HomeMy WebLinkAbout7_11_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 25, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 11, 2006
The City Council of the City of Orange, California convened on July 11, 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 Irma Hernandez, Sr. Assistant to the City Manager
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru ABSENT -
None 1.4
PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Mayor's Award and Library Foundation recognition to Tom Davidson and Laurie Marine,
of Orange Park Acres Friends of the Library, for the group's $25,000 donation to
name a Study Room in the expanded new Main Library & History Center.Presentation from
OCT A to award the City of Orange federal grants for bicycle and pedestrian improvement projects
and to provide information on Metrolink Weekends program.Presentation from
California Department of Forestry recognizing the City of Orange as a Tree City
USA.Recognition to
the City of Orange Finance Department, recipient of the Certificate of Achievement Award
for Excellence in Financial Reporting for the Comprehensive Annual Financial Report.
The City
Council will adjourn in memory of Mara Brandman, former City of Orange Planning Commissioner
and long time resident.PAGE 1
CITY COUNCIL MINUTES July Il, 2006
2. PUBLIC COMMENTS
Tom Davidson, announced that the County will be holding an Open House for the
Strategic Plan for Parks, Open Space and Trails for the County at Irvine Park on July 12th.
Ashley Armstrong, spoke on Educational Home Programs for foreign exchange students.
Andreas Lachman, Germany, spoke on the Foreign Exchange Program.
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 CityCouncil, 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 ofwarraut registers dated June 15 and 22, 2006.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, June 27, 2006.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 First Amendment to the License Agreement between the City of Orange and Orange
Tot-Lot Preschool, a parents cooperative. (A21 00.0 Agr-2915.
A.l)SUMMARY: Approval of the proposed First Amendment with the
Orange Tot-Lot Preschool, a parents cooperative, will allow the volunteer based organization
to continue to utilize El Camino Real Park for pre-school activities for
the next three years.ACTION: Approved the First Amendment to the License
Agreement with Orange Tot-Lot Preschool, a parents cooperative, and authorized the Mayor and
City Clerk to execute the Amendment
on behalf of the City.FISCAL IMPACT: Standard administrative and
maintenance costs related to the management of the contract and
use ofEI
CITY COUNCIL MINUTES July 11, 2006
3. CONSENT CALENDAR (Continued)
3.5 Award of Consultant Services Agreement to Transystems, Inc., for construction
management services for Del Rio/RiverBend Park development project. (A2100.0
Agr-
4931)SUMMARY: The proposed consultant services agreement allows for Transystems to be
a City consultant to provide construction management services for the 10.5-
acreDel Rio/RiverBend Park development project. Transystems will work with City
staff to provide construction document review, construction oversight, and act as a
liaison between the Community Services Department and the developer for
this project.ACTION: Approved the consultant services agreement between the City
and Transystems in an amount not to exceed $74,660 for construction management services
for Del Rio/RiverBend Park development project, and authorized the Mayor and City
Clerk to execute the agreement 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 ($74,
660) will be paid for bythe Deposit/Reimbursement Agreement with North Orange Del
Rio
Land,LLC.3.6 Donation Agreement with Imprinted Memories, a California corporation,
to accept donation to the City of a 15 foot x 9 foot tile wall mural artwork valued at $5,
123.25 for the Main Library Expansion Project. (A2100.
0 Agr-4932)SUMMARY: This agreement authorizes Imprinted Memories to provide
and deliver to the site of the Main Library expansion 135 tiles that comprise a unique 15 foot x
9 foot tile wall mural artwork as a donation to the City towards the project. The donation
is valued at
5,123.25.ACTIONS: Approved the proposed Donation Agreement with
Imprinted Memories; and authorized the Mayor and City Clerk to execute the Agreement on behalf
of the City.FISCAL IMP ACT: There will be no fiscal impact to the general fund.
This donation is valued at $5,123.25 and is considered part of the $4 million being raised by
the City of Orange Public Library Foundation toward the library
expansion project. Accordingly,receipt of the donated tile wall mural artwork will save the City at least $5,
123.25, which the City would otherwise be required to pay if it contracted out for the purchase
of the
tile wall
CITY COUNCIL MINUTES July Il, 2006
3. CONSENT CALENDAR (Continued)
BIDS
3.7 Project No. SP 3535, Approval of plans and specifications and request authorization
to advertise for bids for construction of Arterial Highway Rehabilitation ProgramAHRP) Project - Bond Avenue from Prospect Street to 400 feet east of Little Lane City
Boundary). (S4000.S.7)SUMMARY:
Plans and specifications have been completed for the Bond Avenue AHRP Project.
The project is ready to be advertised for bids. The estimated construction cost including
10% of contingencies is $435,000.ACTION:
Approved plans and specifications and authorized advertising for bids for Bond Avenue
AHRP Project.FISCAL
IMP ACT: No fiscal impact at this time. Funds are budgeted and available in the following
accounts:272-
5011-483300-3045 $ 208,000 Gas Tax
Bond Avenue 550-50Il-483300-3045
142,480 AHRP Bond Avenue Upon receipt of public bids, the Public Works Department will
return to the City Council and recommend any funding adjustments and award of contract
based on the
outcome of the public bid.3.8 Approval of Plans and Specifications and
authorization to advertise for bids;Construction of Well 26 - Building and Electrical
Control. (C2500.P.3)SUMMARY: Plans and Specifications have been completed for Well
26 - Building and Electrical Control. The project is ready to be advertised for bids.
The preliminary cost estimate is $
250,000.00.ACTION: Approved plans and specifications and authorized
advertising for the construction of Well 26 - Building and
Electrical Control.FISCAL IMPACT: No fiscal impact at this time. Staff will return to Council
with a funding recommendation and possible appropriation request upon award
of contract.Funds are budgeted and are currently available in the
following account:601-8011-484101-8118 $68,048.00 Water
CIP - Well 26
CITY COUNCIL MINUTES July 11, 2006
3. CONSENT CALENDAR (Continued)
3.9 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. Ronnie Garcia
b. Joan Serot
c. Dennis Garcia
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Approve Contract Change Order (CCO) No. 1 and Final for Bid No. 056-14 -
Cambridge StreeUPalm Avenue Storm Drain Inlet Improvement and Windes
Drive/Grovewood Lane Drainage Facility Improvement. (A2100.0 Agr-
4830)SUMMARY: This contract change order is the result of changes in the field. The
change order is due to unforeseeable obstructions of the two unmarked sewer laterals that
conflict with 18-inch storm drain installation on Windes Drive and changes during the
course of the project and construction of an additional 3.5-foot catch basin at the
southeast corner of Maple Avenue and Cambridge Street. This change order will increase the
cost of the project in an amount of $ Il ,202.1 O. Additional landscape repair is also required
at a cost of$1,500, making the total increase on this project, $
12,702.10.ACTION: 1) Approved Contract Change Order No.1 in the amount of $11,
202.10 to B.R. Day Construction, Inc., 1686 E. Palm Drive, Covina, CA 91724,
and authorized the Mayor and the City Clerk to execute on behalf of the City; 2) Appropriated $
3,711.00 from 550-5021-265600-51 Il to550-5021-
483300-5111; and 3) Appropriated $8,
991.1 0 from unallocated Fund 271 to 271-5021-483300-5111.
FISCAL IMP ACT: Upon appropriation,
funds are available in the
following accounts:
CITY COUNCIL MINUTES July 11, 2006
3. CONSENT CALENDAR (Continued)
3.11 Final acceptance of Bid No. 056-23; SP-3542; Removal of tank atFireHeadquarters,and Installation of New Tanks at Fire Station No.3 and No.6 and
authorization to file Notice of Completion with the County Recorder (No staff
report reauired).A2100.
0 Agr-4838)SUMMARY: Removal of tank at Fire Headquarters, and Installation of New
Tanks at Fire Station No.3 and No.6. The contractor on said job was
Jen Industries, 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.PURCHASES 3.12 Purchase of a forensic digital enhancement system from
Linear Systems and additional touch screens and keyboards for patrol
vehicles from
Motorola.C2500.K)SUMMARY: The existing digital enhancement system used by
the Forensic Specialist was purchased in 2004 for $ Il ,450. It is being replaced by technology
that allows for greater detail in fingerprint and crime scene processing. The cost of this
new system is 60,000, including an $8,800 trade-in allowance for the
old system. The Police Department needs to purchase three touch screens and keyboards
for the Motorola MW800 mobile data computers currently used in all patrol vehicles. They will
be used as spares when the touch screens and keyboards are being repaired,
eliminating a vehicle being
taken out of service.ACTION: 1) Appropriated $8,000 to account
355-4021-471301 (Federal Asset Forfeiture-Patrol-Equipment) for the purchase of
the touch screens and keyboards; 2) Appropriated 60,000
to account 355-4034-471301 (Federal Asset Forfeiture-Lab/Property-Equipment)for the
purchase of the forensic digital enhancement system; and 3) Authorized the purchase of
the forensic digital enhancement system from Linear Systems and
the touch screens and keyboards from Motorola as sole source vendors.FISCAL
IMPACT: Unreserved fund balance is
available in
CITY COUNCIL MINUTES July 11, 2006
3. CONSENT CALENDAR (Continued)
3.13 Purchase of print and non-print materials for Orange Public Library facilities
from Baker & Taylor, Inc., in the amount of $155,000.00. (C2500.
I)SUMMARY: Request that the City Council authorize a $155,000.00 purchase order
with Baker & Taylor, Inc., for print and non-print materials (i.e., books, DVDs,
compact disks,computer software, etc.) for the Taft and EI Modena branch libraries and for
the
Main Library.ACTION: Authorized purchase of print and non-print materials for
Orange Public Library facilities from Baker & Taylor, Inc., in the amount of$
155,000.00.FISCAL IMP ACT: Sufficient funds exist in
the followingaccount:100-2001-443101-0000 - Library
Books - $155,000.00 3.14 Purchase of print and electronic periodical subscription
services for Orange Public Library facilities from EBSCO Subscription Services, in the amount
of $55,
000.00.C2500.I)SUMMARY: Request that the City Council authorize a $55,000.
00 purchase order with EBSCO Subscription Services for print and electronic
periodical subscription services for the Main Library and the Taft and
El Modena Branch Libraries.ACTION: Authorized purchase of print and electronic
periodical subscriptions for Orange Public Library facilities from EBSCO Subscription Services, in the amount
of$55,000.00.FISCAL IMP ACT: Sufficient funds exist
in the following accounts:100-2001-443101-0000 -
Library Books - $25,000.00 100-2001-443101-
9320 -
Electronic Resources - $30,000.00 RESOLUTIONS 3.
15 RESOLUTION NO. 10099 (C2500.K)A Resolution of the City Council of the
City of Orange expressing appreciatIOn to Sergeant Scott Staton of the Orange Police
Department and commending him for more than
30 years
ofloya1 and dedicated
service.ACTION: Approved.
MOTION - Dumitru SECOND - Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru All items on the Consent Calendar were
approved as recommended.END
OF CONSENT
ClTY COUNCIL MINUTES July Il, 2006
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointments to the City of Orange Planning Commission.
C2500.G.2.1)
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru Moved to reappoint
Robert Imboden to the Orange Planning Commission for a full four-year term to expire
June 30, 2010.MOTION - Murphy
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Dumitru Moved to appoint Scott Steiner
to the Orange Planning Commission, to fill the unexpired term of Ben Pruett, term to expire
June 30, 2008.4.2 Consideration of appointments
to the Community Video Advisory Board.ORI800.0.28)MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche,
Dumitru Moved to
appoint David Cordero and Phil Giraldin
to the Community Video Advisory Board;terms to expire June 30, 2008.4.3
Consideration of nominations to the Orange
Elderly Services Board. (ORI800.0.21)MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche,
Dumitru Moved to
nominate Neil Mansdorf
and Richard Alarcon as Council appointments
to the Orange Elderly Services Board of Directors; terms to expire June 30, 2009.
5. REPORTS FROM COUNCILMEMBERS - None.PAGE 8
CITY COUNCIL MINUTES July 11, 2006
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.
1 Report from Public Works Director - Award of Public Project Contract - Bid No.056-45, Water
Main Renewal for Fern Street, Hillside Avenue, Lakeside Avenue, Brookside Avenue, Warbler
Place, Hart Street, Mockingbird Place, Oriole Place and Meadowlark Place. (A2100.
0 Agr-4933)SUMMARY:
This contract authorizes the construction of replacement 6 inch and 8 inch waterlines
for Fern Street, Hillside Avenue, Lakeside Avenue, Brookside Avenue, Warbler Place,Hart
Street, Mockingbird Place, Oriole Place and Meadowlark Place. West Valley Construction,Inc.,
10226 Greenleaf Ave., Santa Fe Springs, CA 90670 is the lowest responsible bidder.MOTION -
Cavecche SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru Moved to: 1) Appropriate $
265,000.00 from unallocated reserves to Account No. 601-8041-484501-8400. 2)
Award the contract in the amount of $831,709.00 to West Valley Construction,Inc., and
authorize the Mayor and City Clerk to execute on behalf of the City.7.2
Report from Public Works Director - Bid 067-06; Conversion to Water Lube Pumps for Production Wells;
Approval of plans and specifications and authorization to advertise for bids.C2500.P.
3)SUMMARY: Plans
and specifications have been completed for the conversion of oil lube pumps to water
lube pumps. The project is ready to be advertised for bids.It was
noted that this was a requirement ofthe Department of Health Services.MOTION - Cavecche
SECOND - Smith AYES -
Smith, Murphy, Cavecche,
Dumitru Moved to: 1) Appropriate $925,
000 from unallocated reserves to Account No. 601-8011-484101-8214 Well Rehabilitation;
2) Approve plans and specifications and authorize advertising for the Conversion to Water
Lube Pumps for Production Wells.8. REPORTS FROM
CITY MANAGER-City Manager John
Sibley reported on the First Shovel Celebration for the Grijalva Park Gymnasium planned for
Thursday, July 20th at 5:00 p.m.PAGE 9
CITY COUNCIL MINUTES July 11, 2006
9. LEGAL AFFAIRS - None.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The
City Council recessed at 5:30 p.m. The Council did not meet in Closed Session.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.7:
00 p.m. Session 12.
PUBLIC COMMENTS Jan
Chomyn, Old Towne Preservation Association, requested the Council agendize a hearing to consider
a change in zoning to R-1 within Old Towne.
Anne Siebert, requested the Council agendize a hearing to consider a change in zoning to R-
l within Old
Towne.Dan Slater, Pine Street, requested the Council agendize a hearing to consider a change in
zoning to R-l within
Old Towne.13.
PUBLIC HEARINGS 13.1 LEVY OF ANNUAL ASSESSMENTS 2006-2007
FISCAL YEAR LANDSCAPE MAINTENANCE DISTRICT 82-1 (SHADOW
RIDGE). (LI200.0 LMD-82-1)Time set for public hearing on the levy of annual
assessments for costs of maintenance and improvements for Landscape Maintenance District No. 82-
1, which is located westerly of Meats Avenue in
the vicinity ofMarywood and Shadow Ridge Streets.The City Clerk announced that notice was given in the manner and
form as required by law and a Certificate of Compliance
is on file and open for inspection.The Public Works Director
reported that no protests had been received.MAYOR MURPHY OPENED
THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
COUNCIL MOTIONED
CITY COUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Action:
RESOLUTION NO. 10053
A Resolution of the City Council of the City of Orange confirming the diagram and Assessment
and providing for the levy ofthe annual assessment for Special Maintenance District 82-
1.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Dumitru Moved to
approve Resolution No. 10053.City Manager
was directed to report back on the Landscape Maintenance Districts being managed by their
respective Homeowners Associations.13.2
LEVY OF ANNUAL ASSESSMENTS 2006-2007 FISCAL YEAR LANDSCAPE MAINTENANCE
DISTRICT 86-2 (SANTIAGO HILLS). (L1200.0 LMD-
86-2)Time set for public hearing on the levy of annual assessments for costs of
maintenance and improvements for Landscape Maintenance District No. 86-2, which is located
within the Upper Peters Canyon Specific Plan
Area (Santiago Hills).The City Clerk announced that notice was given in the manner and form as required by
law and a Certificate of Compliance is on file and
open for inspection.The Public Works Director reported that no protests
had been received.MAYOR MURPHY OPENED THE PUBLIC HEARING. THERE
BEING NO SPEAKERS,COUNCIL MOTIONED TO CLOSE
THE PUBLIC
HEARING.Council Action:
RESOLUTION NO. 10054 A Resolution of the City Council of the City of Orange confirming the
diagram and assessment and providing for the levy ofthe annual assessment for Special
Maintenance District 86-
2.MOTION - Murphy
SECOND - Smith AYES - Smith, Murphy, Cavecche,
Dumitru Moved to approve Resolution No.
10054.City Manager was directed to report back on the Landscape Maintenance Districts being
managed by their respective Homeowners
Associations.PAGE
Cll Y CUUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
13.3 LEVY OF ANNUAL ASSESSMENTS 2006-2007 FISCAL YEAR
LANDSCAPE MAINTENANCE DISTRICT 94-1 (SYCAMORE CROSSING). (LI200.
0 LMD-94-1)Time set for public hearing on the levy of annual assessments for
costs of maintenance and improvements for Landscape Maintenance District No. 94-1, which
is located
in the Sycamore Crossing Tract.The City Clerk announced that notice was given in the manner and form as
required by law and a Certificate of Compliance is on
file and open for inspection.The Public Works Director reported that
no protests had been received.MAYOR MURPHY OPENED THE PUBLIC
HEARING. THERE BEING NO SPEAKERS,COUNCIL MOTIONED
TO CLOSE
THE PUBLIC HEARING.
Council Action:RESOLUTION NO. 10097 A Resolution of the City Council of the City of Orange
confirming the diagram and assessment and providing for the levy of the annual assessment
for Special Maintenance
District 94-1.
MOTION - Murphy SECOND - Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10097.City Manager was directed to report back on the Landscape Maintenance
Districts being managed by their
respectiveHomeowners Associations.13.4 APPEAL
507-06, CONDITIONAL USE WIRELESS) -
COUNCILMEMBER JON DUMITRU
A4000.0 APP-
507-06)
PERMIT 2541-05 (CINGULAR TAPE 2350 Time set for public hearing to consider an appeal of
the Planning Commission's decision to approve the installation of a cellular antenna facility upon
property
located at 800 N. Cambridge Street.Reason for Appeal - So that the City Council could review the proposal
for its impact on residents that live in the surrounding area and the precedence of
establishing
cellularfacilities in residential neighborhoods.
CITY COUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Discussion _ Community Development Director, Alice Angus provided a staff report; noting that
an ordinance adopted in 2005 allowed antennas in residential neighborhoods. This antenna
requires a Conditional Use Permit (CUP) because it exceeds the height limit in a residential zone.
Appellate, Councilmember Dumitru stated that a policy direction for the future was needed to
address cellular antennas being proposed in residential areas. He believed the proposed mono-
pine structure is a prominent feature in the neighborhood.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Jim Todaro, representing Cingular Wireless, 19752 MacArthur Blvd., Irvine, stated that Cingular
changed multiple aspects of the project to comply with the Design Review Committee's
conditions, and increased the branch count on the tree to screen the antenna as part of the Planning
Commission's approval. He stated that the antenna was needed in this area to address a demand
for service that presently exists, and the design would allow for co-location of equipment.
He submitted a letter from an attorney representing
Cingular.Responding to questions from Council, Mr. Todaro stated that the City requires a specific
density of the branches on the antennas; and that under the CUP, Cingular is required to maintain
the antenna as it looks when installed. He further described the problems with installing a flag
pole type of antenna, resulting in reduction in
capacity.Speakinl! in opposition to the cellular
antenna:Comments include: Commercial areas would be more suitable; not suitable for a
residential neighborhood; too high for neighborhood; negative affect on property values; will set a
precedence;business opportunity for the
church.Sybil Low, 803 N.
Cambridge Barbara Chapman, 702 E.
Lomita Paul Cook, 705 E.
Lomita Scott Craig, 825 E. Barkley, submitted flyer with photographs of
antennas Mona Robinette, 769 N.
Pine William Kooyenga, 815 E.
Barkley Verdon Craig, 825 E.
Barkley Edgar Luebbek, 1133 S.
Rose Resident, 644 E.
Oakmont Yvonne Carpenter, North
Cambridge Speakinl! in favor of the cellular
antenna:Comments include: Visually acceptable and blends in with surrounding area; applicant
was required to plant additional trees surrounding the antenna; church property will be enhanced
with additional trees on the property; difficult to find locations for cellular antennas; cellular service
is essential in emergency
situations.PAGE
CiTY CUUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Robert Graul, 6518 E. St.Germain, Our Saviors Lutheran Church
Jon Califf, 365 N. Harwood
Georgina Califf, 1231 E. Sycamore
Denise Boyd, 1917 Ebonywood
City Attorney, David DeBerry stated that Council has broad discretion to enact zoning laws which
includes height restrictions on buildings and facilities, adding that these laws will be upheld as
long as they are not in conflict or inconsistent with state or federal laws regnlating placement of
wireless facilities. He went on to say that City zoning laws cannot prohibit or have the effect of
prohibiting the provision of personal services for telephone-whether wireless or cable; and
that the City can enact reasonable rules and regulations on the time, place and manner of
facilities.Mr. DeBerry added that the various state and federal laws on wireless facilities and court
cases interpreting those laws is what prompted the City to adopt the new wireless facilities
ordinance;noting that cities that have prohibited these types of facilities in residential areas where
coverage was unavailable sometimes had their ordinances overturned based on being in conflict with
state and federal laws. Relevant questions include whether the applicant has shown that there are
no deteriorating effects to surrounding land uses, and whether the proposed height was
necessary,convenient or simply a less expensive way to provide
coverage.Mr. DeBerry addressed a comment made by a speaker regarding separation of church and
state-indicating that the City is not enacting a law that furthers or prohibits the establishment
of religion. He then addressed certain points raised in a letter from Cingular's attorney which
was submitted for the first time at the City Council hearing. He noted that he agrees with much
of what is contained in the letter, but noted an inconsistency in the attorney's argument in that
he contended on the one hand that the City Council cannot base their decision on who might
come afterwards or some other case, but must base it on the facts of this particular case, while on
the other hand claiming that because a similar facility was approved in a different location, then
not approving this one would be evidence of discrimination. He also noted that while the applicant'
s representative contended that the facility would not cause a decrease in neighboring
property values, that
outside that comment Cingular had not presented any evidence of that and that the neighbors felt it
would cause a decrease in their property
values.Appellate, Councilmember Dumitru, stated he was not comfortable allowing the facilities in
a residential neighborhood. He stated that this would be an eyesore and expressed concern for
the deteriorated look of another Mono Pine antenna in
town.He suggested other locations would be more suitable for the combining of facilities to offer
cell
power.MAYOR MURPHY CLOSED THE PUBLIC
HEARING PAGE
CITY COUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Comments
Mayor pro tern Cavecche stated that the Council adopted the new wireless facilities ordinance in
2005 because the City was required to in following state and federal law. She stated she had no
intention of changing this 2005 ordinance, nor did she have a problem with radio frequency
emissions which by law the Council is not allowed to consider in this decision. She further stated
that certain requirements and determinations have to be made to support the issuing of the CUP,
and that two of the requirements have not been met - she agreed that the antenna would visibly stand
out in the neighborhood and the placement does not fit in the neighborhood.Councilmember
Smith stated that the antenna is too tall and exceeds what the City's ordinance allows
and that the open area is not a suitable site. She refuted the Planning Commission findings noting
there are other providers of these services should the community choose to avail themselves
to them; that the antenna is a visual intrusion upon its neighborhood; that it was not the
plan for any neighborhood to have 55-foot cellular antennas in proximity of residences; and
that there are other more suitable sites in non-residential
areas.Mayor Murphy stated his concern with the treatment of putting a 55-foot antenna/fake tree
in a residential area, but stated a desire to find a solution to this proposal. He suggested
the project could be denied without prejudice so that the applicant could come back with an
alternate design,treatment or location that would be acceptable in
the neighborhood.
Council Action:MOTION -
Dumitru SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru Moved
to uphold the Appeal and deny, without prejudice, Conditional Use Permit 2541-05;
allowing the applicant to submit another application with an alternate location, treatment or
design.
13.5 APPEAL 508-06, CONDITIONAL USE PERMIT 2587-06 -
KAMRAN MIRDAMADI (MERIDIAN LIQUOR AND MARKET) A4000.0
APP-508-06)Time set for public hearing to consider an appeal of the Planning Commission's decision
to deny a Conditional Use Permit to allow off-premise sale of beer, wine and distilled
spirits for a new liquor and market establishment located at 655 S.
Main Street, No.
240.Reason for Appeal:The crime rate numbers that the Police Dept used in their report was 3
years old and misleading since in 2004 and 2005 crime rate has been decreased. Also all arguments
are based on the
assumption not
CITY COUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Discussion - Community Development Director, Alice Angus provided a staff report.In
response to questions from Mayor pro tern Cavecche, staff noted that a Conditional Use Permit CUP)
is tied to the property, not the owner; but the City is able to review the Permit and could initiate
a revocation procedure if necessary.Police
Sergeant Miller reported that the Police Department had reviewed the project and recommended
denial based on the concentration of liquor sales in the area; noting the crime statistics
in the area did not include Santiago Park in Santa Ana. He added that alcohol establishments
that are freeway close and at the city limits are more likely targets for crime.MAYOR
MURPHY OPENED THE PUBLIC HEARING.Mr.
Rick Blake, representing the applicant, 2107 N. Broadway, Santa Ana, addressed the concerns stated
and gave a summary ofthe conditions the owner was willing to agree to:No
alcohol sales after 10:00 p.m.;No
exterior advertising of the availability of alcohol;No
single can sale of domestic or imported Mexican beer;Total
of20% maximum retail floor space devoted to storage or display;Total
quarterly alcohol sales not exceeding 30% of dollar volume;Windows
of the business not obstructing the view to the interior from outside.Mr.
Blake further stated that the applicant is requesting the project be sent back to the Planning Commissionforamoredetailedpresentation. He added that the store's sales records are required to
be kept and will be easily reviewed by the State Department of Alcohol and Beverage Control ABC);
and that the owner would be taking the ABC training on liquor sales which includes how to
verifY age of customers, and that there will be surveillance cameras on the premises.Angela
Zarate, 1235 Town & Country road, spoke in favor of the proposed establishment.MAYOR
MURPHY CLOSED THE PUBLIC HEARING.Council
Comments - Mayor pro tern Cavecche stated the City works very hard at lowering crime,and tasks
the Police Department to accomplish this. She could not support the proposal as she did not see
the necessity when there is already a concentration ofliquor sales in the area.Mayor Murphy
stated that this is not a decision directed at the operator of the establishment, but that with
the CUP being granted to the land, and the uncertainty of possible future operators, it was necessary
to uphold the appeal.PAr,,1=
11=:
CITY COUNCIL MINUTES July 11, 2006
13. PUBLIC HEARINGS (Continued)
Council Action:
MOTION - Cavecche SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru Moved to deny
the appeal and uphold the denial of Conditional Use Permit 2587-06.14. PLANNING
AND ENVIRONMENT 14.1
Request for the trial speed humps on Heim Avenue between Orange-Olive Road and Canal
Street to remain in place on a permanent basis. (S4000.S.6)SUMMARY:
The City Traffic Commission approved the three-month trial of speed humps on
Heim Avenue between Orange-Olive Road and Canal Street, and recommends to the City
Council that the installation remain on a permanent
basis.Public
Comments:The following people spoke in favor of the speed
humps:Will Campbell, 612 E. Heim, spoke on traffic moving faster and faster on these
streets;Gordon Page, 532 E. Heim, requested installation of an additional speed
hump;Tom Mercier, 922 E. Heim, requested installation of additional speed humps and asked
for redesign to reduce
noise;Miriam Heinicke, 705 E. Heim, spoke in favor of the speed
humps.Anthony Grande, 2505 N. Dunbar, spoke in opposition to the speed humps;
requested consideration of a traffic signal at Heim and
Orange-Olive.MOTION -
Murphy SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru Moved
to approve the permanent installation of speed humps on Heim Avenue between Orange-Olive
Road and Canal Street.Staff
was directed to provide a written report to Council with an assessment of additional speed humps
along Heim Avenue and a traffic signal at Heim and Orange-Olive Road.
PAGE 17
Lll Y CUUNLlL MINUTh:S July 11, 2006
15. ADJOURNMENT
The Council adjourned at 10:00 p.m. in memory of Mara Brandman. The next Regular Council
meeting is scheduled for July 25,2006.
Declaration of City Clerk, Mary E. Murphy, declariug postiug of City Couucil ageuda of a regular
meeting of July 11, 2006 at Orange Civic Ceuter kiosk, Police facility at 1107 North Batavia,
Shaffer Park; all of said locatious being in the City of Orange and freely accessible to members of
the public at least 72 hours before commencement of said regular meeting.
t(~~
M<\J;('f . URP .
CITY CLERK
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MAYO
PAGE 18