HomeMy WebLinkAbout3_8_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON MARCH 22, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 8, 2005
The City Council of the City of Orange, California convened on March 8, 2005 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 Public Works Director Harry Thomas
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT
ABSENT -Smith,
Ambriz, Murphy, Cavccche, Dumitru None
1.
4PRESENTATIONS / ANNOUNCEMENTS/ INTRODUCTIONS Annual
Deuce Awards presented by Mothers Against Drunk Driving (M.A.D.D.) to Police
Officers who have arrested a significant number of drunk drivers: Officer Phil McMullin -
84 arrests, Officer Ray Winick - 77 arrests, OfficerMartin Suarez - 67 arrests.Proclamation presented to
Karen
Herrera, honoring her for service on the Orange Library Board.Proclamation honoring Creek
Week,
March 12-19, 2005.A presentation by
Orange County Supervisor Bill Campbell and Public Works Director/Chief Engineer Herb
Nakasone on the Operating Procedures for the Villa Park Dam and the implications for
Santiago Creek.Mr. Nakasone provided
a power point presentation, reviewing the operating procedures for the Villa
Park Dam. In response to Council questions, he indicated that there is a dam operator, who lives
at the dam and who continually monitors it; and the dam falls under the review of
the State Office of Dam Safety and is inspected on a yearly basis.Mr. Jim Obermayer,
address on file, requested the City fonn a special commission to review emergency plans
and offered citizen input for this commission. He asked about evacuation procedures, both
for residents and large animals and what the alarm system is for evacuation.PAGE
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CITY COUNCIL MINUTES March 8, 2005
2. PUBLIC COMMENTS - None 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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda
of a regular meeting of March 8, 2005 at Orange Civic Center kiosk, Police facility
at 1107 North Batavia, and 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 and Main Public Library at 101 N. Center Street.ACTION:
Accepted Declaration of Agenda Posting and authorized its retention as a public
record in the Office of the City Clerk.3.
2 Request Council Confirmation of warrant registers dated February 17 and 24, 2005.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Regular Meeting, February 22, 2005.C2500.
D.4)ACTION:
Approved.3.
4Consideration to waive reading in full of all ordinances on the Agenda.ACTION:
Approved.3.
5 Receive and file the Investment Oversight Committee Report for the period ending January
31, 2005. (ORI800.0.27.16.1)ACTION:
Approved.PAGE
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CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Sewer Service Agreement - Request by Gregory Winner, Kathleen Nai-Tan Yang
and Mark and Barbara Dangler to extend approximately 1,600 feet sewer main in
Meads Avenue from the City's existing sewer in Horseshoe Drive. (A2100.0 Agr-
4640)
SUMMARY: Gregory Winner and Kathleen Nai-Tan Yang, owners of that certain
real property commonly known as 11108 South Meads Avenue, and Mark and
Barbara Dangler, owners of that certain real property commonly known as 11099 South
Meads Avenue in the unincorporated area of the County of Orange, have requested to
conncct their house sewer laterals to the above mentioned sewer main extension in
Meads Avenue. They have executed a Sewer Service Agreement with the City of Orange
and are requesting City Council
approval.ACTION: Approved the connection request from Gregory Winner, Kathlecn
Nai-Tan Yang, and Mark and Barbara Dangler and authorized the Mayor and the City
Clerk to execute this Sewer Service Agreement on behalf of
the City.FISCAL IMP ACT: None. The property owners have paid all
connection fees.3.7 Ball Field Maintenance and Program Services Agreement between the
City of Orange and Major League Softball, Inc., for the administration of the City'
s adult softball program, the maintenance of certain City-owned and/or
operated ball fields,and the use of the Old Garage at Hart Park. (Continued from
Februarv 22. 2005)A2100.
0 Agr-3473.A)SUMMARY: Approval of the Ball Field Maintenance
and Program Services Agreement between the City and Major League Softball, Inc. (MLS) will clearly
establish in a single document the continuing relationship between the City and MLS
with respect to the administration of the City's adult softball program, the
maintenance of certain City-owned and/or operated ball fields, and the use of the Old Garage at Hart
Park by MLS
as an administrative office.ACTION: Approved the Ball Field Maintenance and
Program Services Agreement with Major League Softball, Inc. and authorized the Mayor and City
Clerk to execute on
behalf of the City.FISCAL IMPACT: It is estimated that the City will receive
approximately $50,000 in annual general fund
revenue through
CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
3.8 A second amendment to an existing professional service contract with Hogle-
Ireland, Inc., a private planning consulting firm, to provide current and advance
planning assignments and prepare Planning studies or reports for the Planning
Division. (A2100.0 Agr-4461.
2)SUMMARY: The goal of the Planning Division is to provide quality
professional planning services. The division is currently experiencing an increase in
planning applications filed as well as a staff shortage. The second amendment to the contract
will augment existing staff with the use of professional planning consultants for the next
four
months.ACTION: Approved and authorized the Mayor and City Clerk to execute an
amendment to an existing professional service contract with Hogle-Ireland, Inc., not to
exceed an additional $50,000, for a total contract amount of $11
0,000.FISCAL IMPACT: Funds in the amount of $50,000 are available in
the following account of the Current Planning Division's budget: 100-
6021-426700 - Other Professional and Consulting Services. These funds are from salary
savings based on current vacancies. For the Current Planning work the cost for the
contract planners will be reimbursed
by the applicants.3.9 First Amendment to Information Technology Service
Agreement between ACS Enterprise Solutions, Inc. and the City of Orange for Network
Security. (A2100.0
Agr-0978.C.l )SUMMARY: The City contracts with ACS Enterprise
Solutions, Inc. for network administration and information technology support. City
staffrecommends hiring ACS to implement a phased Network Security solution. The solution
consists of services and equipment provided by ACS, along with some services and
equipment which the City will directly
acquire from other vendors.ACTION: 1) Approved the First Amendment
to Information Technology Service Agreement between ACS Enterprise Solutions, Inc. and the City of
Orange in the amount of $125,990 and authorized the Mayor to execute and the City Clerk
to attest; and 2)Authorized the expenditure of funds not to exceed $42,696
for services and equipment directly purchased by the
City from other vendors.FISCAL IMPACT: The expenditure of $168,686 for Phase One
is budgeted in account 790-1601-481303-9640 (Data
Processing Upgrades) in the Information Systems Fund Fund 790). Funds for Phases Two and Three
are included in the proposed FY2005-
06 budget
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CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
3.10 An Agreement for the Operation, Maintenance and Financial Management of the
800 MHz Countywide Coordinated Communications System (CCCS). (A21 00.0
Agr-2415.
A)SUMMARY: Each Orange County city executed the 800 MHz Joint Agrcement
early 1996, and the Amendment to the Joint Agreement in 2003. All 34 cities and the
Orange County Fire Authority are now being asked to approvc the revised Joint Agreement
for the operation, Maintenance and Financial Management of the 800 MHz CCCS,
which addresses post-
implementation issues.ACTION: Approved and executed the Joint Agreement for Operation,
Maintenance and Financial Management of the 800 MHz CCCS dated November 2004; and
authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.FISCAL IMPACT: There are sufficient funds budgeted for the
annual
allocated
payment.APPROPRIATIONS 3.11 Appropriation of funds received from Metro Cities Fire Authority. (
C2500.H)SUMMARY: Request an appropriation of funds rcceived from Metro
Cities Fire Authority. These funds had been held in the Members Specific account in the
name of the Orange Fire Department. The $7,313.59 amount brings the balancc to $0
in this account. These funds ($7,313.59) are currently being held by the City of
Orange in
Account 100-3021-293600.ACTION: Requested an appropriation of
funds as follows: 100-3021-427800-2520 Metro Net Communications) - $7,313.59 in the Fire
Department's budget for fiscal year 04-05. These funds will be carried over to the 05-
06 fiscal year to offset the cost
of dispatch services from Metro Cities Fire Authority.FISCAL IMP ACT: These funds will
offset dispatch costs
for fiscal year 05-06 by 7,313.59.3.12 Appropriation of
settlement payment received from Shell Oil Company. (C2500.H)SUMMARY: As a final judgment in the
case of the Pcople vs. Shell Oil Company, the Orange Fire Department was
awarded $50,000 to assist in the enforcemcnt of underground storage tank
regulations. Staff is requesting that these funds be appropriated into the Hazardous Materials Program to be
used for 1) updating the City of Orangc Fire Rescue Hazardous Materials Area
Plan,
2) materials
CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
ACTION: Amended the revenue budget to reflect the receipt
Account No. 100-3012-277501 (Hazardous
Materials Fines);50,000 as follows in the Fire
Prevention Activity:100-3012-426700-
2528 Other Professional &
Consultant Svcs 100-
3012-429300-2528
Overnight Training 100-3012-429400-
2528 Local Training
100-3012-
471301-2528
Equipment Additions
of the $
50,000 into and appropriated the 15,000 12,000 10,000
13,000 FISCAL IMPACT: The Fire Department's
Fire
Prevention Budget will be supplemented through these available funds for training and equipment.
BIDS 3.13 Project No. D-146 Phase I, Orange County Sanitation
District (OCSD) Cooperative Project with City of Orange for Taft Avenue Storm
Drain Improvements. Approval of plans, specifications, and request for authorization to advertise. (
C2500.M.17)SUMMARY: Plans and specifications have been completed for the Taft Avenue
Storm Drain Improvements from east of Union Pacific Railroad to east of Glassell
Street. The project is ready to be advertisedfor
bids. The estimated construction costs including contingencies (10%), and construction engineering (5%)
is $509,400.ACTION: Approved plans
and specifications and authorized advertising for bids for the Taft Avenue Storm Drain
construction project.FISCAL IMP ACT:
Funds are budgeted
and are available
in the Capital
Improvement Program
in the following
accounts:530-5011-483400-5324 $104,900 550-5011-483400-5324 $100,500 Total $205,
400 Drainage District)OCSD Grant Funds)3.14 Project No.
SP 3514; Women's Restroom Remodel Project, at City Hall
Public Works Building. Approval of plans and specifications, and request for authorization
to advertise for bids (Bid No. 045-42). (C2500.M)SUMMARY: Plans and Specifications have
been completed for the remodel of
the existing women's public restroom located at City Hall in the
Public Works Building. The engineer's estimate is $45,000.ACTION:
Approved plans and specifications and authorized advertising for bids for
the Women's Restroom Remodel Project,
at City
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CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.15 Award of Public Project Contract - Bid No. 045-28, Reservoir No.4 Booster
Pump Station. (A2100.0 Agr-
4641)SUMMARY: This contract authorizes the construction of the Booster Pump Station
to improve the water system's flexibility and reliability. Arnaz Engineering Contractor
of Lake Forest, California, is the lowest responsible
bidder.ACTION: I) Transferred $600,000.00 from Account No. 601-
8011-484101-8119 (Well 27) to Account No. 601-8011-484102-
8314 Water CIP- Reservoir 4 Pump Station;2) Awarded the contract in the amount of$
830,900.00 to Arnaz Engineering Contractor,22600-G Lambert Street, Lake Forest, CA
92630 and authorized the Mayor and the City
Clerk to execute on behalf of the City;FISCAL IMPACT: Funding for
this project
with the recommended fundtransfers and appropriation is:601-8011-484102-
8314 Water CIP - Reservoir
4 Pump Station $900,000.00 REMOVED AND HEARD SEPARATELY)3.16 Award of
Contract to Natures Image, Inc., Bid No. 045-31, for
Landscape Maintenance of Mitigation Area in Santiago Creek. (A2100.0 Agr-4642)
SUMMARY: Upon completion of a formal bid process, the lowest responsible bidder was determined to
be Natures Image, Inc. in the amount of $33,600 for landscape maintenance services for a
five-year period. The
fiscal impact is $9,600 for year one of the five-
year maintenance period.Discussion - Councilmember Dumitru asked whether an oversight had occurred in awarding
the previous
bid to a contractor who was unable to perform the required
landscape mitigation.Community Services Manager, Gabe Garcia responded that the original contractor was
unable to fulfill the landscape mitigation requirement placed on the project by the Department
of Fish and Game; therefore, the City received money back for that portion of the
project. This
bid is
CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
MOTION - Dumitru SECOND -
smith AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
the Award of a Contract, Bid No. 045-31, for Mitigation Services to Natures Image,
Inc. in the amount of $33,600; and authorized the Mayor to execute, and the City
Clerk to attest, the Contract Agreement on behalf of the City.FISCAL IMP
ACT: Sufficient funds exist in the following account:100- 7022-
427100 (Contractual Services):9,600 3.
17 Final Acceptance of Bid No. 045-03; SP-3492; Annual Street Maintenance
Asphalt Concrete Overlay/Reconstruction at Various Locations, FY 2004-
05 and authorization to file Notice of Completion with the County Recorder (
No staff report required). (A21 00.0
Agr-1784.B)SUMMARY: Bid No. 045-03; SP-3492;
Annual Street Maintenance Asphalt Concrete Overlay/Reconstruction at Various Locations,
FY 2004-05. Staff recommends acceptance of improvements. The contractor on
said job was All American Asphalt.ACTION: Accepted public work
improvements, authorized release of Fidelity and Deposit Company of Maryland, Bond No. 08727566 in the amount
of $1,369,798.00 and authorized the Mayor and City Clerk
to execute the Notice
of
Completion.FISCAL IMP ACT: None.DONATIONS 3.18 Accept donation from an Orange resident for
use in the
Fire/Rescue Paramedic program. (C2500.H)SUMMARY: An Orange resident has donated 3 checks in
the amount of $1,500.00 500.00 each check) to be used to support the
Fire Department's Fire/Rescue program.ACTION: Amended the
revenue budget 100-3022-293900 (paramedic donations) -1,500.00. Appropriated
funds to 100-3022-471301 (paramedic furniture/machinery) -
EKG Monitors, Gurneys, Suction Units, CPR Mannequins, etc.FISCAL IMPACT: The $1,500.
00
donation will
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CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.19 Donation from Hoyen Mei Chiu, owner of Trend at the Block, in support of the
Orange Police Department Explorer Post No. 266. (C2500.K)
SUMMARY: Ms. Chiu has graciously donated $500 to the Police Department. The
Police Explorer Post No. 266 has been selected as the beneficiary of funds.
Discussion - Councilmember Smith acknowledged Item 3.18 as well as this item in which
community members have donated monetary support for thesc public safety programs.
She identified the donors and thanked them for their generosity. She encouraged
others to consider donating to City programs as well.MOTION -
Smith SECOND - Dumitru
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to accept the
donation of $500 from Ms. Chiu, which has been deposited in account 100-4055-293900 (
Block-Donations) and appropriated $500 to account 100-4021-
443700 (Patrol-Community Support Organizations). Amended the FY
2004-05 Revenue Budget in the General Fund in the amount of $500 to reflect the receipt
of the amount of
the donation.FISCAL IMP ACT: There will be no impact to the General Fund as Ms.
Chiu has donated the funds. After appropriation, funds will be available in the
Patrol Program budget as follows: 100-4021-443700 $
500
Community Support Organizations RESOLUTIONS 3.20 RESOLUTION NO. 9944 (
C2500.M.16.1)A Resolution of the City Council of the City of Orange
rescinding Resolution No. 9916 and Lot
Line Adjustment LL 2004-10.Owners:
Del Rio,
L.L.
CITY COUNCIL MINUTES March 8, 2005
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9945 (C2500.H)
A Resolution of the City Council of the City of Orange requesting the Orange County
Board of Supervisors to designate all municipal fire stations within the City of Orange
jurisdiction as Safe-Surrender Sites for
newboms.Discussion - Councilmember Smith acknowledged the success of this program in Los
Angeles County and requested the Fire Chief give an oral presentation to promote the
establishment of this program in Orange County. She also stated the funding for the
program is minimal-$60 to $80, and requested details of identifying the mother and baby.
Chief Bonacker detailed that in Los Angeles County since 2002 there have been 30 safe
surrenders, and 30 abandonments--23 of these ending in death. He explained that the
use of ill bands to appropriately identify baby and mother are used in the event that
the mother changes her mind during the
cooling-offperiod.Councilmember Ambriz commented that he has been informed by a participant
in a mom's club in the City that the club may be interested in conducting a fundraiser
to cover the City's costs for
this program.MOTION -
Smith SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved
to approved Resolution No. 9945.MOTION -
Ambriz SECOND - Cavecche
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Items 3.16, 3.
19, and 3.21 were removed and heard separately. All other items on the Consent Calendar were approved
as recommended.END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR
MURPHY - None 5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS - None PAGE 10
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CITY COUNCIL MINUTES March 8, 2005
7. ADMINISTRATIVE REPORTS - None 8.
REPORTS FROM CITY MANAGER - None 9.LEGAL
AFFAIRS - None 10.RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council
recessed at 5:20 to a Closed Session for the following purposes:a. Conference with
Legal Counsel - Existing Litigation pursuant to Govemment Code Section 54956.9(a):
1) City of Orange
v. Hambarian, Orange County Superior Court Case No. 03CC0957.b. Conference with Labor
Negotiator pursuant to Government Code Section 54957.6:City Negotiators: Personnel Director
Steven Pham & Personnel Manager Mike Harary Employee Organization: All Bargaining
Units 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.7:00 P.M.
SESSION ANNOUNCEMENTS -Mayor Murphy introduced
Scout Pack
51, from St. John's School.Councilmember Ambriz announced the Ridgeline
Country Club would be hosting a United States Tennis Association pro circuit
event March 14 - 22nd Community tennis clinics will beheld Saturday, March 14th Councilmember Ambriz
announced the Orange High
School penny drive fundraising campaign for the leukemia society, including events
on March 19th at Norms Restaurant on Katella.Orange High School has been No.
I in the nation for fundraising the last thrce years.PAGE 11
CITY COUNCIL MINUTES March 8, 2005
12. PUBLIC COMMENTS
Marty Poort, address on file, requested a phone number for emergency evacuation for large
animals from the Orange Park Acres area. This number will be included in a brochure-
The Orange Park Acres Information and Safety Guide-which she distributed and which will
be sent out to
the community.Tom Davidson, 6122 Santiago Canyon Road, President, Orange Park Acres
Association, spoke on emergency
preparedness information.Jim Owens, 163 S. Cypress, distributed a train monitor survey taken at the
Almond Street railroad crossing, depicting approximately 60 trains that travel through the City
of Orange.13.
PUBLIC HEARINGS 13.1 ZONE CHANGE 1228-04, CONDITIONAL USE
PERMIT 2409-02, VARIANCE 2124-02, MINOR SITE PLAN REVIEW
223-02, NEGATIVE DECLARATION 1690-02 -BP WEST COAST PRODUCTS, LLC (
ARCO GASOLINE AND
AM/PM MINI-MART)ZI500.0 ZCG-1228-04)Time set for public hearing to consider
a proposal to demolish a mini-market and pump island and construct a new mini-
market building and pump islands with canopy. The number of pump islands will increase from four to
eight. The project site is located approximately 1,500 feet east of Tustin Street on the
north side of Katella Avenue (1935 East
Katella Avenue). To implement the proposal, the applicant has applied for:Zone
Change to establish a
uniform zoning classification (C-TR - Limited Business,Tustin Redevelopment Project Area)Conditional Use Permit (CUP) to
allow the sale of
beer and wine in conjunction with the sale of motor fuel;Variance to reduce the
number of required on-site parking spaces from 15 to 12; and Minor Site Plan
Review to allow the
construction of new buildings less than 10,000 square feet in area.
Note: Negative
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CITY COUNCIL MINUTES March 8, 2005
13. PUBLIC HEARINGS (Continued)
Staff Report -Community
Development Director, Alice Angus gave a staff report, detailing the history of the site:
1970 - Service Station established; 1975 - Villa Park Roadvacated by the City; 1978-liquor license issued.
She added that in 1978 a Conditional Use Permit (CUP) was not required to sell liquor.
The project includes the applicant purchasing additional property immediately to the north-part
of what was half of the northern portion of the abandoned Villa Park roadway,requiring a
lot line adjustment to incorporate it as one site to proceed with the dcvelopment.She explained
the rezone accomplishes consistency with the Tustin Redevelopment zoning on the entire
site. She added that service station use of a property does not require parking;however, with
the addition of the mini-mart there is a parking ratio of 1 space for every 200 square
feet. This amounts to 15 spaces at this site. This project is proposing 12 parking spaces in
addition to the parking under the canopy at the pumps.Mrs.
Angus explained that the project has been in progress for several years. Initially, there were a
few items that needed to be worked out, including the design consistency with the Tustin Redcvelopment
area guidelines; and access issues from the site over the former Villa Park roadway.
She added that a draft Mitigated Negative Declaration had originally been prepared with
mitigation measures, but the project was continued to address other issues. In review, it became
apparent that the environmental document contained conditions that mct code requirements;
and it was deternlined that Negative Declaration was required. The document was
revised and now addresses appropriate mitigation measures. She added that at this point in time,
there is a need for, and the business is requesting, a CUP to sell alcohol in conjunction with the
service station operation.Council
Ouestions -Councilmember Dumitru
asked whether there was a reciprocal agreement with the commercial property owners
that line the abandoned road for access across the easement and its maintenance due to
the heavier traffic which will result from this project. He added that by use of this easement ARCO
is traveling past many of the businesses and hoped that there would be an agreement allowing
the free flow of traffic. He cited the pot holes that now exist on the roadway.Ms.
Angus
responded that when Villa Park Road was abandoned there was a requirement for a 30- foot-
wide access easement. She added that a condition was placed on the applicant to prove they
have a right to continue to traverse this access to Tustin Street which will be necessary for the
fuel delivery trucks to have a turn-about. She indicated that there was a court casc between
the applicant and the neighbors that was adjudicated a month ago, which is denoted in court
documents the City has received.
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CITY COUNCIL MINUTES March 8, 2005
13.PUBLIC HEARINGS (Continued)TAPE 1615
Ms. Angus summarized that ARCO has a right to traverse the easement to Tustin and a right to
the former cul-de-sac portion of the easement; and that they do not have to provide
access to adjoining property owners due to the fact that it does not lead anywhere except to
their own property. She added that it was not known whether the businesses had entered into any
type of maintenance agreement, specifically between ARCO and GVD, the primary owner of the
bulk of
the easement.City Attorney, David DeBerry stated that there was a previous condition that
required the property owner to enter into an agreement for maintaining the easement. The City
Attorney's office saw an issue in that it created a veto power over the development - the other
property owners could be unreasonable in demanding a large portion of the maintenance costs be paid
by ARCO. He added that the easement is shared by private property owners and the City should
not be involved in determining the fair share costs of maintenance. He added that this can either
be settled between the property owners or in court, if
necessary.Councilmember Dumitru asked if there was any other portion of the abandoned road that
might be purchased in the future to preclude the free flow of
traffic.Ms. Angus stated that the 30-foot-wide easement would accommodate the flow
of traffic across the remainder of the abandoned
road to Tustin.Mr. DeBerry added that the court issue addressed whether the reservation
of the 30-foot-wide easement required the entire stretch to remain open or was it
reserved so that abutting property owners could have access out onto Tustin. The court determined that it
was reserved to give the abutting property owners access out to Tustin street, but not for
the purpose of the property owners closest to Tustin Street having access to the bulb, i.e., the turn
around. As a result, if they wanted to, ARCO could chain that and just use it for their own
traffic. In essence the court has decided that the easement is not for other property owners to
use to access the bulb.Councilmember Dumitru asked for clarification of a condition of the CUP that
after 10:00 p.m.,alcohol can only be sold by persons 2l-years-of-age
or older and how would that be enforced.He also asked about the CUP condition that
all employees attend a training session in alcohol beverage compliance; and the requirement that new
employees complete this in 30 days with a copy of the Alcohol Management
Program certificate provided to the Orange Police Department.Ms. Angus stated that this is a standard condition
to a number of different retail businesses that have alcohol sales. In addition, management is
to ensure that adult employees are there to manage the store and ensure
compliance. She indicated the State Alcohol Beverage Control Department's license dictates the conditions and hours
alcohol can be sold. She added that the Alcohol Training Management Plan has
been
submitted to
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CITY COUNCIL MINUTES March 8, 2005
13.PUBLIC HEARINGS (Continued)TAPE 1685
Mayor pro tem Cavecche asked if the City, upon vacating the road, maintained an easement over
it or any portion of it.
Public Works Director, Harry Thomas indicated that two types of easements were retained-
a utility easement which is coincident with the original street right-of-way, making
it 50-feet wide and includes the cul-de-sac bulb. The second easement
was a 30-foot-wide easement for access of the abutting properties which the recent
court decision excluded the cul-de-sac bowl. Due to the existing utility easement,
the property owner would have to enter into an encroachment agreement to place any
surface facilities within that easement. He added that the original vacation precluded any buildings being constructed
in the easement and that as a result of the
project there may be a need to relocate utility lines.Mayor pro tem Cavecche stated the project is
going to be increasing use at the back of the property and increasing traffic over the properties
in front of it; and wanted to confirm that the cOllrt ruled it did not matter
ifit is causing increased maintenance for the other property owners.City Attorney, David DeBerry clarified
that the court issue was easement access to the cul-de-sac bulb
by the neighboring property owners. He added that expanding a business, causing additional traffic to go over
the easement, should be reflected in any
shared cost of the easement.MAYOR MURPHY OPENED THE PUBLIC HEARING -Leslie
Burnside, Tait & Associates, 9089 Claremont Mesa Blvd., San Diego, representing BP West Coast Products, indicated
that their company has agreed to all 52 conditions of approval and appreciated
the removal of the condition for the shared access agreement previously discussed. She addressed the requirement for
the mini-market staff to be at least 21 years old or the alcohol is
locked away. Ms. Burnside added that
there is also an age-restrictive requirement concerning tobacco being sold to minors.Mr. Kent
Allen, 4 Centerpointe, La Palma, representing BP West Coast Products addcd that their company
maintains a very intensive Alcohol Training Program
and if it is violated by employees, they are immediately dismissed from employment.John
McClendon, 23422 Mill Creek Drive, Laguna Hills, spoke in opposItion to the project;
distributed letters to the Council. He
raised concems regarding maintenance of the roadway,parking, environmental issues, and increased traffic.Siobhan
Byrne, representing GVD Properties, 1915 E. Katella, spoke in opposition to the project.
She raised
CITY COUNCIL MINUTES March 8, 2005
13.PUBLIC HEARINGS (Continued)TAPE 2680
City Attorney, David DeBerry reiterated that the court's decision did not mandate the City being
involved in the road maintenance issue. He stated his belief that there should be an equitable
sharing of the maintenance costs; however, he disagrees with the Court minute order that the
City should act as a referee in determining road maintenance costs. He added that the original
mitigated negative declaration was prepared prior to the requirement for a zone change. It was
later determined that the mitigation measures were actually standard conditions universal to all
projects. Since the initial environmental study did not identify any significant environmental
impacts, according to CEQA a negative declaration is allowed. He added that there isn't a big
difference between the two types of documents with a Mitigated Negative Declaration, if a
specific environmental impact is identified, there is a negotiation between the city and the project
applicant to revise the project or agree to some mitigation measure to reduce the impact to a level
of significance.
Mayor pro tern Cavecche asked if the City could legally condition the applicant to maintain the
road as a condition of their service station proposal, due to the increased use of the roadway.
Mr. DeBerry responded in the affirmative. However, he opined that this would render veto
power to adjoining property owners along the road who could unreasonably require ARCO to
pay a large share of the costs. He reiterated that it should be left up to the private property
owners to decide.
Mayor pro tem Cavecche clarified that the City is aware of the amount of increased traffic that
will occur, and offered that the comer in question is a bad one due to traffic pattems coming off
the 55 Freeway and the backup that occurs there. She questioned if a study of this issue had
occurred. She also clarified her understanding that the 15 parking spaces was a requirement of
the mini-mart operation as opposed to the service
station.Community Development Director, Alice Angus answered that in consultation with the
Traffic Engineer and the Public Works Department it was determined that a full traffic study was
not necessary because of the type of use. The access to the service station and its proximity to
the offramp from the 55 Freeway was evaluated and changes have occurred, moving the access
10-15 feet west of their current location. She delineated the specific traffic flow and parking
options available at this
location.Councilmember Smith asked the applicant if any thought had been given to
making improvements to Villa Park Road for the betterment of the customers and adjoining
property
owners.Mr. Kent Allen answered that the BP West Company is willing to talk about improvements
to the road. He acknowledged the need to improve the road and be good
neighbors.PAGE
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CITY COUNCIL MINUTES March 8, 2005
13. PUBLIC HEARINGS (Continued)
Mr. DeBerry added that he believed that in the past adjacent property owners maintained each
section of the road they owned and this resulted in the lack of a shared-cost
maintenance agreement ever being entered into for the whole
road.MAYOR MURPHY CLOSED THE PUBLIC
HEARING-Councilmember Ambriz commented on the improvements that the new station will bring to
that corner and supports the
project.Councilmember Smith commented on the number of parking spaces being adequate. She
also stated that since Police approval was given to the selling of alcohol, she could also support
that part of the
project.Mayor pro tern Cavecche added that the proposed improvements, including the landscaping,
will improve the area. However, she added that she does not like to approve CUPs for alcohol
sales.She clarified that if she were to vote on the Resolution, her vote would not include the
approval of the
CUP.Councilmember Dumitru addressed the issues with Villa Park Road; noting that the road is
in need of repair. He also stated he could not support the CUP issue of the project due to the
sale of alcohol next to a
freeway.Mayor Murphy stated his support for the project based on the improvements being proposed.
He felt the reorientation of the pump islands along with the 12 parking spaces amounted to
adequate parking. He stated his concern for the road maintenance issue, but felt it is a private
affair.Council
Action ORDINANCE NO.6-OS (
FIRST READING)An Ordinance of the City Council of the City of Orange approving the
reclassification of property from C-l (Limited Business) to C-TR (
Limited Business-Tustin Redevelopment Project Area) to allow the redevelopment of an existing service station
located
at 1935 East
Katella Avenue.Zone Change 1228-04
Applicant: BPWest
Coast Products, LLC
MOTION - Murphy SECOND - Ambriz A YES - Smith,
Ambriz, Murphy, Cavecche
NOES - Dumitru Moved that Ordinance No. 6-05 be read by title only and same was set for second
reading by
the preceding
CITY COUNCIL MINUTES March 8, 2005
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9948
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2409-02, Variance No. 2124-03, Minor Site Plan Review No. 223-02
and Negative Declaration No. 1690-02 to allow the redevelopment of an existing service station and
allow the sale of alcohol beverages (type 20, off-sale beer and wine), upon property
located
at 1935 East Katella Avenue.Applicant:
BP West Coast
Products, LLC MOTION -
Murphy SECOND - Ambriz AYES - Smith, Ambriz,
Murphy, Cavecche NOES -
Dumitru Moved to approve Resolution No. 9948; noting, for the record, that Mayor pro tem
Cavecche voted against the Conditional Use Permit, which allows the sale of beer and wine in
conjunction with the sale of motor
fuel.13.2 TENTATIVE TRACT MAP 16768 - NORTH ORANGE DEL RIO LAND, LLC
T4000.0 TRM-
16768)Time set for public hearing to consider a proposal to subdivide the Del Rio PlannedCommunityintolotsforresidentialdevelopment, a public park, permanent open space and public streets;
and the Del Rio Design Guidelines. The project site is located west of Glassell Street, north
of Lincoln Avenue, and south of the Santa Ana River
Channel.Community Development Director, Alice Angus provided a brief
staffreport.Council Ouestions -
In response to questions by Mayor Murphy, Ms. Angus spoke to Condition No. 85 dealing with
the style of fencing which faces the open space area. She explained that the Police Department
recommended the fencing be of an open nature giving the residents a view of the activities
occurring in the open spaces in an effort to monitor security in that area. She added that the
Community Development Department staff thought it should not be expected that the citizens be
required to conduct surveillance.
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CITY COUNCIL MINUTES March 8, 2005
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche stated her support for the project. She noted her approval of thc
architectural style, clarifying that the backs and the sides of the houses would reflect this
architecture. She also asked if the City monitors the filling, grading and stability of the land; and
what kind of liability does the City have if the land was not filled correctly.
Public Works Director, Harry Thomas explained that the site had a reclamation plan on it back in
1974; and the lead agency to review the reclamation plan was the County. The City is providing
the oversight of the grading and a soils engineer hired by the developer is to prepare reports to
find that the site is suitable for its intended use. The geotechnical firnl certifies that the land has
been correctly prepared for its intended use; the County certifies that the reclamation plan has
been correctly followed. The City does not certify that the land is buildable.
Councilmember Dumitru asked for clarification on the requirement that lots 1 to 14 have an
open-style fence. He added that open fencing diminishes the privacy of the homeowners.
He also asked about traffic
patterns.Ms. Angus responded that the Planning Commission changed the requirement that lots 1,2 and
3 not be required to have open fencing due to their location at the southerly boundary of
the development abutting the park, giving them more
privacy.Mr. Thomas stated that the traffic study did not reflect any cross traffic from the new project
to the east. He added that changes to the traffic management conditions could occur in the future
if a problem
arose.MAYOR MURPHY OPENED THE PUBLIC
HEARING Mr. Frank Elfend, Applicant, submitted recent letters received from neighbors in support of
the project; asked that the condition requiring open style fencing on certain lots be deleted
or modified. He reviewed elements of the 10.5 acre sports park. In response to Council
questions,he noted the park configuration is still in the conceptual stages. It was noted the
multi-purpose room at the proposed park will be similar in size to the one at
Olive Park.Mark Landry, Dunton Street, related his concern with increased traffic and the
proposed signal
on Glassell.Speaking
in Favor:Nanci Townsend, 101 W. Riverdale, President of Tamarind
Homeowners Association;Laurel Mackin, 411
W. Crystalview;Stacy Germain 2723
N. Pampas;Phil Lussier,
3141 Driftwood;Ian Gibson,
3154 Driftwood.MAYOR MURPHY CLOSED THE
PUBLIC HEARING
CITY COUNCIL MINUTES March 8, 2005
13. PUBLIC HEARINGS (Continued)
Council Comments -Council
complimented the developer's team for their proactive approach to meeting with the neighbors;
commented on the development of the park - noting thatit is still in the conceptual stage; commended
the trail system connecting to the existing trails to accommodate the public;and agreed
to remove the restrictions on the fencing.Council Action -
RESOLUTION NO. 9949
A Resolution of
the City Council of the City of Orange approving Tentative Tract Map 16768 to allow the Subdivision
of 73.6 Acres of Land for a Public Park Site, Residential Development,and Permanent Open
Space on property located on the west side of Glassell Street and north of Lincoln Avenue (Del
Rio Planned Community)Applicant: North Orange
Del Rio Land, LLC MOTION - Mayor Murphy
SECOND - Dumitru A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved to approve Resolution No. 9949;
with the deletion of Condition No. 85 relating to open style fencing.14. PLANNING AND ENVIRONMENT -
None 15.
ADJOURNMENT The City Council recessed to
Closed Session
at 9:05 p.m.The City Council adjourned at 9:20
p.m. to an Adjourned Regular Meeting Study Session on Tuesday, March 15,2005, at 6:00
p.m. in the Weimer Room at City Hall to review FY 2005-06 Budget Goals.The next Regular Council
meeting is
scheduled for March 22, 2005.i I c/PAGE 20