7/11/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JULY 25, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 11, 2006
The City Council of the City of Orange, California convened on July 11, 2006 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 Irma Hernandez, Sr. Assistant to the City Manager
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru
ABSENT - None
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Mayor's Award and Library Foundation recognition to Tom Davidson and
Laurie Marine, of Orange Park Acres Friends of the Library, for the group's $25,000
donation to name a Study Room in the expanded new Main Library & History Center.
Presentation from OCT A to award the City of Orange federal grants for bicycle and pedestrian
improvement projects and to provide information on Metrolink Weekends program.
Presentation from California Department of Forestry recognizing the City of Orange as a
Tree City USA.
Recognition to the City of Orange Finance Department, recipient of the Certificate of
Achievement Award for Excellence in Financial Reporting for the Comprehensive Annual
Financial Report.
The City Council will adjourn in memory of Mara Brandman, former City of Orange
Planning Commissioner and long time resident.
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CITY COUNCIL MINUTES
July Il, 2006
2. PUBLIC COMMENTS
Tom Davidson, announced that the County will be holding an Open House for the
Strategic Plan for Parks, Open Space and Trails for the County at Irvine Park on July 12th.
Ashley Armstrong, spoke on Educational Home Programs for foreign exchange students.
Andreas Lachman, Germany, spoke on the Foreign Exchange Program.
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 ofwarraut registers dated June 15 and 22, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, June 27, 2006.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 First Amendment to the License Agreement between the City of Orange and Orange
Tot-Lot Preschool, a parents cooperative. (A21 00.0 Agr-2915.A.l)
SUMMARY: Approval of the proposed First Amendment with the Orange Tot-Lot
Preschool, a parents cooperative, will allow the volunteer based organization to continue to
utilize El Camino Real Park for pre-school activities for the next three years.
ACTION: Approved the First Amendment to the License Agreement with Orange Tot-Lot
Preschool, a parents cooperative, and authorized the Mayor and City Clerk to execute the
Amendment on behalf of the City.
FISCAL IMPACT: Standard administrative and maintenance costs related to the
management of the contract and use ofEI Camino Real Park.
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CITY COUNCIL MINUTES
July 11, 2006
3. CONSENT CALENDAR (Continued)
3.5 Award of Consultant Services Agreement to Transystems, Inc., for construction
management services for Del Rio/RiverBend Park development project. (A2100.0
Agr-4931)
SUMMARY: The proposed consultant services agreement allows for Transystems to be a
City consultant to provide construction management services for the 10.5-acre Del
Rio/RiverBend Park development project. Transystems will work with City staff to
provide construction document review, construction oversight, and act as a liaison between
the Community Services Department and the developer for this project.
ACTION: Approved the consultant services agreement between the City and Transystems
in an amount not to exceed $74,660 for construction management services for Del
Rio/RiverBend Park development project, and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
FISCAL IMPACT: Other than administrative costs, there is no fiscal impact to the
General Fund. The costs associated with the consultant services agreement ($74,660) will
be paid for by the Deposit/Reimbursement Agreement with North Orange Del Rio Land,
LLC.
3.6 Donation Agreement with Imprinted Memories, a California corporation, to accept
donation to the City of a 15 foot x 9 foot tile wall mural artwork valued at $5,123.25
for the Main Library Expansion Project. (A2100.0 Agr-4932)
SUMMARY: This agreement authorizes Imprinted Memories to provide and deliver to
the site of the Main Library expansion 135 tiles that comprise a unique 15 foot x 9 foot tile
wall mural artwork as a donation to the City towards the project. The donation is valued at
$5,123.25.
ACTIONS: Approved the proposed Donation Agreement with Imprinted Memories; and
authorized the Mayor and City Clerk to execute the Agreement on behalf of the City.
FISCAL IMP ACT: There will be no fiscal impact to the general fund. This donation is
valued at $5,123.25 and is considered part of the $4 million being raised by the City of
Orange Public Library Foundation toward the library expansion project. Accordingly,
receipt of the donated tile wall mural artwork will save the City at least $5,123.25, which
the City would otherwise be required to pay if it contracted out for the purchase of the tile
wall mural.
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CITY COUNCIL MINUTES
July Il, 2006
3. CONSENT CALENDAR (Continued)
BIDS
3.7 Project No. SP 3535, Approval of plans and specifications and request authorization
to advertise for bids for construction of Arterial Highway Rehabilitation Program
(AHRP) Project - Bond Avenue from Prospect Street to 400 feet east of Little Lane
(City Boundary). (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Bond Avenue AHRP
Project. The project is ready to be advertised for bids. The estimated construction cost
including 10% of contingencies is $435,000.
ACTION: Approved plans and specifications and authorized advertising for bids for Bond
Avenue AHRP Project.
FISCAL IMP ACT: No fiscal impact at this time. Funds are budgeted and available in the
following accounts:
272-5011-483300-3045 $ 208,000 Gas Tax Bond Avenue
550-50Il-483300-3045 142,480 AHRP Bond Avenue
Upon receipt of public bids, the Public Works Department will return to the City Council
and recommend any funding adjustments and award of contract based on the outcome of
the public bid.
3.8 Approval of Plans and Specifications and authorization to advertise for bids;
Construction of Well 26 - Building and Electrical Control. (C2500.P.3)
SUMMARY: Plans and Specifications have been completed for Well 26 - Building and
Electrical Control. The project is ready to be advertised for bids. The preliminary cost
estimate is $250,000.00.
ACTION: Approved plans and specifications and authorized advertising for the
construction of Well 26 - Building and Electrical Control.
FISCAL IMPACT: No fiscal impact at this time. Staff will return to Council with a
funding recommendation and possible appropriation request upon award of contract.
Funds are budgeted and are currently available in the following account:
601-8011-484101-8118 $68,048.00 Water CIP - Well 26 Construction
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
3.9 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. Ronnie Garcia
b. Joan Serot
c. Dennis Garcia
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Approve Contract Change Order (CCO) No. 1 and Final for Bid No. 056-14 -
Cambridge StreeUPalm Avenue Storm Drain Inlet Improvement and Windes
Drive/Grovewood Lane Drainage Facility Improvement. (A2100.0 Agr-4830)
SUMMARY: This contract change order is the result of changes in the field. The change
order is due to unforeseeable obstructions of the two unmarked sewer laterals that conflict
with 18-inch storm drain installation on Windes Drive and changes during the course of
the project and construction of an additional 3.5-foot catch basin at the southeast corner of
Maple Avenue and Cambridge Street. This change order will increase the cost of the
project in an amount of $ Il ,202.1 O. Additional landscape repair is also required at a cost
of$1,500, making the total increase on this project, $12,702.10.
ACTION: 1) Approved Contract Change Order No.1 in the amount of $11,202.10 to
B.R. Day Construction, Inc., 1686 E. Palm Drive, Covina, CA 91724, and authorized the
Mayor and the City Clerk to execute on behalf of the City; 2) Appropriated $3,711.00
from 550-5021-265600-51 Il to 550-5021-483300-5111; and 3) Appropriated $8,991.1 0
from unallocated Fund 271 to 271-5021-483300-5111.
FISCAL IMP ACT: Upon appropriation, funds are available in the following accounts:
550-5021-483300-51 Il $3,711.00
271-5021-483300-51 Il $8,991.10
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July 11, 2006
3. CONSENT CALENDAR (Continued)
3.11 Final acceptance of Bid No. 056-23; SP-3542; Removal of tank at Fire Headquarters,
and Installation of New Tanks at Fire Station No.3 and No.6 and authorization to
file Notice of Completion with the County Recorder (No staff report reauired).
(A2100.0 Agr-4838)
SUMMARY: Removal of tank at Fire Headquarters, and Installation of New Tanks at Fire
Station No.3 and No.6. The contractor on said job was Jen Industries, Inc.
ACTION: Accepted completion of work and improvements, and authorized release of
retention funds; and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
PURCHASES
3.12 Purchase of a forensic digital enhancement system from Linear Systems and
additional touch screens and keyboards for patrol vehicles from Motorola.
(C2500.K)
SUMMARY: The existing digital enhancement system used by the Forensic Specialist
was purchased in 2004 for $ Il ,450. It is being replaced by technology that allows for
greater detail in fingerprint and crime scene processing. The cost of this new system is
$60,000, including an $8,800 trade-in allowance for the old system. The Police
Department needs to purchase three touch screens and keyboards for the Motorola MW800
mobile data computers currently used in all patrol vehicles. They will be used as spares
when the touch screens and keyboards are being repaired, eliminating a vehicle being
taken out of service.
ACTION: 1) Appropriated $8,000 to account 355-4021-471301 (Federal Asset Forfeiture-
Patrol-Equipment) for the purchase of the touch screens and keyboards; 2) Appropriated
$60,000 to account 355-4034-471301 (Federal Asset Forfeiture-Lab/Property-Equipment)
for the purchase of the forensic digital enhancement system; and 3) Authorized the
purchase of the forensic digital enhancement system from Linear Systems and the touch
screens and keyboards from Motorola as sole source vendors.
FISCAL IMPACT: Unreserved fund balance is available in the Federal Asset Forfeiture
account to fund this appropriation.
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CITY COUNCIL MINUTES
July 11, 2006
3. CONSENT CALENDAR (Continued)
3.13 Purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $155,000.00. (C2500.I)
SUMMARY: Request that the City Council authorize a $155,000.00 purchase order with
Baker & Taylor, Inc., for print and non-print materials (i.e., books, DVDs, compact disks,
computer software, etc.) for the Taft and EI Modena branch libraries and for the Main
Library.
ACTION: Authorized purchase of print and non-print materials for Orange Public Library
facilities from Baker & Taylor, Inc., in the amount of$155,000.00.
FISCAL IMP ACT: Sufficient funds exist in the following account:
100-2001-443101-0000 - Library Books - $155,000.00
3.14 Purchase of print and electronic periodical subscription services for Orange Public
Library facilities from EBSCO Subscription Services, in the amount of $55,000.00.
(C2500.I)
SUMMARY: Request that the City Council authorize a $55,000.00 purchase order with
EBSCO Subscription Services for print and electronic periodical subscription services for
the Main Library and the Taft and El 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$55,000.00.
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
100-2001-443101-0000 - Library Books - $25,000.00
100-2001-443101-9320 - Electronic Resources - $30,000.00
RESOLUTIONS
3.15 RESOLUTION NO. 10099 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciatIOn to
Sergeant Scott Staton of the Orange Police Department and commending him for more
than 30 years ofloya1 and dedicated service.
ACTION: Approved.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointments to the City of Orange Planning Commission.
(C2500.G.2.1)
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to reappoint Robert Imboden to the Orange Planning Commission for a full four-year term
to expire June 30, 2010.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to appoint Scott Steiner to the Orange Planning Commission, to fill the unexpired term of
Ben Pruett, term to expire June 30, 2008.
4.2 Consideration of appointments to the Community Video Advisory Board.
(ORI800.0.28)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to appoint David Cordero and Phil Giraldin to the Community Video Advisory Board;
terms to expire June 30, 2008.
4.3 Consideration of nominations to the Orange Elderly Services Board. (ORI800.0.21)
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to nominate Neil Mansdorf and Richard Alarcon as Council appointments to the Orange
Elderly Services Board of Directors; terms to expire June 30, 2009.
5. REPORTS FROM COUNCILMEMBERS - None.
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CITY COUNCIL MINUTES
July 11, 2006
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director - Award of Public Project Contract - Bid No.
056-45, Water Main Renewal for Fern Street, Hillside Avenue, Lakeside Avenue, Brookside
Avenue, Warbler Place, Hart Street, Mockingbird Place, Oriole Place and Meadowlark
Place. (A2100.0 Agr-4933)
SUMMARY: This contract authorizes the construction of replacement 6 inch and 8 inch
waterlines for Fern Street, Hillside Avenue, Lakeside Avenue, Brookside Avenue, Warbler Place,
Hart Street, Mockingbird Place, Oriole Place and Meadowlark Place. West Valley Construction,
Inc., 10226 Greenleaf Ave., Santa Fe Springs, CA 90670 is the lowest responsible bidder.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to: 1) Appropriate $265,000.00 from unallocated reserves to Account No. 601-8041-
484501-8400. 2) Award the contract in the amount of $831,709.00 to West Valley Construction,
Inc., and authorize the Mayor and City Clerk to execute on behalf of the City.
7.2 Report from Public Works Director - Bid 067-06; Conversion to Water Lube Pumps for
Production Wells; Approval of plans and specifications and authorization to advertise for bids.
(C2500.P.3)
SUMMARY: Plans and specifications have been completed for the conversion of oil lube pumps
to water lube pumps. The project is ready to be advertised for bids.
It was noted that this was a requirement ofthe Department of Health Services.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to: 1) Appropriate $925,000 from unallocated reserves to Account No. 601-8011-484101-
8214 Well Rehabilitation; 2) Approve plans and specifications and authorize advertising for the
Conversion to Water Lube Pumps for Production Wells.
8. REPORTS FROM CITY MANAGER-
City Manager John Sibley reported on the First Shovel Celebration for the Grijalva Park
Gymnasium planned for Thursday, July 20th at 5:00 p.m.
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CITY COUNCIL MINUTES
July 11, 2006
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:30 p.m. The Council did not meet in Closed Session.
a. 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
Jan Chomyn, Old Towne Preservation Association, requested the Council agendize a hearing to
consider a change in zoning to R-1 within Old Towne.
Anne Siebert, requested the Council agendize a hearing to consider a change in zoning to R-l
within Old Towne.
Dan Slater, Pine Street, requested the Council agendize a hearing to consider a change in zoning
to R-l within Old Towne.
13. PUBLIC HEARINGS
13.1 LEVY OF ANNUAL ASSESSMENTS 2006-2007 FISCAL YEAR LANDSCAPE
MAINTENANCE DISTRICT 82-1 (SHADOW RIDGE). (LI200.0 LMD-82-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 82-1, which is located westerly of Meats
Avenue in the vicinity ofMarywood and Shadow Ridge Streets.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for inspection.
The Public Works Director reported that no protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
COUNCIL MOTIONED TO CLOSE THE PUBLIC HEARING.
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CITY COUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Action:
RESOLUTION NO. 10053
A Resolution of the City Council of the City of Orange confirming the diagram and Assessment
and providing for the levy ofthe annual assessment for Special Maintenance District 82-1.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10053.
City Manager was directed to report back on the Landscape Maintenance Districts being managed
by their respective Homeowners Associations.
13.2 LEVY OF ANNUAL ASSESSMENTS 2006-2007 FISCAL YEAR LANDSCAPE
MAINTENANCE DISTRICT 86-2 (SANTIAGO HILLS). (L1200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 86-2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills).
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for inspection.
The Public Works Director reported that no protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
COUNCIL MOTIONED TO CLOSE THE PUBLIC HEARING.
Council Action:
RESOLUTION NO. 10054
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy ofthe annual assessment for Special Maintenance District 86-2.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10054.
City Manager was directed to report back on the Landscape Maintenance Districts being managed
by their respective Homeowners Associations.
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Cll Y CUUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
13.3 LEVY OF ANNUAL ASSESSMENTS 2006-2007 FISCAL YEAR LANDSCAPE
MAINTENANCE DISTRICT 94-1 (SYCAMORE CROSSING). (LI200.0 LMD-94-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 94-1, which is located in the Sycamore
Crossing Tract.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for inspection.
The Public Works Director reported that no protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
COUNCIL MOTIONED TO CLOSE THE PUBLIC HEARING.
Council Action:
RESOLUTION NO. 10097
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-1.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10097.
City Manager was directed to report back on the Landscape Maintenance Districts being managed
by their respective Homeowners Associations.
13.4 APPEAL 507-06, CONDITIONAL USE
WIRELESS) - COUNCILMEMBER JON DUMITRU
(A4000.0 APP-507-06)
PERMIT 2541-05 (CINGULAR
TAPE 2350
Time set for public hearing to consider an appeal of the Planning Commission's decision to
approve the installation of a cellular antenna facility upon property located at 800 N. Cambridge
Street.
Reason for Appeal - So that the City Council could review the proposal for its impact on residents
that live in the surrounding area and the precedence of establishing cellular facilities in residential
neighborhoods.
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CITY COUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
Discussion _ Community Development Director, Alice Angus provided a staff report; noting that
an ordinance adopted in 2005 allowed antennas in residential neighborhoods. This antenna
requires a Conditional Use Permit (CUP) because it exceeds the height limit in a residential zone.
Appellate, Councilmember Dumitru stated that a policy direction for the future was needed to
address cellular antennas being proposed in residential areas. He believed the proposed mono-
pine structure is a prominent feature in the neighborhood.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Jim Todaro, representing Cingular Wireless, 19752 MacArthur Blvd., Irvine, stated that Cingular
changed multiple aspects of the project to comply with the Design Review Committee's
conditions, and increased the branch count on the tree to screen the antenna as part of the Planning
Commission's approval. He stated that the antenna was needed in this area to address a demand
for service that presently exists, and the design would allow for co-location of equipment. He
submitted a letter from an attorney representing Cingular.
Responding to questions from Council, Mr. Todaro stated that the City requires a specific density
of the branches on the antennas; and that under the CUP, Cingular is required to maintain the
antenna as it looks when installed. He further described the problems with installing a flag pole
type of antenna, resulting in reduction in capacity.
Speakinl! in opposition to the cellular antenna:
Comments include: Commercial areas would be more suitable; not suitable for a residential
neighborhood; too high for neighborhood; negative affect on property values; will set a precedence;
business opportunity for the church.
Sybil Low, 803 N. Cambridge
Barbara Chapman, 702 E. Lomita
Paul Cook, 705 E. Lomita
Scott Craig, 825 E. Barkley, submitted flyer with photographs of antennas
Mona Robinette, 769 N. Pine
William Kooyenga, 815 E. Barkley
Verdon Craig, 825 E. Barkley
Edgar Luebbek, 1133 S. Rose
Resident, 644 E. Oakmont
Yvonne Carpenter, North Cambridge
Speakinl! in favor of the cellular antenna:
Comments include: Visually acceptable and blends in with surrounding area; applicant was
required to plant additional trees surrounding the antenna; church property will be enhanced with
additional trees on the property; difficult to find locations for cellular antennas; cellular service is
essential in emergency situations.
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July 11, 2006
13. PUBLIC HEARINGS (Continued)
Robert Graul, 6518 E. St.Germain, Our Saviors Lutheran Church
Jon Califf, 365 N. Harwood
Georgina Califf, 1231 E. Sycamore
Denise Boyd, 1917 Ebonywood
City Attorney, David DeBerry stated that Council has broad discretion to enact zoning laws which
includes height restrictions on buildings and facilities, adding that these laws will be upheld as
long as they are not in conflict or inconsistent with state or federal laws regnlating placement of
wireless facilities. He went on to say that City zoning laws cannot prohibit or have the effect of
prohibiting the provision of personal services for telephone-whether wireless or cable; and that
the City can enact reasonable rules and regulations on the time, place and manner of facilities.
Mr. DeBerry added that the various state and federal laws on wireless facilities and court cases
interpreting those laws is what prompted the City to adopt the new wireless facilities ordinance;
noting that cities that have prohibited these types of facilities in residential areas where coverage
was unavailable sometimes had their ordinances overturned based on being in conflict with state
and federal laws. Relevant questions include whether the applicant has shown that there are no
deteriorating effects to surrounding land uses, and whether the proposed height was necessary,
convenient or simply a less expensive way to provide coverage.
Mr. DeBerry addressed a comment made by a speaker regarding separation of church and state-
indicating that the City is not enacting a law that furthers or prohibits the establishment of
religion. He then addressed certain points raised in a letter from Cingular's attorney which was
submitted for the first time at the City Council hearing. He noted that he agrees with much of
what is contained in the letter, but noted an inconsistency in the attorney's argument in that he
contended on the one hand that the City Council cannot base their decision on who might come
afterwards or some other case, but must base it on the facts of this particular case, while on the
other hand claiming that because a similar facility was approved in a different location, then not
approving this one would be evidence of discrimination. He also noted that while the applicant's
representative contended that the facility would not cause a decrease in neighboring property
values, that outside
that comment Cingular had not presented any evidence of that and that the neighbors felt it would
cause a decrease in their property values.
Appellate, Councilmember Dumitru, stated he was not comfortable allowing the facilities in a
residential neighborhood. He stated that this would be an eyesore and expressed concern for the
deteriorated look of another Mono Pine antenna in town.
He suggested other locations would be more suitable for the combining of facilities to offer cell
power.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Comments
Mayor pro tern Cavecche stated that the Council adopted the new wireless facilities ordinance in
2005 because the City was required to in following state and federal law. She stated she had no
intention of changing this 2005 ordinance, nor did she have a problem with radio frequency
emissions which by law the Council is not allowed to consider in this decision. She further stated
that certain requirements and determinations have to be made to support the issuing of the CUP,
and that two of the requirements have not been met - she agreed that the antenna would visibly
stand out in the neighborhood and the placement does not fit in the neighborhood.
Councilmember Smith stated that the antenna is too tall and exceeds what the City's ordinance
allows and that the open area is not a suitable site. She refuted the Planning Commission findings
_ noting there are other providers of these services should the community choose to avail
themselves to them; that the antenna is a visual intrusion upon its neighborhood; that it was not
the plan for any neighborhood to have 55-foot cellular antennas in proximity of residences; and
that there are other more suitable sites in non-residential areas.
Mayor Murphy stated his concern with the treatment of putting a 55-foot antenna/fake tree in a
residential area, but stated a desire to find a solution to this proposal. He suggested the project
could be denied without prejudice so that the applicant could come back with an alternate design,
treatment or location that would be acceptable in the neighborhood.
Council Action:
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to uphold the Appeal and deny, without prejudice, Conditional Use Permit 2541-05;
allowing the applicant to submit another application with an alternate location, treatment or
design.
13.5 APPEAL 508-06, CONDITIONAL USE PERMIT 2587-06 - KAMRAN
MIRDAMADI (MERIDIAN LIQUOR AND MARKET) A4000.0 APP-508-06)
Time set for public hearing to consider an appeal of the Planning Commission's decision to deny a
Conditional Use Permit to allow off-premise sale of beer, wine and distilled spirits for a new
liquor and market establishment located at 655 S. Main Street, No. 240.
Reason for Appeal:
The crime rate numbers that the Police Dept used in their report was 3 years old and misleading
since in 2004 and 2005 crime rate has been decreased. Also all arguments are based on the
assumption not the facts.
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CITY COUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
Discussion - Community Development Director, Alice Angus provided a staff report.
In response to questions from Mayor pro tern Cavecche, staff noted that a Conditional Use Permit
(CUP) is tied to the property, not the owner; but the City is able to review the Permit and could
initiate a revocation procedure if necessary.
,
Police Sergeant Miller reported that the Police Department had reviewed the project and
recommended denial based on the concentration of liquor sales in the area; noting the crime
statistics in the area did not include Santiago Park in Santa Ana. He added that alcohol
establishments that are freeway close and at the city limits are more likely targets for crime.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Mr. Rick Blake, representing the applicant, 2107 N. Broadway, Santa Ana, addressed the concerns
stated and gave a summary ofthe conditions the owner was willing to agree to:
· No alcohol sales after 10:00 p.m.;
· No exterior advertising of the availability of alcohol;
· No single can sale of domestic or imported Mexican beer;
· Total of20% maximum retail floor space devoted to storage or display;
· Total quarterly alcohol sales not exceeding 30% of dollar volume;
· Windows of the business not obstructing the view to the interior from outside.
Mr. Blake further stated that the applicant is requesting the project be sent back to the Planning
Commission for a more detailed presentation. He added that the store's sales records are required
to be kept and will be easily reviewed by the State Department of Alcohol and Beverage Control
(ABC); and that the owner would be taking the ABC training on liquor sales which includes how
to verifY age of customers, and that there will be surveillance cameras on the premises.
Angela Zarate, 1235 Town & Country road, spoke in favor of the proposed establishment.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Council Comments - Mayor pro tern Cavecche stated the City works very hard at lowering crime,
and tasks the Police Department to accomplish this. She could not support the proposal as she did
not see the necessity when there is already a concentration ofliquor sales in the area.
Mayor Murphy stated that this is not a decision directed at the operator of the establishment, but
that with the CUP being granted to the land, and the uncertainty of possible future operators, it
was necessary to uphold the appeal.
PAr,,1= 11=:
CITY COUNCIL MINUTES
July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Action:
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to deny the appeal and uphold the denial of Conditional Use Permit 2587-06.
14. PLANNING AND ENVIRONMENT
14.1 Request for the trial speed humps on Heim Avenue between Orange-Olive Road and
Canal Street to remain in place on a permanent basis. (S4000.S.6)
SUMMARY: The City Traffic Commission approved the three-month trial of speed humps on
Heim Avenue between Orange-Olive Road and Canal Street, and recommends to the City Council
that the installation remain on a permanent basis.
Public Comments:
The following people spoke in favor of the speed humps:
Will Campbell, 612 E. Heim, spoke on traffic moving faster and faster on these streets;
Gordon Page, 532 E. Heim, requested installation of an additional speed hump;
Tom Mercier, 922 E. Heim, requested installation of additional speed humps and asked for
redesign to reduce noise;
Miriam Heinicke, 705 E. Heim, spoke in favor of the speed humps.
Anthony Grande, 2505 N. Dunbar, spoke in opposition to the speed humps; requested
consideration of a traffic signal at Heim and Orange-Olive.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve the permanent installation of speed humps on Heim Avenue between Orange-
Olive Road and Canal Street.
Staff was directed to provide a written report to Council with an assessment of additional speed
humps along Heim Avenue and a traffic signal at Heim and Orange-Olive Road.
PAGE 17
Lll Y CUUNLlL MINUTh:S
July 11, 2006
15. ADJOURNMENT
The Council adjourned at 10:00 p.m. in memory of Mara Brandman. The next Regular Council
meeting is scheduled for July 25,2006.
Declaration of City Clerk, Mary E. Murphy, declariug postiug of City Couucil ageuda of a regular
meeting of July 11, 2006 at Orange Civic Ceuter kiosk, Police facility at 1107 North Batavia,
Shaffer Park; all of said locatious being in the City of Orange and freely accessible to members of
the public at least 72 hours before commencement of said regular meeting.
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M<\J;('f . URP .
CITY CLERK
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MAYO
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