11/14/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 28, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 14,2006
The City Council of the City of Orange, California convened on November 14,2006 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 Ms. Irma Hernandez, Senior Assistant to City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange Acres Backbreakers 4"H Club.
1.3 ROLL CALL
PRESENT "
ABSENT "
Smith, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation honoring the Cut-Loose Quilters of Orange during
Children's Book Week, November 13"19,2006, to Jamie Fingal, celebrating the group's
donation of a unique fiber art quilt, 'Adventures Start Here!' for the expanded new Main
Library's Children's Room.
2. PUBLIC COMMENTS"
Mary Dargatz, Address on File, spoke on neighborhood traffic issues and problems with
the ROP facility on Yorba.
Rick Cryder, Address on File, spoke on political sign issues.
The City Attorney confirmed that the City's Ordinance does require political signs to be
removed within 10 days after an election.
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CITY COUNCIL MINUTES
November 14,2006
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 October 12, and 19, 2006.
(C2S00.D.4)
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, October 24, 2006; and
Adjourned Regular Meeting November 7, 2006.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Revised Master Agreement, (Administering Agency - State Agreement), Agreement
No. 12-S073R between the City of Orange and the State of California for Federal-
Aid Projects, through the California Department of Transportation (Caltrans).
(A2100.0 Agr-0343.B)
SUMMARY: A Master Agreement is a requirement for receiving federal funds for local
agency projects. This Revised Master Agreement incorporates the various changes in
regulations and policies.
NOTE: Staff submitted Resolution No. 10143, authorizing execution of the Revised
Master Agreement.
RESOLUTION NO. 10143
A Resolution of the City Council of the City of Orange approving the terms and
provisions of, and authorizing the City Manager or the Director of Public Works to
execute any and all program supplement agreements for Federal-Aid projects under the
administering agency - State Agreement for Federal-Aid projects by and between the
City of Orange and the State of California acting by and through its Department of
Transportation.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 14, 2006
3. CONSENT CALENDAR (Continued)
3.5 Amendment Number 2 to Consultant Services Agreement No. 4738 with Joseph C.
Truxaw and Associates for additional Engineering Design Services for Project No.
SP-3233, Cannon Street Realignment and Widening. (A2100.0 Agr-4738.2)
SUMMARY: Amendment Number 2 will increase the scope of work to be completed by
Joseph C. Truxaw and Associates, Inc., to include the preparation of additional survey,
legal descriptions, parking lot design for Linda Vista Elementary School, geotechnical
services, and design for a retaining wall for the realignment and widening of Cannon
Street.
ACTION: Approved Amendment Number 2 to the existing Joseph C. Truxaw and
Associates, Inc., Consultant Services Agreement and increase the contract amount by
$22,550.00 and authorized the Mayor and City Clerk to execute the Amendment on
behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
550-5011-483300-3427 Cannon Street Realignment $3,587,268
APPROPRIATIONS
3.6 The appropriation of bond proceeds from the Joint Community Facilities
Agreement (JCFA) with the Orange Unified School District (OUSD). These bond
proceeds were designated for Fred Barrera Park, the Grijalva Gymnasium/Sports
Center and other City facilities. (A2100.0 Agr-4754)
SUMMARY: In September of 2005, the City Council approved Resolution 10014
authorizing the establishment of a JCFA with OUSD and Serrano Heights East, LLC,
covering the area known as Serrano 9B (Tremont 2005-1). The City received bond
proceeds in the amount of$1,9l6,787 as a result, which must now be appropriated.
ACTION: Appropriated $1,916,787 from the JCFA bond proceeds to the following
accounts:
594-5017-485100-0099
594-7021-481200-1601
594-5017-485100-0000
Fred Barrera Park
Grijalva Gymnasium
Other City Facilities
$1,370,239.00
$350,000.00
$196,548.00
FISCAL IMPACT: Funds were received from the JCFA bond proceeds to cover the
requested appropriation.
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CITY COUNCIL MINUTES
November 14,2006
3. CONSENT CALENDAR (Continued)
BIDS
3.7 Bid No. 067-20; SP-3580: Civic Center Re-Roofing. Approval of specifications and
authorization to advertise for bids. (P2500.0.5)
SUMMARY: Specifications have been completed for the Civic Center Re-Roofing
Project. The Project is ready to be advertised. Construction cost is estimated at
$251,500.
ACTION: Approved specifications and authorized advertising for bids for the Civic
Center Re-Roofing Project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
725-5028-424101-9805 Civic Center Re-Roofing $155,000 (FY 06-07)
725-5028-424101-9805 Civic Center Re-Roofing $ 85,000 (FY 07-08)
Once the bids are opened and actual bids are known, staff will make recommendations on
the award based on available funding including any requests for further appropriations.
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. Michelle Belvedere
b. Fletcher Davidson
c. Rosie Davidson
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Award of Contract - Bid No. 067-19; Project No. SP-3535, Arterial Highway
Rehabilitation Program (AHRP) Project - Bond Avenue Rehabilitation from
Prospect Street to 400 feet easterly of Little Lane (County/City Boundary).
(A2100.0 Agr-4984)
SUMMARY: The bids were opened on October 19, 2006. Five (5) bidders responded to
the invitation for bids. The apparent low bidder is R.J. Noble Company of Orange for
$394,796.25. The Engineer's Estimate is $394,319.
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CITY COUNCIL MINUTES
November 14,2006
3. CONSENT CALENDAR (Continued)
ACTION: I) Appropriated $98,000.00 from the unreserved fund balance of the 340
funds to 340-5011-483300-3045 for the rehabilitation of Bond Avenue; and 2) Awarded
a contract in the amount of $394,796.25 to R.J. Noble Company and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and will be available upon appropriation in the
following accounts:
272-5011-483300-3045
340-5011-483300-3045
550-5011-483300-3045
Gas Tax Bond Avenue
TCRF Bond A venue
AHRP Bond Avenue
$ 194,000
98,000
142,254
FACILITIES
3.10 Request early closure of the Orange Public Library facilities to the public on
Wednesday, November 22, 2006. (C2500.I)
SUMMARY: Early closure of the Taft and El Modena Branch Libraries (6:00 p.m.
rather than 9:00 p.m.) is requested due to lack of anticipated public use the night before
Thanksgiving Day.
ACTION: Approved the closure of the Orange Public Library facilities to the public at
6:00 p.m. Wednesday, November 22,2006.
FISCAL IMP ACT: None. Staff work hours will be shifted on November 22 to begin
earlier in the day, (8:00 a.m. or 9:00 a.m.) rather than at 12 noon for those who normally
work evenings.
GRANTS
3.11 2006 Urban Area Security Initiative (UASI) Grant - Anaheim Urban Area
allocations for weapons of mass destruction (WMD) training. (A2100.0 Agr-4985)
SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant
award in the amount not-to-exceed $58,548. There is not a cash match requirement. The
goal of the Anaheim Urban Area UASI is to ensure that training programs are delivered
to accomplish core competencies and awareness levels among all first responders
regarding terrorism and WMD events by September 2007. The City of Orange Police
and Fire Departments have been authorized reimbursement amounts of $35,427 and
$23,121 respectively for Office of Domestic Preparedness (ODP) authorized WMD
training. Funds provided through the grant will be used to cover backfill and overtime
costs associated with the attendance ofODP approved WMD courses.
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CITY COUNCIL MINUTES
November 14, 2006
3. CONSENT CALENDAR (Continued)
ACTION: 1) Approved the Agreement between the City of Orange and the City of
Anaheim in an amount not to exceed $58,548 and authorize the Mayor and the City Clerk
to execute the agreement on behalf of the City; 2) Appropriated $58,548 from the
General Fund as follows: $35,427 (100-4081-429400-2311 Police-Homeland Security-
Local Training) and $23,121 (100-3023-429400-2311 Fire Training-Local Training;
and 3) Amended the FY 2006-07 Revenue Budget in the General Fund in the amount of
$58,548 to reflect the receipt of the amount of the UASI Grant.
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $58,548 through the UASI Grant funds, there will be no fiscal
impact to the General Fund. After appropriation, funds will be available as follows:
100-4081-429400-2311 Police-Homeland Security-Local Training $35,427
100-3023-429400-2311 Fire-Fire Training-Local Training $23,121
REPORTS
3.12 Report regarding the annual review of Development Agreement No. 4791 Santiago
Hills WEast Orange. (A2100.0 Agr-4791)
SUMMARY: Section 9 (a) of the adopted Santiago Hills II/East Orange Development
Agreement (DA) requires an annual review of the DA on or before the effective date to
determine the prima facie compliance of Owner with the terms of the DA. The
Community Development Director carries out the review and once completed, the
Director submits a report to the City Council setting forth the determination of the
Director as to demonstrating compliance with the terms of the DA.
ACTION: Accepted the annual report for the East Orange Development Agreement and
concur with the Community Development Director's review that the owner is in
compliance with the terms and conditions of the Santiago Hills WEast Orange
Development Agreement.
FISCAL IMPACT: None.
RESOLUTIONS
3.13 RESOLUTION NO. 10108 (S4000.S.4)
A Resolution of the City Council of the City of Orange Summarily Vacating a Portion of
Chapman A venue Near the University of California at Irvine Medical Center, Reserving
and Excepting an Easement for Any and All Existing Utilities.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 14,2006
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10132 (S4000.0)
A Resolution of the City Council of the City of Orange designating certain portions of
Hewes Street within the City of Orange as a County of Orange Highway for the purpose
of construction improvements.
County Unincorporated Area: Walnut Avenue to Spring Street.
ACTION: Approved.
3.15 RESOLUTION NO. 10134 (C2500.J.4)
A Resolution of the City Council of the City of Orange Regarding the 2006 Christmas
Holiday Closure.
ACTION: Approved.
TRACT MAP
3.16 Tract Map No. 16787 - Request for approval. (T4000.0)
SUMMARY: Tract Map No. 16787 creates a single lot, l8-unit condominium project
with a private road.
ACTION: Approved Final Tract Map No. 16787 and accepted dedication of the
easements for the right of access as shown on the Tract Map.
FISCAL IMPACT: None.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
November 14, 2006
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the City of Orange Planning Commission.
(C2500.G.2.5.1)
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to appoint Fred Whitaker to the City of Orange Planning Commission, term to expire
June 30, 2008.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 660
7.1 Report from Community Development Director - Timeline for Cafe Lucca, 106 N.
Glassell Street, to make modifications per the City Council's action pursuant to Resolution
No. 10131. (Continued from October 24, 2006) (A4000.0 APP-509-06)
SUMMARY: On October 10, 2006 the City Council heard the appeal by Mr. Richard Coleman
regarding the Design Review for his Cafe Lucca restaurant. The public hearing on the appeal
was closed and the City Council took action to deny the appeal and then on October 24, 2006,
adopted Resolution No. 10131 documenting that action. The City Council also directed City
staff to work with the applicant to propose a timeline for getting the modifications completed.
Discussion - Councilmember Smith asked how the construction completion extension affects the
Temporary Certificate of Occupancy (TCofD); and expressed her concern that the construction
would block the sidewalk in front of the business and be an eyesore during the holiday season.
She suggested the construction could begin after Christmas and still be done by the end of
January.
Director of Community Development, Alice Angus stated that as long as the applicant meets the
benchmarks set out by staff, the TCofD is extended to the end of January; adding that if the
benchmarks are not met, there exists the potential for the forfeiture of a deposit and the revoking
of the TCofD. She confirmed that the construction will begin after the holiday season.
Councilmember Dumitru asked about the incentives for the applicant to stick to the timeline; and
his apparent reluctance to move the doors forward according to the original plans.
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CITY COUNCIL MINUTES
November 14, 2006
7. ADMINISTRATIVE REPORTS (Continued)
Mrs. Angus stated that the main incentive is the revocation of the TCofD if the applicant does
not meet the milestones or the final deadline. She added that staff has reviewed the storefront
access for ADA compliance and determined that the applicant will need to move the doors
forward which should be part of the bid being submitted on November 22, according to the
timeline.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve staffs recommended Timeline and Conditions for Modifications as follows:
Appellant to provide staff a copy of bid for modification work by November 22, 2006.
Appellant to provide staff a copy of order for transom windows by November 30, 2006.
Appellant to obtain an Encroachment Permit by January 11,2007 for any safety canopy needed
to protect the public and restaurant customers during work over the fa9ade; and
Final inspection and completion of modification work by January 31, 2007.
7.2 Report from Community Services Director - Appropriation for the Federal
Environmental Protection Agency (EPA) Brownfields Cleanup Grant. (C2500.M.4.20)
SUMMARY: The City has been awarded $200,000 in federal funding from the EPA under the
Brownfields Economic Redevelopment Initiative for the 'capping of the landfill at Grijalva Park
at Santiago Creek.
Discussion - Councilmember Smith asked whether the debris had been recycled.
Assistant City Engineer, Roger Hohnbaum stated that the debris was buried in place-a cap was
placed on top of the landfill so water cannot percolate in and leach out harmful materials. He
added that a rock barrier was put in place at the creek to protect from erosion which required
some displaced debris to be hauled off.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to appropriate funds for the Brownfields Cleanup Grant as follows:
550-7021-481200-1606 Gymnasium/Sports Center
$200,000
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CITY COUNCIL MINUTES
November 14, 2006
8. REPORTS FROM CITY MANAGER
8.1 Year End Budget Report for the period of July 1, 2005 through June 30, 2006.
(C2500.E.4) TAPE 916
SUMMARY: Each fall, following the close of the City's books, staff compiles a report to
inform the City Council and the residents of Orange of the results of the City's financial
operations for the prior fiscal year.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to Receive and file.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 16-06 (SECOND 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: At the request of utility companies, staff recommended this item be continued to January
23,2007.
Council noted that a continuance of this item does not diminish efforts, but will allow the City to
work with other agencies in addressing the issue.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to continue to January 23, 2007.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:20 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counse\- Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
1) Two matters.
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CITY COUNCIL MINUTES
November 14,2006
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
1) City v. Jeffrey Hambarian, O. C. Superior Court Case No. 807419.
c. Conference with real property negotiators pursuant to Government Code Section
54956.8.
Property: 206 South Center Street
City Negotiators: John Sibley and Rick Otto
Under Negotiation: Decision to list, price and terms.
d. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Laura Smith, Address on File, spoke on Spanish-only signs in the community.
13. PUBLIC HEARINGS -
13.1 APPEAL NO. 0512-06 - CONDITIONAL USE PERMIT 2593-06 - TROPI JUGOS,
INC. (A4000.0 APP-0512-06)
Time set for public hearing to consider an appeal of the Planning Commission's decision to deny
Conditional Use Permit 2593-06 for the existing Tropi Jugos Mexican restaurant, located at 4509
East Chapman Avenue. The Conditional Use Permit proposal is to allow an Alcohol Beverage
Control License Type 41 (On-sale Beer and Wine for a Bona Fide Public Eating Establishment)
license.
NOTE: Crime statistics from the County of Orange were not available at the time of the
hearing.
Discussion - Council determined that without the crime statistics, a reasonable decision could
not be reached.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to continue to November 28,2006, at 7:00 p.m.
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CITY COUNCIL MINUTES
November 14, 2006
13. PUBLIC HEARINGS (Continued)
13.2 ORDINANCE AMENDMENT - RELATING TO USES FOR WHICH PERMITS
WILL BE ISSUED. (A2500.0 Ord-14-06 Zoning)
Time set for public hearing to consider an Ordinance amending Chapter 17.02 of the Orange
Municipal Code relating to uses for which permits will be issued.
Ordinance No. 14-06 proposes to modify the zoning code to require all land uses and all permits
and entitlements issued by the City for land uses to be consistent with federal, state and local
laws. The proposed modification would effectively eliminate any requests for land uses where
such use would violate a federal law that preempts an inconsistent state law.
Staff Report - City Attorney, David DeBerry cited an example that under state law, medical
marijuana dispensaries are permitted uses, but the Federal Government still classifies marijuana
as a schedule one narcotic; adding that if there is some modification to the federal law which
changes the way the federal government looks at medical marijuana, that use would be allowed,
requiring the City to adopt regulations allowing the use.
MAYOR MURPHY OPENED THE PUBIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 14-06 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 17.02 of the Orange
Municipal Code relating to uses for which permits will be issued.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 14-06 be read by title only and same was set for second reading by
the preceding vote.
14. PLANNING AND ENVIRONMENT - None.
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CITY COUNCIL MINUTES
15. ADJOURNMENT - The City Council adjourned at 7:15 p.m.
The next Regular Council meeting is scheduled for November 28, 2006.
November 14,2006
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of November 14, 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.
~E~
M1lJt' :g. MURPHY
CITY CLERK
1 t, 1M
MARK A. MURP
MAYOR
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