HomeMy WebLinkAbout10_10_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 24, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 10, 2006
The City Council of the City of Orange, California convened on October 10,2006 at 4:30 p.m. in
a Regnlar Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Reverend Sandy Freud, New Faith Fellowship of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Cub Scout Pack 51 Webelos, St. John's School
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru None.1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
the Orange County Human Relations Commission Annual Report from Board Member
Monsignor John Urel1.Announcements -The
35th Annual
Mayor's Prayer Breakfast will be held October 26th - guest speaker will be Tim Salmon.Open
House at Fire
Stations on Saturday, October 14th in celebration of Fire Prevention Week.2. PUBLIC COMMENTS -
None.
CITY COUNCIL MINUTES October 10, 2006
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 September 14 and 21, 2006.
ACTION:Approved.
3.2 Request approval of City Council Minntes, Regular Meeting September 26, 2006.
C2500.Do4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
304 Project No. 3115; Consultant Services Agreement with Bucknam & Associates for
the Pavement Engineering Services and completion of Citywide Pavement
Condition Survey. (A2100.0 Agr-
4975)SUMMARY: This contract authorizes the Consultant to complete pavement
condition surveys, assessment and verification of existing city roadway parameters, integration
with City's GIS mapping system, and preparation of final pavement
report.ACTION: Awarded contract in the amount of $41,156.00 to Bucknam &
Associates,30131 Town Center Dr, Suite 295, Laguna Niguel, CA 92677, and authorize the
Mayor and City Clerk to execute the agreement on behalf ofthe
City.FISCAL IMPACT: Funds are available in the following
account:262-5011-483300-3115 $
75,
CITY COUNCIL MINUTES October 10, 2006
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.5 Killefer Site Agreement between Orange Unified School District and the City of
Orange. (A2100.0 Agr-
4976)SUMMARY: A site agreement between Orange Unified School District and the City
of Orange to allow the City to operate Killefer Park located at 615 North Lemon Street,
for community recreational
purposes.Discussion - Marie Knight, Community Services Director, provided a staff report, noting
that this agreement will allow for future improvements.
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru ACTION: Approved KiIlefer
site agreement between Orange Unified School District and the City
of Orange; and authorize the Mayor and City Clerk to execute the agreement on behalf of
the City.FISCAL IMP ACT:
Annual operating costs for maintenance and operation of Killefer Park are approximately $
78,295. These costs are accounted for in Fund 100 (General Fund) Community Services
Department annual operating budget.REMOVED AND HEARD
SEPARATELY)3.6 Reciprocal
Easement Agreement between Orange Unified School District and the City of Orange
for vehicle access and parking at 250 South Yorba Street. (A2100.0 Agr-4977)SUMMARY:
An
agreement to establish reciprocal easements between Orange Unified School District (
District) and the City of Orange to allow: 1) District to have vehicular access through
the parking lot at Yorba park to District's newly-constructed parking lot at the
Career Education Center (Parks ide School), which is located at 250 South Yorba Street;
and 2) the City and members of the general public to use District's parking lot on such
days and at such times that the Career Education Center is not open and operating for
school purposes.Discussion -
In response to Council questions, staff reported that the City will maintain its own
property and the School District will maintain theirs. Also, there is a provision for signage
and rules and regulations will be established as needed. With regard to liability. the
City Attorney reported that the School District agrees to indemnify the City when the
District is using city property and vice versa. However, if there were negligence from
either party, the responsible party would be liable.3
CITY COUNCIL MINUTES October 10, 2006
3. CONSENT CALENDAR (Continued)
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru ACTION: 1) Found
and determined, as a responsible agency under the California Environmental Quality Act (
CEQA), that the Reciprocal Easement Agreement is within that class of
projects which consist of the leasing or licensing of existing public facilities involving negligible or
no expansion of an existing use; 2) Found and determined that,pursuant to Section
15301 of the State CEQA Guidelines, the approval of the Reciprocal Easement Agreement will
not cause a significant effect on the environment and is,therefore. categorically exempt
from the provisions of CEQA; and 3) Approved Reciprocal Easement Agreement
between Orange Unified School District and the City of Orange, and authorize
the Mayor and City Clerk to execute the agreement on behalf of the City.FISCAL
IMPACT: Other
than standard administrative costs, there is no fiscal impact associated with approval
of this agreement.REMOVED AND HEARD
SEPARATELY)3.7 FY
06-07 Animal Control Services Contract with the County of Orange. A2100.0 Agr-0135.
S)SUMMARY:
The City of Orange contracts with the County of Orange for animal control
field and shelter services. The term of this annual renewal is July I, 2006 through June
30, 2007. The contract amount is $387,011.Discussion -
Councilmember Smith wanted to ensure there was a provision In the Agreement for
the removal of dead animals.MOTION - Smith
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche,
Dumitru ACTION: Approved the proposed contract
for animal control services between the City of Orange and the County
of Orange in the amount of $387,011 and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.FISCAL IMPACT: There are sufficient
funds budgeted for Fiscal Year 2006-2007 in account number 100-0000-
427100-2350 (Non-departmental - Contractual Services -Animal Control).
4
CITY COUNCIL MINUTES October 10, 2006
3. CONSENT CALENDAR (Continued)
3.8 Professional Service Contract for all City Credit Card Services with Wells Fargo
Bank N.A. (A2100.0 Agr-
4978)SUMMARY: This agreement authorizes the contract for credit card processing
services for all City of Orange departments. This agreement is to remain in effect for a one
year period with an automatic renewal
agreement.ACTION: Approved the agreement with Wells Fargo Bank N.A. and authorized
the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMPACT: All credit card transactions whether at the counter, over the
telephone or over the Internet will be processed through this credit card company. The City'
s current credit card company's annual fees are $60,964. The estimated new City
credit card company fees will be an average of $35,091, which is an approximately 57.
6%savings or $25,872. This calculation is based upon the City's current total annual
credit card transactions of $2.5
million.
BIDS 3.9 Approval of plans and specifications for the electrical and lighting upgrades
to Eisenhower Park (C.I.P. Project No. 0088), and authorization to advertise for
bids.C2500.M.4.
13)SUMMARY: Plans and specifications have been completed for the electrical
and lighting upgrades to Eisenhower Park, which include the replacement of the parking
lot lighting, pathway lighting, and electrical panels. The project is ready to be
advertised.ACTION: Approved plans and specifications and authorized advertising for
electrical and lighting upgrades to Eisenhower
Park.FISCAL IMP ACT: The current unencumbered balance for the Eisenhower Lighting
is:511-7021-4811 05-0088 (Eisenhower
Lighting) $415,385.85 3.
10 CLAIMS (3200.0)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. Wayne Gerson ACTION: Denied Claim(s) for damages and referred to
City
CITY COUNCIL MINUTES October 10, 2006
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.11 RESOLUTION NO. 10122 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange Amending the Master Schedule
of Fees and Charges as Authorized by Orange Municipal Code Chapter 3.10 to delete the
Sewer Connection Fee.
ACTION: Approved.
3.12 RESOLUTION NO. 10126 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Chief
Vince Bonacker of the Orange Fire Department and commending him for more than eight
years of loyal and dedicated service.
ACTION: Approved.
VOTING DESIGNEE
3.13 Designation of Alternate Board Member for the Metro Cities Fire Authority.
OC1300.A)
SUMMARY: The Metro Cities Fire Authority, which the City of Orange is a member,
provides joint fire dispatching services for seven member agencies. The Authority is
governed by a Board of Directors that is comprised of one voting member and alternate
from each member city.
ACTION: Designated the Senior Assistant to the City Manager as the City's alternate
voting board member to the Metro Cities Fire Authority.
FISCAL IMPACT: None.
MOTION - Dumitru SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Items 3.5,
3.6 and 3.7 were removed and heard separately. All other items on the Consent Calendar were
approved as recommended.END OF CONSENT
CALENDAR 6
CITY COUNCIL MINUTES October 10, 2006
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the Park Planning & Development Commission.
OR1800.0.10)
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Moved to appoint
Tom Davidson to the Park Planning & Development Commission.4.2 Consideration
of appointment to the Orange County Vector Control Board.OR1800.0.3.
20)MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru
Moved to appoint Michael Merino to
the Orange County Vector Control District Board.Off-Agenda Item Mayor Murphy asked
the City
Mauger to return with a report on the idea of brining back an annual parade to the City
of Orange.5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS - None.7. ADMINISTRATIVE REPORTS 7.1 Report on
Project No. SP
3562, Approval of plans and specifications and request authorization to advertise for bids for construction
of Metropolitan Drive Reconstruction Project - Lewis Street to The Block Entrance. (
S4000.S.7)SUMMARY: Plans and specifications have been completed for
the Metropolitan Drive Reconstruction Project. The project is ready to be
advertised for bids. The estimated construction cost is $257,420.00 including contingency
and construction engineering.7
CITY COUNCIL MINUTES October 10, 2006
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru Moved to 1)
Approve plans and specifications and authorize advertising for bids for the Metropolitan Drive Reconstruction
improvements; and 2) Appropriate $260,000 from Unallocated 272 Fund (
Gas Tax) to 272-5011-483300-3062 (Metropolitan Drive Reconstruction)
8. REPORTS FROM CITY MANAGER
The City Manager reported on the following:
Three City of Orange Firefighters recently participated in a Stair Climbing Event, climbing
75 stories in full gear; and took Second Place in the event.
There are five new Police Academy graduates for the Orange Police Department
The City Manager provided an update on the Quiet Zone issue, noting that field reviews have
been conducted and the data will be released after all Orange County crossings are evaluated.
That information will determine costs and City responsibility.
The City Manager reported that City Attorney David DeBerry recently published an article
on Boarding Houses and was also appointed to a Legal Advocacy Committee at the State
level. The City Attorney provided a status report on the Boarding House issue and the new
Ordinances that staff is working on.
Council spoke on the Boarding House issue and the need to be more aggressive on this issue,
the need for more Code Enforcement staffing, the need for follow up on violations and the
need for stricter State legislation.
9. LEGAL AFFAIRS - None.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION - The City Council recessed at 5:25 p.m. The Council did
not meet in Closed Session.The City
Council will recess to a Closed Session for the following purposes:a. 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.8
CITY COUNCIL MINUTES October 10, 2006
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS 13.
1 ZONE CHANGE NO. 1237-06, CONDITIONAL USE PERMIT NO. 2578-06,
AND NEGATIVE DECLARATION NO. 1778-06 - SANTIAGO CREEK ORANGE
MOBILE HOME PARK. (Z1500.0
ZCG-1237-06)Time set for public hearing to consider a proposal to expand the Santiago
Creek Orange Mobile Home Park by incorporating the approximate 0.5-acre parcel within
the Park boundaries and improving the 0.5-acre parcel for 6 new manufactured residences.
The project site is located northwest of Santiago Creek, 1,000 feet east of Hart Street, and 1,
000
feet south of Collins Avenue.MAYOR
MURPHY OPENED THE PUBLIC HEARING Bill Cathcart, 134 S. Glassell, representing the Applicant, reported there
will be room for RV parking as well as an additional six guest parking spaces; the
existing trash enclosure will be expanded; and the transition at the
creek
will be well landscaped.Speakers Mr. Allen Schievenin asked about construction hours
and impacts to current residents.Mr. Dick Judd, spoke in opposition to the expansion; asking that the area
be left as a greenbelt.Mr. Cathcart responded that the applicant will provide a final plan
to the current residents and will work with them during the construction phase to minimize impacts.
Also, as part of the conditions, the applicant is required to
provide a water quality plan.Alice Angus, Community Development Director, noted that grading
plans and haul routes will be reviewed by staff; and that
construction hours will be monitored.MAYOR
MURPHY CLOSED THE PUBLIC HEARING Council commented that this will provide six more high
quality affordable residential units for the City; that this is a better use for the property than the current R3 zoning;
and was glad to see the applicant willing to improve the park and work
with the
residents during construction.
Council Action:MOTION -
Murphy SECOND - Smith AYES - Smith, Murphy,
Cavecche, Dumitru Moved to Adopt Negative Declaration No. 1778-06 as adequately
reviewing the environmental impacts of the proposal and as being prepared in compliance with
the California Environmental
Quality
CITY COUNCIL MINUTES October 10, 2006
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 15-06 (FIRST
READING)An Ordinance of the City Council of the City of Orange approving the reclassification
of property located northwest of Santiago Creek, east of Hart Street and south of Collins
Avenue,from R-3 (Multi-Family Residential) to MH (
Mobile Home Residential).
Zone Change 1237-06 Applicant: Santiago Creek
Orange Mobile Home
Park MOTION - Murphy
SECOND - Smith AYES - Smith. Murphy, Cavecche,
Dumitru Moved that Ordinance No. 15-06 be read by title only and same was set for second
reading by the
preceding vote.RESOLUTION
NO. 10124 A Resolution of the City Council of the City of Orange approving Negative
Declaration No.1778-06 and Conditional Use Permit No. 2758-06, approving the expansion
of a mobile home park upon property located northwest of Santiago Creek, east of Hart Street
and
south of Collins Avenue.Applicant: Santiago Creek
Orange Mobile Home
Park.MOTION - Murphy
SECOND - Smith AYES - Smith, Murphy, Cavecche,
Dumitru Moved to approve Resolution No.
10124.13.2 APPEAL NO. 511-06; CONDITIONAL USE PERMIT NO. 2583-06 -
WES AND ROBYN METCALF (CHARO CHICKEN). (A4000.0 APP-
511-06) TAPE 800 Time set for public hearing to consider an appeal of the Planning Commission'
s denial of a Conditional Use Permit to allow on-premise sale of beer and wine (
Type 41 license) for an existing eating establishment, Charo Chicken, located
at 970 North Tustin Street.Note: Project is categorically exempt from the provisions ofCEQA
Guidelines 15301 (
Class
CITY COUNCIL MINUTES October 10, 2006
13. PUBLIC HEARINGS (Continued)
Reason for Appeal: Appellant seeks an on-sale beer/wine CUP for a restaurant, which
was denied based on crime in the area and the number of licenses already issued. No showing
was made that crime was of the type that would be exacerbated by the issuance of a permit for
a restaurant that is not open during the late hours. This is a restaurant without a separate bar.
The decision was arbitrary in that the number of licenses already issued exceeds the
recommended number. There was no showing made that one more license, for a business of this type, would
be
problematic.Discussion - Community Development Director, Alice Angus provided a brief staff report,
indicating that Police statistics show a higher than average crime rate and a high level of beer
and wine licenses in the area, which was the basis for the denial of the CUP by the Planning
Commission.
Councilmember Dumitru noted that there have been a number of closings of restaurants in the
area that had served alcohol, and whether that had affected a drop in crime.
Police Lieutenant Miller stated that the crime statistics in the report were in error, but that this
area still has one of the highest crime rates in the city; and was not sure if the crime rate had
dropped since the closing of other businesses. He reviewed the different types of crime which
are predominantly alcohol related and the number and types of robberies that had recently
occurred in the area.
Councilmember Smith asked how often evaluation was made of the number of licenses in any
gIven area.
Lieutenant Miller indicated that the State Alcohol and Beverage Control Department (ABC) sets
the recommended number of licenses based on census tract information, adding that the current
recommendation is 5; however, this area now has 10, noting that off-sale and on-sale
are dealt
with separately.MAYOR MURPHY OPENED THE
PUBLIC HEARING.Mr. Bradley Patterson, 18101 Von Karman Ave., Irvine, representing the appellant,
stated that the restaurant would not be open during typical high-crime hours. adding there
will be video cameras running constantly; and that the patrons would be consuming the alcohol as
part of their meal. He added that the employees would receive training in overseeing
the consumption of alcohol and that patrons would have to walk up to the counter to order,
allowing the employees to
observe their manner.Lieutenant Miller, responding to a question by Councilmember Smith,
indicated that the condition to require the restaurant to stop selling alcohol one hour before
closing
could
CITY COUNCIL MINUTES October 10, 2006
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche asked about the employee age requirements relating to serving and
selling alcohol.
City Attorney, David DeBerry stated that the Business and Professions Code required employees
to be 18 years old to serve alcohol in food establishments and 21 years of age to bartend.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments - Councilmember Dumitru stated he would be voting to uphold the appeal and
grant the CUP due to the fact that three of the businesses in the area that had sold alcohol have
closed and that this is not the type of business people would frequent to consume large quantities
of alcohol.Councilmember
Smith stated that although she has always upheld the recommendations of the Police
Department concerning liquor licenses. she would be voting in favor of granting the CUP,stating
that she viewed the business as a fast-food restaurant in which customers were in the
establishment for only a short time. She suggested that if approved, the sale of alcohol be
stopped one hour before closing. She stated that this area of town is in a redevelopment area and
support for establishment of businesses was needed.
Mayor pro tem Cavecche stated her support for this type of food establishment, but cited the
number of alcohol-related problematic businesses in this area needing to be under control
before another license is granted~adding that the license would go with the building. She asked
about the possibility of strict conditions on the CUP, such as a time
limit.Mayor Murphy stated that the crime rate is already over the average and adding another
license would exacerbate the issue. He expressed his support for the business, yet stated he could
not support granting the CUP even ifit was for a limited period of time. He indicated if the
current problematic businesses are addressed. he could see this coming back for
approval.City Attorney, David DeBerry stated his awareness that some cities issue Special Use
Permits which have a time expiration; but case law governs that regulations on CUP's cannot expire
on their own term, but rather a good reason and a noticed hearing is required to revoke a
CUP.Council
Action:MOTION - Dumitru
SECOND - Smith AYES -
Smith, Dumitru NOES - Murphy,
Cavecche Moved to uphold
the appeal and approve the Conditional Use Permit.MOTION FAILS 12
CITY COUNCIL MINUTES October 10, 2006
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Cavecche AYES - Murphy,
Cavecche, Dumitru NOES - Smith Moved
to deny the
Appeal without prejudice and waIve fees if the applicant re-files an application at a
later date.14. PLANNING AND
ENVIRONMENT 14.1 APPEAL
NO. 509-06 - RICHARD COLEMAN, CAFE LUCCA RESTAURANT.Continued from AUl!
ust 22. 2006) (A4000.0 APP-509-06) TAPE 2150 SUMMARY:
Consideration of an appeal by Richard Coleman of the Planning Commission's decision
of June 19,2006, upholding their approval of the Design Review Committee No. 4019-05
decision of October 17, 2005. The appellant is requesting to keep fayade modifications made without
benefit of approval to Cafe Lucca Restaurant, a tenant space located in the Masonic Lodge
building at 106 N. Glassell Street within the Old Towne Orange National Registered Historic
District.The
Planning Commission's decision affirmed their decision on DRC No. 4019-05 that the
project as constructed is inconsistent with the Old Towne Design Standards and the Secretary of
the Interior Standards. The fayade constructed included an arched window above the front
entrance, recessed entry doors, an awning, and other exterior changes that were not according to
the approved plan. The appellant requests design approval of the completed work.
Note: Project is categorically exempt from the provisions of CEQA Guidelines 15331
Historical Resource Restoration and Rehabilitation).
Reason for Anneal: Conditions in the field during construction made strict adherence to
approved plan impossible/impractical. All changes that were made comply in all material
respects with Old Towne Design Standards and the Secretary of the Interior Standards for
rehabilitation.
Community Development Director, Alice Angus reviewed the original proposal, what was
approved by the Planning Commission and what was actually constructed.
Council Ouestions - Mayor pro tem Cavecche clarified her understanding that when the applicant'
s original plan was denied, he changed it to conform to the Planning Staffs recornmendations
and received approval from the Planning Commission; however, he built the restaurant
based on the original, unapproved plan, along with an awning and additional lighting not
on either of the plans.13
CITY COUNCIL MINUTES October 10, 2006
14. PLANNING AND ENVIRONMENT (Continued)
In response to Mayor pro tem Cavecche's question regarding whether building inspections had
occurred and whether staff signed off on the project, Mrs. Angus stated that sign offs occurred on
the interior of the project, but not the exterior.
Councilmember Dumitru clarified that at every level of the approval process, the applicant, Mr.
Coleman had been given clear understanding of the project's features that were not acceptable.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Appellant, Richard Coleman 106 N. Glassell apologized to the Council for lacking a full
appreciation of the approval process. He stated the reasons for the changes to the plan - an awning
was needed to address the direct sunlight; his interpretation of the design standards did not
preclude the arched transom~arched transoms and windows exist on other businesses in the area;
the need for lighting for the patrons; and the bank building across the street using tin in its construction.
Councilmember
Dumitru clarified with the applicant that the applicant understood the project approval
did not include the arches, but that he built them anyway. Councilmember Dumitru then
stated that he had a problem with the applicant ignoring the Planning Commission's direction.
This is a great restaurant but the design does not fit in the Old Towne district.Councilmember
Smith explained the purpose of governing bodies is to gnide the appropriate designs
and requirements to allow for projects to fit in an area, especially in an historic district.She
stated that the Planning Commission, on June 19, did not disapprove everything that had been
buiIt, citing the brick wainscoting, the awning, and some of the lighting. She further stated that
the action of not following approved plans would set a precedent if allowed to remain as is;and
allowing buildings not true to historic design can jeopardize the city's status with the National
Historic Register.Mayor
Murphy clarified that a photo submitted by Mr. Coleman as part of his supporting evidence
was in fact not of his building, but a building on East Chapman Avenue.Speakers:
Leason
Pomeroy, 158 N. Glassell, spoke in favor of the project.Jeff
Frankel, Old Towne Preservation Association spoke in opposition to the project.Appellant,
Mr. Coleman stated that he felt that the design standards for historic districts were being
met, and that his intention was to come back to the Planning Department for approval. He stated
he felt there existed a genuine difference in the interpretation of the design standards.Councilmember
Dumitru questioned whether the access to the restaurant was built to meet ADA requirements.
14
CITY COUNCIL MINUTES October 10,2006
14. PLANNING AND ENVIRONMENT (Continued)
Councilmember Smith commented that Mr. Coleman submitted a plan and received approval,
but built something entirely different. She stated her desire to uphold the Planning
Commission's decision.
Mayor pro tem Cavecche stated that approved plans must be adhered to. She stated that the
Council has been accused of being too strict with the Old Towne area, but whether it is a
building in Old Towne or any other area of the City, compliance with the approved plan is
mandatory.
Mayor Murphy interjected that the building of the project seemed to take on the design-
build concept~the approved plan evolved as the work progressed with the applicant hoping that
the changes would receive approval after the
fact.MAYOR MURPHY CLOSED THE PUBLIC
HEARING Council Comments - Councilmember Smith clarified that what has been approved for the project
is spelled out in the conditions of approval found in the Planning Commission Staff Report and
the June 19th Planning Commission minutes; and clarified one of the original conditions,
eliminating the arched window element and providing for a new glass transom in the lower half
of the existing stucco opening~transom to be a minimum of two feet, six inches high and extend
across the front fayade.
In response to comments by Mayor pro tem Cavecche, Community Development Director, Alice
Angus described the work of the design collaborative with regard to this building and indicated
that the goal of the Collaborative was to create some continuity with other buildings on the block
and restore the building to what it may have looked like in the early 1900's. She compared this
building with other restaurants in the Old Towne business district and their special features; and
she explained that the goal was to pay respect to the past and keep the same building lines when
evidence was presented that the building had certain features for a historic period of time. She
also noted that staff stands by the original recommendation that the arch transoms are not
appropriate for the historical building.
Mrs. Angus spoke to the Mayor's question regarding the signage requirement, stating that the
design standards allow for a sign on the fringe portion of the awning~not the angled portion.
She stated that the approved plan called for a flat sign on the building and no awning was
included.
Council discussed the merits of opening the front of the restaurant up similar to Gabbi's
restaurant, if the historic record of this option could be proven; their concern that changes to the
fayade may affect the building's status in the historic district; and concern with the building
inspectors not correcting the progress of the work.
15
CITY COUNCIL MINUTES October 10, 2006
14. PLANNING AND ENVIRONMENT (Continued)
City Attorney, David DeBerry stated that the design standards are subjective. He pointed out
that the staff report specifies which Secretary of the Interior Standards were violated~the last
page indicating two specific standards not followed. He added that both the Planning
Commission and staff believed that the standards were violated.
Councilmember Smith asked about the expiration of the temporary occupancy permit.
Mrs. Angus indicated the temporary 90 days would expire on October 12. She added that Mr.
Coleman posted a cash deposit and since the interior of his building is safe for customers to
occupy, he received the temporary Certificate of Occupancy (CofD). She stated that if he were
to come back with new plans, the business may need to close as the building is brought into
compliance.
Councilmember Dumitru expressed a desire to allow the business to remain open as much as
possible while the construction took place.
Mrs. Angus indicated that to extend the CofD, allowing the business to remain open during
construction, would require safe egress and ingress into and out of the building.
Mayor pro tern Cavecche indicated she did not want to make any architectural changes at this
point; that suggestions could be made and then have this go through the appropriate process.
She expressed sending this project back for design review by the appropriate reviewing body.
Councilmember Dumitru requested to know the exact contact person who would be working
with the applicant on the project.
Councilmember Smith stated she favored upholding what the Planning Commission approved
and seeing the transom restored, which is a very important element to this building.
Mayor Murphy stated he favored the awning design mirroring the awning of the neighboring
building. He stated that with a few exceptions, he wanted the plan to adhere to the Planning
Commission's decisions, but give staff latitude to work through the process with the applicant
within the confines of the standards. He asked for information as to why the doors were moved
back and whether it was an ADA issue.
City Attorney, David DeBerry stated that the Planning Commission seemed to have been in a
quandary over the awning, giving direction to staff to work with the applicant to have it placed at
the same height as the adjacent awnings on the beauty school ifit was approved.
16
CITY COUNCIL MINUTES October 10, 2006
14. PLANNING AND ENVIRONMENT (Continued)
Council Action:
MOTION
SECOND
AYES
Smith Dumitru
Smith, Murphy,
Cavecche, Dumitru Moved to deny
the appeal and uphold the Planning Commission recommendations of June 19,2006, including removal
of the arched window element and installation of the transom window across the entire
frontage, with direction that staff work with the appellant concerning the awning, the awning
signage, and whether or not the front door needs to be set back to comply with the Americans
With Disabilities Act as represented by the applicant. Staff is directed to develop a mutually
acceptable timeline for extension of the temporary occupancy permit to allow time to make
the necessary changes.These items are
to come back to the Council for formal approval at the October 24, 2006 meeting.The Council
also
asked that staff provide the name of the staff contact who will be working with this business through
this process.Mayor pro tem
Cavecche requested that a letter be developed that all applicants sign agreeing that approved plans
can not be changed.15. ADJOURNMENT - The
City Council adjourned at 9:45 p.m.The next Regular Council
meeting is scheduled for October 24, 2006.Declaration of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October
10, 2006 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; and available at the Civic
Center City Clerk's Office.L~MA-R . MURPHY..
CITY
CLERK fh{ ~
Rt !!--jf
MAYOR 17