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10/10/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON OCTOBER 24, 2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 10, 2006 The City Council of the City of Orange, California convened on October 10,2006 at 4:30 p.m. in a Regnlar Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Reverend Sandy Freud, New Faith Fellowship of Orange 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cub Scout Pack 51 Webelos, St. John's School 1.3 ROLL CALL PRESENT - ABSENT - Smith, Murphy, Cavecche, Dumitru None. 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of the Orange County Human Relations Commission Annual Report from Board Member Monsignor John Urel1. Announcements - The 35th Annual Mayor's Prayer Breakfast will be held October 26th - guest speaker will be Tim Salmon. Open House at Fire Stations on Saturday, October 14th in celebration of Fire Prevention Week. 2. PUBLIC COMMENTS - None. CITY COUNCIL MINUTES October 10, 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 September 14 and 21, 2006. ACTION: Approved. 3.2 Request approval of City Council Minntes, Regular Meeting September 26, 2006. (C2500.Do4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 304 Project No. 3115; Consultant Services Agreement with Bucknam & Associates for the Pavement Engineering Services and completion of Citywide Pavement Condition Survey. (A2100.0 Agr-4975) SUMMARY: This contract authorizes the Consultant to complete pavement condition surveys, assessment and verification of existing city roadway parameters, integration with City's GIS mapping system, and preparation of final pavement report. ACTION: Awarded contract in the amount of $41,156.00 to Bucknam & Associates, 30131 Town Center Dr, Suite 295, Laguna Niguel, CA 92677, and authorize the Mayor and City Clerk to execute the agreement on behalf ofthe City. FISCAL IMPACT: Funds are available in the following account: 262-5011-483300-3115 $ 75,000 Measure M 2 CITY COUNCIL MINUTES October 10, 2006 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.5 Killefer Site Agreement between Orange Unified School District and the City of Orange. (A2100.0 Agr-4976) SUMMARY: A site agreement between Orange Unified School District and the City of Orange to allow the City to operate Killefer Park located at 615 North Lemon Street, for community recreational purposes. Discussion - Marie Knight, Community Services Director, provided a staff report, noting that this agreement will allow for future improvements. MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru ACTION: Approved KiIlefer site agreement between Orange Unified School District and the City of Orange; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMP ACT: Annual operating costs for maintenance and operation of Killefer Park are approximately $78,295. These costs are accounted for in Fund 100 (General Fund) Community Services Department annual operating budget. (REMOVED AND HEARD SEPARATELY) 3.6 Reciprocal Easement Agreement between Orange Unified School District and the City of Orange for vehicle access and parking at 250 South Yorba Street. (A2100.0 Agr-4977) SUMMARY: An agreement to establish reciprocal easements between Orange Unified School District (District) and the City of Orange to allow: 1) District to have vehicular access through the parking lot at Yorba park to District's newly-constructed parking lot at the Career Education Center (Parks ide School), which is located at 250 South Yorba Street; and 2) the City and members of the general public to use District's parking lot on such days and at such times that the Career Education Center is not open and operating for school purposes. Discussion - In response to Council questions, staff reported that the City will maintain its own property and the School District will maintain theirs. Also, there is a provision for signage and rules and regulations will be established as needed. With regard to liability. the City Attorney reported that the School District agrees to indemnify the City when the District is using city property and vice versa. However, if there were negligence from either party, the responsible party would be liable. 3 CITY COUNCIL MINUTES October 10, 2006 3. CONSENT CALENDAR (Continued) MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru ACTION: 1) Found and determined, as a responsible agency under the California Environmental Quality Act (CEQA), that the Reciprocal Easement Agreement is within that class of projects which consist of the leasing or licensing of existing public facilities involving negligible or no expansion of an existing use; 2) Found and determined that, pursuant to Section 15301 of the State CEQA Guidelines, the approval of the Reciprocal Easement Agreement will not cause a significant effect on the environment and is, therefore. categorically exempt from the provisions of CEQA; and 3) Approved Reciprocal Easement Agreement between Orange Unified School District and the City of Orange, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Other than standard administrative costs, there is no fiscal impact associated with approval of this agreement. (REMOVED AND HEARD SEPARATELY) 3.7 FY 06-07 Animal Control Services Contract with the County of Orange. A2100.0 Agr-0135.S) SUMMARY: The City of Orange contracts with the County of Orange for animal control field and shelter services. The term of this annual renewal is July I, 2006 through June 30, 2007. The contract amount is $387,011. Discussion - Councilmember Smith wanted to ensure there was a provision In the Agreement for the removal of dead animals. MOTION - Smith SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru ACTION: Approved the proposed contract for animal control services between the City of Orange and the County of Orange in the amount of $387,011 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2006-2007 in account number 100-0000-427100-2350 (Non-departmental - Contractual Services - Animal Control). 4 CITY COUNCIL MINUTES October 10, 2006 3. CONSENT CALENDAR (Continued) 3.8 Professional Service Contract for all City Credit Card Services with Wells Fargo Bank N.A. (A2100.0 Agr-4978) SUMMARY: This agreement authorizes the contract for credit card processing services for all City of Orange departments. This agreement is to remain in effect for a one year period with an automatic renewal agreement. ACTION: Approved the agreement with Wells Fargo Bank N.A. and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: All credit card transactions whether at the counter, over the telephone or over the Internet will be processed through this credit card company. The City's current credit card company's annual fees are $60,964. The estimated new City credit card company fees will be an average of $35,091, which is an approximately 57.6% savings or $25,872. This calculation is based upon the City's current total annual credit card transactions of $2.5 million. BIDS 3.9 Approval of plans and specifications for the electrical and lighting upgrades to Eisenhower Park (C.I.P. Project No. 0088), and authorization to advertise for bids. (C2500.M.4.13) SUMMARY: Plans and specifications have been completed for the electrical and lighting upgrades to Eisenhower Park, which include the replacement of the parking lot lighting, pathway lighting, and electrical panels. The project is ready to be advertised. ACTION: Approved plans and specifications and authorized advertising for electrical and lighting upgrades to Eisenhower Park. FISCAL IMP ACT: The current unencumbered balance for the Eisenhower Lighting is: 511-7021-4811 05-0088 (Eisenhower Lighting) $415,385.85 3.10 CLAIMS (3200.0) 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. Wayne Gerson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. 5 CITY COUNCIL MINUTES October 10, 2006 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.11 RESOLUTION NO. 10122 (C2500.J.1.0.1) A Resolution of the City Council of the City of Orange Amending the Master Schedule of Fees and Charges as Authorized by Orange Municipal Code Chapter 3.10 to delete the Sewer Connection Fee. ACTION: Approved. 3.12 RESOLUTION NO. 10126 (C2500.H) A Resolution of the City Council of the City of Orange expressing appreciation to Chief Vince Bonacker of the Orange Fire Department and commending him for more than eight years of loyal and dedicated service. ACTION: Approved. VOTING DESIGNEE 3.13 Designation of Alternate Board Member for the Metro Cities Fire Authority. (OC1300.A) SUMMARY: The Metro Cities Fire Authority, which the City of Orange is a member, provides joint fire dispatching services for seven member agencies. The Authority is governed by a Board of Directors that is comprised of one voting member and alternate from each member city. ACTION: Designated the Senior Assistant to the City Manager as the City's alternate voting board member to the Metro Cities Fire Authority. FISCAL IMPACT: None. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Items 3.5, 3.6 and 3.7 were removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 6 CITY COUNCIL MINUTES October 10, 2006 4. REPORTS FROM MAYOR MURPHY 4.1 Consideration of appointment to the Park Planning & Development Commission. (OR1800.0.10) MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to appoint Tom Davidson to the Park Planning & Development Commission. 4.2 Consideration of appointment to the Orange County Vector Control Board. (OR1800.0.3.20) MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to appoint Michael Merino to the Orange County Vector Control District Board. Off-Agenda Item Mayor Murphy asked the City Mauger to return with a report on the idea of brining back an annual parade to the City of Orange. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS 7.1 Report on Project No. SP 3562, Approval of plans and specifications and request authorization to advertise for bids for construction of Metropolitan Drive Reconstruction Project - Lewis Street to The Block Entrance. (S4000.S.7) SUMMARY: Plans and specifications have been completed for the Metropolitan Drive Reconstruction Project. The project is ready to be advertised for bids. The estimated construction cost is $257,420.00 including contingency and construction engineering. 7 CITY COUNCIL MINUTES October 10, 2006 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru Moved to 1) Approve plans and specifications and authorize advertising for bids for the Metropolitan Drive Reconstruction improvements; and 2) Appropriate $260,000 from Unallocated 272 Fund (Gas Tax) to 272-5011-483300-3062 (Metropolitan Drive Reconstruction) 8. REPORTS FROM CITY MANAGER The City Manager reported on the following: . Three City of Orange Firefighters recently participated in a Stair Climbing Event, climbing 75 stories in full gear; and took Second Place in the event. . There are five new Police Academy graduates for the Orange Police Department . The City Manager provided an update on the Quiet Zone issue, noting that field reviews have been conducted and the data will be released after all Orange County crossings are evaluated. That information will determine costs and City responsibility. . The City Manager reported that City Attorney David DeBerry recently published an article on Boarding Houses and was also appointed to a Legal Advocacy Committee at the State level. The City Attorney provided a status report on the Boarding House issue and the new Ordinances that staff is working on. Council spoke on the Boarding House issue and the need to be more aggressive on this issue, the need for more Code Enforcement staffing, the need for follow up on violations and the need for stricter State legislation. 9. LEGAL AFFAIRS - None. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:25 p.m. The Council did not meet in Closed Session. The City Council will recess to a Closed Session for the following purposes: 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. 8 CITY COUNCIL MINUTES October 10, 2006 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None. 13. PUBLIC HEARINGS 13.1 ZONE CHANGE NO. 1237-06, CONDITIONAL USE PERMIT NO. 2578-06, AND NEGATIVE DECLARATION NO. 1778-06 - SANTIAGO CREEK ORANGE MOBILE HOME PARK. (Z1500.0 ZCG-1237-06) Time set for public hearing to consider a proposal to expand the Santiago Creek Orange Mobile Home Park by incorporating the approximate 0.5-acre parcel within the Park boundaries and improving the 0.5-acre parcel for 6 new manufactured residences. The project site is located northwest of Santiago Creek, 1,000 feet east of Hart Street, and 1,000 feet south of Collins Avenue. MAYOR MURPHY OPENED THE PUBLIC HEARING Bill Cathcart, 134 S. Glassell, representing the Applicant, reported there will be room for RV parking as well as an additional six guest parking spaces; the existing trash enclosure will be expanded; and the transition at the creek will be well landscaped. Speakers Mr. Allen Schievenin asked about construction hours and impacts to current residents. Mr. Dick Judd, spoke in opposition to the expansion; asking that the area be left as a greenbelt. Mr. Cathcart responded that the applicant will provide a final plan to the current residents and will work with them during the construction phase to minimize impacts. Also, as part of the conditions, the applicant is required to provide a water quality plan. Alice Angus, Community Development Director, noted that grading plans and haul routes will be reviewed by staff; and that construction hours will be monitored. MAYOR MURPHY CLOSED THE PUBLIC HEARING Council commented that this will provide six more high quality affordable residential units for the City; that this is a better use for the property than the current R3 zoning; and was glad to see the applicant willing to improve the park and work with the residents during construction. Council Action: MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to Adopt Negative Declaration No. 1778-06 as adequately reviewing the environmental impacts of the proposal and as being prepared in compliance with the California Environmental Quality Act (CEQA). 9 CITY COUNCIL MINUTES October 10, 2006 13. PUBLIC HEARINGS (Continued) ORDINANCE NO. 15-06 (FIRST READING) An Ordinance of the City Council of the City of Orange approving the reclassification of property located northwest of Santiago Creek, east of Hart Street and south of Collins Avenue, from R-3 (Multi-Family Residential) to MH (Mobile Home Residential). Zone Change 1237-06 Applicant: Santiago Creek Orange Mobile Home Park MOTION - Murphy SECOND - Smith AYES - Smith. Murphy, Cavecche, Dumitru Moved that Ordinance No. 15-06 be read by title only and same was set for second reading by the preceding vote. RESOLUTION NO. 10124 A Resolution of the City Council of the City of Orange approving Negative Declaration No. 1778-06 and Conditional Use Permit No. 2758-06, approving the expansion of a mobile home park upon property located northwest of Santiago Creek, east of Hart Street and south of Collins Avenue. Applicant: Santiago Creek Orange Mobile Home Park. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 10124. 13.2 APPEAL NO. 511-06; CONDITIONAL USE PERMIT NO. 2583-06 - WES AND ROBYN METCALF (CHARO CHICKEN). (A4000.0 APP-511-06) TAPE 800 Time set for public hearing to consider an appeal of the Planning Commission's denial of a Conditional Use Permit to allow on-premise sale of beer and wine (Type 41 license) for an existing eating establishment, Charo Chicken, located at 970 North Tustin Street. Note: Project is categorically exempt from the provisions ofCEQA Guidelines 15301 (Class 1 - Existing Facilities). 10 CITY COUNCIL MINUTES October 10, 2006 13. PUBLIC HEARINGS (Continued) Reason for Appeal: Appellant seeks an on-sale beer/wine CUP for a restaurant, which was denied based on crime in the area and the number of licenses already issued. No showing was made that crime was of the type that would be exacerbated by the issuance of a permit for a restaurant that is not open during the late hours. This is a restaurant without a separate bar. The decision was arbitrary in that the number of licenses already issued exceeds the recommended number. There was no showing made that one more license, for a business of this type, would be problematic. Discussion - Community Development Director, Alice Angus provided a brief staff report, indicating that Police statistics show a higher than average crime rate and a high level of beer and wine licenses in the area, which was the basis for the denial of the CUP by the Planning Commission. Councilmember Dumitru noted that there have been a number of closings of restaurants in the area that had served alcohol, and whether that had affected a drop in crime. Police Lieutenant Miller stated that the crime statistics in the report were in error, but that this area still has one of the highest crime rates in the city; and was not sure if the crime rate had dropped since the closing of other businesses. He reviewed the different types of crime which are predominantly alcohol related and the number and types of robberies that had recently occurred in the area. Councilmember Smith asked how often evaluation was made of the number of licenses in any gIven area. Lieutenant Miller indicated that the State Alcohol and Beverage Control Department (ABC) sets the recommended number of licenses based on census tract information, adding that the current recommendation is 5; however, this area now has 10, noting that off-sale and on-sale are dealt with separately. MAYOR MURPHY OPENED THE PUBLIC HEARING. Mr. Bradley Patterson, 18101 Von Karman Ave., Irvine, representing the appellant, stated that the restaurant would not be open during typical high-crime hours. adding there will be video cameras running constantly; and that the patrons would be consuming the alcohol as part of their meal. He added that the employees would receive training in overseeing the consumption of alcohol and that patrons would have to walk up to the counter to order, allowing the employees to observe their manner. Lieutenant Miller, responding to a question by Councilmember Smith, indicated that the condition to require the restaurant to stop selling alcohol one hour before closing could be considered. 11 CITY COUNCIL MINUTES October 10, 2006 13. PUBLIC HEARINGS (Continued) Mayor pro tern Cavecche asked about the employee age requirements relating to serving and selling alcohol. City Attorney, David DeBerry stated that the Business and Professions Code required employees to be 18 years old to serve alcohol in food establishments and 21 years of age to bartend. MAYOR MURPHY CLOSED THE PUBLIC HEARING Council Comments - Councilmember Dumitru stated he would be voting to uphold the appeal and grant the CUP due to the fact that three of the businesses in the area that had sold alcohol have closed and that this is not the type of business people would frequent to consume large quantities of alcohol. Councilmember Smith stated that although she has always upheld the recommendations of the Police Department concerning liquor licenses. she would be voting in favor of granting the CUP, stating that she viewed the business as a fast-food restaurant in which customers were in the establishment for only a short time. She suggested that if approved, the sale of alcohol be stopped one hour before closing. She stated that this area of town is in a redevelopment area and support for establishment of businesses was needed. Mayor pro tem Cavecche stated her support for this type of food establishment, but cited the number of alcohol-related problematic businesses in this area needing to be under control before another license is granted~adding that the license would go with the building. She asked about the possibility of strict conditions on the CUP, such as a time limit. Mayor Murphy stated that the crime rate is already over the average and adding another license would exacerbate the issue. He expressed his support for the business, yet stated he could not support granting the CUP even ifit was for a limited period of time. He indicated if the current problematic businesses are addressed. he could see this coming back for approval. City Attorney, David DeBerry stated his awareness that some cities issue Special Use Permits which have a time expiration; but case law governs that regulations on CUP's cannot expire on their own term, but rather a good reason and a noticed hearing is required to revoke a CUP. Council Action: MOTION - Dumitru SECOND - Smith AYES - Smith, Dumitru NOES - Murphy, Cavecche Moved to uphold the appeal and approve the Conditional Use Permit. MOTION FAILS 12 CITY COUNCIL MINUTES October 10, 2006 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Cavecche AYES - Murphy, Cavecche, Dumitru NOES - Smith Moved to deny the Appeal without prejudice and waIve fees if the applicant re-files an application at a later date. 14. PLANNING AND ENVIRONMENT 14.1 APPEAL NO. 509-06 - RICHARD COLEMAN, CAFE LUCCA RESTAURANT. (Continued from AUl!ust 22. 2006) (A4000.0 APP-509-06) TAPE 2150 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. The Planning Commission's decision affirmed their decision on DRC No. 4019-05 that the project as constructed is inconsistent with the Old Towne Design Standards and the Secretary of the Interior Standards. The fayade constructed included an arched window above the front entrance, recessed entry doors, an awning, and other exterior changes that were not according to the approved plan. The appellant requests design approval of the completed work. Note: Project is categorically exempt from the provisions of CEQA Guidelines 15331 (Historical Resource Restoration and Rehabilitation). Reason for Anneal: Conditions in the field during construction made strict adherence to approved plan impossible/impractical. All changes that were made comply in all material respects with Old Towne Design Standards and the Secretary of the Interior Standards for rehabilitation. Community Development Director, Alice Angus reviewed the original proposal, what was approved by the Planning Commission and what was actually constructed. Council Ouestions - Mayor pro tem Cavecche clarified her understanding that when the applicant's original plan was denied, he changed it to conform to the Planning Staffs recornmendations and received approval from the Planning Commission; however, he built the restaurant based on the original, unapproved plan, along with an awning and additional lighting not on either of the plans. 13 CITY COUNCIL MINUTES October 10, 2006 14. PLANNING AND ENVIRONMENT (Continued) In response to Mayor pro tem Cavecche's question regarding whether building inspections had occurred and whether staff signed off on the project, Mrs. Angus stated that sign offs occurred on the interior of the project, but not the exterior. Councilmember Dumitru clarified that at every level of the approval process, the applicant, Mr. Coleman had been given clear understanding of the project's features that were not acceptable. MAYOR MURPHY OPENED THE PUBLIC HEARING. Appellant, Richard Coleman 106 N. Glassell apologized to the Council for lacking a full appreciation of the approval process. He stated the reasons for the changes to the plan - an awning was needed to address the direct sunlight; his interpretation of the design standards did not preclude the arched transom~arched transoms and windows exist on other businesses in the area; the need for lighting for the patrons; and the bank building across the street using tin in its construction. Councilmember Dumitru clarified with the applicant that the applicant understood the project approval did not include the arches, but that he built them anyway. Councilmember Dumitru then stated that he had a problem with the applicant ignoring the Planning Commission's direction. This is a great restaurant but the design does not fit in the Old Towne district. Councilmember Smith explained the purpose of governing bodies is to gnide the appropriate designs and requirements to allow for projects to fit in an area, especially in an historic district. She stated that the Planning Commission, on June 19, did not disapprove everything that had been buiIt, citing the brick wainscoting, the awning, and some of the lighting. She further stated that the action of not following approved plans would set a precedent if allowed to remain as is; and allowing buildings not true to historic design can jeopardize the city's status with the National Historic Register. Mayor Murphy clarified that a photo submitted by Mr. Coleman as part of his supporting evidence was in fact not of his building, but a building on East Chapman Avenue. Speakers: Leason Pomeroy, 158 N. Glassell, spoke in favor of the project. Jeff Frankel, Old Towne Preservation Association spoke in opposition to the project. Appellant, Mr. Coleman stated that he felt that the design standards for historic districts were being met, and that his intention was to come back to the Planning Department for approval. He stated he felt there existed a genuine difference in the interpretation of the design standards. Councilmember Dumitru questioned whether the access to the restaurant was built to meet ADA requirements. 14 CITY COUNCIL MINUTES October 10,2006 14. PLANNING AND ENVIRONMENT (Continued) Councilmember Smith commented that Mr. Coleman submitted a plan and received approval, but built something entirely different. She stated her desire to uphold the Planning Commission's decision. Mayor pro tem Cavecche stated that approved plans must be adhered to. She stated that the Council has been accused of being too strict with the Old Towne area, but whether it is a building in Old Towne or any other area of the City, compliance with the approved plan is mandatory. Mayor Murphy interjected that the building of the project seemed to take on the design-build concept~the approved plan evolved as the work progressed with the applicant hoping that the changes would receive approval after the fact. MAYOR MURPHY CLOSED THE PUBLIC HEARING Council Comments - Councilmember Smith clarified that what has been approved for the project is spelled out in the conditions of approval found in the Planning Commission Staff Report and the June 19th Planning Commission minutes; and clarified one of the original conditions, eliminating the arched window element and providing for a new glass transom in the lower half of the existing stucco opening~transom to be a minimum of two feet, six inches high and extend across the front fayade. In response to comments by Mayor pro tem Cavecche, Community Development Director, Alice Angus described the work of the design collaborative with regard to this building and indicated that the goal of the Collaborative was to create some continuity with other buildings on the block and restore the building to what it may have looked like in the early 1900's. She compared this building with other restaurants in the Old Towne business district and their special features; and she explained that the goal was to pay respect to the past and keep the same building lines when evidence was presented that the building had certain features for a historic period of time. She also noted that staff stands by the original recommendation that the arch transoms are not appropriate for the historical building. Mrs. Angus spoke to the Mayor's question regarding the signage requirement, stating that the design standards allow for a sign on the fringe portion of the awning~not the angled portion. She stated that the approved plan called for a flat sign on the building and no awning was included. Council discussed the merits of opening the front of the restaurant up similar to Gabbi's restaurant, if the historic record of this option could be proven; their concern that changes to the fayade may affect the building's status in the historic district; and concern with the building inspectors not correcting the progress of the work. 15 CITY COUNCIL MINUTES October 10, 2006 14. PLANNING AND ENVIRONMENT (Continued) City Attorney, David DeBerry stated that the design standards are subjective. He pointed out that the staff report specifies which Secretary of the Interior Standards were violated~the last page indicating two specific standards not followed. He added that both the Planning Commission and staff believed that the standards were violated. Councilmember Smith asked about the expiration of the temporary occupancy permit. Mrs. Angus indicated the temporary 90 days would expire on October 12. She added that Mr. Coleman posted a cash deposit and since the interior of his building is safe for customers to occupy, he received the temporary Certificate of Occupancy (CofD). She stated that if he were to come back with new plans, the business may need to close as the building is brought into compliance. Councilmember Dumitru expressed a desire to allow the business to remain open as much as possible while the construction took place. Mrs. Angus indicated that to extend the CofD, allowing the business to remain open during construction, would require safe egress and ingress into and out of the building. Mayor pro tern Cavecche indicated she did not want to make any architectural changes at this point; that suggestions could be made and then have this go through the appropriate process. She expressed sending this project back for design review by the appropriate reviewing body. Councilmember Dumitru requested to know the exact contact person who would be working with the applicant on the project. Councilmember Smith stated she favored upholding what the Planning Commission approved and seeing the transom restored, which is a very important element to this building. Mayor Murphy stated he favored the awning design mirroring the awning of the neighboring building. He stated that with a few exceptions, he wanted the plan to adhere to the Planning Commission's decisions, but give staff latitude to work through the process with the applicant within the confines of the standards. He asked for information as to why the doors were moved back and whether it was an ADA issue. City Attorney, David DeBerry stated that the Planning Commission seemed to have been in a quandary over the awning, giving direction to staff to work with the applicant to have it placed at the same height as the adjacent awnings on the beauty school ifit was approved. 16 CITY COUNCIL MINUTES October 10, 2006 14. PLANNING AND ENVIRONMENT (Continued) Council Action: MOTION SECOND AYES - Smith - Dumitru - Smith, Murphy, Cavecche, Dumitru Moved to deny the appeal and uphold the Planning Commission recommendations of June 19, 2006, including removal of the arched window element and installation of the transom window across the entire frontage, with direction that staff work with the appellant concerning the awning, the awning signage, and whether or not the front door needs to be set back to comply with the Americans With Disabilities Act as represented by the applicant. Staff is directed to develop a mutually acceptable timeline for extension of the temporary occupancy permit to allow time to make the necessary changes. These items are to come back to the Council for formal approval at the October 24, 2006 meeting. The Council also asked that staff provide the name of the staff contact who will be working with this business through this process. Mayor pro tem Cavecche requested that a letter be developed that all applicants sign agreeing that approved plans can not be changed. 15. ADJOURNMENT - The City Council adjourned at 9:45 p.m. The next Regular Council meeting is scheduled for October 24, 2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 10, 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; and available at the Civic Center City Clerk's Office. ~~L~ MA-R . MURPHY.. CITY CLERK .fh{ ~Rt !!--jf MAYOR 17