4/10/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 24, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 10, 2007
The City Council of the City of Orange, California convened on April 10, 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 Pastor Danny Kurimay, Zion Christian Center
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 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation honoring West Nile Virus and Mosquito and Vector Control Awareness
Week of April 23-29.
Proclamation honoring April as Donate Life Month.
Proclamation honoring National Public Safety Telecommunicators Week of April 8-14.
Proclamation honoring Arbor Day in Orange on April 28.
2. PUBLIC COMMENTS -
Stu Livingstone, on behalf of the Community Foundation, spoke on the Foundation
Games on April 28th.
Nancy Collins, on behalf of Leadership Orange program, spoke on a class project to
renovate Pitcher Park; and a rededication on May 12th.
Page I
CITY COUNCIL MINUTES
April 10,2007
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 March 15,22 and 29, 2007.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 27 and
Adjourned Regular Meeting of April 3, 2007. (C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with the Regents of the University of California, School of Public Health
UC Berkeley for the Click It Or Ticket Program for Local Law Enforcement
Agencies. (A2100.0 Agr-5052)
SUMMARY: The Regents of the University of California, School of Public Health UC
Berkeley, with primary funding from the California Office of Traffic Safety has
authorized a reimbursable grant award in an amount not-to-exceed $17,310 for
overtime time costs for the Click It Or Ticket project. The goal of the project is to
increase seat belt use statewide to 93.7% by July 31, 2007. Through the combined
efforts of state and local law enforcement, a seat belt enforcement campaign will be
conducted during a three-week mobilization period (May 14 through June 3) in support
of the National Click It Or Ticket mobilization. Funds provided by this grant will be
used to cover overtime costs associated with seat belt enforcement activities during the
three-week grant period.
ACTION: I) Approved agreement with the Regents of the University of California,
School of Public Health UC Berkeley for the Click It Or Ticket Program for Local Law
Enforcement Agencies and authorized the City Manager to execute the agreement on
behalf of the City; and 2) Appropriated $17,3 10 from the General Fund, into the Traffic
Program for the grant as follows:
100-4041-41210 1-2248 Overtime-Safety
100-4041-412102-2248 Overtime-Non Safety
$16,350
$ 960
FISCAL IMPACT: The City of Orange was approved for a reimbursable grant award
in the amount of $17,310 through the California Click It Or Ticket Program funds.
There will be no fiscal impact to the General Fund.
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CITY COUNCIL MINUTES
April 10, 2007
3. CONSENT CALENDAR (Continued)
BIDS
3.5 Bid No. 067-42, Old Towne Lighting Improvements on Cypress Street, Lemon
Street, and Olive Street from Sycamore Avenue to Walnut Avenue. Approval of
plans, specifications, and request for authorization to advertise for bids.
(S4000.S.3.1O)
SUMMARY: Plans and specifications have been completed for Old Towne Lighting
Improvements on Cypress Street, Lemon Street, and Olive Street from Sycamore
Avenue to Walnut Avenue. The project is ready to be advertised for bids. The
estimated total construction costs including contingencies (10%), and construction
engineering (5%) is $293,000.
ACTION: I) Approved plans and specifications and authorized advertising for bids
for Old Towne Lighting Improvements on Cypress Street, Lemon Street, and Olive
Street from Sycamore Avenue to Walnut Avenue; and 2) Authorized the purchase of
twenty-four acorn concrete lights from Pacific Lighting Sales, Inc., and light fixtures
from Sequoia Lighting Corporation. The total purchase not to exceed sum of$76,000.
FISCAL IMPACT: Funds are available in the Capital Improvement Program in the
following accounts:
550-5032-483300-3041 Developer Contribution (Chapman University) $ 52,000
310-9645-483300-3041 Community Development Block Grant (CDBG) 93,000
The total project construction cost estimate, including lights, is $293,000.00. Once the
bids are opened and actual bid prices are known, staff will make a recommendation on
the contract award based on available funds, including additional fund transfers as
needed.
3.6 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
c1aim( s) be denied.
a. Adele Graves - NOTE: Mayor pro tern Dumitru abstained on this claim.
b. Avocado Manor HOA
c. Marvin Lee Miller
d. Mercury Insurance as subrogee of Brent & Kristi Smith
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
April 10, 2007
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.7 Award of Contract - Bid No. 067-30; Community Development Block Grant
(CDBG) Project - Beverly Drive and Crescent Drive Rehabilitation (SP-3574).
(A2100.0 Agr-5053)
SUMMARY: Bids for the CDBG Beverly Drive and Crescent Drive Rehabilitation
Project were received, and opened on March 15,2007. Eight bidders responded to the
Notice Inviting Bids. The apparent low bidder is Elite Bobcat Service, Inc. of Corona
in the amount of$118,036.
ACTION: Awarded the contract in the amount of $118,036 to Elite Bobcat Service,
Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-4053 CDBG Beverly Dr. Rehabilitation
310-9645-483300-4054 CDBG Crescent Dr. Rehabilitation
$95,000
$60,000
3.8 Award of Contract - Bid No. 067-32; Project No. SP-3588; CDBG Project -
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, Fiscal Year 2006-07. (A2100.0 Agr-5054)
SUMMARY: Bids for ADA Wheelchair Access Ramps at Various Locations, Fiscal
Year 2006-07 were received and opened on March 15,2007. Nine bidders responded
to the Notice Inviting Bids. The apparent low bidder is Nobest, Inc. of Westminster,
CA for $63,200.00. The low bid is 11% below the Engineer's Estimate of$71,000.
ACTION: Awarded the contract in the amount of $63,200.00 to Nobest, Inc. and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement
Program in the following account:
310-9645-483300-1328 Community Development Block Grant $63,200
(CDBG) - ADA Improvements
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CITY COUNCIL MINUTES
April 10, 2007
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.9 Award of Contract - Bid No. 067-33; Civic Center Emergency Generator
Replacement; SP-3586. (A2100.0 Agr-5055)
SUMMARY: Bids for installation and seismic anchoring of a new replacement
emergency generator at Civic Center were received and opened on March 15, 2007.
Three bidders responded to the Notice Inviting Bids. The apparent low bidder is
Kincaid Enterprises, Inc., DBA American Electric Company of 1015 W. Briardale
Avenue, Orange, CA for $190,000. The low bid is in line with the Engineer's estimate
of $225,000, which included a 10% contingency and 6% contract administration and
construction costs.
Discussion - In response to questions from Councilmember Bilodeau on environmental
concerns, it was indicated that staff did work with AQMD and received all necessary
approvals.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Awarded the contract in the amount of $190,000 to American Electric
Company and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
120-5028-481301-9828 Civic Center Emergency Generator $248,746
(REMOVED AND HEARD SEPARATELY)
3.10 Contract Change Order No.1; Bid No. 067-24; Project No. SP-3578 Annual
Service Contract for Concrete Replacement at Various Locations for the Fiscal
Year 2006-2007. (A2100.0 Agr-5030)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists of additional concrete repair work on sidewalk,
curb and gutter, driveway approach at various locations, and Tustin Street from
Chapman to North City limit. The total cost for this change order is $275,500.
Discussion - In response to questions from Mayor Cavecche on the original bid amount,
noting the large amount of the change order, staff indicated that the original bid amount
was an excellent price and the change order was warranted.
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CITY COUNCIL MINUTES
April 10, 2007
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
- Cavecche
- Bilodeau
- Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved Contract Change Order No. 1 in the amount of $275,500 to
Kalban, Inc. for the extra work.
FISCAL IMPACT: Funds are available in the following accounts:
262-5021-427100-0000 Measure M - Contractual Services
271-5021-483300-4703 Gas Tax Construction - Arterial Curb,
Gutter and Sidewalk Repair
$ 79,700
$250,000
(REMOVED AND HEARD SEPARATELY)
3.11 Final Acceptance of Bid No. 045-37; Main Library Expansion Project (No Staff
Report Reauired). (A2100.0 Agr-4670)
SUMMARY: Bid No. 045-37, for the Main Library Expansion Project has been
completed by Woodcliff Corporation. Staff recommends acceptance of this project.
Discussion - Library Director Nora Jacob confirmed that the library is complete.
Mayor Cavecche noted the opening celebration for the new Main Library on April 21 st;
and congratulated Library Director Nora Jacob for her efforts on this project.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Accepted improvements and authorized release of Fidelity and Deposit
Company of Maryland & Zurich American Insurance Company Bond No. 08716847 in
the amount of$12,834,000.
FISCAL IMPACT: None.
3.12 Final Acceptance of Bid No. 067-09; Public Work Improvement known as Taft
Avenue and Glassell Street Storm Drain Improvements (No Staff Report
Reauired). (A2100.0 Agr-4964)
SUMMARY: Bid No. 067-09, for Taft Avenue and Glassell Street Storm Drain
Improvements has been completed by Mike Prlich & Sons, Inc. Staff recommends
acceptance of this project.
ACTION: Accepted improvements and authorized release of Fidelity and Deposit
Company of Maryland, Bond No. 7585393 in the amount of$773,321.60.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
April 10, 2007
3. CONSENT CALENDAR (Continued)
3.13 First Amendment to annual Emergency Response Services Contract Agreement
with Republic Electric, for traffic signal and street lighting maintenance services.
(A2100.0 Agr-4739.1)
SUMMARY: The First Amendment to the contract agreement is needed for Republic
Electric to provide emergency response services for the City's traffic signal and street
lighting for one more year.
ACTION: Approved the First Amendment to Contract Agreement with Republic
Electric, and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available for this contract as follows:
100-5032-427100 Contractual Services $40,000
SPECIAL EVENTS
3.14 Use of the Police Department Gang Unit's leased vehicle in the Baker to Vegas
Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that
covers 120 miles. What began as a competition between the Los Angeles Police
Department and the Los Angeles County Sheriffs Department has grown into an event
for law enforcement agencies nationwide. The Orange Police Department has
participated in this event for over 14 years.
ACTION: Approved the use of the Gang Unit's leased vehicle and gas as a follow
vehicle during the Baker to Vegas Relay Race, April 21 through April 23, 2007.
FISCAL IMP ACT: Funds are available to cover the cost of gasoline as follows:
100-4011-447500 Administration-Outside Motor Vehicle Service $200
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Mayor pro tem Dumitru abstained on Item 3.6(a). Items 3.9, 3.10, 3.11 were removed
and heard separately. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
April 10,2007
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of reappointment of Park Planning & Development Commissioners
Lisa Blanc, Tom Davidson and Gary Remland; terms to expire April 30, 2011.
(OR1800.0.10)
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Lisa Blanc, Tom Davidson and Gary Remland to the Park Planning &
Development Commission, terms to expire April 30, 2011.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
8.1 Report on use of Contract Staff in the Community Development Department
(continued from February 27, 2007) (C2500.G.2.0)
Discussion - Ed Knight, Assistant Planning Director, provided a report.
Councilmember Smith stated her concerns were that 1) she hopes that the City can identify
factors that may contribute to the loss of Planners; 2) she asked staff to look at factors that
keep Orange competitive, looking at comments made during exit interviews; 3) there is a need
to keep salaries competitive; 4) she asked for further information on the City's background
check process; and 5) asked to be notified when the Planning Division is at full staff.
City Manger John Sibley stated that staffwil\ provide information back to Council on the items
noted.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to receive and file the report.
PAGE R
CITY COUNCIL MINUTES
April 10, 2007
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 6-07 (SECOND READING) (A2500.0 Construction/Demolition)
An Ordinance of the City Council of the City of Orange amending Chapter 8.28 of the Orange
Municipal Code relating to Recycling of Self-Hauled Construction and Demolition Waste.
Discussion - Mayor Cavecche noted that the procedure to obtain a list of contractors is not part
of the ordinance.
City Attorney David DeBerry confirmed that RFPs will be sent out to contractors, and once
proposals are received, Council wil\ approve the final list.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 6-07 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 8-07 (SECOND READING) (A2500.0 Campaign Reform)
An Ordinance of the City Council of the City of Orange amending Chapter 2.10 of the Orange
Municipal Code relating to Campaign Reform.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 8-07 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 10-07 (FIRST READING) (A2500.0 Business Taxes/ Regulations)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.76 of the Orange
Municipal Code Relating to Permit Requirements to Operate a tow truck business in the City
of Orange.
Discussion - Mayor pro tem Dumitru asked about the city's ability to determine citizenship for
tow truck drivers.
City Attorney David DeBerry stated that the City's ability to regulate drivers is limited to
safety issues, but would research this issue.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue the first reading of Ordinance No. 10-07 to April 24, 2007.
PAGE 9
CITY COUNCIL MINUTES
April 10, 2007
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:35 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a): NOTE: The Council did not discuss this item.
City of Orange v. Jeffrey Hambarian, Orange County Superior Court Case No. 807419
b. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Manager
c. Conference with Labor Negotiators pursuant to Government Code Section 54957.5:
Unrepresented Employee: City Manager
City Designated Representatives: Steven Pham & David DeBerry
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.
PAGE 10
CITY COUNCIL MINUTES
April 10, 2007
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 FY 2007-08
PROGRAM AND
(C2500.G.1.3)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
HOME INVESTMENT PARTNERSHIPS ACT PROGRAM.
Time set for public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Committee for the City's FY 2007-08 CDBG Program and
HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds are
allocated annually to the City by the U. S. Department of Housing and Urban Development
(HUD).
Discussion - Mary Ellen Laster, Senior Housing Manager, provided a report.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
The following people spoke on the proposed funding recommendations:
Steve Carpenter
Arianna Barrios, YWCA
Cathy Seelig, Friendly Center
Sharon Algeo, Assistance League of Orange
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
The Council acknowledged and thanked the CDBG Committee for their efforts - Bob Tunstall,
Mary Ellen Manning, Eva Perez, Gina Cunningham, Fernando Rico and Darren Smith.
Pal!e 11
CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
FY2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Amount
PROJECTS/PROGRAMS Requested
~NOCil\1IStItA.!J;IOl\j
20% Bud et Ca is $273,016.
ejt AIil.~.a~tJ.ll-l!ntS
Economic Develo ment
Program Administration
Salaries & Benefits, Maintenance & 0 erations, and Cantin enc
Ci De artments' Administration Subtotal
.:l'$;!!rll1QUtA \\n~i\\s
Orange County Fair Housing Council
Non rofit A encies' Administration Subtotal
ADMINISTRATION TOTAL
PROJECTS/PROGRAMS
'U13LIC FACILITIES / 1l\1l.tRQVEMENTS7R$H'A'IfJ!1frWl!\l!. l
Bud et is $1,220,490 ($887,305 [FY 2007-08 CDBG] + $333,185
0itI)\\artiUents
Public Works (Pro'ects listed in riori order)
ADA Access Ramps - Citywide
Jewell Place and Maple Avenue Sewer Replacement
Park Central Avenue Reconstruction 1 from Park Vine to 195' w/o City Drive
Park Central Ave Reconstruction 2 from 195' w/o City Dr to City Dr
Park Hyde Street Overlay from Park Balboa Ave to El Rancho Ave
El Rancho Avenue Overlay from Lewis Street to Park Hyde Street
Fondren Street Overlay from El Rancho Ave to north end of cul-de-sac
Park Griffith Avenue Overlay from Park Hyde Street to Park Vine Street
$ 247,576
$ 247,576
25,440
25,440
$ 273,016
25,440
25,440
$ 273,016
Committee
Recommendation
Fairway Drive Reconstruction from Tustin Street to La Veta Frontage
Fashion Park Street Reconstruction from Tularosa Ave to La Veta Av
$ 131,000
170,000
197,000
59,000
75,000
78,000
86,000
19,000
265,000
92,000
$ 131,000
170,000
197,000
59,000
75,000
78,000
86,000
19,000
265,000
92,000
Ci De ts Facilities/1m rovements/Rehabilitation
;'~lij( lrij'Ut'Aell.des
Helping Our Mentally III Experience Success
HOMES, Inc. Rile House Rehabilitation
Olive Crest Treatment Services Center, Inc.
Palm House Refurbishment
Paint Your Heart Out, Inc. (PYHO)
Paint Da - Ci of Oran e
Rebuilding Together Orange County
Safe at Home 2007-2008
Nonprofit Agencies' Public Facilities / Improvements /
Rehabilitation Subtotal
'UBLICFACILITIES/IMPROVEMENTS/REHAB. TOTAL
$ 9,490 $ 9,490
7,000 7,000
20,000 20,000
12,000 12,000
48,490 $ 48,490
$1,220,490 $1,220,490
PAGE 12
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 10, 2007
FY2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
PROJECTS/PROGRAMS
lrUBLIC SERV1CES'
15% Bud et Ca is $ 204,762.
Cit De artmeuts
Communit Services
El Camino, Prospect/Grijalva, and Killefer After-School
Communi Pro rams
Police
Bike Team Program
Cit De artments' Public Services Subtotal
Balance available to Non rotit Public Services
Non rofit A enc\eS
Assessment and Treatment Services Center
(ATSC)
Cit of Or an e Youth and Fami] Counselin Pro ram
Assistance League of Orange
o eration School Bell
Camp Fire USA Orange County Council
After School Connection
Colette's Children's Home
Emer enc !Transitional Shelter
The Friendly Center, Inc.
Emer enc Assistance and Su lemental Food Pro ram
Mariposa Women and Family Center
Mari osa Famil Pro ram
Orange Elderly Services, Inc.
Meals on Wheels
Women's Transitional Living Center, Inc.
lude endence from De endence
YWCA of Central Orange County
First Ste s Transitional Housin
Non rofit A encies' Public Services Subtotal
PUBLIC SERVICES TOTAL RE VESTED
GRAND TOTAL
CD FY 2007-08 CDBG Grant
Prior Year CDBG Funds Rehud eted for FY 2007-08
Total FY 2007-08 CDBG Bud et
$ 43,170
$ 43,170
$ 10,000
10,000
15,000
10,000
10,000
7,500
15,000
10,000
8,600
$ 96,100
$ 259,270
$1,753,470
$ 1,365,083
+ 333,185
$ 1,698,268
$ -0-
7,500
-0-
5,000
7,500
3,512
5,000
5,000
8,600
$ 42,112
$ 204,762
$1,698,268 CD
PAGE 13
CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
FY 2007-2008 Communitv Development Block Grant (CDBG) Prol!ram
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to:
1) Approve the funding recommendations of the CDBG Program Committee for the City of
Orange FY 2007-2008 CDBG Program;
2) Authorize staff to request and receive $1,365,083 in FY 2007-08 CDBG funding from the
United States Department of Housing and Urban Development (HUD), and rebudget $333,185
of FY 2006-07 CDBG contingency funds for a total FY 2007-08 CDBG Program budget of
$1,698,268;
3) Authorize the City Manager or his designee to execute the FY 2007-08 CDBG Program
Grant Agreement and all related documents on behalf of the City;
4) Authorize the City Manager or his designee to execute FY 2007-08 Memoranda of
Understanding with City Departments, Subrecipient Agreements with nonprofit agencies, and
all related CDBG Program documents.
FY 2007-2008 HOME Investment Partnerships Act Prol!ram
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to:
1) Authorize staff to request and receive $605,469 in FY 2007-08 HOME funds from the
United States Department of Housing and Urban Development (HUD); and
2) Authorize the City Manager or his designee to execute the FY 2007-08 HOME Program
Grant Agreement and all related documents on behalf of the City,
PAGE 14
CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
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, AND
MITIGATED DECLARATION NO. 1774-05 - APPLICANT - SHAHRAM (DAVID)
AYENEHCHI/ PACIFIC GROVE. (Continued from January 23, 2007) (Z1500.0 ZCG-
1232-05) TAPE 2326
The public hearing was continued to this time from Januarv 23. 2007 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, minimum lot size of 7,000 square feet) zoning classification, The
applicant is requesting to subdivide the subject property into five residential lots and two lettered
lots, A and B, to create five lots without direct access to a public street, to construct five, detached,
single-story (with mezzanine) residences upon the five formed lots - upon property located west of
Esplanade Street and east of Woodland Street, between La Veta Avenue, which lies to the north,
and Fairhaven Avenue, which lies to the south.
NOTE: Councilmember Bilodeau recused himself due to his decision on the project as a
Planning Commissioner; and left the dais,
Discussion - Assistant Planning Director, Ed Knight provided a report to Council noting that
the correct Mitigated Negative Declaration No, is ENV 1774-05.
Council Ouestions -
Mayor pro tem Dumitru asked if the Kinder Morgan Energy Partners Company (KM) owners
of the pipeline, had addressed the question of the location of their pipeline and the overall
safety record of their operation. He noted that KM had been cited for 44 violations for safety
in the past three years, including an explosion at Walnut Creek, CA. He questioned whether
the company would be on-site during grading activities. He added that the Federal regulators
had taken over KM's western operation in 2004 due to its safety record.
Senior Planner, Jennifer Le stated she met with George Reed of KM who indicated that the
company has a general profile of the pipeline location; that prior to grading on the site, a
process called potholing is to occur by hand-excavation to physically locate the pipeline; and
that a KM representative is to be on-site during grading and construction activity. She further
stated that a City grading inspector is on-site during grading and is responsible for the
conditions noted on the plans that include KM's conditions regulated by Federal law,
Mayor Cavecche asked about the liability to the City if an accident were to occur.
Councilmember Smith stated she was concerned about pipeline leaks; and who would be
responsible for clean up.
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CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
City Attorney, David DeBerry stated that the safety of the pipeline is the responsibility of KM
and the property owner, He stated that the Council could direct staff to ensure the KM
representative is on-site during grading activities. He also stated that cleanup responsibility is
initially with the owner, operator and carrier of the pipeline, and is generally governed by
F ederallaws on contamination spills.
Discussion ensued regarding the trail area being included in the lot size and that this was
somewhat misleading, It was noted that the bike trail is part of the Master Plan of Trails, but it
is currently not part of this project for lack of funding, And in response to questions about
private property owners blocking off the trail easement it was stated that the easement for the
trail will be recorded on the Final Map, keeping the easement open and accessible.
Assistant Planning Director, Ed Knight stated that prior to grading, a pre-grading conference
would occur-this conference can be a condition included in the tract map-giving staff the
opportunity to review conditions with the developer to require specified days and events at
which KM's representative must be present.
Rezaali Hadaegh, Architect for the applicant, spoke to concerns including density, area for rear
and side yard setbacks; increased frontage area; additional landscaping; monument signage;
fencing type, height and style; and current and future use of the property over the pipeline-
identifying the construction mitigation plan's six conditions for placement of berms, steel
plating and fencing while grading.
Augustine Flores of Fee Builders identified his company's purpose-to mitigate removal and
replacement of pipeline on development property. He stated that he is involved at many sites
in Orange County and that they coordinate with City inspectors and representatives from
pipeline manufacturers and suppliers.
THE MAYOR OPENED THE PUBLIC HEARING.
The following people spoke in opposition to the project. Their comments included -
concerns with pipeline safety; lack of parking; close proximity ofrear yards to existing homes;
need for more open space; subject property is higher in elevation than existing homes; traffic
issues on Fairhaven Avenue associated with bike trail; exact location of two pipelines is not
known; previous concerns have not been addressed; pipeline leaks are just as much an issue as
explosions,
John Butler
Mark Miller
Florence Paul
Nancy Fernandez
Joseph Chrastka
Roberta Lessor
John Wolfe
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CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
Robert Wellington
Connie Sasso
Steve Flanagan
Dottie Ronan
During the public comments, City Attorney David DeBerry addressed those public speakers
who encouraged the City Council to make this property a park. He noted that it would be
inappropriate for the City Council to deny this project on the basis that it wanted the property
for a park. That would deny the property rights of the property owner and that unless the City
was ready to buy the property, whether or not the property should be a park was not a
consideration, He encouraged speakers to focus in on their concerns about this particular
project.
The following people spoke in favor of the project. Their comments included - this project
will clean up the current condition on the property; there are pipelines all over the city; trail
will remain.
John Hamilton
John Welty
THE MAYOR CLOSED THE PUBLIC HEARING.
Rezaali Hadaegh, Architect for the applicant, explained that during the potholing process
described earlier, after three holes had been dug, pre-existing cracks in the pipeline had been
discovered which KM repaired; but that the potholing would continue. He added that
surveyors would pinpoint the pipelines in the easements by additional potholing and that the
construction is beyond the pipeline easements-there is no house or foundation to be
developed on the easements; that there is a pipeline in the area of Collins and Wanda where a
much denser development exists; that a community outreach occurred attracting close to 100
neighbors, many in favor of the project; that the 30-foot strip of landscaping could be reduced
to 20-feet to provide parking; and that the area over the pipeline is paved, adding that KM
prohibits putting anything in the vicinity of their pipeline.
Discussion followed among the City Council regarding the plans and that they showed only
part of the area over the pipeline being paved over-On the plans the pipeline is shown
running under driveways and landscaping. The City Council expressed concern over the need
to pinpoint the location of the pipeline to understand the ramifications of the project.
Mr. Hadaegh offered that the Council place a condition of approval mandating the identifying
ofthe location of the pipeline and requiring hardscape over the entire length of the pipeline.
Assistant Planning Director, Ed Knight and Assistant City Engineer, Roger Hohnbaum,
fielded questions by Council, stating that the developer is the owner of the property; that the
Building Code requires the mezzanine remain open; that the land at the intersection of Jordan
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CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
and Hewes is a flood control basin and could not be used to build this project; that the Tustin
branch trail at Fairhaven is signalized; that the pipeline carries various types of petroleum-
and is owned by KM; and that the private street is wide enough for public safety vehicles.
Council Comments -
Councilmember Smith stated her lack of support for the project due to her apprehension over
the height of the homes - she views them as two story homes and, therefore, should have a
large rear setback; the close proximity of the proposed homes to existing homes which creates
a line of sight issue; lack of guest parking on site; and the proximity of the pipeline to the
project. She indicated that her primary concern is the pipeline, adding that most of the pipeline
running through Orange County is under un-developed property.
Mayor pro tem Dumitru stated that the project was beautiful and if it were in a different part of
town, he might vote for it; however, his concerns with the pipeline and the possibility ofloss of
life ifthere ever were an accident precluded him from supporting the project. He further stated
that he was concerned where the rest of the pipeline ran in the City given KM's safety
record-stating that the Council should pursue discussions with Kinder Morgan over their
operation, TAPE 2
Councilmember Murphy stated that the developer addressed the concerns from the previous
hearing and brought an improved project forward. He indicated with safeguards and
confirmation of the location of the pipeline, along with conditions addressing safety, the
concerns could be mitigated. He stated a need for additional parking, but felt there could be
alternatives to add more parking.
Mayor Cavecche stated that the applicant has made a tremendous effort to design a project to
fit the neighborhood and commended him for his due diligence, as well as mentioned the
tremendous talent of his architect. She stated that the project was too much on too little space,
and that she views the homes as two stories, given the mezzanine; and that with that
mezzanine, 10-feet is not enough ofa setback. She added that the parking issue may not be a
problem; and that there was a great deal of land for the trail. She was also concerned with
determining the exact location of the pipeline.
Mr. Hadaegh asked for a continuance to redesign the project.
Councilmembers Smith and Dumitru indicated that the pipeline was still too much of an issue
to suggest a continuance.
PAGE 1 R
CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
Council Action:
RESOLUTION NO. 10162
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No, 1774-05, Tentative Tract Map No. 16878, Design Review Committee No. 4109-
06, and Minor Site Plan Review No. 377-05, to permit the subdivision and development of the
former railroad right of way, located west of Esplanade Street and east of Woodland Street,
between La Veta Avenue and Fairhaven Avenue.
Applicant: Shahram (David) Ayenehchi
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Cavecche, Dumitru
NOES - Murphy
ABSTAIN (RECUSED) - Bilodeau
Moved to deny Resolution No. 10162,
ORDINANCE NO. 4-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the Reclassification of
abandoned Railroad Property generally located West of Esplanade Street and East of Woodland
Street, between La Veta Avenue and Fairhaven Avenue from unzoned to RI-7 (Single Family
Residential).
Zone Change 1232-05 - Applicant: Shahram (David) Ayenehchi
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Cavecche, Dumitru
NOES - Murphy
ABSTAIN (RECUSED) - Bilodeau
Moved to deny Ordinance No. 4-07.
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CITY COUNCIL MINUTES
April 10, 2007
13. PUBLIC HEARINGS (Continued)
13.3 REVOCATION OF CONDITIONAL USE PERMIT NO. 90-60 AND
CONDITIONAL USE PERMIT NO. 2334-00 - QUAN'S ROCKIN' SUSHI (PRESENTLY
SAGE SUSHI), 1107 N. TUSTIN STREET. (C3300.0 CUP-90-60; 2334-00)
Time set for public hearing to consider pursuing formal consideration to revoke Conditional
Use Permit No. 90-60 and Conditional Use Permit No. 2334-00. Conditional Use Permit No.
90-60 permits the General On-Sale of alcohol (type 47) in a bona fide eating establishment,
Conditional Use Permit No. 2334-00 permits entertainment within the restaurant to include
activities such as karaoke and dancing, and the use of coin operated amusement devices, such
as video games and billiard tables, in conjunction with the serving of alcoholic beverages.
Property is located at 1107 North Tustin Street.
Discussion - Mayor Cavecche noted that the City Council had received all the evidence which
had been presented at the Planning Commission meeting of March 5, 2007; and the testimony
from that meeting.
Assistant City Attorney, Wayne Winthers, briefly reviewed the history of the property.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Mayor Cavecche noted that neither the property owner or operator were in attendance.
Laura Rubio, property owner at 1802-1806 E. Adams, spoke in favor of revoking the
conditional use permits.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
The City Council thanked the Orange Police Department and City Attorney staff for gathering
the evidence in this case, noting that the amount of information to support a revocation was
overwhelming.
Council Action:
MOTION - Cavecche
SECOND - Murphy
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to revoke Conditional Use Permit No, 90-60 and Conditional Use Permit No. 2334-00
as recommended by the Planning Commission on March 5, 2007,
A resolution formalizing this action will be brought back to Council.
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CITY COUNCIL MINUTES
April 10, 2007
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 10:25 p,m. to an Adjourned Regular Meeting, Study Session, to
be held on Tuesday, April 17, 2007, at 5:00 p.m. in the Weimer Room, to review proposed FY
2007-08 Budget Revenues and Expenditures,
The next Regular Council meeting is scheduled for April 24, 2007,
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 10, 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.
i~~~
CITY CLERK
PAGE 21