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10/24/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON NOVEMBER 12,2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 24, 2006 The City Council of the City of Orange, California convened on October 24,2006 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 Reverend Stan Vandenberg, Covenant Presbyterian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by City of Orange Fire Post 547 1.3 ROLL CALL PRESENT - ABSENT - Smith, Murphy, Cavecche, Dumitru None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition to City of Orange Fire Post 547 for their participation in the Orange County Exploring Games. Presentation of Joint Proclamation honoring "The Year of the Library, 2007" by Mayor Mark A. Murphy, Chapman University President James L. Doti, and Santiago Canyon College President Juan Vazquez. Presentation of Proclamation honoring National Community Planning Month. Presentation of Employee Service Awards. Mayor Murphy introduced Heidi Larkin-Reed, new Chamber of Commerce President/CEO. Announcements: · Santa Fe Depot Specific Plan Workshop - October 25,2006. · Mayor's Prayer Breakfast - October 26,2006 at 7:30 a.m. . Treats in the Streets ~ October 26, 2006. · Veterans' Day Tribute - November II, 2006. 2. PUBLIC COMMENTS - Mike Alvarez, Address on File, spoke on a recent newspaper article alleging a code enforcement violation. PAGE 1 CITY COUNCIL MINUTES October 24, 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 28, 2006 and October 5, 2006. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of October 10, 2006. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Receive and file the City Treasurer's Report, period ending September 30, 2006. (C2500,F) ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 First Amendment to Agreement No. 4863 with The Arroyo Group, to prepare the Environmental Impact Report (EIR) for the updated Santa Fe Depot Specific Plan. (A2100.0 Agr-4863.1) SUMMARY: The City is currently in the process of preparing an update to the Santa Fe Depot Specific Plan with consultant services provided by The Arroyo Group. At the time the contract was awarded to the consultant, the grant funding associated with preparation of the EIR for the project had not been released to the City. Therefore, the consultant contract was broken into two phases, with Phase I covering the cost of Plan development, and Phase 2 the EIR. The City has received authorization from the funding source to proceed with the award of contract for Phase 2. PAGE? CITY COUNCIL MINUTES October 24, 2006 3. CONSENT CALENDAR (Continued) Discussion - Councilmember Smith asked how the Orange County Transportation Agency (OCTA) plan and the Chapman University Specific Plan would be affected by this Santa Fe Depot Specific Plan. She also asked how this would fit into the General Plan update for that area. Community Development Director, Alice Angus responded that the Chapman University Specific Plan sites have been excluded from the boundaries of this EIR and that OCTA's document on the expansion of the train station will be considered along with this ErR to ensure that the land use plans work together. She stated that the General Plan and the Specific Plan dovetail one another; adding that the Specific Plan deals with issues such as design, mixed use and interconnection with the depot area; and fills in the details between the General Plan which serves as a broad brush document and the zoning designation minutia. MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru ACTION: Approved the agreement with The Arroyo Group, as the consulting team, to prepare the EIR for the Santa Fe Depot Specific Plan Update in the amount of $128,350; and authorized the Mayor and City Clerk to execute all necessary documents on behalf of the City. FISCAL IMP ACT: The funding for preparation of the EIR comes to the City from the Reduce Orange County Congestion (ROCe) Grant Program. This program, which was originally to be administered by the Orange County Council of Governments, is now being administered by Caltrans. The Fund Transfer Agreement originally executed by the City and Caltrans for the grant funds used for Phase One of the project has been amended to allow for the City to also receive the ROCC funds. These additional funds will be available in the following account: 100-6011-426700-9799 Caltrans Grant $128,350 3.6 Extension of Agreement (Bid No. 045-13) with Bell Building Maintenance Company for custodial services on a month-to-month basis. (A2100.0 Agr-4589.2) SUMMARY: The City entered into an Agreement with Bell Building Maintenance in Fiscal Year 2004-2005 for custodial services for all City buildings. The agreement was extended for one year in Fiscal Year 2005-2006. Staff is currently developing a Request for Proposal for custodial services and anticipates releasing it during November. Bell Building Maintenance has agreed to continue providing the services on a month-to-month basis until such time as the bid is awarded. PAGE .3 CITY COUNCIL MINUTES October 24, 2006 3. CONSENT CALENDAR (Continued) ACTION: Approved extension of Agreement (Bid No. 045-13) with Bell Building Maintenance Company for custodial services on a month-to-month basis, in the amount of $31,101 per month, and authorized the Mayor and City Clerk to execute on City's behalf. FISCAL IMPACT: The monthly cost of $31,101 represents an increase of $1,385 per month, which includes a cost-of-living adjustment of approximately 3% and minor changes to the scope of services. Sufficient funds are budgeted and available in the following account: 100-5028-424202 Janitorial Services $447,800.00 3.7 Second Amendment to Lease by and among Sam Franciosa, Trustee of Sam Franciosa and Susan Franciosa Family Trust, the City of Orange and the Orange Redevelopment Agency for 216 E. Chapman Avenue. (A2100.0 Agr-I773.0.D.2) (See related Redevelopment Agency Minutes Item No. 3.3) SUMMARY: Approval of Second Amendment to lease by and among Sam Franciosa, Trustee of Sam Franciosa and Susan Franciosa Family Trust, the City of Orange and the Orange Redevelopment Agency for 216 E. Chapman Avenue. ACTION: Approved the Second Amendment to Lease by and among Sam Franciosa, Trustee of Sam Franciosa and Susan Franciosa Family Trust, the City of Orange and the Orange Redevelopment Agency; and authorized the Mayor and City Clerk to execute all necessary documents on behalf of the City. FISCAL IMPACT: There will be no fiscal impact to the City of Orange. The City is liable on the Lease only if the Agency should default in its obligations to Sam Franciosa, Trustee of Sam Franciosa and Susan Franciosa Family Trust. However, California National Bank subleased the premises from the Agency, and assumed all of the obligations ofthe Agency and the City to the Franciosa Trust. 3.8 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. Eun Ji Lee ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 4 CITY COUNCIL MINUTES October 24, 2006 3. CONSENT CALENDAR (Continued) CONTRACTS 3.9 Final acceptance of Bid No. 056-42; SP-3558; Grijalva Park Extension Landfill Cap Project and authorization to file Notice of Completion with the County Recorder (No staff report reauired). (A2100.0 Agr-4903) SUMMARY: Grijalva Park Extension Landfill Cap Project. The contractor on said job was Southern California Grading, 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. RESOLUTIONS 3.10 RESOLUTION NO. 10125 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2006-05 combining lots at 1031 and 1037 W. Chapman Avenue in the City of Orange, County of Orange, State of California. Owners: IDC West, LLC, Valentine Realty and The Orange Redevelopment Agency. ACTION: Approved. 3.11 RESOLUTION NO. 10128 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2006-04 adjusting lot lines of certain real properties situated at 2731 & 2717 N. Fernside Street in the City of Orange, County of Orange, State of California. Owner: Charles F. & Stacy D. Gober. ACTION: Approved. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru Item 3.5 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 5 CITY COUNCIL MINUTES October 24, 2006 4. REPORTS FROM MAYOR MURPHY - None. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS 7.1 Report from Police Chief - 2005-06 Urban Area Security Initiative (UASI) Grant- Anaheim Urban Area allocation for Police facility bollard protection system. (C2500.K) SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant award to the City of Orange for infrastructure protection improvements to the Police Headquarters facility. The City of Orange entered into an agreement (No. 4858) with the City of Anaheim on February 17,2006, which allows for the transfer ofUASI funds for the purchase of equipment or services. The allocation of funds provided through the grant will be used to purchase a bollard protection system that will be installed along the Batavia Street side of the Police Headquarters. The bollards will protect the west side of the building, as well as several vital utilities that are exposed to vehicular traffic. A kinetic energy rated and certified bollard protection system has been identified. The patented bollard protection system is sold through Ideal Shield, a sole source vendor. The K-Rated bollard system will total $112,520 for a series of35 bollards, stretched 142 feet along the inside edge of the sidewalk, on the Batavia Street side of the building. Concurrently, Public Works is preparing the construction (installation) portion of the bid (S.P. 3576). The installation cost will be available on October 24th at the close of the bidding process. The installation costs will also be covered through the Anaheim Urban Area UASI funding. MOTION - Murphy SECOND - Cavecche A YES - Smith, Murphy, Cavecche, Dumitru Moved to approve the infrastructure protection improvement project for the Police Headquarters in an amount not to exceed $112,520 for the purchase of the K-Rated shallow mount bollard protection system from Ideal Shield as a sole source vendor; and appropriate $112,520 from the unreserved General Fund balance to Account 100-4081-481200-2317 Homeland Security- Building and Improvements-05-06 UASI. FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant award in the amount of $112,520 through the UASI grant funds, there will be no fiscal impact to the General Fund. After appropriation, funds will be available as follows: 100-4081-481200-2317 Homeland Security-Building and Improvements-05-06 UASI. PAGE 6 CITY COUNCIL MINUTES October 24, 2006 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report from City Attorney - Cafe Lucca. (A4000.0 APP-509-06) SUMMARY: Resolution No. 10131 documents the City Council action of October 10, 2006, denying Cafe Lucca's appeal. Staff is continuing to work with the applicant to come up with a mutually acceptable schedule for making the modifications per the City Council's action. RESOLUTION NO. 10131 A Resolution of the City Council of the City of Orange Denying Appeal No. 509-06 n Cafe Lucca. Applicant: Richard Coleman - Cafe Lucca Discussion ~ City Attorney, David DeBerry, responding to a question from Councilmember Smith, stated that at the November 14, 2006 Council meeting, if a timeline has not yet been reached, Council can provide further direction. Responding to questions from Councilmember Dumitru, Community Development Director, Alice Angus stated that staff has met with Mr. Coleman who may need more time to get a timeframe from his contractor for improvements; and that if the contractor were to pull the permits, he would have to possess a state contractor's license. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche NOES - Dumitru Moved to approve Resolution No. 10131 and direct staff to come back to the meeting on November 14,2006 with a timeline consistent with the findings in Resolution No. 10131. 7.3 Report from Community Services Director - Naming of the 10.5-acre public sports park to be constructed as part of the North Orange Del Rio Land, LLC located west of Glassell Street, north of Lincoln Avenue, and south of Santa Ana River Channel. (C2500.M.4.23) SUMMARY: The City Council has received a request and will consider naming the 10.5-acre public sports park to be constructed as part of the North Orange Del Rio Land, LLC "Steve Ambriz Memorial Park". Discussion - The Council thanked Mr. Frank Elfend for bringing this idea forward; agreed that this was a fitting tribute to former Councilmember Steve Ambriz; thanked his wife, Bridget, for her presence and for sharing her family with the community; and agreed that Steve would be very proud of his family and of this park. PAGE 7 CITY COUNCIL MINUTES October 24, 2006 7. ADMINISTRATIVE REPORTS (Continued) Note: The Council requested that the record show that all members of the Council made and seconded the motion for this item. MOTION - Smith, Murphy, Cavecche, Dumitru SECOND - Smith, Murphy, Cavecche, Dumitru AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve the name "Steve Ambriz Memorial Park" for the 1O.5-acre public sports park to be constructed as part of the North Orange Del Rio Land, LLC. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 15-06 (SECOND READING) (ZI500.0 ZCG-I237-06) 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 - SECOND - AYES Smith Dumitru Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 15-06 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 16-06 (FIRST READING) (A2500.0 Ord-16-06) An Ordinance of the City Council of the City of Orange Amending Chapter 8.37 of the Orange Municipal Code Relating to Removal of Graffiti from Private Structures on Public Property. Note: Utility companies are to be notified of the Ordinance prior to the second reading of the Ordinance. MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 16-06 be read by title only and same was set for second reading by the preceding vote. PAGE A CITY COUNCIL MINUTES October 24, 2006 9. LEGAL AFFAIRS (Continued) 9.3 RESOLUTION NO. 10127 (C2500.N.4) A Resolution of the City Council of the City of Orange establishing a reward for information which leads to the apprehension and conviction of any person for graffiti. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 10127 and appropriate $3,000 from the General Fund balance. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:45 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 -- Existing and Anticipated Litigation Existing Case.- City of Orange v. Jeff Hambarian Orange County Superior Court No. 807419 NOTE: The Council did not discuss this. Anticipated Litigation -- One case. b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City's designated representatives -. Steven Pham and Mike Harary Employee Organization -- All groups c. 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. PAGE Q CITY COUNCIL MINUTES October 24, 2006 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None. 13. PUBLIC HEARINGS - None 14. PLANNING AND ENVIRONMENT 14.1 An appeal of the City Traffic Commission action approving the installation of 20 feet of red curb in front of 1291 N. Linda Vista Street. (A4000.0) . SUMMARY: The appellant is opposed to the red curb in front of his neighbor's home since he needs this area for tenant and guest parking. Speakers: Larry Rothman, Attorney for the Appellant. Maxwell Lawrence, Appellant. Bryan Cantley, Applicant. Marvin Mayer, spoke in opposition to the appeal. Tiffany Mansouri, spoke in opposition to the appeal. Theodore Shapen, spoke in favor of the appeal. Council discussed the fact that the requested red curb is entirely in front of the applicant's house. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to deny the appeal and uphold the recommendation of the City Traffic Commission. 14.2 An appeal of the City Traffic Commission action denying the installation of 18 feet of red curb between the driveway serving 2775 and 2765 N. Ashwood Street. (A4000.0) SUMMARY: The appellant opposes the City Traffic Commission action denying his request. He feels that he would have better sight distance and easier access to his property if the subject area were painted red. Speakers: Mr. Don Lambert, representing the Appellant, noted that the curb cut is larger at the 2765 address, and parked cars between the two houses get in the way of ingress and egress. PAGE in CITY COUNCIL MINUTES October 24, 2006 14. PLANNING AND ENVIRONMENT (Continued) Council discussed the fact that a problem can exist because the curb cut at the 2765 address is wider than others in the neighborhood; and approval of this red curb would not set a precedent. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to approve the appeal, due to special circumstances at this location in that the size of the curb cut is unique to the neighborhood. 14.3 An appeal of the City Traffic Commission action denying the Korean Baptist Church's request for installation of Church Only parking spaces on Sycamore Avenue and Olive Street, or inclusion in the Neighborhood Parking Permit Program. (A4000.0) SUMMARY: The Korean Baptist Church has no off-street parking and their members are competing with Chapman University students for the only unrestricted curbside parking in the area. The church is asking for some relief for members attending various church functions during the week and are unable to find parking within a reasonable distance to the church. Discussion - Traffic Engineer, Tom Mahood provided the staff report stating that Chapman University has agreed to issue seven parking placards to the church for $25.00 each per year to provide additional parking for the church in the parking structure. City Attorney, David DeBerry stated that the Orange Redevelopment Agency and Chapman University have an agreement allowing public use of half of the 700 parking spaces in the Chapman University parking structure through the year 2014. Speakers: Hee Chung Park, representing the Korean Baptist Church. Moon Jung Kim, spoke in favor of the appeal. Byung Min, spoke on parking problems in the area of the church. Councilmember Dumitru stated that one of the neighborhood parking program's purposes is to mitigate the parking intrusion into residential areas by commercial and institutional entities. He added that the parking structure usually has adequate parking. Councilmember Smith pointed out that the neighborhood permit program does not guarantee specific parking spaces on the street. She suggested the church could look for ways to use their own property to add parking; and noted that the parking garage is available 24 hours a day and also provides handicap spaces. PAGE 11 CITY COUNCIL MINUTES October 24, 2006 14. PLANNING AND ENVIRONMENT (Continued) Mayor pro tern Cavecche suggested that if the parking structure was completely filled with students, and the public was not able to park in there, then there needs to be a discussion with the University. She also suggested if the appeal were denied, that it be denied without prejudice, to give the church and Chapman University an opportunity to work out an arrangement and then review the situation in the future. Mayor Murphy agreed to deny the appeal without prejudice; and stated that Chapman's plan to make the parking spaces available to the church, along with his ohservation that the parking structure is never full, would provide sufficient parking for the church; and asked staff to assist the church with this solution. City Manager, John Sibley identified Economic Development Department Director Jim Reichert and Senior Project Manager, Lisa Kim as the staff members who will work with the Church and Chapman University. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to deny the appeal without prejudice; and directed staff to work with the Church and Chapman University on a parking arrangement, and review the parking situation at a later date. 15. ADJOURNMENT The City Council adjourned at 7:55 p.m. to an Adjourned Regular Meeting on Tuesday, November 7, 2006 at 9:00 a.m. in the Council Chambers to consider a Resolution of Intent to form a Community Facilities District for the North Orange Del Rio, LLC. The next Regular Council meeting is scheduled for November 14, 2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 24, 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. Ct<<~~ MA . RPHY CITY CLERK { PAGE 12