HomeMy WebLinkAbout4_10_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 24, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 10, 2007
The City Council of the City of Orange, California convened on April 10, 2007, at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Danny Kurimay, Zion Christian Center
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
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation honoring
West Nile Virus and Mosquito and Vector Control Awareness Week of
April 23-29.Proclamation
honoring April as Donate Life Month.Proclamation
honoring National Public Safety Telecommunicators Week of April 8-14.
Proclamation honoring Arbor Day in Orange on April 28.
2. PUBLIC COMMENTS -Stu
Livingstone, on behalf of the Community Foundation, spoke on the Foundation Games
on April 28th.Nancy
Collins, on behalf of Leadership Orange program, spoke on a class project to renovate
Pitcher Park; and a rededication on May 12th.Page
I
CITY COUNCIL MINUTES April 10,2007
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 March 15,22 and 29, 2007.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 27 and
Adjourned Regular Meeting of April 3, 2007. (C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with the Regents of the University of California, School of Public Health
UC Berkeley for the Click It Or Ticket Program for Local Law Enforcement
Agencies. (A2100.0 Agr-
5052)SUMMARY: The Regents of the University of California, School of Public Health
UC Berkeley, with primary funding from the California Office of Traffic Safety
has authorized a reimbursable grant award in an amount not-to-exceed $
17,310 for overtime time costs for the Click It Or Ticket project. The goal of the
project is to increase seat belt use statewide to 93.7% by July 31, 2007.
Through the combined efforts of state and local law enforcement, a seat belt enforcement
campaign will be conducted during a three-week mobilization period (May 14 through
June 3) in support of the National Click It Or Ticket mobilization. Funds provided by
this grant will be used to cover overtime costs associated with seat belt
enforcement activities during
the three-week grant period.ACTION: I) Approved agreement with the Regents
of the University of California,School of Public Health UC Berkeley for the Click It Or
Ticket Program for Local Law Enforcement Agencies and authorized the City Manager
to execute the agreement on behalf of the City; and 2) Appropriated $17,3 10 from the
General Fund, into the Traffic Program
for the grant
as follows:100-
4041-41210
1-
2248 Overtime-Safety 100-4041-412102-2248 Overtime-Non Safety 16,350 960
FISCAL IMPACT: The City of Orange was approved for a reimbursable grant award in the
amount of $17,310 through the California Click It Or
Ticket Program
CITY COUNCIL MINUTES April 10, 2007
3. CONSENT CALENDAR (Continued)
BIDS
3.5 Bid No. 067-42, Old Towne Lighting Improvements on Cypress Street,
Lemon Street, and Olive Street from Sycamore Avenue to Walnut Avenue. Approval
of plans, specifications, and request for authorization to advertise for
bids.S4000.S.3.
1O)SUMMARY: Plans and specifications have been completed for Old Towne
Lighting Improvements on Cypress Street, Lemon Street, and Olive Street from
Sycamore Avenue to Walnut Avenue. The project is ready to be advertised for bids.
The estimated total construction costs including contingencies (10%), and
construction engineering (5%) is $293,
000.ACTION: I) Approved plans and specifications and authorized advertising for
bids for Old Towne Lighting Improvements on Cypress Street, Lemon Street, and
Olive Street from Sycamore Avenue to Walnut Avenue; and 2) Authorized the purchase
of twenty-four acorn concrete lights from Pacific Lighting Sales, Inc., and
light fixtures from Sequoia Lighting Corporation. The total purchase not to exceed sum of$
76,000.FISCAL IMPACT: Funds are available in the Capital Improvement Program
in the
following accounts:550-5032-483300-3041 Developer
Contribution (Chapman University) $ 52,000 310-9645-483300-
3041 Community Development Block Grant (CDBG) 93,000 The total project construction cost estimate,
including lights, is $293,000.00. Once the bids are opened and actual bid prices
are known, staff will make a recommendation on the contract award based
on
available funds, including additional fund
transfers as needed.3.6 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 c1aim( s) be denied.a. Adele Graves - NOTE: Mayor
pro tern Dumitru abstained
on this claim.b.
Avocado Manor HOA c. Marvin Lee Miller d. Mercury
Insurance as subrogee of Brent & Kristi Smith ACTION: Denied Claim(s) for damages
and referred
CITY COUNCIL MINUTES April 10, 2007
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.7 Award of Contract - Bid No. 067-30; Community Development Block Grant
CDBG) Project - Beverly Drive and Crescent Drive Rehabilitation (SP-3574).
A2100.0 Agr-
5053)SUMMARY: Bids for the CDBG Beverly Drive and Crescent Drive
Rehabilitation Project were received, and opened on March 15,2007. Eight bidders responded to
the Notice Inviting Bids. The apparent low bidder is Elite Bobcat Service, Inc. of
Corona in the amount of$118,
036.ACTION: Awarded the contract in the amount of $118,036 to Elite Bobcat
Service,Inc. and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
are available in the following
accounts:310-9645-483300-4053
CDBG Beverly Dr. Rehabilitation 310-
9645-483300-
4054 CDBG
Crescent Dr. Rehabilitation 95,000 60,000 3.8 Award of Contract - Bid No. 067-
32; Project No. SP-3588; CDBG Project -Americans with Disabilities
Act (ADA) Wheelchair Access Ramps at Various
Locations, Fiscal Year 2006-07. (A2100.0 Agr-5054)SUMMARY: Bids
for ADA Wheelchair Access Ramps at Various Locations, Fiscal Year 2006-07 were
received and opened on March 15,2007. Nine bidders responded to the Notice Inviting
Bids. The apparent low bidder is Nobest, Inc. of Westminster,CA for $63,200.00. The low bid
is 11% below the Engineer's Estimate of$71,000.ACTION: Awarded the contract in
the amount of $63,200.00 to Nobest, Inc. and authorized the Mayor
and City Clerk to execute on behalf of the City.FISCAL
IMPACT: Funds are budgeted and
available in the Capital Improvement Program in
the following account:310-
9645-483300-
CITY COUNCIL MINUTES April 10, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.9 Award of Contract - Bid No. 067-33; Civic Center Emergency Generator
Replacement; SP-3586. (A2100.0
Agr-5055)SUMMARY: Bids for installation and seismic anchoring of a
new replacement emergency generator at Civic Center were received and opened on March
15, 2007.Three bidders responded to the Notice Inviting Bids. The apparent low
bidder is Kincaid Enterprises, Inc., DBA American Electric Company of 1015
W. Briardale Avenue, Orange, CA for $190,000. The low bid is in line with the Engineer'
s estimate of $225,000, which included a 10% contingency and 6% contract
administration and
construction costs.Discussion - In response to questions from Councilmember Bilodeau on
environmental concerns, it was indicated that staff did work with AQMD and received all
necessary
approvals.MOTION - Bilodeau
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Awarded
the contract in the amount of $190,000 to American Electric Company and
authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT:
Funds are budgeted in the Capital Improvement Program and are available in
the following account:120-5028-
481301-9828 Civic Center Emergency Generator $248,
746 REMOVED AND HEARD
SEPARATELY)3.10 Contract Change Order No.1; Bid No. 067-24; Project No.
SP-3578 Annual Service Contract for Concrete Replacement at Various Locations
for the Fiscal Year 2006-
2007. (A2100.0 Agr-5030)SUMMARY: This Contract Change Order authorizes payment
for extra work at agreed unit prices. The extra work consists of additional
concrete repair work on sidewalk,curb and gutter, driveway approach at various
locations, and Tustin Street from Chapman to North City limit. The total cost for this
change order is $275,500.Discussion - In response to questions from Mayor Cavecche on
the original bid amount,noting the large amount of the change order, staff indicated that
the original bid amount was an excellent price and the
change order
CITY COUNCIL MINUTES April 10, 2007
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
Cavecche Bilodeau
Smith, Murphy,
Cavecche, Dumitru, Bilodeau ACTION: Approved Contract
Change Order No. 1 in the amount of $275,500 to Kalban, Inc. for
the extra work.FISCAL IMPACT: Funds
are available in the following accounts:262-5021-427100-
0000 Measure M - Contractual Services 271-
5021-483300-4703 Gas Tax Construction - Arterial
Curb,Gutter and Sidewalk
Repair 79,
700 250,
000 REMOVED AND HEARD
SEPARATELY)3.11 Final Acceptance of Bid No. 045-37; Main Library Expansion Project (
No Staff Report Reauired). (A2100.
0 Agr-4670)SUMMARY: Bid No. 045-37, for the Main Library
Expansion Project has been completed by Woodcliff Corporation. Staff recommends
acceptance of this project.Discussion - Library Director Nora Jacob confirmed that the
library is complete.Mayor Cavecche noted the opening celebration for the new Main Library on
April 21 st;and congratulated Library Director Nora Jacob for her efforts
on this project.
MOTION - Cavecche SECOND -
Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Accepted improvements and authorized release of Fidelity and Deposit
Company of Maryland & Zurich American Insurance Company Bond No. 08716847 in
the amount of$12,834,000.
FISCAL IMPACT: None.
3.12 Final Acceptance of Bid No. 067-09; Public Work Improvement known as
Taft Avenue and Glassell Street Storm Drain Improvements (No Staff
Report Reauired). (A2100.0
Agr-4964)SUMMARY: Bid No. 067-09, for Taft Avenue and Glassell
Street Storm Drain Improvements has been completed by Mike Prlich & Sons,
Inc. Staff recommends acceptance
of this project.ACTION: Accepted improvements and authorized release of
Fidelity and Deposit Company of Maryland, Bond No. 7585393 in the amount of$
773,321.60.
FISCAL IMPACT:
CITY COUNCIL MINUTES April 10, 2007
3. CONSENT CALENDAR (Continued)
3.13 First Amendment to annual Emergency Response Services Contract Agreement
with Republic Electric, for traffic signal and street lighting maintenance services.
A2100.0 Agr-4739.
1)SUMMARY: The First Amendment to the contract agreement is needed for
Republic Electric to provide emergency response services for the City's traffic signal and
street lighting for one more
year.ACTION: Approved the First Amendment to Contract Agreement with
Republic Electric, and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMPACT: Funds are budgeted and are available for this contract as
follows:100-5032-427100 Contractual
Services $40,
000 SPECIAL EVENTS 3.14 Use of the Police Department Gang Unit's leased vehicle in the
Baker to Vegas Relay
Race. (C2500.K)SUMMARY: The Baker to Vegas Relay Race is a competitive
running event that covers 120 miles. What began as a competition between the
Los Angeles Police Department and the Los Angeles County Sheriffs Department has grown
into an event for law enforcement agencies nationwide. The Orange
Police Department has participated in this event for
over 14 years.ACTION: Approved the use of the Gang Unit's leased vehicle and gas
as a follow vehicle during the Baker to Vegas Relay Race, April 21 through
April 23, 2007.FISCAL IMP ACT: Funds are available to cover the cost of
gasoline as follows:100-4011-447500
Administration-Outside Motor
Vehicle Service $200
MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Mayor pro tem Dumitru abstained on Item 3.6(a). Items 3.9, 3.10, 3.
11 were removed and heard separately. All other items on the Consent Calendar
were
approved as recommended.END
OF CONSENT
CITY COUNCIL MINUTES April 10,2007
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of reappointment of Park Planning & Development Commissioners
Lisa Blanc, Tom Davidson and Gary Remland; terms to expire April 30, 2011.
OR1800.0.10)
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to reappoint
Lisa Blanc, Tom Davidson and Gary Remland to the Park Planning &Development Commission, terms
to expire April 30, 2011.5. REPORTS FROM
COUNCILMEMBERS - None.6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER 8.
1 Report on use of
Contract Staff in the Community Development Department continued from February 27, 2007) (C2500.
G.2.0)Discussion - Ed Knight, Assistant Planning Director,
provided a report.Councilmember Smith stated her concerns were that
1) she hopes that the City can identify factors that may contribute to the loss
of Planners; 2) she asked staff to look at factors that keep Orange competitive, looking at comments made
during exit interviews; 3) there is a need to keep salaries competitive; 4) she asked
for further information on the City's background check process; and 5) asked to be
notified when the Planning Division is at full staff.City Manger John Sibley stated that staffwil\
provide information back to Council on the items noted.MOTION - Smith SECOND - Cavecche AYES - Smith,
Murphy,
Cavecche, Dumitru, Bilodeau
Moved to receive
and file the report.PAGE R
CITY COUNCIL MINUTES April 10, 2007
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 6-07 (SECOND READING) (A2500.0 Construction/
Demolition)An Ordinance of the City Council of the City of Orange amending Chapter 8.28 of the
Orange Municipal Code relating to Recycling of Self-Hauled Construction and
Demolition Waste.Discussion - Mayor Cavecche noted that the procedure to obtain a list of contractors is not
part of the
ordinance.City Attorney David DeBerry confirmed that RFPs will be sent out to contractors, and
once proposals are received, Council wil\ approve the final
list.MOTION - Dumitru
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 6-07 be read by title only and same was approved and adopted by the
preceding vote.9.
2 ORDINANCE NO. 8-07 (SECOND READING) (A2500.0 Campaign Reform)
An Ordinance of the City Council of the City of Orange amending Chapter 2.10 of the Orange
Municipal Code relating to Campaign Reform.
MOTION - Smith SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance
No. 8-07 be read by title only and same was approved and adopted by the preceding
vote.9.3
ORDINANCE NO. 10-07 (FIRST READING) (A2500.0 Business Taxes/ Regulations)An
Ordinance of the City Council of the City of Orange Amending Chapter 5.76 of the Orange Municipal
Code Relating to Permit Requirements to Operate a tow truck business in the City of
Orange.Discussion -
Mayor pro tem Dumitru asked about the city's ability to determine citizenship for tow truck
drivers.City Attorney
David DeBerry stated that the City's ability to regulate drivers is limited to safety issues,
but would research this issue.MOTION - Dumitru
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to continue the first
reading of Ordinance No. 10-07 to April 24, 2007.PAGE 9
CITY COUNCIL MINUTES April 10, 2007
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:35 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.
9(a): NOTE: The Council did not discuss this item.City
of Orange v. Jeffrey Hambarian, Orange County Superior Court Case No. 807419 b.
Public Employee Performance Evaluation pursuant to Government Code Section 54957:Title:
City Manager c.
Conference with Labor Negotiators pursuant to Government Code Section 54957.5:Unrepresented
Employee: City Manager City
Designated Representatives: Steven Pham & David DeBerry d.
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
10
CITY COUNCIL MINUTES April 10, 2007
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS 13.
1 FY 2007-08
PROGRAM AND
C2500.G.1.3)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
HOME INVESTMENT PARTNERSHIPS ACT PROGRAM.
Time set for public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Committee for the City's FY 2007-08 CDBG Program
and HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds
are allocated annually to the City by the U. S. Department of Housing and Urban
Development
HUD).Discussion - Mary Ellen Laster, Senior Housing Manager, provided a report.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING
The following people spoke on the proposed funding recommendations:
Steve Carpenter
Arianna Barrios, YWCA
Cathy Seelig, Friendly Center
Sharon Algeo, Assistance League of Orange
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
The Council acknowledged and thanked the CDBG Committee for their efforts - Bob Tunstall,Mary
Ellen Manning, Eva Perez, Gina Cunningham, Fernando Rico and Darren Smith.Pal!
e 11
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
FY2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAMAmountPROJECTS/
PROGRAMS
RequestedNOCil\1IStItA.!J;IOl\
j 20% Bud et Ca is $273,
016.ejt AIil.~.a~tJ.ll-
l!ntS Economic
Develo ment
Program Administration Salaries & Benefits, Maintenance & 0 erations, and
Cantin enc Ci De artments'
Administration Subtotal l'$;!!rll1QUtA \\n~
i\\s Orange County Fair
Housing Council Non rofit A encies'
Administration Subtotal
ADMINISTRATION TOTAL
PROJECTS/PROGRAMS U13LICFACILITIES / 1l\1l.tRQVEMENTS7R$H'A'IfJ!1frWl!\
l!. l Bud et is $1,220,490 ($887,305 [FY 2007-08
CDBG] + $333,
185 0itI)\\artiUents Public Works (Pro'ects listed
in riori order)ADA Access
Ramps - Citywide Jewell Place and Maple Avenue
Sewer Replacement Park Central Avenue Reconstruction 1 from Park Vine to 195' w/o
City Drive Park Central Ave Reconstruction 2 from 195' w/o City Dr to
City Dr Park Hyde Street Overlay from Park Balboa Ave to El
Rancho Ave El Rancho Avenue Overlay from Lewis Street to Park
Hyde Street Fondren Street Overlay from El Rancho Ave to north end
of cul-de-sac Park Griffith Avenue Overlay from Park Hyde Street
to Park
Vine Street
247,576
247,576
25,440
25,440
273,016
25,440
25,
440
273,016 Committee Recommendation Fairway Drive Reconstruction from Tustin Street
to La Veta Frontage Fashion Park Street Reconstruction from Tularosa Ave
to La
Veta Av
131,000
170,000
197,000
59,000
75,000
78,000
86,000
19,000
265,000
92,000
131,000
170,000
197,000
59,000
75,000
78,000
86,000
19,000
265,000 92,000 Ci Dets
Facilities/1m rovements/Rehabilitation lij(
lrij'Ut'Aell.des Helping Our
Mentally III Experience Success HOMES,
Inc. Rile House Rehabilitation Olive Crest
Treatment Services Center,
Inc.Palm House Refurbishment Paint Your
Heart Out, Inc. (PYHO)Paint Da - Ci
of Oran e Rebuilding
Together Orange County Safe
at Home 2007-2008 Nonprofit
Agencies' Public
Facilities / Improvements /Rehabilitation Subtotal
UBLICFACILITIES/IMPROVEMENTS/REHAB. TOTAL
9,490 $ 9,490
7,000 7,000
20,000 20,000
12,000 12,000
48,490 $ 48,490 1,220,
490 $1,
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 10, 2007
FY2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM PROJECTS/
PROGRAMS lrUBLIC
SERV1CES'15% Bud et Ca is $ 204,
762.Cit De
artmeuts Communit
Services El Camino, Prospect/Grijalva, and Killefer
After-School Communi
Pro
rams Police Bike
Team Program Cit De artments' Public
Services Subtotal Balance available to Non rotit
Public Services Non rofit A
enc\eS Assessment and Treatment
Services
Center ATSC)Cit of Or an e Youth and Fami] Counselin
Pro ram Assistance League
of Orange o eration
School Bell Camp Fire USA Orange
County Council After
School Connection Colette's Children'
s Home Emer enc !
Transitional Shelter The Friendly
Center, Inc.Emer enc Assistance and Su lemental Food
Pro ram Mariposa Women and
Family Center Mari osa Famil
Pro ram Orange Elderly
Services, Inc.Meals
on Wheels Women's Transitional Living
Center, Inc.lude endence from
De endence YWCA of Central
Orange County First Ste s
Transitional Housin Non rofit A encies' Public
Services Subtotal PUBLIC SERVICES TOTAL
RE VESTED
GRAND TOTAL CD FY 2007-
08 CDBG Grant Prior Year CDBG Funds Rehud eted
for FY 2007-08 Total FY
2007-08 CDBG Bud
et 43,
170 43,
170 10,
000 10,
000 15,
000 10,
000 10,
000 7,
500 15,
000 10,
000 8,
600 96,100
259,270 1,
753,470
1,365,083
333,
185 1,
698,
268 0-
7,500
0-5,
000 7,
500 3,
512 5,
000 5,
000 8,
600 42,112 204,
762 1,
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
FY 2007-2008 Communitv Development Block Grant (CDBG) Prol!
ram MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to:
1) Approve
the funding recommendations of the CDBG Program Committee for the City of Orange FY
2007-2008 CDBG Program;2)
Authorize staff to request and receive $1,365,083 in FY 2007-08 CDBG funding from the
United States Department of Housing and Urban Development (HUD), and rebudget $333,185
of FY 2006-07 CDBG contingency funds for a total FY 2007-08 CDBG Program
budget of 1,
698,268;3) Authorize the City Manager or his designee to execute the FY 2007-
08 CDBG Program Grant Agreement and all related documents on behalf
of the City;4) Authorize the City Manager or his designee to execute FY
2007-08 Memoranda of Understanding with City Departments, Subrecipient Agreements
with nonprofit agencies, and all
related CDBG Program documents.FY 2007-2008 HOME
Investment Partnerships Act
Prol!ram MOTION -
Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche,
Dumitru, Bilodeau
Moved to:1) Authorize staff to request and receive $605,469 in FY 2007-08 HOME
funds from the United States Department of Housing and Urban
Development (HUD); and 2) Authorize the City Manager or his designee to execute the FY
2007-08 HOME Program Grant Agreement and all related documents on
behalf of
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
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, AND MITIGATED DECLARATION NO. 1774-05 - APPLICANT -
SHAHRAM (DAVID)AYENEHCHI/ PACIFIC GROVE. (Continued from January 23, 2007) (Z1500.
0 ZCG-1232-
05) TAPE 2326 The public hearing was continued to this time from Januarv 23. 2007 to consider
a proposal to zone vacant, un-zoned property (a former Union Pacific railroad
right-of-way) with an R-I-7 Single Family Residential, minimum lot size
of 7,000 square feet) zoning classification, The applicant is requesting to subdivide the subject
property into five residential lots and two lettered lots, A and B, to create five lots without direct access
to a public street, to construct five, detached,single-story (with mezzanine) residences upon the
five formed lots - upon property located west of Esplanade Street and east of Woodland Street, between
La Veta Avenue, which lies to the north,
and Fairhaven Avenue, which lies to the south.NOTE: Councilmember Bilodeau recused himself due
to his decision on the project
as a Planning Commissioner; and left the dais,Discussion - Assistant Planning Director, Ed Knight
provided a report to Council noting that the correct
Mitigated Negative Declaration
No, is ENV 1774-05.Council Ouestions -Mayor pro tem Dumitru asked if the
Kinder Morgan Energy Partners Company (KM) owners of the pipeline, had addressed the question of the
location of their pipeline and the overall safety record of their operation. He noted that KM had
been cited for 44 violations for safety in the past three years, including an explosion
at Walnut Creek, CA. He questioned whether the company would be on-site during
grading activities. He added that the Federal regulators had taken over KM's western
operation in 2004 due to its safety record.Senior Planner, Jennifer Le stated she met with
George Reed of KM who indicated that the company has a general profile of the pipeline location;
that prior to grading on the site, a process called potholing is to occur
by hand-excavation to physically locate the pipeline; and that a KM representative is to
be on-site during grading and construction activity. She further stated that a City grading
inspector is on-site during grading and is responsible for the conditions noted on
the plans that include KM's conditions regulated by Federal law,Mayor Cavecche asked about
the liability to the City if an accident were to occur.Councilmember Smith
stated she was concerned
about
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
City Attorney, David DeBerry stated that the safety of the pipeline is the responsibility of KM
and the property owner, He stated that the Council could direct staff to ensure the KM
representative is on-site during grading activities. He also stated that cleanup responsibility
is initially with the owner, operator and carrier of the pipeline, and is generally governed
by F ederallaws on contamination
spills.Discussion ensued regarding the trail area being included in the lot size and that this
was somewhat misleading, It was noted that the bike trail is part of the Master Plan of Trails, but
it is currently not part of this project for lack of funding, And in response to questions
about private property owners blocking off the trail easement it was stated that the easement for
the trail will be recorded on the Final Map, keeping the easement open and
accessible.Assistant Planning Director, Ed Knight stated that prior to grading, a pre-
grading conference would occur-this conference can be a condition included in the tract
map-giving staff the opportunity to review conditions with the developer to require specified
days and events at which KM's
representative must be present.Rezaali Hadaegh, Architect for the applicant, spoke to concerns including
density, area for rear and side yard setbacks; increased frontage area;
additional landscaping; monument signage;fencing type, height and style; and current and future use of the
property over the pipeline-identifying the construction mitigation plan's six conditions for
placement of berms, steel plating
and fencing while grading.Augustine Flores of Fee Builders identified his company's
purpose-to mitigate removal and replacement of pipeline on development property. He stated that he
is involved at many sites in Orange County and that they coordinate with
City inspectors and representatives
from pipeline manufacturers and suppliers.THE
MAYOR OPENED THE PUBLIC HEARING.The following people spoke in opposition to the
project. Their comments included -concerns with pipeline safety; lack of parking; close proximity ofrear
yards to existing homes;need for more open space; subject property is higher in elevation
than existing homes; traffic issues on Fairhaven Avenue associated with bike trail; exact location of
two pipelines is not known; previous concerns have not been addressed; pipeline leaks are just as
much
an issue
as explosions,
John Butler
Mark Miller
Florence Paul
Nancy Fernandez
Joseph Chrastka
Roberta Lessor
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
Robert Wellington
Connie Sasso
Steve Flanagan
Dottie Ronan
During the public comments, City Attorney David DeBerry addressed those public speakers
who encouraged the City Council to make this property a park. He noted that it would be
inappropriate for the City Council to deny this project on the basis that it wanted the property
for a park. That would deny the property rights of the property owner and that unless the City
was ready to buy the property, whether or not the property should be a park was not a
consideration, He encouraged speakers to focus in on their concerns about this particular
project.
The following people spoke in favor of the project. Their comments included - this project will
clean up the current condition on the property; there are pipelines all over the city; trail will
remain.John
Hamilton John
Welty THE
MAYOR CLOSED THE PUBLIC HEARING.Rezaali
Hadaegh, Architect for the applicant, explained that during the potholing process described
earlier, after three holes had been dug, pre-existing cracks in the pipeline had been
discovered which KM repaired; but that the potholing would continue. He added that
surveyors would pinpoint the pipelines in the easements by additional potholing and that the
construction is beyond the pipeline easements-there is no house or foundation to
be developed on the easements; that there is a pipeline in the area of Collins and Wanda where
a much denser development exists; that a community outreach occurred attracting close to
100 neighbors, many in favor of the project; that the 30-foot strip of landscaping could
be reduced to 20-feet to provide parking; and that the area over the pipeline is paved,
adding that KM prohibits putting anything in the vicinity
of their pipeline.Discussion followed among the City Council regarding the plans and that
they showed only part of the area over the pipeline being paved over-On the plans
the pipeline is shown running under driveways and landscaping. The City Council expressed
concern over the need to pinpoint the location of the pipeline to understand the
ramifications of the project.Mr. Hadaegh offered that the Council place a condition of
approval mandating the identifying ofthe location of the pipeline and requiring hardscape over the entire
length of the pipeline.Assistant Planning Director, Ed Knight and Assistant
City Engineer, Roger Hohnbaum,fielded questions by Council, stating that the developer is the owner of
the property; that the Building Code requires the mezzanine remain open; that the land at
the intersection
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
and Hewes is a flood control basin and could not be used to build this project; that the Tustin
branch trail at Fairhaven is signalized; that the pipeline carries various types of petroleum-
and is owned by KM; and that the private street is wide enough for public safety vehicles.
Council Comments -Councilmember
Smith stated her lack of support for the project due to her apprehension over the
height of the homes - she views them as two story homes and, therefore, should have a large rear
setback; the close proximity of the proposed homes to existing homes which creates a line
of sight issue; lack of guest parking on site; and the proximity of the pipeline to the project. She
indicated that her primary concern is the pipeline, adding that most of the pipeline running through
Orange County is under un-developed property.Mayor
pro tem Dumitru stated that the project was beautiful and if it were in a different part of town,
he might vote for it; however, his concerns with the pipeline and the possibility ofloss of life
ifthere ever were an accident precluded him from supporting the project. He further stated that
he was concerned where the rest of the pipeline ran in the City given KM's safety record-
stating that the Council should pursue discussions with Kinder Morgan over their
operation, TAPE 2
Councilmember Murphy stated that the developer addressed the concerns from the previous
hearing and brought an improved project forward. He indicated with safeguards and
confirmation of the location of the pipeline, along with conditions addressing safety, the
concerns could be mitigated. He stated a need for additional parking, but felt there could be
alternatives to add more parking.
Mayor Cavecche stated that the applicant has made a tremendous effort to design a project to
fit the neighborhood and commended him for his due diligence, as well as mentioned the
tremendous talent of his architect. She stated that the project was too much on too little space,
and that she views the homes as two stories, given the mezzanine; and that with that
mezzanine, 10-feet is not enough ofa setback. She added that the parking issue may not be
a problem; and that there was a great deal of land for the trail. She was also concerned
with determining the exact location of the
pipeline.Mr. Hadaegh asked for a continuance to redesign the
project.Councilmembers Smith and Dumitru indicated that the pipeline was still too much of an
issue to suggest a
continuance.PAGE 1
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
Council Action:
RESOLUTION NO. 10162
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No, 1774-05, Tentative Tract Map No. 16878, Design Review Committee No.
4109-06, and Minor Site Plan Review No. 377-05, to permit the subdivision and development
of the former railroad right of way, located west of Esplanade Street and east of
Woodland Street,between La Veta Avenue and
Fairhaven Avenue.Applicant: Shahram (
David) Ayenehchi MOTION -
Dumitru SECOND - Smith
AYES - Smith, Cavecche, Dumitru NOES -
Murphy ABSTAIN (RECUSED) -
Bilodeau Moved todeny
Resolution No. 10162,ORDINANCE NO. 4-
07 (FIRST READING)An Ordinance
of the City Council of the City of Orange approving the Reclassification of abandoned Railroad
Property generally located West of Esplanade Street and East of Woodland Street, between
La Veta Avenue and Fairhaven Avenue from unzoned to RI-7 (Single Family Residential).
Zone
Change 1232-05 - Applicant: Shahram (David) Ayenehchi MOTION -
Dumitru SECOND - Smith
AYES - Smith, Cavecche,
Dumitru NOES - Murphy ABSTAIN (RECUSED) -
Bilodeau Moved to
deny Ordinance No. 4-
07.PAGE 19
CITY COUNCIL MINUTES April 10, 2007
13. PUBLIC HEARINGS (Continued)
13.3 REVOCATION OF CONDITIONAL USE PERMIT NO. 90-60
AND CONDITIONAL USE PERMIT NO. 2334-00 - QUAN'S ROCKIN' SUSHI (
PRESENTLY SAGE SUSHI), 1107 N. TUSTIN STREET. (C3300.0 CUP-
90-60; 2334-00)Time set for public hearing to consider pursuing formal
consideration to revoke Conditional Use Permit No. 90-60 and Conditional Use Permit No.
2334-00. Conditional Use Permit No.90-60 permits the General On-Sale of alcohol (
type 47) in a bona fide eating establishment,Conditional Use Permit No.
2334-00 permits entertainment within the restaurant to include activities such as karaoke and dancing,
and the use of coin operated amusement devices, such as video games and billiard
tables, in conjunction with the serving of alcoholic
beverages.Property is located at 1107 North Tustin Street.Discussion - Mayor Cavecche noted that the
City Council had received all the evidence which had been presented at the Planning Commission
meeting of March
5, 2007; and the testimony from that meeting.Assistant City Attorney, Wayne
Winthers, briefly reviewed the history of the
property.MAYOR CA VECCHE OPENED THE PUBLIC HEARING Mayor Cavecche noted that neither
the property owner or operator were in attendance.Laura Rubio, property owner at 1802-
1806 E. Adams,
spoke in favor of revoking the conditional
use permits.MAYOR CA VECCHE CLOSED THE PUBLIC HEARING The City Council thanked the
Orange Police Department and City Attorney staff for gathering the evidence in this case, noting that
the
amount of
information to support
a revocation was
overwhelming.Council Action:MOTION - Cavecche SECOND -
Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to revoke Conditional Use Permit No,
90-60 and Conditional Use Permit No. 2334-00 as
recommended by the Planning Commission on March 5, 2007,A resolution
formalizing this
CITY COUNCIL MINUTES April 10, 2007
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT The
City Council adjourned at 10:25 p,m. to an Adjourned Regular Meeting, Study Session, to be
held on Tuesday, April 17, 2007, at 5:00 p.m. in the Weimer Room, to review proposed FY 2007-
08 Budget Revenues and Expenditures,
The next Regular Council meeting is scheduled for April 24, 2007,
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 10, 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.
i~~~
CITY CLERK
PAGE 21