4/24/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 8, 2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 24, 2007
The City Council of the City of Orange, California convened on April 24, 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 Steve Fiechter, Christ Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None.
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation declaring Mayas National Historic Preservation Month was presented.
Employee Service Awards were presented.
Mayor Cavecche announced a Fundraiser for Orange Senior Center on May 2nd at Pat
& Oscar's on Town and Country.
Mayor Cavecche announced a Fundraiser for Orange High School Theater Department
that evening; and a production of Bye Bye Birdie on May 10 through 12.
Mayor Cavecche announced an Old Towne Brochure is ready for distribution and
distributed copies to the Council.
2. PUBLIC COMMENTS - None.
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April 24, 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 April 5, and 12, 2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of April 10 and
Adjourned Regular Meeting of April 17, 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 March 31, 2007.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Agreement for Coordinated Use of EI Modena Basin between Irvine Ranch Water
District (IRWD) and the City of Orange. (A2100.0 Agr-5062)
SUMMARY: IRWD will soon be making wetland improvements at the El Modena
Basin. The agreement outlines areas of operation and maintenance responsibility for
each agency.
ACTION: Approved agreement with Irvine Ranch Water District and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: None.
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April 24, 2007
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.6 Consultant Services Agreement with RRM Design Group to prepare the City of Orange
Depot-Plaza Pedestrian Connection Study, using Orange County Transportation
Authority (OCTA) Go Local grant funds. (A2100.0 Agr-5063)
SUMMARY: The Go Local grant program is an OCTA initiative intended to improve
access to transit facilities and increase commuter rail ridership within Orange County.
The City Council approved a Cooperative Agreement with OCTA for Go Local funds
on September 26, 2006, which allocated $60,000 to prepare the Depot-Plaza Pedestrian
Connection Plan. The proposed consultant services agreement retains a consultant to
complete the Depot-Plaza Pedestrian Connection Study in accordance with this
previously approved Cooperative Agreement.
Discussion - Councilmember Smith suggested involving more people from the
community in this project who are familiar with the downtown area - including
Downtown merchants, Plaza marketing group, the Chamber of Commerce, OTP A, the
Orange Barrio Society, Economic Development staff, Chapman University and other
members of the public.
Mayor Cavecche asked for clarification on the rationale for using Almond as a
connection and why Chapman was not on the list.
Principal Planner, Anna Pehoushek explained that Chapman Avenue is being studied as
part of the Santa Fe Depot Specific Plan; and that Almond Avenue is included in this
study to study connections to further areas from downtown.
Councilmember Smith noted that using Almond would assist In connecting to the
Senior Center and include yet another segment ofthe population.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: I) Appropriated $60,000 from 550-6011-264600-9796 (Revenue from Go
Local OCTA Grant) to 550-6011-485100-9796 (Depot-Plaza Pedestrian Connection
Study); 2) Approved Consultant Services Agreement with RRM Design Group, as the
consulting team to prepare the Depot-Plaza Pedestrian Connection Study, in an amount
not to exceed $60,000; and 3) Authorized the Mayor and City Clerk to execute the
agreement on behalf ofthe City.
FISCAL IMPACT: Upon appropriation, funds will be available to cover the cost of
the contract as follows:
550-6011-485100-9796 Depot-Plaza Pedestrian Connection Study $60,000.00
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3. CONSENT CALENDAR (Continued)
3.7 Second Amendment to Agreement No. 4759 between the City of Orange and
Project Dimensions, Inc. (PDI) for Construction Management services. (A2100.0
Agr-4759.2)
SUMMARY: An Amendment to Agreement No. 4759 between the City of Orange and
(PDI) in an amount not to exceed $70,000 is requested for Construction Management
services for the Del Rio Sports Park (Steve Ambriz Memorial Park) project.
ACTION: Approved the Second Amendment to Agreement No. 4759 between the City
of Orange and Project Dimensions, Inc. for additional services required in an amount
not to exceed $70,000; and authorized the Mayor and City Clerk to execute the
Amendment on behalf of the City.
FISCAL IMPACT: Other than administrative costs, there is no fiscal impact to the
General Fund. The costs associated with the Consultant Services Agreement ($70,000)
will be paid for by the Deposit/Reimbursement Agreement with North Orange Del Rio
Land, LLC.
3.8 Employment Agreement with City Manager John Sibley. (A2100.0 Agr-4707.C)
SUMMARY: The proposed agreement with City Manager John Sibley provides for a
two year term from July 1,2007 through June 30, 2009 and an eight percent raise to be
retroactive to March 1,2007, along with a change in the date of the performance review
to January 2008. Otherwise the agreement is substantially similar to the City
Manager's existing contract.
NOTE: Mayor Cavecche and Councilmember Smith recorded a No vote on this item.
ACTION: Approved Agreement for Employment of City Manager.
FISCAL IMPACT: $1,608 per month; $19,296 annually.
APPROPRIATIONS
3.9 Appropriation of State Asset Forfeiture Funds for the purchase of a mobile data
computer, radio and modem for one new police vehicle. (C2500.K)
SUMMARY: The Police Department would like to purchase a mobile data computer,
radio and modem for use in a newly purchased Crown Victoria. An appropriation of
$14,000 from State Asset Forfeiture Funds is requested for the purchase.
ACTION: Appropriated $14,000 from the unreserved fund balance of State Asset
revenue to account 356-4011-471301 (Police Equipment, State Asset Forfeiture Fund)
for the purchase of a mobile data computer, radio and modem for one police vehicle
FISCAL IMPACT: Unreserved fund balance is available for the appropriation.
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3. CONSENT CALENDAR (Continued)
3.10 Appropriation of Park Vending Machine Revenue for Youth Recreation
Programs. (C2500.N)
SUMMARY: The Community Services Department received revenue in the amount of
$7,021.72 from park vending machines for the purchase of supplies and equipment for
youth recreation programs.
ACTION: Appropriated revenue received from park vending machines (100-7001-
252101-1026) in the amount of $7,021.72 to the following accounts:
100-7014-443500-1026 Athletic Supplies
100-7011-443800-1026 Other Recreation
$1,020.00
$6,001.72
FISCAL IMPACT: Upon appropriation, sufficient funds will be available to cover the
cost of the recreation supplies and equipment.
BIDS
3.11 Bid No. 078-02, approval of plans and specifications and request authorization to
advertise for bids for construction of Arterial Highway Rehabilitation Program
(AHRP) Project - Meats Avenue Rehabilitation Improvements (SP-3585).
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Meats Avenue
Rehabilitation from Orange-Olive Road to Nordic Street. The project is ready to be
advertised for bids. The estimated construction cost including contingencies is
$900,000.
ACTION: Approved plans and specifications and authorized advertising for bids for
the Meats Avenue Rehabilitation improvements.
FISCAL IMP ACT: The total project construction cost estimate is $900,000. Funds are
budgeted and available in the following accounts:
272-5011-483300-3049 Gas Tax Meats Ave: Orange-Olive to Cambridge
272-5011-483300-3052 Gas Tax Meats Ave: Cambridge to Nordic
550-5011-483300-3049 AHRP Meats Ave: Orange-Olive to Cambridge
550-5011-483300-3052 AHRP Meats Ave: Cambridge to Nordic
Total
$280,000
$220,000
$171,205
$159.748
$830,953
Once the bids are opened and actual bids are known, staff will make recommendations
on the award based on available funding including request for fund transfer from other
sources of funds.
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3. CONSENT CALENDAR (Continued)
3.12 Bid No. 067-43, approve plans and specifications and authorize advertising bids
for citywide striping and pavement markings. (S4000.S.7)
SUMMARY: The project invites competitive bids for citywide striping and pavement
marking services.
ACTION: Approved plans and specifications and authorize advertising Bid No. 067-43
for the installation of traffic striping, pavement markings and raised pavement markers
citywide.
FISCAL IMPACT: Funds are available in the following account:
273-5032-427100 Contractual Services
$90,000
3.13 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. Rose 1. Dallies
b. Michael Fisher
c. Catherine Metcalf
d. America T. Miller
e. Robert 1. and America T. Miller Trust
f. Charlotte R. Pardee
g. James Walters
ACTION: Denied Claim(s) for damages and referred to City Attorney and
Adjuster.
CONTRACTS
3.14 Award of Contract - Bid No. 067-36; SP-3591 Fiscal Year 2006-07 Annual Street
Maintenance Phase II - Asphalt Concrete Overlay at Various Locations. (A2100.0
Agr-5064)
SUMMARY: Bids for Annual Street Maintenance Phase II were received and opened
on April 5, 2007. Three (3) bidders responded to the Notice Inviting Bids. The
apparent low bidder is Ruiz Engineering Company for $1,462,805.
ACTION: Awarded the contract in the amount of $1,462,805 to Ruiz Engineering
Company, 1344 Temple Avenue, Long Beach, CA 90804 and authorized the Mayor
and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
262-5011-483300-3120 Local Street Maint - Measure M Turnback $1,710,921
340-5011-483300-3120 TCRF $ 352,624
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3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 067-39; SP-3595 Fiscal Year 2006-07 Phase II
Annual Street Maintenance Program - Slurry Seal at Various Locations. (A2100.0
Agr-5065)
SUMMARY: Bids for Annual Slurry Seal at Various Locations were received and
opened on April 5, 2007. Three (3) Bidders responded to the Notice Inviting Bids. The
apparent low bidder is Pavement Coatings Company for $151,251.
ACTION: Awarded the contract in the amount of $151,251 to Pavement Coatings
Company and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
262-5011-483300-3120 Local Street Maintenance - Measure M Turnback $250,000
3.16 Contract Change Order No.1 and Final Payment; Bid No. 056-41; Tustin Street
and Chapman Avenue Critical Intersection Improvements Project (SP 3361).
(A2100.0 Agr-4915)
SUMMARY: The Contract Change Order authorizes payment for additional work at
agreed lump sum prices. The total cost for this change order is $45,930.87.
ACTION: Approved Contract Change Order No. 1 and Final in the amount of
$45,930.87 to Alliance Streetworks, Inc. for the additional work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
284-5011-483300-3228 Transportation System Improvement Program $ 29,855.06
(TSIP) - Area B
550-5011-483300-3228 Regional Service Transportation Program $ 16,075.81
(RSTP) Federal Funding
3.17 Final Acceptance of Bid No. 056-45; Waterline Renewal for Fern St., Hillside
Ave., Brookside Ave., Warbler PI., Hart St., Mockingbird PI., Oriole PI. and
Meadowlark PI. and authorization to file Notice of Completion with the County
Recorder (No staff report required). (A2100.0 Agr-4933)
SUMMARY: Bid No. 056-45 Waterline Renewal for Fern St., Hillside Ave., Brookside
Ave., Warbler PI., Hart St., Mockingbird PI., Oriole PI. and Meadowlark PI. The
contractor on said job was West Valley Construction, Inc.
ACTION: Accepted public work improvements; authorized release of Safeco
Insurance Company of America, Bond No. 6398825, in the amount of$83l,709.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
DONATIONS
3.18 Donation from Wal-Mart of Orange for use during Emergency Medical Services
(EMS) Week. (C2500.H)
SUMMARY: Wal-Mart of Orange has donated a check in the amount of $650.00 to be
used to support the Emergency Medical Services Week of which the City of Orange is
a partner.
ACTION: Accepted the check for $650.00 in support of Emergency Medical Services
Week. Appropriated the $650.00 from 100-3022-293900 (paramedic donations) to
(other-miscellaneous account 100-3022-429800) for the Ray of Life Foundation for
EMS Week.
FISCAL IMPACT: None. The $650.00 donation will be turned over to the Ray of Life
Foundation for EMS Week.
RESOLUTIONS
3.19 RESOLUTION NO. 10178 (C2500.M)
A Resolution of the City Council of the City of Orange supporting the Groundwater
Replenishment System and the joint efforts of the Orange County Water District and
the Orange County Sanitation District to identify and develop alternative sources for
safe, reliable water supplies for Orange County.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 10186 (T2200.0)
A Resolution of the City Council of the City of Orange opposing AB 1457.
Discussion - Councilmember Murphy, as the City's representative to the Foothill-
Eastern Transportation Corridor Agency, spoke on the negative effects AB 1457 would
have on the much needed extension of the toll road in South County; noting that the
least environmentally damaging extension alternative was already approved in 2006;
and the current proposal would actually improve the area with a water management and
recycling program.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10186.
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3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.2 was approved as corrected. Item 3.6 and 3.20 were removed and heard
separately. Mayor Cavecche and Councilmember Smith recorded a No vote on Item
3.8. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE
4.1 Update from Mayor Cavecche on Legislation affecting Group Homes.
Mayor Cavecche gave updates on various bills being considered in committee, some doing
well and some not doing well. She stated that the bill governing licensing of sober living
homes which has a new category of alcohol recovery maintenance facility is being considered.
She stated that it is hoped by many that the 300-foot separation clause be a part of these bills.
She added that the Republican Caucus is sending a letter to Governor Schwarzenegger for an
executive order on this issue.
She stated that a bill to prohibit six or more registered sex offenders from living in the same
home is moving through the committees. She also stated that the Steve Ambriz bills, one
which extends the sentencing for driving under the influence is not doing well; but that the one
requiring a driver to sign a statement at the DMV that they understand the ramifications of
driving under the influence which will increase the sentencing of violators, is doing well.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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7. ADMINISTRATIVE REPORTS
7.1 Report from the Public Works Director - Cooperation and Reimbursement
Agreement between the City of Orange and the Orange Redevelopment Agency relating
to certain traffic signal improvements at the intersection of Manchester Avenue and
Compton Avenue; and award of contract in the amount of $169,884 to Christopher R.
Morales, Inc. for installation of a traffic signal at the intersection of Manchester Avenue
and Compton Avenue (Bid No. 067-34). (A2100.0 Agr-5066; 5067)
(See related Orange Redevelopment Agency Minutes Item 7.1)
SUMMARY: The Cooperation and Reimbursement Agreement provides for Agency
reimbursement to the City of Orange for the costs incurred by the City in connection with
certain traffic signal improvements at the intersection of Manchester Avenue and Compton
Avenue in an amount not to exceed $200,000.
Bids for the traffic signal improvements at the intersection of Manchester A venue and
Compton Avenue project were received and opened on March 29, 2007. Seven (7) bidders
responded to the Notice Inviting Bids. The apparent low bidder is Christopher R. Morales, Inc.
ofIndustry in the amount of$169,884.00.
Discussion - Public Works Director, Gail Farber gave a brief staff report. Responding to a
question by Mayor pro tem Dumitru, she indicated that Christopher R. Morales Inc., met all the
bid requirements and as the low bidder is being awarded the contract.
Mayor pro tem Dumitru questioned the need for the proposed signal improvements with
already existing traffic islands, another nearby signal, asked if there were other types of
warning devices for pedestrians; and asked for information on traffic counts.
Traffic Engineer, Tom Mahood responded to questions from Council that the traffic signal was
being installed for pedestrian safety which is safer than pedestrian flashers or warning beacons.
He stated the cost is high due to the difficult shape of the piece of land the signal is being
installed at. He noted there are 4,000 cars per day through the intersection; and described the
usage of Manchester as a frontage road and as the onramp (southbound) to the 5 Freeway at
Orangewood.
Mayor Cavecche questioned whether the Manchester condominiums developer was asked to
install a traffic light. Councilmember Bilodeau asked if this met the warrant for pedestrians.
Mr. Mahood responded that the increase in pedestrian traffic to the food court at the Best Buy
shopping center was more responsible than the development of the homes and that the warrant
for vehicles was met at this location. He added that the landscaping being installed at the
Manchester condominiums development will also add to the sight distance restriction.
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7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Smith stated her support for the signal given the new configuration of the 5
freeway, the high speeds traveled on Orangewood, the danger to pedestrians at the Best Buy
parking lot; adding that it is worth the expense for safety reasons and the service to the
neighborhood.
Mayor Cavecche stated that after visiting the site, she sees the need for the signal, and did not
want the City to be put in a position of liability; but noted it was unfortunate that the City did
not get more funding from the local developer for signal improvements at this location.
RESOLUTION NO. 10179
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency for a traffic signal
installation at Manchester Avenue and Compton Avenue within the Orange Merged and
Amended Redevelopment Project Area.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Bilodeau
NOES - Dumitru
Moved to: 1) Adopt Resolution No. 10179; 2) Award a contract in the amount of$169,884.00
to Christopher R. Morales, Inc. and authorize the Mayor and City Clerk to execute on behalf of
the City; and 3) Authorize the Public Works Director/City Engineer to approve change orders
to the contract as deemed necessary and appropriate up to but not in excess of$16,988.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 10-07 (FIRST READING) (Continued from April 10, 2007)
(A2500.0 Ord-l0-07 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 - City Attorney David DeBerry reported the Police Department currently does a
background check on tow truck drivers and the Police Department believes this background
check is adequate to determine citizenship of the drivers. He stated the ordinance will require
the operators to wear the permit in plain view that will contain their photo, driver's license and
date of birth.
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9. LEGAL AFFAIRS (Continued)
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 10-07 be read by title only and same was set for second reading by
the preceding vote.
9.2 ORDINANCE NO. 11-07 (FIRST READING) (A2500.0 Ord-ll-07)
An Ordinance of the City Council of the City of Orange describing the Orange Redevelopment
Agency's Eminent Domain Program for the Orange Merged and Amended Redevelopment
Project Area and authorizing and directing a Revised Statement of Institution of
Redevelopment Proceedings to be recorded in the official records of the County of Orange.
Discussion - Economic Development Director, Jim Reichert gave the staff report, indicating
that this action was being taken to satisfy the requirement in recently adopted legislation-
SB1809.
Mayor Cavecche suggested a change in wording for this Ordinance - the Agency shall not
exercise the power of eminent domain to acquire any private real property within the Merged
and Amended Project Area if ownership of the property will be transferred to a private party
or private entity for purposes of redevelopment, economic development or any other private
use.
City Attorney, David DeBerry reported that the only time the Redevelopment Agency has used
its power of eminent domain to transfer property from one person to another, was to address a
holdover tenant on the former site of The Block. He added that the proceeding was filed on
that lease and the matter was settled with the lessee and the mall developer.
Councilmember Smith asked for clarification on the possible use of eminent domain from
school districts, colleges and private universities; noting that Chapman University is very close
and in some places included in the Redevelopment (southwest) area. She stated that recently
17 acres were added to the Chapman University Specific Plan and at a public workshop a
member of the public asked the question about the school's use of eminent domain.
Assistant City Attorney Ted Reynolds, explained that school districts, universities and colleges
are considered public or quasi-public entities. Mr. Reynolds reiterated that the ordinance
addresses putting limitations on the redevelopment agency, not giving power to Chapman
University or the school districts for use of eminent domain.
Mr. DeBerry stated that private universities would be required to get permission from the City
Council to exercise the power of eminent domain. He added that this limits the redevelopment
agency from condemning private property and giving it to Chapman University, but does not
preclude Chapman from seeking Council approval to exercise eminent domain. He also
clarified personal property such as a lease on real property.
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April 24, 2007
9. LEGAL AFFAIRS (Continued)
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 11-07 be read by title only and same was set for second reading by
the preceding vote; with the additional language as noted.
9.3 RESOLUTION NO. 10182 (C3300.0 CUP-2334-00; CUP-90-60)
A Resolution of the City Council of the City of Orange Repealing and Revoking, in its entirety,
Conditional Use Permit No. 90-60, which allowed the General On-Sale (Type 47) of alcohol at
a bona fide eating establishment, and Conditional Use Permit No. 2334-00, which permitted
entertainment in conjunction with the service of alcoholic beverages 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) for the property located at 1107 North Tustin
Street.
Revocation of Conditional Use Permit No.'s 90-60 and 2334-00
(Quan's Rockin' Sushi A.K.A. Sage Sushi)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10182.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham
Personnel Manager Mike Harary
Senior Personnel Analyst Monica Vasquez
Employee Organizations: Orange Management Association
Orange Maintenance and Crafts Employees Association
Orange Municipal Employees Association
Water Department Employees Association
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7:00 P.M. SESSION
12. PUBLIC COMMENTS
Jonathan Hill, Orange, speaking on behalf of the Feedback Foundation, thanked Council for
their support over the year; and reported they have merged with Senior Meals and Services in
Garden Grove, and are now known as Community Senior Serve.
13. PUBLIC HEARINGS -
13.1 APPEAL NO. 0515-07 - CONDITIONAL USE PERMIT NO. 2580-06, DESIGN
REVIEW COMMITTEE NO. 4080-06 AND NEGATIVE DECLARATION NO. 1767-06;
MARK D. DRENNER, APPLICANT; OLD TOWNE PRESERVATION
ASSOCIATION (OTPA), APPELLANT - 424 SOUTH GRAND STREET (A4000.0
App-0515-07)
Time set for public hearing to consider an appeal of the Planning Commission's approval to
allow the demolition of a 380 square foot, single-story detached garage replacing it with a 1,327
square foot, two-story, detached accessory structure, providing a three-car garage and an
Accessory Second Housing Unit on a property with an existing single-family residence
characteristic of the Hip Roof Cottage architectural style that was constructed originally in 1906.
NOTE: Negative Declaration No. 1767-06 was prepared to evaluate the potential environmental
impacts of the proposed project in accordance with the provisions of the California
Environmental Quality Act (CEQA).
Discussion - Community Development Director, Alice Angus provided the staff report.
Councilmember Smith asked the size of a standard garage, accessory second unit, the
dimensions to an uncovered parking space required with a second unit, as well as the materials
to be used on the project.
Mrs. Angus stated the standard sizes for a garage is 400 square feet (sf); an accessory second
unit is 640 sf; an uncovered parking space is a little less than 200 sf; and the materials to be
used consisted of wood siding, wood windows and other similar treatments as the original
structure.
THE MAYOR OPENED THE PUBLIC HEARING -
Appellant, Jeff Frankel spoke regarding the OTPA's contention that the project is incompatible
with the historic district. He raised questions regarding the bulk and mass of the structure, as
well as identified areas that they felt were deficient in the review of the project. He stated
there was a lack of discussion on how this project relates to the South Grand Street Study,
which concluded that the 300 and 400 blocks of South Grand were over developed.
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13. PUBLIC HEARINGS (Continued)
He stated the original staff report lacked crucial information relating to the South Grand Street
Study, CEQA guidelines, second unit housing legislation and issues with cumulative effects.
He suggested that the project be denied or sent back through the process for further review.
Doug Ely, architect for the owner, spoke on the project's history, floor area ratios (FAR) of
specific zoning, the project's sensitivity to bulk and mass, utilization of existing elements, the
use of the Grand Street Study and Sanborne Maps for historical purposes, the placement of the
garage in the original location, habitable versus non-habitable spaces; and stated that the
standards given by the City have been followed.
The following people spoke in favor of the Appeal, and in opposll1on to the project,
commenting on: Issues with bulk and mass and impacts on surrounding structures; suggested
returning this project through review process; this project is not consistent with South Grand
Street Study; a poor decision was made by the Planning Commission; this project is not
supportive of the Old Towne Design Standards; there is already a lack of maintenance on the
property; DRC meetings are not noticed publicly; South Grand Street Study findings have not
been published; suggested a moratorium until South Grand Street updates can be published and
put into effect; parking and traffic impacts on Grand Street;
Reggie Mundekis
Annalisa Goode
Patty Ricci
Carol Rudat
Ben Pruett
Jan Chomyn
Janet Crenshaw
Diana Zdenek
Tom Loughrey
Gary Zdenek
Mr. Ely responded to concerns expressed by reiterating that the project has been approved by
all reviewing bodies; the down-zoning of South Grand Street did not preclude development
and that the project is below FAR requirements.
Mayor pro tern Dumitru and Councilmember Smith questioned Mr. Ely on the square footage
of the garage area and the reason for the footprint of the building being larger than the
traditional square footage for an accessory second unit, the addition of dormers and their
proposed use, whether the garage was worth saving or not, and the proposed parking area and
its access.
Mr. Ely stated the square footage calculation and that he disagreed that the footprint was larger,
the dormers were not being considered for habitable space, the garage would be torn down to
build the project, and the access to the parking area being from the alley which would turn the
front of the property to landscaped open space.
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CITY COUNCIL MINUTES
April 24, 2007
13. PUBLIC HEARINGS (Continued)
OTPA Representative, Mr. Frankel stated that the four dormers do add additional room;
questioned the restoration of the front landscape to the 1920's or 1930's; whether the alley was
used as an access and if not, the front should remain the access point; the Sanborne Maps
contain inaccuracies; and the uncertainty of the square footage facts on the project. He further
stated the project needs a more sympathetic design and further assessment, using the available
studies to determine the impact on the historic district.
THE MAYOR CLOSED THE PUBLIC HEARING
City Attorney, David DeBerry stated that the make-up and the decision-rnaking process of the
Planning Commission; the guidelines and regulations proposed, but not adopted by Council; and
the moratorium or proposed moratorium of accessory units were not relevant to the decision. He
further stated that the purpose and intent of the rezone; impacts being addressed by the rezone
and the project in light of the adopted standards including the Old Towne Design Standards and
the Secretary of the Interior Standards and Guidelines for Rehabilitation were the relevant issues
to be considered.
Mayor Cavecche asked for clarification on the FAR figures being used.
Community Development Director, Alice Angus stated that within the R-l Zone, the maximum
FAR is .6, adding that it is then applied to the context-looking at the surrounding character of
the neighborhood. She stated that the FAR for this project was within the .35 FAR stated as an
average in the unadopted Grand Street Study of the 300-400 Block of South Grand; and that the
bulk area ratio comes into play in determining whether or not the project is in compliance. She
added that her calculations do not include the uninhabitable space; and that assurances can be
put in place to ensure that these areas are not converted to habitable space in the future.
In response to a question from Mayor pro tem Dumitru, Mrs. Angus stated that after a garage
with a second unit above it was approved in the area, the 300-400 blocks of South Grand Street
were studied and then rezoned because of a public outcry of overbuilding in terms of density.
These two blocks were rezoned and more recommendations were to come back to the Council
along with the General Plan.
Mayor Cavecche stated that she was on the Council during this rezone, and noted that from
reviewing those minutes, the Council had asked that those recommendations come back quickly.
In response to a question from Councilmember Bilodeau about permits for driveway access,
Mr. DeBerry indicated that a permit is required for new access to any property in the City,
adding that in the Old Towne area access would be according to design standards.
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CITY COUNCIL MINUTES
April 24, 2007
13. PUBLIC HEARINGS (Continued)
Mrs. Angus stated that the access from the alley is not as limited as front access from the street,
adding that the Planning Commission placed a condition on the project's proposed alley
access-that the access from Grand Street be closed off. She indicated that permits for access
from the street addressed curb cuts to ensure they be constructed correctly.
Mayor pro tem Dumitru asked whether down-zoning this property would conflict with ABl866
requiring cities to provide its fair share of housing in terms of the regional housing numbers.
Mrs. Angus responded that any time down-zoning is considered, determination must be made
whether it would eliminate housing identified in the Housing Element to meet the numbers;
however, she added that state law allows denial of projects in historic districts if a housing unit
project is out of compliance with regulations and standards.
Mr. DeBerry stated that the State law allows cities to enact zoning and regulations on secondary
units, but they cannot be arbitrary or burdensome so as to unreasonably restrict a homeowner
from adding an accessory unit. He reiterated that historic districts can have more restrictive
standards regarding secondary units.
Councilmember Smith addressed the three areas that Mr. DeBerry stated were relevant to the
decision:
. In 2004, the Council voted to rezone the 300-400 blocks of South Grand Street to R-l, due to
the neighborhood having met the threshold of capacity for second units, the density areas
had exceeded the thresholds, more units in the two blocks than the General Plan advised,
impacts with traffic, lower property values, and the loss of single-family ambience and
charm.
. This proposal does not seem to fit the neighborhood and suggested an option of a single
story 640 sf cottage with a two car garage on the side. She stated that this property could
add a smaller single-story unit with no staircase, along with a smaller garage and no laundry
room. . These options still comply with the zoning and the right to build.
· The City's design standards hold the capacity to govern this project. She stated that it is a
discretionary project-and the Council is a discretionary body. Just because the policy
allows for a larger project, it is not necessarily compliant to build a large project.
She further suggested the applicant down-size the project to a more appropriate addition which
would be kinder to the neighborhood.
Councilmember Bilodeau stated that he would have difficulty making the findings to approve
this project - that it does not preserve the historic context of the site; also noting that the
proposed structure is not very well screened by the residents. He also suggested a single story
unit.
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CITY COUNCIL MINUTES
April 24, 2007
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Dumitru stated that the City has adopted design standards and the architectural
style does not fit into the area. He stated that the down-zoning was to specifically remove the
secondary unit congestion from the neighborhood. He further stated that although the property
owner has a right to build on his property, this project is not appropriate.
Councilmember Murphy stated the difficulty with this kind of project being subject to
interpretation rather than something easily measured-stating that the measurement of livable
area in this residence is not clear. He stated that looking at the impact of the project on the
neighborhood and the streetscape, showed an overbearing structure. He suggested allowing the
applicant to bring back a project without prejudice. He suggested a smaller project-single
story with a separate stand alone garage. He added he could not support the project and would
vote for the appeal with the applicant being able to bring back the project in a timely basis
incorporating the views stated.
City Attorney David DeBerry stated that the Council could direct a different project be brought
back for approval without paying certain fees; however, the applicant could not come back with
the same project within six months of denial.
Community Development Director, Alice Angus, answering a question by Councilmember
Smith, stated that a redesign of the project would require redoing the Negative Declaration.
Mayor Cavecche stated that the requested CUP on the second story is a discretionary matter-
and that she could not agree with the findings; and along with the intent of the rezone, she stated
she could not allow the project to go forward. She added that the secondary units allowed in an
R-l zone must conform to the neighborhood it is built in and that the guidelines in Old Towne
do not support the findings brought forward.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to uphold the appeal and deny Conditional Use Permit 0515-07 without prejudice, and
allow the applicant to resubmit a revised plan without fees.
14. PLANNING AND ENVIRONMENT - None.
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CITY COUNCIL MINUTES
April 24, 2007
15. ADJOURNMENT - The City Council adjourned at 9:00 p.m.
The next Regular Council Meeting is scheduled for May 8, 2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 24, 2007 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, Main Library at 407 E. Chapman; all of said locations being in the City of Orange
and freely accessible to members of the public at least 72 hours before commencement of said
regular meeting; and available at the Civic Center City Clerk's Office.
/ "
.. Y,'<"-:1 r(~
MA~E.~URPHY .
,
CITY CLERK .
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