7/26/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON AUGUST 9, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 26, 2005
The City Council of the City of Orange, California convened on July 26, 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 Pastor Dan KeIm, Salem Lutheran Church
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT
ABSENT
Ambriz, Murphy, Cavecche, Dumitru
Smith (Councilmember Smith arrived at 4:45 p.m.)
1.4 PRESENT A TIONSI ANNOUNCEMENTSI INTRODUCTIONS
Presentation of Government Finance Officers Association Distinguished Budget
Presentation Award to Leila Hoopii, Financial Analyst and Barbara Messick, Senior
Assistant to the City Manager.
Employee Service Awards - The following employees received recognition for their
years of service to the City:
Fire Department -- Suzy Goodrich - 5 years; Frank Frasz - 30 years.
Finance Department - Rich Jacobs - 5 years; Josie Kauo - IS years.
Police Department - Carolina Andretta - 5 years; Sandra Taylor - IS years;
Scott Trausch - 5 years; Jerry Burgess - 30 years.
Librarv - Angela Scherrer - 25 years.
Public Works Department - John Nelson - 10 years; Oswaldo Bernal - IS years;
Dave Allenbach - 20 years.
Announcement - The City Council will adjourn in memory of long-time resident
David Hart, "Planning Commissioner Emeritus." The Council presented a memorial
adjournment certificate and City flag to the family of David Hart.
2.
PUBLIC COMMENTS - None.
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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 Request Council confirmation of warrant registers dated July 7, 12, 14, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, July 12, 2005.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
file the City
Treasurer's Report, period ending June 30, 2005.
3.4
Receive and
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the County of Orange allowing the
County of Orange to resell water to the Orange County Council of the Boy Scouts of
America through a connection at Irvine Park. (A2100.0 Agr-4724)
SUMMARY: The Orange County Council of the Boy Scouts of America is planning to
build an Outdoor Education Camp on property in the unincorporated territory of the
County of Orange adjacent to Irvine Regional Park. Boy Scouts of America has asked
the City to allow it to take water from a hydrant located in Irvine Park and reimburse the
County of Orange for the water.
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for the Resale of Water, and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.6
A First Amendment to an existing professional service contract with a private
consulting firm, WiIldan Associates, to perform the duties of Chief Building Official
including administration and management of the Building Division, including plan
check, permit services, inspection and code enforcement. (A2100.0 Agr-4679.1)
SUMMARY: The goal of the Building Division is to provide quality customer service at
the public counter throughout the business day. The Department has been experiencing a
staff shortage; and the first amendment to the contract will augment this shortage with the
use of a consultant through the end of August.
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service contract with Willdan not to exceed an additional
$30,000, for a total contract amount of $60,000.
FISCAL IMPACT: Funds in the amount of $30,000 are available in the following
account of the Plan Check Administration budget: 100-6033-427800 - Other Contractual
Services.
BIDS
3.7 Bid No. 056-07; SP-3529; Slurry Seal at Various Locations, Fiscal Year 2005-06.
Approval of plans and specifications; request for authorization to advertise for bids.
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the annual street
maintenance slurry seal at various residential streets and Old Towne public parking
facilities. The project is ready to be advertised for bids.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Slurry Seal at Various Locations, Fiscal Year 2005-06.
FISCAL IMP ACT: Funds are budgeted
available in the following accounts:
262-5021-483300-3120 $250,000
540-5028-481105-9607 $ 80,000
in the Capital Improvement Program and are
(Measure M - Local Street Maintenance)
(Old Towne Parking Facility)
3.8
Rejection of Bids - Bid No. 056-01; Project No. SP-3519; Public Parking Lot
Maintenance by Slurry Seal at Various Locations in Old Towne, Fiscal Year 2004-05.
(P2500.0.9)
SUMMARY: The bids were opened on July 7,2005. Two (2) formal bids were received
for this project for $77 ,800 and $90,300.
ACTION: Rejected all bids received for this project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in account 540-5028-481105-9607$80,000 Old Towne Parking Facility
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3. CONSENT CALENDAR (Continued)
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. Eldon Gramley
b. Pacific Bell
c. June Surmeier
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Public Project Contract Bid No. 045-47, Watermain Renewal for 700 E.
Taft Ave. (A2100.0 Agr-4725)
SUMMARY: This contract authorizes the construction of 6-inch and 8-inch water lines
at 700 E. Taft Avenue to John T. Malloy, Inc. of Los Angeles, CA 90023 who is the
lowest responsible bidder.
ACTION: Awarded the contract in the amount of $409,713.00 to John T. Malloy, Inc.,
3032 Bandini Blvd., Los Angeles, CA 90023, and authorized the Mayor and the City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8041-484501-8400 Pipeline Renewal Materials $450,000.00
PURCHASES
3.11 Purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $150,000.00. (C2500.I)
SUMMARY: Request the City Council authorize a $150,000.00 purchase order with
Baker & Taylor, Inc., for print and non-print materials (i.e., books, videos, compact disks,
computer software, etc.) for the Taft and El Modena branch libraries and Main Library.
ACTION: Authorized purchase of print and non-print materials for Orange Public
Library facilities from Baker & Taylor, Inc., in the amount of$150,000.00.
FISCAL IMP ACT: Sufficient funds exist in the following account:
100-2001-443101-0000 - Library Books $150,000.00
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3. CONSENT CALENDAR (Continued)
3.12 Purchase of print and electronic periodical subscription services for Orange Public
Library facilities from Ebsco Subscription Services, in the amount of $50,000.00.
(C2500.I)
SUMMARY: This is a request that the City Council authorize a $50,000.00 purchase
order with Ebsco Subscription Services for print and electronic periodical subscription
services for the Main Library and the Taft and EI Modena Branch Libraries.
ACTION: Authorized purchase of print and electronic periodical subscriptions for
Orange Public Library facilities from Ebsco Subscription Services, in the amount of
$50,000.00.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
100-2001-443101-0000 Books $15,000.00
100-2001-443101-9320 Electronic Resources $35,000.00
RESOLUTIONS
3.13 RESOLUTION NO. 9990 (T1100.0.2)
A Resolution of the City Council of the City of Orange directing the execution of a
Notice of Cancellation of Special Tax Lien Related to Community Facilities District No.
91-2 (Serrano Heights Public Improvements).
ACTION: Approved.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
4.1 Reappointment of Phillip Bonina to the City of Orange Planning Commission; term
to expire June 30, 2009. (C2500.G.2.5.1)
MOTION - Dumitru
SECOND - Bonina
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Phillip Bonina to the City of Orange Planning Commission; term to expire
June 30, 2009.
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5. REPORTS FROM COUNCIL MEMBERS
5.1 Councilmember Dumitru - Request that the Orange City Council direct staff on
proposed changes to ordinances effecting the parking and storage of recreational vehicles
(RV). (A2500.0 ORD-07-04)
Discussion - Councilmember Dumitru stated he wanted to fine tune the RV ordinances. He
detailed the changes he was recommending, including a 20-foot setback from the front property
line with several exemptions for loading and unloading; length of stay within the setback for
visitors; residents who drive RV's as their sole transportation; handicap persons; and persons
owning their property prior to July 7, 1995. He asked that a proposal be brought back to Council
as soon as possible.
Councilmember Smith stated the issue of parking RV's in the City's commercial district should
be addressed as well.
Mayor pro tern Cavecche stated her support for this item if residents owning RV's and storing
them in the correct manner since 1995 are allowed to continue this practice.
Speakers:
Toni Carlton, address on file - Suggested more time was needed to evaluate the current RV
requirements.
William Kerfoot, 1773 Greengrove - Spoke in favor of current regulations.
Dan Slater, address on file - Supported the changes being proposed.
Tom Loughrey, 259 N. Orange - Supported adjustments to the current ordinance.
Steve Phillips, 2157 N. Diamond St. - Opposed the changes and stated that input from
enforcement agencies is needed.
Mil Thornton, address on file - Spoke in opposition to the proposed changes.
Mayor Murphy suggested staff could return with a staff report addressing the specific changes
for Council to consider.
Councilmember Smith added that she wanted a hearing rather than a mandate at this time.
Councilmember Cavecche suggested that the staff could bring back a report at the end of August.
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5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Dumitru
SECOND - Smith
A YES - Smith, Cavecche, Dumitru
NOES - Ambriz, Murphy
Moved to direct staff to report back to Council on August 23, on recommendations/alternatives
to amend the Ordinances regarding commercial district parking of recreational vehicles, and
residential setback requirements, including:
Within 20 feet from the front property line, prohibit parking any recreational vehicle in the front
yard area such that any portion of the vehicle is not within 20 feet of the front property line
subject to the following exemptions:
. Loading and unloading - persons may park in that setback area for two days at a
maximum, no more than four times a month, related to activity of unloading and
loading, incidental for preparing for travel or returning from travel. Extensions can be
granted via the City Manager or his designee. Those extensions would not occur more
than two times within 12 months;
. If this is a person's sole means of transportation. A permit may be obtained for persons
residing at the residence or are handicap who use the RV as their sole means of
transportation;
. Visitors to the area, not to exceed two days in length in the setback area;
. Persons that were compliant with the 1995 Ordinance, and can show proof via
registration of property-land and RV, that they owned prior to July 7,1995 would be
exempt; and that the exemption would not be transferred to new ownership or to new
properties.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Community Development Director regarding Transportation Planning
Project Grant and appropriation offunds. (S3500.A.I0)
SUMMARY: In October 2004 the Community Development Department applied for a
Community-Based Transportation Planning Grant offered by the California Department of
Transportation (Caltrans) to fund an update to the Santa Fe Depot Specific Plan. The City has
been awarded $232,072 for the project. The City Council must adopt a Resolution authorizing
the City Manager to accept the funding in accordance with Caltrans procedures.
Discussion - Community Development Director, Alice Angus reported that Acting Principal
Planner, Anna Pehoushek had initiated the grants which require the City's commitment to
spending the money toward transportation-related planning and community outreach.
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7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Cavecche asked if the City had received the Reduce Orange County Congestion
grant money awarded by the Council of Governments in December, 2004; and commended staff
on the report. She also wanted to ensure that the City worked with Chapman University as a
partner in this proj ect.
Ms. Pehoushek indicated that the money should be received through Caltrans in the month of
August; and noted that Chapman University is a key player in this project.
Councilmember Smith asked about the timing of the Specific Plan and the General Plan
adoption; about the recipient of the money; as well as requesting the community be involved as
much as possible in this plan. She added that this plan should be Orange's plan for its depot, not
a reaction or immediate response to neighboring Chapman University's plan. She requested
some of the money be spent on advanced noticing of meetings and workshops and added the
need to review how quiet-zone intersections could be worked into this plan, as well as retail
expansion needs; parking difficulties in the Old Towne area and affordable housing issues.
Ms. Pehoushek indicated that the General Plan would be adopted first followed by this Specific
Plan. She added that the funding would go to the project consultant team, looking at
infrastructure issues, fiscal issues and different areas to be studied by the experts on the team.
Councilmember Ambriz asked when the City received notice of the award. He also noted the
tie between the General Plan and this Specific Plan. He further asked about the number of
consultant agreements coming before Council to complete the eight tasks to be accomplished,
specifically relating to the tasks of public noticing; indicating a concern with using consultants
for public relations and noticing. He also asked about the deadline for the completion of the
proj ect.
Community Development Director, Alice Angus indicated that $60,000 must go toward
community outreach, which should guarantee a more successful plan. She indicated that the idea
is to hire a company, who will hire sub-consultants, who can address all aspects of the eight tasks
to be accomplished. It was reported that the City has a year and a half to complete the project.
Mayor pro tem Cavecche asked that the Council be briefed on the plan as it develops.
Councilmember Smith asked that the RFP require the consultant to possess knowledge of
historic districts; infill projects; and adaptive reuse.
RESOLUTION NO. 9993
A Resolution of the City Council of the City of Orange authorizing the City Manager to accept a
Community-Based Transportation Planning Project Grant for $232,072 from the California
Department of Transportation, Division of Transportation Planning (Caltrans) and appropriate
the funds to pay for an update to the Santa Fe Depot Specific Plan.
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approved Resolution No. 9993; and authorize an appropnatlOn of $393,072 as
follows: $232,072 from 100-6011-263100-9799 (Caltrans Grant Revenue) and $161,000 from
100-6011-264600-9799 (County Grant Revenue) to 100-6011-426700-9799 (Professional
Services for Santa Fe Depot Specific Plan Update).
7.2 Report from the Interim Economic Development Director on an Affordable Housing
Loan Agreement. (A2100.0 Agr-4726)
SUMMARY: Orange Housing Development Corporation (OHDC) plans to acquire and
rehabilitate a 10-unit apartment building located at 1944 East Wilson Avenue. The total
estimated cost of the project is $1,971,565. Under the terms of the proposed Affordable Housing
Loan Agreement, the City will provide $1,145,574 in federal HOME funds and the Agency will
provide $499,057 Housing Set-Aside funds in the form of a 55-year loan. In return for the
assistance, the units would remain affordable to very low and moderate-income households for a
55-year period.
(See Redevelopment Agency Minutes Item No. 7.1)
Speaker - Toni Carlton, address on file, spoke in support of this item.
Mayor Murphy stated that these types of projects are very important to the City; that
rehabilitation of the older housing stock and it remaining affordable for 55 years is a huge benefit
to the community.
RESOLUTION NO. 9994
A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan
Agreement by and among the City of Orange, Orange Redevelopment Agency and Orange
Housing Development Corporation regarding 1944 East Wilson Avenue and making certain
findings.
MOTION - Murphy
SECOND - Dumitru
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to adopted Resolution No. 9994; transfer $ I 0 I ,682 from account 317-9660-485100- 12 10
(HOME Community Housing Development Organization [CHDO] Funds) and $1,043,892 from
account 317-9660-485100-1250 (HOME Developer Funds) to account number 317-9660-
485702-9219 (HOME - Wilson Avenue 3 Conditional Grant/Loan project account) for the
project. [City]; and transfer $499,057 in Set-Aside funds (Fund 941) from unappropriated
reserves to account 913-9800-485701-9219 (Housing Loan - Wilson Avenue 3 Loan project
account). [Agency]
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8. REPORTS FROM CITY MANAGER - Mr. Sibley briefly reported on the benefits of
the low-income housing project on East Wilson.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary.
Employee Organizations:
Orange Maintenance & Crafts Employees' Association;
Orange Management Association;
Orange Municipal Employees' Association;
Water Department Employees Association; and
Firefighters Association
b. Public Employee Appointment/Recruitment pursuant to Government Code 954957.
Title: City Manager
Public Works Director
c. Conference with legal counsel - existing litigation, pursuant to Government Code
954956.9:
City of Orange v. JeffHambarian, Case No. OCSC 807419
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
ANNOUNCEMENTS -
Mayor Murphy announced that in closed session, the City Council unanimously appointed
Interim City Manager, John Sibley as the City Manager and welcomed John in his new capacity.
Mr. Sibley thanked Council and stated his desire to do the very best job possible as the Orange
City Manager.
Mayor Murphy announced that Councilmember Ambriz is absent due to traveling to represent
Orange at a conference. He also indicated that mayor pro tern Cavecche recused herself from
hearing the appeal, Item 13.1, due to a conflict of interest.
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12. PUBLIC COMMENTS
Anja Friday, 731 W. Cully Dr. - Spoke in opposition to the General Plan proposal to rezone their
street from Residential to Light Industrial.
Dorthy Stewart, address on file - Requested Council address the apartments bounded by
Glassell, Hoover and Adams, indicating that this area was a blighted area.
Reggie Mundekis, 2908 E. Wilson - Spoke on alleged cuts to the Code Enforcement Division's
05-06 budget; requesting an audit to be performed and made available to the public.
13. PUBLIC HEARINGS
13.1 APPEAL NO. 501-05 - CONDITIONAL USE PERMIT (CUP) 2511-04 -
CREEKSIDE CHRISTIAN SCHOOL. (A4000.0 APP-501-05)
Time set for public hearing to consider an appeal, by Michael Worcester, of the Planning
Commission's decision to adopt Mitigated Negative Declaration No. 1748-05 and approve CUP
No. 2511-04; a proposal to expand the current private school use of a developed property from
75 students to 150 students in grades K-8, by utilizing the existing classrooms and grounds
maintained by a church (First Christian Church of Orange).
NOTE: Negative Declaration No. 1748-05 was prepared to evaluate the potential environmental
impacts of the proposed project in accordance with the provisions of the California
Environmental Quality Act.
Reason for Appeal: "A conditional use permit shall not be granted if it will cause deterioration
of bordering land uses.
. In one years time the number of children has increased from 20 (1/2 day) to 75 (all day)
and now to 150 (all day). This is a greatly expanded and intensified use and significantly
impacts the neighbors' privacy and noise environments.
. The proposed mitigation for privacy (Condition No. II) is inadequate and not permanent.
. Noise impacts never considered the changes in ambient environment."
Discussion - Community Development Director, Alice Angus gave a brief staff report on the
Planning Commission's approval of the CUP and indicated that the Commission's resolution
contained 12 conditions for the approval, including a wall on the eastern and southern
boundaries; and landscaping to buffer the noise and offer privacy to the neighboring homes
affected by the expansion of the school's population. Also included are the earliest possible start
and dismissal times-staggering times with the neighboring Cambridge Elementary School's
times; as well as times for drop-off and pick-up of students. She reported that technical
consultants prepared a traffic and noise study; and that the noise did not exceed the residential
threshold.
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13. PUBLIC HEARINGS (Continued)
Council Ouestions
Councilmember Dumitru asked when the original CUP had been granted for the educational
institution; and if that CUP had been updated since the original issuance.
Ms. Angus reported that the school was granted a CUP in 1975; that an update has not occurred
since; and that there were only a few conditions imposed in 1975.
Councilmember Smith asked for information about the church's current fence.
Ms. Angus stated that the church's block wall has a damaged segment, and an unfinished
segment, as well as segments of differing heights. She added that First Christian Church of
Orange has entitlement to the land and is responsible for the maintenance of the block wall
fence.
THE MAYOR OPENED THE PUBLIC HEARING
Appellant - Mike Worcester stated that his appeal was an attempt to fine tune the CUP to be
more acceptable to the neighborhood. He indicated that in 1960 when the church was built, the
five-foot wall was a requirement to be built along the eastern border of the property. In 1975, the
back wall was raised to five and a half feet to accommodate the new school.
He addressed the need for the wall and the landscaping to mitigate the impacts on neighbors'
back and front yards, as the landscaping will take too long to function as the buffer it is designed
to be. He added that the solution provided by a hired consultant was determined to be an eight-
foot wall. He requested this modification to Condition No. 12 of the CUP. He added that this
would nullify the need for landscaping.
Mr. Worcester, in response to Councilmember Smith who asked if the neighbors had considered
paying for some of the cost of the eight-foot fence, indicated that the additional wall is driven by
the intensity of the proposed expansion and the church should bear the cost of the additional
wall.
Applicant - George Bragg, Chairman of the Board of Trustees of Creekside School, stated that
currently 30 of the 104 students are housed at another facility due to lack of space. He further
summarized the process the school has followed in obtaining the Planning Commission's
approval of the CUP, adding that the cost for the mitigation plans amounts to approximately
$100,000. He compared the exterior chain link fence of the public school across the street, with
an estimated enrollment of 400-600 students, to the requirement for the block wall at Creekside
School; requesting that no more burden be placed on Creekside School beyond the approved
CUP conditions. He further requested that the same amount of time, 100 days, be given to the
school to complete the mitigation measures, yet still allow the school to open on September 7.
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13. PUBLIC HEARINGS (Continued)
Speaking in support of the school:
Joe Perring, 1130 E. Walnut
Jason Burris, 5809 E. San Juan
Claudia Burris, 5809 E. San Juan
Marilyn Buchtel, 1439 E. Rose
Danielle Jacobs, 560 N. Milford
Wayne Arnold, 2334 N. Rockridge
Marci Claudius, 1108 W. Trinity
Richard Vogel, 9272 Tritt Circle, Villa Park
Tim Kistler, 6401-54 E. Nohl Ranch Road
Rich Martin, 5321 Strasbourg, Irvine
Darrell Williams, 1910 W. Palmyra Avenue
Judith Hollister Kenney, 700 W. La Veta Avenue
Speaking in support of the appeal:
Jim Gary, 1107 E. Sycamore
Councilmember Smith asked for clarification on the height of the wall, suggesting that the school
could build a seven-foot high wall; and stated that the condition allowing only 55 students use of
the playground at a time elongated the timeframe for noise.
Appellant, Mike Worcester indicated that it would take three more layers of bricks to get an
eight-foot wall. He indicated that the neighbors are not opposed to the school opening on
September 7, but the request is for reduction in noise by approving the CUP with the change in
the mitigation to require an eight-foot wall. He added that if the wall is not eight feel then the
landscaping is necessary for privacy issues also; and reiterated that it is unreasonable to ask the
neighbors to help pay for the wall.
THE MAYOR CLOSED THE PUBLIC HEARING
Councilmember Dumitru asked about the process for an eight foot wall
City Attorney, David DeBerry indicated an eight foot wall would require a Variance, which
would need to go back through the Planning Commission for a hearing.
Mayor Murphy noted that the City has no jurisdiction over the public schools. However, the
City can place conditions on private schools. He noted there seems to be a desire for an eight-
foot wall, but not to share the cost on the part of the neighbors. He also reiterated that the
Planning Commission approved the CUP with the six-foot wall and landscaping conditions,
which meets the requirements. He suggested that the school be allowed to open on time while an
8-foot wall is discussed. He suggested the school and the neighbors get together to work out the
8-foot wall and landscaping issue and the costs involved. He added that the criteria for the
Negative Declaration and the CUP were met.
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13. PUBLIC HEARINGS (Continued)
Councilmember Smith stated her concern that a higher-than six-foot fence would create
problems for the Police Department-adding that a seven-foot fence might be a better option.
She then stated her agreement with the time extension for the school to build the wall; suggested
a sharing of the cost and/or fundraising; asked if an eight-foot wall was required along the entire
eastern boundary; and suggested the names of a few fast-growing shrubs; as well as stated a
desire to know the Police Department's thoughts about an eight-foot wall.
Ms. Angus responded that the need was not for a sound-mitigating wall, but rather to provide
privacy, aesthetics, and address visibility concerns.
Councilmember Dumitru agreed to the September 7th start date for the school. He asked for
clarification on the parking lot meeting the minimum requirements for parking for the larger
school operation; and how the traffic situation will impact the neighborhood; as well as a need to
maintain landscaping.
Ms. Angus responded that there is more than adequate parking and the traffic study revealed no
significant impacts on Walnut Avenue. She added that the report revealed the need for a drop-
off/pick-up plan at Walnut to be striped and monitored. She added that the Planning
Commission decision called for a landscape plan, including maintenance.
Mayor Murphy stated his desire to approve the CUP with direction to the parties to work out the
extra two-feet height, along with an allowance for a longer period of time to complete these
issues, as well as allow the school to open on September 7th.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Dumitru
ABSENT - Ambriz, Cavecche
Moved approval of Negative Declaration 1748-05.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Dumitru
ABSENT - Ambriz, Cavecche
Moved to deny the appeal and maintain the current CUP language with the following changes:
the wall requirement to be implemented to a date that reflects the findings of this hearing rather
than the date that was originally established by the Planning Commission; provide an option to
both the Appellant and the Applicant to come to an agreement within the next 30 days on a cost
sharing proposal for an eight-foot fence; if an eight-foot fence is agreed upon, the landscaping
conditions can be relaxed. Direct Staff to get an opinion from the Police Department, Crime
Prevention Bureau, on any potential issues involving an eight-foot fence; and to assist both
parties with the process of a variance if an eight-foot fence is desired, allowing the school to
open on September 7th.
PAGE 14
I
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CITY COUNCIL MINUTES
July 26,2005
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 9:00 p.m. in memory of David Hart.
meeting is scheduled for August 9, 2005.
The next Regular Council
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of July 26, 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.
"
~.
MARY:E. MURPHY
CITY CLERK
PAGE 15