HomeMy WebLinkAbout10_24_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 12,2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 24, 2006
The City Council of the City of Orange, California convened on October 24,2006 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 Reverend Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City of Orange Fire Post 547
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition to
City of Orange Fire Post 547 for their participation in the Orange County Exploring Games.
Presentation of
Joint Proclamation honoring "The Year of the Library, 2007" by Mayor Mark A.
Murphy, Chapman University President James L. Doti, and Santiago Canyon College President
Juan Vazquez.Presentation of
Proclamation honoring National Community Planning Month.Presentation of
Employee Service Awards.Mayor Murphy
introduced Heidi Larkin-Reed, new Chamber of Commerce President/
CEO.Announcements:
Santa
Fe Depot Specific Plan Workshop - October 25,2006.Mayor's
Prayer Breakfast - October 26,2006 at 7:30 a.m.Treats in the
Streets ~ October 26, 2006.Veterans' Day Tribute -
November II, 2006.2. PUBLIC COMMENTS - Mike
Alvarez, Address on File, spoke on a recent newspaper article alleging a code enforcement
violation.PAGE 1
CITY COUNCIL MINUTES October 24, 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 28, 2006 and
October 5, 2006.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of October 10, 2006.
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 September 30, 2006.
C2500,F)
ACTION:Approved.
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.5 First Amendment to Agreement No. 4863 with The Arroyo Group, to prepare the
Environmental Impact Report (EIR) for the updated Santa Fe Depot Specific Plan.
A2100.0 Agr-4863.
1)SUMMARY: The City is currently in the process of preparing an update to the Santa
Fe Depot Specific Plan with consultant services provided by The Arroyo Group. At the
time the contract was awarded to the consultant, the grant funding associated with
preparation of the EIR for the project had not been released to the City. Therefore, the
consultant contract was broken into two phases, with Phase I covering the cost of Plan
development,and Phase 2 the EIR. The City has received authorization from the funding source
to proceed with the award of contract for Phase
2.
CITY COUNCIL MINUTES October 24, 2006
3. CONSENT CALENDAR (Continued)
Discussion - Councilmember Smith asked how the Orange County Transportation Agency (
OCTA) plan and the Chapman University Specific Plan would be affected by this
Santa Fe Depot Specific Plan. She also asked how this would fit into the General Plan
update for that area.Community
Development Director, Alice Angus responded that the Chapman University Specific
Plan sites have been excluded from the boundaries of this EIR and that OCTA's document
on the expansion of the train station will be considered along with this ErR to ensure
that the land use plans work together. She stated that the General Plan and the Specific
Plan dovetail one another; adding that the Specific Plan deals with issues such as design,
mixed use and interconnection with the depot area; and fills in the details between the
General Plan which serves as a broad brush document and the zoning designation minutia.
MOTION -
Smith SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru ACTION: Approved the agreement
with The Arroyo Group, as the consulting team, to prepare the EIR for
the Santa Fe Depot Specific Plan Update in the amount of $128,350;and authorized the Mayor
and City Clerk to execute all necessary documents on behalf of the City.FISCAL IMP
ACT: The
funding for preparation of the EIR comes to the City from the Reduce Orange County Congestion (
ROCe) Grant Program. This program, which was originally to be administered
by the Orange County Council of Governments, is now being administered by Caltrans.
The Fund Transfer Agreement originally executed by the City and Caltrans
for the grant funds used for Phase One of the project has been amended to allow for
the City to also receive the ROCC funds. These additional funds will be available in
the following account:100-6011-426700-9799
Caltrans Grant $128,350 3.
6 Extension of Agreement (Bid No. 045-13) with Bell Building Maintenance Company
for custodial services on a month-to-month basis. (A2100.0
Agr-4589.2)SUMMARY: The City entered into an Agreement with Bell
Building Maintenance in Fiscal Year 2004-2005 for custodial services for all City
buildings. The agreement was extended for one year in Fiscal Year 2005-2006. Staff
is currently developing a Request for Proposal for custodial services and anticipates
releasing it during November. Bell Building Maintenance has agreed to continue providing
the services on a month-to-month basis until
such time
CITY COUNCIL MINUTES October 24, 2006
3. CONSENT CALENDAR (Continued)
ACTION: Approved extension of Agreement (Bid No. 045-13) with Bell
Building Maintenance Company for custodial services on a month-to-month basis,
in the amount of $31,101 per month, and authorized the Mayor and City Clerk to execute
on
City's behalf.FISCAL IMPACT: The monthly cost of $31,101 represents an increase of $
1,385 per month, which includes a cost-of-living adjustment
of approximately 3% and minor changes to the scope of services. Sufficient funds are
budgeted and
available in the following account:100-
5028-424202 Janitorial Services $447,800.00 3.7 Second Amendment to Lease by
and among Sam Franciosa, Trustee of Sam Franciosa and Susan Franciosa Family Trust,
the City of Orange and the Orange Redevelopment Agency for 216 E. Chapman
Avenue. (A2100.0 Agr-I773.0.D.2)See
related Redevelopment Agency Minutes Item No. 3.3)SUMMARY: Approval of Second
Amendment to lease by and among Sam Franciosa,Trustee of Sam Franciosa and Susan Franciosa
Family Trust, the City of Orange and the
Orange Redevelopment Agency for 216 E. Chapman Avenue.ACTION: Approved the Second
Amendment to Lease by and among Sam Franciosa,Trustee of Sam Franciosa and Susan Franciosa
Family Trust, the City of Orange and the Orange Redevelopment Agency; and authorized
the Mayor and City Clerk to execute
all necessary documents on behalf of the City.FISCAL IMPACT: There will be no fiscal impact
to the City of Orange. The City is liable on the Lease only if the Agency
should default in its obligations to Sam Franciosa,Trustee of Sam
Franciosa and Susan Franciosa Family Trust. However, California National Bank subleased the premises
from the Agency, and assumed all of the obligations ofthe
Agency and the City to
the Franciosa Trust.3.8 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. Eun Ji Lee ACTION: Denied Claim(s) for
damages and
CITY COUNCIL MINUTES October 24, 2006
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Final acceptance of Bid No. 056-42; SP-3558; Grijalva Park Extension
Landfill Cap Project and authorization to file Notice of Completion with the
County Recorder No staff report reauired). (A2100.
0 Agr-4903)SUMMARY: Grijalva Park Extension Landfill Cap Project. The contractor
on said job was Southern
California Grading, Inc.ACTION: Accepted completion of work and improvements, and
authorized release of retention funds, and authorized the Mayor and City Clerk to execute
the
Notice of Completion.
FISCAL
IMPACT: None.RESOLUTIONS 3.10 RESOLUTION NO. 10125 (C2500.
M.16.1)A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 2006-05 combining lots at 1031 and 1037 W. Chapman Avenue
in the City of Orange, County of
Orange, State of California.Owners: IDC West, LLC, Valentine Realty and
The Orange
Redevelopment Agency.ACTION: Approved.3.11 RESOLUTION NO. 10128 (
C2500.M.16.1)A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL 2006-04 adjusting lot lines of certain real properties
situated at 2731 & 2717 N.Fernside Street in the City of Orange, County
of Orange, State of California.Owner:
Charles F. &
Stacy D. Gober.
ACTION: Approved.MOTION -
Cavecche SECOND - Dumitru AYES - Smith, Murphy,
Cavecche, Dumitru Item 3.5 was removed and heard separately. All other items on the
Consent Calendar were approved
as recommended.END OF
CONSENT CALENDAR
CITY COUNCIL MINUTES October 24, 2006
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS
7.1 Report
from Police Chief - 2005-06 Urban Area Security Initiative (UASI) Grant-Anaheim Urban Area
allocation for Police facility bollard protection system. (C2500.K)SUMMARY: The Anaheim
Urban Area UASI has authorized a reimbursement grant award to the City of
Orange for infrastructure protection improvements to the Police Headquarters facility.The City of
Orange entered into an agreement (No. 4858) with the City of Anaheim on February 17,2006, which
allows for the transfer ofUASI funds for the purchase of equipment or services.The allocation of
funds provided through the grant will be used to purchase a bollard protection system that will
be installed along the Batavia Street side of the Police Headquarters. The bollards will protect
the west side of the building, as well as several vital utilities that are exposed to vehicular
traffic.A kinetic energy
rated and certified bollard protection system has been identified. The patented bollard protection system
is sold through Ideal Shield, a sole source vendor. The K-Rated bollard system
will total $112,520 for a series of35 bollards, stretched 142 feet along the inside edge of
the sidewalk, on the Batavia Street side of the building.Concurrently, Public
Works is preparing the construction (installation) portion of the bid (S.P.3576). The
installation cost will be available on October 24th at the close of the bidding process.The installation
costs will also be covered through the Anaheim Urban Area UASI funding.MOTION - Murphy
SECOND - Cavecche A
YES - Smith, Murphy,
Cavecche, Dumitru Moved to approve the infrastructure
protection improvement project for the Police Headquarters in an amount not toexceed $112,520 for the purchase of the K-Rated shallow mount bollard protection system from Ideal
Shield as a sole source vendor; and appropriate $112,520 from the unreserved General Fund balance
to Account 100-4081-481200-2317 Homeland Security-Building
and Improvements-05-06
UASI.FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant award
in the amount of $112,520 through the UASI grant funds, there will be no fiscal impact to
the General Fund. After appropriation, funds will be available as
follows:100-4081-481200-2317 Homeland
Security-Building
CITY COUNCIL MINUTES October 24, 2006
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from City Attorney - Cafe Lucca. (A4000.0 APP-509-
06)SUMMARY: Resolution No. 10131 documents the City Council action of October 10,
2006,denying Cafe Lucca's appeal. Staff is continuing to work with the applicant to come up with
a mutually acceptable schedule for making the modifications per the City Council's
action.RESOLUTION NO.
10131 A Resolution of the City Council of the City of Orange Denying Appeal No. 509-06
n
Cafe Lucca.Applicant: Richard Coleman - Cafe
Lucca Discussion ~ City Attorney, David DeBerry, responding to a question from
Councilmember Smith, stated that at the November 14, 2006 Council meeting, if a timeline has not yet
been reached, Council can provide further
direction.Responding to questions from Councilmember Dumitru, Community Development
Director,Alice Angus stated that staff has met with Mr. Coleman who may need more time to get
a timeframe from his contractor for improvements; and that if the contractor were to pull
the permits, he would have to possess a state contractor's
license.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche NOES - Dumitru
Moved to approve
Resolution No. 10131 and direct staff to come back to the meeting on November 14,2006
with a timeline consistent with the findings in Resolution No. 10131.7.3 Report
from Community Services Director - Naming of the 10.5-acre public sports park to be
constructed as part of the North Orange Del Rio Land, LLC located west of Glassell Street, north
of Lincoln Avenue, and south of Santa Ana River Channel.C2500.M.4.
23)SUMMARY: The City
Council has received a request and will consider naming the 10.5-acre public sports
park to be constructed as part of the North Orange Del Rio Land, LLC "Steve Ambriz Memorial
Park".Discussion - The
Council thanked Mr. Frank Elfend for bringing this idea forward; agreed that this was a
fitting tribute to former Councilmember Steve Ambriz; thanked his wife, Bridget, for her presence and
for sharing her family with the community; and agreed that Steve would be very proud of
his family and of this park.PAGE 7
CITY COUNCIL MINUTES October 24, 2006
7. ADMINISTRATIVE REPORTS (Continued)
Note: The Council requested that the record show that all members of the Council made
and seconded the motion for this item.
MOTION - Smith, Murphy, Cavecche, Dumitru SECOND -
Smith, Murphy, Cavecche, Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru Moved to approve
the name "Steve Ambriz Memorial Park" for the 1O.5-acre public sports park to be
constructed as part of the North Orange Del Rio Land, LLC.8. REPORTS
FROM CITY MANAGER - None.9. LEGAL AFFAIRS
9.1 ORDINANCE
NO. 15-06 (SECOND READING) (ZI500.0 ZCG-I237-06)
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 -
SECOND -
AYES
Smith
Dumitru Smith, Murphy, Cavecche,
Dumitru Moved that Ordinance No. 15-06 be read by title only and same was approved and
adopted by the
preceding vote.9.2 ORDINANCE NO. 16-06 (FIRST READING) (
A2500.0 Ord-16-06)An Ordinance of the City Council of the Cityof Orange Amending Chapter
8.37 of the Orange Municipal Code Relating to Removal of Graffiti from
Private Structures on Public Property.Note: Utility companies are to be notified of the Ordinance prior to
the
second reading of
the Ordinance.MOTION -
Cavecche SECOND - Smith AYES - Smith, Murphy,
Cavecche, Dumitru Moved that Ordinance No. 16-06 be read by title only and same was set for
second reading by
the preceding
CITY COUNCIL MINUTES October 24, 2006
9. LEGAL AFFAIRS (Continued)
9.3 RESOLUTION NO. 10127 (C2500.N.4)
A Resolution of the City Council of the City of Orange establishing a reward for information
which leads to the apprehension and conviction of any person for graffiti.
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10127 and appropriate $3,000 from the General Fund balance.10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council
recessed at 5:45 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 --Existing and Anticipated Litigation
Existing Case.- City of
Orange v. Jeff Hambarian Orange County Superior Court No.
807419 NOTE: The Council did not
discuss this.Anticipated Litigation -- One case.b.
Conference with Labor Negotiators pursuant
to Government Code Section 54957.6 City's designated representatives -. Steven Pham
and Mike Harary Employee Organization -- All groups c. To consider
and take possible action upon
such other matters as are orally announced by the City Attorney, City Manager, or City Council
prior to such recess unless the motion to recess indicates any of the matters will
not be considered in Closed Session.PAGE Q
CITY COUNCIL MINUTES October 24, 2006
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS - None 14. PLANNING
AND ENVIRONMENT 14.1
An appeal of the City Traffic Commission action approving the installation of 20 feet of
red curb in front of 1291 N. Linda Vista Street. (A4000.0)SUMMARY: The
appellant is opposed to the red curb in front of his neighbor's home since he needs this
area for tenant and guest parking.Speakers:Larry
Rothman,
Attorney for the Appellant.Maxwell Lawrence,
Appellant.Bryan Cantley,
Applicant.Marvin Mayer,
spoke in opposition to the appeal.Tiffany Mansouri,
spoke in opposition to the appeal.Theodore Shapen,
spoke in favor of the appeal.Council discussed
the fact that the requested red curb is entirely in front of the applicant's house.MOTION - Smith
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Dumitru Moved to deny the appeal
and uphold the recommendation of the City Traffic Commission.14.2 An appeal of
the City Traffic Commission action denying the installation of 18 feet of red curb between the
driveway serving 2775 and 2765 N. Ashwood Street. (A4000.0)SUMMARY: The appellant opposes the
City Traffic Commission action denying his request.He feels that he would
have better sight distance and easier access to his property if the subject area were painted red.Speakers:
Mr. Don Lambert, representing
the
Appellant, noted that the curb cut is larger at the 2765 address, and parked cars between
the two houses get in the way of ingress and egress.PAGE in
CITY COUNCIL MINUTES October 24, 2006
14. PLANNING AND ENVIRONMENT (Continued)
Council discussed the fact that a problem can exist because the curb cut at the 2765 address is
wider than others in the neighborhood; and approval of this red curb would not set a precedent.
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Moved to approve
the appeal, due to special circumstances at this location in that the size of the curb cut is
unique to the neighborhood.14.3 An
appeal of the City Traffic Commission action denying the Korean Baptist Church's request
for installation of Church Only parking spaces on Sycamore Avenue and Olive Street, or
inclusion in the Neighborhood Parking Permit Program. (A4000.0)SUMMARY: The Korean
Baptist Church has no off-street parking and their members are competing with
Chapman University students for the only unrestricted curbside parking in the area. The
church is asking for some relief for members attending various church functions during the
week and are unable to find parking within a reasonable distance to the church.Discussion - Traffic
Engineer, Tom Mahood provided the staff report stating that Chapman University has agreed
to issue seven parking placards to the church for $25.00 each per year to provide additional parking
for the church in the parking structure.City Attorney, David
DeBerry stated that the Orange Redevelopment Agency and Chapman University have an
agreement allowing public use of half of the 700 parking spaces in the Chapman University parking
structure through the year 2014.Speakers:Hee Chung
Park,
representing the Korean Baptist Church.Moon Jung Kim,
spoke in favor of the appeal.Byung Min, spoke
on parking problems in the area of the church.Councilmember Dumitru stated
that one of the neighborhood parking program's purposes is to mitigate the parking
intrusion into residential areas by commercial and institutional entities. He added that the
parking structure usually has adequate parking.Councilmember Smith pointed
out that the neighborhood permit program does not guarantee specific parking spaces
on the street. She suggested the church could look for ways to use their own property to
add parking; and noted that the parking garage is available 24 hours a day and also provides handicap
spaces.PAGE 11
CITY COUNCIL MINUTES October 24, 2006
14. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tern Cavecche suggested that if the parking structure was completely filled with
students, and the public was not able to park in there, then there needs to be a discussion with the
University. She also suggested if the appeal were denied, that it be denied without prejudice, to
give the church and Chapman University an opportunity to work out an arrangement and then
review the situation in the future.
Mayor Murphy agreed to deny the appeal without prejudice; and stated that Chapman's plan to
make the parking spaces available to the church, along with his ohservation that the parking
structure is never full, would provide sufficient parking for the church; and asked staff to assist
the church with this solution.
City Manager, John Sibley identified Economic Development Department Director Jim Reichert
and Senior Project Manager, Lisa Kim as the staff members who will work with the Church and
Chapman University.
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Moved to deny
the appeal without prejudice; and directed staff to work with the Church and Chapman University on
a parking arrangement, and review the parking situation at a later date.15. ADJOURNMENT The
City Council
adjourned at 7:55 p.m. to an Adjourned Regular Meeting on Tuesday,November 7, 2006
at 9:00 a.m. in the Council Chambers to consider a Resolution of Intent to form a
Community Facilities District for the North Orange Del Rio, LLC.The next Regular
Council meeting is scheduled for November 14, 2006.Declaration of City
Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October
24, 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.Ct<<~~MA . RPHY
CITY
CLERK PAGE
12