HomeMy WebLinkAbout11_14_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 28, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 14,2006
The City Council of the City of Orange, California convened on November 14,2006 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 Ms. Irma Hernandez, Senior Assistant to City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange Acres Backbreakers 4"H Club.
1.3 ROLL CALL
PRESENT "
ABSENT "
Smith, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation honoring the Cut-Loose Quilters of Orange
during Children's Book Week, November 13"19,2006, to Jamie Fingal, celebrating the group'
s donation of a unique fiber art quilt, 'Adventures Start Here!' for the expanded new
Main Library's Children's
Room.2. PUBLIC
COMMENTS"Mary Dargatz, Address on File, spoke on neighborhood traffic issues and problems
with the ROP facility on
Yorba.Rick Cryder, Address on File, spoke on political sign
issues.The City Attorney confirmed that the City's Ordinance does require political signs to
be removed within 10 days after an
election.PA~F
CITY COUNCIL MINUTES November 14,2006
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 October 12, and 19, 2006.
C2S00.D.4)
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, October 24, 2006; and
Adjourned Regular Meeting November 7, 2006.
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Revised Master Agreement, (Administering Agency - State Agreement), Agreement No.
12-S073R between the City of Orange and the State of California for Federal-
Aid Projects, through the California Department of Transportation (Caltrans).
A2100.0 Agr-0343.
B)SUMMARY: A Master Agreement is a requirement for receiving federal funds for
local agency projects. This Revised Master Agreement incorporates the various changes
in regulations and
policies.NOTE: Staff submitted Resolution No. 10143, authorizing execution of the
Revised Master
Agreement.RESOLUTION NO.
10143 A Resolution of the City Council of the City of Orange approving the terms
and provisions of, and authorizing the City Manager or the Director of Public Works
to execute any and all program supplement agreements for Federal-Aid projects
under the administering agency - State Agreement for Federal-Aid projects by and
between the City of Orange and the State of California acting by and through its
Department
of Transportation.
ACTION:
CITY COUNCIL MINUTES November 14, 2006
3. CONSENT CALENDAR (Continued)
3.5 Amendment Number 2 to Consultant Services Agreement No. 4738 with Joseph C.
Truxaw and Associates for additional Engineering Design Services for Project No.
SP-3233, Cannon Street Realignment and Widening. (A2100.0 Agr-
4738.2)SUMMARY: Amendment Number 2 will increase the scope of work to be
completed by Joseph C. Truxaw and Associates, Inc., to include the preparation of
additional survey,legal descriptions, parking lot design for Linda Vista Elementary
School, geotechnical services, and design for a retaining wall for the realignment and widening
of
Cannon Street.ACTION: Approved Amendment Number 2 to the existing Joseph C.
Truxaw and Associates, Inc., Consultant Services Agreement and increase the contract
amount by 22,550.00 and authorized the Mayor and City Clerk to execute the
Amendment on behalf of
the City.FISCAL IMPACT: Funds are budgeted and available in the
following account:550-5011-483300-3427 Cannon
Street
Realignment $3,587,268 APPROPRIATIONS 3.6 The appropriation of bond proceeds
from the Joint Community Facilities Agreement (JCFA) with the Orange Unified
School District (OUSD). These bond proceeds were designated for Fred Barrera
Park, the Grijalva Gymnasium/Sports Center and other
City facilities. (A2100.0 Agr-4754)SUMMARY: In September of 2005,
the City Council approved Resolution 10014 authorizing the establishment of a JCFA with
OUSD and Serrano Heights East, LLC,covering the area known as Serrano 9B (
Tremont 2005-1). The City received bond proceeds in the amount of$1,9l6,787 as
a result, which must now be appropriated.ACTION: Appropriated $1,916,787 from
the
JCFA
bond
proceeds
to the following
accounts:594-
5017-485100-0099
594-7021-481200-1601
594-5017-485100-
0000 Fred Barrera
Park Grijalva Gymnasium Other City Facilities 1,370,239.00 350,000.00
196,548.
00
CITY COUNCIL MINUTES November 14,2006
3. CONSENT CALENDAR (Continued)
BIDS
3.7 Bid No. 067-20; SP-3580: Civic Center Re-Roofing. Approval
of specifications and authorization to advertise for bids. (
P2500.0.5)SUMMARY: Specifications have been completed for the
Civic Center Re-Roofing Project. The Project is ready to be advertised. Construction
cost is
estimated at 251,500.ACTION: Approved specifications and authorized advertising for
bids for the
Civic Center Re-Roofing Project.FISCAL IMPACT: Funds are budgeted in the
Capital Improvement Program and are
available in the following accounts:725-5028-424101-
9805 Civic Center Re-Roofing $155,000 (FY
06-07)725-5028-424101-9805 Civic Center Re-Roofing $ 85,000 (FY 07-08)
Once the bids are opened and actual bids are known, staff will
make recommendations on the award
based on available funding including any requests for further appropriations.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. Michelle Belvedere b. Fletcher Davidson c.
Rosie
Davidson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS 3.9 Award of Contract - Bid No. 067-
19; Project No. SP-3535, Arterial Highway Rehabilitation Program (AHRP) Project - Bond
Avenue Rehabilitation from
Prospect Street to 400 feet easterly of Little Lane (County/City Boundary).A2100.0
Agr-4984)SUMMARY: The bids were opened on October 19, 2006. Five (5) bidders responded to
the invitationfor bids. The apparent low bidder is R.
J. Noble Company
CITY COUNCIL MINUTES November 14,2006
3. CONSENT CALENDAR (Continued)
ACTION: I) Appropriated $98,000.00 from the unreserved fund balance of the 340
funds to 340-5011-483300-3045 for the rehabilitation of Bond Avenue;
and 2) Awarded a contract in the amount of $394,796.25 to R.J. Noble Company
and authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: Funds are budgeted and will be available upon
appropriation in
the
following
accounts:
272-5011-483300-3045
340-5011-483300-3045
550-5011-483300-
3045 Gas
Tax Bond
Avenue TCRF
Bond
A venue AHRP Bond Avenue 194,000 98,000 142,254 FACILITIES 3.10 Request
early closure of the Orange Public
Library facilities to the public on Wednesday, November 22, 2006. (C2500.I)SUMMARY: Early closure
of the Taft and El Modena Branch Libraries (6:00 p.m.rather than 9:00 p.m.)
is requested
due to lack of anticipated public use the night before Thanksgiving Day.ACTION: Approved
the closure of the Orange Public Library facilities
to the public at 6:00 p.m. Wednesday, November 22,2006.FISCAL IMP ACT:
None. Staff work hours will be shifted on November 22 to begin earlier in the day, (8:00 a.m. or 9:
00 a.
m.)
rather than at 12 noon for those who normally work evenings.GRANTS 3.
11 2006 Urban Area Security Initiative (UASI) Grant - Anaheim Urban Area
allocations for weapons of mass destruction (WMD) training. (A2100.0 Agr-
4985)SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant award in the
amount not-to-exceed $58,548. There is not a cash match requirement. The goal
of the Anaheim Urban Area UASI is to ensure that training
programs are delivered to accomplish core competencies and awareness levels among all first
responders regarding terrorism and WMD events by September 2007. The City of
Orange Police and Fire Departments have been authorized reimbursement amounts of $
35,427 and 23,121 respectively for Office of Domestic Preparedness (ODP) authorized WMD
training. Funds provided through the grant will be used
tocover backfill
CITY COUNCIL MINUTES November 14, 2006
3. CONSENT CALENDAR (Continued)
ACTION: 1) Approved the Agreement between the City of Orange and the City of
Anaheim in an amount not to exceed $58,548 and authorize the Mayor and the City Clerk
to execute the agreement on behalf of the City; 2) Appropriated $58,548 from the
General Fund as follows: $35,427 (100-4081-429400-
2311 Police-Homeland Security-Local Training) and $23,121 (
100-3023-429400-2311 Fire Training-Local Training;and 3) Amended the FY 2006-07 Revenue
Budget in the General Fund in the amount of 58,548 to reflect
the receipt of the amount of the UASI Grant.FISCAL IMP ACT: Because the
City of Orange was approved for a reimbursable grant award in the amount of $58,548 through
the UASI Grant funds, there will be no fiscal impact to the General
Fund. After appropriation, funds willbe
available as follows:100-4081-429400-
2311
Police-Homeland Security-Local Training $35,427 100-3023-429400-2311 Fire-Fire
Training-Local Training $23,121 REPORTS
3.12 Report regarding the annual review of Development Agreement No. 4791 Santiago
Hills WEast Orange. (A2100.0 Agr-4791)SUMMARY: Section 9 (a) of the adopted Santiago Hills
II/East Orange Development Agreement (DA) requires an annual review of the DA on
or before the effective date to determine the prima facie compliance
of Owner with the terms of the DA. The Community Development Director carries out
the review and once completed, the Director submits a report to
the City Council setting forth the determination of the Director as to
demonstrating compliance with the terms of the DA.ACTION: Accepted the annual report
for the East Orange Development Agreement and concur with the Community Development
Director's
review that the
owner
is in compliance with the terms and conditions
of the Santiago Hills WEast Orange Development Agreement.FISCAL IMPACT: None.RESOLUTIONS 3.13 RESOLUTION NO.
10108 (S4000.S.4)A Resolution of the City Council of the City
of Orange Summarily Vacating a Portion of Chapman A venue
Near the
University of
CITY COUNCIL MINUTES November 14,2006
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10132 (S4000.0)
A Resolution of the City Council of the City of Orange designating certain portions of
Hewes Street within the City of Orange as a County of Orange Highway for the purpose
of construction improvements.
County Unincorporated Area: Walnut Avenue to Spring Street.
ACTION: Approved.
3.15 RESOLUTION NO. 10134 (C2500.J.4)
A Resolution of the City Council of the City of Orange Regarding the 2006 Christmas
Holiday Closure.
ACTION: Approved.
TRACT MAP
3.16 Tract Map No. 16787 - Request for approval. (T4000.0)SUMMARY:
Tract Map No. 16787 creates a single lot, l8-unit condominium project
with a private road.
ACTION: Approved Final Tract Map No. 16787 and accepted dedication of the
easements for the right of access as shown on the Tract Map.
FISCAL IMPACT: None.
MOTION - Dumitru SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR PACiF7
CITY COUNCIL MINUTES November 14, 2006
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the City of Orange Planning Commission.
C2500.G.2.5.1)
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru Moved to appoint
Fred Whitaker to the City of Orange Planning Commission, term to expire June 30, 2008.
5. REPORTS FROM
COUNCILMEMBERS - None.6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None.7.ADMINISTRATIVE REPORTS TAPE660
7.1 Report from Community
Development Director - Timeline for Cafe Lucca, 106 N.Glassell Street, to make modifications per
the City Council's action pursuant to Resolution No. 10131. (Continued from October 24,
2006) (A4000.0 APP-509-06)SUMMARY: On October 10,
2006 the City Council heard the appeal by Mr. Richard Coleman regarding the Design Review
for his Cafe Lucca restaurant. The public hearing on the appeal was closed and the
City Council took action to deny the appeal and then on October 24, 2006,adopted Resolution No. 10131
documenting that action. The City Council also directed City staff to work with
the applicant to propose a timeline for getting the modifications completed.Discussion - Councilmember Smith asked
how the construction completion extension affects the Temporary Certificate of Occupancy (TCofD);
and expressed her concern that the construction would block the sidewalk in
front of the business and be an eyesore during the holiday season.She suggested the construction could
begin after Christmas and still be done by the end of January.Director of Community Development,
Alice
Angus stated that as long as the applicant meets the benchmarks set out by staff,
the TCofD is extended to the end of January; adding that if the benchmarks are not met, there
exists the potential for the forfeiture of a deposit and the revoking of the TCofD. She confirmed
that the construction will begin after the holiday season.Councilmember Dumitru asked about the
incentives for the applicant to stick to the timeline; and his apparent reluctance to move
the doors forward according to the original plans.PAGF R
CITY COUNCIL MINUTES November 14, 2006
7. ADMINISTRATIVE REPORTS (Continued)
Mrs. Angus stated that the main incentive is the revocation of the TCofD if the applicant does
not meet the milestones or the final deadline. She added that staff has reviewed the storefront
access for ADA compliance and determined that the applicant will need to move the doors
forward which should be part of the bid being submitted on November 22, according to the
timeline.
MOTION - Smith SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru Moved to approve
staffs recommended Timeline and Conditions for Modifications as follows:Appellant to provide
staff a copy of bid for modification work by November 22, 2006.Appellant to provide
staff a copy of order for transom windows by November 30, 2006.Appellant to obtain
an Encroachment Permit by January 11,2007 for any safety canopy needed to protect the
public and restaurant customers during work over the fa9ade; and Final inspection and
completion of modification work by January 31, 2007.7.2 Report
from Community Services Director - Appropriation for the Federal Environmental Protection Agency (EPA)
Brownfields Cleanup Grant. (C2500.M.4.20)SUMMARY: The City has
been awarded $200,000 in federal funding from the EPA under the Brownfields Economic Redevelopment Initiative
for the 'capping of the landfill at Grijalva Park at Santiago Creek.Discussion -
Councilmember Smith asked
whether the debris had been recycled.Assistant City Engineer, Roger Hohnbaum
stated that the debris was buried in place-a cap was placed on top of
the landfill so water cannot percolate in and leach out harmful materials. He added that a rock
barrier was put in place at the creek to protect from erosion which required some displaced debris to
be hauled off.MOTION - Cavecche SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru Moved
to appropriate funds for the Brownfields
Cleanup Grant as follows:550-7021-481200-1606 Gymnasium/Sports Center
200,000 PAGF q
CITY COUNCIL MINUTES November 14, 2006
8. REPORTS FROM CITY MANAGER
8.1 Year End Budget Report for the period of July 1, 2005 through June 30, 2006.
C2500.E.4) TAPE 916
SUMMARY: Each fall, following the close of the City's books, staff compiles a report to
inform the City Council and the residents of Orange of the results of the City's financial
operations for the prior fiscal year.
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Moved to Receive
and file.9. LEGAL AFFAIRS
9.1 ORDINANCE
NO. 16-06 (SECOND READING) (A2500.0 Ord-16-06)
An Ordinance of the City Council of the City of Orange Amending Chapter 8.37 of the Orange
Municipal Code Relating to Removal of Graffiti from Private Structures on Public Property.
NOTE: At the request of utility companies, staff recommended this item be continued to January
23,2007.
Council noted that a continuance of this item does not diminish efforts, but will allow the City to
work with other agencies in addressing the issue.
MOTION - Smith SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru Moved to continue
to January 23, 2007.10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council
recessed at 5:20 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counse\- Anticipated Litigation Significant exposure to litigation
pursuant to Government Code Section 54956.9(b)1) Two matters.PAGF10
CITY COUNCIL MINUTES November 14,2006
11. RECESS TO CLOSED SESSION (Continued)
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):1)
City v. Jeffrey Hambarian, O. C. Superior Court Case No. 807419.c.
Conference with real property negotiators pursuant to Government Code Section 54956.
8.Property:
206 South Center Street City
Negotiators: John Sibley and Rick Otto Under
Negotiation: Decision to list, price and terms.d.
To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
PUBLIC COMMENTS Laura
Smith, Address on File, spoke on Spanish-only signs in the community.
13. PUBLIC HEARINGS -13.
1 APPEAL NO. 0512-06 - CONDITIONAL USE PERMIT 2593-06 - TROPI JUGOS,INC. (
A4000.0 APP-0512-
06)Time set for public hearing to consider an appeal of the Planning Commission's decision to
deny Conditional Use Permit 2593-06 for the existing Tropi Jugos Mexican restaurant, located
at 4509 East Chapman Avenue. The Conditional Use Permit proposal is to allow an
Alcohol Beverage Control License Type 41 (On-sale Beer and Wine for a Bona Fide
Public
Eating Establishment)license.NOTE: Crime statistics from the County of Orange were not available at the
time
of the hearing.Discussion - Council determined that without the crime statistics, a reasonable
decision could not
be reached.MOTION -
Murphy SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru Moved
to continue to November 28,2006, at 7:00 p.m.PAGF
11
CITY COUNCIL MINUTES November 14, 2006
13. PUBLIC HEARINGS (Continued)
13.2 ORDINANCE AMENDMENT - RELATING TO USES FOR WHICH PERMITS WILL
BE ISSUED. (A2500.0 Ord-14-06
Zoning)Time set for public hearing to consider an Ordinance amending Chapter 17.02 of the
Orange Municipal Code relating to uses for which permits will be
issued.Ordinance No. 14-06 proposes to modify the zoning code to require all land uses and
all permits and entitlements issued by the City for land uses to be consistent with federal, state
and local laws. The proposed modification would effectively eliminate any requests for land
uses where such use would violate a federal law that preempts an inconsistent
state law.Staff Report - City Attorney, David DeBerry cited an example that under state law,
medical marijuana dispensaries are permitted uses, but the Federal Government still classifies
marijuana as a schedule one narcotic; adding that if there is some modification to the federal law
which changes the way the federal government looks at medical marijuana, that use would be
allowed,requiring the City to adopt regulations allowing the
use.MAYOR MURPHY OPENED THE PUBIC
HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC
HEARING.ORDINANCE NO. 14-06 (
FIRST READING)An Ordinance of the City Council of the City of Orange Amending Chapter 17.02 of
the Orange Municipal Code relating to uses for which permits will
be issued.MOTION -
Murphy SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru Moved
that Ordinance No. 14-06 be read by title only and same was set for second reading by
the preceding vote.
14. PLANNING AND ENVIRONMENT - None.PAGF1?
CITY COUNCIL MINUTES
15. ADJOURNMENT - The City Council adjourned at 7:15 p.m.The
next Regular Council meeting is scheduled for November 28, 2006.November
14,2006 Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting
of November 14, 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.E~
M1lJt' :
g. MURPHY CITY
CLERK 1
t, 1M MARK
A. MURP MAYOR
PAGF11