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Council Minutes 02/14/12APPROVED BY THE CITY COUNCIL ON FEBRUARY 28, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 14, 2012 The City Council of the City of Orange, California convened on February 14, 2012, 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 Reverend Dwight Messenger, First Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Carolyn Cavecche 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 2. PUBLIC COMMENTS — Nancy Collins, Orange Library Board of Trustee, announced the "Geek the Library" event. Matt Lantz, President of the South Sunrise Little League, spoke on the scoreboard at Handy Park. Mayor Cavecche asked the City Manager to contact him. PaaP 1 CITY COUNCIL MINUTES February 14, 2012 3A. CITY 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 Confirmation of warrant registers dated January 19 and January 26, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of January 24, 2012. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report for the period ending January 31, 2012. (OR1800.0.27.16) ACTION: Received and filed. (REMOVED AND HEARD SEPARATELY) 3.5 City Treasurer's Reports for Months of October, November, and December, 2011. (C2500.F) Discussion — Councilmember Whitaker asked about the credit rating of Freddie Mac and Fannie Mae. Finance Director Rich Jacobs indicated that there had been no change to their AAA credit rating. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to receive and file. PAGE 2 CITY COUNCIL MINUTES February 14, 2012 3A. CITY CONSENT CALENDAR (Continued) AGREEMENTS 3.6 License Agreement with the County of Orange for Use of the Sheriffs Department Training Facility and Shooting Range in an amount - not -to- exceed $15,000.00. (Continued from January 24, 2012). (A2100.0 Agr- 4337.A) NOTE: Councilmember Bilodeau recorded an abstention on this item due to a conflict with his employment. ACTION: Approved the License Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Award of Consultant Services Agreement to Stantec Consulting Services, Inc. to provide Professional Engineering Design Services for the new Marywood Pump Station in an amount not -to- exceed $226,723.00. (A2100.0 Agr -5846) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.8 Appropriation of Funds and Approve Agreement with Liebert Cassidy and Whitmore to provide Labor Negotiations in an amount not -to- exceed $90,000.00. (A2100.0 Agr- 5728.A) ACTION: 1) Appropriated $90,000 from unencumbered General Fund to Account No. 100.0301.51611; and 2) approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. CONTRACTS 3.9 Final Acceptance of Bid No. 101 -20; Installation of Efficient HVAC System at the Corporation Yard and El Modena Library EECBG project performed by K &J Air Conditioning, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5733) ACTION: Accepted public work improvements, authorized release of Contractors Bonding and Insurance Company, of Washington, Bond No. CF0520 in the amount of $204,410.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. PAGE 3 CITY COUNCIL MINUTES February 14, 2012 3A. CITY CONSENT CALENDAR (Continued) 3.10 Contract Change Order No. 2 and Final - Bid No. 101 -09; Upgrade of Energy Management System at Various City of Orange Facilities Project. (A2100.0 Agr -5654) ACTION: Approved Contract Change Order No. 2 and Final in the amount of $15,913.00 to Setpoint System Corporation. RESOLUTIONS 3.11 RESOLUTION NO. 10628 (OC1300.D.1) A Resolution of the City Council of the City of Orange Affirming its Support for the 2012 -2016 Federal Transportation Improvement Program Amendments Approved by the Orange County Transportation Authority Board of Directors on December 13, 2011. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.12 RESOLUTION NO. 10629 (S4000.S.4) A Resolution of the City Council of the City of Orange Temporarily Closing Sections of Public Streets for Approved Special Events. Discussion — Mayor Cavecche requested that Treats in the Streets, in October, and the Tree Lighting Ceremony held on the first weekend of the month of December, be added to the list of suspension of permit parking with the closure of the Plaza. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution and the closure of municipal parking lots and the temporary suspension of on- street parking requirements for certain events and dates occurring in FY 2012 -13 with the addition of the suspension of permit parking for the Treats in the Streets, and the Tree Lighting ceremony City events. 3.13 RESOLUTION NO. 10631 (OR1800.0.27.17) A Resolution of the City Council of the City of Orange Expressing Appreciation to David E. Sundstrom, Chairman of the City of Orange Audit Committee, and Commending Him for Fifteen Years of Loyal and Dedicated Service. ACTION: Approved. PAGE 4 CITY COUNCIL MINUTES February 14, 2012 3A. CITY CONSENT CALENDAR (Continued) TRAFFIC COMMISSION 3.14 City Traffic Commission Activity Report for 2011. (OR1800.0.19) ACTION: Received and Filed. 313. SUCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY 3.15 Approval of Orange Redevelopment Agency Minutes, Regular Meeting of January 24, 2012. (RC2500.D.4) ACTION: Approved. RESOLUTIONS 3.16 RESOLUTION NO. SAORA -001 (SA1000.0) A Resolution of the Board of Directors of the Successor Agency to the Orange Redevelopment Agency Authorizing the Investment of Monies in the Local Agency Investment Fund of the State of California and Taking Certain Actions in Connection Therewith. ACTION: Approved. MOTION - Dumitru SECOND -Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.5 and 3.12 were removed and heard separately. Councilmember Bilodeau recorded an abstention on Item 3.6. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR * * * * * * * * ** 4. REPORTS FROM MAYOR CAVECCHE 4.1 City Council Reorganization. MOTION - Dumitru SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved approval of the nomination of Councilmember Bilodeau as the Mayor pro tem. PAGE 5 CITY COUNCIL MINUTES 5. REPORTS FROM COUNCILMEMBERS - None February 14, 2012 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept Resignation of David E. Sundstrom from the Audit Committee, Effective Immediately; Post Vacancy Notice Pursuant to Maddy Act. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to accept the resignation of David E. Sundstrom, effective immediately. 6.2 Accept Resignation of Nick Lall from the City Traffic Commission, Effective Immediately; Post Vacancy Notice Pursuant to Maddy Act. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to accept the resignation of Nick Lall, effective immediately. 7. ADMINISTRATIVE REPORTS 7.1 Adoption of Ordinance No. 01 -12 and Resolution No. 10627 to Exclude All Future Elected Officials from the Public Employees Retirement System (PERS). (A2100.0 Agr- 0281.16) Discussion — Mayor pro tem Bilodeau raised the fact that this would also delete the elected City Treasurer and City Clerk from PERS as well; and that determination had not been made as to the equitable benefits package for these two positions. Council discussed the issue of part -time elected officials being in the retirement system; and whether it was possible to pick and choose the positions to be excluded from PERS; and the possibility of a stipend. City Attorney David DeBerry stated that incumbents would not be affected by this action, but future elected officers would be excluded. He also stated that should the Clerk and the Treasurer be excluded from PERS, they would fall into the City's alternative retirement plan to which both the City and the employee contribute 3.75% of the stipend. PAGE 6 CITY COUNCIL MINUTES February 14, 2012 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Bilodeau SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to the March 27 meeting, for further consideration of the compensation package for the part-time elected City Clerk and City Treasurer positions; with staff directed to conduct a survey and provide the results for this discussion. 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY - None 11. RECESS TO CLOSED SESSION The City Council recessed at 4:55 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Jeffrey Freedman, Special Counsel, and David A. DeBerry, City Attorney Employee Organizations: All Bargaining Units b. Public employee appointment /employment pursuant to Government Code Section 54957. Title: City Attorney c. Public employee performance evaluation pursuant to Government Code Section 54957. Title: City Manager 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. PAGE 7 CITY COUNCIL MINUTES 7:00 P.M. SESSION 12. PUBLIC COMMENTS — February 14, 2012 Russel Monroe provided Council with information on the "Vial of Life" program. Robert Imboden thanked the Council for the historic street lights on the west side of town. 13. PUBLIC HEARINGS 13.1 REZONE 238 S. FLOWER STREET — ZONE CHANGE 1262 -11. (Z1500.0) Time set for a public hearing to consider a proposal to change the Current Limited Business (C- 1) zoning of the subject site to Residential Multiple Family (R -3) which would make the property consistent with the Low Medium Density Residential 6 -15 du /ac (LMDR) General Plan Land Use Designation of the site. The requested zone change is for financial planning purposes only and no development is proposed in Association with the Zone Change at this time. Applicant: Stephanie Hoeschele for Herbert Hoeschele & Iraj Mavandadi Discussion — Senior Planner Chad Ortlieb provided the staff report. He responded to questions from Council, stating that the rezone would make the current Conditional Use Permit on the site legal conforming, and that the property next door is owned by a different person. THE MAYOR OPENED THE PUBLIC HEARING. Speakers — Ms. Stephanie Hoeschele spoke in favor of the rezone. She answered questions from Councilmember Smith, stating the zone change is requested to conform to the General Plan, and no development or changes are anticipated. She also stated that the current business is leasing the property from month -to- month, with a requirement for a six -month notice if vacating. Mr. Tim Smith spoke in opposition to the rezone, citing traffic issues and high crime in the area due to an increase in density. THE MAYOR CLOSED THE PUBLIC HEARING. Councilmembers spoke in support for the zone change, noting the neighborhood will continue to change with increasing population, but the R -3 zoning is a better fit for the neighborhood than the current commercial zoning; that the City's design review methodologies and architectural standards ensure a good project at this site that will help the community in the future; and that on -site parking requirements for R -3 have been increased over the years to lessen the parking impacts to neighborhoods. Pane 8 CITY COUNCIL MINUTES February 14, 2012 13. PUBLIC HEARINGS (Continued) ORDINANCE NO. 02-12 (FIRST READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1262 -11 to Change the Zone of 78,408 Square Feet of Property Located at 238 S. Flower Street from Limited Business (C -1) to Residential Multiple Family (R -3). MOTION - Dumitru SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 02 -12 be read by title only and same was set for second reading by the preceding vote. 13.2 REZONE CERTAIN PROPERTIES IN THE SOUTHEAST QUADRANT OF OLD TOWNE ORANGE HISTORIC DISTRICT TO SINGLE FAMILY RESIDENTIAL (R -1) - ZONE CHANGE 1261 -11 (Continued from November 22, 2011). (Z1500.0) A continued public hearing to consider the proposed zone change to rezone affected properties in Old Towne east of Glassell Street and south of Chapman Avenue (Southeast Quadrant) to R- 1-6 (Single Family Residential, 6,000 square foot minimum lot size), consistent with the prevailing single - family zoning that exists in other parts of Old Towne's residential quadrants. The zone change is proposed in order to establish consistency between General Plan land use designations and zoning classifications, as required by State law. Discussion — City Attorney David DeBerry provided the staff report. He stated that somewhat related to this rezone are two recommended changes to the zoning code: 1) To provide relief to a limited number of properties with respect to the size of the secondary housing units; and 2) Make all existing multi - family and duplexes within the General Plan's eight focus areas legal conforming as opposed to legal non - conforming to address possible financing issues. He added that these new changes would have to be considered by the Planning Commission and then returned to the Council. He then detailed certain properties suggested for exemption and the reasoning for it. He concluded that one of the benefits of adopting single family zoning is it will bring more certainty to what can be developed as a second unit. Council discussed results of taking the various actions being recommended. In addition, further discussion ensued on various topics such as FAR, the 50% size rule, setbacks, height, lot size, parking, proper scaling, overlays, definition of historic relative to second units, categorize what would be a duplex v. historic unit, preservation of smaller buildings, density, and what constitutes "multi - family ". Discussion also included specific zoning on the east side of south Orange, Grand Street between Almond and Washington, and three residences on east Almond. PAGE 9 CITY COUNCIL MINUTES February 14, 2012 13. PUBLIC HEARINGS (Continued) THE MAYOR OPENED THE PUBLIC HEARING. Speakers The following persons spoke to support the rezone citing a concern for carving out a portion of South Grand Street, a need to review the inventory forms and the "contributing" factor, support for accessory structures that are not oversized, the legal non - conforming status not being an issue with financing, R -1 designation supports preservation, concern for over -sized dwellings, R -1 zone addresses parking problems, OTPA supports R -1 zoning for the north- and southeast quadrants, no reduction of property values with R -1 zone, favored low density, and compliance with the General Plan: Robert Imboden Dan Slater Stephen Bennett Jonathan Neal Valere Tardif Michael Ochs Mary Matuzak Annalisa Goode Dianne Kropidlowski MaryAnne Skorpanich The following persons spoke in opposition to the rezone citing purchase of property for income opportunities, opposition to one - size - fits -all zoning, concern for financing issues with a non- conforming status, and a request that the Honey House retain its current zoning: William Day Chris Michaelis Christina Tardif Martin Tardif Charles Botzum, III Frank Gibson Ms. Michelle Carder spoke on the importance of Old Town being an important cultural resource, and requested a chance to explore compromises with the City Council, City Attorney, and OTPA. THE MAYOR CLOSED THE PUBLIC HEARING. Council stated their understanding of the issues, and areas they agreed with, as well as those they felt needed further consideration. PAGE 10 CITY COUNCIL MINUTES February 14, 2012 13. PUBLIC HEARINGS (Continued) MOTION - Cavecche SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to direct City staff to take the proposed changes to the zoning code that apply City- wide back to the Planning Commission as detailed on the staff report; and gave staff criteria for the Planning Commission to consider regarding what constitutes two units, no illegal or bootleg units allowed as a legal- conforming status, and several alternatives to the 50% rule including FAR as applied to differing property scenarios. MOTION - Smith SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to find that the proposed zoning changes are within the scope of the previously - approved 2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and that the Program EIR adequately describes the zoning changes for purposes of CEQA and no new environmental documents arc required ORDINANCE NO. 16 -11 (FIRST READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1261 -11 Establishing Consistency Between the Low Density Residential General Plan Land Use Designation and the Zoning Classification in Portions of Old Towne in Accordance with State Law. MOTION - Smith SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 16 -11 be read by title only and same was set for second reading by the preceding vote, with the exclusion of the east side of south Orange Street between Almond and Washington. PAGE 11 CITY COUNCIL MINUTES 14. PLANNING AND ENVIRONMENT - None February 14, 2012 15. ADJOURNMENT - the City Council recessed back to Closed Session at 9:30; and adjourned at 10:30 p.m. The next Regular City Council meeting is scheduled for February 28, 2012 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of February 14, 2012 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. IJ. MU CITY CLERK YN V. CAVECCHE MAYOR PAGE 12