3/8/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON MARCH 22, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 8, 2005
The City Council of the City of Orange, California convened on March 8, 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 Public Works Director Harry Thomas
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT
ABSENT -
Smith, Ambriz, Murphy, Cavccche, Dumitru
None
1.4 PRESENTATIONS / ANNOUNCEMENTS/ INTRODUCTIONS
Annual Deuce Awards presented by Mothers Against Drunk Driving (M.A.D.D.) to
Police Officers who have arrested a significant number of drunk drivers: Officer Phil
McMullin - 84 arrests, Officer Ray Winick - 77 arrests, Officer Martin Suarez - 67
arrests.
Proclamation presented to Karen Herrera, honoring her for service on the Orange Library
Board.
Proclamation honoring Creek Week, March 12-19, 2005.
A presentation by Orange County Supervisor Bill Campbell and Public Works Director/
Chief Engineer Herb Nakasone on the Operating Procedures for the Villa Park Dam and
the implications for Santiago Creek.
Mr. Nakasone provided a power point presentation, reviewing the operating procedures
for the Villa Park Dam. In response to Council questions, he indicated that there is a dam
operator, who lives at the dam and who continually monitors it; and the dam falls under
the review of the State Office of Dam Safety and is inspected on a yearly basis.
Mr. Jim Obermayer, address on file, requested the City fonn a special commission to
review emergency plans and offered citizen input for this commission. He asked about
evacuation procedures, both for residents and large animals and what the alarm system is
for evacuation.
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CITY COUNCIL MINUTES
March 8, 2005
2. PUBLIC COMMENTS - None
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 March 8, 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 17 and 24, 2005.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, February 22, 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 Investment Oversight Committee Report for the period ending
January 31, 2005. (ORI800.0.27.16.1)
ACTION:
Approved.
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March 8, 2005
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6
Sewer Service Agreement - Request by Gregory Winner, Kathleen Nai-Tan Yang
and Mark and Barbara Dangler to extend approximately 1,600 feet sewer main in
Meads Avenue from the City's existing sewer in Horseshoe Drive. (A2100.0 Agr-
4640)
SUMMARY: Gregory Winner and Kathleen Nai-Tan Yang, owners of that certain real
property commonly known as 11108 South Meads Avenue, and Mark and Barbara
Dangler, owners of that certain real property commonly known as 11099 South Meads
Avenue in the unincorporated area of the County of Orange, have requested to conncct
their house sewer laterals to the above mentioned sewer main extension in Meads
Avenue. They have executed a Sewer Service Agreement with the City of Orange and
are requesting City Council approval.
ACTION: Approved the connection request from Gregory Winner, Kathlecn Nai-Tan
Yang, and Mark and Barbara Dangler and authorized the Mayor and the City Clerk to
execute this Sewer Service Agreement on behalf of the City.
FISCAL IMP ACT: None. The property owners have paid all connection fees.
3.7 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 at Hart Park. (Continued from Februarv 22. 2005)
(A2100.0 Agr-3473.A)
SUMMARY: Approval of the Ball Field Maintenance and Program Services Agreement
between the City and Major League Softball, Inc. (MLS) will clearly establish in a single
document the continuing relationship between the City and MLS with respect to 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 at Hart Park by MLS as
an administrative office.
ACTION: Approved the Ball Field Maintenance and Program Services Agreement with
Major League Softball, Inc. and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: It is estimated that the City will receive approximately $50,000 in
annual general fund revenue through this agreement.
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3. CONSENT CALENDAR (Continued)
3.8 A second amendment to an existing professional service contract with Hogle-
Ireland, Inc., a private planning consulting firm, to provide current and advance
planning assignments and prepare Planning studies or reports for the Planning
Division. (A2100.0 Agr-4461.2)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. The division is currently experiencing an increase in planning
applications filed as well as a staff shortage. The second amendment to the contract will
augment existing staff with the use of professional planning consultants for the next four
months.
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service contract with Hogle-Ireland, Inc., not to exceed an
additional $50,000, for a total contract amount of $11 0,000.
FISCAL IMPACT: Funds in the amount of $50,000 are available in the following
account of the Current Planning Division's budget: 100-6021-426700 - Other
Professional and Consulting Services. These funds are from salary savings based on
current vacancies. For the Current Planning work the cost for the contract planners will
be reimbursed by the applicants.
3.9 First Amendment to Information Technology Service Agreement between ACS
Enterprise Solutions, Inc. and the City of Orange for Network Security. (A2100.0
Agr-0978.C.l )
SUMMARY: The City contracts with ACS Enterprise Solutions, Inc. for network
administration and information technology support. City staffrecommends hiring ACS to
implement a phased Network Security solution. The solution consists of services and
equipment provided by ACS, along with some services and equipment which the City
will directly acquire from other vendors.
ACTION: 1) Approved the First Amendment to Information Technology Service
Agreement between ACS Enterprise Solutions, Inc. and the City of Orange in the amount
of $125,990 and authorized the Mayor to execute and the City Clerk to attest; and 2)
Authorized the expenditure of funds not to exceed $42,696 for services and equipment
directly purchased by the City from other vendors.
FISCAL IMPACT: The expenditure of $168,686 for Phase One is budgeted in account
790-1601-481303-9640 (Data Processing Upgrades) in the Information Systems Fund
(Fund 790). Funds for Phases Two and Three are included in the proposed FY 2005-06
budget in the amount of$142,47I.
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3. CONSENT CALENDAR (Continued)
3.10
An Agreement for the Operation, Maintenance and Financial Management of the
800 MHz Countywide Coordinated Communications System (CCCS). (A21 00.0
Agr-2415.A)
SUMMARY: Each Orange County city executed the 800 MHz Joint Agrcement early
1996, and the Amendment to the Joint Agreement in 2003. All 34 cities and the Orange
County Fire Authority are now being asked to approvc the revised Joint Agreement for
the operation, Maintenance and Financial Management of the 800 MHz CCCS, which
addresses post-implementation issues.
ACTION: Approved and executed the Joint Agreement for Operation, Maintenance and
Financial Management of the 800 MHz CCCS dated November 2004; and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for the annual allocated
payment.
APPROPRIATIONS
3.11 Appropriation of funds received from Metro Cities Fire Authority. (C2500.H)
SUMMARY: Request an appropriation of funds rcceived from Metro Cities Fire
Authority. These funds had been held in the Members Specific account in the name of
the Orange Fire Department. The $7,313.59 amount brings the balancc to $0 in this
account. These funds ($7,313.59) are currently being held by the City of Orange in
Account 100-3021-293600.
ACTION: Requested an appropriation of funds as follows: 100-3021-427800-2520
(Metro Net Communications) - $7,313.59 in the Fire Department's budget for fiscal year
04-05. These funds will be carried over to the 05-06 fiscal year to offset the cost of
dispatch services from Metro Cities Fire Authority.
FISCAL IMP ACT: These funds will offset dispatch costs for fiscal year 05-06 by
$7,313.59.
3.12 Appropriation of settlement payment received from Shell Oil Company. (C2500.H)
SUMMARY: As a final judgment in the case of the Pcople vs. Shell Oil Company, the
Orange Fire Department was awarded $50,000 to assist in the enforcemcnt of
underground storage tank regulations. Staff is requesting that these funds be appropriated
into the Hazardous Materials Program to be used for 1) updating the City of Orangc Fire
& Rescue Hazardous Materials Area Plan, 2) materials and supplies; and 3) training and
certification.
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3. CONSENT CALENDAR (Continued)
ACTION: Amended the revenue budget to reflect the receipt
Account No. 100-3012-277501 (Hazardous Materials Fines);
$50,000 as follows in the Fire Prevention Activity:
100-3012-426700-2528 Other Professional & Consultant Svcs
100-3012-429300-2528 Overnight Training
100-3012-429400-2528 Local Training
100-3012-471301-2528 Equipment Additions
of the $50,000 into
and appropriated the
$15,000
$12,000
$10,000
$13,000
FISCAL IMPACT: The Fire Department's Fire Prevention Budget will be supplemented
through these available funds for training and equipment.
BIDS
3.13 Project No. D-146 Phase I, Orange County Sanitation District (OCSD) Cooperative
Project with City of Orange for Taft Avenue Storm Drain Improvements. Approval
of plans, specifications, and request for authorization to advertise. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Taft Avenue Storm
Drain Improvements from east of Union Pacific Railroad to east of Glassell Street. The
project is ready to be advertised for bids. The estimated construction costs including
contingencies (10%), and construction engineering (5%) is $509,400.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Taft Avenue Storm Drain construction project.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
530-5011-483400-5324 $104,900
550-5011-483400-5324 $100,500
Total $205,400
(Drainage District)
(OCSD Grant Funds)
3.14 Project No. SP 3514; Women's Restroom Remodel Project, at City Hall Public
Works Building. Approval of plans and specifications, and request for
authorization to advertise for bids (Bid No. 045-42). (C2500.M)
SUMMARY: Plans and Specifications have been completed for the remodel of the
existing women's public restroom located at City Hall in the Public Works Building. The
engineer's estimate is $45,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Women's Restroom Remodel Project, at City Hall Public Works Building.
FISCAL IMPACT: Funds are available in the following account: 100-0000-426700-
Other Professional Services - $45,000
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March 8, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.15 Award of Public Project Contract - Bid No. 045-28, Reservoir No.4 Booster
Pump Station. (A2100.0 Agr-4641)
SUMMARY: This contract authorizes the construction of the Booster Pump Station to
improve the water system's flexibility and reliability. Arnaz Engineering Contractor of
Lake Forest, California, is the lowest responsible bidder.
ACTION: I) Transferred $600,000.00 from Account No. 601-8011-484101-8119 (Well
27) to Account No. 601-8011-484102-8314 Water CIP- Reservoir 4 Pump Station;
2) Awarded the contract in the amount of$830,900.00 to Arnaz Engineering Contractor,
22600-G Lambert Street, Lake Forest, CA 92630 and authorized the Mayor and the City
Clerk to execute on behalf of the City;
FISCAL IMPACT: Funding for this project with the recommended fund transfers and
appropriation is:
601-8011-484102-8314 Water CIP - Reservoir 4 Pump Station $900,000.00
(REMOVED AND HEARD SEPARATELY)
3.16 Award of Contract to Natures Image, Inc., Bid No. 045-31, for Landscape
Maintenance of Mitigation Area in Santiago Creek. (A2100.0 Agr-4642)
SUMMARY: Upon completion of a formal bid process, the lowest responsible bidder
was determined to be Natures Image, Inc. in the amount of $33,600 for landscape
maintenance services for a five-year period. The fiscal impact is $9,600 for year one of
the five-year maintenance period.
Discussion - Councilmember Dumitru asked whether an oversight had occurred in
awarding the previous bid to a contractor who was unable to perform the required
landscape mitigation.
Community Services Manager, Gabe Garcia responded that the original contractor was
unable to fulfill the landscape mitigation requirement placed on the project by the
Department of Fish and Game; therefore, the City received money back for that portion
of the project. This bid is for the fulfillment of the five-year mitigation monitoring of
that area.
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3. CONSENT CALENDAR (Continued)
MOTION - Dumitru
SECOND - smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the Award of a Contract, Bid No. 045-31, for Mitigation Services to
Natures Image, Inc. in the amount of $33,600; and authorized the Mayor to execute, and
the City Clerk to attest, the Contract Agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
100- 7022-427100 (Contractual Services):
$9,600
3.17 Final Acceptance of Bid No. 045-03; SP-3492; Annual Street Maintenance Asphalt
Concrete Overlay/Reconstruction at Various Locations, FY 2004-05 and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A21 00.0 Agr-1784.B)
SUMMARY: Bid No. 045-03; SP-3492; Annual Street Maintenance Asphalt Concrete
Overlay/Reconstruction at Various Locations, FY 2004-05. 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. 08727566 in the amount of $1,369,798.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
DONATIONS
3.18 Accept donation from an Orange resident for use in the Fire/Rescue Paramedic
program. (C2500.H)
SUMMARY: An Orange resident has donated 3 checks in the amount of $1,500.00
($500.00 each check) to be used to support the Fire Department's Fire/Rescue program.
ACTION: Amended the revenue budget 100-3022-293900 (paramedic donations) -
$1,500.00. Appropriated funds to 100-3022-471301 (paramedic furniture/machinery) -
EKG Monitors, Gurneys, Suction Units, CPR Mannequins, etc.
FISCAL IMPACT: The $1,500.00 donation will augment the Fire/Rescue (paramedic)
budget.
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.19 Donation from Hoyen Mei Chiu, owner of Trend at the Block, in support of the
Orange Police Department Explorer Post No. 266. (C2500.K)
SUMMARY: Ms. Chiu has graciously donated $500 to the Police Department. The
Police Explorer Post No. 266 has been selected as the beneficiary of funds.
Discussion - Councilmember Smith acknowledged Item 3.18 as well as this item in
which community members have donated monetary support for thesc public safety
programs. She identified the donors and thanked them for their generosity. She
encouraged others to consider donating to City programs as well.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to accept the donation of $500 from Ms. Chiu, which has been deposited in
account 100-4055-293900 (Block-Donations) and appropriated $500 to account 100-
4021-443700 (Patrol-Community Support Organizations). Amended the FY 2004-05
Revenue Budget in the General Fund in the amount of $500 to reflect the receipt of the
amount of the donation.
FISCAL IMP ACT: There will be no impact to the General Fund as Ms. Chiu has
donated the funds. After appropriation, funds will be available in the Patrol Program
budget as follows: 100-4021-443700 $500 Community Support Organizations
RESOLUTIONS
3.20 RESOLUTION NO. 9944 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9916
and Lot Line Adjustment LL 2004-10.
Owners: Del Rio, L.L.c.
ACTION: Approved.
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9945 (C2500.H)
A Resolution of the City Council of the City of Orange requesting the Orange County
Board of Supervisors to designate all municipal fire stations within the City of Orange
jurisdiction as Safe-Surrender Sites for newboms.
Discussion - Councilmember Smith acknowledged the success of this program in Los
Angeles County and requested the Fire Chief give an oral presentation to promote the
establishment of this program in Orange County. She also stated the funding for the
program is minimal-$60 to $80, and requested details of identifying the mother and baby.
Chief Bonacker detailed that in Los Angeles County since 2002 there have been 30 safe
surrenders, and 30 abandonments--23 of these ending in death. He explained that the use
of ill bands to appropriately identify baby and mother are used in the event that the
mother changes her mind during the cooling-offperiod.
Councilmember Ambriz commented that he has been informed by a participant in a
mom's club in the City that the club may be interested in conducting a fundraiser to cover
the City's costs for this program.
MOTION - Smith
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approved Resolution No. 9945.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.16, 3.19, and 3.21 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS - None
10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:20 to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Govemment Code
Section 54956.9(a):
1) City of Orange v. Hambarian, Orange County Superior Court Case No. 03CC0957.
b. 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
c. 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
ANNOUNCEMENTS -
Mayor Murphy introduced Scout Pack 51, from St. John's School.
Councilmember Ambriz announced the Ridgeline Country Club would be hosting a United
States Tennis Association pro circuit event March 14 - 22nd Community tennis clinics will be
held Saturday, March 14th
Councilmember Ambriz announced the Orange High School penny drive fundraising campaign
for the leukemia society, including events on March 19th at Norms Restaurant on Katella.
Orange High School has been No. I in the nation for fundraising the last thrce years.
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12. PUBLIC COMMENTS
Marty Poort, address on file, requested a phone number for emergency evacuation for large
animals from the Orange Park Acres area. This number will be included in a brochure-The
Orange Park Acres Information and Safety Guide-which she distributed and which will be sent
out to the community.
Tom Davidson, 6122 Santiago Canyon Road, President, Orange Park Acres Association, spoke
on emergency preparedness information.
Jim Owens, 163 S. Cypress, distributed a train monitor survey taken at the Almond Street
railroad crossing, depicting approximately 60 trains that travel through the City of Orange.
13. PUBLIC HEARINGS
13.1 ZONE CHANGE 1228-04, CONDITIONAL USE PERMIT 2409-02, VARIANCE
2124-02, MINOR SITE PLAN REVIEW 223-02, NEGATIVE DECLARATION 1690-02 -
BP WEST COAST PRODUCTS, LLC (ARCO GASOLINE AND AM/PM MINI-MART)
(ZI500.0 ZCG-1228-04)
Time set for public hearing to consider a proposal to demolish a mini-market and pump island
and construct a new mini-market building and pump islands with canopy. The number of pump
islands will increase from four to eight. The project site is located approximately 1,500 feet east
of Tustin Street on the north side of Katella Avenue (1935 East Katella Avenue). To implement
the proposal, the applicant has applied for:
· Zone Change to establish a uniform zoning classification (C-TR - Limited Business,
Tustin Redevelopment Project Area)
· Conditional Use Permit (CUP) to allow the sale of beer and wine in conjunction with the
sale of motor fuel;
· Variance to reduce the number of required on-site parking spaces from 15 to 12; and
. Minor Site Plan Review to allow the construction of new buildings less than 10,000
square feet in area.
Note: Negative Declaration No. 1690-02 was prepared in compliance with CEQA Guidelines.
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13. PUBLIC HEARINGS (Continued)
Staff Report -
Community Development Director, Alice Angus gave a staff report, detailing the history of the
site: 1970 - Service Station established; 1975 - Villa Park Road vacated by the City; 1978-
liquor license issued. She added that in 1978 a Conditional Use Permit (CUP) was not required
to sell liquor. The project includes the applicant purchasing additional property immediately to
the north-part of what was half of the northern portion of the abandoned Villa Park roadway,
requiring a lot line adjustment to incorporate it as one site to proceed with the dcvelopment.
She explained the rezone accomplishes consistency with the Tustin Redevelopment zoning on
the entire site. She added that service station use of a property does not require parking;
however, with the addition of the mini-mart there is a parking ratio of 1 space for every 200
square feet. This amounts to 15 spaces at this site. This project is proposing 12 parking spaces
in addition to the parking under the canopy at the pumps.
Mrs. Angus explained that the project has been in progress for several years. Initially, there were
a few items that needed to be worked out, including the design consistency with the Tustin
Redcvelopment area guidelines; and access issues from the site over the former Villa Park
roadway. She added that a draft Mitigated Negative Declaration had originally been prepared
with mitigation measures, but the project was continued to address other issues. In review, it
became apparent that the environmental document contained conditions that mct code
requirements; and it was deternlined that Negative Declaration was required. The document
was revised and now addresses appropriate mitigation measures. She added that at this point in
time, there is a need for, and the business is requesting, a CUP to sell alcohol in conjunction with
the service station operation.
Council Ouestions -
Councilmember Dumitru asked whether there was a reciprocal agreement with the commercial
property owners that line the abandoned road for access across the easement and its maintenance
due to the heavier traffic which will result from this project. He added that by use of this
easement ARCO is traveling past many of the businesses and hoped that there would be an
agreement allowing the free flow of traffic. He cited the pot holes that now exist on the
roadway.
Ms. Angus responded that when Villa Park Road was abandoned there was a requirement for a
30- foot-wide access easement. She added that a condition was placed on the applicant to prove
they have a right to continue to traverse this access to Tustin Street which will be necessary for
the fuel delivery trucks to have a turn-about. She indicated that there was a court casc between
the applicant and the neighbors that was adjudicated a month ago, which is denoted in court
documents the City has received.
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13.
PUBLIC HEARINGS (Continued)
TAPE 1615
Ms. Angus summarized that ARCO has a right to traverse the easement to Tustin and a right to
the former cul-de-sac portion of the easement; and that they do not have to provide access to
adjoining property owners due to the fact that it does not lead anywhere except to their own
property. She added that it was not known whether the businesses had entered into any type of
maintenance agreement, specifically between ARCO and GVD, the primary owner of the bulk of
the easement.
City Attorney, David DeBerry stated that there was a previous condition that required the
property owner to enter into an agreement for maintaining the easement. The City Attorney's
office saw an issue in that it created a veto power over the development - the other property
owners could be unreasonable in demanding a large portion of the maintenance costs be paid by
ARCO. He added that the easement is shared by private property owners and the City should not
be involved in determining the fair share costs of maintenance. He added that this can either be
settled between the property owners or in court, if necessary.
Councilmember Dumitru asked if there was any other portion of the abandoned road that might
be purchased in the future to preclude the free flow of traffic.
Ms. Angus stated that the 30-foot-wide easement would accommodate the flow of traffic across
the remainder of the abandoned road to Tustin.
Mr. DeBerry added that the court issue addressed whether the reservation of the 30-foot-wide
easement required the entire stretch to remain open or was it reserved so that abutting property
owners could have access out onto Tustin. The court determined that it was reserved to give the
abutting property owners access out to Tustin street, but not for the purpose of the property
owners closest to Tustin Street having access to the bulb, i.e., the turn around. As a result, if
they wanted to, ARCO could chain that and just use it for their own traffic. In essence the court
has decided that the easement is not for other property owners to use to access the bulb.
Councilmember Dumitru asked for clarification of a condition of the CUP that after 10:00 p.m.,
alcohol can only be sold by persons 2l-years-of-age or older and how would that be enforced.
He also asked about the CUP condition that all employees attend a training session in alcohol
beverage compliance; and the requirement that new employees complete this in 30 days with a
copy of the Alcohol Management Program certificate provided to the Orange Police Department.
Ms. Angus stated that this is a standard condition to a number of different retail businesses that
have alcohol sales. In addition, management is to ensure that adult employees are there to
manage the store and ensure compliance. She indicated the State Alcohol Beverage Control
Department's license dictates the conditions and hours alcohol can be sold. She added that the
Alcohol Training Management Plan has been submitted to the Police Department for their
review.
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13.
PUBLIC HEARINGS (Continued)
TAPE 1685
Mayor pro tem Cavecche asked if the City, upon vacating the road, maintained an easement over
it or any portion of it.
Public Works Director, Harry Thomas indicated that two types of easements were retained-a
utility easement which is coincident with the original street right-of-way, making it 50-feet wide
and includes the cul-de-sac bulb. The second easement was a 30-foot-wide easement for access
of the abutting properties which the recent court decision excluded the cul-de-sac bowl. Due to
the existing utility easement, the property owner would have to enter into an encroachment
agreement to place any surface facilities within that easement. He added that the original
vacation precluded any buildings being constructed in the easement and that as a result of the
project there may be a need to relocate utility lines.
Mayor pro tem Cavecche stated the project is going to be increasing use at the back of the
property and increasing traffic over the properties in front of it; and wanted to confirm that the
cOllrt ruled it did not matter ifit is causing increased maintenance for the other property owners.
City Attorney, David DeBerry clarified that the court issue was easement access to the cul-de-sac
bulb by the neighboring property owners. He added that expanding a business, causing
additional traffic to go over the easement, should be reflected in any shared cost of the easement.
MAYOR MURPHY OPENED THE PUBLIC HEARING -
Leslie Burnside, Tait & Associates, 9089 Claremont Mesa Blvd., San Diego, representing BP
West Coast Products, indicated that their company has agreed to all 52 conditions of approval
and appreciated the removal of the condition for the shared access agreement previously
discussed. She addressed the requirement for the mini-market staff to be at least 21 years old or
the alcohol is locked away. Ms. Burnside added that there is also an age-restrictive requirement
concerning tobacco being sold to minors.
Mr. Kent Allen, 4 Centerpointe, La Palma, representing BP West Coast Products addcd that their
company maintains a very intensive Alcohol Training Program and if it is violated by
employees, they are immediately dismissed from employment.
John McClendon, 23422 Mill Creek Drive, Laguna Hills, spoke in opposItion to the project;
distributed letters to the Council. He raised concems regarding maintenance of the roadway,
parking, environmental issues, and increased traffic.
Siobhan Byrne, representing GVD Properties, 1915 E. Katella, spoke in opposition to the project.
She raised concerns regarding parking and the court issue which they are appealing.
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CITY COUNCIL MINUTES
March 8, 2005
13.
PUBLIC HEARINGS (Continued)
TAPE 2680
City Attorney, David DeBerry reiterated that the court's decision did not mandate the City being
involved in the road maintenance issue. He stated his belief that there should be an equitable
sharing of the maintenance costs; however, he disagrees with the Court minute order that the
City should act as a referee in determining road maintenance costs. He added that the original
mitigated negative declaration was prepared prior to the requirement for a zone change. It was
later determined that the mitigation measures were actually standard conditions universal to all
projects. Since the initial environmental study did not identify any significant environmental
impacts, according to CEQA a negative declaration is allowed. He added that there isn't a big
difference between the two types of documents with a Mitigated Negative Declaration, if a
specific environmental impact is identified, there is a negotiation between the city and the project
applicant to revise the project or agree to some mitigation measure to reduce the impact to a level
of significance.
Mayor pro tern Cavecche asked if the City could legally condition the applicant to maintain the
road as a condition of their service station proposal, due to the increased use of the roadway.
Mr. DeBerry responded in the affirmative. However, he opined that this would render veto
power to adjoining property owners along the road who could unreasonably require ARCO to
pay a large share of the costs. He reiterated that it should be left up to the private property
owners to decide.
Mayor pro tem Cavecche clarified that the City is aware of the amount of increased traffic that
will occur, and offered that the comer in question is a bad one due to traffic pattems coming off
the 55 Freeway and the backup that occurs there. She questioned if a study of this issue had
occurred. She also clarified her understanding that the 15 parking spaces was a requirement of
the mini-mart operation as opposed to the service station.
Community Development Director, Alice Angus answered that in consultation with the Traffic
Engineer and the Public Works Department it was determined that a full traffic study was not
necessary because of the type of use. The access to the service station and its proximity to the
offramp from the 55 Freeway was evaluated and changes have occurred, moving the access 10-
15 feet west of their current location. She delineated the specific traffic flow and parking options
available at this location.
Councilmember Smith asked the applicant if any thought had been given to making
improvements to Villa Park Road for the betterment of the customers and adjoining property
owners.
Mr. Kent Allen answered that the BP West Company is willing to talk about improvements to
the road. He acknowledged the need to improve the road and be good neighbors.
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CITY COUNCIL MINUTES
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13. PUBLIC HEARINGS (Continued)
Mr. DeBerry added that he believed that in the past adjacent property owners maintained each
section of the road they owned and this resulted in the lack of a shared-cost maintenance
agreement ever being entered into for the whole road.
MAYOR MURPHY CLOSED THE PUBLIC HEARING-
Councilmember Ambriz commented on the improvements that the new station will bring to that
corner and supports the project.
Councilmember Smith commented on the number of parking spaces being adequate. She also
stated that since Police approval was given to the selling of alcohol, she could also support that
part of the project.
Mayor pro tern Cavecche added that the proposed improvements, including the landscaping, will
improve the area. However, she added that she does not like to approve CUPs for alcohol sales.
She clarified that if she were to vote on the Resolution, her vote would not include the approval
of the CUP.
Councilmember Dumitru addressed the issues with Villa Park Road; noting that the road is in
need of repair. He also stated he could not support the CUP issue of the project due to the sale
of alcohol next to a freeway.
Mayor Murphy stated his support for the project based on the improvements being proposed. He
felt the reorientation of the pump islands along with the 12 parking spaces amounted to adequate
parking. He stated his concern for the road maintenance issue, but felt it is a private affair.
Council Action
ORDINANCE NO.6-OS (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property from C-l (Limited Business) to C-TR (Limited Business-Tustin Redevelopment Project
Area) to allow the redevelopment of an existing service station located at 1935 East Katella
Avenue.
Zone Change 1228-04
Applicant: BP West Coast Products, LLC
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche
NOES - Dumitru
Moved that Ordinance No. 6-05 be read by title only and same was set for second reading by the
preceding vote.
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CITY COUNCIL MINUTES
March 8, 2005
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9948
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2409-02, Variance No. 2124-03, Minor Site Plan Review No. 223-02 and Negative Declaration
No. 1690-02 to allow the redevelopment of an existing service station and allow the sale of
alcohol beverages (type 20, off-sale beer and wine), upon property located at 1935 East Katella
Avenue.
Applicant: BP West Coast Products, LLC
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche
NOES - Dumitru
Moved to approve Resolution No. 9948; noting, for the record, that Mayor pro tem Cavecche
voted against the Conditional Use Permit, which allows the sale of beer and wine in conjunction
with the sale of motor fuel.
13.2 TENTATIVE TRACT MAP 16768 - NORTH ORANGE DEL RIO LAND, LLC
(T4000.0 TRM-16768)
Time set for public hearing to consider a proposal to subdivide the Del Rio Planned Community
into lots for residential development, a public park, permanent open space and public streets; and
the Del Rio Design Guidelines. The project site is located west of Glassell Street, north of
Lincoln Avenue, and south of the Santa Ana River Channel.
Community Development Director, Alice Angus provided a brief staffreport.
Council Ouestions -
In response to questions by Mayor Murphy, Ms. Angus spoke to Condition No. 85 dealing with
the style of fencing which faces the open space area. She explained that the Police Department
recommended the fencing be of an open nature giving the residents a view of the activities
occurring in the open spaces in an effort to monitor security in that area. She added that the
Community Development Department staff thought it should not be expected that the citizens be
required to conduct surveillance.
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13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche stated her support for the project. She noted her approval of thc
architectural style, clarifying that the backs and the sides of the houses would reflect this
architecture. She also asked if the City monitors the filling, grading and stability of the land; and
what kind of liability does the City have if the land was not filled correctly.
Public Works Director, Harry Thomas explained that the site had a reclamation plan on it back in
1974; and the lead agency to review the reclamation plan was the County. The City is providing
the oversight of the grading and a soils engineer hired by the developer is to prepare reports to
find that the site is suitable for its intended use. The geotechnical firnl certifies that the land has
been correctly prepared for its intended use; the County certifies that the reclamation plan has
been correctly followed. The City does not certify that the land is buildable.
Councilmember Dumitru asked for clarification on the requirement that lots 1 to 14 have an
open-style fence. He added that open fencing diminishes the privacy of the homeowners. He
also asked about traffic patterns.
Ms. Angus responded that the Planning Commission changed the requirement that lots 1,2 and 3
not be required to have open fencing due to their location at the southerly boundary of the
development abutting the park, giving them more privacy.
Mr. Thomas stated that the traffic study did not reflect any cross traffic from the new project to
the east. He added that changes to the traffic management conditions could occur in the future if
a problem arose.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mr. Frank Elfend, Applicant, submitted recent letters received from neighbors in support of the
project; asked that the condition requiring open style fencing on certain lots be deleted or
modified. He reviewed elements of the 10.5 acre sports park. In response to Council questions,
he noted the park configuration is still in the conceptual stages. It was noted the multi-purpose
room at the proposed park will be similar in size to the one at Olive Park.
Mark Landry, Dunton Street, related his concern with increased traffic and the proposed signal
on Glassell.
Speaking in Favor:
Nanci Townsend, 101 W. Riverdale, President of Tamarind Homeowners Association;
Laurel Mackin, 411 W. Crystalview;
Stacy Germain 2723 N. Pampas;
Phil Lussier, 3141 Driftwood;
Ian Gibson, 3154 Driftwood.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
March 8, 2005
13. PUBLIC HEARINGS (Continued)
Council Comments -
Council complimented the developer's team for their proactive approach to meeting with the
neighbors; commented on the development of the park - noting that it is still in the conceptual
stage; commended the trail system connecting to the existing trails to accommodate the public;
and agreed to remove the restrictions on the fencing.
Council Action -
RESOLUTION NO. 9949
A Resolution of the City Council of the City of Orange approving Tentative Tract Map 16768 to
allow the Subdivision of 73.6 Acres of Land for a Public Park Site, Residential Development,
and Permanent Open Space on property located on the west side of Glassell Street and north of
Lincoln Avenue (Del Rio Planned Community)
Applicant: North Orange Del Rio Land, LLC
MOTION - Mayor Murphy
SECOND - Dumitru
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 9949; with the deletion of Condition No. 85 relating to open
style fencing.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
The City Council recessed to Closed Session at 9:05 p.m.
The City Council adjourned at 9:20 p.m. to an Adjourned Regular Meeting Study Session on
Tuesday, March 15,2005, at 6:00 p.m. in the Weimer Room at City Hall to review FY 2005-06
Budget Goals.
The next Regular Council meeting is scheduled for March 22, 2005.
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