4/12/2005 - Council Minutes - CC Minutes Reg Meeting
I
I
APPROVED BY THE CITY COUNCIL ON APRIL 26, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 12,2005
The City Council of the City of Orange, California convened on April 12, 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 Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Ambriz, Murphy, Cavecche, Dumitru
ABSENT - None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation of a Mayor's Award to members of the Warne Family Charitable
Foundation to honor their contribution of an endowment for local history materials in the
expanded Main Library & History Center; and recognition by Orange Public Library
Foundation President Doug Willits.
Presentation to representatives of the Woman's Club of Orange and A Splendid Touch
Catering to honor their recent collaborations with Orange Public Library in hosting
special library events for children and families, by Library Services Director Nora Jacob.
Presentation (0 Mr. Steve Bray of Power Plus Utility Services in recognition of his
donation to the Orange Police Department for the purchase of a new police service dog.
Proclamation designating April 2005 as Donate Life Month, and urging all citizens to
participate in the Donate Life Run/Walk event to be held on April 23, 2005.
Recognition of the La Purisima Catholic School 2005 Decathlon Team, Third Place
winners of the Diocese of Orange Academic Decathlon, a competition among
approximately 25 Catholic grade schools in Orange County, and the only school to finish
in the top five in each of the nine years of the competition.
2.
PUBLIC COMMENTS - None.
PAGE 1
CITY COUNCIL MINUTES
April 12, 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 April 12, 2005 at Orange Civic Center kiosk, Police
facility at 1107 North Batavia, Shaffer Park; all of said locations being in the City of
Orange and freely accessible to members 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 March 17, 24 and 31,
2005.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of March 22, 2005 and
Special Meeting of April 4, 2005. (C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Project No. 5324 - Amendment No. 2 to Consultant Services Agreement with
Kabbara Engineering for Taft Avenue and Glassell Street Storm Drain
Improvements Phase I (D-146). (A2100.0 Agr-4216.2)
SUMMARY: This contract amendment is needed to allow the consultant, Kabbara
Engineering, to provide additional engineering services to reduce the construction cost
for Phase I of the project. Additional engineering services will increase the consultant
contract cost by $7,500, from $68,904 to $76,404.
ACTION: Approved Amendment No.2 to Agreement with Kabbara Engineering to
include an increase in the amount of $7,500 and authorized the Mayor and City Clerk to
execute on behalf of the City.
PAGE 2
I
I
CITY COUNCIL MINUTES
April 12,2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in following accounts:
530-5011-483400-5324 $104,900 (Drainage District)
550-5011-483400-5324 $100,500 (OCSD Grant Funds)
Total $205,400
3.6
Third Amendment to Agreement for the Annexation of Unincorporated County
Territory between the County of Orange and the City of Orange. (A2100.0 Agr-
3946.3)
SUMMARY: Pursuant to a request by the County of Orange, the City and the County of
Orange negotiated an agreement for the annexation of the thirteen (13) unincorporated
islands of territory located within the City's corporate boundary. The Third Amendment
reflects the change relating to the Scheduled Project to the County Territory designated as
3-0R-4: Orange-Olive Road and Heim Avenue.
ACTION: Approved the Third Amendment to Agreement for the Annexation of
Unincorporated County Territory and authorized the Mayor to execute, and the City
Clerk to attest, the agreement on behalf of the City; and authorized the City Manager to
carry out and implement the agreement and to administer the City's obligation,
responsibilities and duties to be performed.
FISCAL IMPACT: No Fiscal Impact.
3.7 A first amendment to an existing professional service contract with a private
building plan check firm, CSG Consultants, Inc., to provide on-site and off-site plan
checks, conduct field inspections to determine compliance with City codes and
related public counter services for the Building Division. (A2100.0 Agr-3375.D.l)
SUMMARY: The goal of the Building Division is to provide quality plan checking
services at the public counter throughout the business day and timely field inspections.
The Department has been experiencing a staff shortage, which makes it difficult to meet
that goal. The first amendment to the contract will augment existing staff with the use of
an on-site plan check consultant through the end of the fiscal year.
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service contract with CSG Consultants not to exceed an
additional $60,000, for a total contract amount of S; 140,000.
FISCAL IMPACT: Funds in the amount of $60,000 are available in the following
account of the Plan Check Administration budget: 100-6033-427800 - Other Contractual
Services. The funds are from salary savings based on current vacancies.
PAGE 3
CITY COUNCIL MINUTES
April 12, 2005
3. CONSENT CALENDAR (Continued)
3.8 Consultant Services Agreement between the City of Orange and RBF Consulting for
Regulatory Permit Assistance for the Sports Center/Gymnasium, Aquatic Center
and Community Building at Grijalva Park. (A2100.0 Agr-4663)
SUMMARY: Before the City of Orange can award a contract for grading to
accommodate the Sports Center/Gymnasium, Aquatic Center and Community Building at
Grijalva Park, the City is required to obtain permits from certain federal, state and local
agencies. By entering into a Consultant Services Agreement with RBF Consulting, in an
amount not to exceed $74,020, the City will retain the services of that firm to assist the
City with obtaining necessary regulatory permits.
ACTION: Approved the Consultant Services Agreement between the City and RBF
Consulting in an amount not to exceed $74,020 for the regulatory Permits for the Grijalva
Park Extension Project; and authorized the Mayor to execute, and the City Clerk to
attest, the Consultant Services Agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds are available in Account No. 511-7021-485100-
0151 (Grijalva Park at Santiago Creek)
3.9 Ten-year extension of Contractor Agreement with West Coast Arborists for tree
trimming services. (A2100.0 Agr-2082.B.5)
SUMMARY: The City currently has a contract with West Coast Arborists, Inc. (West
Coast) for citywide tree trimming services. The current contract expires December 31,
2005. West Coast has requested a 10-year extension of the contract to December 31,
2015. West Coast agrees to keep its rates for items of services and work at the current
rate for the entire period of the extension term. The City has had a contract with West
Coast since 1993 and there has never been an increase in the rates for services. The total
amount of the contract for each year of the extension term will be determined by the City
Council, as it has for each preceding year of the contract, as part of the annual budget
approval process.
ACTION: I) Approved the Fifth Amendment to Contract Agreement between the City
and West Coast Arborists, Inc.; and 2) Authorized the Mayor to execute, and the City
Clerk to attest, the Fifth Amendment to Contractor Agreement on behalf of the City.
FISCAL IMP ACT: Funding for current fiscal year is available in the Sanitation Fund
Contractual Services Account No. 220-5022-427100.
PAGE 4
I
I
CITY COUNCIL MINUTES
April 12,2005
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Approve plans and specifications and authorize advertising for bids for the
construction of Water Main Renewal for 700 E. Taft Avenue (W-629). (C2500.M)
SUMMARY: Plans and specifications have been completed for the construction of
Water Main Renewal for 700 E. Taft Avenue (W-629) and are ready to be advertised for
bids. The proposed upgraded waterlines will replace existing aged and deteriorating
waterlines and improve the water supply for domestic and fire protection purposes.
ACTION: Approved plans and specifications and authorized bids for the construction of
Water Main Renewal for 700 E. Taft Avenue (W-629).
FISCAL IMPACT: Funds are budgeted and are available in the following account:
600-8041-484501-8400 Pipeline Renewal Materials $250,000.00
Staff will request an additional appropriation when returning to Council for approval to
award the construction contract, when exact costs of the construction project can be
identified. Unreserved fund balance is available to cover the estimated amount of the
additional appropriation that will be required.
(REMOVED AND HEARD SEPARATELY)
3.11 Purchase of Four Police Patrol Vehicles - Bid No. 045-44. (C2500.M)
SUMMARY: Bids for the purchase of four Ford Crown Victoria Police Patrol Sedans
with ESP Premium Care Warranty are currently being re-advertised. Bids will be opened
on April 7, 2005 and a recommendation will be made for award to the lowest responsible
bidder. The order must be placed by April 21, 2005 to be included in this year's
production run.
Note: Mayor Murphy abstained on this item due to a potential conflict of interest with
his wife's employment.
Discussion
The City Attorney explained there was a need to purchase a fifth vehicle due to a recent
traffic collision.
Staff indicated the City receives approximately $2,500 for used vehicles at auction.
MOTION-
SECOND -
AYES
ABSTAIN -
Cavecche
Smith
Smith, Ambriz, Cavecche, Dumitru
Murphy
PAGE 5
CITY COUNCIL MINUTES
April 12, 2005
3. CONSENT CALENDAR (Continued)
Moved that the need to purchase a fifth patrol vehicle came to the attention of the City
after the posting of the agenda; and that due to the deadline for ordering the vehicles,
there is a need to take immediate action.
MOTION -
SECOND -
AYES
ABST AIN
Cavecche
Smith
Smith, Ambriz, Cavecche, Dumitru
Murphy
Moved to:
1) Authorize the purchase of five Police Patrol Sedans for the Orange Police Department,
including the ESP Premium Care 75,000-mile Warranty, from Villa Park Ford for the
sum of$126,26I.45; and
2) Appropriate funds in the amount of $25,252.29 to account number 720-5023-472 I 02
Motor Vehicle Replacement; and
3) Authorize the City Manager to declare the replaced vehicles surplus and dispose of
them at an auction.
FISCAL IMPACT: There are sufficient funds m account number 720-5023-472102
Motor Vehicle Replacement.
3.12 CLAIMS (C3200.0)
SUMMARY: 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. Diane Locke
b. Mercury Insurance subrogee of Elke Freudenberg
c. George Gollub
d. Rodolfo Ambriz
e. Judy Kidd
f. Estate of Jose Manuel Aguilar Ramos
Note: Councilmember Ambriz reported he was not related to the claimant listed above.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PAGE 6
I
I
CITY COUNCIL MINUTES
April 12,2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Final Acceptance of Bid No. 045-22; SP-3504; ADA Wheelchair Access Ramps at
Various Locations, FY 2004-05 and authorization to file Notice of Completion with
the County Recorder (No staff report reQuired). (A2100.0 Agr-4604)
SUMMARY: Bid No. 045-22; SP-3504; ADA Wheelchair Access Ramps at Various
Locations, FY 2004-05. Staff recommends acceptance of improvements. The contractor
on said job was Kalban, Inc.
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0386403 in the amount of
$68,150.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
DONATIONS
(REMOVED AND HEARD SEPARATELY)
3.14 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 another $500 to the Police Dcpartment.
The Police Explorer Post No. 266 has been selected as the beneficiary of funds.
Discussion
Councilmember Dumitru commended Ms. Chiu for her contribution and commented on
the community's support of the City's youth.
MOTION-
SECOND -
AYES
Dumitru
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
1) Accept the donation of $500 from Ms. Chiu, which has been deposited in account
100-4021-293900-2307 (Patrol K9/SWAT Donations) and appropriated $500 to account
100-4021-443700 (Patrol-Community Support Organizations); and
2) Amend 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 IMPACT: 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 5500 Community Support Organizations
PAGE 7
CITY COUNCIL MINUTES
April 12,2005
3. CONSENT CALENDAR (Continued)
3.15 Accept donation from Mr. Steve Bray of Power Plus Utility Services for the
purchase of a new police service dog for the Police Department's Canine Program.
(C2500.K)
SUMMARY: Mr. Steve Bray of Power Plus Utility Services has donated $7,000 towards
the purchase of a new police service dog for the Orange Police Department's Canine
Program.
ACTION: 1) Accepted the donation of $7,000 from Mr. Steve Bray for deposit into
revenue account 100-4021-293900-2307 (General Fund-Patrol-Donations); and
2) Appropriated $7,000 to account 100-4021-475100-2307 (General Fund-Patrol-Other
Capital Outlay-K9/SW AT Donation) towards the purchase of a new police service dog.
FISCAL IMP ACT: There is no impact to the General Fund as funds have been donated.
PERMITS
3.16 Dirt Hauling Permit for Hensel Phelps Construction Company. (C2500.M.20)
SUMMARY: Hensel Phelps Construction Company is requesting a dirt hauling permit
allowing the export of 60,000 cubic yards of fill material, from the southeast corner of
The City Drive and Chapman Avenue, as part of the UCI Medical Center expansion
project.
ACTION: Approved issuance of a dirt hauling permit for the project located at the
southeast corner of The City Drive and Chapman Avenue, subject to the conditions
recommended by staff.
FISCAL IMP ACT: Will generate $640.00 revenue in permit fees.
PURCHASE OF PROPERTY
3.17 Purchase of a strip of land for street widening at 3221 E. Chapman Avenue (Duke's
Burger). (A2100.0 Agr 4664)
SUMMARY: Acquisition of a small strip of land for widening of the Chapman Avenue
and Prospect Street intersection.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of a strip of property at 3221 E. Chapman Avenue, to be used in
connection with widening the Chapman Avenue and Prospect Street intersection.
Purchase price is $43,650.00 plus related escrow costs.
FISCAL IMPACT: Funds are available in the following account:
550-5011-483300-3226 $43,650.00 Chapman/Prospect Critical Intersection Widening
PAGE 8
I
I
CITY COUNCIL MINUTES
April 12, 2005
3. CONSENT CALENDAR (Continued)
REPORTS
(REMOVED AND HEARD SEPARATELY)
3.18 Approval of New Base Year and AB939 Compliance. (C2500.M.l)
SUMMARY: The California Integrated Waste Management Act of 1989 (AB939)
requires cities and local jurisdictions to divert 50% of total waste generated from the
landfills by the year 2000.
At its March 15, 2005 meeting, the California Integrated Waste Management Board
(CIWMB) approved the City's request to change its base year for compliance with
AB939 from 1990 to 2000. As a result, the City's waste diversion rate exceeds 50% for
each year from 2000 through 2003, the last year for which the CIWMB has completed its
revIew.
Discussion
Councilmember Dumitru asked about the City's policy to promote construction and
demolition (C&D) recycling, tonnage figures, and whether the completion of major
projects, i.e. CalTrans, will result in the City falling out of AB939 compliance due to the
loss of those large amounts of tonnage. He expressed a desire that the City stay above the
compliance requirements.
Public Works Director, Harry Thomas commented on the list of upcoming projects that
should allow the City to maintain these tonnage figures.
Mayor pro tern Cavecche expressed her wish for the proposed C&D Ordinance to be
brought before Council as soon as possible.
MOTION-
SECOND -
AYES
Dumitru
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file with direction to staff to return to Council for adoption of the
Construction and Demolition Waste Ordinance.
FISCAL IMP ACT: None.
PAGE 9
CITY COUNCIL MINUTES
April 12,2005
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.19 RESOLUTION NO. 9952 (S4000.S.3.7)
A Resolution of the City Council of the City of Orange requesting the Orange County
Transportation Authority to allocate combined transportation program funds for
acquisition of right-of-way for the Chapman Avenue/Prospect Street Critical Intersection
Widening Project No. OO-ORNG-IIP- 3141.
ACTION: Approved.
3.20 RESOLUTION NO. 9956 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Mark
D. Wayland of the City of Orange Fire Department and commending him for thirty years
ofloyal and dedicated service.
ACTION: Approved.
3.21 RESOLUTION NO. 9957 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Duane
P. Weiss of the City of Orange Fire Department and commending him for more than
thirty one years of loyal and dedicated service.
ACTION: Approved.
3.22 RESOLUTION NO. 9958 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to George
L. McKinney of the City of Orange Fire Department and commending him for twenty
four years of loyal and dedicated service.
ACTION: Approved.
3.23 RESOLUTION NO. 9959 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Gregory D. Adams of the City of Orange Fire Department and commending him for more
than thirty one years of loyal and dedicated service.
ACTION: Approved.
PAGE 10
I
I
CITY COUNCIL MINUTES
April 12, 2005
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
(REMOVED AND HEARD SEPARATELY)
3.24 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area (downtown area) for a special event. (S4000.S.3.1.2.1)
SUMMARY: The American Cancer Society will host their annual Relay For Life at
Chapman University on May 13-14, 2005. Due to anticipated attendance it may be
necessary to park in the surrounding residential neighborhood, which restricts on-street
parking except by permit.
Discussion
Councilmember Dumitru asked when the flyer on this event would be distributed.
Public Works Director, Harry Thomas explained that the Cancer Society would be
advertising this event.
MOTION -
SECOND -
AYES
Dumitru
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve the request of the American Cancer Society and temporarily suspend
the permit parking restrictions for the following event:
Relay For Life - Friday and Saturday - May 13-14, 2005
FISCAL IMP ACT: None.
(REMOVED AND HEARD SEPARATELY)
3.25 Authorization to close streets / suspend permit parking for Special Events that are
held approximately the same date every year. (S4000.S.4)
RESOLUTION NO. 9943
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
DATE
April 17, 2005
September 1-5,2005
October 27,2005
December 3-4, 2005
April 23, 2006
EVENT - PLAZA CLOSURE
Charity Car Show - Orange Sunrise Rotary
International Street Fair -International Street Fair Committee
Treats In The Streets - Community Services
Christmas Tree Lighting & Candlelight Choir Procession
Charity Car Show (2006) - Orange Sunrise Rotary
PAGE 11
CITY COUNCIL MINUTES
April 12, 2005
3. CONSENT CALENDAR (Continued)
DATE
April 24, 2005
November 3-5, 2005
November 11, 2005
EVENT - STREET CLOSURE
Datsun Z-Car Show - Motorsport Industries
Collins Ave. from Main St. to Batavia St.
St. John's Annual Family Fall Festival
Shaffer St. from Chapman Ave. to Almond Ave.
Veteran's Day Celebration - Community Services
Atchison St. from Chapman Ave. to Maple Ave.
Request to approve suspension of permit parking program, and closure of
municipal parking lot, for certain events and dates occurring in FY 2005-06:
DATE
May 21-22,2005
June 12 & 16,2005
July 3,2005
September 1-5, 2005
November 4-5,2005
DATE
September 1-5,2005
Discussion
EVENT - SUSPEND PERMIT PARKING
Chapman University Commencement
Chapman University Neighborhood Permit Parking Area
Orange High School Baccalaureate & Graduation
Chapman University Neighborhood Permit Parking Area
July 3,d Celebration - Community Services
Permit Parking Areas D & G
International Street Fair - International Street Fair Committee
Chapman University Permit Area (Downtown)
American Celebration - Chapman University
Chapman University Neighborhood Permit Parking Area
CLOSURE OF MUNICIPAL PARKING LOT
International Street Fair - International Street Fair Committee
Municipal Lots J & K
Councilmember Dumitru asked about compensation to the city when municipal parking
lots are closed; and wanted to ensure that the parking lot for the Methodist Church was
available for Sunday service during the Street Fair weekend.
Public Works Director, Harry Thomas indicated that any costs incurred by the City are
reimbursed by the event sponsor.
Councilmember Ambriz pointed out that the City parking lot is used by the Library
Foundation for a fundraising opportunity; that there are costs to the City for City
sponsored events; and suggested the City explore the possibility of holding the Farmer's
Market in the street near the Plaza, on South Glassell.
Mayor Murphy pointed out there is a new parking lot adjacent to the Senior Center which
could be an idea for the Farmer's Market.
PAGE 12
I
I
CITY COUNCIL MINUTES
April 12, 2005
3.
3.26
CONSENT CALENDAR (Continued)
MOTION -
SECOND -
AYES
Dumitru
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
1) Adopt Resolution No. 9943 approving the closure of public streets during the times of
approved special events; and
2) Approve suspension of permit parking and closure of municipal parking lot, for certain
events and dates occurring in FY 2005-06.
A proposal to use the Community Services Van, Unit No.1 145 in the Baker to Vegas
Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. What began as a competition between the Los Angeles Police Department
and the Los Angeles County Sheriffs Department, has grown into an event for law
enforcement agencies nationwide. The Orange Police Department has participated in this
event for over 12 years.
ACTION: Approved the use of Community Services Van, Unit No. 1145, and gas, as a
follow vehicle during the Baker to Vegas Relay Race, April 22 through April 25, 2005.
FISCAL IMP ACT: There is no fiscal impact.
MOTION-
SECOND -
AYES
Cavecche
Smith
Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.11, 3.14, 3.18, 3.24 and 3.25 were removed and heard separately.
Councilmember Ambriz reported he was not related to the claimant listed in Item 3.12.
Mayor Murphy abstained on Item 3.11. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
PAGE 13
CITY COUNCIL MINUTES
April 12, 2005
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 A report from the Public Works Director on Railroad Quiet Zones. (T2200.1.4)
SUMMARY: This report examined Railroad Quiet Zone implementation for the City of Orange,
as well as funding issues.
Discussion
Public Works Director, Harry Thomas reported on the various aspects of implementing the quiet
zones, including types of barriers, staggering costs, funding sources, safety, insurance,
maintenance, and location details. He noted there are 16 grade crossings in Orange with a cost
estimate of about $12.9 million to initiate Quiet Zones, although even that figure is just an
estimate. In addition to capital costs, there are also yearly maintenance costs and liability costs.
With quad gates, the City would need to purchase liability insurance, and there is no solid
information that the City can even get that insurance. There may be OCTA grant money
available, but is very limited; and the City will continue to look at other potential funding
sources, both State and Federal.
Mayor pro tern Cavecche clarified the need for the trains to blow their whistles as a safety
measure due to the lack of adequate barriers at street crossings. She reiterated there needs to be
more research on the insurance and liability issues, and whether the City is able to even purchase
insurance. She expressed appreciation to staff for the information contained in the report and
indicated this was a quality of life issue that the Council is taking very seriously. She stated that
the City has a lot of research to do in finding the funding sources; noting also that OCT A will
continue discussions on this matter
Councilmember Smith stated that the longer this takes, the more costly the project becomes. She
suggested the possibility of using CDBG funds for implementing the zones and/or maintenance
costs; and announced details of a Western Regional Safety Grade Crossing training conference
occurring in May that she would like staff to attend.
Councilmember Dumitru commented that the City of Pomona used Redevelopment funds to
implement quad gates in their redevelopment area; suggesting this could be another option for
funding.
Councilmember Ambriz asked if an analysis had occurred ranking all cities addressing this issue
and where Orange appeared on the list; as well as his belief that liability was a huge issue and
needed to be reflected in the report.
Mayor Murphy commended staff for doing the homework and the level of detail in the report; as
well as making it available to the public. He stated that the work can not be done incrementally
and must be done in large portions and staff needed to stay aggressive in finding funds.
PAGE 14
I
I
CITY COUNCIL MINUTES
April 12, 2005
7. ADMINISTRATIVE REPORTS (Continued)
MOTION-
SECOND -
AYES
Murphy
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
I) Receive and File report;
2) Direct staff to continue seeking potential funding for Quiet Zone implementation;
3) Authorize staff to submit applications for OCT A rail crossing safety funds as the program
becomes available; and
4) Direct Staff to pursue any and all funding sources for this issue.
FISCAL IMPACT: None at this time.
8. REPORTS FROM CITY MANAGER
8.1 Presentation of the Mid-Year 2004-05 Budget Report which includes the period July
1,2004 through December 31, 2004. (C2500.E)
SUMMARY: This Mid-Year Budget Report is intended to inform the City Council of
departmental performance for the quarter, including progress toward the achievement of
departmental goals and completion of major capital improvement projects. The report also
summarizes the results of the City's financial operations.
Discussion
Assistant City Manager, John Sibley, provided a briefreview of the mid year budget.
Mayor pro tern Cavecche stated that a City Council budget goal is to hold a second community
workshop in the Spring and suggested safety and emergency issues could be a topic, with the
focus on preparedness and function. She suggested other Councilmembers forward ideas for a
workshop to the City Manager.
Council discussed the idea of a safety / emergency preparedness workshop; and the possibility of
holding a workshop in conjunction with a Fire Station Open House.
MOTION -
SECOND -
AYES
Murphy
Smith
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file the Mid-Year 2004-05 Budget Report and directed staff to explore
ideas and locations for a community workshop for Spring, 2005.
FISCAL IMP ACT: None.
PAGE 15
CITY COUNCIL MINUTES
April 12, 2005
8. REPORTS FROM CITY MANAGER (Continued)
8.2 Fiscal Year 2004/2005 Mid-Year Budget Adjustments. (C2500.E)
SUMMARY: This mid-year report adjusts a number of budgeted accounts to reflect information
that was either not available or not known when the FY 04-05 budget was adopted. It includes:
the addition of a part-time Stock Clerk position; recommended appropriations from
unappropriated General Fund reserves in the amount of $35,000; appropriations from various
other funds in the amount of $459,470.89 and a General Fund transfer of $22,400 as identified in
the recommendation and background sections of this report, and an adjustment to revenue
budgets in the amount of $955,298 in the General Fund and $583,946 in the Redevelopment
Agency budget.
(See Redevelopment Agency Minutes, Item 6.1)
Discussion
Assistant City Manager, John Sibley highlighted the changes not anticipated when the budget
was adopted.
Councilmember Ambriz expressed concern on the amount of City time that is spent on
fundraising events, especially in tough fiscal times; and suggested some of the employee events
occurring in the city could be partnered with events conducted simultaneously by non-profit
agencies to be more efficient.
Mayor pro tern Cavecche indicated that she wanted to see a comparison of the City to other cities
of the same size with regard to Workers Compensation costs.
MOTION -
SECOND -
AYES
Cavecche
Murphy
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
1) Authorize the addition of a new part-time Stock Clerk position (19 hours/week) in the
Finance Department;
2) Transfer $22,400 from account 100-0000-426700-0000 (Non-Departmental - Other
Professional and Consulting) to 100-1401-443600-0000 (Personnel- Trophies, Proclamations, &
Awards) for the Employee Service Award Program;
3) Appropriate to the following accounts in the Personnel Department from unreserved fund
balance:
. $10,000 to 100-1401-426600 (General Fund - Publicity and Advertising);
. $25,000 to 100-1401-426700 (General Fund - Other Professional and Consulting Services);
. $200,000 to 730-1412-432100 (Workers Compensation Fund) for additional unexpected
medical costs due to industrial injuries and settlements for FY 04-05;
. $11,000 to account 752-1413-426700 (Self Insured Dental Fund) for administrative fees of
the SelfInsured Dental Program.
PAGE 16
I
I
CITY COUNCIL MINUTES
April 12, 2005
8. REPORTS FROM CITY MANAGER (Continued)
4) Appropriate $80,000 to account 710-5023-447200 (Fuel Charges - Fleet Services) from
account 71 0-5023-3102 I I (Fuel Charges to Departments), and authorize the Finance Department
to adjust the fuel allocation budgets for the appropriate departments and funds;
5) Reduce the revenue budgets for additional shifts to the Educational Revenue Augmentation
Fund (ERAF) from both the City and the Redevelopment Agencies in account 100-0000-212500
in the amount of$955,298 and in account 987-0000-212500 in the amount of$583,946; and
6) Appropriate the following from unreserved fund balances to the Economic Development
Agency budget as follows:
. $31,400 from the ORA Merged Debt Service Fund to account 987-9800-434410;
. $126,803 from the ORA Merged Debt Service Fund to account 987-9800-491201
(Transfer Out); and
. $10,267.89 from the HOME fund to account 317-9660-427701-1110.
FISCAL IMPACT: Sufficient funds are available in the various funds and in unappropriated
General Fund reserves to cover these appropriations.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 07-05 (FIRST READING) (A2500.0 ORD 07-05 Massage)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.56 of the Orange
Municipal Code Pertaining to Massage Establishments.
Discussion
City Attorney, David DeBerry summarized the changes being established, including
implementation of a local versus a national test, abolishing the temporary permit, requiring
employee identification, continuing education and reciprocity with other jurisdictions. Also, for
anyone who has a current permit, it will be extended for 30 months and then at that time, they
will have to adhere to the proposed requirements. Anyone with a temporary permit will have to
adhere to the proposed requirements as soon as their temporary permit expires.
Assistant City Attorney, Wayne Winthers, responding to Council questions, stated that the length
of the license is proposed for three years; enforcement will be handled by the Business Licensc
division; testing will occur at the Police Department with the costs borne by the applicant. A
draft of the proposed Ordinance was sent out to all operators in the City and about 30 of them
attended a meeting to discuss the new proposed requirements.
Council noted a discrepancy in the wording about ill's. It was determined that the ill need only
be on a person and not prominently displayed with a full name. Council also noted the efforts of
both the City Attorney's Office and the Police Department in this matter, which will help to
legitimize massage businesses and provide the necessary tools for enforcement.
PAGE 17
CITY COUNCIL MINUTES
April 12,2005
9. LEGAL AFFAIRS (Continued)
Public Comments
All speakers were opposed to City administered testing, stating that the National Exam should be
sufficient.
. Marshall Tanaka, 20 City Blvd West, owner of Past Tense
. Lee Gollnick, 20 City Blvd West, General Manager of Burke Williams
. Deborah Hatch, 348 E. Jacaranda,
. Yolanda Mendiveles, Costa Mesa, Burke Williams employee
. Barbara Sobel, Lincoln Institute
Sergeant Miller, Police Department, indicated problems with the national exam include fraud -
people taking the test who are not the person being licensed, tests being bought and sold, and no
practical application; and that if the City administers the test, there is more control over checking
the identification of those actually taking the test.
MOTlON-
SECOND -
AYES
Murphy
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 07-05 be read by title only and same was set for second reading by
the preceding vote; with the clarification that the sentence in the draft ordinance, "Identification
cards shall be worn on outer clothing with the photo side facing out", be stricken from Section
5.56.080.B.2.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:55 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
Lyn Tam v. City of Orange, Orange County Superior Court Case No. 78 6949
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. Conference with Real Property Negotiators (Government Code Section 54956.8)
Property: Irregular-shaped parcel ofland (1.75:1: acres), a portion of which is
used by the City as part of La Veta Park.
Agency negotiators: David A. De Berry and Ted Reynolds.
Negotiating parties: Sunny Slope Land Co., LLC.
Under negotiation: Price and terms of payment.
PAGE 18
I
I
CITY COUNCIL MINUTES
April 12, 2005
11. RECESS TO CLOSED SESSION (Continued)
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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 FY 2005-06
PROGRAM AND
(C2500.G.l.3)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
HOME INVESTMENT PARTNERSHIPS ACT PROGRAM.
Time set for public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Committee for the City's FY 2005-06 CDBG Program and
HOME Investment Partnerships Act Program. CDBG and HOME funds are allocated annually
to the City by the U.S. Department of Housing and Urban Development (HUD).
Staff Report
Housing Manager, Mary Ellen Laster, gave a report highlighting the money distribution between
the types of programs funded which includes administration costs, public
facilities/improvements/rehabilitation, public services and non-profit agencies. She
acknowledged the CDBG Committee members - Bob Tunstall, Victoria James, Mary Ellen
Manning, Larry Labrado, Fernando Rico and Antonia Castro, and their dedication to carefully
allocating the funds.
Council Ouestions
Council member Ambriz questioned the city programs getting 100% of their requests, yet the
non-profit agencies received a lesser percentage of their requests. He also asked if city programs
are held to the same standards for applying and meeting qualifications required of non-profit
agencies. He stated his concern that the YWCA which sold their building would be able to
continue their program at an alternate site, and requested documentation to show their use of the
funds.
Ms. Laster indicated that if the two city programs had not been fully funded, the shortfall would
impact the City's General Fund. She indicated that the YWCA is confident of their continuing
successful operation of their program at a new location.
PAGE 19
CITY COUNCIL MINUTES
April 12, 2005
13. PUBLIC HEARINGS (Continued)
Councilmember Smith commended the diligence of the committee in spreading the money out to
various groups - including the aged, children, women, and infants. She stated that five of the 11
non-profit agencies were located in the City. She clarified that the committee determined that
Orange residents receive services from the funded agencies located outside of the city.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Tanja Becwar, CSP Youth Shelter
Linda Jensen, Mariposa Women's Center
Sharon Davis, Council on Aging
Robin Li, Council on Aging
MAYOR MURPHY CLOSED THE PUBLIC HEARING
FY 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FUNDING RECOMMENDATIONS
PROJ ECTS/PROGRAMS Amount Recommendation
Reauested
ADMINISTRATION
20% Budget cap is $304,147.
City Departments
Economic Development
Program Administration
Salaries and Benefits, Maintenance and Operations, and Contingency
City Departments' Administration Subtotal 274,662 274,662
Nonprofit Agencies
Orange County Fair Housing Council, Inc.
F air Housing Program
Nonprolit Agencies' Administration Subtotal 29,485 29,485
ADMINISTRATION TOTAL 304,147 304,147
I PROJECTS/PROGRAMS Amount Recommendation
Requested
,
I PUBLIC FACILITIESIIMPROVEMENTS AND
REHABILITATION
City Departments
Public Works (projects listed in priority order)
ADA Access Ramps
Citywide
130,000 130,000
PAGE 20
I
I
CITY COUNCIL MINUTES
PROJECTS/PROGRAMS
Sycamore Avenue Reconstruction
Main Street to Batavia Street
Sycamore Avenue Sewer Improvements
Lime Street to 200 feet easterly
Wayfield Street Reconstruction
Palmyra Avenue to north end
Oak Street Reconstruction
Palmyra Avenue to north end
Shaffer Street Storm Drain Improvements Phase IV
Almond Avenue to Chapman Avenue
Arbor Way Reconstruction
Citrus Street to west end
City Departments' Public Facilities/lmprovemeuts aud Rehabilitatiou
Subtotal
Nonprofit Agencies
Helping Our Mentally III Experienee Success (H.O.M.E.S.), Inc.
Rilev House Rehabilitatiou
Olive Crest Treatment Centers
Palm House RoofReolacement
Rebuilding Together Orange County
Safe at Home 2005-2006
Nonprolit Agencies' Public FacilitieslImprovements and Rehabilitation
Subtotal
PUBLIC FACILITIESIIMPROVEMENTS AND REHAB. TOTAL
PROJECTS/PROGRAMS
PUBLIC SERVICES
15% Budget cap is $ 228,111.
City Departments
Community Services - EI Camino Real, Killefer, Prospect/Grijalva
Communitv Park Programs - Afterschool ProQrams
Police - Bike Team Program
Community Police Pro2:ram
City Departments' Public Services Subtotal
continued
April 12, 2005
Amount
Requested
256,000
82,000
143,000
78,000
300,000
61,000
1,050,000
7,970
10,000
12,000
29,970
1,079,970
38,000
120,000
158,000
Recommendation
256,000
82,000
143,000
78,000
300,000
61,000
1,050,000 I
!
i
7,970
10,000
12,000
29,970
1,079,970
38,000
120,000
158,000
PAGE 21
CITY COUNCIL MINUTES
April 12,2005
Nonprofit Agencies Amount Recommendation
Reauested
Assessment and Treatment Services Center (ATSC)
Youth Counseling Program 15,000 10,000
Assistance League of Orange
Operation School Bell 10,000 9,000
Casa Teresa
Adoption Counseling Program at Hannah's House 15,000 7,500
Colette's Children's Home
Emergency Transitional Shelter 28,800 0
Council on Aging - Orange County
Linkages Case Management Program 10,000 7,500
Community Service Programs, Inc. (CSP)
CSP Youth Shelter 8,000 4,000
Friendly Center Inc., The
Emergency Assistance and Supplemental Food Program 10,000 8,500
Hart Community Homes, Inc.
Life Skills Program 60,000 0
Mariposa Women's Center
Mariposa Family Program 10,000 7,500
Women's Transitional Living Center, Inc. (WTLC)
Independence from Dependence 10,000 7,500
YWCA of Central Orange County
First Steps Transitional Housing 11,735 8,611
Nonprofit Agencies' Public Services Subtotal 188,535 70,111
PUBLIC SERVICES TOTAL 346,535 228,111
GRAND TOTAL 1,730,652 CD 1,612,228
CD Consists ofFY 2005-06 COBG grant in the amount of$I,520, 737 and re-budgeted
FY 2004-05 COBG Contingeney funds in the amount of$91,491
FY 2005-06 Community Development Block Grant (CDBG) Prol!ram
MOTION -
SECOND -
AYES
Murphy
Dumitru
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to: 1) Approve the funding recommendations of the CDBG Program Committee for the
City of Orange FY 2005-06 CDBG Program;
2) Authorize staff to request and receive $1,520,737 in FY 2005-06 CDBG funding from the
United States Department of Housing and Urban Development (HUD), and rebudget $91,491 of
FY 2004-05 CDBG contingency funds for a total FY 2005-06 CDBG Program budget of
$1,612,228;
3) Authorize the City Manager or his designee to execute the FY 2005-06 CDBG Program Grant
Agreement and all related documents on behalfoflhe City; and
4) Authorize the City Manager or his designee to execute Memoranda of Understanding with
City departments, Subrecipient Agreements with nonprofit agencies, and all related FY 2005-06
COBG Program documents.
PAGE 22
I
I
CITY COUNCIL MINUTES
April 12, 2005
13. PUBLIC HEARINGS (Continued)
FY 2005-06 HOME Investment Partnerships Act Proe;ram
MOTION -
SECOND -
AYES
Murphy
Smith
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
I) Authorize staff to request and receive $645,366 in HOME funds from the United States
Department of Housing and Urban Development (HUD) for FY 2005-06; and
2) Authorize the City Manager or his designee to execute the FY 2005-06 HOME Program
Grant Agreement and all related documents on behalf of the City.
13.2 APPEAL NO. 500-05 - CONDITIONAL USE PERMIT 2517-04, MINOR SITE
PLAN REVIEW 360-04, DESIGN REVIEW COMMITTEE 3943-04, AND MITIGATED
NEGATIVE DECLARATION 1738-04 - APPLICANT: SCOTT AND DENISE BOLT,
APPELLANT: CITY COUNCILMEMBER TERESA SMITH. (A4000.0 APP-SOO-05)
Time set for public hearing to consider an Appeal of the Planning Commission's approval of
Conditional Use Permit 2517-04, Minor Site Plan Review 360-04, and Design Review
Committee 3943-04, to construct a 1,160 sq. ft. second-story addition on a one-story residence
located at the southwest corner of Washington Avenue and Shaffer Street (260 S. Shaffer Street).
The existing 1920's Prairie styled, single-family residence is listed as a contributing historic
structure in the City's Historic Building Survey.
NOTE: Mitigated Negative Declaration No. 1738-04 has been prepared for this project in
accordance with provisions of the California Environmental Quality Act per State CEQA
Guidelines Section 15070 et seq.
Reason for Appeal:
I. The entirely visible second story - 59% increase in floor area is too large for
a) existing building; b) with narrow 8- foot setback (north); and c) on the block.
2. Addition DOES NOT follow Old Towne design standards; building design shall be
compatible with existing structure and new additions shall be compatible with other buildings on
block... including height, mass, bulk.
3. Addition DOES NOT follow Secretary of Interior Standards best explained by review of
Planning Commission Staff Report, February 7, 2005, pages 4-45, 46 which clearly states one-
story addition or smaller second-story addition is better.
4. Addition irreversibly alters Old Towne's largest SINGLE STORY Prairie Style which
threatens contributing status on Historic Inventory, creates false sense of Prairie Style historic
architecture.
5. Addition should be out of view per Old Towne and Secretary of the Interior Standards.
PAGE 23
CITY COUNCIL MINUTES
April 12,2005
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
Appellant, Councilmember Teresa Smith stated the purpose of her appeal is to question whether
or not the proposed second story addition to the circa 1920 Prairie style residence is appropriate
in terms of visibility from the street, size of the addition and its compatibility, placement, context
and height with the rest of the house and with the neighborhood. It is possible that the design
approach did not explore all available options for an addition that will better retain the historic
integrity of this contributing structure; and the appeal calls for another look at options. She
reviewed each of her reasons for appealing this project, and presented a discussion and
suggestion of each reason. Her suggestions include reducing the size (height) of the second
story addition or place a single story addition out of view at the rear or south side of the building;
reducing the height of the second story ceiling to eight feet, removing parapets and using a less
conspicuous, lower, flatter, possibly overhang roof. A more simple second story would allow the
bottom story Prairie style to continue to dominate the comer lot.
TAPE 2
Applicant, Scott Bolt, 260 S. Shaffer, stated that he had spoken with experts on historical
structures in exploring all possibilities for an addition, and the proposed addition is the best
possible option and will not compromise the historic integrity of the structure, especially as the
ground floor is remaining as is. He indicated that the remodel permit process began one year ago
ending with the Design Review Committee (DRC) and Planning Commission unanimously
approving the project as it is submitted to Council; noting the current option is actually the one
which the DRC thought would be the most appropriate. He stated a single story addition would
diminish yard space and trees.
Craig Wheeler, 58 Plaza Square, Architect representing applicant, stated that many different
options had been considered for the project. He added the design was structured so if a future
owner wanted to remove the second story, they could do so without altering the original structure
and its historic nature; and a single story addition would ruin the existing windows.
The following people spoke in Favor of the Proiect. Their comments include:
Size of lot can support addition to house; additions, including additional bathrooms, are needed
for growing families; conflict of interest applies to appellant; will not jeopardize historical
significance; will add value to neighborhood; neighborhood should not remain static; the Bolts
have a proven track record of improvements both to this house and to their previous house in Old
Towne; to be a vibrant community, need to be able to attract families and be cognizant of
current needs; merits of project have already been reviewed by DRC and Planning Commission;
architect is well respected in Old Towne;
. Suzanne Schaefer, 504 E. Palmyra
. Mike O'Hara, 236 S. Shaffer
. Diane Von Gerichten, 339 E. Palmyra
. Andy Woodford, 512 E. Palmyra
PAGE 24
CITY COUNCIL MINUTES
April 12, 2005
13. PUBLIC HEARINGS (Continued)
. Ray Clem, 368 S. Shaffer
I . Frank Frisch, 10932 Ivy Lane
. Caroline Casey, 528 E. Palmyra
. Nicole Michaelis, 288 N. Center
. Gayle McCook, 239 S. Center
. Marty Gelbhar, 239 S. Center
. Anne Lundquist, 133 S. Shaffer
The following people spoke in Opposition to the proiect. Their comments include:
Disregard to Historic and Secretary of Interior Standards; Applicants have not been willing to
compromise; Structural impact to existing structure should be analyzed; Conflict of interest
with architect who is a DRC member; needs further study of alternative designs; proposed
addition is not compatible with historic integrity of property; Old Towne Design Standards
need to be adhered to; there are few remaining single story Prairie Style homes; concerns with
precedence;
. Jeff Frankel, Old Towne Preservation Association
. Shawn Howell, 385 S. Glassell
. Jan Chomyn, 315 S. Orange
. Janet Crenshaw, 280 N. Cleveland
. Andrea McCullough, 325 N. Shaffer
. Bruce Sneller, 506 E. Almond
City Attorney, David DeBerry, addressed a point made by a speaker and reported that it was not
a conflict for a DRC member to present a project to other members of the DRC or the Planning
Commission; and it was also not a conflict for a Councilmember to appeal an item to the
Council.
Mr. Bolt reiterated his earlier comment that the DRC and the Planning Commission had
unanimously approved the design.
I
Councilmember Teresa Smith suggested a reworked roofline on the second story. She added that
at the DRC and Planning Commission Meetings, there had been only three of the five members
present. She quoted from the Secretary of Interior Standards which recommends designing a
new addition to make clear what is historic and what is new. She expressed her suggestion was a
compromise and supported the addition of the second story with a lower roof line, and removal
of parapets.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
COUNCIL RECESSED AT 9:45; AND RECONVENED AT 10:00
PAGE 25
CITY COUNCIL MINUTES
April 12, 2005
13. PUBLIC HEARINGS (Continued)
Council Comments
Mayor Murphy commented that although the Secretary of the Interior's Standards and the Old
Towne Design Standards guidelines are well written, they are still subject to interpretation. He
stated a second story addition would be less intrusive than a one story addition, and did not want
to see a loss of yard space or trees. He concurred that the Applicant should not be asked to
reduce the size of the addition either in square footage or internal height, but in order to find a
compromise and a balance, asked the Applicant if they would be agreeable for the Council to
discuss the project with modifications to the roof trim and parapets.
Mayor pro tem Cavecche agreed that a one story addition would ruin one entire side of the
dwelling and the symmetry of the Prairie style; and that if an addition is going to be made, a
second story is the best alternative; although she would be agreeable to a slight design change in
the second story.
Councilmember Dumitru stated he sees Old Towne as a museum - and that while the exhibits
may change, the basic structure does not; and agreed the parapets on the roof line are a bad
design.
The Applicant, and his Architect, agreed to a modified design of the roof line.
Council Action
MOTION -
SECOND -
AYES
Murphy
Cavecche
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to support the proposed second story addition with the following modifications to reduce
the maximum height of the project: 1) Remove the blocking portions of the roof; and 2)
Reduce the parapet height. These modifications will not result in any lowering of the ceiling
height. The final design shall be submitted to the Community Development Director for
approval.
14. PLANNING AND ENVIRONMENT - None.
PAGE 26
I
I
CITY COUNCIL MINUTES
April 12, 2005
15. ADJOURNMENT-
The City Council adjourned at 10:35 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Planning Commission on Monday, April 18, 2005, at 4:00 p.m. in the Council Chambers
to review Traffic, Circulation and Noise considerations for the proposed Santiago Hills III East
Orange development.
The City Council will then adjourn to an Adjourned Regular Meeting, Study Session on
Tuesday, April 19, 2005, at 5:00 p.m. to review proposed Budget Revenues/Expenditures/Fund
Balances for FY 2005-06.
The next Regular Council meeting is scheduled for April 26, 2005.
(tf~{tL-<-~
Y (MURPHY
CITY CLERK
111 ~:K ~:4
MAYOR
PAGE 27