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8/22/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON SEPTEMBER 12,2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING August 22, 2006 The City Council of the City of Orange, California convened on August 22,2006 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 Pastor Don Palmer, Plaza Bible Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT - ABSENT - Smith, Murphy, Cavecche, Dumitru None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from Pat & Oscar's Restaurant to Bridget Ambriz, on behalf of the Kaitlyn Ambriz Fund - proceeds from the Cheeseburger in Poker Paradise fundraiser. Presentation of Resolution to Ben Pruett, former Planning Commissioner. Presentation of Resolution to Joyce Hansen upon her retirement. Presentation of the Government Finance Officers Association Distinguished Budget Presentation Award for the 2005-2006 Fiscal Year. Presentation of Employee Service Awards to Mario Marin, Library Services, 5 years; and Darlene Striegel, Finance Department, 20 years. Announcements - The Orange International Street Fair begins Friday, September 1st A concert was added to the Concerts in the Park series on August 23rd Mayor Murphy announce the Council will adjourn in memory of Chuck See, long-time Orange volunteer. 2. PUBLIC COMMENTS - None. PAr,F 1 CITY COUNCIL MINUTES August 22, 2006 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 August 3, 8 and 10, 2006. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, August 8, 2006. (C2500.D.4) MOTION - Dumitru SECOND - Cavecche AYES - Murphy, Cavecche, Dumitru ABSTAIN - Smith 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 July 31, 2006. 3.4 Receive and (C2500.F) ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 Second Amended Agreement between the City of Orange and Irvine Ranch Water District (IRWD) for IRWD to provide water service, sewer service, reclaimed water service, and natural treatment system service to Santiago Hills II/East Orange Area. (A2100.0 Agr-0671.2) SUMMARY: This agreement defines responsibilities as agreed upon between the City of Orange and The Irvine Ranch Water District (IRWD) for IRWD to provide water service, sewer service, reclaimed water service, and natural treatment system service to Santiago Hills WEast Orange Area. Discussion - Councilmember Smith requested clarification of the billing procedures and ownership of the 20 water quality basin facilities. PA(.;F? CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) Public Works Director, Gail Farber responded that coordination between the City and IRWD will occur for billing; and added that IRWD will approve the construction of the basins and subsequently the homeowners association (HOA) will acquire ownership. City Manager, John Sibley added that IRWD will perform the utility payment billing and collection with the money being electronically transferred to the City. In response to questions from Councilmember Smith, Mr. Greg Heiertz, IR WD Director of Engineering and Planning, stated that the basins will be constructed according to IRWD's standards and then maintained by the HOA, adding that IRWD will inspect them on an annual basis and after storms, according to provisions of IRWD's agreement with the Irvine Company. He indicated that the ErR states the provisions for construction and maintenance, with the CC&R's stating the responsibilities of the HOA. He added that if problems are discovered during the District's inspection of the basins, they would be conveyed to the HOA with a time period given for correction-in the event the District must make corrections, they will collect costs from the HOA. Mayor pro tern Cavecche noted that the IR WD has a seat on the Orange County Sanitation District (OCSD) board; she also congratulated staff for calling out that any water produced in the city's sphere of influence, stays in its sphere of influence. MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve the agreement and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: None. (REMOVED AND HEARD SEPARATELY) 3.6 Agreement with Kiyoshi E. Yasuki International, Inc., a New York corporation, d.b.a. Key International., for purchase and installation of office furniture for the expanded new Main Library, in an amount not to exceed $352,900.00. (A2100.0 Agr-4951) SUMMARY: The expanded Orange Public Library & History Center will re-open early in 2007. Because the facility will be two and a half times larger than the Main Library used to be, additional office furniture is needed to accommodate increases in staff and services. Library staff prepared and issued a Request For Proposals (RFP), evaluated proposals from two vendors, and recommends an agreement with Kiyoshi E. Yasuki International, Inc., A New York corporation, d.b.a. Key International of Gardena, CA, to provide new office furniture and to install existing office furniture. PAr,F~ CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) Discussion - Councilmember Dumitru asked for clarification of the difference between Items 3.6 and 3.13, both for the purchase of library furniture. Yolanda Moreno, Library Services Manager, stated that Item 3.6 addresses office furniture and Item 3.13 addresses library furniture. She added that the goal is to use as much existing furniture as possible for consistency with the remodeling that occurred several years ago and to control costs. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve the Contract Agreement with Kiyoshi E. Yasuki International, Inc., a New York corporation, d.b.a. Key International and authorized the Mayor to execute and the City Clerk to attest on behalf of the City. FISCAL IMPACT: Funds are currently allocated and available in the following account: 500-2001-481200-9901 $352,900.00 Main Library Expansion 3.7 Award of Consultant Services Agreement to Aquatic Design Group for the Engineering and Design Services for Hart Park PoollDeck Renovation (C.I.P. No. 0025) and appropriation offunds. (A2100.0 Agr-4952) SUMMARY: The Hart Park PoollDeck requires renovation. The first step is to hire a pool engineer to create a schematic design and prepare the necessary construction documents for the project. Aquatic Design Group has been selected in an amount not to exceed $113,600. The actual costs exceeded the cost estimate by $17,600, therefore, an additional appropriation of funds is required. ACTION: I) Approved the Consultant Services Agreement between the City and Aquatic Design Group in an amount not to exceed $113,600 for the engineering and design services for the Hart Park Pool/Deck Renovation; 2) Authorized an appropriation of $17,600 from unreserved Fund 511 (Park Acquisition & Development-Quimby) to 511-7021-481200-0025 (Hart Park PoollDeck Renovation) and; 3) Authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Upon appropriation, sufficient funds are available in the following account: 511-7021-481200-0025 (Hart Park Pool/Deck Renovation) $144,000 PA(.;F4 CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) 3.8 Ratify City Manager's execution of a rental agreement with Trane Company of Los Angeles in the amount of $20,300 per month for two months for a temporary 300- ton air conditioning unit for the City of Orange Police Facility. (A2100.0 Agr-4953) SUMMARY: On Friday, August 4'\ the HV AC system at the Police Department failed. Low volume household air conditioning units were brought in and placed at critical locations (911 Dispatch, Watch Commander, Records and the Computer Center) while system diagnostics took place. A temporary 300-ton AC unit was needed immediately to replace the two failed compressors and to cool the police facility for normal operations. In accordance with the Orange Municipal Code, an emergency rental contract agreement has been initiated with the Trane Company of Los Angeles. The rental cost will be $20,300 per month and it is anticipated that the unit will be in use for approximately two months until a permanent replacement can be installed. ACTION: Ratified City Manager's execution of a rental agreement with Trane Company of Los Angeles in the amount of $20,300 per month for two months for a temporary 300- ton air conditioning unit. FISCAL IMPACT: Funds are available in Fund 725-5028-481200-9823 Police HQ HV AC System Renewal Account. 3.9 Consultant Services Agreement with Hogle-Ireland, Inc. and a Cooperation Agreement between the City and Redevelopment Agency. (A2100.0 Agr-4954) (See related item on Redevelopment Agency Minutes Item No. 3.3) SUMMARY: The goal ofthe Planning Division is to provide quality professional planning services. The division is currently experiencing an increase in planning applications filed as well as a staff shortage. This contract will augment existing staff with the use of professional planning consultants during this fiscal year and to expedite planning services for Economic Development and Redevelopment projects. ACTION: I) Approved and authorized the Mayor and City Clerk to execute an agreement with Hogle-Ireland, Inc., not to exceed $140,000; and 2) Approved the Cooperation Agreement between the City and Redevelopment Agency for the Agency to pay for a portion of the costs associated with the Consultant Services Agreement with Hogle-Ireland. FISCAL IMPACT: Funds in the amount of $90,000 are available in the following account of the Current Planning Division's budget: 100-6021-426700 - Other Professional and Consulting Services. These funds are from salary savings based on current vacancies. For the Current Planning work the cost for the contract planners will be reimbursed by the applicants. An additional $50,000 in funds from Orange Redevelopment Agency will be added to the contract from the following accounts: 941-9800-426700 and 940-9800- 426700 (Other Professional and Consulting Services accounts). PA(.;F S CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) APPROPRIATIONS 3.10 Appropriation of funds received from Santa Ana College for Fire Department training. (C2500.H) SUMMARY: Santa Ana College offered a program which paid the Fire Department $2.50 per person for each hour of training provided. The Fire Department recently received a check in the amount of $28,110.00 from Santa Ana College. It is recommended that this money be appropriated for use in improving the Fire Department's overall training program. ACTION: Appropriated the following from the unreserved balance of the General Fund: 100-3023-429400-2533 $28, II 0.00 Santa Ana Fire Training . FISCAL IMPACT: None, grant funds have already been received from Santa Ana College. 3.11 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. Automobile Club - subrogation claim of Kimberly Thiel ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.12 Final Acceptance of Bid No. 045-28; Reservoir 4 Pump Station and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-4641) SUMMARY: Bid No. 045-28; Reservoir 4 Pump Station. The contractor on said job was Arnaz Engineering Contractor, Inc. ACTION: Accepted public work improvements; authorized release of Merchant Building Company, Bond No. CAC41204, in the amount of $830,900.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. PA(;,Ffi CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) PURCHASES (REMOVED AND HEARD SEPARATELY) 3.13 Purchase and installation of library furniture from Buckstaff Company for the expanded Orange Public Library & History Center for $43,558.00. (C2500.I) SUMMARY: Request that the City Council authorize the purchase of library furniture for the expanded Main Library & History Center from Buckstaff Company of Oshkosh, Wisconsin for $43,558.00. Existing Main Library furniture was bought in 1999 from Buckstaff for the then-remodeled facility. Library Services would like to purchase additional furniture from Buckstaffto match the existing furniture. (See Item 3.6 for discussion) MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to 1) Dispense with the competitive bidding procedures and requirements for the purchase of materials, supplies and equipment set forth in the Orange Municipal Code for the purchase and installation of certain library furniture from Buckstaff Company; and 2) Authorize purchase from Buckstaff Company of library furniture for the expanded Main Library & History Center at a cost of $43,558.00. FISCAL IMPACT: Funds are currently allocated and available in the following account: 500-2001-481200-9901 $43,558.00 Main Library Expansion 3.14 Purchase of 14 Cardiac Monitor / Defibrillators. (C2500.H) SUMMARY: Request that the City Council authorize purchase of 14 Cardiac Monitor/Defibrillators in the amount of$239,162. ACTION: Authorized purchase of 14 E Series Cardiac Monitor/ Defibrillators from Zoll Medical Corporation in the amount of $239,162. The Fire Department evaluated four models, with the required specifications, manufactured by Medtronic Emergency Response Systems, Philips Medical Systems and Zoll Medical Corporation. FISCAL IMPACT: Sufficient funds are available in Account 120-3021-481302-2530. PA(.;F 7 CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) 3.15 Purchase of 15 Motorola Astro Digital 5000 Fire 800 MHz Portable Radios and reprogram existing handheld and apparatus mounted radio units. (C2500.H) SUMMARY: Request that the City Council authorize the purchase of 15 Portable Radios on a sole source basis for the amount of $77,943.57 and approve $7,000.00 for programming fees. ACTION: Approved the purchase in the amount of $ 77,943.57 for 15 Motorola Astro Digital 5000 Fire 800 MHz Portable Radios and supporting software and $ 7,000.00 for programming fees. FISCAL IMPACT: Sufficient funds are available in Account 120-3021-481302-2525. REPORTS 3.16 Presentation of the FY 06 Year-End Report of Work Plan Progress, Department Highlights and Status of Capital Improvement and Development Projects covering the period of January 1 through June 30,2006. (C2500.E.4) SUMMARY: Each fall, City staff has presented a year-end report to the City Council of departmental performance covering the final half of the fiscal year. This included reports of progress on Work Plans, Department Highlights and Significant Accomplishments, as well as a report on the status of Capital Improvement and Development Projects. Traditionally, staff has also included a summary of the City's financial operations in the year-end report. In an effort to provide more timely progress and status reports to the City Council, the year-end progress report will be presented in advance of the information on the City's financial operations. A separate report of the City's financial operations for FY 06 will be presented to the City Council in late November, following the close of the City's books and subsequent audit. ACTION: Received and filed. FISCAL IMPACT: None. RESOLUTIONS 3.17 RESOLUTION NO. 10111 (C2500.K) A Resolution of the City Council of the City of Orange expressing appreCiatIOn to Lieutenant Bob Green of the Orange Police Department, and commending him for more than twenty-five years ofloyal and dedicated service to the City of Orange. ACTION: Approved. PA(.;F R CITY COUNCIL MINUTES August 22, 2006 3. CONSENT CALENDAR (CONTINUED) 3.18 RESOLUTION NO. 10113 (C2500.J) A Resolution of the City Council of the City of Orange expressing appreciation to Stephen Spain of the Finance Department, and commending him for more than seventeen years of dedicated service to the City of Orange. ACTION: Approved. 3.19 RESOLUTION NO. 10114 (C2500.M) A Resolution of the City Council of the City of Orange authorizing application for the Fiscal Year (FY) 2006/2007 Targeted Rubberized Asphalt Concrete Incentive Grant Program. ACTION: Approved. MOTION - Smith SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru Items 3.2, 3.5, 3.6 and 3.13 were removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY 4.1 Consideration of Council appointments to the Boards of the Transportation Corridor Agency, Orange County Sanitation District and Orange County Vector Control District. (OR1800.0.44.2; OC1300.G.5; OR1800.0.3.20) MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to appoint Mayor pro tern Cavecche as the City's alternate board member to the Transportation Corridor Agency; Councilmember Dumitru as the City's alternate board member to the Orange County Sanitation District; and to continue to no date certain an appointment to the Orange County Vector Control District Board. PAC':::F Q CITY COUNCIL MINUTES August 22, 2006 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Smith - Request staff review of Planning Commissioner stipends; and return with a report to Council. (C2500.G.2.5.1) Councilmember Smith stated that the Planning Commission stipend has not been updated since 1992; and requested a review and comparison to other cities. She suggested a slight increase may be warranted to compensate for the time involved in participation on this commission. City Manager, John Sibley responded that staff will review and report back within 30 days. Off-Agenda item Mayor pro tern Cavecche asked for a report back, for the September 26'h meeting, on the review of the Construction and Demolition Ordinance, adding that the County has raised the rates at the dump. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS TAPE 1270 7.1 Report from the City Attorney - establishing residency and/or employment qualifications for members of City Council created citizen committees. (Continued from Julv 25.2006). (A2500.0 Ord-03-06 Boards Committees Commissions) Discussion - City Attorney, David DeBerry summarized that this ordinance provides that if committee members no longer fulfill requirements, they are to notify the City Clerk and no longer participate in committee decisions. In addition, language changed to require members be residents for the Planning Commission, Community Development Block Grant Committee and Park Planning and Development Commission. He further stated that the Government Code and the City's Municipal Code dictate the provisions that all members serve at the pleasure of the Council and appointments are made by the Mayor. Councilmember Smith suggested the second reading of the ordinance include information, simply stated, regarding appointments made by the Mayor and members serving at the pleasure of the Council. ORDINANCE NO. 03-06 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Chapter 2.55 of the Orange Municipal Code Relating to General Provisions for City Council Created Committees. MOTION SECOND AYES - Dumitru - Cavecche - Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 03-06 be read by title only and same was set for second reading by the preceding vote, to include language regarding appointments being made by the Mayor and members serving at the pleasure of the Council. PA(~F 10 CITY COUNCIL MINUTES August 22, 2006 7. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. 10112 A Resolution of the City Council of the City of Orange Revising Qualifications for Appointment to City Council Created Committees. MOTION SECOND AYES - Dumitru - Cavecche - Smith, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 10112. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9 One potential case b. 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. PAGF 11 CITY COUNCIL MINUTES August 22, 2006 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None. 13. PUBLIC HEARINGS 13.1 DEVELOPMENT AGREEMENT - CA-CITY LIMITED PARTNERSHIP (AN AFFILIATE OF EQUITY OFFICE PROPERTIES). TAPE 2590 (A2100.0 Agr-4545.2) (See related Redevelopment Agency Minutes Item No. 7.1) Time set for public hearing to consider Second Amendment to Development Agreement by and between the City of Orange and CA-The City Limited Partnership for future office development adjacent to the City Plaza and 605 Building office buildings, which are located north of Metropolitan Drive and east of Lewis Street. NOTE: The environmental impacts of the proposal have been previously reviewed by an addendum to Environmental Impact Report 1612-01. Discussion - Community Development Director, Alice Angus summarized that the requested action is needed to maintain entitlement rights for CA-the City Limited Partnership (EOP). She further stated that the Second Amendment would amend terms of the original agreement to allow an extension of time to January 30, 2007 for Orange City Mills Limited Partnership (Mills) and EOP to come to an agreement; and to decide upon the public benefit fees to be paid by EOP for not reaching agreement with Mills. MAYOR MURPHY OPENED THE PUBLIC HEARING. Equity Office Properties Vice-President of Development, Susan Sagy stated that Mills is experiencing corporate financial problems at this time which has delayed EOP from entering into the desired agreement to go forward with the project. She spoke on the market conditions regarding her company's needed parking structure and their willingness to wait for Mills to restructure. She added that it was unlikely that EOP would pay the fees for not reaching an agreement by the deadline, but rather terminate the agreement. Council discussed the status of the ring road and whether it would be effected by the further delay of this project. It was determined that the Orange County Transportation Authority's (OCT A) funding for the ring road was a by-product of the construction of the 22 Freeway and also part of the Circulation Element for the Block; and that the Development Agreement had no bearing on the ring road at the Block. Ms. Sagy spoke on both companies coming to an agreement with OCT A to move forward on each of their piece of the ring road. PAr,F1? CITY COUNCIL MINUTES August 22, 2006 13. PUBLIC HEARINGS (Continued) City Attorney, David DeBerry added that OCT A paid both companies for damages to the circulation pattern as a result of the 22 Freeway widening project; and it was in the best interest of these two companies to reestablish the circulation pattern in front of their locations at the Block. Mayor pro tem Cavecche stated that Mills needs to create access to the center. She indicated that everything hinges on the parking structure and that she believes that EOP has acted in good faith in pursuing negotiations with Mills. She stated that there was no penalty applied to Mills for not reaching an agreement in a certain time period. She stated that she would support the extension and added her desire to know what part of the EOP project could go forward that is not contingent on the parking structure. She further stated that the City needs to be very active with contacting the Mills company to discuss their future. Councilmember Dumitru indicated that the First Amendment had the fees written into it and could have been addressed at that time. He stated he would support the extension, but expressed that the fees should be paid if a Third Amendment was needed. Councilmember Smith agreed that there should have been an incentive (penalty) for the Mills company and added she would support the extension. She indicated that-the Block being on the west side of town-it is worth seeing things move forward at this site which is part of the City's redevelopment area. She added that the City needs to be in contact with the Mills company to push them on this project. She also stated a desire to see the ring road completed. Equity Office Properties Vice-President of Development, Susan Sagy indicated that her company's corporate office could not commit to making a portion of the payments if no agreement was reached with Mills by the end of this extension. She restated EOP is invested in the City, that the incentive is to add value to The Block and that her company's ability to complete the project is an incentive for Mills. MAYOR MURPHY CLOSED THE PUBLIC HEARING. City Manager, John Sibley indicated that the City is in contact with the Mills Company and that EOP has done everything they can to push Mills forward and is requesting one more chance to bring this deal to fruition. Mayor Murphy indicated his frustration at the thought of losing the project, but that the circumstances are not normal that have occurred with Mills and its affect on EOP's project. He indicated that he would grant the extension, but not again at the end of the four months unless the public benefit fees are paid to identified City foundations. PA(1F1;\ CITY COUNCIL MINUTES August 22, 2006 13. PUBLIC HEARINGS (Continued) ORDINANCE NO. 13-06 (FIRST READING) An Ordinance of the City Council of the City of Orange approving a Second Amendment to Development Agreement by and between the City of Orange and CA- The City Limited Partnership for development projects on the City Plaza Two site and the 605 Building site, which are located north of Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and One City Blvd. West). MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 13-06 be read by title only and same was set for second reading by the preceding vote. 14. PLANNING AND ENVIRONMENT TAPE 2400 14.1 APPEAL 509-06 - RICHARD COLEMAN, CAFE LUCCA RESTAURANT. (A4000.0 APP-509-06) SUMMARY: Consideration of an appeal by Richard Coleman of the Planning Commission's decision of June 19,2006, upholding their approval of the Design Review Committee No. 4019- 05 decision of October 17, 2005. The appellant is requesting to keep fayade modifications made without benefit of approval to Cafe Lucca Restaurant, a tenant space located in the Masonic Lodge building at 106 N. Glassell Street within the Old Towne Orange National Registered Historic District. NOTE: The Applicant submitted a letter dated August 18, 2006 requesting a continuance ofthis item. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru Moved to continue to October 10, 2006. PAr,F14 CITY COUNCIL MINUTES August 22, 2006 15. ADJOURNMENT The Council adjourned at 7:50 p.m. in memory of Chuck See. The next Regular City Council meeting is scheduled for September 12,2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 22, 2006 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. ~~~IY =(, CITY CLERK fNAA;l!;;;;t{ MAYOR PA~F1!'i