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Council Minutes 06/25/13APPROVED BY THE CITY COUNCIL ON JULY 9, 2013 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA June 25, 2013 The City Council of the City of Orange, California convened on June 25, 2013, 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 Rod Schorr, Covenant Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Mark A. Murphy 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Employee Service 2. PUBLIC COMMENTS — Pat Buttress, Southern California Edison representative, encouraged the public to be conscious and conserve energy during the upcoming Summer season. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR June 25, 2013 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 Confirmation of warrant registers dated June 6 and June 13, 2013. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of June 11, 2013. (C2500.D.4) NOTE: Mayor pro tem Murphy recorded an abstention due to his absence at this meeting. ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement with California Forensic Phlebotomy, Inc. to take Evidence in Incidents that involve DUI and Drugs for the Police Department, in an amount not -to- exceed $123,000.00. (A2100.0 Agr- 1626.P) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement with Judicial Data Systems Corporation for Parking Citation Processing for the Police Department, in an amount not -to- exceed $50,000.00. (A2100.0 Agr- 3553.M) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Agreement with TriTech Software Systems for Software Upgrades and Maintenance for the Police Department's Computer -Aided Dispatch and Records Management System, in the amount of $101,233.20. (A2100.0 Agr- 3217.L) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 2 CITY COUNCIL MINUTES June 25, 2013 3. CONSENT CALENDAR (Continued) 3.7 Agreement with Joseph C. Truxaw & Associates, Inc. to Conduct Topographic Survey and Prepare Base Plans, in the amount of $34,015.00. (A2100.0 Agr -6005) ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute on behalf of the City. 3.8 Third Amendment to Memorandum of Understanding with the County of Orange for Theo Lacy Jail Facility. (A2100.0 Agr- 1669.3) NOTE: Councilmember Bilodeau recorded an abstention due to a possible conflict with his employment. ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. APPOINTMENTS 3.9 Re- Appointment of Mr. Daniel Correa to the Planning Commission for a full four year term (7 -1 -13 through 6- 30 -17). ACTION: Approved. 3.10 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. Clark Smith b. Bettye L. Cantwell C. Wei Chen ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.11 Award of Contract for Bid No. 123 -36; Maintenance and Rehabilitation to Wells, Pumps, and Electric Motors on an On -Call, As- Needed basis. (A2100.0 Agr -6006) ACTION: Approved a three -year service contract with General Pump Company with an initial annual amount of $400,000.00 for FY 13/14, subject to a 2% maximum annual formula -based inflation adjustment starting with FY 14/15, with a three year total not to exceed $1,224,160.00; and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 3 CITY COUNCIL MINUTES June 25, 2013 3. CONSENT CALENDAR (Continued) 3.12 Award of Contract for Bid No. 123 -10; Federal Highway Safety Improvement Program (HSIP) Project Tustin Street and Palm Avenue Traffic Signal Modification Providing North -South Protected Left Turn Phasing. (A2100.0 Agr- 6007) ACTION: 1) Appropriated $43,500.00 from unreserved Fund 263 to Account No. 263.5032.56100.16085 (Tustin Street at Palm Avenue Left Turn Signalization); and 2) Awarded the contract in the amount of $179,527.00 to California Professional Engineering, Inc., and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.13 Final Acceptance of Bid No. 123 -16; Male /Female Fire Facilities Improvements project performed by Jen's Construction, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -5969) ACTION: Accepted public work improvements, authorized release of Indemnity Company of California, Bond No. 784122P in the amount of $159,570.88 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. DEEDS 3.14 Quitclaim of an Old Santa Ana Irrigation Company (S.A.V.I.) Easement located at 1104 North Sacramento Street. (D4000.0) ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Herman Inc., for the S.A.V.I. easement. 3.15 Authorize the Granting of a Public Utility Easement on City of Orange Property to Facilitate the Undergrounding of Public Utilities in Old Towne Orange. (D4000.0) ACTION: 1) Authorized the granting of public utility easement on City of Orange property; and 2) Executed Easement Deed in favor of the public utility company. PARCEL MAP 3.16 Approve Final Parcel Map No. 2010 -147 and Accept Right -of -Way Dedication. (C2500.M.16.2) ACTION: Approved Final Parcel Map No. 2010 -147 and accepted dedication of a 25 feet by 25 feet corner - cutoff at the northeast corner of Glassell Street and University Drive. PACE 4 CITY COUNCIL MINUTES June 25, 2013 3. CONSENT CALENDAR (Continued) PURCHASES 3.17 Purchase of Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor, Fiscal Year 2013 -14. (C2500.K) ACTION: Authorized the purchase of Police Department ammunition from Dooley Enterprises, Inc. in the amount of $70,000.00. 3.18 Purchase of Police Department Uniforms and Accessories from Galls, Inc. through a cooperative purchasing agreement, Fiscal Year 2013 -14. (C2500.K) ACTION: Authorized the purchase of Police Department uniforms from Galls, Inc. in the amount of $45,000.00. 3.19 Purchase of Police Department Uniforms and Accessories from Quartermaster through a cooperative purchasing agreement, Fiscal Year 2013 -14. (C2500.K) ACTION: Authorized the purchase of Police Department uniforms from Quartermaster, in the amount of $45,000.00. RESOLUTIONS 3.20 RESOLUTION NO. 10721 (C2300.E) A Resolution of the City Council of the City of Orange Concerning the Status of the Circulation and Mobility Element and Mitigation Fee Program for the City of Orange Renewed Measure M (M2) Program. ACTION: Approved. 3.21 RESOLUTION NO. 10724 (C2500.D) A Resolution of the City Council of the City of Orange Urging the Board of the South Coast Air Quality Management District (SCAQMD) to Honor the Rule of Local Control and Allow Each Agency the Ability to Regulate Placement and Control of Fire Rings Within its Jurisdiction. NOTE: Councilmember Bilodeau recorded an abstention due to a possible conflict with his employment. ACTION: Approved. PAGE 5 CITY COUNCIL MINUTES June 25, 2013 3. CONSENT CALENDAR (Continued) MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Mayor Pro tem Murphy recorded an abstention on Item 3.2. Councilmember Bilodeau recorded an abstention on Items 3.8 & 3.21. All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH — Mayor Smith invited the community to the 3` of July celebration at Fred Kelly Stadium at El Modena High School beginning at 4:00 p.m. 5. REPORTS FROM COUNCILMEMBERS — None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Consider the appointment of Phillip Bonina to the Parks Planning and Development Commission to fill the expired term of Tom Davidson. Discussion — Mayor Smith stated that she had agendized the appointment and reactivation of this commission for future review of the proposed Rio Santiago project in East Orange. Mayor pro tem Murphy stated that the Planning Commission could perform the review since there is no park planned for the project, adding that other than this one project there probably aren't enough projects for the commission to review. Councilmember Whitaker stated his agreement with the Planning Commission performing the review. He reiterated from the discussion at the last meeting that if the Park Commission were to review the proposed Rio Santiago project, Park Commissioner Tom Davidson would need to recuse himself due to his living within 500 feet of the project. Mayor Smith stated that the proposed project includes open space and trails. She stated that reactivating the commission and making this appointment would allow the City to be prepared for when review of the project occurred, adding that another project in East Orange had been reviewed by this commission. She also stated that it had been determined that Mr. Davidson would have to recuse himself causing a possible 2 -2 vote on the project, and that her nomination of Mr. Bonina was her attempt to address that scenario. PAGE 6 CITY COUNCIL MINUTES June 25, 2013 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Cont'd) Councilmember Alvarez questioned making the appointment before settling the issue of whether to reactivate the commission. He also suggested reviewing the make -up of the commission to determine whether new members were warranted. City Attorney Wayne Winthers pointed out that although the Park Commission has not met in several years, it was still an active commission and a commissioner remains active until replaced, and that any changes to this policy would have to be addressed in an ordinance. Councilmember Bilodeau agreed that the commission needed a complete review, and asked about the notice posted on the appointment. The Council all noted, however, that Mr. Bonina was more than qualified to serve on this Commission. Mayor Smith, noting a lack of support, stated she was withdrawing the item. NOTE: The item was withdrawn — no action was taken. 7. ADMINISTRATIVE REPORTS 7.1. Commitment of HOME Investment Partnerships (HOME) funds for proposed Santa Ines Senior Villas. (C2500.G.1.9) Discussion — Housing Manager Mary Ellen Laster provided the staff report, stating that the onsite services are provided by OASIS, and that the economic viability analysis had been provided to Council at this meeting. She also confirmed funding deadlines. Councilmember Alvarez stated the City is doing its due diligence by having an objective party look at the project funding; expressed concern for the City taking the third trust deed position on the loan; and requested financial records from the two partners involved. Speaker — Scott Choppin, Manager, Urban Pacific Multi - Housing LLC, stated that all project applicants have strong financial viability. The Council confirmed with Ms. Laster and Mr. Choppin aspects of the commitment letter, the age of the appraisal, the value of the project, the existence of audit and bank statements, that there are no bankruptcies or foreclosures in the companies' past, the equity in the project, and that the County was open to possibly taking the third trust deed position. Councilmember Whitaker stated that the project is planned for a blighted property and there exists a need for low- income senior housing. He added that the letter from Wells Fargo Bank indicates a strong financial standing, and that the bank would do a more rigorous review. He stated his support of the commitment letter to allow the company to try for the tax credits, and that he did not feel the need to request audits that can be very expensive to produce. PAGE 7 CITY COUNCIL MINUTES June 25, 2013 7. ADMINISTRATIVE REPORTS (Continued) Councilmember Alvarez stated that the project is a good one, and requested additional financial records be provided. Mayor Smith stated that the Council considered the project design multiple times, and all requested changes were addressed 100% by the applicant. She stated her confidence in the project and that there is a market for this type of housing. She requested that the City take the second trust deed position, with the County taking the third. She then reminded that the project will come back to the Council for final approval. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Items 1 and 2; include cash flow and financial records from all applicants; and that the City of Orange is in the second trust deed position on the loan documents. 1) Authorize the City Manager to execute a letter regarding the Loan Commitment of HOME funds in the amount of $928,387.00 for the proposed Santa Ines Senior Villas; and 2) Authorize the transfer of $928,387.00 to Account No. 317.9660.56571.20091 (HOME Loan - Santa Ines Project) from the following accounts: 317.9660.56510.11250 (HOME Developer Funds) $794,157.89 317.9660.51771.11110 (HOME Program General Administration) $134,229.11 8. REPORTS FROM CITY MANAGER — None 9. LEGAL AFFAIRS — None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY PAGE 8 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS June 25, 2013 11.1 LANDSCAPE MAINTENANCE DISTRICT 86 -2 (SANTIAGO HILLS). (L1200.0 LMD -86 -2 Santiago Hills) Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 86 -2, which is located within the Upper Peters Canyon Specific Plan Area (Santiago Hills). Discussion — Deputy Public Works Director Frank Sun gave the staff report, stating there is no increase to the rates. THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. 1) RESOLUTION NO. 10722 A Resolution of the City Council of the City of Orange Approving the Engineer's Report and Providing for the Annual Assessment for Landscape Maintenance District 86 -2 (Santiago Hills). 2) Establish the Assessment for Fiscal Year 2013 -2014 for Landscape Maintenance Assessment District 86 -2 at $369.44 per single family unit per year. MOTION - Bilodeau SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Resolution No. 10722, and established the assessment for FY 2013 -14 at $369.44 per single family unit per year. 11.2 LANDSCAPE MAINTENANCE DISTRICT 94 -1 (SYCAMORE CROSSING). (L1200.0 LMD -94 -1 Sycamore Crossing) Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore Crossing Tract. Discussion — Deputy Public Works Director Frank Sun gave the staff report, stating there is no increase to the rates. Mayor Smith confirmed with staff that there is no reserve. THE MAYOR OPENED THE PUBLIC HEARING. PAGE 9 CITY COUNCIL MINUTES 11. PUBLIC HEARINGS (Continued) Speaker - Rich Robertson — Thanked staff and supported approval. THE MAYOR CLOSED THE PUBLIC HEARING. 1) RESOLUTION NO. 10723 June 25, 2013 A Resolution of the City Council of the City of Orange Approving the Engineer's Report and Providing for the Annual Assessment for Landscape Maintenance District 94 -1 (Sycamore Crossing). 2) Establish the Assessment for Fiscal Year 2013 -2014 for Landscape Maintenance Assessment District 94 -1 at $293.08 per single family unit per year. MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Resolution No. 10723, and established the assessment for FY 2013 -14 at $293.08 per single family unit per year. 11.3 PROPOSED FISCAL YEAR 2013 -14 (FY 14) CITY OF ORANGE BUDGET AND SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1) Time set for a public hearing to consider the Proposed Fiscal Year 2013 -14 (FY 14) City of Orange Operating Budget. Discussion — Assistant City Manager Rick Otto provided the staff report reporting that the budget is balanced for the second consecutive year. Mr. Otto listed the savings to the General Fund: • Frozen positions • Furlough program • Labor concessions over the last four years • Department budgets held at status quo He also listed the costs to the General Fund: • Fire Department overtime costs • Workers compensation costs • Moving the Emergency Transport Fund to the General Fund • Wind down of the RDA (now funded by General Fund) He then responded to Council questions, summarized highlights, and shared economic forecast information. PAGE 10 CITY COUNCIL MINUTES June 25, 2013 11. PUBLIC HEARINGS (Continued) Mayor Smith commended City leadership and staff for where the budget stands today, acknowledging their efforts to implement direction from the Council over the past five economically difficult years for the benefit of the community. Councilmember Whitaker encouraged continued vigilance, and asked about the urgency to absorb the Emergency Transportation Fund by the General Fund. He suggested rather to keep it a separate fund, while determining how to best address the issue. Staff responded to his additional questions regarding the Water Fund, and the increase to salary and benefits due to workers compensation costs. Councilmember Bilodeau stated that the Orange County Water District is allowing cities to pump more water from the ground rather than having to purchase it, decreasing the City's water costs. RESOLUTION NO. 10727 A Resolution of the City Council of the City of Orange Adopting said City's Budget for the Fiscal Year 2013 -14 and Relating to Transfers of Funds between and within Appropriations, Transfers between Funds, and additional Appropriations. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Resolution No. 10727, with the condition to keep the Emergency Medical Transportation Fund a separate line item. RESOLUTION NO. 10726 A Resolution of the City Council of the City of Orange Adopting the Appropriations Limit of $148,422,952.00 for the Fiscal Year 2013 -14. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved approval of Resolution No. 10726. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to find that the portion of the Fiscal Year 2013 -14 Budget subject to the Gann limit is $78,512,300.00, and therefore within the limit. PACE 11 CITY COUNCIL MINUTES June 25, 2013 12. RECESS TO CLOSED SESSION The City Council recessed at 6:15 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager, and Mike Harary, Assistant Human Resources Director. Employee Organizations: All Bargaining Units except Orange City Firefighters. b. Conference with Legal Counsel — Existing Litigation pursuant to California Government Code Section 54956.9(a). Denise Peruzzi v. City of Orange, OCSC Case No.: 30- 2012 - 00604749. c. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. PAGE 12 CITY COUNCIL MINUTES 7:00 P.M. SESSION 13. ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau 14. PUBLIC COMMENTS - None 15. PUBLIC HEARINGS June 25, 2013 15.1 TRANSITIONAL AND SUPPORTIVE HOUSING ORDINANCE. (Continued from June 11, 2013.) (A2500.0 Ord -06 -13 Transitional & Supportive Housing) Time set for a continued public hearing to consider an Ordinance amending Title 17 (Zoning) of the Orange Municipal Code to allow for "transitional housing" and "supportive housing" in Single - Family Residential, Duplex Residential, Multi- Family Residential, Old Towne Mixed Use, and Public Institution zoning districts either as a "permitted" or "conditionally permitted" use, pursuant to State law. Discussion — Senior Planner Jennifer Le provided the staff report. She stated that the amendment is required by state law and in answer to concerns stated at the last Council meeting, she added that public noticing is not required because no permit is required for transitional or supportive housing accommodating six or less persons; but seven or more persons requires a CUP and would need to be noticed. She added that the ordinance also allows for a lesser parking standard to be used, subject to approval by the Zoning Administrator, and those decisions do not require a public hearing or public noticing. THE MAYOR OPENED THE PUBLIC HEARING. Tim Paone, Home Aid OC — Thanked staff and urged approval of the Ordinance. Martha Tillman, Haven of Love — Thanked staff and urged approval of the Ordinance. Mark Murrel, Casa Teresa — Thanked staff and urged approval of the Ordinance. THE MAYOR CLOSED THE PUBLIC HEARING. Mayor Smith stated that though residents in transitional housing do not typically have vehicles, the staff and visitors need parking. She further stated her desire for the standards in the code to be upheld, especially in the homes with seven or more persons. In response to questions by the Mayor, Ms. Le stated that the requirements for parking are taken from the parking standards in the Municipal Code and that applicants can make a request for a different standard to the Zoning Administrator. Page 13 CITY COUNCIL MINUTES 15. PUBLIC HEARINGS (Continued) June 25, 2013 Councilmember Whitaker stated the parking requirement should be the same for transitional and supportive housing as other homes in the same area with a similar use, and expressed confidence that the Zoning Administrator could apply the rules equitably. Councilmember Alvarez stated that at the last meeting, he voted against this amendment because he felt there is a need to regulate the housing (particularly in single family residential neighborhoods). He added that since then, he has read Senate Bill 2 which does not appear to allow for regulating transitional or supportive housing of six or less persons. He stated he would be changing his vote. Mayor pro tern Murphy stated he was not able to support the motion unless a condition was added to include a public hearing notice requirement for a Zoning Administrator review of an applicant's request for a parking standards deviation. ORDINANCE NO. 06-13 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Title 17 (Zoning) of the Orange Municipal Code to Allow for Transitional Housing and Supportive Housing in Single Family Residential, Duplex Residential, Multi- Family Residential, Old Towne Mixed Use, and Public Institution Zoning Districts either as a Permitted or Conditionally Permitted Use Pursuant to State Law; to Assign Parking Standards for Transitional Housing and Supportive Housing; and to Recognize Existing Transitional Housing and Supportive Housing Located in the Old Towne Mixed Use Zones as a "Permitted Use" Allowing Such Uses to Renovate, Reconstruct, or Expand, Subject to Compliance with Development Standards. MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith, Murphy ABSENT - Bilodeau Moved that Ordinance No. 06 -13 be read by title only and same was approved for second reading by the preceding vote with the addition of a public noticing requirement for any parking standards deviation requests considered by the Zoning Administrator. 15.2 CRAIG DRIVE RAILROAD RIGHT -OF -WAY — ZONE CHANGE NO. 1264 -12. (Z1500.0 ZCG- 1264 -12) Time set for a public hearing to consider an Ordinance of the City of Orange approving Zone Change No. 1264 -12 to place a Single - Family Residential (R -1 -7) Zone on former Railroad Right -of -Way. Applicant: Carlos San Roman. Discussion — Associate Planner Doris Nguyen provided the staff report, stating that the applicant's ultimate goal is to extend the property lines. She further addressed questions from the Council regarding the easement, as well as how far the residents can extend their property lines. PAGE IA CITY COUNCIL MINUTES June 25, 2013 15. PUBLIC HEARINGS (Continued) THE MAYOR OPENED THE PUBLIC HEARING. Carlos San Roman — Stated he purchased the property in 2005 to extend the backyard, and that he had a good relationship with the pipeline company and asserted his responsibility over safety issues. He further shared on access to the easement, and the creation of lack - locked parcels. Michael McKinney, Agent for Mr. San Roman — Urged approval of the zone change. Nick Stavros — Spoke on concerns for building on the easement, and requested the easement become a trail. Joel Rimmer, neighbor — Urged approval of the zone change Adam Lopez, neighbor — Urged approval of the zone change Ms. Gomez, neighbor — Urged approval of the zone change Mayor Smith announced the receipt of two letters. THE MAYOR CLOSED THE PUBLIC HEARING. Associate Planner Doris Nguyen responded to Council questions on building regulations, including how they apply in relation to the presence of the gas pipeline. ORDINANCE NO. 07-13 (FIRST READING) An Ordinance of the City Council of the City of Orange Approving Zone Change No. 1264 -12 to Place a Single - Family Residential (R -1 -7) Zone on Previous Railroad Right -of -Way with an APN of 094 - 593 -28. Applicant: Carlos San Roman. MOTION - Murphy SECOND - Whitaker AYES - Alvarez, Whitaker, Murphy NOES - Smith ABSENT - Bilodeau Moved that Ordinance No. 07 -13 be read by title only and same was approved for second reading by the preceding vote. Mayor Smith stated that she voted no on the item due to its proximity to the gas pipeline. She stated her reasons why as 1) she is not in favor of getting closer to the pipeline, and 2) the goal to expand the property lines is not being afforded to the residents on Ruth Place, thereby making it inequitable. PAGE 15 CITY COUNCIL MINUTES June 25, 2013 16. PLANNING AND ENVIRONMENT - None 17. ADJOURNMENT - The City Council adjourned at 8:30 p.m. The next Regular City Council Meeting will be held on Tuesday, July 9, 2013, at 4:30 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of June 25, 2013 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 sai regular meeting; and available at the Civic Center City Clerk's Office. n gHY P CITY CLERK MAYOR PAGE 16