11/13/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 27,2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 13,2007
The City Council of the City of Orange, California convened on November 13, 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 Rev. Dr. Osmond Lindo, First United Methodist Church of Orange.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange Acres Backbreakers 4-H Club.
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution to Phillip Lemke of the Community Services Department,
upon his retirement.
2. PUBLIC COMMENTS - None.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1 Request Council Confirmation of warrant registers dated October 11, 18 and 25,
2007.
ACTION:
Approved.
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CITY COUNCIL MINUTES
November 13,2007
3. CONSENT CALENDAR (Continued)
3.2 Request approval of City Council Minutes, Regular Meeting of October 23, 2007.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Upgrade of the current Police Facility access control system. (A2100.0 Agr-
3508.A)
SUMMARY: This project is to upgrade the current card reader system to the same
system used at the Civic Center. Access cards are no longer manufactured for the
current system at the Police Department. Once the card supply has been exhausted,
additional access rights for future employees or replacement of lost or damaged cards
will be unavailable.
ACTION: Approved agreement with RD Systems, Inc. for Police Facility Access
Control upgrade in an amount not to exceed $75,090.14.
FISCAL IMP ACT: Funds are available in the following account:
500-4011-481302-2225 Capital Projects-Administration-CIP Equipment Replacement-
Access Card Reader System.
3.5 Amendment No. 11 to Cooperative Agreement No. C-95-986 between City of
Orange and Orange County Transportation Authority (OCTA). (A2100.0 Agr-
2397.11)
SUMMARY: The Amendment No. 11 to Cooperative Agreement between Orange
County Transportation Authority (OCT A) and City of Orange amends Combined
Transportation Funding Program (CTFP) Allocations.
ACTION: Approved Amendment No. 11 to Cooperative Agreement No. C-95-986 and
authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
November 13, 2007
3. CONSENT CALENDAR (Continued)
3.6 Consultant Services Agreement with RBF Consulting to update the City of
Orange Housing Element as required by State law. (A2100.0 Agr-5142)
SUMMARY: This professional services contract was previously approved by the City
Council on September 25, 2007. Revisions have been made to the contract provisions
at the consultant's request. The contract amount remains the same as previously
approved.
ACTION: Approved the amended version of the Consultant Services Agreement with
RBF Consulting as the consulting team to prepare the Housing Element Update, in an
amount not to exceed $77,000; and authorized the Mayor and City Clerk to execute the
amended version of the agreement on behalf of the City.
FISCAL IMP ACT: Funds are available for the Housing Element Update as follows:
100-6011-426700-9797 General Fund/Professional & Consulting Services $49,700
941-9800-426700-9797 Merged Housing Fund/Prof. & Consulting Services $27,300
APPROPRIATIONS
3.7 2006-07 Urban Area Security Initiative (UASI) Grant - Anaheim Urban Area
allocation for Police Emergency Operations Center (EOC) upgrades. (C2500.K)
SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant
award to the City of Orange for technology upgrades to the Police Headquarters EOC.
The City of Orange entered into an agreement (No. 4858) with the City of Anaheim on
February 17, 2006, which allows for the transfer of UASI funds for the purchase of
equipment or services. The allocation of funds provided through the grant will be used
to purchase computers, LCD projectors and screens, and televisions which will be
reimbursed by the Anaheim Area U AS!.
ACTION: Appropriated $20,000 from the unreserved general fund balance to Account
100-4081-471301-2319 Homeland Security-Equipment for EOC upgrades.
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $20,000 through the UASI grant funds, there will be no fiscal
impact to the General Fund. After appropriation, funds will be available as follows:
100-4081-471301- 2319 Homeland Security-Equipment $20,000
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CITY COUNCIL MINUTES
November 13, 2007
3. CONSENT CALENDAR (Continued)
3.8 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. The Calvert Company
b. Linda G. White
c. Leticia Reyes
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Approve Contract Change Order No.1 and Final for Bid No. 067-27; Lincoln
Avenue AHRP Project Street Rehabilitation Improvements from Berkeley Street
to Tustin Street (SP-3530). (A2100.0 Agr-5048)
SUMMARY: This final contract change order authorizes payment for extra work at
contract unit prices and agreed prices. The extra work consists of construction of
concrete approach on Lincoln Avenue at Tustin Street, street improvements in front of
the property at 916 Lincoln Avenue, and minor changes due to field conditions. This
change order will increase the contract award amount by $45,861.03.
ACTION: Approved Final Contract Change Order increase in the amount of
$45,861.03 to All American Asphalt, 400 E. Sixth St., Corona, CA 92878, and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds for this Final Contract Change Order are available in the
following accounts:
272-5011-483300-3039 Gas Tax Lincoln Ave.; Berkeley St. to Tustin St. $351,826.63
550-5011-483300-3039 AHRP Lincoln Ave.; Berkeley St. to Tustin St. $486,251.95
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CITY COUNCIL MINUTES
November 13,2007
3. CONSENT CALENDAR (Continued)
3.10 Award Contract for Bid No. 067-45, to provide Custodial Services for City
Buildings for Fiscal Year 2007-08. (A2100.0 Agr-5178)
SUMMARY: Provide Custodial Services for City of Orange Buildings including Parks
and Recreation.
ACTION: Awarded a contract to American Building Maintenance of Tustin, California
in the amount of $273,092.00 for custodial services at City and recreation buildings for
FY2007-08; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds are budgeted for the FY2007 -08 and are available
in the following account:
100-5028-424202-0000
Janitorial Services
$273,092.00
3.11 Contract Change Order No.1; Bid No. 067-44; SP-3600; Community
Development Block Grant (CDBG) Projects - Grand Street, Center Street, Blake
Street, Harwood Street, and Pine Street Reconstruction. (A2100.0 Agr-5111)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total cost for this change order is $88,485.37.
ACTION: Approved Contract Change Order No.1 in the amount of $88,485.37 to All
American Asphalt, Inc. for the extra work.
FISCAL IMP ACT: Funds will be available in the Capital Improvement Program in the
following accounts:
310-9645-483300-4056
310-9645-483300-4057
310-9645-483300-4058
310-9645-483300-4059
310-9645-483300-4060
CDBG Blake Street Reconstruction
CDBG Center Street Reconstruction
CDBG Grand Street Reconstruction
CDBG Harwood Street Reconstruction
CDBG Pine Street Reconstruction
TOTAL
$ 45,402
$ 37,894
$ 38,154
$ 61,269
$ 60,869
$243,588
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CITY COUNCIL MINUTES
November 13,2007
3. CONSENT CALENDAR (Continued)
3.12 Award of Contract - Bid No. 078-15; Project No. SP-3619; Asbestos Abatement at
125 and 145 South Water Street, and Building Demolition at 125 South Water Street.
(A2100.0 Agr-5179)
SUMMARY: Bids for the Asbestos Abatement at 125 and 145 South Water Street, and
Building Demolition at 125 South Water Street Project were received, and opened on
October 18,2007. Twelve bidders responded to the Notice Inviting Bids. The apparent
low bidder is Interior Demolition, Inc. in the amount of $42,220. The Engineer's
Estimate is $70,000 including contingencies and construction engineering.
ACTION: Awarded the contract in the amount of $42,220 to Interior Demolition, Inc.,
2621 Honolulu Ave., Montrose, CA 91020 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 accounts:
500-3021-481105-2977 Fire Station 1 $1,273,121.00
601-8041-481102-8935 Water Plant Warehouse Replacement $ 385,103.00
3.13 Final Acceptance of Bid No. 067-23; Well 26 Electrical Equipment Installation
and Site Plans and authorization to file Notice of Completion with the County
Recorder (No staff report reQuired). (A2100.0 Agr-5044)
SUMMARY: Bid No. 067-23; Well 26 Electrical Equipment Installation and Site
Plans. The contractor on said job was Arnaz Engineering Contractor, Inc.
ACTION: Accepted public work improvements; authorized release of Merchant
Bonding Company, Bond No. CAC47860 in the amount of $433,000.00 and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None
3.14 Final Acceptance of Bid No. 067-44; SP-3600; Grand Street, Center Street, Blake
Street, Harwood Street, and Pine Street Reconstruction (CDBG) Projects and
authorization to file Notice of Completion with the County Recorder (No staff
report reQuired). (A2100.0 Agr-5111)
SUMMARY: Bid No. 067-44; SP-3600; Grand Street, Center Street, Blake Street,
Harwood Street, and Pine Street Reconstruction (CDBG) Projects. Staff recommends
acceptance of improvements. The contractor on said job was All American Asphalt.
ACTION: Accepted public work improvements, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08891976 in the amount of $269,400.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None
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CITY COUNCIL MINUTES
November 13,2007
3. CONSENT CALENDAR (Continued)
3.15 Award of Bid No. 078-16 to Dell Computer for the purchase of Microsoft Software
Licenses. (C2500.E)
SUMMARY: The City's Information Technology network includes site licenses for
the Microsoft Windows Operating System, Exchange E-mail System and Office
Professional Desktop Applications. Every five to seven years, the site licenses need to
be upgraded to reflect changes in the City's technology environment and to stay current
with technology resources.
ACTION: Awarded bid and purchase from Dell Computer for the purchase of
Microsoft Software Licenses in the amount of $244,032.51.
FISCAL IMP ACT: Funds are currently available in the following account:
790-1601-481303-9640 MIS Fund $244,032.51
RESOLUTIONS
3.16 RESOLUTION NO. 10223 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Management Association
Concerning Wages, Hours, and other Conditions of Employment effective July 1, 2007
through and including June 30, 2010 and Repealing Resolution No. 10003 and
Amendments Thereto for Said Employees.
ACTION: Approved.
3.17 RESOLUTION NO. 10224 (C2500.J.4.4)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Maintenance and Crafts
Employees' Association Concerning Wages, Hours, and Other Conditions of
Employment for the Period of July 1, 2007 Through and Including June 30, 2010 and
Repealing Resolution No. 10005 and Amendments Thereto for Said Employees.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 13, 2007
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 10225 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Municipal Employees'
Association Relating to the Wages, Hours, and Other Conditions of Employment
Effective July 1, 2007 Through and Including June 30, 2010 and Repealing Resolution
No. 10004 and Amendments Thereto for Said Employees.
ACTION: Approved.
3.19 RESOLUTION NO. 10226 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Water Division Employees'
Association (WDEA) Concerning Wages, Hours, and Other Conditions of Employment
Effective July 1,2007 Through June 30, 2010 and Repealing Resolution No. 10006 and
Amendments Thereto for Said Employees.
ACTION: Approved.
3.20 RESOLUTION NO. 10237 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Captain Jim Anderson of the Police Department for 24 years of loyal and dedicated
service to the City of Orange.
ACTION: Approved.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
November 13,2007
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Public Works Director - Summary of the Citywide Traffic Signal
Coordination Project Report. (S4000.S.3.3)
Mr. Tom Mahood, City Traffic Engineer, provided a report, noting that the signal coordination
system is both automatic and requires staffing, that the project is aligned with the OCT A M2
project, that protected permissive left turns are being addressed and that the travel time studies
were actual physical studies.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Received and Filed.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 18-07 (SECOND READING) (A2500.0 Ord-18-07 Business
Taxes & Regulations)
An Ordinance of the City Council of the City of Orange Amending Portions of Title 5 of the
Orange Municipal Code Relating to Certain Fees for the Issuance of Certain Business
Licenses, Permits and Certificates.
MOTION - Murphy
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 18-07 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
November 13,2007
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 4:55 p.m. The City Council did not meet in Closed Session.
a. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO. 2006-0004 AND NEGATIVE
DECLARATION NO. 1766-06 - CASA FLORES APARTMENTS, 250-276 SOUTH
FLOWER STREET. (C2300.E GPA-2006-0004)
Time set for public hearing to consider a request to amend the General Plan Land Use
designation from Low Density Residential to Medium Density Residential.
This site is zoned Residential Multi-family (R-3) and this proposal would not change the zone.
There is presently an inconsistency between the General Plan designation and the zoning. The
purpose of the change is so the land use designation will be consistent with the zoning
designation. There is no construction proposed for this site.
Discussion -
In response to questions from Councilmember Smith, Community Development Director Alice
Angus noted that with a Medium Density Residential designation, there potentially could be
one more unit added to the site.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Speakers -
Michael Chew, representing the Applicant, noted the request is to gain consistency with the
zoning designation for refinancing purposes; and the applicant has no intention of adding any
units to the site.
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CITY COUNCIL MINUTES
November 13, 2007
13. PUBLIC HEARINGS (Continued)
George Tindall, spoke in support.
Mary Dufrane, spoke in opposition, with concern for possible future development.
Tim Smith, spoke in opposition, with concern for possible future development.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
Council commented that a re-designation to medium density is an adjustment to what is
currently there; there are no development proposals for any adjacent properties; state law
requires that the zoning and general plan designations be consistent; and that the medium
density designation was established in the 1960s.
Council Action:
RESOLUTION NO. 10230
A Resolution of the City Council of the City of Orange approving General Plan Amendment
No. 2006-0004 and Negative Declaration No. 1766-06 to allow for the land use change from
Low Density Residential (LDR) to Medium Density Residential (MDR) for Property located at
250-276 South Flower Street.
Applicant: L' Abri Management, Inc.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10230.
13.2 CONDITIONAL USE PERMIT NO. 2662-07 - WESTOAK CHEVRON
FUELING STATION, 1940 E. KATELLA AVENUE, APPLICANT: DR. BOBBY
MEHTA. (C3300.0 CUP-2662-07)
Time set for public hearing to consider a request for approval of a Conditional Use Permit to
allow the sale of alcoholic beverages, (Type 20 License for Off-Sale Beer and Wine), within an
existing accessory retail sales/cashier area of an existing automotive fueling station, at property
located at 1940 E. Katella Avenue.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Speakers -
Mr. Christopher Wadleigh, representing the Applicant, stated there have been requests from
their customers for beer and wine sales; and they will be providing security measures,
additional lighting and safety training.
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CITY COUNCIL MINUTES
November 13,2007
13. PUBLIC HEARINGS (Continued)
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
Mayor pro tem Dumitru commented the existing lighting was inadequate in certain areas on the
property, the possibility exists for patrons drinking while their cars were being washed, the
establishment serves people outside the community because of its proximity to the freeway,
and the majority of other stations in the area do not sell beer and wine.
Councilmember Murphy noted it was his recollection that this facility was originally built with
the understanding that it might be difficult to obtain an alcohol license; and although the
establishment is a well run business as it is, he could not in good conscience approve an
alcohol license.
Councilmember Smith noted the findings necessary to approve a Conditional Use Permit have
not been met.
Council Action:
RESOLUTION NO. 10234
A Resolution of the City Council of the City of Orange denying Conditional Use Permit No.
2662-07, a request to maintain a Type 20 ABC License (Off-Sale Beer and Wine) in
association with an existing service station located at 1940 East Katella Avenue.
Applicant: Dr. Bobby Mehta, Westoak Chevron
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10234
13.3 UNIFORM BUILDING AND FIRE CODES. (A2500.0 Ord-21-07; 22-07)
Time set for public hearing to consider adoption of the most recent editions of the model codes
related to construction, including the California Building, Plumbing, Mechanical, and
Electrical Codes, and other related codes.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC
HEARING
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CITY COUNCIL MINUTES
November 13,2007
13. PUBLIC HEARINGS (Continued)
Council Action:
ORDINANCE NO. 21-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Specified Sections of Title
15 of the Orange Municipal Code Relating to Construction Codes and Adopting the 2007
Edition of the California Codes, Related Model Codes and Appendices and Amendments
thereto.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance 21-07 be read by title only and same was set for second reading by the
preceding vote.
ORDINANCE NO. 22-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange Deleting Chapter 15.32, California
Fire Code, in its entirety and adding Chapter 15.32, adopting and amending the 2007
California Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction)
of the Orange Municipal Code.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance 22-07 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 10233
A Resolution of the City Council of the City of Orange, California, Setting forth Findings with
Respect to Local Conditions within the City of Orange which make certain modifications and
changes to the California Fire Code Necessary for Various Occupancies.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10233
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CITY COUNCIL MINUTES
November 13,2007
13. PUBLIC HEARINGS (Continued)
13.4 APPEAL NO. 0520-07 - MITIGATED NEGATIVE DECLARATION 1793-07,
MAJOR SITE PLAN REVIEW 0526-07, CONDITIONAL USE PERMIT 2673-07,
DESIGN REVIEW COMMITTEE 4273-07, AND VARIANCE 2181-07 - BEST BUY
AND STARBUCKS; 2355 AND 2375 NORTH TUSTIN STREET. APPELLANT:
WEST HOLLYWOOD PROPERTIES. (A4000.0 App-0520-07)
Time set for public hearing to consider an appeal of the Planning Commission's approval to
allow the demolition of a 30,000 square foot building formerly occupied by a bowling alley
and a 7,250 square foot car wash in order to construct a 45,750 square foot retail building (Best
Buy) and a 1,700 square foot drive-through coffee dispensary (Starbucks).
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
John Erskine, representing the appellant, submitted a letter, and spoke of the need by West
Hollywood Properties for a full grant of easement for utility purposes from Burnham
Properties, as well as cooperation in completing the subdivision of their property. In response
to Council questions, he commented that West Hollywood Properties would like all available
utilities, that they have drafted a utility agreement and provided it to the applicant, and noted
that the billboard was constructed in the mid 1990s.
It was noted that the rear property lacks a separate parcel number and no property taxes have
been paid on it.
Tamara Stein, representing the applicant, stated that the environmental consultant reported no
significant impacts would occur as a result of the project and that the CEQA guidelines for
environmental review had been complied with. She also commented that the zoning is
compatible with several other comparable properties, that the sign variance is warranted so
they are not disadvantaged, and that an access easement has been recorded to prevent the
billboard property from being landlocked.
Ralph Weiss, representing the applicant, stated that a utility easement has been offered to West
Hollywood Properties as part of a global resolution of the issues between the appellant and
applicant.
Councilmember Murphy suggested a continuance of this item until the end of the meeting so
the applicant and appellant can attempt to work out an agreement on issues between the two
parties.
Speakers
Adam Probolsky, representing the appellant, spoke of the need for the easement and the
parcelization of the property.
Lisa Ackerman - spoke in opposition to the project citing the negative impacts to the
surrounding residential neighborhoods because of a lack of a buffer, height of the building and
traffic impacts.
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CITY COUNCIL MINUTES
November 13,2007
13. PUBLIC HEARINGS (Continued)
Linda Gould - spoke in opposition to the project citing environmental concerns and increased
traffic.
Councilmember Bilodeau clarified concerns with traffic issues, including traffic signals in
close proximity and wanted to ensure there was adequate landscaping as a buffer between the
project and the adjacent residential neighborhood.
Representatives of the Appellant and the Applicant agreed to a recess to discuss terms of an
agreement.
COUNCIL RECESSED AT 8:50 P.M.
Mr. Erskine reported that the parties had met and had reached a potential compromise and will
work to get a final agreement as soon as possible. West Hollywood Properties will utilize the
new relocation easement which was submitted, with some modifications; and will agree to
work to narrow the scope of the utility easement, as well as work on a few real estate issues.
Both Mr. Erskine and Mr. Weiss asked that a decision on this appeal be made at this meeting.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
City Attorney, David DeBerry stated that the public utility easement has no nexus to the
project and that no evidence has been provided to indicate that this project is causing an
environmental impact that would require a mitigation measure of allowing a utility easement to
the rear property. He also stated that the public comment period was adequately observed
according to CEQA guidelines and that in the City's experience, as was the case at this
meeting, no matter how much time is provided for comments, parties will wait until the last
minute to submit extensive comments.
Council Action:
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to deny Appeal No. 0520-07.
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November 13,2007
14. PLANNING AND ENVIRONMENT
14.1 Report from the Public Works Director - Neighborhood Permit Parking Areas.
(S4000.S.3.1.2)
SUMMARY: In response to a request made by area residents, the City Traffic Commission is
recommending creation of a new Neighborhood Permit Parking Area "L" to include the
following streets:
NOTE: The final motion amended this list.
a) Both sides of Jacaranda Avenue between Morgan and Mallard Streets
b) Both sides of Jackson Avenue between Morgan and Mallard Streets
c) Both sides of Juniper Avenue between Morgan and Mallard Streets
d) Both sides of Locust Avenue between Morgan and Mallard Streets
e) Both sides of Mallard Street between Collins and Jackson Avenues
f) Both sides of Monroe Avenue between Morgan and Mallard Streets
g) Both sides of Morgan Street between Collins and Jackson Avenues
The residents of the following streets in the Chapman University Neighborhood Parking Permit
Area have requested to actively participate in the parking permit program by posting their
streets for the parking restriction and to obtain parking permits:
a) Both sides of Jefferson Avenue between Shaffer and Harwood Streets
b) North side of Maple Avenue from 115 W. Maple Avenue to Olive Street
c) Both sides of Mayfair A venue between Glassell and Grand Streets
d) Both sides of Olive Street between Maple and Palm Avenues
Discussion - City Traffic Engineer, Tom Mahood reported that Area L would be the lih
permit parking area in the City and includes 86 parcels.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
Speakers -
Bruce Ramm - speaking in opposition - submitted a petition with approximately 42 signatures
from residents north of Locust in opposition to the proposed parking area.
Speaking in favor -
Bob Cheatum
Jerry Lehrer
Sonny Bishop
Eric Zembower
Antonio Santos
Beth Santos
Richard Slaughter
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CITY COUNCIL MINUTES
November 13, 2007
14. PLANNING AND ENVIRONMENT (Continued)
Mayor Cavecche commented on her experience with living in an area that was helped by the
permit parking program. She noted that there is no cost to pull out of a permit area, but there is
a cost to be added after the fact.
Councilmember Murphy noted that parking permits can be a solution, but does come with
responsibilities, cautioned that one of the problems with the program can be with guests-
forgetting to purchase extra permits resulting in receiving a ticket. He stated his support for
splitting the area to remove the residents that do not want to be a part of the program.
Councilmember Smith stated that she lives just outside of a parking permit area and cautioned
that those looking to park their cars may do so in the immediate un-permitted neighborhoods.
Councilmember Bilodeau noted the parking problems south of Collins, stating his concern for
inadequate parking requirements in the zoning code, asking that this issue be addressed.
Community Development Director, Alice Angus stated that addressing the parking
requirements is planned to be brought back in 2008 or 2009. She added that if garages have
been illegally converted staff must observe this to address it.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
RESOLUTION NO. 10231
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9929, and
adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
MOVED TO: I) Adopt Resolution No. 10231 revising the Master Resolution of Permit
Parking Areas - Permit area to include Juniper Avenue between Morgan and Mallard,
Jacaranda Avenue between Morgan and Mallard, Morgan Street from Collins northerly ending
with 986 Morgan and the side property of 3122 Locust; and Mallard Street from Collins
northerly ending with 985 Mallard and the side property of 3212 Locust;
and 2) Appropriate $965.00 from Account No. 270-5021-234100 Parking Permits, into
Account No. 270-5021-446600 Street Signs and Markers.
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CITY COUNCIL MINUTES
November 13,2007
15. ADJOURNMENT -
The City Council adjourned at 9:55 p.m.
The next Regular Council meeting is scheduled for November 27,2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 13,2007 at Orange Civic Center kiosk, Police facility at 1107
North Batavia, and the Main Public 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.
~~
M URPHY
( CITY CLERK
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