1/23/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON FEBRUARY 13,2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 23, 2007
The City Council of the City of Orange, California convened on January 23,2007, 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 Mr. Warren Johnson, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
;~
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None.
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Recognition to Orange Lutheran High School, State football champions.
Invitation from Richard Eldridge, Longhouse Chief, Orange YMCA, to the Indian 500
Race on February 3, 2007.
Presentation of Resolution to Sharon Crawford, upon her retirement.
Employee Service Awards were presented.
Mayor Cavecche noted a letter received from the City of Moorpark thanking City
firefighters for their assistance during a recent fire.
2. PUBLIC COMMENTS -
Heather Lykins, Community Relations Director, Chapman University, reported on
upcoming events at Chapman University - Women's Week at Chapman University
February 19-26, Community Appreciation Day on April 28'\ and an upcoming Book Drive.
Brian Lochrie, representing Orange International Street Fair Committee, reported on
the success of the 2006 Street Fair.
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CITY COUNCIL MINUTES
January 23,2007
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 January 4 and 11,2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, January 9, 2007.
(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 December 31, 2006.
(C2500.F)
ACTION:
Approved.
3.5 Audited Financial Statements and related Financial Reports for the Year ended
June 30, 2006. (C2500.J.1.3)
ACTION:
Received and Filed.
3.6 Investment Oversight Committee Report for the period ending December 31,
2006. (ORI800.0.27.16.1)
ACTION:
Received and Filed.
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January 23, 2007
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7 Consultant Services Agreement with Integrated Design Services, Inc. for Project
and Construction Management Services. (A2100.0 Agr-5026)
SUMMARY: The Consultant Services Agreement includes a scope of services for
project management related to the Hart Park Pool renovation, Santiago Creek Bike
Trail, Steve Ambriz Memorial Park, and other related projects at a compensation for
these services not to exceed $60,000.
ACTION: Approved the Consultant Services Agreement with Integrated Design Services
Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT:
100-7001-426700
Sufficient funds are available in the following account:
(Other Professional and Consulting Services) $60,000.00
(REMOVED AND HEARD SEPARATELY)
3.8 First Amendment to an existing Consultant Services Agreement with Hogle-Ireland,
Inc., a private planning consulting firm, to provide current and advance planning
assignments and prepare Planning studies or reports for the Planning Division.
(A2100.0 Agr-4954.1)
SUMMARY: The goal of the 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 for the next four months.
Discussion - Couocilmember Smith expressed concern with continuing to augment the
contract employee budget and spoke on the need to hire more staff in the Planning
Division; and noted she will support this request only for the sake of continuity, but
would like to see a report on staffing levels in the Planning Division.
MOTION
SECOND
AYES
- Cavecche
- Dumitru
- Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved and authorized the Mayor and City Clerk to execute an
amendment to an existing professional service contract with Hogle-Ireland, Inc., not to
exceed an additional $90,000, for a total contract amount of$230,000.
MINUTE ORDER: Staff was directed to return within 30 days with a report on
staffing in the Planning Division and the use of contract employees; how many and
how long there have been vacancies in the Planning Division; total amount of contract
money spent; and a comparison of money spent on contract positions versus full time
positions.
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January 23, 2007
3. CONSENT CALENDAR (Continued)
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.
3.9 Renewal of Amended Contract with Pacificare Life and Health Insurance
Company to provide vision insurance benefits for City employees and retirees,
effective January 1, 2007 through December 31, 2007. (A2100.0 Agr-2939.E.l;
2939.E.2)
SUMMARY: The City currently contracts with PacifiCare Life and Health Insurance
Company to provide vision insurance benefits to City employees and retirees.
PacifiCare Vision Insurance has presented a 12-month renewal (January I, 2007
through December 31,2007). There will be no rate increase for this plan year.
ACTION: Approved 12-month contracts with PacifiCare Life and Health Insurance
Company for employee and retiree vision insurance coverage, and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None
3.10 Contract with Reliance Standard Life Insurance Company for employee life
insurance and long term disability insurances, effective January 1, 2007 through
December 31, 2007. (A2100.0 Agr-4173.B; 4174.B)
SUMMARY: These agreements with Reliance Standard Life Insurance Company
provide group life insurance and long-term disability insurance benefits for City
employees. The City is required to provide these employee benefits per labor contracts
with employee bargaining uoits. These contracts will be in effect for 12 months
beginning January 1,2007 through December 31,2007.
ACTION: Approved 12-month contracts with Reliance Standard Life Insurance
Company for employee life and long-term disability insurance coverage. Authorized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None
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January 23, 2007
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 067-28; SP-3587: Fire Stations Nos. 2, 3, 4, 5 and 7 Interior Painting;
Approval of Specifications and authorization to advertise for bids. (P2500.004)
SUMMARY: Specifications have been completed for the Fire Stations 2, 3, 4, 5 and 7
Interior Painting Project. The Project is ready to be advertised. Painting cost is
estimated at $87,000.
ACTION: Approved specifications and authorized advertising for bids for the Fire
Stations Interior Paint Project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
725-5028-481200-9833 (Fire Stations Interior Paint) $42,000 (FY 06-07)
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 funding
appropriations.
3.12 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. Edward Vela
b. Aurelia Kvetny
c. David Sestini
ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.13 Final Acceptance of Bid No. 0067-10; SP-3565; Public Work Improvement known
as Annual Street Maintenance Asphalt Concrete Overlay ; Reconstruction at
Various Locations. (No Staff Report ReQuired) (A2100.0 Agr-4962)
SUMMARY: Bid No. 067-10, for the Annual Street Maintenance Asphalt Concrete
Overlay; Reconstruction at Various Locations has been completed by R.J. Noble
Company. Staff recommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Travelers Casualty and
Surety Company of America of Connecticut, Bond No. 104772918 in the amount of
$2,213,110.00.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.14 Final Acceptance of Bid No. 056-41; SP-3361; Public Work Improvement known as
Tustin Street and Chapman Avenue Critical Intersection Improvements, Phase I.
(No Staff Report Reouired) (A2100.0 Agr-4915)
SUMMARY: Bid No. 056-41, for the Tustin Street and Chapman Avenue Critical
Intersection Improvements, Phase I has been completed by Alliance Streetworks, Inc.
Staff recommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Insurance Company of
the West of California, Bond No. 2175484 in the amouot of$I,245,334.50.
FISCAL IMPACT: None.
PARCEL MAP
3.15 Parcel Map No. 2005-312 - Request for approval. (C2500.M.16.2 PMP-2005-312)
SUMMARY: Parcel Map No. 2005-312 creates 5 industrial lots with access to Batavia
Street and Trenton Avenue.
ACTION: Approved the Final Parcel Map No. 2005-312 and accepted dedication of
Trenton A venue for street and utility purposes, and also accepted dedication for the
right of access to the private driveway as shown on the Parcel Map.
FISCAL IMPACT: None.
REPORTS
(REMOVED AND HEARD SEPARATELY)
3.16 Information Report as required by Condition No. 33, Resolution No. 9719 - St.
Paul's Lutheran School's Traffic Management Program and Good Neighbor
Policy (Conditional Use Permit No. 2410-02 - Allowing an expansion of the school
campus located at 901 East Heim Avenue). (A4000.0 APP-489-02)
SUMMARY: On April 8, 2003, the City Couocil adopted Resolution No. 9719,
denying Appeal No. 0489-02 and approving Revised Mitigated Negative Declaration
No. 1692-02 and Conditional Use Permit No. 2410-02 to allow the expansion of the St.
Paul's Lutheran School campus located at 901 East Heim Avenue. Condition No. 33
of the Resolution required that the Traffic Management Program, including the Good
Neighbor Policy, which were incorporated into the project approval, be brought back to
the City Council as an informational report after consideration by staff.
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3. CONSENT CALENDAR (Continued)
Discussion Councilmember Smith congratulated St. Paul's School on this program,
noting this is a great example of a problem that was solved by St. Paul's School and an
excellent example of a good neighbor policy.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Received and Filed.
FISCAL IMPACT: Monitoring compliance with conditions of approval for an
approved project is offset by the billable deposit costs that are borne by project
applicants as part of the development and permit fees associated with the costs of the
project implementation and provision of services by the City.
RESOLUTIONS
3.17 RESOLUTION NO. 10152 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Dispatcher Debra L. Croasdaile of the Orange Police Department for her more than
twenty six years of loyal and dedicated service to the City of Orange.
ACTION: Approved.
3.18 RESOLUTION NO. 10159 (S4000.So4)
A Resolution of the City Council of the City of Orange temporarily closing Palm
Avenue between Lemon Street and Cypress Street, and Cypress Street from Palm
Avenue to Maple Avenue, from 7:00 A.M. to 12:00 P.M. Saturday, February 10,2007;
for a special event at Chapman University.
ACTION: Approved Resolution No. 10159; and approved the temporary closure of
the municipal parking lot at Chapman Avenue and Lemon Street (Lot C).
TRAFFIC
3.19 Request for the trial speed humps on Adams Avenue between Cambridge Street
and Lincoln Street to remain in place on a permanent basis. (S4000.S.6)
SUMMARY: The City Traffic Commission approved the three-month trial of speed
humps on Adams Avenue between Cambridge Street and Lincoln Street, and
recommends to the City Couocil that the installation remain on a permanent basis.
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January 23, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved the permanent installation of speed humps on Adams Avenue
between Cambridge Street and Lincoln Street.
FISCAL IMPACT: None
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Items 3.8 and 3.16 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE
4.1 AB 1234 required report - League of California Cities Conference, Sacramento.
(ORI800.0.12)
Per AB 1234 requirements, Mayor Cavecche submitted a report on her recent attendance at the
League of California Cities Conference on group home legislation.
4.2 Consideration of appointment of Councilmember Bilodeau's representative to the
City Planning Commission. (C2500.G.2.5.1)
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to appoint Michael Merino to the City of Orange Planning Commission, term to expire
June 30, 2008.
4.3 Consideration of appointment to the City Traffic Commission. (ORI800.0.19)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to appoint Wayne King to the City Traffic Commission, term to expire June 30, 2008.
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January 23, 2007
4. REPORTS FROM MAYOR CA VECCHE (Continued)
4.4 Consideration of appointments to City Council Committees. (C2500.D)
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve City Council appointments as follows:
Cities-Schools Coordinating Committee
Orange County Sanitation District
Foothill-Eastern Transportation Corridor JPA
Growth Management Area Committee
Joint Powers Fire Training Authority
Orange Housing Development Corporation
Ex-Officio Members
Orange-Santa Ana Joint Powers
Transportation Improvement Authority
Trauma Intervention Prevention (TIP)
Advisory Board
City Audit Committee Ex-Officio Members
Santa Ana River Flood Protection Agency
Cavecche and Smith
Dumitru Cavecche (alt)
Murphy Cavecche (alt)
Bilodeau Dumitru (alt)
Cavecche
Murphy and Smith
Dumitru
Smith (alt)
Dumitru
Cavecche and Bilodeau
(Open)
NOTE: The addition of ex-officio members to the City Audit Committee will be formalized in
a Resolution which will be brought back to the Couocil.
NOTE: Mayor Cavecche currently serves on the Santa Ana River Flood Protection Agency,
and offered to continue; but offered the appointment to Councilmembers.
Off-Agenda Item
Mayor Cavecche cited a huge increase in graffiti in the community and requested a written
report on the graffiti program.
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
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January 23, 2007
7. ADMINISTRATIVE REPORTS
7.1 Report from Community Services Director - EI Camino Real Park Master Plan
and Negative Declaration No. 1770-06. (C2500.M.4.12)
SUMMARY: On December 14, 2006, the Park Planning and Development Commission
reviewed the information contained in Negative Declaration No. 1770-06 (ND) and
recommended that the City Council adopt the Negative Declaration and that the City Council
approve the master plan for the EI Camino Real Park. The project is ready to move forward
into final approval of the master plan and environmental documents.
Discussion - In response to Council questions, staff noted that lighting concerns are addressed
in the overall Master Plan, but is a matter of funding at this time. Mayor Cavecche noted the
project is on hold until funding is identified; and thanked the Community Services staff and
Park Planning and Development Commission for their efforts on this project.
RESOLUTION NO. 10161
A Resolution of the City Council of the City of Orange making certain findings under the
California Environmental Quality Act and Approving the Master Plan for EI Camino Real Park.
MOTION - Murphy
SECOND - Dumitru
A YES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10161, Negative Declaration No. 1770-06 and the Master Plan
for the El Camino Real Park.
7.2 Report from Public Works Director - Award of Contract for Bid No. 067-25;
Police Headquarters Heating, Ventilation, Air Conditioning (HVAC) System and
Electrical Upgrades. (A2100.0 Agr-5027)
SUMMARY: The bids were opened on December 21, 2006. Three bidders responded to the
invitation for bids. The apparent low bidder is CTAC, Inc., for $1,320,999. A contingency of
$113,001 is recommended. The total estimated project cost is $1,434,000. The Engineer's
Estimate is $1,300,000.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: I) Award a contract in the amount of $1,320,999 to CTAC, Inc., 209 W. 134'h
Street, Los Angeles, CA 90061, and authorize the Mayor and the City Clerk to execute on
behalf of the City; 2) Authorize a transfer of$130,000 from the unreserved fund balance of the
General Fund to the Major Building Improvements Fund; and 3) Authorize an appropriation of
$205,000 from the unreserved fund balance of the Major Building Improvements Fund to 725-
5028-481200-9823 for the Police Headquarters HV AC project.
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7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from Public Works Director - A Cooperation and Reimbursement
Agreement between the City of Orange and the Orange Redevelopment Agency relating
to certain street improvements located at southeast and southwest corners of the Taft
Avenue and Glassell Street intersection and the northeast corner of Taft A venue and
Tustin Street; and a Contract Change Order No.1 with Mike Prlich and Sons, Inc. for
Taft Avenue and Glassell Street Storm Drain Improvements (Bid No. 067-09; D-146).
(A2100.0 Agr-5028; 4964)
(See related Redevelopment Agency Minutes Item No. 7.1)
SUMMARY: The Cooperation and Reimbursement Agreement provides for Agency
reimbursement to the City of Orange of the Agency's share of costs incurred for certain street
improvements located at the southeast and southwest corners of Glassell Street and Taft
Avenue and the northeast corner of Taft Avenue and Tustin Street in an amount not to exceed
$140,000.
The Contract Change Order No. I will authorize payment to Contractor, Mike Prlich and Sons,
Inc. for the construction of ADA-compliant access ramps at the southeast and southwest corner
of the Taft Avenue and Glassell Street intersection in the amount of$86,368.00.
RESOLUTION NO. 10155
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency for certain street
improvements within the Orange Merged and Amended Redevelopment Project Area.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to I) Adopt Resolution No. 10155; and 2) Approve Contract Change Order No. I to
authorize payment to Contractor, Mike Prlich and Sons, Inc. for Taft Avenue and Glassell
Street Storm Drain Improvements (Bid No. 067-09; D-146).
FISCAL IMPACT: Sufficient funds are available in the Northwest and Southwest Merged
2003 Tax Exempt Bonds fund for these projects. The Orange Redevelopment Agency will
appropriate $140,000 to accouot 943-9800-483300-5324 (Taft & Glassell Storm Drain Project)
in the amount of $110,000 (for construction and administration) and to account 943-9800-
483300-1334 (ADA Ramps Taft & Tustin) in the amount of $30,000 (for construction and
administration).
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January 23, 2007
7. ADMINISTRATIVE REPORTS (Continued)
7.4 Report from Public Works Director - A Cooperation and Reimbursement
Agreement between the City of Orange and the Orange Redevelopment Agency relating
to street concrete improvements within the Lewis Street right-of-way from Metropolitan
Drive to Chapman Avenue; and award of Contract - Bid No. 067-24; SP-3578; Annual
Service Contract for Concrete Replacement at Various Locations, Fiscal Year 2006-2007.
(A2100.0 Agr-5029; 5030)
(See related Redevelopment Agency Minutes Item No. 7.2)
SUMMARY: This project is part of the annual street maintenance activities for curb and
gutter, sidewalk, driveway, and cross gutter replacement at various locations Citywide
including Tustin Street from Fairhaven Avenue to Heim Avenue, and Lewis Street from
Metropolitan Drive to Chapman Avenue.
The Cooperation and Reimbursement Agreement provides for Agency reimbursement to the
City of Orange of the Agency's share of costs incurred for street concrete improvements within
the Lewis Street right-of-way from Metropolitan Drive to Chapman Avenue in an amount not
to exceed $60,000. This project is part of the FY 2006-2007 street maintenance activities for
curb and gutter, cross gutter, driveway approach, and sidewalk replacement at various
locations City wide.
RESOLUTION NO. 10160
A Resolution of the City Couocil of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency for certain sidewalk
repairs within the Orange Merged and Amended Redevelopment Project Area.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to I) Adopt Resolution No. 10160; and 2) Award a contract in the amouot of
$227,850.00 to Kalban, Inc., 9075 Glenoaks Blvd., Sun Valley, CA 91352, and authorize the
Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: After the appropriation from Redevelopment Agency Fund 943, funds are
budgeted in the Capital Improvement Program and are available in the following accounts:
262-5021-427100-0000 Measure M - Contractual Services $197,000
271-5021-483300-4703 Gas Tax Construction - Arterial Curb,
Gutter & Sidewalk Repair 85,000
943-9800-483300-4703 Redevelopment Agency - Lewis Street
Concrete Sidewalk Replacement 60,000
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8. REPORTS FROM CITY MANAGER
8.1 Update on proposed 714 Area Code split. (S3500.A.l)
Staff reviewed the alternatives proposed by the California State Public Utilities Commission.
Council discussed the need for the City and it's sphere of influence to remain in one area code;
and directed staff to advertise the address for the State PUC to allow for public testimony.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to recommend Alternative No.4 to the California State Public Utilities Commission.
8.2 Update on Code Enforcement staffing review. (C2500.G.3)
Senior Assistant to the City Manager, Rick Otto reported that although the department has four
funded full time positions, one employee has been on leave for eight months; and that a part
time contract employee has been assisting with the workload.
Public Comment: Dan Slater, spoke on the need for additional Code Enforcemellt staff.
City Manager, John Sibley reported that although the fourth employee would be returning to
work, the contract employee will be retained for a high level of code enforcement through this
fiscal year.
Mayor Cavecche stated she hopes to have at least one additional contract officer before the
end of the current fiscal year; and confirmed staff to bring back a full report on Code
Enforcement staffing at the February 13th meeting.
8.3 Report on Mid-Year Police Staffing Levels. (C2500.K)
City Manager reported on all 161 sworn positions filled, including academy positions; and
stated that additional positions will be requested in the 2008 budget. He added that the
department has 1.17 officers per thousand citizens - the State standard is at 1.3.
Mayor Cavecche asked for the staffing benchmarks of the City of Orange versus other Orange
County cities, as well as staff levels versus call volume and response times; and how many
officers the City has versus how many are really needed to provide adequate service.
Staffto bring back a full report on Police staffing levels at the February 13th meeting.
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9. LEGAL AFFAIRS
9.1 ORDINANCE NO 16-06 (SECOND READING) (Continued from November 14, 2006)
(A2500.0 Ord-16-06 Graffiti)
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.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to February 13,2007.
9.2 ORDINANCE NO. 1-07 (SECOND READING) (A2500.0 Ord-l0-07 Graffiti)
An Ordinance of the City Council of the City of Orange Amending Chapter 8.37 of the Orange
Municipal Code to Prohibit the Possession of Graffiti Implements by Minors.
Speaker
Mr. Tom Coxe, spoke on flaws in the proposed ordinance.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 1-07 be read by title only and same was adopted by the preceding
vote.
9.3 ORDINANCE NO. 2-07 (SECOND READING) (C2300.E GPA-2006-0003)
An Ordinance of the City Council of the City of Orange approving the Pre Zoning
Reclassification of approximately 332 square feet of property generally located at the
intersection of Manchester Place and Compton Avenue.
Pre Zone Change No. 1241-06 - Applicant: City of Orange
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 2-07 be read by title only and same was adopted by the preceding
vote.
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CITY COUNCIL MINUTES
January 23, 2007
9. LEGAL AFFAIRS (Continued)
904 ORDINANCE NO. 3-07 (FIRST READING) (A2500.0 Ord-03-07 Traffic)
An Ordinance of the City Council of the City of Orange Amending Section 10.59.030 of
Chapter 10.59 of the Orange Municipal Code Pertaining to No Pedestrian Crossing Zones.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 3-07 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:50 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: Two potential cases
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a): Frank Gutierrez v. City of Orange, United States District Court
Case No. SACV06-760 CJC (RNBx)
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.
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7:00 P.M. SESSION
12. PUBLIC COMMENTS -
Karen Finn, spoke on West Orange issues.
The following people spoke on street resurfacing issues in the area of Chipwood, Nutwood,
Sherwood and Lynwood: (Mayor Cavecche requested a staff member immediately meet
outside the Council Chambers with residents in attendance on this issue).
John Armington
Greg Cashner
Tim Cox,
Tim Cox Jr.
Devon Cox
Charles Sledge
Miriam Yardumian
13. PUBLIC HEARINGS
13.1 APPEAL NO. 0514-06; CONDITIONAL USE PERMIT NO. 2595-06 - ROYAL
STREET COMMUNICATIONS. (A4000.0 APP-0514-06)
Time set for public hearing to consider an appeal of the Planning Commission's denial of
Conditional Use Permit No. 2595-06, which was a request to co-locate three new antennas onto
an existing non-stealth wireless communication facility support structure (monopole) including
the installation of new above ground support equipment.
THE MAYOR OPENED THE PUBLIC HEARING.
Mr. John Flynn, representing the Applicant, stated that Royal Street Commuoications does not
own the pole, but are attempting to make the co-located antenna as stealth as possible by
eliminating the T-bar; using a slim-line design, ruoning a coaxial cable through the interior of
the pole and increasing the landscaping of the equipment enclosure. He added that although
the pole itself is not stealth, the design of the antenna qualifies it as stealth because of these
features.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council Comments
Councilmember Smith stated the tower would not meet the City's current standards and she
was not in favor of extending the life of a non-conforming pole, and that a true stealth project
would be more acceptable at this site. She commented on the transfer of the Conditional Use
Permit to future owners of the pole.
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CITY COUNCIL MINUTES
January 23,2007
13. PUBLIC HEARINGS (Continued)
Mr. DeBerry clarified that a legal, non-conforming use runs with the land and that non-
conforming uses do not end even if the property were to change ownership.
Mayor Cavecche stated her support of co-location of antennas and her willingness to uphold
the appeal.
Mayor pro tern Dumitru stated that although he would prefer to see the pole hidden, he would
rather see a co-location than another pole.
Councilmember Bilodeau suggested the cell phone tower ordinance be revisited to include
more direction on co-location issues.
Counciimember Murphy stated that the pole will remain regardless of this appeal's outcome,
adding that technology would minimize the need for these poles in the future. He further
stated that he would uphold the appeal to encourage the co-location of the antenna.
Council Action
MOTION - Murphy
SECOND - Cavecche
AYES - Murphy, Cavecche, Dumitru, Bilodeau
NOES - Smith
Moved to uphold the Appeal and approve Conditional Use Permit No. 2595-06.
Staff was directed to return to Council with a review of the cell phone tower Ordinance.
13.2 ZONE CHANGE NO. 1232-05, TENTATIVE TRACT MAP NO. 16878, MINOR
SITE PLAN REVIEW NO. 377-05, DESIGN REVIEW COMMITTEE NO. 4109-06,
ADMINISTRATIVE ADJUSTMNENT NO. 116-06, MITIGATED NEGATIVE
DECLARATION NO. 1767-06 - SHAHRAM A YENEHCHI I PACIFIC GROVE
TAPE A 7070 (ZI500.0 ZCG-1232-05)
Time set for public hearing to consider a proposal to zone vacant, un-zoned property (a former
Union Pacific railroad right-of-way) with an R-I-7 (Single Family Residential) zoning
classification, to subdivide the subject property into six residential lots and two lettered lots, to
create six lots without direct access to a public street, to create lots possessing widths less than the
required minimum of sixty feet, and to construct six, detached, single story (with mezzanine)
residences upon the six lots - upon property located west of Esplanade Street and east of Woodland
Street, between La Veta Avenue and Fairhaven Avenue.
NOTE: Councilmember Bilodeau noted he had voted on this issue as a Planning
Commissioner and, therefore, recused himself and left the dais.
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CITY COUNCIL MINUTES
January 23, 2007
13. PUBLIC HEARINGS (Continued)
Discussion - Community Development Director, Alice Angus provided a staff report detailing
the plan for the six homes which includes an area to be dedicated to the City as a future dirt
and gravel path and a bike trail, as well as the existence of two uoderground petroleum
products pipelines.
Couocilmember Dumitru asked about the on-street parking being later converted to the bike
trail; and whether the mezzanine qualified as a second story.
Ms. Angus indicated that in other parts of the City there have been conversions of on-street
parking to a bike lane. She stated that the Zoning Code does not define the term mezzanine.
She explained that the Building Code defines a mezzanine as a floor within a story, which is
what is planned for these homes, adding that the walls around the mezzanine are not full-height
and its floor has a limited ratio of percentage of area in comparison to the floor below it. She
also clarified that the planned rear set backs are in conformance with the code.
Councilmember Smith stated that the Planning Commission added a condition that the garages
not be used for storage other than cars. She also stated that 14 Eucalyptus trees were to be
removed and replaced with seven, adding that the Planning Commission requested an
additional six trees be added. She asked if any treatment to the street's entrance had been
included in the plan.
Ms. Angus responded that the intention of a garage is for parking cars, and that this condition
was written to be included in the association CC&Rs. This provision will be self-policed -
complaints will be made if it becomes a problem. She stated that there will not exist a lot of
parking and the garages will have to be used for parking cars. She added that the additional
trees are to be placed on each of the six lots; and that address monumentation for safety
reasons would be included at the entrance to the street.
Ms. Angus responded to questions from Mayor Cavecche, stating that the mature trees on the
future trail lot will be trimmed to allow for emergency access and accommodation of the trail;
and that the developer will be responsible for maintenance of the retaining wall and then
eventually the Homeowners Association will assume responsibility.
Mayor Cavecche spoke on the drainage behind the new homes, clarifying that the rear of the
properties will drain toward the next lot within the subdivision, be caught into a system, and
moved to the side of the homes into a swale.
Councilmember Dumitru asked whether a project with just five homes had been considered.
Councilmember Smith asked about the underground fuel lines-what kinds of fuel and
whether any other developments in the City are built on pipelines. She further asked if the
pipeline runs over the railroad spur.
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CITY COUNCIL MINUTES
January 23, 2007
13. PUBLIC HEARINGS (Continued)
Ms. Angus responded that the homes would not be located above the fuel lines and that one of
the two lines is inactive. She added that they both are located in a 30-foot easement and that
no permitted structures are allowed in the easement. She further stated that elsewhere in the
City existing pipelines run along the public streets.
THE MAYOR OPENED THE PUBLIC HEARING.
Rezaali Hadaegh, 456 E. Orange Grove, Pasadena, Project Architect, presented the project,
explaining they were sensitive to the neighboring Eichler architecture, but did not duplicate it.
He also reported on economic reasons for the proposed six, rather than five lots; details on the
drainage plan; access for safety vehicles at the multi-purpose trail site; the record of the
pipeline owners, Kinder-Morgan; and parking issues.
In response to Council questions, Mr. Hadaegh stated that the multi-purpose trail is off the
street; and no cars are to be parked on the trail, but rather on the 30- foot wide street. He added
that the driveways were approximately 21 feet wide and almost 24 feet deep-the standard
parking space is 20 feet deep. He stated that the decision for a two-car garage was as a result
of the size of the lot and homes, as well as the side yard measurements.
The following oeoole sooke in favor of the orooosed develooment:
Their comments included: Glad to find a use for the vacant property, which has become a
dumping area; portion of the area will be dedicated to trails; vacant property has become a
weed patch;
Diana Nichols
John Welty
The following oeoole sooke in oooosition to the orooosed develooment:
Their comments included: Want to keep it open for trail purposes; this property is an historic
railroad right of way; City is already deficient in parks and trails; there is a need to keep this
area preserved for open space; the proposed homes are really two story; minimal rear yard set
backs; fuel line safety issues; limited parking issues; limited access to property;
Steven LeFever
Brian Jacobs
Florence Paul
John Butler
Mark Miller
Robert Wellington
Dottie Ronan
Steve Flanagan
Albert Wallace
Charles Rodriguez
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CITY COUNCIL MINUTES
January 23, 2007
13. PUBLIC HEARINGS (Continued)
Mr. Hadaegh addressing the speakers comments, noted that it would be more dangerous to
leave the land vacant with the pipeline underneath because anyone could dig in that area; the
walkway is not a lO-foot road, but an emergency access path if needed; the project is only six
homes; the Planning Commission comment that the project is responsible; the age of the
pipeline being 22 years; pipeline will be continuously inspected during construction~the
project being considerably away from the pipeline; project will forward the establishment of
the trail.
Daniel Friedlander, 2815 Townsgate Rd., Westlake Village, Applicant's Attorney, spoke on
the Mitigated Negative Declaration addressing the issues of construction and landscaping
relative to the pipeline, adding there was nothing in the record that indicated a safety issue. He
further addressed the issue of garage storage being addressed in the CC&R's.
Mr. Hadaegh responded to questions from Council stating that the garages sit back from the
home fronts which allows space to park cars; the Negative Declaration requires steel plates
placed for construction equipment to cross over the pipeline; and all of the street lighting
would be pointing downward.
THE MAYOR CLOSED THE PUBLIC HEARING.
Community Development Director, Alice Angus responded to specific issues raised by the
speakers on conditions for safety; compatibility of mezzanine architecture with existing homes;
traffic study not required; entryway treatments, address identification and signage; parking and
the future trail.
In response to questions by Councilmember Dumitru, Senior Planner, Jennifer Le stated that
staff and the Design Review Committee determined that the project is compatible with the
Neighborhood Infill Design Guidelines; there is no planned replacement of the pipeline; and
staff is not aware of any local incidences related to the pipeline.
Council Comments
Councilmember Smith stated that if the project were approved, she requested a condition to
enhance the landscape and architectural treatment at the entrance to the project to staffs
satisfaction. She added that she was impressed with the project which brings a multi-purpose
trail and a bike trail in the future; but noted she could not support the project due to her
concern with parking issues and the existence of the pipeline.
Councilmember Dumitru stated his concern with the minimal front and back setbacks, and
suggested that five homes would have addressed this. He also stated that technology affords
the ability to build arouod or near the pipeline in order to protect it. He added that he would
support the project.
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CITY COUNCIL MINUTES
January 23, 2007
13. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated that the project is architecturally one of the nicest she has reviewed and
that the project balances the benefit of a trail system with the addition of the houses; however
with the need for an Administrative Adjustment addressing the shape of the project which causes
a narrow opening; the parking problem and the setbacks, she could not support the project.
Councilmember Murphy commented that some type of development at this location will assist
in getting the dedication of the trails and the park space; but expressed concern with the
parking issues, and the crowding of the project, suggesting a reworking of the project to allow
for more space around the homes.
The applicant agreed to a continuance in order to rework the project.
Council Action:
MOTION - Murphy
SECOND - Cavecche
A YES - Smith, Murphy, Cavecche, Dumitru
ABSENT (RECUSED) - Bilodeau
Moved to continue to April 10, 2007, at 7:00 p.m. to allow the applicant an opportunity to
rework the project.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT -
The City Council recessed back to Closed Session at 10:50 p.m. The City Council adjourned
at 11:15 p.m. The next Regular Couocil Meeting is scheduled for February 13,2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of January 23, 2007 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.
itt~~~ .
MA URPHY
CITY CLERK
~~
HE
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