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Council Minutes 06/11/13APPROVED BY THE CITY COUNCIL ON JUNE 25, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA June 11, 2013 The City Council of the City of Orange, California convened on June 11, 2013 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 Henry G. Greenidge, Interim Pastor, River 47 Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation Recognizing July as Parks and Recreation Month and Honoring Community Volunteers. 2. PUBLIC COMMENTS — (Several speakers received interpretation services by Rafael Cajete). The following persons spoke on parking issues in the Holly and Maple Streets neighborhood: Maribel Osorio Francisco Espinoza Petra Osorio Maria Espinoza Jasvina Gill Silvia Becerra Nick Kablon Abraham Castellanos Concepcion Felix Anabel Rodriguez Brenda B Maria Venegas Pave 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR June 11, 2013 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 Confirmation of warrant registers dated May 23 and 30, 2013. ACTION: Approved 3.2 City Council Minutes, Regular Meeting of May 28, 2013. (C2500.D.4) ACTION: Approved 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved AGREEMENTS 3.4 Agreement with HWDS & Associates, Inc. for the Design and Printing of the Our Orange City Newsletter /Community Services Brochure, Winter, Spring, Summer, and Fall Issues, for FY 2013 -2016, in an amount not -to- exceed $313,500.00. (A2100.0 Agr -6001) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 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 of the City Attorney's Office that the claim(s) be denied. a. Ron Biggs b. John B. Ramirez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.6 Award of Contract - Bid No. 123 -30; to Common Area Maintenance, Inc. (CAM) Services for Steam Cleaning Services, in an amount not -to- exceed $28,700.00 per year, for an initial term of three years. (A2100.0 Agr -6002) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES June 11, 2013 3. CONSENT CALENDAR (Continued) PARKING 3.7 Approval of "NO FEE" Parking Permits in Municipal Parking Lot No. 2 on South Orange Street for the Assistance League of Orange (10 permits), and First United Methodist Church (2 permits). (S4000.S.3.1.2) NOTE: Councilmember Alvarez recused himself due to a potential conflict of interest with property ownership. ACTION: Approved the request and authorized the parking permits to be valid from July 1, 2013, through December 31, 2013; and also from January 1, 2014, through June 30, 2014. RESOLUTIONS 3.8 RESOLUTION NO. 10719 (T2200.0) A Resolution of the City Council of the City of Orange Authorizing an Application for Funds for the Environmental Cleanup, Tier I Grant Program under Orange County Local Transportation Ordinance No. 3 for Installation of a Continuous Deflective Separation (CDS) Unit. ACTION: Approved Resolution No. 10719 and approved submittal of application for a CDS Unit under Orange County Local Transportation Ordinance No. 3. SPECIAL EVENTS 3.9 A Special Events Permit with the Roman Catholic Bishop of Orange/Future Christ Cathedral to host Christ Cathedral Walk and Celebration on Sunday, June 23, 2013. (P1300.0.9) NOTE: The applicant requested that this item be removed from consideration. ACTION: Removed from the agenda. MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Councilmember Alvarez recused himself on Item 3.7 due to a potential conflict of interest with property ownership. Item 3.9 was removed from the agenda. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** Page 3 CITY COUNCIL MINUTES June 11, 2013 4. REPORTS FROM MAYOR SMITH - None 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Whitaker — Request Council approve Resolution No. 10720 supporting the Santa Ana College Student Association's opposition to the use of Project Labor Agreements. (C2500.1)) Discussion — Councilmember Whitaker commended Ryan Ahari who spoke at the last Council meeting to raise awareness of the use of project labor agreements on a Santa Ana College project. Mr. Whitaker explained the issue and stated his agreement with the Santa Ana College student body leadership in opposition to the practice. He requested approval of the resolution showing Council's support for the stand the students have taken. Mayor Smith clarified that ballot Measure E is the source of the funds for this project and that it does not involve the Rancho Santiago College campus in Orange, so no Orange taxpayer dollars are involved. S eaker — Ryan Ahari spoke on the negative aspects of project labor agreements, including increased costs, and the fact that non -union contractors are not able to bid on projects. Councilmember Bilodeau stated his support for the students' stand. Councilmember Whitaker responded to questions by Councilmember Alvarez, stating that the City's resolution was a show of moral support, with no force of law, and that he was not aware of the stand the City of Santa Ana may have on the issue. Mayor Smith indicated that she normally would not support a resolution on an issue that was not affecting Orange, but she recognized the financial waste and detriment to small businesses inherent with this issue, and would be supporting the resolution. Councilmember Alvarez stated his vote in support of the resolution is a vote in support of the students. He commended their care of their school, and further stated that this action by the Council was not to be seen by the community college district as impeding their governing. RESOLUTION NO. 10720 A Resolution of the City Council of the City of Orange Supporting the Santa Ana College Associated Student Government's Opposition to the Use of Project Labor Agreements in Rancho Santiago Community College District Construction Projects Funded by Measure Q. MOTION - Whitaker SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved to approve Resolution no. 10720. Page 4 CITY COUNCIL MINUTES June 11, 2013 5. REPORTS FROM COUNCILMEMBERS (Continued) 5.2 Councilmembers Alvarez and Whitaker — Request Council approve action directing staff to draft a Resolution supporting Coastal Cities retention of their Fire Rings. Discussion — Councilmember Whitaker stated that two state agencies have taken a stand on this issue in one city, resulting in a ban on fire rings in many other coastal cities as well, and for this reason he has an interest in this issue. He stated that there would be future public hearings on the matter, and that a resolution adopted by Orange would be a vote for local control. Councilmember Alvarez stated that he had drafted a letter to the Mayor of Santa Ana in support of local control. Councilmember Bilodeau stated the need to recuse himself on the discussion due to his employment position with the County Board of Supervisors and their involvement on this issue. Mayor Smith reiterated her stand on not getting involved on issues not affecting Orange, but that she is in favor of local control and would be supporting the resolution. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy ABSENT (RECUSED) - Bilodeau Moved to direct staff to draft a resolution supporting coastal cities retention of their fire rings. Councilmember Bilodeau — Councilmember Bilodeau stated his appreciation for all the support his family had received in a recent serious car accident his wife and family members had been involved in. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Mayor Smith — Report on the Park Planning and Development Commission. Discussion — City Manager John Sibley gave the history of the commission, stating that the Mayor is considering using the committee to consider aspects of the upcoming Rio Santiago development project. Page 5 CITY COUNCIL MINUTES June 11, 2013 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Cont'd) City Attorney Wayne Winthers stated that unless the Council takes action to disband the Park Planning and Development Commission, it is still active. He added that although the commission has not met in the past few years, agendas have continued to be produced, but there has not been anything for the commission to consider. Mayor Smith stated that the Rio Santiago Draft EIR has been released on the project that contains one of the last large open space properties in Orange. She stated the possibilities being considered for this area as open space, creek property, trails, sports fields, or parks. She stated that four of the commissioners have expressed a willingness to continue serving to review aspects of this project. Councilmember Bilodeau stated he felt that one of the commissioners should recuse himself from review of the project due to his active involvement in the ongoing court case on the Ridgeline Estates project referendum, located near Rio Santiago which is also in close proximity to his residence. Mayor Smith stated that the City Attorney has opined that this commissioner resides within 500 feet of the project; therefore, he will have to recuse himself. The Council discussed the review process, options on the reviewing body, timelines, clarification that the site is entirely in the City limits, and whether the Community Services Department can provide oversight of the commission. Councilmember Alvarez indicated he could support the reactivation of the commission if the one member recuses himself. Councilmember Whitaker indicated he was still undecided on the issue. Councilmember Bilodeau indicated he wanted to leave it up to staff's judgment whether to agendize review on the commission's agenda. Mayor Smith stated she will get Mayor pro tern Murphy's opinion, talk to staff, and thanked the councilmembers for their input. 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None Page 6 CITY COUNCIL MINUTES June 11, 2013 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager, Steven Pham, Human Resources /Employee Relations Director, and Mike Harary, Assistant Human Resources Director. Employee Organizations: All Bargaining Units except Orange City Firefighters. 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. Page 7 CITY COUNCIL MINUTES June 11, 2013 7:00 P.M. SESSION NOTE: Mayor pro tem Murphy and Councilmember Bilodeau were absent for the 7:00 p.m. session. 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS 13.1 TRANSITIONAL AND SUPPORTIVE HOUSING ORDINANCE. (A2500.0) Time set for a public hearing to consider an Ordinance amending Title 17 (Zoning) of the Orange Municipal Code to allow for "transitional housing" and "supportive housing" in Single - Family Residential, Duplex Residential, Multi- Family Residential, Old Towne Mixed Use, and Public Institution zoning districts either as a "permitted" or "conditionally permitted" use, pursuant to State law. Discussion — Senior Planner Jennifer Le provided the staff report. She also provided Councilmember Alvarez with information on involvement by the Zoning Administrator on review of requests for this type of housing, notification of the establishment of such, requirements on maximum number of residents and counselors, parking and zoning requirements, and his suggestion to place the location of such homes on the City's Website. City Attorney Wayne Winthers clarified for Councilmember Alvarez that transitional housing does not require a license and there is no requirement for the City to maintain a location map. Mayor Smith stated that these types of homes in Orange are well run and pose no problems, except that in her opinion the parking code is inadequate and felt the Council needs to be ready to address that. THE MAYOR OPENED THE PUBLIC HEARING. Speaker — Mark Murrel, Casa Teresa, spoke in favor of the ordinance. THE MAYOR CLOSED THE PUBLIC HEARING. ORDINANCE NO. 06-13 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Title 17 (Zoning) of the Orange Municipal Code to Allow for Transitional Housing and Supportive Housing in Single Family Residential, Duplex Residential, Multi- Family Residential, Old Towne Mixed Use, and Public Institution Zoning Districts either as a Permitted or Conditionally Permitted Use Pursuant to State Law; to Assign Parking Standards for Transitional Housing and Supportive Housing; and to Recognize Existing Transitional Housing and Supportive Housing Located in the Old Towne Mixed Use Zones as a "Permitted Use" Allowing Such Uses to Renovate, Reconstruct, or Expand, Subject to Compliance with Development Standards. Page 8 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith NOES - Alvarez ABSENT - Murphy, Bilodeau Moved to approve the First Reading of Ordinance No. 06 -13. (MOTION FAILED) MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy, Bilodeau Moved to rescind the previous motion. MOTION - Alvarez SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy, Bilodeau Moved to continue to June 25, 2013. 14. PLANNING AND ENVIRONMENT (S4000.S.3.1.2) June 11, 2013 14.1 Consideration of a Resolution to Remove Segments of Parking Area R from the Permit Program involving the following locations: a) Both sides of Salinas Court easterly of Santa Maria Street b) Both sides of San Luis Drive east of Santa Cruz Avenue C) Both sides of Santa Cruz Avenue between San Luis Drive and Santa Maria Street d) Both sides of Santa Maria Street between San Luis Drive and Santa Cruz Avenue Discussion — Public Works Director Joe DeFrancesco provided a staff report, giving the history of how this area was established. He responded to questions from Council explaining the process to remove, in contrast to establishing, a permit parking area, the process to survey the residents, the costs involved, the timeframe for removing signage, and the need to collect the permits. Speakers - The following persons spoke in favor of retaining the permit parking program: David Frost, Cathy Delligatta, Mary Ohanian, Becky Burnett, William Burnett, Barbara Chlupek, Jennie Le, Anjur Patel, Surina Narang, Justina Le, Jonathan Le, Stephen Amendt, Lee Ross, Kiem Dinh, Carolyn Frost, and Darlene Ross. Page 9 CITY COUNCIL MINUTES June 11, 2013 14. PLANNING AND ENVIRONMENT (Continued) The following persons spoke in opposition to remaining in the permit parking program: Russ Cox, Taraneh Maleksaeidi, Gary Groover, Dale Lusher, Shelly Ducker, Steve Stahovich, Gloria Kaufman, and Brian Hallse, and Mary Cox. Public Works Director Joe DeFrancesco enumerated for the Council the specific streets and portions of streets to be removed from Parking Permit Area R. Police Sergeant Jeff Bird stated that his department would be able to enforce the regulations with clear signage being in place. RESOLUTION NO. 10718 A Resolution of the City Council of the City of Orange Rescinding Resolution No. 10697, and Adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy, Bilodeau Moved to remove both sides of Salinas Court easterly of Santa Maria Street from 7838 (south side) and 7841 (north side) to the end of the cul -de -sac from Parking Permit Program Area R. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy, Bilodeau Moved to remove both sides of San Luis Drive east of Santa Cruz Avenue from the beginning of 8132 (south side) and 8123 (north side) to the end of the cul -de -sac from Parking Permit Program Area R. MOTION - Smith SECOND - Whitaker AYES - Alvarez, Whitaker, Smith ABSENT - Murphy, Bilodeau Moved to remove both sides of Santa Cruz Avenue between San Luis Drive and Santa Maria Street from 7902 to the beginning of 8102 (south side) and 7901 Santa Cruz Avenue to 8123 San Luis Drive (north side) from Parking Permit Program Area R. Note: The Council stated that the outcome of the survey on Santa Maria Street resulted in less than 55% being in favor of removal; therefore, Santa Maria Street will stay in Permit Parking Area R. Page 10 CITY COUNCIL MINUTES June 11, 2013 15. ADJOURNMENT — The City Council adjourned at 9:35 p.m. The next Regular City Council Meeting will be held on Tuesday, June 25, 2013, at 4:30 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of June 11, 2013 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. ROBE ZOR ADO CHIEF CLERK T RESA E. SMITH MAYOR Page 11