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8/26/2008 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 2008 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING August 26, 2008 The City Council of the City of Orange, California convened on August 26, 2008, 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 Robert Dargatz, Immanuel Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Proclamation to members of the 2008 Leadership Orange Class for efforts in renovating the Killefer Park After-school building. 2. PUBLIC COMMENTS The following people spoke on the status of the Ficus trees on Prospect Street at Fairhaven: Lupe Gaines Beverly Thomas Louis Horwitz Phil Dominguez Steve Rocco, spoke on Police issues in Orange and redistricting of School District boundary lines. Evan Harris, spoke on redistricting of School District boundary lines. Page 1 CITY COUNCIL MINUTES August 26, 2008 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 July 15, 17, 24, 29, 31 and August 5, 2008. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, July 22, 2008. (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 July 31,2008. (C2500.F) ACTION: Approved. AGREEMENTS 3.5 Agreement with the State of California Office of Traffic Safety (OTS) for the DUI Enforcement and Awareness Program Grant for Federal Fiscal Year 2009. (A2100.0 Agr-5117.A) ACTION: 1) Approved agreement with the State of California OTS for the DUI Enforcement and Awareness Program and authorize the City Manager to execute the agreement on behalf of the City; and 2) Appropriated $123,623 from the General Fund, into the Traffic Program as follows: 100-4041-412101-2258 Overtime-Safety $92,237 100-4041-429400-2258 Local Training $ 3,322 100-4041-471301-2258 Equipment $28,064 3.6 Agreement for Professional Engineering Services for the Marywood Pump Station Replacement Study Project. (A2100.0 Agr-5314) ACTION: Approved agreement with Stantec Consulting, Inc. in an amount not to exceed $42,080.00 and authorized the Mayor and the City Clerk to execute the agreement. Page 2 CITY COUNCIL MINUTES August 26, 2008 3. CONSENT CALENDAR (Continued) 3.7 Agreement for Professional Services for the Well 27 Construction Project. (A2100.0 Agr-5315) ACTION: 1) Appropriated $60,000.00 from unallocated reserves to Account 601- 8011-484101-8119 (Well 27 Construction); and 2) Approved agreement to Tetra Tech, Inc. in an amount not to exceed $315,000.00 and authorize the Mayor and City Clerk to execute the Agreement. 3.8 Employment Agreement with City Manager John Sibley. (A2100.0 Agr-4707.D) NOTE: Mayor Cavecche recorded a No vote on this item. ACTION: Approved Agreement for employment of City Manager. 3.9 Amendment No.2 to Agreement D99-128 to Fund Nutrient, Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) in the San Diego Creek and Newport Bay Watershed. (A2100.0 Agr-4326.2) ACTION: Approved Amendment No.2 and authorize the Mayor and City Clerk to sign the Amendment and sixteen additional signature pages for distribution to each party executing this Amendment. APPROPRIA TIONS 3.10 Professional Engineering Services for the Nohl Ranch Road Sidewalk Improvement Project. (A2100.0 Agr-5316) ACTION: 1) Appropriated $345,600.00 from the Unallocated 550 funds to 550-5011- 483300-3089 for the State's share of reimbursable engineering and construction costs of the Nohl Ranch Road Sidewalk Improvements; 2) Appropriated $38,400.00 from the unreserved fund balance of the Measure M Fund 262 to 262-5011-483300-3089 for the City's share of engineering and construction costs of the Nohl Ranch Road Sidewalk Improvements; and 3) Approved Agreement with Kabbara Engineering in an amount not to exceed $35,000.00 and authorize the Mayor and City Clerk to execute the Agreement. 3.11 Appropriation of Funds for Project No. 6302 - Traffic Control Devices. (S4000.S.3) ACTION: Authorized the appropriation of $50,000.00 from Fund 272 Gas Tax fund balance to Account 272-5032-483100-6302, Traffic Control Devices. Page 3 CITY COUNCIL MINUTES August 26, 2008 3. CONSENT CALENDAR (Continued) BIDS 3.12 Bid No. 089-05, Approval of Plans and Specifications and request Authorization to Advertise for Bids for construction of Proposition 42 City Aid Program (CAP) Project - Maple Avenue, Maplewood Street, Monterey Road, Shattuck Place, and Waverly Street Rehabilitation Improvement Project. (S4000.S.7) ACTION: Approved plans and specifications and authorize advertising for bids for the Maple Avenue, Maplewood Street, Monterey Road, Shattuck Place, and Waverly Street Rehabilitation Improvement Project. 3.13 CLAIMS (C3200.0) 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. William Yerrick b. R.J. Noble ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.14 Award of Contract - Bid No. 078-55 to Irv Seaver Motorcycles of Orange, CA to purchase three BMW Police Pursuit Motorcycles. (C2500.K) ACTION: Authorized the purchase of three BMW Police Pursuit Motorcycles from Irv Seaver Motorcycles of Orange, CA in the amount of$76,101.06. 3.15 Award of Contract - Bid No. 089-03 to outfit twelve 2008 City of Orange Police Pursuit Vehicles. (C2500.K) ACTION: Awarded contract to Hi Standard in the amount of $115,706.96; and authorized the Mayor and City Clerk to execute the contract. 3.16 Award of Contract - Bid No. 089-04; Community Development Block Grant (CDBG) Project - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2008-09. (A2100.0 Agr-5317) ACTION: Awarded the contract in the amount of $86,240 to Kalban, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. Page 4 CITY COUNCIL MINUTES August 26, 2008 3. CONSENT CALENDAR (Continued) 3.17 Final Acceptance of Bid No. 078-39; Police Headquarters Exterior Wall Sealing and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-5271) ACTION: Accepted public work improvements, authorize release of Carolina Casualty Insurance Company, Bond No. 0120926 in the amount of $42,760.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.18 Final Acceptance of Bid No. 078-48; Asbestos and Lead Abatement and Removals, Demolition of Residential Houses on Cannon Street and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-5262) ACTION: Accepted public work improvements, authorize release of Arch Insurance Company of California, Bond No. SU 1033676 in the amount of $57,110.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.19 Final Acceptance of Bid No. 078-35; Annual Street Maintenance Asphalt Concrete Overlay at Various Locations, FY 2007-08 (No staff report required). (A2100.0 Agr-5260) ACTION: Accepted public work improvements, authorize release Travelers Casualty and Surety Company of America of Connecticut, Bond No. 105063396 in the amount of $3,083,075.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.20 Contract Change Order No.1 - Bid No. 078-38; Cannon Street and Santiago Canyon Road Street Improvements. (A2100.0 Agr-5270) ACTION: Approved Contract Change Order No.1 in the amount of $123,057.11 to Hillcrest Contracting for the extra work. PURCHASES 3.21 Purchase of eight Law Enforcement Digital Cameras and 10 Nikon Coolpix Cameras from Linear Systems to replace current 35mm Nikon and Polaroid Cameras used by CSI (Crime Scene Investigators) and Patrol Officers. (C2500.K) ACTION: Appropriated $7,700 to Account 355-4034-471301 (Federal Asset Forfeiture-Patrol-Equipment) for the purchase of the cameras from Linear Systems as a sole source vendor. Page 5 CITY COUNCIL MINUTES August 26, 2008 3. CONSENT CALENDAR (Continued) RESOLUTIONS (REMOVED AND HEARD SEP ARATEL Y) 3.22 RESOLUTION NO. 10284 (A2500.0) A Resolution of the City Council of the City of Orange updating fees for the Transportation Systems Improvement Program and amending and revising the Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees. NOTE: A request was received from CHOC Hospital for a continuance of this item to September 9,2008. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru ABSTAIN - Bilodeau ACTION: Continued to September 9,2008. 3.23 RESOLUTION NO. 10314 (S4000.S.3.6) A Resolution of the City Council of the City of Orange assigning The Block Way to a new street, and renaming the dual-named street Metropolitan Drive/The Block Drive to Metropolitan Drive. ACTION: Approved. 3.24 RESOLUTION NO. 10315 (C2300.E) A Resolution of the City Council of the City of Orange finding and declaring that the City's Circulation Element is in conformance with the County Master Plan of Arterial Highways. ACTION: Approved. 3.25 RESOLUTION NO. 10320 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the City of Orange Police Association effective July I, 2008 through June 30, 2011. ACTION: Approved. Page 6 CITY COUNCIL MINUTES August 26, 2008 3. CONSENT CALENDAR (Continued) REPORTS 3.26 Fiscal Year 08 Year-End Report of Work Plan Progress, Department Highlights and Status of Capital Improvement and Development Projects covering the period of January 1 through June 30 of 2008. (C2500.E.4) ACTION: Received and filed. MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Item 3.22 was removed and heard separately, and continued to September 9, 2008. Mayor Cavecche 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 Consideration of Appointment of Mayor pro tern Dumitru's Representative to the City Planning Commission. (C2500.G.2.1) MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Matthew Cunningham as Mayor pro tern Dumitru's representative to the City Planning Commission, to fill an unexpired term to end June 30, 2009. Off Agenda Item Mayor Cavecche asked staff to review the policy regarding hiring family members of City employees and bring a report back to the Council in September. 5. REPORTS FROM COUNCILMEMBERS - None Page 7 CITY COUNCIL MINUTES August 26, 2008 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Annual report from Audit Committee Chairman David Sundstrom. (ORI800.0.27.17) MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file. 7. ADMINISTRATIVE REPORTS 7.1 Report on City of Orange Policy for Naming of Parks, Park Facilities and Trails. (continued from July 22, 2008) (C2500.N) NOTE: Staff is requesting this item be continued to no date certain. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to no date certain. 7.2 Report on Request for Proposals (RFP) for Integrated Solid Waste Management Services. (C2500.M.l) Discussion - Public Works Department, Senior Administrative Analyst, Greg Warren gave the staff report, stating that the current contract with Waste Management, Inc. is set to expire on May 31, 2009. Mayor pro tern Dumitru asked about the option of separating the commercial waste hauling from the residential. He asked if this option was built into the RFP. Mr. Laith Ezzet, representing the consulting firm of HF&F, stated that separating the services is an option, adding that 30 of the Orange County cities have one exclusive contract for both services. He stated that a few of the cities have an open system, allowing for residents to choose from multiple haulers, but that this results in double monitoring, efficiency issues and confusion. Responding to questions from Council, Mr. Ezzet stated: · The proposed contract includes incentives for innovation, such as increases to the State's diversion levels; . Options exist to look at separating the commercial from residential hauling; · Single-family homes are considered residential and businesses are considered commercial; · Multi-family dwellings have fallen into both categories and have recycling issues; Page 8 CITY COUNCIL MINUTES August 26, 2008 7. ADMINISTRATIVE REPORTS (Continued) . Explained proposed monitoring of diversion rates; . The evaluation of the bidders could include experience, history of diversion in other cities and references; . Option exists to establish criteria while awaiting responses to RFP. Council discussed the state mandated diversion rates and the suggestion to possibly set a higher goal and give credit for innovation. Councilmember Murphy expressed support for establishing the evaluation criteria up front before the proposals are sent out; and stated the need for minimum standards for diversion levels. Mayor pro tern Dumitru asked for more time to consider separating the commercial from the residential hauling option; and for a more clear explanation of how the evaluation criteria will be weighted. Mayor Cavecche spoke on the evaluation process and the weighting of various factors - noting that cost is just one factor. She will be looking for innovativeness; asked about the evaluation committee and how the committee will know how to band the proposals; and asked about the requirement of maintaining a communication log if any of the companies contacted the Council. Councilmember Smith suggested it was important for the applicants to know ahead of time how they will be evaluated and the weight of each area; and also requested information on the make up of the evaluation committee, suggesting the committee members have no past, present or future connections to the contract. Mr. Laith Ezzet, representing the consulting firm of HF &F, suggested that the RFP could be released allowing for bidders to calculate their numbers while the council determines the evaluation criteria. He stated concern for waiting too long to gather information which could push the RFP process past the current contract's expiration date. Councilmember Murphy indicated that as long as the areas of evaluation are defined, he did not have a problem not having an exact weighting system, but suggested the consultant return with examples of scoring alternatives. Councilmember Bilodeau noted the RFP currently requires vehicles to conform to current Air Quality Management District rules; suggesting that could include a requirement for natural gas or CNG vehicles. Page 9 CITY COUNCIL MINUTES August 26, 2008 7. ADMINISTRATIVE REPORTS (Continued) Council discussed the need for more criteria and examples on the evaluation process; and options for bifurcating the proposal for residential and commercial. It was noted the RFP does not prohibit applicants from speaking with staff or Council as long as a communication log is maintained. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to September 9, 2008, to include information on the pros and cons of bifurcating the RFP for residential and commercial services, criteria on evaluations, a complete copy of the draft agreement, and information on the evaluation committee. 8. REPORTS FROM CITY MANAGER 8.1 Presentation on Status of Quiet Zones. (T2200.1.4) Mr. Darrell Johnson, OCTA, provided a brief presentation on the status of the Rail-Highway Grade Crossing Enhancement Program, providing background, the plan for 52 crossings countywide in nine cities, and a schedule indicating that a two-year construction period is set to begin January 2009. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 06-08 Communication Facilities) An Ordinance of the City Council of the City of Orange amending Sections 17.04.042 and 17.12.025 of the Orange Municipal Code to update definitions and procedures pertaining to the placement and design of wireless communication facilities. (SECOND READING) (A2500.0 Wireless MOTION - Bilodeau SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 06-08 be read by title only and same was approved and adopted by the preceding vote. Page 10 CITY COUNCIL MINUTES August 26, 2008 10. PUBLIC HEARINGS 10.1 ORDINANCE AMENDMENT - REGULATING REGISTERED SEX OFFENDERS. (A2500.0 Register Sex Offenders) Time set for public hearing to consider an ordinance regulating registered sex offenders. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. In response to Council questions, Staff indicated that a general meeting had been held with hotel and motel operators when this ordinance was being drafted; and that notices posted in hotels and motels must be in a conspicuous place at the front desk. Staff was directed to notify hotel and motel operators of the effective date of this ordinance. ORDINANCE NO. 16-08 (FIRST READING) An Ordinance of the City Council of the City of Orange amending Title 9 of the Orange Municipal Code by adding Chapter 9.10 regulating registered sex offenders. MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 16-08 be read by title only and same was set for second reading by the preceding vote. 10.2 ORDINANCE AMENDMENT - DEFINITION OF FAMILY. (A2500.0 Ord-11-08 Zoning/Definition of Family) Time set for public hearing to consider an ordinance amending the Zoning Code that would modify the definition of Family to make it consistent with the City's definition of Single- Family Dwelling and Single Family Residential. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. Page 11 CITY COUNCIL MINUTES August 26, 2008 10. PUBLIC HEARINGS (Continued) ORDINANCE NO. II-OS (FIRST READING) An Ordinance of the City Council of the City of Orange amending Section 17.04.025 of Orange Municipal Code Relating to the Definition of Family. MOTION - Bilodeau SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 11-08 be read by title only and same was set for second reading by the preceding vote. 10.3 FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF ORANGE FOR THE SR-22 FREEWAY WITHIN THE CITY OF ORANGE FROM 0.1 km WEST OF LEWIS STREET TO ROUTE 55. (A2100.0 Agr-5318) Time set for public hearing to consider an update to the City/State SR-22 Freeway Agreement. The Agreement establishes the new freeway boundaries and responsibility for acquisition, construction and maintenance of all City streets impacted by the construction project. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to 1) Find that the approval of SR-22 Freeway Agreement is in compliance with the provisions of the State and Highway Code, Section 100.22; and 2) Approve the SR-22 Freeway Agreement, and authorize the Mayor and the City Clerk to execute on behalf of the City. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 12 CITY COUNCIL MINUTES August 26, 2008 12. RECESS TO CLOSED SESSION The City Council recessed at 6:20 p.m. to a Closed Session for the following purposes: a. Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title: City Manager b. 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 13. PUBLIC COMMENTS - None. 14. PUBLIC HEARINGS 14.1 CITRUS GROVE - GENERAL PLAN AMENDMENT 2007-0004, ZONE CHANGE 1247-07, MAJOR SITE PLAN 0536-07, DESIGN REVIEW COMMITTEE 4299-07 AND ENVIRONMENTAL 1795-07. (C2300.E GPA-2007-0004) Time set for public hearing to consider a proposal to close an existing recreational vehicle and boat storage facility to construct 57 apartments; 56 units would be rented as low or very low income housing, with the 5ih unit serving as a manager's unit. Property is located at 1120 North Lemon Street. Discussion - Community Development Department Director Alice Angus gave the staff report. Responding to a letter received from an attorney representing neighboring residents in opposition to the project, she stated that: · There are no unmitigated impacts with this project; · The City is allowed to amend General Plan to maintain a healthy community; · The project fits with the goals of the Housing Element for low-income housing. Mrs. Angus affirmed the Mayor's statement that the project has more parking than what is required. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. Page 13 CITY COUNCIL MINUTES August 26, 2008 14. PUBLIC HEARINGS (Continued) Councilmember Smith stated that marked crosswalks are needed between the parking area and the dwellings and asked if balcony storage would be allowed. She also asked about regulating the number of vehicles owned by tenants. She concluded her remarks by thanking the applicant for the extra parking and the beautiful project, meeting a great need in the community by providing 57 families with stable housing. Project Applicant, Barry Cottle indicated that there is enclosed storage on the balconies that the project's rules and regulations will regulate. He stated that the best way to limit the vehicle count was to limit occupancy. He responded to Mayor pro tern Dumitru's question, stating that solar heating will be used in the common areas along with other green elements. Council thanked the Orange Housing Development Corporation for the quality project. RESOLUTION NO. 10316 A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. 1795-07 and General Plan Amendment 2007-0004 reclassifying approximately 2.1 acres of property from Industrial to Medium Density Residential upon property located at 1120 North Lemon Street. Applicant: Orange Housing Development Corporation and C&C Development Corporation MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10316. ORDINANCE NO. 14-08 (FIRST READING) An Ordinance of the City Council of the City of Orange approving the reclassification of approximately 2.1 acres of property from M-1 (Light Manufacturing) to R-3 (Residential Multiple-Family) located at 1120 North Lemon Street. Zone Change 1247-07 Applicant: Orange Housing Development Corporation and C&C Development Corporation MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14-08 be read by title only and same was set for second reading by the preceding vote. Page 14 CITY COUNCIL MINUTES August 26, 2008 14. PUBLIC HEARINGS (Continued) RESOLUTION NO. 10317 A Resolution of the City Council of the City of Orange approving Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 to allow for the construction of 57 housing units located at 1120 North Lemon Street. Applicant: Orange Housing Development Corporation and C&C Development Corporation MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10317. 14.2 HOLY SEPULCHER CEMETERY - GENERAL PLAN AMENDMENT 2006- 0001, ZONE CHANGE 1244-06, VARIANCE 2174-06, MAJOR SITE PLAN 0440-06, DESIGN REVIEW COMMITTEE 4083-06 AND ENVIRONMENTAL 1768-06. APPLICANT: ROMAN CATHOLIC ARCHDIOCESE OF ORANGE. (C2300.E GP A-2006-0001) Time set for public hearing to consider a proposal to demolish the existing administration office and construct a new mausoleum, wall crypts, family estates, lawn crypts, private mausoleums, administration office, entry monuments and fencing, and the improvement/dedication of trails, upon property at 7845 East Santiago Canyon Road. NOTE: Councilmember Smith recused herself, citing a potential conflict of interest due to her employment; and left the dais. Community Development Department Director Alice Angus gave a brief staff report. MAYOR CA VECCHE OPENED THE PUBLIC HEARING. Mike Padian, Applicant, described the project. Marcos Higareda, expressing concern about increase in traffic and obstruction of views. It was reported that a traffic study was not performed due to the trip threshold not being met. The Diocese expects internments to remain at the same level, therefore, traffic should stay at the same level Mrs. Angus reported that the building is tucked into the hillside to minimize obstruction of Views. Page 15 CITY COUNCIL MINUTES August 26, 2008 14. PUBLIC HEARINGS (Continued) Mike Wesner, Diocese of Orange, explained that the flower vendors along Santiago Canyon are not employees of the Diocese and are not encouraged by the Diocese. Tom Davidson, spoke in favor, asking if the Diocese would consider adding a six-foot buffer space for the proposed trail along Santiago Canyon Road. Joe Novoa, Diocese of Orange, reported the Diocese would agree to an additional six foot trail buffer, if Orange Park Acres Association would agree to be responsible for the maintenance, and requested the City waive fees associated with installation of improvements that would have to occur. He submitted plans indicating a proposed six foot buffer along the trail with a five foot high vinyl fence. MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10318 A Resolution of the City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. 1768-06 and General Plan Amendment 2006-0001 amending the Open Space Element to reflect the dedication of trails to be included in the Master Plan of Recreational Trails on property located at 7845 East Santiago Canyon Road. MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith (Recused) Moved to approve Resolution No. 10318; with an amended trail plan as submitted by the Applicant, with concurrence of responsibilities between Orange Park Acres, the Diocese of Orange and the City of Orange, pertaining to fees and additional required administrative action. ORDINANCE NO. 15-08 (FIRST READING) An Ordinance of the City Council of the City of Orange approving the reclassification of approximately 45.7 acres of property from RI-40 (Single-Family Residential) to PI (Public Institution) located at 7845 East Santiago Canyon Road. Zone Change 1244-06 MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith (Recused) Moved that Ordinance No. 15-08 be read by title only and same was set for second reading by the preceding vote. Page 16 CITY COUNCIL MINUTES August 26, 2008 14. PUBLIC HEARINGS (Continued) RESOLUTION NO. 10319 A Resolution of the City Council of the City of Orange approving Variance No. 2174-06, Major Site Plan No. 0440-06, and Design Review Committee No. 4083-06 to allow for the construction of a mausoleum, wall crypts, family estates, lawn crypts, private mausoleums, administration office, entry monuments and fencing, and the dedication of two trails located at 7845 East Santiago Canyon Road. MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith (Recused) Moved to approve Resolution No. 10319. 15. PLANNING AND ENVIRONMENT - None 16. ADJOURNMENT - The City Council adjourned at 8:20 p.m. The next Regular City Council meeting is scheduled for September 9,2008. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 26, 2008 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. ~~A.~ ~rv RY E. MURPHY V" CITY CLERK Page 17