HomeMy WebLinkAbout7_26_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON AUGUST 9, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 26, 2005
The City Council of the City of Orange, California convened on July 26, 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 Pastor Dan KeIm, Salem Lutheran Church
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT
ABSENT
Ambriz, Murphy, Cavecche, Dumitru
Smith (Councilmember Smith arrived at 4:45 p.m.)
1.4 PRESENT A TIONSI ANNOUNCEMENTSI INTRODUCTIONS
Presentation of Government Finance Officers Association Distinguished Budget
Presentation Award to Leila Hoopii, Financial Analyst and Barbara Messick, Senior
Assistant to the City Manager.
Employee Service Awards - Thefollowing employees received recognition for their years
of service to the City:Fire
Department -- Suzy Goodrich - 5 years; FrankFrasz - 30 years.Finance Department - Rich Jacobs -
5 years; Josie Kauo - IS years.Police Department - Carolina Andretta - 5 years; Sandra
Taylor - IS years;Scott Trausch - 5years; Jerry Burgess - 30 years.Librarv - Angela
Scherrer - 25 years.Public Works Department - John Nelson - 10 years;
Oswaldo Bernal - IS years;Dave Allenbach - 20
years.Announcement - The City Council will adjourn in memory of long-timeresident David
Hart, "Planning CommissionerEmeritus." The
Council presented a memorial adjournment certificate and City flag to the family
of David Hart.2.PUBLIC COMMENTS - None.PAGE 1
CITY COUNCIL MINUTES July 26,2005
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 July 7, 12, 14, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, July 12, 2005.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
file the City Treasurer's Report, period ending June 30, 2005.3.4 Receive and
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the County of Orange allowing the
County of Orange to resell water to the Orange County Council of the Boy Scouts of
America through a connection at Irvine Park. (A2100.0 Agr-
4724)SUMMARY: The Orange County Council of the Boy Scouts of America is planning
to build an Outdoor Education Camp on property in the unincorporated territory of
the County of Orange adjacent to Irvine Regional Park. Boy Scouts of America has
asked the City to allow it to take water from a hydrant located in Irvine Park and reimburse
the County of Orange for the
water.ACTION: Approved the Agreement between the County of Orange and the City
of Orange for the Resale of Water, and authorized the Mayor and City Clerk to execute
on behalf of the
City.FISCAL IMPACT:
None.PAGE
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CITY COUNCIL MINUTES July 26,2005
3. CONSENT CALENDAR (Continued)
3.6 A First Amendment to an existing professional service contract with a private
consulting firm, WiIldan Associates, to perform the duties of Chief Building Official
including administration and management of the Building Division, including plan
check, permit services, inspection and code enforcement. (A2100.0 Agr-4679.
1)SUMMARY: The goal of the Building Division is to provide quality customer service
at the public counter throughout the business day. The Department has been experiencing
a staff shortage; and the first amendment to the contract will augment this shortage with
the use of a consultant through the end of
August.ACTION: Approved and authorized the Mayor and City Clerk to execute an
amendment to an existing professional service contract with Willdan not to exceed an
additional 30,000, for a total contract amount of $60,
000.FISCAL IMPACT: Funds in the amount of $30,000 are available in the
following account of the Plan Check Administration budget: 100-6033-427800 -
Other
Contractual
Services.BIDS 3.7 Bid No. 056-07; SP-3529; Slurry Seal at Various
Locations, Fiscal Year 2005-06.Approval of plans and specifications; request for
authorization to advertise
for bids.S4000.S.7)SUMMARY: Plans and specifications have been
completed for the annual street maintenance slurry seal at various residential streets
and Old Towne public parking facilities. The project is ready
to be advertised for bids.ACTION: Approved plans and specifications and authorized
advertising for bids for the Slurry Seal at
Various Locations, Fiscal Year 2005-06.
FISCAL IMP ACT: Funds are
budgeted available in
the following accounts:
262-5021-483300-3120 $250,000 540-
5028-481105-9607 $ 80,000 in
the Capital Improvement Program
and are Measure M - Local Street Maintenance)Old Towne Parking Facility)3.8 Rejection of
Bids - Bid No. 056-01; Project No. SP-3519; Public Parking Lot Maintenance
by Slurry Seal
at Various Locations in Old Towne, Fiscal Year 2004-05.P2500.0.9)SUMMARY: The
bids were opened on July 7,2005. Two (2)
formal bids were received for this project for $
77 ,800 and $90,300.ACTION: Rejected all bids received for this
project.FISCAL IMP ACT: Funds are budgeted in the Capital
Improvement Program
CITY COUNCIL MINUTES July 26,2005
3. CONSENT CALENDAR (Continued)
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. Eldon Gramley
b. Pacific Bell
c. June Surmeier
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Public Project Contract Bid No. 045-47, Watermain Renewal for 700
E.Taft Ave. (A2100.0
Agr-4725)SUMMARY: This contract authorizes the construction of 6-inch and
8-inch water lines at 700 E. Taft Avenue to John T. Malloy, Inc. of Los Angeles, CA
90023 who is
the lowest responsible bidder.ACTION: Awarded the contract in the amount of $409,713.00 to
John T. Malloy, Inc.,3032 Bandini Blvd., Los Angeles, CA 90023, and authorized the
Mayor and the City Clerk to execute on
behalf of the City.FISCAL IMP ACT: Funds are budgeted and are available
in the following account:601-8041-484501-
8400
Pipeline Renewal Materials $450,000.00 PURCHASES 3.11 Purchase of print and non-
print materials for Orange Public Library facilities from Baker & Taylor, Inc., in
the amount of $150,000.00. (C2500.I)SUMMARY: Request the City Council
authorize a $150,000.00 purchase order with Baker & Taylor, Inc., for print and
non-print materials (i.e., books, videos, compact disks,computer software, etc.) for the
Taft and El Modena branch libraries and Main Library.ACTION: Authorized
purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of$150,000.00.
FISCAL IMPACT: Sufficient funds exist in
the following
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CITY COUNCIL MINUTES July 26,2005
3. CONSENT CALENDAR (Continued)
3.12 Purchase of print and electronic periodical subscription services for Orange Public
Library facilities from Ebsco Subscription Services, in the amount of $50,000.00.
C2500.I)
SUMMARY: This is a request that the City Council authorize a $50,000.00 purchase
order with Ebsco Subscription Services for print and electronic periodical subscription
services for the Main Library and the Taft and EI 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
50,000.00.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
100-2001-443101-0000 Books $
15,000.00 100-2001-443101-
9320
Electronic Resources $35,000.00 RESOLUTIONS 3.13
RESOLUTION NO. 9990 (T1100.0.2)A Resolution of the City Council of the City of
Orange directing the execution of a Notice of Cancellation of Special Tax Lien
Related to Community Facilities District
No.91-
2 (Serrano Heights
Public Improvements).ACTION:
Approved.MOTION - Ambriz SECOND - Smith AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru All items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR 4.
REPORTS FROM MAYOR MURPHY 4.1 Reappointment of Phillip Bonina to the City of
Orange Planning Commission; term to expire June 30, 2009. (C2500.
G.2.5.
1)MOTION - Dumitru
SECOND - Bonina AYES - Smith, Ambriz, Murphy, Cavecche,
Dumitru Moved to reappoint Phillip Bonina to the City of Orange Planning Commission; term to
expire June 30,
2009.PAGE
CITY COUNCIL MINUTES July 26, 2005
5. REPORTS FROM COUNCIL MEMBERS
5.1 Councilmember Dumitru - Request that the Orange City Council direct staff on proposed
changes to ordinances effecting the parking and storage of recreational vehicles RV). (
A2500.0 ORD-07-
04)Discussion - Councilmember Dumitru stated he wanted to fine tune the RV ordinances. He
detailed the changes he was recommending, including a 20-foot setback from the front
property line with several exemptions for loading and unloading; length of stay within the setback
for visitors; residents who drive RV's as their sole transportation; handicap persons; and
persons owning their property prior to July 7, 1995. He asked that a proposal be brought back to
Council as soon as
possible.Councilmember Smith stated the issue of parking RV's in the City's commercial district
should be addressed as
well.Mayor pro tern Cavecche stated her support for this item if residents owning RV's and
storing them in the correct manner since 1995 are allowed to continue this
practice.
Speakers:Toni Carlton, address on file - Suggested more time was needed to evaluate the current RV
requirements.
William Kerfoot, 1773 Greengrove - Spokein favor of current regulations.Dan
Slater, address on file - Supported thechanges being proposed.Tom Loughrey,
259 N. Orange - Supported adjustments tothe current ordinance.Steve Phillips, 2157
N. Diamond St. - Opposed the changes andstated that input from enforcement agencies is needed.
Mil Thornton, address on
file - Spoke in opposition to the proposed changes.Mayor Murphy suggested staff could
return with a staff report addressing the specific changes for Council to consider.Councilmember
Smith added that she
wanted a hearing rather than a mandate at this time.Councilmember Cavecche suggested that the
staff could bring back a report at the end of August.PAGE 6
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CITY COUNCIL MINUTES July 26, 2005
5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Dumitru SECOND -
Smith A YES -
Smith, Cavecche, Dumitru NOES - Ambriz, Murphy
Moved to direct staff
to report back to Council on August 23, on recommendations/alternatives to amend the Ordinances
regarding commercial district parking of recreational vehicles, and residential setback requirements, including:
Within 20 feet from
the front property line, prohibit parking any recreational vehicle in the front yard area such that
any portion of the vehicle is not within 20 feet of the front property line subject to the following
exemptions:Loading and unloading - persons
may park in that setback area for two days at a maximum, no more than four
times a month, related to activity of unloading and loading, incidental for preparing for
travel or returning from travel. Extensions can be granted via the City Manager
or his designee. Those extensions would not occur more than two times within 12
months;If this is a person'
s sole means of transportation. A permit may be obtained for persons residing at the residence or
are handicap who use the RV as their sole means of transportation;Visitors to the area,
not
to exceed two days in length in the setback area;Persons that were compliant with
the 1995 Ordinance, and can show proof via registration of property-land and
RV, that they owned prior to July 7,1995 would be exempt; and that the
exemption would not be transferred to new ownership or to new properties.6. REPORTS FROM
BOARDS,
COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS 7.1
Report from Community
Development Director regarding Transportation Planning Project Grant and appropriation offunds. (
S3500.A.I0)SUMMARY: In October 2004 the
Community Development Department applied for a Community-Based Transportation Planning Grant
offered by the California Department of Transportation (Caltrans) to fund
an update to the Santa Fe Depot Specific Plan. The City has been awarded $232,072
for the project. The City Council must adopt a Resolution authorizing the City Manager to
accept the funding in accordance with Caltrans procedures.Discussion - Community Development Director,
Alice Angusreported that Acting Principal Planner, Anna Pehoushek had initiated
the grants which require the City's commitment to spending the money toward transportation-
related planning and community outreach.PAGE 7
CITY COUNCIL MINUTES July 26, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Cavecche asked if the City had received the Reduce Orange County Congestion
grant money awarded by the Council of Governments in December, 2004; and commended staff
on the report. She also wanted to ensure that the City worked with Chapman University as a
partner in this proj ect.
Ms. Pehoushek indicated that the money should be received through Caltrans in the month of
August; and noted that Chapman University is a key player in this project.
Councilmember Smith asked about the timing of the Specific Plan and the General Plan
adoption; about the recipient of the money; as well as requesting the community be involved as
much as possible in this plan. She added that this plan should be Orange's plan for its depot, not
a reaction or immediate response to neighboring Chapman University's plan. She requested
some of the money be spent on advanced noticing of meetings and workshops and added the
need to review how quiet-zone intersections could be worked into this plan, as well as
retail expansion needs; parking difficulties in the Old Towne area and affordable housing
issues.Ms. Pehoushek indicated that the General Plan would be adopted first followed by this
Specific Plan. She added that the funding would go to the project consultant team, looking
at infrastructure issues, fiscal issues and different areas to be studied by the experts on the
team.Councilmember Ambriz asked when the City received notice of the award. He also noted
the tie between the General Plan and this Specific Plan. He further asked about the number
of consultant agreements coming before Council to complete the eight tasks to be
accomplished,specifically relating to the tasks of public noticing; indicating a concern with using
consultants for public relations and noticing. He also asked about the deadline for the completion of
the proj
ect.Community Development Director, Alice Angus indicated that $60,000 must go
toward community outreach, which should guarantee a more successful plan. She indicated that the
idea is to hire a company, who will hire sub-consultants, who can address all aspects of the
eight tasks to be accomplished. It was reported that the City has a year and a half to complete
the project.Mayor pro tem Cavecche asked that the Council be briefed on the plan as
it develops.Councilmember Smith asked that the RFP require the consultant to possess
knowledge of historic districts; infill projects; and
adaptive reuse.RESOLUTION
NO. 9993 A Resolution of the City Council of the City of Orange authorizing the City Manager to
accept a Community-Based Transportation Planning Project Grant for $232,072
from the California Department of Transportation, Division of Transportation Planning (
Caltrans) and appropriate the funds to pay for an update to the Santa Fe
Depot Specific
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CITY COUNCIL MINUTES July 26,2005
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Smith SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approved
Resolution No. 9993; and authorize an appropnatlOn of $393,072 as follows: $232,072
from 100-6011-263100-9799 (Caltrans Grant Revenue) and $161,000 from
100-6011-264600-9799 (County Grant Revenue)
to 100-6011-426700-9799 (Professional Services for
Santa Fe Depot Specific Plan Update).7.2 Report from the Interim Economic
Development Director on an Affordable
Housing Loan Agreement. (A2100.0 Agr-4726)SUMMARY: Orange Housing
Development Corporation (OHDC) plans to acquire and rehabilitate a 10-unit apartment building
located at 1944 East Wilson Avenue. The total estimated cost of the project is $1,971,565.
Under the terms of the proposed Affordable Housing Loan Agreement, the City will provide $1,145,574
in federal HOME funds and the Agency will provide $499,057 Housing Set-Aside funds in the
form of a 55-year loan. In return for the assistance, the units would
remain affordable
to very low and moderate-income households for
a 55-year period.See Redevelopment Agency Minutes Item No. 7.1)Speaker -
Toni Carlton, address on file, spoke in support of this item.Mayor Murphy stated that
these types of projects are very important to the City; that rehabilitation of the older housing stock
and it remaining
affordable for 55
years is a huge benefit to the community.RESOLUTION NO. 9994 A Resolution of the City
Council of the City of Orange approving an Affordable Housing Loan Agreement by
and among the City of Orange, Orange Redevelopment Agency and Orange
Housing
Development Corporation regarding
1944 East Wilson
Avenue and making certain findings.MOTION - Murphy SECOND -
Dumitru A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to adopted Resolution No. 9994; transfer $ I
0 I ,682 from account 317-9660-485100- 12 10 HOME Community
Housing Development Organization [CHDO] Funds) and $1,043,892
from account 317-9660-485100-1250 (HOME Developer Funds) to account number 317-
9660-485702-9219 (HOME - Wilson Avenue 3 Conditional Grant/Loan project account) for
the project. [City]; and transfer $499,057 in Set-Aside funds (Fund
941) from
unappropriated reserves
CITY COUNCIL MINUTES July 26, 2005
8. REPORTS FROM CITY MANAGER - Mr. Sibley briefly reported on the benefits of the
low-income housing project on East Wilson.
9. LEGAL AFFAIRS - None.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The
City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:a.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary.Employee
Organizations:Orange
Maintenance & Crafts Employees' Association;Orange
Management Association;Orange
Municipal Employees' Association;Water
Department Employees Association; and Firefighters
Association b.
Public Employee Appointment/Recruitment pursuant to Government Code 954957.Title:
City Manager Public
Works Director c.
Conference with legal counsel - existing litigation, pursuant to Government Code 954956.9:
City of
Orange v. JeffHambarian, Case No. OCSC 807419 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 ANNOUNCEMENTS -Mayor
Murphy announced
that in closed session, the City Council unanimously appointed Interim City Manager,
John Sibley as the City Manager and welcomed John in his new capacity.Mr. Sibley thanked
Council and stated his desire to do the very best job possible as the Orange City Manager.Mayor
Murphy announced
that Councilmember Ambriz is absent due to traveling to represent Orange at a
conference. He also indicated that mayor pro tern Cavecche recused herself from hearing the appeal,
Item 13.1, due to a conflict of interest.PAGE 10
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CITY COUNCIL MINUTES July 26,2005
12. PUBLIC COMMENTS
Anja Friday, 731 W. Cully Dr. - Spoke in opposition to the General Plan proposal to rezone their street
from Residential to Light Industrial.Dorthy
Stewart, address on file - Requested Counciladdress the apartments bounded by Glassell, Hoover
and Adams, indicating that this area was a blighted area.Reggie Mundekis,
2908 E. Wilson - Spoke on allegedcuts to the Code Enforcement Division's 05-06 budget;
requesting an audit to be performed and made available to the public.13. PUBLIC
HEARINGS 13.1
APPEAL NO. 501-05 - CONDITIONAL USE PERMIT (CUP) 2511-04 -CREEKSIDE CHRISTIAN
SCHOOL. (A4000.0 APP-501-05)
Time set for public hearing to consider an appeal, by Michael Worcester, of the Planning
Commission's decision to adopt Mitigated Negative Declaration No. 1748-05 and approve
CUP No. 2511-04; a proposal to expand the current private school use of a developed
property from 75 students to 150 students in grades K-8, by utilizing the existing
classrooms and grounds maintained by a church (First Christian
Church of Orange).NOTE: Negative Declaration No. 1748-05 was prepared to
evaluate the potential environmental impacts of the proposed project in accordance with the
provisions of the
California Environmental Quality Act.Reason for Appeal: "A conditional use permit shall not be granted if
it will cause deterioration
of bordering land uses.In one years time the number of children has increased from 20 (1/2 day)
to 75 (all day)and now to 150 (all day). This is a greatly expanded and
intensified use and significantly impacts the neighbors'
privacy and noise environments.The proposed mitigation for privacy (Condition No. II) is
inadequate and not permanent.Noise impacts never considered the
changes inambient environment."Discussion - Community Development Director, Alice Angus gave a brief staff
report on the Planning Commission's approval of the CUP and indicated that the
Commission's resolution contained 12 conditions for the approval, including a wall on the
eastern and southern boundaries; and landscaping to buffer the noise and offer privacy to
the neighboring homes affected by the expansion of the school's population. Also included are the
earliest possible start and dismissal times-staggering times with the neighboring
Cambridge Elementary School's times; as well as times for drop-off and pick-up
of students. She reported that technical consultants prepared a traffic and noise study; and that the
noise
did not
CITY COUNCIL MINUTES July 26,2005
13. PUBLIC HEARINGS (Continued)
Council Ouestions
Councilmember Dumitru asked when the original CUP had been granted for the educational
institution; and if that CUP had been updated since the original issuance.
Ms. Angus reported that the school was granted a CUP in 1975; that an update has not occurred
since; and that there were only a few conditions imposed in 1975.
Councilmember Smith asked for information about the church's current fence.
Ms. Angus stated that the church's block wall has a damaged segment, and an unfinished
segment, as well as segments of differing heights. She added that First Christian Church of
Orange has entitlement to the land and is responsible for the maintenance of the block wall
fence.
THE MAYOR OPENED THE PUBLIC HEARING
Appellant - Mike Worcester stated that his appeal was an attempt to fine tune the CUP to be more
acceptable to the neighborhood. He indicated that in 1960 when the church was built, the five-
foot wall was a requirement to be built along the eastern border of the property. In 1975, the
back wall was raised to five and a half feet to accommodate the new school.
He addressed the need for the wall and the landscaping to mitigate the impacts on neighbors'
back and front yards, as the landscaping will take too long to function as the buffer it is designed
to be. He added that the solution provided by a hired consultant was determined to be an eight-
foot wall. He requested this modification to Condition No. 12 of the CUP. He added that this
would nullify the need for landscaping.
Mr. Worcester, in response to Councilmember Smith who asked if the neighbors had considered
paying for some of the cost of the eight-foot fence, indicated that the additional wall is driven
by the intensity of the proposed expansion and the church should bear the cost of the
additional
wall.Applicant - George Bragg, Chairman of the Board of Trustees of Creekside School, stated that
currently 30 of the 104 students are housed at another facility due to lack of space. He further
summarized the process the school has followed in obtaining the Planning Commission's
approval of the CUP, adding that the cost for the mitigation plans amounts to approximately
100,000. He compared the exterior chain link fence of the public school across the street, with
an estimated enrollment of 400-600 students, to the requirement for the block wall at
Creekside School; requesting that no more burden be placed on Creekside School beyond the
approved CUP conditions. He further requested that the same amount of time, 100 days, be given to
the school to complete the mitigation measures, yet still allow the school to open on September
7.PAGE
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CITY COUNCIL MINUTES July 26,2005
13. PUBLIC HEARINGS (Continued)
Speaking in support of the school:
Joe Perring, 1130 E. Walnut
Jason Burris, 5809 E. San Juan
Claudia Burris, 5809 E. San Juan
Marilyn Buchtel, 1439 E. Rose
Danielle Jacobs, 560 N. Milford
Wayne Arnold, 2334 N. Rockridge
Marci Claudius, 1108 W. Trinity
Richard Vogel, 9272 Tritt Circle, Villa Park
Tim Kistler, 6401-54 E. Nohl Ranch
Road Rich Martin, 5321 Strasbourg,
Irvine Darrell Williams, 1910 W. Palmyra
Avenue Judith Hollister Kenney, 700 W. La Veta
Avenue Speaking in support of the
appeal:Jim Gary, 1107 E.
Sycamore Councilmember Smith asked for clarification on the height of the wall, suggesting that the
school could build a seven-foot high wall; and stated that the condition allowing only 55 students
use of the playground at a time elongated the timeframe
for noise.Appellant, Mike Worcester indicated that it would take three more layers of bricks to
get an eight-foot wall. He indicated that the neighbors are not opposed to the
school opening on September 7, but the request is for reduction in noise by approving the CUP with
the change in the mitigation to require an eight-foot wall. He added that if the wall is not
eight feel then the landscaping is necessary for privacy issues also; and reiterated that it is
unreasonable to ask the neighbors to help
pay for the wall.THE MAYOR
CLOSED THE PUBLIC HEARING Councilmember Dumitru asked about the process for
an eight foot wall City Attorney, David DeBerry indicated an eight foot wall would
require a Variance, which would need to go back through the Planning
Commission for a hearing.Mayor Murphy noted that the City has no jurisdiction over the
public schools. However, the City can place conditions on private schools. He noted there seems to be a
desire for an eight-foot wall, but not to share the cost on the part of the neighbors. He
also reiterated that the Planning Commission approved the CUP with the six-
foot wall and landscaping conditions,which meets the requirements. He suggested that the school be allowed to
open on time while an 8-foot wall is discussed. He suggested the school and the neighbors
get together to work out the 8-foot wall and landscaping issue and the costs involved.
He added that the criteria for the
Negative Declaration
CITY COUNCIL MINUTES July 26,2005
13. PUBLIC HEARINGS (Continued)
Councilmember Smith stated her concern that a higher-than six-foot fence
would create problems for the Police Department-adding that a seven-foot fence might
be a better option.She then stated her agreement with the time extension for the school to
build the wall; suggested a sharing of the cost and/or fundraising; asked if an eight-foot wall
was required along the entire eastern boundary; and suggested the names of a few fast-growing
shrubs; as well as stated a desire to know the Police Department'
s thoughts about an eight-foot wall.Ms. Angus responded that the need was not for
a sound-mitigating wall, but rather
to provide privacy, aesthetics, and address visibility concerns.Councilmember Dumitru agreed to the September 7th
start date for the school. He asked for clarification on the parking lot meeting
the minimum requirements for parking for the larger school operation; and how the traffic situation will impact
the neighborhood;
as well as a need to maintain landscaping.Ms. Angus responded that there is more than
adequate parking and the traffic study revealed no significant impacts on Walnut Avenue. She added that
the report revealed the need for a drop-off/pick-up plan at Walnut to
be striped and monitored. She added that the Planning
Commission decision called for a landscape plan, including maintenance.Mayor Murphy stated his desire to approve the CUP
with direction to the parties to work out the extra two-feet height, along with an
allowance for a longer period of time to complete these issues, as
well as allow
the school to
open on September 7th.MOTION -
Murphy SECOND - Smith AYES -
Smith, Murphy, Dumitru ABSENT - Ambriz, Cavecche
Moved approvalof
Negative Declaration1748-
05.MOTION - Murphy SECOND - Smith
AYES - Smith, Murphy, Dumitru
ABSENT - Ambriz, Cavecche Moved to deny the appeal and maintain the current CUP language with
the following changes:the wall requirement to be implemented to a date that reflects the findings of
this hearing rather than the date that was originally established by the Planning Commission; provide
an option to both the Appellant and the Applicant to come to an agreement within the next 30 days
on a cost sharing proposal for an eight-foot fence; if an eight-foot fence
is agreed upon, the landscaping conditions can be relaxed. Direct Staff to get an opinion
from the Police Department, Crime Prevention Bureau, on any potential issues involving an eight-
foot fence; and to assist both parties with the process of a variance if an eight-foot
fence is desired, allowing
the school
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CITY COUNCIL MINUTES July 26,2005
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT The
City Council adjourned at 9:00 p.m. in memory of David Hart.meeting
is scheduled for August 9, 2005.The
next Regular Council Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting
of July 26, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park;
all of said locations being in the City of Orange and freely accessible to members of the public at least
72 hours before commencement of said regular meeting; and available at the Civic Center City Clerk'
s Office.MARY:
E. MURPHY CITY
CLERK PAGE
15