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10/8/2002 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON OCTOBER 22, 2002 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 8, 2002 The City Council of the City of Orange, California convened on October 8, 2002 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 Jon Wetterholm, Orange Police Department Chaplain 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cub Scout Pack 453, McPherson Magnet School 1.3 ROLL CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Annual Deuce A wards were presented by Cindy Bender of Mothers Against Drunk Driving (M.A.D.D.) to the following Orange Police officers who have arrested 25 or more drunk drivers: Officer Ray Winick - 49 arrests; Officer Miguel Cuenca - 41 arrests; Officer Mike Starnes - 29 arrests. Proclamation was presented to Christina Kelly, Executive Director, proclaiming October, 2002 as Lupus Awareness Month. Mayor Murphy announced the Annual Mayor's Prayer Breakfast will be held on Tuesday, October 22nd at 7:30 a.m. at the Doubletree Hotel, with guest speaker Larry Gatlin. 2. PUBLIC COMMENTS - None. 3. CONSENT CALENDAR TAPE 470 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. PAGE 1 CITY COUNCIL MINUTES October 8, 2002 3. CONSENT CALENDAR (Continued) 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of October 8, 2002 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park, summarized on Time-Warner Communications and available on the City's Website www.cityoforange.org, all of said locations being in the City of Orange and freely accessible to members of the pnblic at least 72 hours before commencement of said regular meeting. 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 September 19 and 26, 2002. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, September 24, 2002. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.5 CLAIMS The City Attorney recommends that the Orange City Council deny the following Claim(s) for Damages: a. Kimberly Bottomley b. Michael and Maureen Dobson c. Doris E. Luraschi d. Stephen Maynard e. USAA Casualty Ins. Subrogee of David Doherty ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.6 Award of Contract - Bid No. 023-08; SP 3407 Annual Service Contract for Concrete Replacement Various Locations 2002-03. (A2100.0 AGR-4140) SUMMARY: This project is part of the annual street maintenance activities for curb and gutter, cross gutter, driveway approach, and sidewalk replacement at various locations City wide. PAGE 2 CITY COUNCIL MINUTES October 8, 2002 3. CONSENT CALENDAR (Continued) ACTION: Awarded a contract in the amount of $140,375 to Torres Construction, 930 W. Colorado Blvd., Suite 3, Los Angeles, CA 90041, 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 Capital Improvement Program in the following account: 262-5021-427100 (Measure M) $195,000 (REMOVED AND HEARD SEPARA TEL Y) TAPE 480 3.7 Award a Consultant Services Agreement - Vulnerability Assessment for the City's drinking water system. (A2100.0 AGR-4141) SUMMARY: Award a Consultant Services Agreement for the Vulnerability Assessment for the City's drinking water system to Carollo Engineers of Santa Ana, CA, to assess, study and made recommendations regarding possible vulnerabilities to the City's water system to various threats and circumstances. Discussion Mayor pro tern Alvarez asked about the origin of the grant funds for this project and the scope ofthe project. The Public Works Director explained as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, public water systems serving a population of 100,000 or more are required to perform a vulnerability assessment, since these types of systems could be the subject of terrorist activity. This is a mandate of the federal government and the study must be completed by March 2003. Grant funds are available through the Environmental Protection Agency; and the City has qualified for approximately $92,000 for this study. This is confidential in nature and certain procedures and standards must be observed which limits the amount of information that is made available to the public. Councilmember Cavecche noted the City's Water Division is a Class 1 utility with its own testing lab and the City's water is tested weekly. Councilmember Coontz noted the City Manager is very involved in ongoing homeland security issues. MOTION - Alvarez SECOND - Cavecche AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: 1) Amended the revenue budget to reflect receipt of the Vulnerability Assessment Grant in the amount of $92,284.00 2) Appropriated $92,284.00 in Vulnerability Assessment Grant Funds to Account No. 600-8011-426200-8100. 3) Awarded a Consultant Services Agreement to Carollo Engineers of Santa Ana, CA, in an amount not to exceed $91,869.00 and authorized the Mayor and City Clerk to execute on behalf ofthe City. PAGE 3 CITY COUNCIL MINUTES October 8, 2002 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Reimbursement Grant Funds (Grant No. HS-82995801-0) in the amount of $92,284.00 have been approved for award to the City by the United States Environmental Protection Agency (USEPA) specifically for this project. After approval of appropriation, funds will be available in Account No. 600-8011-426200-8100. GRANTS 3.8 Governor's Office of Criminal Justice Planning (OCJP) Juvenile Accountability Incentive Block Grant (JAIBG) (C2500.K) SUMMARY: The OCJP has authorized a reimbursable grant award in the amount of $31,083 with a cash match requirement of $3,453. The funds are earmarked for the Orange Police Department Truancy Reduction Program whose purpose is to identify juvenile delinquency and provide education, intervention and diversion. The funds will be used for administrative and operational costs, equipment purchases, and grant training. ACTION: I) Appropriated $19,900 to account number 100-4031-471301-2242 (General Fund-Detectives-Equipment-JAIBG); Appropriated $10,000 to account number 100- 4031-441600-2242 (General Fund-Detectives-Miscellaneous Material and Supplies- JAIBG); Appropriated $1,183 to account number 100-4031-441101-2242 (General Fund-Detectives-General Office Supplies-JAIBG); Appropriated $2,217 to account number 355-4031-441101-2242 (Federal Asset Forfeiture-Detectives-General Office Supplies-JOAIBG); and Appropriated $1,236 to account 355-4031-429300-2242 (Federal Asset Forfeiture-Detectives-Ovemight Training-JAIBG) as the cash match. 2) Amended the FY 2002-03 Revenue Budget in the General Fund in the amount of $31,083 to reflect the receipt of the amount of the OCJP Grant. FISCAL IMPACT: The City of Orange was approved for a reimbursable grant award in the amount of $31,083 through the OCJP JAIBG funds. Unreserved fund balance is available in the Federal Asset Forfeiture account to fund the cash match appropriation. QUITCLAIM 3.9 Quitclaim of an old Santa Ana Valley Irrigation Company Easement at 424 West Brookshire Avenue. (D4000.0) SUMMARY: This S.A.V.I. easement has been abandoned for many years and has been offered to the property owners for their private use. ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Robert L. Chenowith and Janey L. Chenowith for the S.A.V.I. easement located at 424 West Brookshire Avenue. FISCAL IMPACT: A $131.00 fee has been deposited in Account No. 100-273500 (General Fund Revenue). PAGE 4 CITY COUNCIL MINUTES October 8, 2002 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.10 RESOLUTION NO. 9655 (A2500.0) A Resolution of the City Council of the City of Orange revising the Conflict of Interest Code for the City of Orange. ACTION: Approved. 3.11 RESOLUTION NO. 9662 (S4000.S.4) A Resolution of the City Council of the City of Orange temporarily closing Atchison Street between Chapman Avenue and Maple Avenue on Monday - November 11,2002, between 10:00 AM and 5:00 PM for a special event. Veterans Day celebration ACTION: Approved. TRACTS 3.12 Final acceptance of the street improvements and appurtenances as dedicated by Tracts 14359, 14660, 15656, 15695 and 15709 (No staff report required). SUMMARY: The improvements as dedicated by Tracts 14359, 14660, 15656, 15695 and 15709, collectively known as Serrano Heights West Side, are completed and open for public use. The streets included are: Serrano Avenue West Side, Alexandria Street, Andover Drive, Apache Creek Road, Boscana Court, Bonita Court, Chelsea Drive, Crown Parkway, Foxworth Drive, Fairecliff Drive, Horizon Drive, Fairport Circle, Laguna Court, Horizon Drive, Magdalena Drive, Monaco Parkway, Palermo Court, Parkhurst Drive, Paragon Way, Prescott Court, San Rafael Court, San Marcos Court, San Lorenzo Court, Santa Isabella Court, Sierra Vista Drive, Skyline Drive and Villanueva Drive. ACTION: Accepted public improvements and authorized the release of the improvement bonds. FISCAL IMP ACT: None. MOTION - Alvarez SECOND - Coontz A YES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Item 3.7 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR PAGE 5 CITY COUNCIL MINUTES October 8, 2002 4. REPORTS FROM MAYOR MURPHY 4.1 Direction to Staff for proposed changes to the Orange Municipal Code regarding Recreational Vehicles. Mayor Murphy announced this item was brought forward because of concerns expressed about Municipal Code sections regarding recreational vehicles and the ability to park them on driveways. This is a discussion on whether to direct staff to look at various sections of the code, then send it to the Planning Commission and return to Council for a public hearing. Public Comments TAPE 650 The following people spoke in opposition to the current recreational vehicle Ordinance: Steve Heilman, 1429 E. Oakmont Ave. Jennifer Whyte, 2602 Jackson Julio Mendez, 318 N. Eckhoff St. Joe Butatz, 2719 E. Wilson Raymond A. Goss, 425 S. Lilac William Green, 2219 W. Beverly Dr. Lois Oliver 1832 N. Lincoln St. Keith Fowler, 325 S. California St. Tom Stransky, 839 E. Amber Ave. Duane Simmons, 4320 E. Fernwood Steve Thompson, 626 W. Culver Ave. Lois Barke, 2022 W. Spruce Seletty Mayes, 2019 W. Cherry Bob Bradley, 873 N. Highland John Sheetz, 2129 N. Pine St. Paul Brecht, 996 N. Morgan Doug Hamilton, 2044 N. Silverwood St. Jake Janzen, address on file Their concerns include: . It should be a person's right to park on their property. . It should not be up to the Council to regulate aesthetics. . A moratorium should be implemented on citations unless a vehicle is posing a real threat. . Storage facilities are too expensive, inconvenient and not safe. . Most homes do not have enough room to park in the rear or side yards. . Issues should be addressed on an individual basis. . There was agreement that RVs should not block sidewalks. . Regulations should be changed to reflect the dynamics ofthe community. . RVs provide instant emergency housing. . Some trucks, which are allowed on driveways, are larger than some RV s. . Many RV owners were not aware of parking restrictions. . A committee should be formed to investigate this issue. PAGE 6 CITY COUNCIL MINUTES October 8, 2002 4. REPORTS FROM MAYOR MURPHY (Continued) The following people spoke in support of the current recreational vehicle Ordinance: Mel Vernon, address on file Janine McCormack, 240 N. California St. Todd Wallace, 1325 Dana Place Robert Duzey, 810 S. Woodbury Drive Their concerns include: . Property values are affected when RVs are parked in driveways. . It is the responsibility of the Council to maintain real estate values. . Aesthetics are important to the community. . Visibility and safety are affected with RVs parked in driveways. . The www.keeporangeclean.org website was announced. . RVs are different than trucks as RVs are usually not moved every day. . The quality oflife and appearance of streets are changed when RVs are parked on property. . The Ordinance has been in effect for several years. . This is related to the health, safety and welfare ofthe community. Council Discussion TAPE 2490 Mayor Murphy reported he did not believe there should be any Ordinance on the books that is not enforced 100% of the time. Therefore, he believes this Ordinance needs to be sent back to staff to look at what options there are for safely parking RV s in the front yard area on a hard surface while still maintaining easy ingress and egress into garages. He noted large pickup trucks are allowed to park on driveways, and RVs that are equally maintained and licensed should not be any different from large trucks. He would like staff to look at some restrictions in terms of length of vehicles and if there should be any setback required from the sidewalk. Councilmember Coontz reported in 1995 there was a complete re-write of the Zoning Ordinance and the RV parking restriction was just a small part of it. At that time, the Council was mostly looking at specific zoning issues and this section was not really looked at carefully. She noted there have been many changes since then in terms of the size ofRVs. She also suggested that the real estate community should be notifying the community about these restrictions. She believes that RVs should be allowed on driveways, as long as they do not hang over the sidewalk and are operable. She noted there are large buses that have been converted to RV s which can be longer than fire trucks. These can create safety issues with site distance problems. Her real concern is with safety, and agreed this Ordinance needs to be looked at and suggested that axles and weight be considered as part of this Ordinance. Councilmember Slater thanked the audience for their participation and interest. Most citizens are proud of this City and want it as a nice place to live. As a realtor, he strongly agrees with property rights, but everyone has to get along with neighbors, which is why there are zoning laws and regulations, which set standards. He did not believe this is a property rights issue, but rather what the community standards are going to be and what the community decides they are going to PAGE 7 CITY COUNCIL MINUTES October 8, 2002 4. REPORTS FROM MAYOR MURPHY (Continued) live by; and he personally believes that RVs do lower property values. He noted staff already conducted a survey several months ago with other cities such as Anaheim, Santa Ana, Costa Mesa, Fullerton, Garden Grove and Huntington Beach. At that time the concurrence was that the City should stay the course. He believes Orange deserves better and needs to have a higher standard than some of these other cities that allow RV parking. Councilmember Slater suggested the City explore the possibility of using Edison right-of-way properties to provide more storage facilities for RVs. He also noted that 100% enforcement on anything would require the City to hire many more Code Enforcement Officers and, actually, no code is enforced 100% of the time. The enforcement of this issue is not proactive, as there is not the staff to do this; but rather it is complaint driven. He feels the majority of residents agree with him and he will stick by them. TAPE 3080 Councilmember Cavecche asked for clarification on several issues that were raised by the speakers. She asked if the City had just hired a Code Enforcement Officer and that's why there has been an increase in citations; if the Code Enforcement Officers are required to report violations within a two to three block radius of a complaint; if the City can subjectively decide what is well maintained and what is not; and if the City relies on the Code Enforcement Officers to make the subjective decisions on maintenance issues. The Community Development Director reported that a new Code Enforcement Officer has not been hired, but that a Clerk is being hired in January to assist in the office; that the Code Enforcement Officers are not required to report violations within a two to three block radius of a complaint; that many zoning ordinances and land use cases are subjective; and that the Code Enforcement Officer does make an initial determination on maintenance and nuisance issues. Councilmember Cavecche stated that RV parking is one of the most common complaints she has received while walking through the City during her campaigns. She noted that one of the concerns she has with the current ordinance is that some of the smaller items should not be included. This Ordinance is very broad in its approach in that pop up trailers and small boats do not pose a safety concern in the neighborhoods. She suggested looking at setbacks for larger vehicles in both the front and side yards; and what criteria is going to be used to determine clean, operable and well kept. She agreed this Ordinance needs to be sent back for further study, as there are parts of the Ordinance that are confusing and do not make sense. She agreed that the issue of axles needs to be reviewed; and if RV s are allowed on driveways, then staff needs to look at not allowing them on the streets, because having large RV s parked along the street is worse than seeing a small trailer in a driveway. Mayor pro tern Alvarez supported this issue going back to staff for review; and asked that staff look at building codes in terms of side and rear setbacks in addition to front setbacks, as it can not be assumed that a typical driveway is simply straight from the street to the garage. There are many half round driveways and double driveways. Staff needs to look at outside storage of vehicles in terms of cars that are not moved and any other items stored on driveways. There needs to be some sort of standard as to what is going to be enforced in terms of what is parked on PAGE 8 CITY COUNCIL MINUTES October 8, 2002 4. REPORTS FROM MAYOR MURPHY (Continued) a driveway. He has received many complaints about selective enforcement and is concerned about the aesthetic issues brought forward as the City should not determine what is aesthetically pleasing to a neighborhood. Enforcement needs to be made in terms of non-aesthetic issues such as setbacks and driveway issues. He suggested getting input from the community and involving citizens in reviewing this Ordinance and that it be made a priority. Councilmember Coontz noted the Council needs to reiterate very definitively what the Council is asking of the staff. She specifically asked about the weight and axles as there have been commercial buses converted and registered as RV s. There needs to be clarification about state law versus what the City can do; and the issue of large trucks being allowed while there are restrictions on RV s. She also suggested that everything pertaining to RV s be incorporated into one section of the Municipal Code. Mayor Murphy stated he would like staff to evaluate the potential changes to the Orange Municipal Code regarding recreational vehicles surrounding the items that have been discussed, with regards to what limitations would be recommended for a front driveway parking situation. He asked staff to look at setbacks, paving, ingress and egress to garages, weight and axle restrictions, on-street parking issues and criteria issues in terms of distinguishing or measuring factors. This item would be sent to the Planning Commission for a recommendation before returning to Council. He noted that whatever comes back needs to be easily understood and enforceable. The City Manger stated staff will review the criteria discussed and draft some alternatives identifying pros and cons of each issue; and will also look at enforcement issues. He stated it is difficult to establish a timetable for this study, but it is possible this may be sent to the Planning Commission after the first of the year. The Council discussed enforcement issues and a possible moratorium. The City Attorney explained the City does not engage in selective enforcement, but rather reactive enforcement and that everyone is treated equally. He reviewed the legal standards for adopting a moratorium and the enforcement process, noting there are situations that pose a danger and suggested enforcing only those areas where there is a threat to health and safety until the Ordinance comes back for final adoption. TAPE 3810 MOTION - Murphy SECOND - Coontz AYES - Alvarez, Mayor Murphy, Coontz, Cavecche NOES - Slater Direct staff to evaluate proposed changes discussed and prepare an analysis to present to the Planning Commission for evaluation and then back to the Council for final action on the Ordinances related to recreational vehicles and related type vehicles; and also direct staff that enforcement of the current code be limited specifically to health and safety issues only until the Ordinance is back for Council review. PAGE 9 I CITY COUNCIL MINUTES October 8, 2002 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Coontz and Councilmember Slater - Report on the upcoming Veteran's Day Celebration, "Freedom is Not Free: A Tribute to the Korean War" November 11, 2002 at 2:00 p.m., Santa Fe Depot Park. Councilmembers Coontz and Slater reported the third annual Veterans Day Celebration will be held at 2:00 p.m. on November 11th at the Santa Fe Depot Park, honoring past and present veterans. It will be an hour long event with a tribute to the Korean War Veterans. It will be a very patriotic event with music, vocalists, the ROTC and featuring Bill Woollett as the main speaker. Fliers will be distributed soon with more detailed information. TAPE 4065 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept resignation of Phyllis A. Walker from Orange Park Acres Planning Committee and instruct the City Clerk to begin Maddy Act requirements. (OR1800.0.26.1) Councilmember Slater asked for a status on this Committee as all terms have already expired. Mayor Murphy stated there is already a recommendation to replace this member on the Committee; and suggested a review of this committee be brought to Council after the new Councilmember takes office in December. In the meantime, the current committee is in effect and doing a great job until any redesignation takes place. MOTION - Murphy SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to accept the resignation of Phyllis A. Walker from the Orange Park Acres Planning Committee and instruct the City Clerk to begin Maddy Act requirements. 6.2 Accept resignation from Barbara Resnick from the Orange Elderly Services, Inc. Board of Directors. (OR1800.0.21) Councilmember Coontz commented on the tremendous background Barbara Resnick has and that her resignation will be a great loss to the Board. She asked that any potential members be introduced to the entire Council before an appointment is made. Councilmember Cavecche asked for an opportunity to review the Committee before any names are brought forward for membership. MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to accept the resignation from Barbara Resnick from the Orange Elderly Services, Inc. Board of Directors. PAGE 10 CITY COUNCIL MINUTES October 8, 2002 6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) TAPE 4175 6.3 Report from the Finance Director on the annual review and approval of the Statement of Investment Policy (SIP) for Fiscal Year 2002-03. (ORI800.0.27.16) SUMMARY: Per recommendations from the Investment Advisory Committee and the Investment Oversight Committee, it is proposed that no changes be made to the City's and Redevelopment Agency's Statement ofInvestment Policy. The Finance Director stated the City's policy is very conservative and it is recommended that it remain as such. RESOLUTION NO. 9664 A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2002-03. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved. 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 6:45 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). b. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a) existing litigation: I) Nieupointe Enterprises, et al. vs. City of Orange, Orange County Superior Court Case No. 01CC02712. 2) The Lincoln Club of Orange County vs. City of Anaheim, et aI., United States District Court Case No. SA CV 02-874 AHS (MLGx). PAGE 11 CITY COUNCIL MINUTES October 8, 2002 11. RECESS TO CLOSED SESSION (Continued) c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham Employee Organization: All Bargaining Groups 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. 12. ADJOURNMENT MOTION - Alvarez SECOND - Cavecche AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 7:40 p.m. The next regular Council meeting is scheduled for October 22, 2002. 1. ~ -I-I/. -d./AA~ ~SANDRA J. ATHCART, CMC CITY CLERK PAGE 12 ,-,--_...~._.._._.._------_._-------"_..----_."_._-----