HomeMy WebLinkAbout1_23_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 13,2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 23, 2007
The City Council of the City of Orange, California convened on January 23,2007, 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 Mr. Warren Johnson, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None.1.4
PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Recognition to
Orange Lutheran High School, State football champions.Invitation from
Richard Eldridge, Longhouse Chief, Orange YMCA, to the Indian 500 Race on
February 3, 2007.Presentation of
Resolution to Sharon Crawford, upon her retirement.Employee Service
Awards were presented.Mayor Cavecche
noted a letter received from the City of Moorpark thanking City firefighters for
their assistance during a recent fire.2. PUBLIC
COMMENTS -Heather Lykins, Community
Relations Director, Chapman University, reported on upcoming events at
Chapman University - Women's Week at Chapman University February 19-26, Community
Appreciation Day on April 28'\ and an upcoming Book Drive.Brian Lochrie, representing
Orange International Street Fair Committee, reported on the success of
the 2006 Street Fair.Page I
CITY COUNCIL MINUTES January 23,2007
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 January 4 and 11,2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, January 9, 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 December 31, 2006.
C2500.F)
ACTION:Approved.
3.5 Audited Financial Statements and related Financial Reports for the Year ended
June 30, 2006. (C2500.J.1.3)
ACTION:Received and Filed.
3.6 Investment Oversight Committee Report for the period ending December 31,
2006. (ORI800.0.27.16.1)
ACTION:Received and Filed.
Page 2
CITY COUNCIL MINUTES January 23, 2007
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7 Consultant Services Agreement with Integrated Design Services, Inc. for Project
and Construction Management Services. (A2100.0 Agr-
5026)SUMMARY: The Consultant Services Agreement includes a scope of services
for project management related to the Hart Park Pool renovation, Santiago Creek
Bike Trail, Steve Ambriz Memorial Park, and other related projects at a compensation
for these services not to exceed $60,
000.ACTION: Approved the Consultant Services Agreement with Integrated Design
Services Inc.; and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL
IMPACT:
100-7001-426700 Sufficient funds are available in
the following account:Other Professional and Consulting Services) $
60,000.00 REMOVED
AND HEARD SEPARATELY)3.8 First Amendment to an existing Consultant Services
Agreement with Hogle-Ireland,Inc., a private planning consulting firm, to provide
current and advance planning assignments and prepare Planning studies or reports
for the Planning Division.
A2100.0 Agr-4954.1)SUMMARY: The goal of the Planning Division
is to provide quality professional planning services. The division is currently
experiencing an increase in planning applications filed as well as a staff shortage. This
contract will augment existing staff with the use of professional planning consultants
for the next four months.Discussion - Couocilmember Smith expressed concern with
continuing to augment the contract employee budget and spoke on the need to hire more
staff in the Planning Division; and noted she will support this request only for the
sake of continuity, but would like to see a report on staffing levels
in
the
Planning
Division.MOTION
SECOND AYES
Cavecche Dumitru Smith, Murphy, Cavecche, Dumitru,
Bilodeau ACTION: Approved and authorized the Mayor and City Clerk to execute
an amendment to an existing professional service contract with Hogle-Ireland, Inc.,
not to exceed an additional $90,000, for a total contract amount of$
230,000.MINUTE ORDER: Staff was directed to return within 30 days with a
report on staffing in the Planning Division and the use of contract employees; how
many and how long there have been vacancies in the Planning Division; total amount
of contract money spent; and a comparison of money spent on contract positions versus
full
time positions.
CITY COUNCIL MINUTES January 23, 2007
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $90,000 are available in the following
account of the Current Planning Division's budget: 100-6021-426700 -
Other Professional and Consulting Services. These funds are from salary savings based
on current vacancies. For the Current Planning work the cost for the contract planners
will be reimbursed by the
applicants.3.9 Renewal of Amended Contract with Pacificare Life and Health
Insurance Company to provide vision insurance benefits for City employees and
retirees,effective January 1, 2007 through December 31, 2007. (A2100.0 Agr-2939.
E.l;2939.
E.2)SUMMARY: The City currently contracts with PacifiCare Life and
Health Insurance Company to provide vision insurance benefits to City employees
and retirees.PacifiCare Vision Insurance has presented a 12-month renewal (
January I, 2007 through December 31,2007). There will be no rate increase for
this plan year.ACTION: Approved 12-month contracts with PacifiCare
Life and Health Insurance Company for employee and retiree vision insurance
coverage, and authorized the Mayor and City Clerk to execute on
behalf of the
City.FISCAL IMPACT: None 3.10 Contract with Reliance Standard Life Insurance
Company for employee life insurance and long term disability insurances, effective
January 1, 2007 through December 31, 2007. (A2100.0
Agr-4173.B; 4174.B)SUMMARY: These agreements with
Reliance Standard Life Insurance Company provide group life insurance and long-
term disability insurance benefits for City employees. The City is required to provide
these employee benefits per labor contracts with employee bargaining uoits. These contracts will
be in effect for 12 months beginning January
1,2007 through December 31,2007.ACTION: Approved 12-
month contracts with Reliance Standard Life Insurance Company for employee
life and long-term disability insurance coverage. Authorized the Mayor and City
Clerk to execute
on behalf
CITY COUNCIL MINUTES January 23, 2007
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 067-28; SP-3587: Fire Stations Nos. 2, 3, 4, 5 and 7
Interior Painting;Approval of Specifications and authorization to advertise for bids. (
P2500.004)SUMMARY: Specifications have been completed for the Fire Stations 2, 3, 4, 5
and 7 Interior Painting Project. The Project is ready to be advertised. Painting
cost is estimated at $
87,000.ACTION: Approved specifications and authorized advertising for bids for
the Fire Stations Interior
Paint Project.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program
and are available in the
following account:725-5028-481200-9833 (Fire Stations Interior
Paint) $42,000 (FY 06-07)Once the bids are opened and actual bids
are known, staff will make recommendations on the award based on available
funding
including any requests for funding
appropriations.3.12 CLAIMS (C3200.0)SUMMARY: The following claim(s) have been
received and investigated by the City Attorney's Office and/or the Risk Manager.
After a thorough investigation with the involved departments, it is the recommendation of the
City Attorney's Office
that the claim(
s) be denied.
a. Edward Vela
b. Aurelia Kvetny c. David Sestini ACTION: Deny Claim(s) for damages and
refer
to City Attorney and Adjuster.CONTRACTS 3.13 Final Acceptance of Bid No.
0067-10; SP-3565; Public Work Improvement known as
Annual Street Maintenance Asphalt Concrete Overlay ; Reconstruction at Various
Locations. (No Staff Report ReQuired) (A2100.0 Agr-4962)SUMMARY: Bid
No. 067-10, for the Annual Street Maintenance Asphalt Concrete Overlay; Reconstruction
at Various Locations has been completed by
R.J. Noble Company. Staff recommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Travelers Casualty and Surety Company of
America of Connecticut, Bond
No. 104772918 in
the amount
CITY COUNCIL MINUTES January 23,2007
3. CONSENT CALENDAR (Continued)
3.14 Final Acceptance of Bid No. 056-41; SP-3361; Public Work Improvement
known as Tustin Street and Chapman Avenue Critical Intersection Improvements,
Phase I.No Staff Report Reouired) (A2100.
0 Agr-4915)SUMMARY: Bid No. 056-41, for the Tustin Street
and Chapman Avenue Critical Intersection Improvements, Phase I has been completed
by Alliance Streetworks, Inc.Staff recommends
acceptance of this project.ACTION: Accepted improvements and authorized release
of Insurance Company of the West of California, Bond No. 2175484 in the amouot of$
I,245,334.
50.FISCAL
IMPACT: None.PARCEL MAP 3.15 Parcel Map No. 2005-312 - Request for approval. (C2500.
M.16.2 PMP-2005-312)SUMMARY: Parcel Map No. 2005-312 creates
5 industrial lots with
access to Batavia Street and Trenton Avenue.ACTION: Approved the Final Parcel
Map No. 2005-312 and accepted dedication of Trenton A venue for street and
utility purposes, and also accepted dedication for the right of access to the
private driveway as
shown
on the Parcel Map.
FISCAL IMPACT: None.REPORTS REMOVED AND HEARD SEPARATELY)3.16 Information Report as required by
Condition No. 33, Resolution No. 9719 - St.Paul's Lutheran School'
s Traffic Management Program and Good Neighbor Policy (Conditional Use Permit No. 2410-
02 - Allowing an expansion of the school campus located at
901 East Heim Avenue). (A4000.0 APP-489-02)SUMMARY: On April
8, 2003, the City Couocil adopted Resolution No. 9719,denying
Appeal No. 0489-02 and approving Revised Mitigated Negative Declaration No. 1692-02 and Conditional
Use Permit No. 2410-02 to allow the expansion of the St.Paul's
Lutheran School campus located at 901 East Heim Avenue. Condition No. 33
of the Resolution required that the Traffic Management Program, including the Good Neighbor
Policy, which were incorporated into the project approval, be brought back
to the
CITY COUNCIL MINUTES January 23, 2007
3. CONSENT CALENDAR (Continued)
Discussion Councilmember Smith congratulated St. Paul's School on this program,
noting this is a great example of a problem that was solved by St. Paul's School and an
excellent example of a good neighbor policy.
MOTION - Smith SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau ACTION: Received and
Filed.FISCAL IMPACT: Monitoring
compliance with conditions of approval for an approved project is
offset by the billable deposit costs that are borne by project applicants as part
of the development and permit fees associated with the costs of the project implementation and
provision of services by the City.RESOLUTIONS 3.17
RESOLUTION
NO. 10152 (C2500.K)A Resolution of
the City Council of the City of Orange expressing appreciation to Dispatcher Debra L.
Croasdaile of the Orange Police Department for her more than twenty six years
of loyal and dedicated service to the City of Orange.ACTION: Approved.3.
18 RESOLUTION
NO. 10159 (S4000.So4)A Resolution of
the City Council of the City of Orange temporarily closing Palm Avenue between Lemon
Street and Cypress Street, and Cypress Street from Palm Avenue to Maple
Avenue, from 7:00 A.M. to 12:00 P.M. Saturday, February 10,2007;for a special
event at Chapman University.ACTION: Approved Resolution
No. 10159; and approved the temporary closure of the municipal parking
lot at Chapman Avenue and Lemon Street (Lot C).TRAFFIC 3.19
Request
for the trial speed humps on Adams Avenue between Cambridge Street and Lincoln Street
to remain in place on a permanent basis. (S4000.S.6)SUMMARY: The City
Traffic Commission approved the three-month trial of speed humps onAdamsAvenuebetweenCambridgeStreetandLincolnStreet, and recommends to
the City Couocil that the installation remain on a permanent basis.Page 7
CITY COUNCIL MINUTES January 23, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved the permanent installation of speed humps on Adams Avenue
between Cambridge Street and Lincoln Street.
FISCAL IMPACT: None
MOTION - Dumitru SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Items 3.8
and 3.16 were removed and heard separately. All other items on the Consent Calendar were approved
as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR CA VECCHE 4.1 AB
1234 required report - League of California Cities Conference, Sacramento.ORI800.0.12)Per
AB 1234 requirements,
Mayor Cavecche submitted a report on her recent attendance at the League of California Cities
Conference on group home legislation.4.2 Consideration of
appointment of Councilmember Bilodeau's representative to the City Planning Commission. (C2500.
G.2.5.1)MOTION - Bilodeau SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to appoint Michael Merino to the
City of Orange Planning Commission, term to expire June 30, 2008.4.3 Consideration ofappointmenttothe
City Traffic Commission. (ORI800.0.19)MOTION - Cavecche SECOND - Bilodeau AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to appoint
Wayne King to the City Traffic Commission,
term to expire June 30, 2008.Page 8
CITY COUNCIL MINUTES January 23, 2007
4. REPORTS FROM MAYOR CA VECCHE (Continued)
4.4 Consideration of appointments to City Council Committees. (C2500.D)
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to approve
City Council appointments as follows:Cities-Schools Coordinating
Committee Orange County
Sanitation District Foothill-Eastern
Transportation Corridor JPA Growth
Management Area Committee Joint
Powers Fire Training Authority Orange
Housing Development Corporation Ex-
Officio Members
Orange-Santa Ana Joint
Powers Transportation Improvement
Authority Trauma Intervention Prevention (
TIP)Advisory
Board City Audit Committee Ex-
Officio Members Santa Ana River Flood
Protection Agency Cavecche
and Smith Dumitru
Cavecche (alt)Murphy
Cavecche (alt)Bilodeau
Dumitru (
alt)Cavecche Murphy
and Smith Dumitru
Smith (
alt)Dumitru Cavecche
and
Bilodeau Open)NOTE: The addition of ex-officio members to the City Audit Committee will
be formalized in a Resolution which will be brought back
to the Couocil.NOTE: Mayor Cavecche currently serves on the Santa Ana River
Flood Protection Agency,and offered to continue; but offered the
appointment to
Councilmembers.Off-Agenda Item Mayor Cavecche cited a huge increase in graffiti in the community
and requested a written report
on the graffiti program.
5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM
BOARDS, COMMITTEES,
CITY COUNCIL MINUTES January 23, 2007
7. ADMINISTRATIVE REPORTS
7.1 Report from Community Services Director - EI Camino Real Park Master Plan and
Negative Declaration No. 1770-06. (C2500.M.4.12)
SUMMARY: On December 14, 2006, the Park Planning and Development Commission
reviewed the information contained in Negative Declaration No. 1770-06 (ND)
and recommended that the City Council adopt the Negative Declaration and that the City
Council approve the master plan for the EI Camino Real Park. The project is ready to move
forward into final approval of the master plan and environmental
documents.Discussion - In response to Council questions, staff noted that lighting concerns are addressed
in the overall Master Plan, but is a matter of funding at this time. Mayor Cavecche noted the
project is on hold until funding is identified; and thanked the Community Services staff and
Park Planning and Development Commission for their efforts on this project.
RESOLUTION NO. 10161
A Resolution of the City Council of the City of Orange making certain findings under the
California Environmental Quality Act and Approving the Master Plan for EI Camino Real Park.
MOTION - Murphy SECOND -
Dumitru A YES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt
Resolution No. 10161, Negative Declaration No. 1770-06 and the Master Plan for the
El Camino Real Park.7.2
Report from Public Works Director - Award of Contract for Bid No. 067-25;Police Headquarters
Heating, Ventilation, Air Conditioning (HVAC) System and Electrical Upgrades. (
A2100.0 Agr-5027)SUMMARY:
The bids were opened on December 21, 2006. Three bidders responded to the invitation
for bids. The apparent low bidder is CTAC, Inc., for $1,320,999. A contingency of 113,
001 is recommended. The total estimated project cost is $1,434,000. The Engineer's Estimate
is $1,300,000.MOTION -
Smith SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to: I) Award
a contract in the amount of $1,320,999 to CTAC, Inc., 209 W. 134'h Street, Los Angeles, CA
90061, and authorize the Mayor and the City Clerk to execute on behalf of the City;
2) Authorize a transfer of$130,000 from the unreserved fund balance of the General Fund to the
Major Building Improvements Fund; and 3) Authorize an appropriation of 205,000 from the
unreserved fund balance of the Major Building Improvements Fund to 725-5028-481200-9823 for
the Police Headquarters HV AC project.Page 10
CITY COUNCIL MINUTES January 23, 2007
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from Public Works Director - A Cooperation and Reimbursement Agreement
between the City of Orange and the Orange Redevelopment Agency relating to
certain street improvements located at southeast and southwest corners of the Taft Avenue
and Glassell Street intersection and the northeast corner of Taft A venue and Tustin
Street; and a Contract Change Order No.1 with Mike Prlich and Sons, Inc. for Taft
Avenue and Glassell Street Storm Drain Improvements (Bid No. 067-09; D-
146).A2100.0 Agr-
5028; 4964)See related Redevelopment Agency Minutes Item No.
7.1)SUMMARY: The Cooperation and Reimbursement Agreement provides
for Agency reimbursement to the City of Orange of the Agency's share of costs incurred for
certain street improvements located at the southeast and southwest corners of Glassell Street
and Taft Avenue and the northeast corner of Taft Avenue and Tustin Street in an amount not
to exceed
140,000.The Contract Change Order No. I will authorize payment to Contractor, Mike Prlich
and Sons,Inc. for the construction of ADA-compliant access ramps at the southeast
and southwest corner of the Taft Avenue and Glassell Street intersection in the amount of$
86,368.00.
RESOLUTION NO. 10155 A Resolution of the City Council of the City of Orange approving
a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency
for certain street improvements within the Orange Merged and Amended
Redevelopment Project Area.
MOTION - Murphy SECOND -
Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to I) Adopt Resolution No. 10155; and 2) Approve Contract Change Order No. I to
authorize payment to Contractor, Mike Prlich and Sons, Inc. for Taft Avenue and Glassell
Street Storm Drain Improvements (Bid No. 067-09;
D-146).FISCAL IMPACT: Sufficient funds are available in the Northwest andSouthwestMerged2003TaxExemptBondsfundfortheseprojects. The Orange Redevelopment
Agency will appropriate $140,000 to accouot 943-9800-483300-5324 (Taft & Glassell Storm Drain Project)in the amount of $110,000 (for construction and
administration) and to account 943-9800-483300-1334 (ADA Ramps Taft & Tustin) in the
amount
of $30,
CITY COUNCIL MINUTES January 23, 2007
7. ADMINISTRATIVE REPORTS (Continued)
7.4 Report from Public Works Director - A Cooperation and Reimbursement Agreement
between the City of Orange and the Orange Redevelopment Agency relating to
street concrete improvements within the Lewis Street right-of-way from
Metropolitan Drive to Chapman Avenue; and award of Contract - Bid No. 067-24; SP-
3578; Annual Service Contract for Concrete Replacement at Various Locations, Fiscal
Year 2006-2007.A2100.
0 Agr-5029; 5030)See related Redevelopment Agency Minutes
Item No. 7.2)SUMMARY: This project is part of the annual street maintenance
activities for curb and gutter, sidewalk, driveway, and cross gutter replacement
at various locations Citywide including Tustin Street from Fairhaven Avenue to Heim Avenue,
and Lewis Street from Metropolitan
Drive to Chapman Avenue.The Cooperation and Reimbursement Agreement provides for
Agency reimbursement to the City of Orange of the Agency's share of costs incurred for
street concrete improvements within the Lewis Street right-of-way from Metropolitan Drive to
Chapman Avenue in an amount not to exceed $60,000. This project is part of the
FY 2006-2007 street maintenance activities for curb and gutter, cross gutter,
driveway approach, and
sidewalk replacement at
various locations City wide.RESOLUTION NO. 10160 A Resolution of the City Couocil of the
City of Orange approving a Cooperation and Reimbursement Agreement with
the Orange Redevelopment Agency for certain sidewalk repairs within the
Orange Merged and
Amended Redevelopment Project
Area.MOTION - Bilodeau SECOND - Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to I) Adopt Resolution No. 10160; and 2) Award a contract
in the amouot of 227,850.00 to Kalban, Inc., 9075 Glenoaks Blvd., Sun Valley, CA
91352, and authorize the Mayor and the City Clerk to execute on
behalf of the City.FISCAL IMPACT: After the appropriation from Redevelopment Agency
Fund 943, funds are budgeted in the Capital Improvement Program and are available
in the following accounts:262-5021-427100-0000
Measure M - Contractual Services $197,000 271-
5021-483300-4703 Gas Tax
Construction - Arterial Curb,Gutter & Sidewalk Repair
85,000 943-9800-483300-
4703 Redevelopment
CITY COUNCIL MINUTES January 23, 2007
8. REPORTS FROM CITY MANAGER
8.1 Update on proposed 714 Area Code split. (S3500.A.l)
Staff reviewed the alternatives proposed by the California State Public Utilities Commission.
Council discussed the need for the City and it's sphere of influence to remain in one area code;
and directed staff to advertise the address for the State PUC to allow for public testimony.
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to recommend
Alternative No.4 to the California State Public Utilities Commission.8.2 Update
on Code Enforcement staffing review. (C2500.G.3)Senior Assistant to
the City Manager, Rick Otto reported that although the department has four funded full time
positions, one employee has been on leave for eight months; and that a part time contract employee
has been assisting with the workload.Public Comment: Dan
Slater, spoke on the need for additional Code Enforcemellt staff.City Manager, John
Sibley reported that although the fourth employee would be returning to work, the contract
employee will be retained for a high level of code enforcement through this fiscal year.Mayor
Cavecche stated
she hopes to have at least one additional contract officer before the end of the
current fiscal year; and confirmed staff to bring back a full report on Code Enforcement staffing at
the February 13th meeting.8.3 Report
on Mid-Year Police Staffing Levels. (C2500.K)City Manager
reported on all 161 sworn positions filled, including academy positions; and stated that
additional positions will be requested in the 2008 budget. He added that the department has
1.17 officers per thousand citizens - the State standardis at 1.3.Mayor Caveccheasked
for the staffing benchmarks of the City of Orange versus other Orange County cities, as
well as staff levels versus call volume and response times; and how many officers the City
has versus how many are really needed to provide adequate service.Staffto bring back
a full report on Police staffing levels at the February 13th meeting.Page 13
CITY COUNCIL MINUTES January 23, 2007
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 16-06 (SECOND READING) (Continued from November 14,
2006)A2500.0 Ord-
16-06 Graffiti)An Ordinance of the City Council of the City of OrangeAmending Chapter 8.37
of the Orange Municipal Code relating to removal of Graffiti from private structures
on public property.
MOTION - Cavecche SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to February 13,2007.
9.2 ORDINANCE NO. 1-07 (SECOND READING) (A2500.0 Ord-
l0-07 Graffiti)An Ordinance of the City Council of the City of Orange Amending Chapter 8.37
of the Orange Municipal Code to Prohibit the Possession of Graffiti
Implements
by Minors.Speaker Mr. Tom Coxe, spoke on flaws in
the proposed ordinance.
MOTION - Smith SECOND -
Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 1-07 be read by title only and same was adopted by the
preceding
vote.9.3 ORDINANCE NO. 2-07 (SECOND READING) (C2300.
E GPA-2006-0003)An Ordinance of the City Council of the City of Orange
approving the Pre Zoning Reclassification of approximately 332 square feet of property
generally located at the intersection of Manchester
Place and Compton Avenue.Pre Zone Change No. 1241-06 -
Applicant: City of
Orange MOTION - Cavecche
SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved that Ordinance No. 2-07 be read by title only and same was adopted by
the
preceding vote.
CITY COUNCIL MINUTES January 23, 2007
9. LEGAL AFFAIRS (Continued)
904 ORDINANCE NO. 3-07 (FIRST READING) (A2500.0 Ord-
03-07 Traffic)An Ordinance of the City Council of the City of OrangeAmending Section 10.
59.030 of Chapter 10.59 of the Orange Municipal Code Pertaining to No
Pedestrian Crossing Zones.
MOTION - Dumitru SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 3-07 be read by title only and same was set for second reading
by the preceding
vote.10. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 6:50 p.m. to a Closed Session for the following
purposes:a. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: Two potential cases
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.
9(a): Frank Gutierrez v. City of Orange, United States District Court Case
No. SACV06-760 CJC (RNBx)
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 15
CITY COUNCIL MINUTES January 23, 2007
7:00 P.M. SESSION
12. PUBLIC COMMENTS -Karen
Finn, spoke on West Orange issues.The
following people spoke on street resurfacing issues in the area of Chipwood, Nutwood,Sherwood
and Lynwood: (Mayor Cavecche requested a staff member immediately meet outside
the Council Chambers with residents in attendance on this issue).John
Armington Greg
Cashner Tim
Cox,Tim
Cox Jr.Devon
Cox Charles
Sledge Miriam
Yardumian 13.
PUBLIC HEARINGS 13.
1 APPEAL NO. 0514-06; CONDITIONAL USE PERMIT NO. 2595-06 - ROYAL
STREET COMMUNICATIONS. (A4000.0 APP-
0514-06)Time set for public hearing to consider an appeal of the Planning Commission's
denial of Conditional Use Permit No. 2595-06, which was a request to co-locate
three new antennas onto an existing non-stealth wireless communication
facility support structure (monopole) including the installation of
new above ground support equipment.THE
MAYOR OPENED THE PUBLIC HEARING.Mr. John Flynn, representing the Applicant, stated that
Royal Street Commuoications does not own the pole, but are attempting to make the co-located
antenna as stealth as possible by eliminating the T-bar; using a slim-line design,
ruoning a coaxial cable through the interior of the pole and increasing the landscaping
of the equipment enclosure. He added that although the pole itself is not stealth, the design of the
antenna
qualifies it as stealth because of
these features.
THE MAYOR CLOSED THE PUBLIC HEARING.Council Comments Councilmember Smith stated the tower would not
meet the City's current standards and she was not in favor of extending the life of a
non-conforming pole, and that a true stealth project would be more acceptable at this site.
She commented on the transfer of the
Conditional Use
CITY COUNCIL MINUTES January 23,2007
13. PUBLIC HEARINGS (Continued)
Mr. DeBerry clarified that a legal, non-conforming use runs with the land and that
non-conforming uses do not end even if the property were to change
ownership.Mayor Cavecche stated her support of co-location of antennas and her willingness
to uphold
the appeal.Mayor pro tern Dumitru stated that although he would prefer to see the pole hidden,
he would rather see a co-location
than another pole.Councilmember Bilodeau suggested the cell phone tower ordinance be
revisited to include more direction
on co-location issues.Counciimember Murphy stated that the pole will remain regardless of
this appeal's outcome,adding that technology would minimize the need for these poles in
the future. He further stated that he would uphold the appeal to encourage the
co-location
of the antenna.
Council Action MOTION -
Murphy SECOND - Cavecche AYES - Murphy, Cavecche,
Dumitru, Bilodeau NOES -
Smith Moved to uphold the Appeal and approve Conditional Use Permit No.
2595-06.Staff was directed to return to Council with a review of the cell phone
tower Ordinance.13.2 ZONE CHANGE NO. 1232-05, TENTATIVE TRACT MAP
NO. 16878, MINOR SITE PLAN REVIEW NO. 377-05, DESIGN
REVIEW COMMITTEE NO. 4109-06,ADMINISTRATIVE
ADJUSTMNENT NO. 116-06, MITIGATED NEGATIVE DECLARATION NO. 1767-06 -
SHAHRAM A YENEHCHI I PACIFIC GROVE
TAPE A 7070 (ZI500.0 ZCG-1232-05)Time set for public hearing to consider a
proposal to zone vacant, un-zoned property (a former Union Pacificrailroadright-of-way) with an R-I-7 (Single Family Residential) zoning classification, to
subdivide the subject property into six residential lots and two lettered lots, to create six lots without direct
access to a public street, to create lots possessing widths less than the required
minimum of sixty feet, and to construct six, detached, single story (with mezzanine)residences upon the six
lots - upon property located west of Esplanade Street
and east of Woodland Street, between La Veta Avenue and Fairhaven Avenue.NOTE: Councilmember Bilodeau noted he had voted on this issue
as a
CITY COUNCIL MINUTES January 23, 2007
13. PUBLIC HEARINGS (Continued)
Discussion - Community Development Director, Alice Angus provided a staff report detailing the
plan for the six homes which includes an area to be dedicated to the City as a future dirt and
gravel path and a bike trail, as well as the existence of two uoderground petroleum products
pipelines.Couocilmember
Dumitru asked about the on-street parking being later converted to the bike
trail; and whether the mezzanine qualified as a second story.
Ms. Angus indicated that in other parts of the City there have been conversions of on-
street parking to a bike lane. She stated that the Zoning Code does not define the term
mezzanine.She explained that the Building Code defines a mezzanine as a floor within a story, which
is what is planned for these homes, adding that the walls around the mezzanine are not
full-height and its floor has a limited ratio of percentage of area in comparison to the floor below
it. She also clarified that the planned rear set backs are in conformance with
the code.Councilmember Smith stated that the Planning Commission added a condition that
the garages not be used for storage other than cars. She also stated that 14 Eucalyptus trees were
to be removed and replaced with seven, adding that the Planning Commission
requested an additional six trees be added. She asked if any treatment to the street's entrance
had been included in
the plan.Ms. Angus responded that the intention of a garage is for parking cars, and that
this condition was written to be included in the association CC&Rs. This provision will be
self-policed -complaints will be made if it becomes a problem. She stated that there will not exist a
lot of parking and the garages will have to be used for parking cars. She added that
the additional trees are to be placed on each of the six lots; and that address monumentation
for safety reasons would be included at the entrance to
the street.Ms. Angus responded to questions from Mayor Cavecche, stating that the mature trees
on the future trail lot will be trimmed to allow for emergency access and accommodation of
the trail;and that the developer will be responsible for maintenance of the retaining wall
and then eventually the Homeowners Association will
assume responsibility.Mayor Cavecche spoke on the drainage behind the new homes, clarifying that the rear
of the properties will drain toward the next lot within the subdivision, be caught into a
system, and moved to the side of the homes into
a swale.Councilmember Dumitru asked whether a project with just five homes had
been considered.Councilmember Smith asked about the underground fuel lines-what kinds
of fuel and whether any other developments in the City are built on pipelines. She further
asked if the pipeline runs over
the railroad spur.
CITY COUNCIL MINUTES January 23, 2007
13. PUBLIC HEARINGS (Continued)
Ms. Angus responded that the homes would not be located above the fuel lines and that one of
the two lines is inactive. She added that they both are located in a 30-foot easement and
that no permitted structures are allowed in the easement. She further stated that elsewhere in
the City existing pipelines run along the public
streets.THE MAYOR OPENED THE PUBLIC
HEARING.Rezaali Hadaegh, 456 E. Orange Grove, Pasadena, Project Architect, presented the
project,explaining they were sensitive to the neighboring Eichler architecture, but did not duplicate
it.He also reported on economic reasons for the proposed six, rather than five lots; details on
the drainage plan; access for safety vehicles at the multi-purpose trail site; the record
of the pipeline owners, Kinder-Morgan;
and parking issues.In response to Council questions, Mr. Hadaegh stated that the multi-purpose
trail is off the street; and no cars are to be parked on the trail, but rather on the 30- foot
wide street. He added that the driveways were approximately 21 feet wide and almost
24 feet deep-the standard parking space is 20 feet deep. He stated that the decision for a two-
car garage was as a result of the size of the lot and homes, as
well as the side yard measurements.The following oeoole sooke
in favor of the orooosed develooment:Their comments included: Glad to find a use for the
vacant property, which has become a dumping area; portion of the area will be dedicated to
trails; vacant
property has
become a
weed patch;Diana Nichols John Welty The following oeoole sooke
in oooosition to the orooosed develooment:Their comments included: Want to keep it open for trail
purposes; this property is an historic railroad right of way; City is already deficient in parks and trails; there
is a need to keep this area preserved for open space; the proposed homes are really
two story; minimal rear yard set backs; fuel line safety issues; limited
parking issues;
limited access
to property;
Steven LeFever
Brian Jacobs
Florence Paul
John Butler
Mark Miller
Robert Wellington
Dottie Ronan
Steve Flanagan
CITY COUNCIL MINUTES January 23, 2007
13. PUBLIC HEARINGS (Continued)
Mr. Hadaegh addressing the speakers comments, noted that it would be more dangerous to
leave the land vacant with the pipeline underneath because anyone could dig in that area; the
walkway is not a lO-foot road, but an emergency access path if needed; the project is only
six homes; the Planning Commission comment that the project is responsible; the age of
the pipeline being 22 years; pipeline will be continuously inspected during construction~
the project being considerably away from the pipeline; project will forward the establishment
of the
trail.Daniel Friedlander, 2815 Townsgate Rd., Westlake Village, Applicant's Attorney, spoke
on the Mitigated Negative Declaration addressing the issues of construction and
landscaping relative to the pipeline, adding there was nothing in the record that indicated a safety issue.
He further addressed the issue of garage storage being addressed in the CC&R'
s.Mr. Hadaegh responded to questions from Council stating that the garages sit back from
the home fronts which allows space to park cars; the Negative Declaration requires steel
plates placed for construction equipment to cross over the pipeline; and all of the street
lighting would be pointing
downward.THE MAYOR CLOSED THE PUBLIC
HEARING.Community Development Director, Alice Angus responded to specific issues raised by
the speakers on conditions for safety; compatibility of mezzanine architecture with existing
homes;traffic study not required; entryway treatments, address identification and signage; parking
and the future
trail.In response to questions by Councilmember Dumitru, Senior Planner, Jennifer Le stated
that staff and the Design Review Committee determined that the project is compatible with
the Neighborhood Infill Design Guidelines; there is no planned replacement of the pipeline;
and staff is not aware of any local incidences related to the
pipeline.Council
Comments Councilmember Smith stated that if the project were approved, she requested a condition
to enhance the landscape and architectural treatment at the entrance to the project to
staffs satisfaction. She added that she was impressed with the project which brings a
multi-purpose trail and a bike trail in the future; but noted she could not support the project due
to her concern with parking issues and the existence of
the pipeline.Councilmember Dumitru stated his concern with the minimal front and back
setbacks, and suggested that five homes would have addressed this. He also stated that
technology affords the ability to build arouod or near the pipeline in order to protect it. He added that
he would support
the project.
CITY COUNCIL MINUTES January 23, 2007
13. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated that the project is architecturally one of the nicest she has reviewed and
that the project balances the benefit of a trail system with the addition of the houses; however
with the need for an Administrative Adjustment addressing the shape of the project which causes
a narrow opening; the parking problem and the setbacks, she could not support the project.
Councilmember Murphy commented that some type of development at this location will assist
in getting the dedication of the trails and the park space; but expressed concern with the
parking issues, and the crowding of the project, suggesting a reworking of the project to allow
for more space around the homes.
The applicant agreed to a continuance in order to rework the project.
Council Action:
MOTION - Murphy SECOND -
Cavecche A YES -
Smith, Murphy, Cavecche, Dumitru ABSENT (RECUSED) - Bilodeau
Moved to continue to
April 10, 2007, at 7:00 p.m. to allow the applicant an opportunity to rework the project.14.
PLANNING AND ENVIRONMENT -
None.15. ADJOURNMENT -The City Council
recessed back to
Closed Session at 10:50 p.m. The City Council adjourned at 11:15 p.m. The
next Regular Couocil Meeting is scheduled for February 13,2007.Declaration of City Clerk, Mary E.
Murphy, declaring posting of City Council agenda of a regular meeting of January 23, 2007 at
Orange Civic Center kiosk, Police facility at 1107 North Batavia,Shaffer Park; all of said locations
being in the City of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular meeting.itt~~~ .MA URPHY CITY CLERK HE
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