Council Minutes 04/23/13APPROVED BY THE CITY COUNCIL ON MAY 14, 2013
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 23, 2013
The City Council of the City of Orange, California convened on April 23, 2013 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
NOTE: Mayor Smith called for a time of silence honoring the Boston Marathon
bombing victims, their families and those lost in the West, Texas fires..
1.1 INVOCATION
Given by Pastor Eric Turbedsky, Sovereign Grace Church OC
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis R. Bilodeau
1.3 ROLL CALL
PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Donation by Orange Public Library Foundation to the City of Orange
Presentation of Donation by Friends of the Orange Public Library to the City of Orange
Welcome to Rotary Exchange Student Group from Finland
Presentation of Orange International Street Fair Annual Report
Presentation of Proclamation Declaring April 27, 2013 as Arbor Day
Presentation of Proclamation Declaring April as Public Safety Telecommunicator's Week
Presentation of Proclamation Honoring Police Department Volunteer Ron Sands
Recognition of Employee Service
2. PUBLIC COMMENTS —
Debra Ashby — Air Quality Management District, Asked for Council's help in selecting
groups to honor for air quality improvements. She also announced the electric lawn
mower replacement program.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
April 23, 2013
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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated March 21 and 28, and April 4 and 11, 2013.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of March 12, 2013 (Continued from
March 26, 2013) and Regular Meeting of March 26, 2013. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with Pyro Spectaculars to provide Fireworks Display at the Annual 3`
of July Celebration, in an amount not -to- exceed $16,000.00 per year. (A2100.0
Agr- 3516.M)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
APPROPRIATIONS
3.5 Funding for attendance at the Access Data Users Conference and the SANS
Security West Conference for Updates on Computer Crime and Computer
Forensic Investigation Solutions. The courses will provide training towards
obtaining certification in the processing of digital evidence. (C2500.K)
ACTION: Appropriated $7,300.00 of Federal Asset Forfeiture monies to Account No.
355- 4011 -51830 (Overnight Training) to fund these classes.
3.6 Appropriation of Donation from the Orange Public Library Foundation (OPLF).
(C2500.I)
ACTION: 1) Accepted a $22,500.00 donation from OPLF into Account No.
100.2001.48390.19322 (Library Foundation Donations); and 2) Appropriated funds
into Account No. 100.2001.53301.19322 (Library Book Budget — Foundation).
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CITY COUNCIL MINUTES April 23, 2013
3. CONSENT CALENDAR (Continued)
3.7 Appropriation of Donation from the Friends of the Orange Public Library
(FOPL). (C2500.I)
ACTION: 1) Accepted a $30,200.00 donation from FOPL into Account No.
100.2001.48390.19990 (FOPL Donation); and 2) Appropriated and distributed funds:
100.2016.51670.19990—FOPL Donation -Adult (Digitization Local History) $10,000
100.2017.53340.19990 — FOPL Donation (Juvenile & Teen Craft Supplies) $5,750
100.2016.53340.19990 — FOPL Donation (Adult Craft Supplies) $500
100.2001.53301.19990 — FOPL Donation (Electronic Resources) $1,950
100.2004.53345.19990 — FOPL Donation (Book Processing Supplies) $2,500
100.2017.55131.19990 — FOPL Donation (Furniture, Machinery, Equipment) $9,500
BIDS
3.8 Bid No. 123 -31; Approval of plans and specifications, and request authorization to
advertise for bids for construction of the Batavia Street and Water Street Storm
Drain Improvements Project. (C2500.M.17)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Batavia Street and Water Street Storm Drain Improvements Project.
3.9 CLAIMS (C3200.0)
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. Danny Rodriguez
b. Shannon Kelly
C. Wilhelmina Zuckerman
d. Julie Bahbah
e. Susan Karchefski
f. Ellen E. Soria
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid No. 112 -21; Old Towne Street Lighting Improvements,
FY 2011 -2012 performed by Flatiron Electric Group, Inc.; and authorization to
file the Notice of Completion with the County Recorder. (A2100.0 Agr -5910)
ACTION: Accepted public work improvements, authorized release of Liberty Mutual
Insurance Company of Massachusetts, Bond No. 015037689 in the amount of
$191,838.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
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CITY COUNCIL MINUTES April 23, 2013
3. CONSENT CALENDAR (Continued)
3.11 Final Acceptance of Bid No. 123 -15; Upper Serrano Paving and Fencing Project
(W -662) performed by United Paving Company; and authorization to file the
Notice of Completion with the County Recorder. (A2100.0 Agr -5966)
ACTION: Accepted public work improvements, authorized release of Merchants
Bonding Company, Bond No. CAC710577 in the amount of $110,484.40 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
3.12 Award of Contract — Bid No. 123 -01; Federal Highway Safety Improvement
Program 4- Street Solar Powered Radar Speed Feedback Signs to Siemens
Industry, Inc., in the amount of $211,625.00. (A2100.0 Agr -5984)
ACTION: 1) Appropriated $41,000.00 from unreserved Fund 272 to Account No.
272.5032.56100.20065 (4- Street Radar Feedback Signs); and 2) Awarded the contract
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.13 Award of Contract — Bid No. 123 -02; Federal Highway Safety Improvement
Program 3- Street Solar Powered Radar Speed Feedback Signs to Siemens
Industry, Inc., in the amount of $170,750.00. (A2100.0 Agr -5985)
ACTION: 1) Appropriated $13,100.00 for unreserved Fund 272 to Account No.
272.5032.56100.20064 (3- Street Radar Feedback Signs); and 2) Awarded the contract
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.14 Award of Contract — Bid No. 123 -25 for Reservoirs 1 and lA Paving Project (W-
658) to Universal Asphalt Company, Inc., in the amount of $94,199.46. (A2100.0
Agr -5986)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute
on behalf of the City.
PURCHASES
3.15 Purchase of a Heavy -Duty Vehicle through a Cooperative Purchasing Agreement
with Roadline Products, Inc., in the amount of $124,200.00 (C2500.M)
ACTION: Authorized the purchase of one CNG powered heavy -duty truck from
Roadline Products, Inc. and authorized the City Manager to surplus the replaced
vehicle.
REPORTS
3.16 Adoption of the City of Orange Public Works Department Standard Plans and
Specifications, 2013 Edition. (C2500.M)
ACTION: Approved.
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CITY COUNCIL MINUTES April 23, 2013
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.17 RESOLUTION NO. 10710 (S4000.0)
A Resolution of the City Council of the City of Orange Accepting Certain Roads and
Streets into the City Street System.
ACTION: Approved.
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.18 Award of Contract to Aramexx Construction for Planter Repair at 230 E.
Chapman Avenue. (A2100.0 Agr -5987)
ACTION: 1) Awarded a Contract in the amount of $43,989.00 to Aramexx
Construction; and 2) Authorized the Chairperson and Successor Agency Clerk to
execute on behalf of the Successor Agency.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR SMITH — Mayor Smith announced that the City's 125
birthday celebration on April 6 th was a huge success and thanked the staff and volunteers
involved for their efforts leading to a great celebration.
5. REPORTS FROM COUNCILMEMBERS — None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS — None
April 23, 2013
8. REPORTS FROM CITY MANAGER — City Manager John Sibley reported that the
Old Towne Plaza area is experiencing problems with signs and outdoor vendors. He stated that
with the down economy, the requirements of the sign ordinance had been relaxed; however, in
order to address the current problems, a review of the sign ordinance is necessary. He stated
that the revisions would be brought back to Council.
Councilmember Alvarez suggested reactivating the Old Towne Steering Committee which
consisted of property owners, merchants, and homeowners. He encouraged participation by all
stakeholders in reviewing the problem and creating solutions. He also noted the lack of
parking.
Councilmember Murphy agreed to the review of the ordinance to 1) address signage, and 2)
decide on optimum solutions for downtown.
Mayor Smith mentioned the existence of a parking committee that has had success in the past
with parking issues. She spoke of the future 600 -space parking structure, and that she too has
had merchants complain of the intrusive signs. She suggested looking at the history of the Old
Towne Steering Committee.
9. LEGAL AFFAIRS
9.1 ESTABLISHMENT OF A SALES TAX SHARING PROGRAM.
ORDINANCE NO. 04 -13 (FIRST READING) (A2500.0 Ord -04 -13 Sales Tax Sharing)
An Ordinance of the City Council of the City of Orange adding Chapter 3.25 to Title 3 of the
Orange Municipal Code Relating to the Establishment of a Sales Tax Sharing Program.
Discussion — Interim Economic Development Manager Lisa Kim provided a staff report.
Mayor Smith stated that without redevelopment money, financial assistance to businesses is
not a possibility, and that this program is an alternative opportunity.
Councilmember Murphy stated that Council had been provided with a revised draft of the
ordinance, adding that the ordinance would memorialize a past practice that resulted in
financial help to the businesses.
In response to questions from Council, Ms. Kim described the different programs in other
Orange County cities that accomplishes this same assistance. She explained the process
followed for businesses to participate in the program, emphasizing that the City would not pay
out the shared money without proof from the business that they are performing.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS (Continued)
April 23, 2013
Council requested a flow chart of the process, creation of an application, and documented
standards to verify performance before any revenue is shared.
MOTION - Murphy
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 04 -13 be read by title only and same was set for second reading by
the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 FY 2013 -14 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM; AND HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM.
(A2100.0 Agr- 3218.N; 3987.N)
Time set for a public hearing to consider allocation of CDBG funds; and allocation of HOME
funds for affordable housing projects. Staff has conducted the FY 2013 -14 CDBG funding
process in conjunction with the CDBG Program Committee. HUD has not yet notified the City
of its FY 2013 -14 CDBG allocation. The estimated budget is $1,206,478. This total includes
the estimated FY 2013 -14 grant in the amount of $1,081,478 and unexpended prior year
CDBG funds in the amount of $125,000.00 that would be re- budgeted for FY 2013 -14.
Discussion — Housing Manager Mary Ellen Laster provided a staff report, stating that the
amount anticipated is 5% lower than last year's allocations; and that the exact amount that will
be received from HUD is not known at this point.
Councilmember Whitaker inquired about restoring funds to the Police Bike Team should the
City receive additional funds.
Mayor Smith stated that distribution can be formulated at the decreased amount, but if lower,
suggested reducing the amount to each awardee by that percentage. However, if the amount
received is higher, suggested awarding the overage to an additional organization.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers —
Barbara Shull, Executive Director, Fair Housing Foundation, spoke in favor of the CDBG
recommendation to contract with the Housing Foundation for tenant /landlord mediation, and
responded to questions from the Mayor;
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CITY COUNCIL MINUTES April 23, 2013
11. PUBLIC HEARINGS (Continued)
Debbie Schultz, Paint Your Heart Out, thanked the CDBG committee for funding
recommendation
Tracie Melton, La Brie Property Management, urged the Council to re- consider choosing the
Fair Housing Foundation;
Denise Cato, Fair Housing Council, urged the Council to re- consider choosing the Fair
Housing Foundation;
Oscar Rodriguez, Property Manager, urged the Council to re- consider choosing the Fair
Housing Foundation;
Nancy Ahlswede, urged Council to re- consider choosing the Fair Housing Foundation, adding
that they just lost the contract with Los Angeles City and County;
Charlotte Vaughn, Assistance League of Orange, thanked CDBG committee for the funding
recommendation of their School Bell program.
Ms. Laster responded to questions from Council regarding the decision to switch from the Fair
Housing Council to the Fair Housing Foundation. She also stated that HUD does not front
money to agencies, but reimburses them once they receive documentation of amount expended.
THE MAYOR CLOSED THE PUBLIC HEARING
Mayor Smith suggested that if additional funding is received, that the priority be given to the
Police Bike Team, the Mariposa Women and Family Center, and the Friendly Center to receive
the funds, in that order.
Council discussed supporting the recommendation made by the CDBG committee and staff to
contract with the Fair Housing Foundation over the Fair Housing Council, rather than giving
the Fair Housing Council more time to correct their deficiencies.
MOTION - Smith
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of the four recommendations below, adding that should the City receive
additional funding, the distribution priority be 1) Police Bike Team, 2) Mariposa Women and
Family Center, and 3) the Friendly Center.
1) Approve the funding recommendations of the CDBG Program Committee for the City's
FY 2013 -14 CDBG Program;
2) Authorize staff to adjust the funding recommendations proportionately if necessary after
HUD notifies the City of its actual entitlement amount;
3) Authorize staff to request and receive its FY 2013 -14 CDBG entitlement from HUD, and
re- budget $125,000 of unexpended prior year CDBG funds for FY 2013 -14; and
4) Authorize the City Manager or his designee to execute FY 2013 -14 Memoranda of
Understanding with City Departments, Sub - recipient Agreements with nonprofit agencies, and
all related CDBG Program documents.
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
April 23, 2013
PROJECTS /PROGRAMS
Amount
Requested
Committee
Recommendation
ADMINISTRATION
Estimated 20% Budget Cap $216,296
City Departments
Community Development
Program Administration (wlFair Housing Foundation Contract)
$
191,774
$
191,774
Program Administration (w /0C Fair Housing Council Contract)
193,736
0
City Departments Administration Subtotal (w/FHF Contract)
$
191,774
$
191,774
City Departments Administration Subtotal (w /OCFHC Contract)
$
193,736
N/A
Nonprofit Agencies
Fair Housing Foundation
$
24,522
$
24,522
Orange County Fair Housing Council
22
0
Nonprofit Agencies Administration Subtotal (w/FHF Contract)
$
24,522
$
24,522
Nonprofit Agencies Administration Subtotal (w/OCFHC Contract)
22,560
N/A
ADMINISTRATION TOTAL
$
216,296
$
216,296
PUBLIC
FACILITIES /IMPROVEMENTS/REHABILITATION
;
Estimated Budget = $827,960 (FY 2013 -14 Allocation Balance of $702,960 +
Rebud eted Funds of $125,000)
City Departments
Public Works (projects listed in priority order)
Palm Avenue Overlay - Main Street to Batavia Street
<1,353>
$
260,471
$
259,118
James Street Overlay - Chapman Avenue to Palmyra Avenue
151,125
151,125
Victoria Drive Reconstruction - Mayfair Avenue to North End
91,644
91,644
Shirley Drive Reconstruction - Mayfair Avenue to North End
91,644
91,644
Malena Drive Overlay - Chapman Avenue to North End
154,394
154,394
Bennett Avenue Overlay - Malena Drive to West End
25,463
25,463
Sherman Avenue Overlay - Malena Drive to West End
24,872
24,872
ADA Wheelchair Access Ramps - Various Locations (withdrawn
by PW)
120,000
0
City Departments Facilities /Improvement /Rehabilitation Subtotal
$
919,613
$
798,260
Nonprofit Agencies
Helping Our Mentally Ill Experience Success, Inc.
Riley House Rehabilitation
$
9,700
$
9,700
Paint Your Heart Out, Inc.
Orange Paint Day
30,000
20,000
Nonprofit Agencies Public Facilities /Improvements /Rehabilitation
Subtotal
$
39,700
$
29,700
PUBLIC
FACILITIES AWROVEMENTS /REHABU TTATION
TOTAL
$
959,313
$
827,960
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CITY COUNCIL MINUTES
11. PUBLIC HEARINGS (Continued)
April 23, 2013
PROJECTS /PROGRAMS
Amount
Requested
Committee
Recommendation
PUBLIC SERVICES
Total Estimated Amount Available
$ 1,206,478
Estimated 15% Budget Cap = $162,222
City Departments
Community Services
After-School Community Programs
$
43,170
$
43,170
Police
Bike Team Program
<5,948>
120,000
114,052
City Departments Public Services Subtotal
$
163,170
$
157,222
Nonprofit Agencies
Assistance League of Orange
Operation School Bell
$
5,000
$
5,000
Council on Aging Orange County
Long -Term Care Ombudsman Program
20
0
Friendly Center, Inc.
Emergency Assistance and Supplemental Food Programs
10,000
0
Mariposa Women and Family Center
Community Counseling Program
10
0
Nonprofit Agencies Public Services Subtotal
$
45,000
$
5,000
PUBLIC SERVICES TOTAL
$
208,170
$
162,222
GRAND TOTAL
$
1,383,779
$
1,206,478
FY 2013 -14 Estimated Grant
(Assumes 5% Less than FY 2012-13 Grant o $ 1,138,398)
$ 1,081,478
Prior Year Funds Rebud eted for FY 2013 -14
125,000
Total Estimated Amount Available
$ 1,206,478
The City receives an annual HOME Investment Partnerships (HOME) grants from the U.S.
Department of Housing and Urban development (HUD). HUD has not notified the City of its
FY 2013 -14 HOME entitlement amount. The estimated HOME grant will be $289,290. As in
previous years, staff is proposing to allocate the funds for affordable housing projects that are
identified during the year, subject to City Council approval.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to:
1) Authorize staff to adjust the HOME allocations after HUD notifies the City of its actual
entitlement amount;
2) Authorize staff to request and receive its FY 2013 -14 HOME entitlement from HUD;
3) Authorize the City Manager or his designee to execute the FY 2013 -14 HOME Program
Grant Agreement and all related documents on behalf of the City.
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CITY COUNCIL MINUTES April 23, 2013
11. PUBLIC HEARINGS (Continued)
11.2 LINCOLN AVENUE SIDEWALK PROJECT. (N1200.0)
Time set for a public hearing to consider Mitigated Negative Declaration No. ENV 1833 -13
and a Mitigation Monitoring and Reporting Program for the Lincoln Avenue Sidewalk Project,
providing a continuous pedestrian pathway on the North Side of Lincoln Avenue easterly of
Orange -Olive Road to Olive Street, and approving Preliminary Plans, and making certain
findings.
Discussion — Public Works Director Joe DeFrancesco gave the staff report.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
RESOLUTION NO. 10709
A Resolution of the City Council of the City of Orange approving and adopting Mitigated
Negative Declaration No. ENV 1833 -13 and a Mitigation Monitoring and Reporting Program
for the Lincoln Avenue Sidewalk Project, approving Preliminary Plans therefore, and making
certain findings in connection therewith.
MOTION - Bilodeau
SECOND - Alvarez
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved approval of Resolution No. 10709.
12. RECESS TO CLOSED SESSION - The City Council recessed at 6:45 p.m. to a
Closed Session for the following purposes:
NOTE: City Attorney Wayne Winthers announced that Item a. would not be discussed.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager,
Steven Pham, Human Resources /Employee Relations Director, and Mike Harary,
Assistant Human Resources Director.
Employee Organizations: City of Orange Police Association and City of Orange Police
Management Association.
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a): Vasquez v. Rackauckas, et. al. USDC Case No. SACV09 -1090 VBF
(RNBx)
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.
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CITY COUNCIL MINUTES
7:00 P.M. SESSION
April 23, 2013
Mayor Smith announced that Saturday is an Arbor Day celebration. To assist with planting
trees contact the City's Public Works Department. She also thanked the participants in the
City's 125 birthday celebration.
13. PUBLIC COMMENTS - None
14. PUBLIC HEARINGS
14.1 LEMON STREET CORRIDOR ZONE CHANGE. (Z1500.0)
Time set for a public hearing to consider Ordinance No. 3 -13 approving Zone Change 1269 -13
to rezone properties in the portion of the Lemon Street Corridor 2010 General Plan Land Use
Focus Area on the west side of Lemon Street, south of Hoover Avenue and north of Collins
Avenue to Multiple Family Residential (R -3), Light Manufacturing (M -1), and Industrial
Manufacturing (M -2) in order to achieve consistency between existing General Plan land use
designations and zoning in accordance with State law.
NOTE: Councilmember Whitaker recused himself due to a possible conflict of interest with
his employment, and left the dais.
Discussion — Principal Planner Anna Pehoushek gave a staff report, and stated that the legal
non - conforming status would be covered by the 2010 Orange Municipal Code amendment
addressing this issue.
THE MAYOR OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING
1) Find that the proposed zoning changes are within the scope of the previously- approved
2010 General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that
the Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required; and
2) ORDINANCE NO. 03 -13 (FIRST READING)
An Ordinance of the City Council of the City of Orange Approving Zone Change 1269 -13,
Rezoning Properties in the Lemon Street Corridor 2010 General Plan Land Use Focus Area to
Residential Multiple Family (R -3), Light Manufacturing (M1), and Industrial Manufacturing (M2)
to Establish Consistency between the Medium Density Residential, Light Industrial, and Industrial
General Plan Land Use Designations and Zoning Classification in Accordance with State Law.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Smith, Murphy, Bilodeau
ABSENT (RECUSED) - Whitaker
Moved findings in Recommendation No. 1, and that Ordinance No. 03 -13 be read by title only
and same was approved for second reading by the preceding vote.
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CITY COUNCIL MINUTES April 23, 2013
14. PUBLIC HEARINGS (Continued)
15. PLANNING AND ENVIRONMENT
15.1 REQUEST FOR ADJUSTMENT OF DEVELOPMENT FEES, DRC 4554 -11
AND MNSP 0668 -11. (OR1800.8.1)
Time set for a hearing to consider a request by Christopher and Rebecca Glos for a Waiver,
Reduction, or Adjustment of Development Fees for Property located at 816 East Culver
Avenue, Old Towne Historic District.
Discussion — Planning Manager Leslie Roseberry provided a staff report. She responded to
questions from Mayor Smith stating that the fees were for impacts to parks and libraries,
confirming that they are for establishment and maintenance costs. She further stated that the
home is enrolled in the Mills Act, but not sure of the barn being included.
City Attorney Wayne Winthers provided the Council with information on the timing and what
triggers the payment of the fees, and confirmed that Mr. Glos' parks and library fees had been
waived pending this hearing. In addition, Mr. Glos has received all building permits and
inspections that he has requested to date.
Assistant City Manager Rick Otto confirmed for the Mayor that staff had researched the issue
and determined that there had not been a fee waiver in the past of these two particular fees.
THE MAYOR OPENED THE PUBLIC HEARING
Speaker — Chris Glos explained his reasons for the request. He spoke on the "reasonable
relationship" clause of the ordinance, the two policy issues he felt needed addressing, the
"adaptive reuse" opportunities, and the benefits of his project to the City.
City Attorney Wayne Winthers stated that the hearing was being conducted based on OMC
Sections 3.50.100 (libraries) and 3.40.100 (parks). He added that Council must make a
finding that there is no reasonable relationship between the impacts of the residential
development project and the amount of the fees charged, or the type of the facilities to be
financed, in order to change or waive the fees.
THE MAYOR CLOSED THE PUBLIC HEARING
Mayor Smith thanked the Gloses for coming to Old Towne, and stated that their historic hot
receives a tax break with its participation in the Mills Act historic preservation program.
Councilmember Bilodeau stated that living space was being created in the barn resulting ir.
future renters impacting the parks and library, so he was not in favor of waiving the fees.
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CITY COUNCIL MINUTES April 23, 2013
15. PLANNING AND ENVIRONMENT (Continued)
Councilmember Whitaker stated his agreement with Councilmember Bilodeau adding that
"reasonable relationship" spoke to the amount of the fees, and that many other residential
developments in Old Towne applying the adaptive reuse creation of dwelling space had paid
the fees, so this project should as well.
Mayor pro tem Murphy stated that this project is not unique to others that have paid the fees,
and he could not see the Council being able to make a finding that it should be treated
differently.
Councilmember Alvarez stated that this project will restore an historical building, suggesting a
possible reduction of the park fee could be considered as a reward since the owner did not
choose to knock it down and rebuild.
Mayor Smith stated she was not in favor of reducing the fee with regret. She stated it is a great
project, but the Council has not reduced fees for other projects, giving the example of the
refurbishment of carriage houses and garages. She reiterated that this will increase the value of
the property.
MOTION - Murphy
SECOND - Whitaker
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved to deny the request.
16. ADJOURNMENT — The City Council adjourned at 8:30 p.m.
The next Regular City Council Meeting will be held on Tuesday, May 14, 2013, at 4:30 p.m. in
the Council Chambers.
Declaration of Chief City Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of April 23, 2013 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, and the Main Public Library at 407 E. Chapman; 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 re gula r meeting; and available at the Civic Center City Clerk's Office.
MA� U Y ERESA E. SMITH
tC17Y CLERK MAYOR
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