.PAGE
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CITY COUNCIL MINUTES February 22,2005
3.CONSENT CALENDAR (Continued)
ACTION: Transferred $46,565 from 245-5011-486700-6099 (
Santiago Creek Biketrail-City limits to Tustin Avenue) to 245-
7021-485100-6102 (Santiago CreekBiketrail Bridge); and, transferred $11,
632.47 from 245-5011-486700-6099 (Santiago Creek Biketrail - City
limits to
Tustin Avenue) to 245-5032-483100-6097 (Traffic Signal Synchronization Project).FISCAL IMP
ACT: After the appropriation transfer, funds will exist in the following accounts where
they
can be utilized for AQMD
approved projects before the spending
deadline:
245-7021-
485100-6102 (
Santiago Creek
Biketrail Bridge)245-5032-483100-
6097 ( Traffic Signal Synchronization Project)Total:46,565 11.632 58,197 3.
10 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. Derek Taguchi b. Michele Insko c. Sarah Yu d. Duane Morse
e.
Linda Marie Gionet ACTION: Denied Claim(s) for
damages and referred to City Attorney and Adjuster.RESOLUTIONS 3.11 RESOLUTION NO. 9942 (A4000.
0 APP-498)A Resolution of the City Council of the
City of Orange denying Tentative Parcel Map No. 2004-226, Design Review Committee No. 3935-04,
and Variance No. 2127-04 seeking a variance from the code for
lot area, lot depth, front yard setback, and garage setback for the proposed
development of two single-family homes on two (2)substandard
parcels created from
six (6) remnant parcels located
at 2220
CITY COUNCIL MINUTES February 22, 2005
3. CONSENT CALENDAR (Continued)
MOTION - AmbrizSECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Item 3.8
was removed and heard separately. All other items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY 4.1 Consider
creation of Alternate position on Community Development Block Grant CDBG) Committee; and
appointment of that position. (OR1800.0.8.3)Mayor Murphy suggested,
and the Council concurred, the parameters of the Alternate position on the CDBG
Committee be that the alternate member participate in all meetings so they are able to vote if
needed.MOTION - Murphy SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Movedto create the position of
Alternate Committee Member on the Community Development Block Grant Committee.MOTION - Murphy SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy,
Cavecche, DumitruMoved
to appoint Antonia Castro as the Alternate Committee
Member to the Community Development Block Grant Committee, term to expire June 30,
2007.TAPE 740 4.2 Appointment to the City of
Orange Planning
Commission. (C2500.G.2.1)Mayor pro tem Cavecche stated she was pleased to
bring forward the recommendation ofMr. Oz Enderby for appointment to the Planning Commission.Councilmember Smith
expressed her support for this recommendation, stating
that Mr. Enderby is very active in the community.PAGE 6
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CITY COUNCIL MINUTES February 22,2005
4. REPORTS FROM MAYOR MURPHY (Continued)
Councilmember Ambriz stated that in the future he would like to have the appointee's
application and background information prior to voting on the appointment; and therefore, would
be abstaining on this vote.
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru ABST AIN- Ambriz
Moved to appoint
Oz Enderby to the Planning Commission to fill the unexpired term of Councilmember Teresa Smith;
term to expire June 30, 2008.4.3 Appointment
to the City Traffic Commission. (OR1800.0.19)MOTION - Murphy SECOND -
Cavecche A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved to re-appoint Jim Beil,
Nick Lall and Frank Petronella to the City Traffic Commission,terms to expire June 30,
2008; and appoint Jim Pyne to the City Traffic Commission, term to expire June 30, 2007.The
Council acknowledged the two
Traffic Commissioners who were not reappointed - Frank Sciarra and Joe Fortier, and suggested
Resolutions be drafted formally acknowledging their servIce.5. REPORTS FROM COUNCILMEMBERS 5.
1
Councilmember Dumitru - Report on
Crime Victim's Bill of Rights. (C2500.D)Councilmember Dumitru reported on the development of
a Victim's Bill of Rights that has been crafted by the Victim's Services Partnership,
comprised of 40 agencies and groups looking to empower victims to receive assistance in dealing
with the crime that has been committed against them. He stated that several other cities
in Orange County have adopted resolutions in support;and asked that Council state their agreement
with the program in the form of a letter of support for the concept, helping persons transition from
victim to victor.Assemblyman Todd Spitzer explained that the Victim'
s Bill of Rights provides information to crime victims on their rights to assist
them through recovery from a criminal act and to support and facilitate them as their cases proceed
through the criminal justice process; and reiterated the request for support, in concept, from the
Council. He introduced Ms. Deborah Courtney and Ms.Patricia Wenskunas who related their experiences as
victims of violent crimes.PAGE 7
CITY COUNCIL MINUTES February 22,2005
5. REPORTS FROM COUNCILMEMBERS (Continued)
Council expressed their support for the concept of empowering victims, but expressed concern
on some of the mechanics of the program and adopting a Resolution with specific language at
this time; and suggested the process be closely monitored.
Staff was directed to draft a letter in support of this concept for signature by all Councilmembers.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.
1 Report from City Attorney - Covenants, Conditions and Restrictions Agreement to hold property
as one parcel for building requirements between the City of Orange and Hamilton Family
Partnership et al. (A2100.0 Agr-4636)SUMMARY:
The City was approached by Hamilton Materials representatives concerning its efforts
to construct storage silos as part of its drywall manufacturing business located at 345 West
Meats Avenue. Hamilton Materials is located on three separate parcels owned by three different
Hamilton entities. The lot tie agreement would permit Hamilton Materials to treat the parcels
as one single parcel for purposes of the proposed development and specified City zoning regulations.
Discussion -
City Attorney, David DeBerry explained that the agreement is needed to join three parcels to
be treated as one parcel which would allow the placement of silos at the facility. The silos are
closer to the lot line than allowed by code, and exceeds the floor area ratio for one parcel. He
indicated that no hardships are being caused to any adjoining parcels because the silos are
on the interior of the property. He added that the tied parcels could not be sold,transferred or
assigned except as a single unit.Councilmember Smith
asked about any adjoining properties or constituents that needed notification of
the planned project. She also requested clarification that the Council's action would approve
the placement of the silos and the Zoning Administrator would look at the construction of
the silos.Community Development
Director, Alice Angus explained that the project involves a variance for the
change in condition-allowing a lot tie rather than a lot line adjustment or parcel map action.
The Zoning Administrator will hold a public hearing on this, requiring notice to the adjoining
property owners.Mayor
pro tem Cavecche asked about the number of silos on the site at present. She expressed her
concern at the sight of an 88 foot, or seven-story-high,
silo.Mr. Jeff Walls, I City Blvd., Orange, representing the applicant, indicated that at present
there are no silos on the
property.PAGE
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CITY COUNCIL MINUTES February 22,2005
7. ADMINISTRATIVE REPORTS (Continued)
Ms. Angus added that although the lot tie agreement does away with the need for a variance, the
variance was still going to be processed based on the height of the silos and the location to the
property line. She added that the City is looking to protect the adjoining property owners from
having a large silo overlooking their property, but that the silos are deep enough in the Hamilton
parcels to not intrude on the neighboring parcels. She clarified that since the silos are 88 feet
high the required setback would be 88 feet; however, this project places the silos at
approximately 150 feet from the property lines.
Councilmember Smith cautioned the public to be vigilant on this item and requested the Zoning
Administrator's public hearing be noticed; and suggested the public could use the appeal process
if necessary.
MOTION - AmbrizSECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
the Covenants, Conditions and Restrictions Agreement with Hamilton Family Partnership, et al.,
and authorized the Mayor and the City Clerk to execute.7.2 Report
from Community Development Director - Appointment of General Plan Advisory Committee members representing
the Chamber of Commerce and a replacement for a previously appointed
member who is unable to serve. (OR1800.0.8.10)SUMMARY: On February 8,
2005 the City Council established the General Plan Advisory Committee (GP AC) and
its membership. At that time, the Council directed staff to work with the Chamber of Commerce
to identify a representative of the business community and return to the Council with that
name for formal appointment. In addition to the appointment of a Chamber of Commerce representative, since
the establishment of the GP AC, one individual has indicated that he is unable
to serve on the Committee. Therefore, appointment of a replacement is needed.MOTION - Murphy SECOND - Cavecche
AYES - Smith, Murphy,
Cavecche NOES - Ambriz,
Dumitru Moved to appoint Karie
Najemnick, asthe Chamber
of Commerce representative, to the General Plan Advisory Committee.Councilmember Dumitru stated he had
hoped for a
representative that was an Orange resident, as well as a business owner.Councilmember Ambriz stated
that the business representative should
have been chosen from the original list of qualified applicants.PAGE 9
CITY COUNCIL MINUTES February 22,2005
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith SECOND -
Dumitru AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to appoint
Jim Obermayer to the General Plan Advisory Committee to replace Mil Thornton who is
unable to fulfill his appointment.Council directed staff
to invite the alternate members of the GPAC, Bob Hitchcock, Janine Ingram, and Laura
Thomas, to the Committee's first bus tour so an alternate member would be ready to step
in should someone on the Committee be unable to serve out their term on the Committee.8. REPORTS
FROM
CITY MANAGER City Manager, David
Rudat gave a brief report on the water running through Santiago Creek and what is being
released from Villa Park Dam as a result of the recent rain storms. With the need to release the
water, Hart Park is closed at the present time for safety issues. He reported that Irvine Lake is
full, as well as the Bond pits. All rain water running into the creeks off of hard roads and Villa
Park Dam is going directly down Santiago Creek to the Santa Ana River. He alerted that the
creek is currently a dangerous place to be with the swift-flowing water.9. LEGAL
AFFAIRS 9.1
ORDINANCE NO.3-OS (SECOND READING) (C2500.P ORD-3-05 Water
Rates)An Ordinance of the City Council of the City of Orange amending and revising the
Master Schedule of Fees and Charges to adopt new Water
Rates.MOTION - Dumitru
SECOND - CaveccheAYES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved that
Ordinance No. 3-05 be read by title only and same was, regretfully, adopted and approved
by the preceding vote.PAGE
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CITY COUNCIL MINUTES February 22,2005
9. LEGAL AFFAIRS (Continued)
9.2 EXTENSION OF URGENCY ORDINANCE - PROHIBITION OF THE ESTABLISHMENT
OF NEW MASSAGE BUSINESSES. (A2500.0 ORD-5-05
Massage)Time set for hearing to consider an Urgency Measure extending the Prohibition on
the Establishment of New Massage
Businesses.Discussion ~ City Attorney, David DeBerry reported that state law allows an urgency
ordinance to be extended twice. He indicated that a working draft of the City's massage
establishment policy has been prepared. This will be sent to massage businesses and after obtaining their
input,a final recommendation will be brought to Council at the first meeting in
April.Council wanted to ensure that the extension of 90 days was adequate to do the
appropriate noticing and holding of the public hearing to adopt the
ordinance.MAYOR MURPHY OPENED THE PUBLIC
HEARING Julie Weich, 190 S. James St., spoke in favor of extending the ordinance and urged Council
to add the requirement of having applied to take the National Certification Exam to obtain
a temporary
permit.MAYOR MURPHY CLOSED THE PUBLIC
HEARING ORDINANCE NO 05-05 (
URGENCY MEASURE)An Urgency Measure of the City Council of the City of Orange Extending the Prohibition
on the Establishment of New
Massage Businesses.MOTION -
Cavecche SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved
that Ordinance No. 5-05 be read by title only and same was adopted as an Urgency
Ordinance by the preceding vote.
10.RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES February 22,2005
1 I. RECESS TO CLOSED SESSION
The City Council recessed at 6: I 0 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organization: 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 be considered in Closed Session.
12. ADJOURNMENT
The City Council adjourned at 7:35 p.m. in memory of Don Scott, former City employee and
Planning Commissioner.
There was no 7:00 p.m. Session. The next Regular Council meeting is seheduled for March 8,
2005.
c-(
CIIC"=C_
CLG { ...-
C,-.__ (MARYE. URPHY ._~
CITY CLERK --.. .-
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