HomeMy WebLinkAbout4_24_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 8, 2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 24, 2007
The City Council of the City of Orange, California convened on April 24, 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 Steve Fiechter, Christ Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None.1.
4
PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation declaring
Mayas National Historic Preservation Month was presented.Employee Service
Awards were presented.Mayor Cavecche
announced a Fundraiser for Orange Senior Center on May 2nd at Pat Oscar's
on Town and Country.Mayor Cavecche
announced a Fundraiser for Orange High School Theater Department that evening;
and a production of Bye Bye Birdie on May 10 through 12.Mayor Cavecche
announced an Old Towne Brochure is ready for distribution and distributed copies
to the Council.2. PUBLIC
COMMENTS - None.Pa\!e 1
CITY COUNCIL MINUTES April 24, 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 April 5, and 12, 2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of April 10 and
Adjourned Regular Meeting of April 17, 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 March 31, 2007.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Agreement for Coordinated Use of EI Modena Basin between Irvine Ranch Water
District (IRWD) and the City of Orange. (A2100.0 Agr-
5062)SUMMARY: IRWD will soon be making wetland improvements at the El
Modena Basin. The agreement outlines areas of operation and maintenance responsibility
for each
agency.ACTION: Approved agreement with Irvine Ranch Water District and authorized
the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMPACT:
None.Pa\!e
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.6 Consultant Services Agreement with RRM Design Group to prepare the City of Orange
Depot-Plaza Pedestrian Connection Study, using Orange County
Transportation Authority (OCTA) Go Local grant funds. (A2100.0
Agr-5063)SUMMARY: The Go Local grant program is an OCTA initiative intended
to improve access to transit facilities and increase commuter rail ridership within
Orange County.The City Council approved a Cooperative Agreement with OCTA for Go
Local funds on September 26, 2006, which allocated $60,000 to prepare the
Depot-Plaza Pedestrian Connection Plan. The proposed consultant services agreement retains
a consultant to complete the Depot-Plaza Pedestrian Connection Study
in accordance with this
previously approved Cooperative Agreement.Discussion - Councilmember Smith suggested involving more
people from the community in this project who are familiar with the downtown
area - including Downtown merchants, Plaza marketing group, the Chamber of Commerce, OTP
A, the Orange Barrio Society, Economic Development staff, Chapman University
and other members of
the public.Mayor Cavecche asked for clarification on the rationale for using Almond
as a connection and why Chapman was not on
the list.Principal Planner, Anna Pehoushek explained that Chapman Avenue is being
studied as part of the Santa Fe Depot Specific Plan; and that Almond Avenue is included
in this study to study connections to further areas
from downtown.Councilmember Smith noted that using Almond would assist In connecting
to the Senior Center and include yet another segment
ofthe population.MOTION -
Smith SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION:
I) Appropriated $60,000 from 550-6011-264600-9796 (Revenue
from Go Local OCTA Grant) to 550-6011-
485100-9796 (Depot-Plaza Pedestrian Connection Study); 2) Approved Consultant Services Agreement
with RRM Design Group, as the consulting team to prepare the Depot-
Plaza Pedestrian Connection Study, in an amount not to exceed $60,000; and 3) Authorized the
Mayor and City Clerk to
execute the agreement on behalf ofthe City.FISCAL IMPACT: Upon appropriation, funds will
be available to cover
the cost of the contract as follows:550-
6011-485100-9796
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
3.7 Second Amendment to Agreement No. 4759 between the City of Orange and
Project Dimensions, Inc. (PDI) for Construction Management services. (A2100.0
Agr-4759.
2)SUMMARY: An Amendment to Agreement No. 4759 between the City of Orange
and PDI) in an amount not to exceed $70,000 is requested for Construction
Management services for the Del Rio Sports Park (Steve Ambriz Memorial Park)
project.ACTION: Approved the Second Amendment to Agreement No. 4759 between the
City of Orange and Project Dimensions, Inc. for additional services required in an
amount not to exceed $70,000; and authorized the Mayor and City Clerk to execute
the Amendment on behalf of the
City.FISCAL IMPACT: Other than administrative costs, there is no fiscal impact to
the General Fund. The costs associated with the Consultant Services Agreement ($70,
000)will be paid for by theDeposit/Reimbursement Agreement with North Orange Del
Rio Land,
LLC.3.8 Employment Agreement with City Manager John Sibley. (A2100.0 Agr-
4707.C)SUMMARY: The proposed agreement with City Manager John Sibley provides
for a two year term from July 1,2007 through June 30, 2009 and an eight percent raise
to be retroactive to March 1,2007, along with a change in the date of the
performance review to January 2008. Otherwise the agreement is substantially similar to
the City Manager's
existing contract.NOTE: Mayor Cavecche and Councilmember Smith recorded a No vote on
this item.ACTION: Approved Agreement for Employment of
City Manager.FISCAL IMPACT: $1,608 per month; $19,
296
annually.APPROPRIATIONS 3.9 Appropriation of State Asset Forfeiture Funds for the purchase of a
mobile data computer, radio and modem for one new police vehicle. (
C2500.K)SUMMARY: The Police Department would like to purchase a mobile
data computer,radio and modem for use in a newly purchased Crown Victoria. An
appropriation of 14,000 from State Asset Forfeiture Funds is requested for
the purchase.ACTION: Appropriated $14,000 from the unreserved fund balance of
State Asset revenue to account 356-4011-471301 (Police Equipment,
State Asset Forfeiture Fund)for the purchase of a mobile data computer, radio and modem
for one police vehicle FISCAL IMPACT: Unreserved fund balance is
availablefor the
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
3.10 Appropriation of Park Vending Machine Revenue for Youth Recreation
Programs. (C2500.N)
SUMMARY: The Community Services Department received revenue in the amount of
7,021.72 from park vending machines for the purchase of supplies and equipment for
youth recreation programs.
ACTION: Appropriated revenue received from park vending machines (100-
7001-252101-1026) in the amount of $7,021.72 to the
following accounts:100-
7014-443500-1026
Athletic Supplies 100-
7011-443800-1026
Other Recreation 1,020.00 6,001.72 FISCAL IMPACT: Upon appropriation,
sufficient funds will be available to cover
the
cost of the recreation supplies and equipment.BIDS 3.11 Bid No. 078-02,
approval of plans and specifications and request authorization to advertise
for bids for construction of Arterial Highway Rehabilitation
Program AHRP) Project -
Meats Avenue Rehabilitation Improvements (SP-3585).S4000.S.7)SUMMARY: Plans
and specifications have been completed for the Meats Avenue Rehabilitation from Orange-Olive
Road to Nordic Street. The project is ready to be
advertised for
bids. The estimated construction cost including contingencies is 900,000.ACTION:
Approved plans and specifications and
authorized advertising for bids for the Meats Avenue Rehabilitation improvements.FISCAL IMP ACT: The
total project construction cost estimate is $900,
000. Funds are budgeted and available in the
following accounts:272-5011-483300-3049 Gas Tax
Meats Ave: Orange-Olive to Cambridge 272-
5011-483300-3052 Gas Tax Meats Ave:
Cambridge
to Nordic
550-5011-
483300-3049
AHRP Meats
Ave: Orange-
Olive to Cambridge 550-5011-483300-3052 AHRP Meats Ave: Cambridge to Nordic Total
280,000 220,000 171,205 159.748 830,953 Once the bids are
opened and actual
bidsare known,
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
3.12 Bid No. 067-43, approve plans and specifications and authorize advertising
bids for citywide striping and pavement markings. (S4000.S.
7)SUMMARY: The project invites competitive bids for citywide striping and
pavement marking
services.ACTION: Approved plans and specifications and authorize advertising Bid No.
067-43 for the installation of traffic striping, pavement markings and raised
pavement
markers citywide.FISCAL IMPACT: Funds are available in the
following account:273-5032-427100
Contractual Services 90,000 3.
13 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. Rose 1.
Dallies b. Michael
Fisher c. Catherine Metcalf
d. America T. Miller e. Robert 1. and
America T. Miller Trust
f. Charlotte R.
Pardee g. James Walters ACTION: Denied Claim(s) for damages and referred
to
City
Attorney and Adjuster.CONTRACTS 3.14 Award of Contract - Bid No. 067-36; SP-3591
Fiscal Year 2006-07 Annual Street Maintenance Phase II - Asphalt Concrete Overlay
at
Various Locations. (A2100.0 Agr-5064)SUMMARY: Bids for Annual Street Maintenance
Phase II were received and opened on April 5, 2007. Three (3) bidders responded
to the Notice Inviting Bids. The apparent low bidder is Ruiz
Engineering Company for $1,462,805.ACTION: Awarded the contract in the amount of $
1,462,805 to Ruiz Engineering Company, 1344 Temple Avenue, Long Beach,
CA 90804 and authorized the Mayor and City Clerk
to execute on behalf ofthe City.FISCAL IMP ACT: Funds are budgeted
and available in the following accounts:262-5011-483300-3120 Local
Street Maint - Measure M
Turnback $1,710,
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 067-39; SP-3595 Fiscal Year 2006-07
Phase II Annual Street Maintenance Program - Slurry Seal at Various Locations. (A2100.
0
Agr-5065)SUMMARY: Bids for Annual Slurry Seal at Various Locations were
received and opened on April 5, 2007. Three (3) Bidders responded to the Notice Inviting
Bids. The apparent low bidder is Pavement Coatings Company for $
151,251.ACTION: Awarded the contract in the amount of $151,251 to
Pavement Coatings Company and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: Funds are budgeted and available in the
following account:262-5011-483300-3120 Local Street Maintenance - Measure
M Turnback $250,000 3.16 Contract Change Order No.1 and Final Payment; Bid
No. 056-41; Tustin Street and Chapman Avenue Critical
Intersection Improvements Project (
SP 3361).A2100.0 Agr-4915)SUMMARY: The Contract Change Order
authorizes payment for additional work at agreed lump sum prices. The total cost for this
change order is $45,930.87.ACTION: Approved Contract Change Order No. 1
and Final in the amount of 45,930.87 to Alliance
Streetworks, Inc. for the additional work.FISCAL IMP ACT: Funds are budgeted
and available in the following accounts:284-5011-
483300-3228 Transportation System
Improvement Program $ 29,855.06 TSIP) - Area B
550-5011-483300-
3228 Regional Service Transportation Program $ 16,075.81 RSTP) Federal Funding 3.17 Final
Acceptance of Bid No. 056-45; Waterline Renewal for Fern St., Hillside
Ave., Brookside Ave., Warbler PI., Hart St., Mockingbird PI., Oriole PI. and
Meadowlark PI. and authorization to file Notice of
Completion with the County Recorder (No staff report required). (A2100.0 Agr-
4933)SUMMARY: Bid No. 056-45 Waterline Renewal for Fern St., Hillside Ave.,
Brookside Ave., Warbler PI., Hart St., Mockingbird PI., Oriole
PI. and Meadowlark PI. The contractor on said job
was West Valley Construction, Inc.ACTION: Accepted public work improvements; authorized release of Safeco Insurance
Company of America, Bond No. 6398825, in the amount of$83l,709.
00 and authorized
theMayor and
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
DONATIONS
3.18 Donation from Wal-Mart of Orange for use during Emergency Medical
Services EMS) Week. (C2500.
H)SUMMARY: Wal-Mart of Orange has donated a check in the amount of $650.00
to be used to support the Emergency Medical Services Week of which the City of
Orange is
a partner.ACTION: Accepted the check for $650.00 in support of Emergency
Medical Services Week. Appropriated the $650.00 from 100-3022-
293900 (paramedic donations) to other-miscellaneous account 100-3022-429800)
for the
Ray of Life Foundation for EMS Week.FISCAL IMPACT: None. The $650.00 donation will be
turned over to the
Ray
of Life Foundation for EMS Week.RESOLUTIONS
3.19 RESOLUTION NO. 10178 (C2500.M)A Resolution of the City Council of
the City of Orange supporting the Groundwater Replenishment System and the joint efforts
of the Orange County Water District and the Orange County Sanitation District
to identify and develop alternative sources for
safe, reliable
water supplies for Orange
County.ACTION: Approved.REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 10186 (T2200.0)A Resolution of the City Council of
the City of Orange opposing AB 1457.Discussion - Councilmember Murphy, as the
City's representative to the Foothill-Eastern Transportation Corridor Agency, spoke on
the negative effects AB 1457 would have on the much needed extension of the toll road
in South County; noting that the least environmentally damaging extension
alternative was already approved in 2006;and the current proposal would actually improve the
area with
a water management
and recycling program.
MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to adopt
ResolutionNo. 10186.
CITY COUNCIL MINUTES April 24, 2007
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Item 3.2
was approved as corrected. Item 3.6 and 3.20 were removed and heard separately. Mayor Cavecche
and Councilmember Smith recorded a No vote on Item 3.8. All
other items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR CA VECCHE 4.1 Update
from Mayor Cavecche on Legislation affecting Group Homes.Mayor Cavecche gave
updates on various bills being considered in committee, some doing well and some
not doing well. She stated that the bill governing licensing of sober living homes which has
a new category of alcohol recovery maintenance facility is being considered.She stated that
it is hoped by many that the 300-foot separation clause be a part of these bills.She added
that the Republican Caucus is sending a letter to Governor Schwarzenegger for an executive order
on this issue.She stated
that a bill to prohibit six or more registered sex offenders from living in the same home is
moving through the committees. She also stated that the Steve Ambriz bills, one which extends
the sentencing for driving under the influence is not doing well; but that the one requiring a
driver to sign a statement at the DMV that they understand the ramifications of driving under
the influence which will increase the sentencing of violators, is doing well.5. REPORTS
FROM COUNCILMEMBERS - None.6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None.Pa\!e 9
CITY COUNCIL MINUTES April 24, 2007
7. ADMINISTRATIVE REPORTS
7.1 Report from the Public Works Director - Cooperation and Reimbursement Agreement
between the City of Orange and the Orange Redevelopment Agency relating to
certain traffic signal improvements at the intersection of Manchester Avenue and Compton
Avenue; and award of contract in the amount of $169,884 to Christopher R.Morales,
Inc. for installation of a traffic signal at the intersection of Manchester Avenue and
Compton Avenue (Bid No. 067-34). (A2100.0 Agr-5066;
5067)See related Orange Redevelopment Agency Minutes Item 7.
1)SUMMARY: The Cooperation and Reimbursement Agreement provides for
Agency reimbursement to the City of Orange for the costs incurred by the City in connection
with certain traffic signal improvements at the intersection of Manchester Avenue and
Compton Avenue in an amount not to exceed $200,
000.Bids for the traffic signal improvements at the intersection of Manchester A venue
and Compton Avenue project were received and opened on March 29, 2007. Seven (7)
bidders responded to the Notice Inviting Bids. The apparent low bidder is Christopher R. Morales,
Inc.ofIndustry in the amount of$169,884.
00.Discussion - Public Works Director, Gail Farber gave a brief staff report. Responding to a
question by Mayor pro tem Dumitru, she indicated that Christopher R. Morales Inc., met all the
bid requirements and as the low bidder is being awarded the contract.
Mayor pro tem Dumitru questioned the need for the proposed signal improvements with
already existing traffic islands, another nearby signal, asked if there were other types of
warning devices for pedestrians; and asked for information on traffic counts.
Traffic Engineer, Tom Mahood responded to questions from Council that the traffic signal was
being installed for pedestrian safety which is safer than pedestrian flashers or warning beacons.
He stated the cost is high due to the difficult shape of the piece of land the signal is being
installed at. He noted there are 4,000 cars per day through the intersection; and described the
usage of Manchester as a frontage road and as the onramp (southbound) to the 5 Freeway at
Orangewood.
Mayor Cavecche questioned whether the Manchester condominiums developer was asked to
install a traffic light. Councilmember Bilodeau asked if this met the warrant for pedestrians.
Mr. Mahood responded that the increase in pedestrian traffic to the food court at the Best Buy
shopping center was more responsible than the development of the homes and that the warrant
for vehicles was met at this location. He added that the landscaping being installed at the
Manchester condominiums development will also add to the sight distance restriction.
Palle 10
CITY COUNCIL MINUTES April 24, 2007
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Smith stated her support for the signal given the new configuration of the 5
freeway, the high speeds traveled on Orangewood, the danger to pedestrians at the Best Buy
parking lot; adding that it is worth the expense for safety reasons and the service to the
neighborhood.
Mayor Cavecche stated that after visiting the site, she sees the need for the signal, and did not
want the City to be put in a position of liability; but noted it was unfortunate that the City did
not get more funding from the local developer for signal improvements at this location.
RESOLUTION NO. 10179
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency for a traffic signal
installation at Manchester Avenue and Compton Avenue within the Orange Merged and
Amended Redevelopment Project Area.
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Bilodeau NOES - Dumitru Moved
to: 1) Adopt
Resolution No. 10179; 2) Award a contract in the amount of$169,884.00 to Christopher R. Morales,
Inc. and authorize the Mayor and City Clerk to execute on behalf of the City; and 3)
Authorize the Public Works Director/City Engineer to approve change orders to the contract as
deemed necessary and appropriate up to but not in excess of$16,988.8. REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS 9.1
ORDINANCE NO. 10-
07 (FIRST READING) (Continued from April 10, 2007)A2500.0 Ord-l0-
07 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 - City
Attorney David DeBerry reported the Police Department currently does a background check on
tow truck drivers and the Police Department believes this background check is adequate
to determine citizenship of the drivers. He stated the ordinance will require the operators to
wear the permit in plain view that will contain their photo, driver's license and date of birth.
Pa\!e 11
CITY COUNCIL MINUTES April 24, 2007
9. LEGAL AFFAIRS (Continued)
MOTION - Bilodeau SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance
No. 10-07 be read by title only and same was set for second reading by the preceding
vote.9.2
ORDINANCE NO. 11-07 (FIRST READING) (A2500.0 Ord-ll-
07)An Ordinance of the City Council of the City of Orange describing the Orange
Redevelopment Agency's Eminent Domain Program for the Orange Merged and Amended
Redevelopment Project Area and authorizing and directing a Revised Statement of Institution
of Redevelopment Proceedings to be recorded in the official records of the County of
Orange.Discussion - Economic Development Director, Jim Reichert gave the staff report, indicating
that this action was being taken to satisfy the requirement in recently adopted legislation-
SB1809.
Mayor Cavecche suggested a change in wording for this Ordinance - the Agency shall not exercise
the power of eminent domain to acquire any private real property within the Merged and
Amended Project Area if ownership of the property will be transferred to a private party or
private entity for purposes of redevelopment, economic development or any other private use.
City
Attorney, David DeBerry reported that the only time the Redevelopment Agency has used its
power of eminent domain to transfer property from one person to another, was to address a holdover
tenant on the former site of The Block. He added that the proceeding was filed on that
lease and the matter was settled with the lessee and the mall developer.Councilmember
Smith asked for clarification on the possible use of eminent domain from school
districts, colleges and private universities; noting that Chapman University is very close and
in some places included in the Redevelopment (southwest) area. She stated that recently 17
acres were added to the Chapman University Specific Plan and at a public workshop a member
of the public asked the question about the school's use of eminent domain.Assistant
City Attorney Ted Reynolds, explained that school districts, universities and colleges are
considered public or quasi-public entities. Mr. Reynolds reiterated that the ordinance
addresses putting limitations on the redevelopment agency, not giving power to Chapman
University or the school districts for use of eminent domain.
Mr. DeBerry stated that private universities would be required to get permission from the City
Council to exercise the power of eminent domain. He added that this limits the redevelopment
agency from condemning private property and giving it to Chapman University, but does not
preclude Chapman from seeking Council approval to exercise eminent domain. He also
clarified personal property such as a lease on real property.
Palle 12
CITY COUNCIL MINUTES April 24, 2007
9. LEGAL AFFAIRS (Continued)
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance
No. 11-07 be read by title only and same was set for second reading by the preceding
vote; with the additional language as noted.9.3
RESOLUTION NO. 10182 (C3300.0 CUP-2334-00; CUP-
90-60)A Resolution of the City Council of the City of Orange Repealing and Revoking, in
its entirety,Conditional Use Permit No. 90-60, which allowed the General On-Sale (Type
47) of alcohol at a bona fide eating establishment, and Conditional Use Permit
No. 2334-00, which permitted entertainment in conjunction with the service of alcoholic
beverages 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) for the property
located
at 1107 North Tustin Street.Revocationof Conditional Use Permit
No.'s 90-60 and 2334-00 Quan's
Rockin' Sushi A.
K.A. Sage
Sushi)MOTION - Cavecche SECOND - Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to
adopt Resolution No. 10182.10. RECESS TO THE MEETING OF
THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The CityCouncil recessed at 5:40 p.m. to a Closed Session
for the following purposes:a. Conference with Labor Negotiator pursuant to Government
Code Section 54957.6:City Negotiators:
Personnel Director Steven Pham
Personnel Manager Mike Harary Senior
Personnel Analyst Monica Vasquez Employee
Organizations: Orange Management Association Orange Maintenance
and Crafts Employees Association
Orange Municipal Employees Association
WaterDepartment Employees
CITY COUNCIL MINUTES April 24, 2007
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Jonathan Hill, Orange, speaking on behalf of the Feedback Foundation, thanked Council for
their support over the year; and reported they have merged with Senior Meals and Services in
Garden Grove, and are now known as Community Senior Serve.
13. PUBLIC HEARINGS -13.
1 APPEAL NO. 0515-07 - CONDITIONAL USE PERMIT NO. 2580-06, DESIGN
REVIEW COMMITTEE NO. 4080-06 AND NEGATIVE DECLARATION NO.
1767-06;MARK D. DRENNER, APPLICANT; OLD
TOWNE PRESERVATION ASSOCIATION (OTPA), APPELLANT - 424 SOUTH GRAND STREET (A4000.
0
App-0515-07)Time set for public hearing to consider an appeal of the Planning Commission'
s approval to allow the demolition of a 380 square foot, single-story detached garage replacing it
with a 1,327 square foot, two-story, detached accessory structure, providing
a three-car garage and an Accessory Second Housing Unit on a
property with an existing single-family residence characteristic of the Hip Roof Cottage architectural
style that was constructed originally in 1906.NOTE: Negative Declaration No. 1767-
06 was prepared to evaluate the potential environmental impacts of the proposed project
in accordance with the
provisions of the California Environmental Quality Act (CEQA).Discussion - Community Development
Director, Alice Angus provided the staff report.Councilmember Smith asked the size of
a standard garage, accessory second unit, the dimensions to an uncovered parking space required with a
second unit, as well as the
materials to be used on the project.Mrs. Angus stated the standard sizes for a garage is
400 square feet (sf); an accessory second unit is 640 sf; an uncovered parking space is a little less than
200 sf; and the materials to be used consisted of wood siding, wood windows
and
other similar treatments as the original structure.
THE MAYOR OPENED THE PUBLIC HEARING -Appellant, Jeff Frankel spoke regarding the OTPA's
contention that the project is incompatible with the historic district. He raised questions regarding the bulk
and mass of the structure, as well as identified areas that they felt were deficient in the
review of the project. He stated there was a lack of discussion on how this project relates
to the South Grand Street Study,which concluded that the 300 and 400 blocks
ofSouth Grand
CITY COUNCIL MINUTES April 24, 2007
13. PUBLIC HEARINGS (Continued)
He stated the original staff report lacked crucial information relating to the South Grand Street
Study, CEQA guidelines, second unit housing legislation and issues with cumulative effects.
He suggested that the project be denied or sent back through the process for further review.
Doug Ely, architect for the owner, spoke on the project's history, floor area ratios (FAR) of
specific zoning, the project's sensitivity to bulk and mass, utilization of existing elements, the
use of the Grand Street Study and Sanborne Maps for historical purposes, the placement of the
garage in the original location, habitable versus non-habitable spaces; and stated that
the standards given by the City have been
followed.The following people spoke in favor of the Appeal, and in opposll1on to the
project,commenting on: Issues with bulk and mass and impacts on surrounding structures;
suggested returning this project through review process; this project is not consistent with South
Grand Street Study; a poor decision was made by the Planning Commission; this project is
not supportive of the Old Towne Design Standards; there is already a lack of maintenance on
the property; DRC meetings are not noticed publicly; South Grand Street Study findings have
not been published; suggested a moratorium until South Grand Street updates can be published
and put into effect; parking and traffic impacts on Grand
Street;Reggie
Mundekis Annalisa
Goode Patty
Ricci Carol
Rudat Ben
Pruett Jan
Chomyn Janet
Crenshaw Diana
Zdenek Tom
Loughrey Gary
Zdenek Mr. Ely responded to concerns expressed by reiterating that the project has been approved
by all reviewing bodies; the down-zoning of South Grand Street did not
preclude development and that the project is below
FAR requirements.Mayor pro tern Dumitru and Councilmember Smith questioned Mr. Ely on the
square footage of the garage area and the reason for the footprint of the building being larger
than the traditional square footage for an accessory second unit, the addition of dormers
and their proposed use, whether the garage was worth saving or not, and the proposed parking
area and
its access.Mr. Ely stated the square footage calculation and that he disagreed that the footprint
was larger,the dormers were not being considered for habitable space, the garage would be torn
down to build the project, and the access to the parking area being from the alley which would
turn the front of the property to landscaped
openspace.Pa\!
CITY COUNCIL MINUTES April 24, 2007
13. PUBLIC HEARINGS (Continued)
OTPA Representative, Mr. Frankel stated that the four dormers do add additional room;
questioned the restoration of the front landscape to the 1920's or 1930's; whether the alley was
used as an access and if not, the front should remain the access point; the Sanborne Maps
contain inaccuracies; and the uncertainty of the square footage facts on the project. He further
stated the project needs a more sympathetic design and further assessment, using the available
studies to determine the impact on the historic district.
THE MAYOR CLOSED THE PUBLIC HEARING
City Attorney, David DeBerry stated that the make-up and the decision-rnaking process
of the Planning Commission; the guidelines and regulations proposed, but not adopted by
Council; and the moratorium or proposed moratorium of accessory units were not relevant to the
decision. He further stated that the purpose and intent of the rezone; impacts being addressed by
the rezone and the project in light of the adopted standards including the Old Towne Design
Standards and the Secretary of the Interior Standards and Guidelines for Rehabilitation were the
relevant issues to
be considered.Mayor Cavecche asked for clarification on the FAR figures
being used.Community Development Director, Alice Angus stated that within the R-l
Zone, the maximum FAR is .6, adding that it is then applied to the context-looking at
the surrounding character of the neighborhood. She stated that the FAR for this project was within the .35
FAR stated as an average in the unadopted Grand Street Study of the 300-400 Block of
South Grand; and that the bulk area ratio comes into play in determining whether or not the
project is in compliance. She added that her calculations do not include the uninhabitable space;
and that assurances can be put in place to ensure that these areas are not converted to
habitable space in the future.In response to a question from Mayor pro tem Dumitru, Mrs. Angus
stated that after a garage with a second unit above it was approved in the area, the 300-
400 blocks of South Grand Street were studied and then rezoned because of a public outcry
of overbuilding in terms of density.These two blocks were rezoned and more recommendations were
to come back to the
Council along with the General Plan.Mayor Cavecche stated that she was on the Council during
this rezone, and noted that from reviewing those minutes, the Council had asked
that those recommendations come back quickly.In response to a question from Councilmember
Bilodeau about permits for driveway access,Mr. DeBerry indicated that a permit is required for new access
to any property in the City,adding that in the Old Towne area access
wouldbe according
CITY COUNCIL MINUTES April 24, 2007
13. PUBLIC HEARINGS (Continued)
Mrs. Angus stated that the access from the alley is not as limited as front access from the street,
adding that the Planning Commission placed a condition on the project's proposed alley
access-that the access from Grand Street be closed off. She indicated that permits for
access from the street addressed curb cuts to ensure they be constructed
correctly.Mayor pro tem Dumitru asked whether down-zoning this property would conflict
with ABl866 requiring cities to provide its fair share of housing in terms of the regional
housing numbers.Mrs. Angus responded that any time down-zoning is considered, determination
must be made whether it would eliminate housing identified in the Housing Element to
meet the numbers;however, she added that state law allows denial of projects in historic districts if
a housing unit project is out of compliance with
regulations and standards.Mr. DeBerry stated that the State law allows cities to enact zoning and
regulations on secondary units, but they cannot be arbitrary or burdensome so as to unreasonably
restrict a homeowner from adding an accessory unit. He reiterated that historic districts can
have more restrictive standards
regarding secondary units.Councilmember Smith addressed the three areas that Mr. DeBerry stated were
relevant
to the decision:In 2004, the Council voted to rezone the 300-400 blocks of South Grand Street
to R-l, due to the neighborhood having met the threshold of capacity for
second units, the density areas had exceeded the thresholds, more units in the two blocks
than the General Plan advised,impacts with traffic, lower property values, and the
loss
of single-family ambience and charm.This proposal does not seem to fit the neighborhood and
suggested an option of a single story 640 sf cottage with a two car garage on the side.
She stated that this property could add a smaller single-story unit with no staircase, along
with a smaller garage and no laundry room. . These options still comply with
the zoning and the right to build.The City's design standards hold the capacity to govern this
project. She stated that it is a discretionary project-and the Council
is a discretionary body. Just because the policy allows for a larger project, it is
not necessarily compliant to build a large project.She further suggested the applicant down-
size the project to a more
appropriate addition which would be kinder to the neighborhood.Councilmember Bilodeau stated that
he would have difficulty making the findings to approve this project - that it does not preserve the historic
context of the site; also noting that the proposed structure is not very well screened by
the
residents. He also
CITY COUNCIL MINUTES April 24, 2007
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Dumitru stated that the City has adopted design standards and the architectural
style does not fit into the area. He stated that the down-zoning was to specifically remove
the secondary unit congestion from the neighborhood. He further stated that although the
property owner has a right to build on his property, this project is not
appropriate.Councilmember Murphy stated the difficulty with this kind of project being subject
to interpretation rather than something easily measured-stating that the measurement
of livable area in this residence is not clear. He stated that looking at the impact of the project
on the neighborhood and the streetscape, showed an overbearing structure. He suggested
allowing the applicant to bring back a project without prejudice. He suggested a
smaller project-single story with a separate stand alone garage. He added he could not support the
project and would vote for the appeal with the applicant being able to bring back the project in
a timely basis incorporating
the views stated.City Attorney David DeBerry stated that the Council could direct a different
project be brought back for approval without paying certain fees; however, the applicant could not
come back with the same project within six
months of denial.Community Development Director, Alice Angus, answering a
question by Councilmember Smith, stated that a redesign of the project would require redoing
the Negative Declaration.Mayor Cavecche stated that the requested CUP on the second story is
a discretionary matter-and that she could not agree with the findings; and along with the intent of the
rezone, she stated she could not allow the project to go forward. She added that the secondary units
allowed in an R-l zone must conform to the neighborhood it is built in and that the
guidelines in Old Towne do not support
the findings brought
forward.MOTION - Smith
SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to uphold the appeal and deny Conditional Use Permit 0515-07 without
prejudice, and allow the applicant to resubmit a revised plan
without fees.14. PLANNING AND ENVIRONMENT -
None.Pa\!e
CITY COUNCIL MINUTES April 24, 2007
15. ADJOURNMENT - The City Council adjourned at 9:00 p.m.The
next Regular Council Meeting is scheduled for May 8, 2007.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of April 24, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia,
Main Library at 407 E. Chapman; all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of said regular
meeting; and available at the Civic Center City Clerk's Office.Y,'<"-:
1 r(~MA~E.~
URPHY .CITY CLERK .
Pa\!e
19