12/9/2003 - Council Minutes - CC Minutes Reg Meeting
ADOPTED BY THE CITY COUNCIL ON JANUARY 13,2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 9,2003
The City Council of the City of Orange, California convened on December 9, 2003 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
I.I INVOCATION
Given by Father Don Romito, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Murphy administered the Oath of Office to newly appointed City Clerk Mary E.
Murphy.
Sue Burns, Loaned Executive to Orange County's United Way, presented a Certificate of
Appreciation for the City's support of Orange County's United Way 2003/2004
Workplace Campaign. Contributions were presented to Orangewood Children's Home,
represented by Sharon Zepel and the Women's Transitional Living Center, represented
by Kathy Strong. The proceeds from Special Event Fundraisers that were conducted as
part of the United Way 2003/04 Workplace Campaign totaled $10,350.10.
The following employees were recognized for their outstanding support and hard work on
the City of Orange United Way 2003/04 Workplace Campaign and the Local Community
Giving Campaign. Leila Hoopii, Glenn Kaye and Pam Witham - Campaign
Coordinators; Michele Day and Robert Felthaus - Assistant Campaign Coordinators;
Sharon Crawford, Doug Fackiner, Debbie Gabler, Sandy Hayashigawa, Monica Jones,
Sheryn Mauerhan, Darlene Milton, Brent Mullins, Jenifur Pyne, Rebecca Serna, Nancy
Tuleja, Patti Van Voorst, Robby Tatro, Belinda Urtez, and Leslie Williams-Frazer.
The following employees received Service Awards: Jennifer Scudellari, Public Works;
Michael Robbins, Police (not present); Adrian Villalovos, Public Works (not present);
James Anderson, Police; "Scott" Forest Staton, Police; and Freddie Mena, Water
Division of Public Works.
A proclamation was presented to Police Captain Jim Anderson, upon his graduation from
Command College.
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CITY COUNCIL MINUTES
December 9, 2003
2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR
Tape 586
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 the City Council
Agenda of a Regular Meeting of December 9, 2003 at Orange Civic Center City
Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, 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.
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 November 20 and 26, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, November 25, 2003.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading iu full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Approve renewal agreement with EyeMed Vision Care in conjunction with Fidelity
Security Life, for employee vision insurance benefits, effective January 1, 2004
through December 31, 2005. (A2100.0 AGR-3909.A)
SUMMARY: The City has contracted with EyeMed to provide vision insurance
coverage to City employees. EyeMed has presented a two-year renewal (January 2004
through December 31, 2005) at the current in force premium rates.
ACTION: Approved a two-year contract with EyeMed Vision Care in conjunction with
Fidelity Security Life for employee vision insurance coverage, and authorized the Mayor
and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
December 9,2003
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The
annual amount paid to EyeMed through employee contribution is based on the number of
enrollees in the plan. Last year the cost of this plan was $5,005.52, and employees are
responsible for meeting the cost required to continue this benefit.
3.6 Approve renewal of amended contract with PacifiC are Dental Insurance, a pre-paid
dental plan, for active employee dental insurance benefits, effective January 1, 2004
through December 31,2004. A2100.0 AGR-2936.B.l)
SUMMARY: The city has contracted with PacifiCare Dental Insurance to provide pre-
paid dental insurance benefits to City employees. PacifiCare Dental Insurance has
presented a 12-month renewal (January 1, 2004 through December 31,2004) with a 4.5%
rate increase.
ACTION: Approved a 12-month contract with PacifiC are Insurance Company for
employee pre-paid dental insurance coverage, and authorized the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The
annual amount paid to PacifiCare Dental Plan for pre-paid dental benefits is paid through
employee contributions. Employees are responsible for meeting the cost required to
continue this benefit.
3.7 Approve renewal of amended contract with PacifiC are Dental Insurance, a pre-paid
dental plan, for retired employee dental insurance benefits, effective January 1,
2004 through December 31,2004. (A2100.0 AGR-2936.B.2)
SUMMARY: The city has contracted with PacifiCare Dental Insurance to provide pre-
paid dental insurance benefits to City retired employees. PacifiCare Dental Insurance has
presented a 12-month renewal (January I, 2004 through December 31,2004) with a 4.5%
rate increase.
ACTION: Approved a 12-month contract with PacifiC are Insurance Company for retired
employee pre-paid dental insurance coverage, and authorized the Mayor and City Clerk
to execute on behalf ofthe City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. Retirees
pay the total annual amount to PacifiCare Dental Plan for their own pre-paid dental
benefits. Retired employees are responsible for meeting the cost required to continue this
benefit.
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CITY COUNCIL MINUTES
December 9,2003
3.8 Approve renewal of amended contract with PacifiC are Life and Health Insurance
Company to provide vision insurance benefits for City employees effective January
1,2004 through December 31,2004. (A2100.0 AGR-2939.B.l)
SUMMARY: The City currently contracts with PacifiCare Life and Health Insurance
Company to provide vision insurance benefits to City employees. Staff conducted an
open bid process through the City's insurance broker Mercer Human Resource
Consulting when PacifiC are submitted a proposed 3% premium increase for vision
insurance. We were able to hold the PacifiCare Vision insurance plan to no increase for
plan year 2004.
ACTION: Approved a 12-month contract with PacifiCare Life and Health Insurance
Company for employee vision insurance coverage, and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The
annual amount paid to PacifiCare Life and Health Insurance Company for vision
insurance benefits is paid through employee contributions. Employees are responsible
for meeting the cost required to continue this benefit.
3.9 Second Amendment to Attorney Services Agreement with the Law Offices of
Stephen M. McNamara for legal services. (A2100.0 AGR-3585.B.2)
SUMMARY: The City entered into an agreement with Stephen M. McNamara to
provide legal services in connection with eminent domain matters, including the Mark
Hurwitz v. City of Orange case. The proposed Second Amendment will increase the not
to exceed amount from $30,000 to $45,000.
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with the Law Offices of Stephen M. McNamara for a total sum of $45,000.
FISCAL IMPACT: Sufficient funds are available in Legal Services Account No. 100-
0301-426100.
3.10 Third Amendment to Consultant Services Agreement between City of Orange and
Harris & Associates. (A2100.0 AGR-3498.3)
SUMMARY: Harris & Associates is presently acting as District Engineer for Community
Facilities District 91-2 (Serrano Heights). This amendment increases the total not-to-
exceed compensation by $25,000.00, to a total of $155,000.00.
ACTION: Approved agreement between the City of Orange and Harris & Associates and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Bond proceeds in the amount of $169,000.00 were budgeted as part
of the cost of issuance for CFD 91-2. With the sale of CFD bonds, funds are available
and being administered by the fiscal agent for this activity.
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CITY COUNCIL MINUTES
December 9,2003
3. CONSENT CALENDAR (Continued)
3.11 Amendment No. 3 to Master Plan of Sewers Agreement (Contract No. 0011)
between the City of Orange and the Orange County Sanitation District (OCSD)
Cooperative Projects Program. (A2100.0 AGR-3675.3)
SUMMARY: The amendment extends the term of the original contract for an additional
18 months in order to allow the City to satisfy all terms and conditions of the original
contract.
ACTION: Approved Amendment No.3 to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendment on behalf of the City.
FISCAL IMPACT: None. Funds have been previously appropriated for the projects.
BIDS
3.12 Project No. S.P. 3455; CDBG Project - GlasseIl Street Rehabilitation Phase 2 from
Mayfair Avenue to Collins Avenue. Approval of plans and specifications, and
request for authorization to advertise. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Glassell Street
Rehabilitation Phase 2 project from Mayfair Avenue to Collins Avenue. The project is
ready to be advertised. The estimated construction cost is $290,000.00
ACTION: Approved plans and specifications and authorized advertising for bids for the
Glassell Street Rehabilitation Phase 2 project.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account:
310-9645-483300-3016 FY 03-04 $370,000 CDBG
3.13 Project No. D-147 Orange County Sanitation District (OCSD) Cooperative Project
with City of Orange for Whitecap Avenue Storm Drain Improvements. Approval of
plans, specifications, and request for authorization to advertise. (C2500.M.I7)
SUMMARY: Plans and specifications have been completed for the Whitecap Avenue
Storm Drain Improvements. The project is ready to be advertised for bids. The
estimated construction costs including contingencies (10%), and construction engineering
(5%) is $342,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
OCSD Whitecap Avenue Storm Drain construction project.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
530-5011-483400-5337 Drainage Districts
550-5011-483400-5337 Reimbursable OCSD
Total Funds
$158,000.00
$117.000.00
$275,000.00
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CITY COUNCIL MINUTES
December 9, 2003
3. CONSENT CALENDAR (Continued)
3.14 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Charles E. Flynn
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Contract Change Order No.1; Bid No. 034-03; Project No. SP-3286; Santiago Creek
Bike Trail from City of Orange/City of Santa Ana Boundary line to Tustin Street.
(A2100.0 AGR-4341)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total contract cost for this extra work is $75,812.27. Total construction
cost including extra work is $428,618.52.
ACTION: Approved Contract Change Order No.1 in the amount of$75,812.27 to TMT
Development Company, Inc., dba TK Engineering Company for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
550-5011-486700-6099
245-5011-486700-6099
Total
$67,542.27
8.270.00
$75,812.27
Reimbursable Capital Projects (Grants)
AB2766 Air Pollution Reduction
(REMOVED AND HEARD SEPARATELY) Tape 622
3.16 Final Contract Change Order; Bid No. 023-04; Project No. SP-3284, La Veta
Avenue Street Widening from Main Street to 200 feet east of Batavia Street.
(A2100.0 AGR-4154)
SUMMARY: Final Contract Change Order authorizes payment for extra work at
contract unit price and agreed prices. The total amount of this Contract Change Order is
a credit of$248,730.66.
Mayor pro tern Cavecche congratulated staff on finding an extra $125,000. Public Works
Director Thomas explained that the City was able to salvage more pavement than
expected.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
December 9, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved Final Contract Change Order. The total amount of the Contract
Change Order is a credit of $248,730.66 to the City of Orange.
FISCAL IMPACT: Funds will be credited to the following account:
272-5011-483300-4039 <248,730.66> Gas Tax 2105
3.17 Bid No. 034-20. Award a construction contract to Moore Signals & Lighting of
Anaheim, for installation of a traffic signal, safety lighting, street lighting and street
improvements at various locations in the City of Orange. (A2100.0AGR-3909.A)
SUMMARY: The proposed improvements will improve the safety and efficiency of
traffic flow with the construction of a new traffic signal at Serrano/San Lorenzo, and the
installation of street lights at two locations within the City. Six proposals for this project
were received. Moore Signals & Lighting of 4511 E. Eisenhower Circle, Anaheim, CA,
92807, submitted the lowest responsive bid of$222,700.00.
ACTION: I) Appropriated $30,731.00 from Unappropriated 272 Gas Tax Reserves into
Account No. 272-5032-483100-6022 (Signal at Serrano Ave./Parkhurst Dr.); 2) Found
Moore Signals & Lighting to be the lowest responsive bidder for Bid No. 034-20; and
3) Awarded a contract to Moore Signals & Lighting in the amount of $222,700.00 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation funds for this project will be available utilizing
Gas Tax Funds in the following accounts:
$ 74,985.00 272-5032-483100-6456
Freeway Bridge Lighting - 4 Locations
Signal Serrano Ave.& Parkhurst Dr. and
Street Improvements - Serrano Ave.
Street Lighting - Cambridge St. & Pine St.
$ 50,000.00 262-5032-483100-6468
$107,715.00 272-5032-483100-6022
3.18 Final Acceptance of Bid No. 034-03; SP-3286; Santiago Creek Bike Trail from West
City Limits to Tustin Street and authorization to file Notice of Completion with the
County Recorder (No staff report required).
SUMMARY: Bid No. 034-03; SP-3286; Santiago Creek Bike Trail from West City
Limits to Tustin Street. Contractor: TMT Development Company, Inc., dba TK
Engineering Company. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Indemnity
Company of California Bond No. 835743P, in the amount of$352,806.25 and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
December 9,2003
3. CONSENT CALENDAR (Continued)
3.19 Final Acceptance of Bid No. 001-02; W-593; Water Reservoir No. 10A and
authorization to file Notice of Completion with the County Recorder (No staff
report required).
SUMMARY: Bid No. 001-02; W-593; Water Reservoir No. lOA, staff recommends
acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Labor & Material
Bond from First Nationallnsurance Company of America, and authorized the Mayor and
City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
(REMOVED AND HEARD SEPARATELY)
3.20 Mills Act Contract No. MAC-I03.0-03,
Agreements).
Tape 661
(Historic Property Preservation
(A2100.0 AGR-4410)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract totals $45,346. Location: 460 S. Orange Street.
Councilmember Coontz asked if historic properties throughout the City that were not in
the Old Towne Historic District could qualify for Mills Act incentives or if they would
have to go through a process to be recognized. Community Development Director Alice
Angus stated that Mills Act eligibility applied to properties citywide that were on the
historic register, and others that are not can be added.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (application No. MAC-I03.0-03), for
the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: The estimated property tax loss to the City is approximately $230 per
year.
PARCEL MAP
3.21 Parcel Map No. 2003-166 - Request for approval.
(C2500.M.16.2)
SUMMARY: Parcel Map No. 2003-166 creates one parcel of 2.956 acres to
accommodate the proposed Wallace All Faiths Chapel for Chapman University.
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CITY COUNCIL MINUTES
December 9,2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Final Parcel Map No. 2003-166, and accepted dedication of the
easement for water line purposes as shown on the Parcel Map.
NOTE: Mayor pro tern Cavecche abstained due to a potential conflict with her husbands
employment.
FISCAL IMP ACT: None.
RESOLUTIONS
3.22 RESOLUTION NO. 9788
(S4000.S.4)
A Resolution of the City Council of the City of Orange ordering the summary vacation of
a portion of a public street commonly known as Sycamore Avenue generally located
between Cypress Street on the East and the A.T.&S.F. Railroad Right-of-Way on the
West.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.23 RESOLUTION NO. 9789
Tape 749
(C2500.J.l.O.l )
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 relating to
Parking Fines.
Councilmember Coontz requested information on the funds the collected fines are
distributed into; as the fines are civil, a portion of the fees are no longer paid to the
courts. The City Manager was directed to return with information on which city funds
the fees go into and the cost benefit analysis used to set fees.
Mayor pro tern Cavecche requested information on the street sweeping fine and what the
changes were in the fine structure presented in the staff report. The City Manager noted
it was important to have an incentive built into the level of fines set; fines collected go
into the general fund.
Councilmember Ambriz expressed concern over inadequacy of street sweeping signage,
particularly on cul-de-sacs.
Councilmember Alvarez asked if this resolution covered only parking fines or if it
included other fines and penalties.
MOTION
SECOND
AYE
- Coontz
- Ambriz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Continued to January 13, 2004.
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CITY COUNCIL MINUTES
December 9, 2003
3. CONSENT CALENDAR (Continued)
3.24 RESOLUTION NO. 9792
(S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
the east side of Orange Park Boulevard, South of Joshua Tree Avenue for street purposes,
reserving and excepting an easement for any and all existing utilities.
ACTION: Approved.
STATUS REPORT
(REMOVED AND HEARD SEPARATELY)
3.25 Status Report on Sports/Gymnasium Center at Grijalva Park
Tape 925
(C2500.M.4.20)
SUMMARY: The City Council at its meeting on June 24, 2003 requested that staff
prepare a report on adding a second floor, considering a potential range of uses, and
exploring the funding and joint-use opportunities with the private sector and non-profits
at the proposed Sports Center/Gymnasiwn at Grijalva Park.
Discussion
Councilmember Coontz requested clarification on the role of the Community Services
Foundation and asked for one-on-one communication with Councilmembers.
Mr. Gary Wann, Community Services Director, explained the Foundation purpose is to
raise money and is not involved in operations; that the Foundation is interested in
exploring potential partnerships, especially if the size of the facility increases. Cost
estimate for the proposed facility is currently $4.5 to $5 million.
Councilmember Ambriz asked for clarification of the Foundation's money raising efforts
this year which resulted in $634,884.
Mr. Wann verified that that figure did include the $500,000 pledge from Roger Hobbs.
Councilmember Ambriz asked for the status of discussions with the Girls & Boys Club,
who were waiting for a response before launching a joint fund raising effort with the
Foundation.
Mr. Wann explained that neither the Foundation nor the City felt that they could meet the
Girls & Boys Club deadline.
Councilmember Ambriz questioned the concept of exclusive use that such partnerships
would imply; the Foundation literature states they do not get involved in exclusive use
projects. He cited the example of the Santiago Charter School as being for certain
groups only.
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CITY COUNCIL MINUTES
December 9,2003
3. CONSENT CALENDAR (Continued)
Mr. Wann explained the Girls & Boys Club made the overture to explore feasibility and
determine if the facility was compatible with their needs, before they made a decision to
partner with the Foundation and begin fund raising efforts.
Mayor Murphy explained that with the Santiago Charter School plan, private individuals
donated the majority of the funds and while not a facility exclusively for their use, they
did get priority use. That project also had school district involvement. The Girls & Boys
Club is looking at feasibility.
Mr. Warm added that the Santiago facility is not scheduled by the City; and no city
monies are involved in the renovation.
Councilmember Ambriz asked about letters of interest from other groups, noting that the
YMCA had sent a letter in July.
Mr. Wann responded that the letter received from the YMCA did not ask for a response
but was exploratory in nature; that there had been no communication with the YMCA.
Councilmember Ambriz asked if there was a formal agreement between the Foundation
and the City. Mr. Wann agreed with the need for an agreement outlining responsibilities.
Councilmember Ambriz questioned oversight provisions for the Foundation and lack of
community involvement. He was assured that proper legal and audit reviews were in
place. Foundation meeting minutes will be posted on the Foundation website, which
would increase visibility and community awareness; and that the Foundation is seeking
as much community involvement as possible.
Councilmember Ambriz asked if the construction target dates presented in this current
report line up with the dates presented to Council in June
Mr. Warm confirmed that the construction of the facility had to be completed by
December 30, 2006 or the City would lose the $1 million Proposition 12 Funds coming
from the County.
Councilmember Coontz restated the need for greater information and meetings with
individual Councilmembers to answer their specific questions.
Counci1member Alvarez spoke in defense of the Foundation, stating that it was created
to be clearly independent of the City; that it provides its own oversight; that it was not up
to the Foundation to put things on the Council agenda. The Foundation was created
because of the budget pressures felt by the City and to provide a vehicle for individual
private contributions.
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CITY COUNCIL MINUTES
December 9, 2003
3. CONSENT CALENDAR (Continued)
Mayor pro tern Cavecche stated the City needs to have a gym and center for city
programs. Unless it becomes imperative not to lose funding, the City should try to go it
alone.
Councilmember Ambriz stated he could not support an action to Receive and File this
report as there are a lot of questions that still need answers.
MOTION
SECOND
AYES
NOES
- Coontz
- Alvarez
- Alvarez, Mayor Murphy, Coontz, Cavecche
- Ambriz
ACTION: Received and filed and directed the Community Services Director, working
with the City Manager, to outline the City's role and the Community Services
Foundation role; and directed the Community Services Director to provide regular
meetings with individual Councilmembers regarding the Foundation.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.16, 3.20, 3.23 and 3.25 were removed and heard separately. Mayor pro tern
Cavecche abstained on Item 3.21. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Reappoint Mayor pro tern Cavecche to the Orange County Vector Control District,
for a two year term. (ORI800.0.3.20)
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint Mayor pro tern Cavecche to the Orange County Vector Control District for a
two year term.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
December 9,2003
7.
ADMINISTRATIVE REPORTS
Tape 1756
7.1 Report from Public Works Director/City Engineer regarding the Tustin
Street/Chapman Avenue Intersection Improvement Project; Capital Improvement Project
No. 3228; Mitigated Negative Declaration No. 1700-03. (NI200.0 NEG-1700-03)
SUMMARY: The Tustin and Chapman Intersection widening project (Capital Improvement
Project No. 3228, SP 3361) will improve the northeast corner of the intersection to allow the
construction of dual right turn lanes for westbound Chapman to northbound Tustin, and the
construction of a widened outside travel lane and bus turnout for northbound Tustin north of
Chapman Avenue. The project will also relocate an existing bus stop on Chapman Avenue west
of Tustin Street to a point 100 feet west of its present location.
The City prepared Mitigated Negative Declaration No. ENV 1700-03 to evaluate the potential
environmental impacts of the project.
Discussion
Public Works Director Harry Thomas presented an overview of the project, describing the
service capacity levels used to grade intersections, showing that the Chapman/Tustin intersection
would reach unacceptable levels without these improvements. The OCT A grant funding for this
project can only be used for intersection improvements. The funding also comes with a
completion deadline of September 30, 2004. As with any widening project, the major cost is in
right of way acquisition. Upon receipt of Council approval, the next steps would be property
appraisals, offers, acquisitions. If property negotiations fail, eminent domain proceedings would
begin.
Councilmember Coontz questioned if this project takes into account future problems anticipated
with increased traffic from East Orange.
Mr. Thomas explained that the City would continue to make applications for funding to address
continuing and future problems.
Mayor pro tern Cavecche questioned the parking impact at Orange Square Shopping Center, and
the project impact on nearby non-arterial intersections.
Mr. Thomas indicated that the project would result in no net loss of parking; and explained that
the current conditions of this intersection impacts the service levels of outlying intersections.
Councilmember Alvarez asked why this intersection widening was not done at the time Tustin
Street was improved and, referencing the intersection widening at Chapman Avenue and Main
Street, asked how much widening these intersections can take.
Mr. Thomas explained that the earlier grant funded only concrete pavement work and did not
allow for widening activity. He reiterated that the largest cost of widening projects was not
construction but acquisition of right-of-way. He indicated that once environmental impacts can
not be mitigated at an intersection, then decisions would have to be made weighing the benefits
against the unmitigatable impacts.
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CITY COUNCIL MINUTES
December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
In response to questions by Mayor Murphy regarding moving the bus stop on Chapman west of
Tustin, Mr. Thomas explained the location of the current bus stop blocks westbound traffic and
also blocks the gas station driveway.
Public Comments
The following people spoke. Their comments included resulting landscape removal from the
shopping center; impacts to businesses and parking problems; increases in traffic. The Shattuck
Place residents asked to have their street closed; that they will be heavily impacted by this
project with increased traffic on their street; the impact on property values on Shattuck Place and
that they should have been included in the scope of the project and preparation of the Mitigated
Negative Declaration.
Michael Malouf, SOl N. Glenoaks, Glendale, property owner
Craig Jones, 30402 Miramar, Laguna Niguel, Orange Square property manager
Rodney Mullen, 156 N. Shattuck Place
Susan Mullen, 156 N. Shattuck Place
Glenn Duncan, 127 N. Shattuck Place
Inge Myer, 177 N. Shattuck Place
Michael Myer, 177 N. Shattuck Place
David Panno, 176 N. Shattuck Place
Scott Neely, 147 N. Shattuck Place
Brian Ames, 157 N. Shattuck Place
Vic Eggers, 166 N. Shattuck Place
Shayla Colgan, 137 N. Shattuck Place
John Bergstrom, 136 N. Shattuck Place
Bob Colgan, 137 N. Shattuck Place
Brian Wilterink 126 N. Shattuck Place
Michelle Duncan, 127 N. Shattuck Place
Jim Johnson, 1519 E. Chapman Ave.
Patty Flores, 186 N. Shattuck Place
The speakers were informed that the City Traffic Commission will be addressing the Shattuck
Place issue at their February 2004 meeting
Mayor pro tern Cavecche requested clarification on the Chapman part of the intersection
widening; and expressed strong approval of the fact that the Shattuck Place issues would be
coming before the Traffic Commission.
Mayor Murphy asked who was included in this project study.
Mr. Thomas responded that the notification on the project was the standard 300 foot radius; the
Shattuck Place issue was not considered an issue with the intersection widening, but rather was a
neighborhood traffic issue. To cul-de-sac a street would take it beyond that of a neighborhood
traffic management program as it would affect other surrounding streets. The Shattuck Place
issue is definitely one that must be considered separately.
PAGE 14
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CITY COUNCIL MINUTES
December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Murphy asked for clarification on time length of this project.
Mr. Thomas stated that funds had to be obligated by September 30, 2004 and construction
completed by April, 2005. Actual construction period would be only four to six months.
Mayor pro tern Cavecche requested that traffic counts on Shattuck Place be redone prior to the
Traffic Commission meeting in February; and if the bus stop could be moved further north on
Tustin.
Mr. Thomas explained the importance of having bus stops as close to intersections as possible.
Chapman and Tustin is a transfer point for buses. Locations of bus stops are set by Orange
County Transportation Authority (OCTA) but he would discuss location of stops at this
intersection with them.
Councilmember Coontz requested that the Minutes from this meeting be given to the Traffic
Commission and commented on the need for signage on Shattuck Place indicating it was not a
through street. She asked if businesses would accept creating a cul-de-sac on Shattuck Place;
and if action on this project had a time limit.
Mr. Thomas stated that a Council decision was required at this time or the City stood to lose the
$2 million funding.
Councilmember Ambriz asked if the notification limits could be increased beyond the current
300 feet and if there was a better way to notifY residents of these projects. He also asked about
the feasibility of diverters to eliminate left turns onto Shattuck Place from Chapman Avenue.
Mr. Thomas concurred that evaluation of traffic diverters could be considered when reviewing
the entire Shattuck Place issue and the suggestion would be forwarded to the Traffic
Commission.
Councilmember Ambriz commented on the large bus stop structures that make visibility difficult
for drivers entering the arterial and asked what type of structure will be placed here.
Me. Thomas stated that bus stop shelters were the City's decision and if visibility were an issue it
would be evaluated.
Councilmember Alvarez had questions about the moving of the bus stops and the advisability of
creating a bus turnout.
Mr. Thomas explained that the moving of the bus stops was out of consideration of existing
businesses, not placing a bus stop structure in front of a business; and an attempt to eliminate the
buses backing up traffic. Bus turnouts would require additional purchase of right-of-way.
Mayor pro tern Cavecche again requested consideration be given to moving the bus stop further
north on Tustin Street.
PAGE 15
CITY COUNCIL MINUTES
December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Mr. Thomas agreed that this could be discussed further with OCTA. City Attorney David De
Berry also stated the liability issues that would arise from placement of bus stops that
encouraged mid-block pedestrian crossings.
Councilmember Coontz reminded staff that notification beyond the standard 300 feet whenever
there were possible conflicts in the community was a policy agreed to by the Council.
RESOLUTION NO. 9791
A Resolution of the City Council of the City of Orange approving Preliminary Plans for the
Tustin Street and Chapman Avenue Intersection Widening and making certain findings in
connection therewith.
MOTION
SECOND
AYES
- Murphy
- Coontz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved; incorporating comments and direction concerning the comments on
Shattuck Place.
7.2 Report from City Attorney regarding Review of Campaign Contribution Limits.
(A2500.0 Campaign Contributions)
SUMMARY: Section 2.10.210 of the City of Orange Campaign Reform Law requires the City
Council to review the contribution limits contained therein in January of every fourth year
commencing in 1996. If the City Council determines that it wants to consider amending the
limits, it is required to do so by holding a hearing and adopting an ordinance amendment and
should direct staff to bring an ordinance amendment back for City Council consideration.
MOTION
SECOND
AYES
- Murphy
- Cavecche
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Continued to January 13, 2004.
7.3 Report from the Acting Economic Development Director regarding the Annual
Report of the Orange Redevelopment Agency for Fiscal Year 2002-2003, and authorization
to transmit the report to the Controller of the State of California. (R3500.0)
SUMMARY: The Annual Report describes the activities of the Redevelopment Agency during
Fiscal Year 2002-2003, and includes a fiscal statement and independent audit report relating to
the Agency's finances.
(See ORA Minutes Item No. 7.1)
PAGE 16
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CITY COUNCIL MINUTES
December 9,2003
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9790
A Resolution of the City Council of the City of Orange approving the Annual Report of the
Orange Redevelopment Agency for Fiscal Year 2002-2003 and authorizing and directing its
transmittal to the Controller of the State of California.
MOTION
SECOND
AYES
ABSENT
- Cavecche
- Murphy
- Ambriz, Alvarez, Mayor Murphy, Cavecche
- Coontz
ACTION: Approved.
7.4 Report from Community Development Director on Resolution No. 9798 ameuding
the City's policy relating to Historic Property Preservation Agreements relating to the
City's Mills Act Program. (C2300.I.2)
SUMMARY: The City's Mills Act Program currently limits the use of Mills Contracts for
qualified historic properties within the City's Old Towne Orange National Historic District (the
Historic District) and prohibits its use in those portions of the City's redevelopment project areas
that are located within the Historic District unless the City Council finds by the adoption of a
resolution that the application of the Mills Act Program to a specific qualified historical property
would be "the only option or financial incentive to avoid demolition of the structure." Staff is
recommending that the City Council amend the Mills Act Program to permit the City Council to
contract with the owner or agent of an owner of any qualified historical property that is located
within that portion of the City's redevelopment project areas that is located within the Historic
District for the purpose of restricting the use of the property in a manner which the City Council
deems reasonable to carry out the purposes of the Mills Act; provided that the City Council finds
that the property does not otherwise involve direct City of Orange or Orange Redevelopment
Agency participation or assistance in the preservation, restoration or rehabilitation of the
property.
Discussion
Mayor pro tern Cavecche asked for clarification on the limitations to historic properties within
the Old Towne historic district as stated in the report. She also stated her concern for revenue
loss and sought assurance that each contract would come before Council for review in the future.
Community Development Director Alice Angus responded that the Ordinance was correct, that
all historic properties throughout the city were included, and that all Mills contracts would be
reviewed by Council.
Councilmember Alvarez asked why the incentive for historic preservation had only been applied
to residential properties; that there were commercial buildings in the downtown area that could
benefit from such incentives. He asked that staff notify property owners within the historic core
that these incentives were available, as he would greatly like to see the downtown area
revitalized.
PAGE 17
CITY COUNCIL MINUTES
December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Ms. Angus responded that the Mills Act excluded properties located in a redevelopment area,
which is where many of the commercial properties in Orange were located.
Councilmember Coontz emphasized the importance of restoring these buildings to historic
standards.
RESOLUTION NO. 9798
A Resolution of the City Council of the City of Orange amending the City's Policy relating to
Historic Property Preservation Agreements.
MOTION
SECOND
AYES
- Alvarez
- Ambriz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved
FISCAL IMPACT: The fiscal impact associated with permitting the use of the Mills Act
Program within Redevelopment Project Areas depends on the individual property, its tax basis,
and length of ownership (Proposition 13) as determined by the Orange County Tax Assessor.
7.5 Report from Community Development Director on Mills Act Contract No. MAC-
94.0-03, (Historic Property Preservation Agreements). (A2100.0 AGR-4411)
SUMMARY: A proposal to allow the use of a Mills Act Contract for a historic, commercial
property located in a Redevelopment Project area within the Old Towne Orange Historic District.
Estimated costs associated with the repair, rehabilitation and maintenance performed by the
owner for the (minimum 10 year) term of this contract totals $257,400. Location: 112 E.
Chapman Avenue.
Councilmember Alvarez abstained due to business ownership within 500 feet of this property.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSTAIN - Alvarez
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between
the City of Orange and the property owner, (application No. MAC-94.0-03), for the preservation,
restoration and/or rehabilitation of a qualified historic property in exchange for a reduced
property tax assessment.
FISCAL IMP ACT: The estimated property tax loss to the City is approximately $600 per year.
PAGE 18
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CITY COUNCIL MINUTES
December 9,2003
8. REPORTS FROM CITY MANAGER - None.
NOTE: The City Council recessed at 7:15 p.m. and reconvened at 7:30 p.m.
9.
LEGAL AFFAIRS
Tape 1589
(A2500.0 Parking)
9.1
ORDINANCE NO. 18-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Section 10.30.040 of the
Orange Municipal Code pertaining to the neighborhood permit parking program.
Councilmember Ambriz noted that this Ordinance would make the sale or transfer of the parking
permits a misdemeanor.
Mayor pro tern Cavecche requested information on what type of tracking system would be set up
for these permits.
MOTION
SECOND
AYES
- Ambriz
- Coontz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 18-03 be read by title only and same was set for second reading by
the preceding vote; and staff was instructed to return with information on methods for tracking
parking permits.
9.2
RESOLUTION NO. 9785
(C3300.0 CUP-2459-03)
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2459-
03, Major Site Plan Review 293-03, and Mitigated Negative Declaration No. 1719-03 for
approval of a Master Plan for the phased redevelopment of the St. Joseph Hospital Campus on
property generally bordered by Palmyra Avenue on the North, La Veta Avenue on the South,
Batavia Street on the East and Main Street on the West.
Applicant: St. Joseph Hospital of Orange
Paul Watkins, representing St. Joseph Hospital of Orange, agreed with the proposed
modification to Condition No. 42 (traffic surveillance system) as outlined by the City Attorney.
Discussion of the traffic surveillance system followed. Council discussed the formula used to
pro-rate the cost; emphasized the importance of proceeding before other development came into
the area; noted for the record the difference in the Main/La Veta area now and in the past, as
previously, this area was deserted and now it is a hot spot of activity; and clarified that the
surveillance equipment was not required prior to the St. Joseph development.
PAGE 19
CITY COUNCIL MINUTES
December 9, 2003
9. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
- Cavecche
- Alvarez
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve with modification to Condition No. 42.
9.3
ORDINANCE NO. 22-03 (FIRST READING)
(C3300.0 CUP-2459-03)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and St. Joseph Hospital of Orange, a California nonprofit public
benefit corporation, for approval of a Master Plan for the phased redevelopment of the St. Joseph
Hospital Campus on property generally bordered by Palmyra Avenue on the North, La Veta
Avenue on the South, Batavia Street on the East and Main Street on the West.
Applicant: St. Joseph Hospital of Orange
MOTION
SECOND
AYES
- Murphy
- Coontz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 22-03 be read by title only and same was set for second reading by
the preceding vote.
9.4
RESOLUTION NO. 9799
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange adopting findings of fact, statement of
overriding considerations, and certifying the adequacy of Final Environmental Impact Report
No. 1717-03 for Amendment No. 5 to the Chapman University Specific Plan, including
associated applications for General Plan Amendment 2003-0005, Amendment to the Santa Fe
Depot Specific Plan, Amendment to the Southwest Project Area Design Standards, Zone Change
1223-03, and approval of the Chapman University Master Landscape Plan.
Applicant: Chapman University
NOTE: Mayor pro tern Cavecche abstained on Items 9.4 through 9.8 due to a possible conflict
with her husband's employment.
Discussion
Councilmember Coontz requested continuation of this item until some issues could be resolved,
as some proposed changes were added as late as that day. There is a lot of cultural history in this
area; the people have been in the community for a long time, contributing greatly to all aspects of
the community, and need to be respected. She asked for not only the historical significance of
many of the buildings, but also the historical significance of the people in the area; and that
Chapman University set something up to help the neighborhood record their history. At the
same time, this neighborhood is also trying to address what is happening to them physically
through the land use changes in the neighborhood.
PAGE 20
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CITY COUNCIL MINUTES
December 9, 2003
9. LEGAL AFFAIRS (Continued)
Councilmember Alvarez also wanted a continuance as there were specific conditions that
Chapman had agreed to that would help clean up the neighborhood which were not addressed in
the current staff report. This included sidewalk repair, street lighting and trees, all of which
Chapman had agreed to. Information from City staff led Councilmember Alvarez to believe the
cost of improvements would run close to $200,000 as opposed to the $50,000 proposed by
Chapman. Councilmember Alvarez has requested a spreadsheet from staff that can be compared
with the spreadsheet of Chapman's proposal. He wanted to ensure that the funds are identified
and wanted assurance that they would be restricted for use just in this area.
Councilmember Coontz asked who would be looking at the landscaping plans at City Hall; if
they would go to the Design Review Committee; noting that ultimately, the neighborhood should
approve the landscape plans. She also noted the CDBG process is coming up soon and perhaps
this process can be used for some of the area improvements.
Councilmember Alvarez requested that the list of all streets impacted by the expansion be shared
with Chapman so that everyone would agree on the area to be improved.
Ken Ryan, EDA W, representing Chapman University, stated they have taken the Council's
comments to heart and respect the Council's desire to continue this matter. They do care about
the neighborhoods and are working hard on all issues and will come back with more details at
the next Council meeting. He noted the University has already made a generous offer of
$50,000 to reduce impacts of the expansion. He pointed out that Chapman is a non-profit
university and all improvements come out of donor contributions; and asked Council to consider
that anything pulled out of donor contributions comes out of education programs.
Councilmember Alvarez stated that the affected neighborhood needs something good to help it
endure the University.
Councilmember Coontz agreed that the goal of the University is to be a good neighbor.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAINED - Cavecche
Moved to continue to January 13, 2004.
9.5
RESOLUTION NO. 9800
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a Specific Plan Amendment to
redesignate approximately 17.12 acres of property into the Chapman University Specific Plan. A
portion of this area would be redesignated from the Santa Fe Depot Specific Plan. The portion of
the area in the Southwest Project Area is deleted from the Southwest Project Area Design
Standard. The current Chapman University Specific Plan consists of approximately 40.35 acres.
PAGE 21
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CITY COUNCIL MINUTES
December 9, 2003
9. LEGAL AFFAIRS (Continued)
This Amendment would expand the boundaries of the current Specific Plan to a total of
approximately 57.47 acres.
Specific Plan Amendment No.5
Applicant: Chapman University
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABST AlNED - Cavecche
Moved to continue to January 13, 2004.
9.6
RESOLUTION NO. 9801
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a General Plan Amendment to
redesignate existing General Plan Land Use designations from Low Medium Density
Residential, Medium Density Residential, Old Town Mixed Use, and Industrial to Public
Facilities Land Use Designation.
General Plan Amendment 2003-0005
Applicant: Chapman University
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABST AlNED - Cavecche
Moved to continue to January 13, 2004.
9.7
RESOLUTION NO. 9802
(C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange approving a Master Landscape Plan for
the Chapman University Specific Plan.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABST AlNED - Cavecche
Moved to continue to January 13, 2004.
PAGE 22
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CITY COUNCIL MINUTES
December 9,2003
9. LEGAL AFFAIRS (Continued)
9.8 ORDINANCE NO. 24-03 (FIRST READING) (C2300.E GPA-2003-0005)
An Ordinance of the City Council of the City of Orange approving the Reclassification of
approximately 17.12 acres of property from R-2-6, R-3, C-l, M-l, and Santa Fe Depot Specific
Plan to Specific Plan-Public Institution (SP-PI).
Zone Change 1223-03
Applicant: Chapman University
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
ABSTAINED - Cavecche
Moved to continue to January 13, 2004.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.a RECESS TO THE MEETING OF THE ORANGE INDUSTRIAL
DEVELOPMENT AUTHORITY
11. RECESS TO CLOSED SESSION
NOTE: The Closed Session was deferred to the end ofthe Council meeting.
The City Council recessed at 11: 15 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).
1) Orange Unified School District Claim for Redevelopment Tax Money
b. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Joe Moreland 272 N. Moreland, representing the Orange County Grand Jury, urged citizens to
serve on next year's Grand Jury.
PAGE 23
CITY COUNCIL MINUTES
December 9, 2003
13.
PUBLIC HEARINGS
TAPE 2 -159
13.1 ORDINANCE NO. 23-03 - PARKING AND STORAGE OF RECREATIONAL
VEHICLES (A2500.0 Parking, Recreational Vehicles)
Time set for public hearing to consider a proposal to amend various sections of the Orange
Municipal Code in order to provide definitions and regulations for the parking and storage of
recreational vehicles (RVs) within the city limits.
Staff Report
Brent Mullins, Chief Building Official, presented the staff report, comparing the current code
with the proposed changes that would regulate the parking of recreational vehicles. Change
include allowances for RV parking in front yards, but added restrictions of parking within a
three- foot setback from property lines.
Council Ouestions
Councilmember Coontz expressed concern that the ordinance still does not address the issue of
parking RV s on the street and clarified that the term "yard" when used in Planning issues, is not
limited to landscaped areas.
Mayor pro tern Cavecche stated that other Cities prohibit parking RVs on the street. Her
concerns dealt with concrete pads and the City's requirements for front yards of 60% hardscape/
40% softscape; and trailers and fifth wheels being treated differently than motorized RVs.
Mr. Mullins indicated that the 60% paved front yard rule does apply and includes driveways.
Councilmember Alvarez asked how the Planning Commission arrived at the figure for maximum
36 foot RV length; was it correct that side yards and rear yards could store an unlimited number
ofRVs; and why the three foot buffer is not being used on side or rear yards.
Mr. Mullins responded that no scientific method was used to determine the maximum allowable
size for RV s; rather a reliance on the current code.
Councilmember Ambriz asked if the restrictions applied to single car driveways as he was
concerned about parking on half of a narrow driveway. The Chief Building Official stated the
intent is to be able to get around the RV, and if so, it is allowable.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in favor of the proposed code changes or even less restrictions:
Comments addressed the three foot buffer zone not being needed for fire safety; property rights
are taken away; zoning restrictions for aesthetic reasons are unconstitutional; there are too many
restrictions already; walls can be more unsightly than the RV s and are permanent; street parking
is more of a problem; passenger vehicles are allowed, but not RVs; need for flexible
enforcement; a small number of people make most complaints; the buffer zone should be
eliminated; RVs can be used for disaster relief; 6 foot walls can be a hazard to safety personnel.
PAGE 24
CITY COUNCIL MINUTES
December 9, 2003
13. PUBLIC HEARINGS (Continued)
Dwayne Best, 3137 N. Hearthside
Ron Karrell, 1342 Trenton - submitted 164 signatures
Jack Ader, 1419 E. Oakmont
Stephen Heilman, 1429 E. Oakmont
Dave Sobel, 1544 E Palm
Lois Barke, Address on File
William Kerfoot, 1773 N. Greengrove
Nan Gaisbauer, Address on File
Jeff Goodpaster, 441 S. Parker
Kurt Bramstedt, 2746 E. Coolidge
Toni Carlton, 3106 Hillcrest
Ron Frazier, 2902 E Oakmont
Marie Sheppard, 4428 E. Euclid
Lois Oliver, Address on File
Gary Ross, Address on File
Danny Lentz, 1236 E. Quincy
Mil Thornton, 1243 E. Trenton
Barry King, 3811 E. Sycamore
Richard Gross 535 LaNae Circle
The following people spoke in oppOSItIOn to the proposed code: They support pro active
enforcement of existing codes; lowers community standards; proposed code lowers property
values; minority of residents park RVs; let all voters decide; need 20' setback for line of sight;
RVs are an enclosed living space on wheels; RVs should be stored in rear and side yards; right to
place RV should be limited to property owner or leaseholder who should not be able to lease out
property to other RV owners; 3' setback should apply to everything, not just RVs; Old Towne
and older homes have very narrow driveways; historic district needs to be maintained; keep
current ordinance and enforce it; responsible RV ownership is necessary; special interest group
does not represent majority; neighbors ofRV owners have property rights too.
Mel Vernon, Address on File,
Charles Schroeder, 2252 Burly Avenue
Doug Hamilton, Address on File
Roy Roberts 226 E. Locust
Janet Crenshaw, 464 N. Shaffer, OTPA
Phil Knoll, 2215 E. Adams
Dorothy Stewart, Address on File
Richard Drake, Address on File
Jeff Mulford, Address on File
Forrest Zwiener, 927 E. Fairway
MAYOR MURPHY CLOSED THE PUBLIC HEARING
NOTE: City Council recessed at 9:30 p.m. and reconvened at 9:45 p.m.
PAGE 25
CITY COUNCIL MINUTES
December 9,2003
13. PUBLIC HEARINGS (Continued)
Council Comments
Mr. Mullins addressed some of the concerns that had been expressed:
1. Why the three foot setback as opposed to normal setbacks - An RV is not a home and not
a regularly used vehicle. The intent of the three foot setback was for safety, visibility and
a buffer for the neighbors and the sidewalk.
2. Why the proposed code does not apply to SUVs - The concerns are with the bulk and
mass ofRVs.
3. Fence heights - They are regulated by current code.
4. Grandfathering - That was discussed; there will be a 12 month period to bring parking
into compliance.
5. Curb cuts - The Planning Commission is discouraging curb cuts because they reduce
street parking.
6. Concrete pads - They will be required in all instances.
7. RVs hooked up to the sewer - That is definitely a code violation.
8. Define orderly & clean - That means that an RV and the area in which it is parked is to be
kept in a manner that is orderly and clean.
Mayor pro tern Cavecche commented on the six foot wall usually being a fence with a gate, not a
solid wall. She asked about the Euclid, Ohio court decision.
The City Attorney assured Council that California has established the regulation of aesthetics.
Councilmember Coontz commented on the legality ofRVs with electrical hookups to homes.
Mr. Mullins explained that temporary hookups were allowed but not long-term living situations.
Councilmember Alvarez asked about the number of RVs allowed on a property and if permit
records could be used for grandfathering.
Mr. Mullins stated that the proposed code does not restrict the number ofRVs in the rear or side
yards on a property and that many of the slabs built prior to 1995 did not involve permits.
Councilrnember Ambriz expressed concerns on RV height limits and the success of the
education element proposed. He suggested the use of Channel 3, the Orange Progress and
newspapers rather than a water bill insert which can cost about $25,000 and not necessarily reach
renters. He also commented on the many different house configurations and how they relate to
parking; and asked if property values were impacted by RV parking.
Mr. Mullins stated that height was measured on the vehicle itself, not any of its attachments. He
stated the greatest tool for code enforcement is education; and stated that arguments exist
supporting both sides of the property value issues.
PAGE 26
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CITY COUNCIL MINUTES
December 9,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how the 60/40 percent hardscape rule was enforced ifno permits
were required to pour concrete. She also spoke on the need for code enforcement and the
success of educating residents on this issue; noting it was difficult to make a decision without
addressing the street parking issue. She noted the many types of development standards in the
city and was concerned about the very large vehicles which can impede site distance.
Mr. Mullins explained that on private property there were no restrictions on the thickness of the
concrete pad or the materials used and that there needed to be more education regarding the
60/40 percent hardscape rule.
Mayor Murphy asked if there was an issue with trying to enforce setback restrictions for RVs
versus automobiles.
City Attorney David De Berry stated he was not aware of any challenges and that the ordinance
can be limited to RVs.
Councilmember Alvarez expressed concern about enforcement; that enforcement needed
common sense and flexibility.
Mr. Mullins explained that currently enforcement is reactive and that staff looks for general
compliance with the existing ordinance, as long as the vehicle does not encroach on the public
right-of-way.
Mayor pro tern Cavecche expressed concern about the reduction in vehicle license fees which
will affect cities next year and the impact that could have on code enforcement. She spoke on
some of the other Orange County cities and their RV restrictions; and asked about the types of
code enforcement calls that are received, asking if it is difficult to assess the direct impact and
consequences of enforcement and that some neighborhoods are more tolerant than others. She
stated she was not prepared to vote at this time; the concerns with street parking must be dealt
with at the same time.
Ms. Alice Angus, Community Development Director, responded that code enforcement calls are
prioritized hy health and safety issues.
Councilmember Alvarez agreed with the recommended code concerning the front yard; would
like to see grand fathering for those who have proof they followed previous city codes; was
willing to do away with three foot setbacks on the side yards but would keep the setback in the
front yard; and was concerned about multiple RVs in rear and side yards. He was concerned
with RVs that are like buses which can be overpowering; and the need to be tough on street
parking.
Councilmember Ambriz commended staff for a very detailed report and agreed to a continuance
of this issue. This is not an easy issue to address, as each viewpoint can affect property values,
quality of life and property rights. He also agreed with the need to address on street parking.
PAGE 27
CITY COUNCIL MINUTES
December 9,2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy also agreed to a continuance. The issues of on street parking, setbacks and
aesthetics all need to be addressed, although aesthetics can sometimes be more of a
neighborhood concern.
MOTION
SECOND
AYES
- Murphy
- Ambriz
- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to February 24, 2004 and directed staff to prepare an Ordinance which
addresses on-street RV parking; to be reviewed by the Traffic Commission prior to the February
24th Council meeting.
14. PLANNING AND ENVIRONMENT - None.
IS. ADJOURNMENT
MOTION - Murphy
SECOND -- Ambriz
AYES -- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at II :25 p.m.
The Regular City Council meeting of December 23, 2003 will be cancelled. The next regular
City Council meeting is scheduled for January 13, 2004.
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MAM E. URPHY ~.-- __
CITY CLERK ..~
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MARK A. MURPI;iY
MAYOR / /
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