3/23/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON APRIL 13, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 23, 2004
The City Council of the City of Orange, California convened on March 23,2004 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Carl Friedrich, Praise Chapel
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
The following employees received Service Awards:
Linda Morgan - Finance; Doug Fackiner - Fire; Leola Lord - Police.
Mayor's Award presented to Dolores Warabow, City of Orange Public Library
Foundation donor, for her generous donation of$5,000.
Recognition given to City of Orange Redevelopment Agency - recipients of 2004
California Redevelopment Association Award of Excellence, Office/Commercial project;
and to Dave Valentine for his project on Main Street.
Mayor Murphy announced - Community Forum on Emergency Preparedness / Homeland
Security on Wednesday, March 31 st at 7:00 p.m. in the Council Chambers.
Mayor Murphy announced - Recognition of Council member Joanne Coontz as recipient
of the Woman of the Year Award in Assemblyman Bob Pacheco's District, for her
outstanding work in the community.
Mayor Murphy announced - Recognition of Mayor pro tern Carolyn Cavecche's election
to the Orange County Transportation Authority's Board of Directors.
2. PUBLIC COMMENTS None.
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March 23, 2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council
Agenda of a Regular Meeting of March 23, 2004 at the Orange Civic Center in the
north facing kiosk, Orange Police Facility at 1107 North Batavia and Shaffer Park;
all of said locations being in the City of Orange and freely accessible to members of
the public at least 72 hours before commencement of said regular meeting; and
available at the Orange Civic Center City Clerk's Office and Main Library at 101
N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated March 4 and 11, 2004 .
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, March 9, 2004 and
Adjourned Regular Meeting, March 16,2004. (C2500.D.4)
ACTION:
Approved.
Note: Councilmember Cavecche abstained on this item as she was not present at the
March 9th meeting.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the Treasurer's Report for the period ending February 29, 2004.
(C2500.F)
ACTION:
Approved.
3. CONSENT CALENDAR (Continued)
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March 23, 2004
AGREEMENTS
3.6 Sewer Service Agreement - Request by John and Judith Matiasevich to connect
their property to City of Orange sewer. (A2100.0 AGR-4456)
SUMMARY: John and Judith Matiasevich, Trustees of the John P. Matiasevich Trust
U/T/D August 2, 1995, owners ofresidential real property located at 11192 South Meads
Avenue in an unincorporated area of the County of Orange, have requested to connect
their house sewer lateral to the City sewer main in Meads Avenue. They have executed a
Sewer Service Agreement with the City of Orange and request City Council approval.
ACTION: Approved the connection request from John and Judith Matiasevich and
authorized the Mayor and the City Clerk to execute this Agreement on behalf of the City.
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 Fiscal Year 2003 State Office of Homeland Security (OHS) Grant Program.
(A2100.0 AGR-4457)
SUMMARY: The County of Orange received funding from the State OHS to purchase
first responder equipment for both Fire and Police. The value of this equipment is
$89,985.31. In order to receive this equipment, Council must approve an agreement
authorizing the County to make such a transfer.
ACTION: Approved agreement between the County of Orange and the City to accept the
transfer of equipment valued at $89,985.31 for use by the Fire and Police Departments;
and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: None. Equipment has been purchased by the County of Orange with
OHS grant funds.
3.8 Second Amendment to Agreement between the City of Orange and the Orange
County Conservation Corps. (A2100.0 AGR-3962.2)
SUMMARY: Second Amendment to Agreement for services between the City and
Orange County Conservation Corps. in an amount not to exceed $43,200 for restoration
work at the Santiago Creek.
ACTION: Approved the second amendment to the agreement for services between the
City and Orange County Conservation Corps in an amount not to exceed $43,200 for
restoration work at the Santiago Creek; and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available in the following account:
550-7021-481105-0967 (Santiago Creek Restoration): $43,200
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March 23, 2004
3. CONSENT CALENDAR (Continued)
3.9 Agreement between the City of Orange and LPA for the Gymnasium/Sports Center
Conceptual Design Services - Grijalva Park (Request for Proposal Number 034-17)
Continued from March 9. 2004. (A2100.0 AGR-4447)
SUMMARY: Approval of the professional services agreement between the City and LPA
in an amount not to exceed $55,000 for the Gymnasium/Sports Center Conceptual Design
Services.
ACTION: Approved the professional services agreement between the City and LPA in
an amount not to exceed $55,000 for the Gymnasium/Sports Center Conceptual Design
Services; and, authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.
FISCAL IMPACT: Sufficient funds exist in the following account:
320-7021-481200-1606 (Gym/Sports Center Prop. 12): $55,000
APPROPRIA nON OF FUNDS
3.10 Grijalva Park at Santiago Creek Field Renovations (C2S00.M.4.20)
SUMMARY: Staff is proposing field renovations for three soccer fields at Grijalva Park
at Santiago Creek, beginning April through June, 2004.
ACTION: Approved appropriation transfer in the amount of $40,000 from the
following accounts to 510-7021-485100-0149 (Grijalva Park):
Total:
$ 8,000
$22,000
$10.000
$40,000
510-7021-485100-0750 (Belmont Park):
510-7021-481200-0121 (Shaffer Park):
510-7021-481105-0607 (EI Camino Park):
FISCAL IMP ACT: After the appropriation transfer, sufficient funds will exist in the
following account: 510-7021-485100-0149 (Grijalva Park): $40,000
3.11 Landscape Maintenance Services for Downtown Parking Lots (P2S00.0.9)
SUMMARY: It is recommended that the City Council transfer an appropriation for
landscape maintenance of the downtown parking lots from the General Fund (Fund 100)
to the Downtown Parking Lot Fund (540) and approve an appropriation for additional
funding to increase the frequency of landscape maintenance from monthly to twice per
month for the downtown parking lots.
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March 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Appropriated $1,206 to Account: 540-7022-424301 (Downtown Public
Parking Lot Landscaping) from the unreserved balance of the Old Towne Parking
Facility Fund.
Note: Councilmember Alvarez abstained due to property interest at 131 S. Glassell.
FISCAL IMPACT: The cost for landscape maintenance of the downtown parking lots
is funded through downtown permit revenues, which are expected to fully cover the cost
of the service.
Note: Councilmember Alvarez abstained on this item.
BIDS
(REMOVED AND HEARD SEPARATELY)
3.12 Project No. SP-3480; CDBG Project - Americans with Disabilities Act
(ADA)Wheelchair Access Ramps at Various Locations, Fiscal Year 2003-04.
Approval of plans and specifications, and request for authorization to advertise for
bids. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the ADA Wheelchair
Access Ramps at Various Locations, Fiscal Year 2003-04 Project and they are ready to
advertise for bids. The estimated construction cost is $140,000.
Councilmember Coontz spoke about the need for wheelchair access at Hart Park
especially at the north entrance near Orange Street and commented on the problem with
the concrete stairs; and asked Public Works and Community Services to work together on
this issue.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG ADA Wheelchair Access Ramps at Various Locations, Fiscal Year 2003-2004.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account: Community Development Block Grant (CDBG) -
ADA Improvements No. 310-9645-483300-1328 $ 140,000
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March 23, 2004
3. CONSENT CALENDAR (Continued)
3.13 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. Bobby Tillman, Jr. (a minor)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PURCHASES
3.14 Purchase of one (1) New Elgin Compressed Natural Gas (CNG) Crosswind J Plus
Street Sweeper on a sole source basis. This is an add-on purchase with the City of
Lompoc, Bid No. 2236 and their (Lompoc) Purchase Order No. 252165 dated
October 30, 2002. (S4000.S.3.1.3)
SUMMARY: This is a request that the City Council authorize purchase of an Elgin CNG
Crosswind J Plus Street Sweeper on a sole source basis in the amount of $196,145.95.
This is required due to the expansion of the City and Cal EPA Storm Water Regulations.
The CNG-powered vehicle is a requirement per the South Coast Air Quality Management
District "Rule 1196" regulating Heavy Duty Vehicles 14,000 and above Gross Vehicle
Weight (GVW) beginning July I, 2002 to use alternative fuel. The Elgin Sweeper
purchase was approved in the 2003/04 budget.
ACTION: Authorized purchase of one (I) Elgin CNG Crosswind J Plus Street Sweeper
from Haaker Equipment in the amount of$196,145.95.
FISCAL IMPACT: Sufficient funds are available in Account No. 220-5022-472101,
Motor Vehicle Additions. The City of Orange has been awarded a Carl Moyer Grant in
the amount of $6,000 towards the purchase of a CNG-powered Street Sweeper.
3.15 Purchase of Specialized Equipment to convert ten (10) 2004 Crown Victoria Police
Pursuit Vehicles (B&W) on a sole-source basis and purchase ESP Premium Care
75,000 mile Warranty for the ten (10) 2004 Crown Victoria Police Pursuit Vehicles.
(C2500.K)
SUMMARY: This is a request that the City Council authorize purchase of Specialized
Equipment on a sole source basis in the amount of $44,541.70 to accessorize ten (10)
2004 Crown Victoria vehicles to Police Pursuit Vehicles and authorize purchase of ESP
Premium Care 75,000 mile Warranty for said same ten (10) Crown Victoria Police
Pursuit Vehicles in the amount of$25,800.
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CITY COUNCIL MINUTES
March 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of Specialized Equipment from High Standard
Automotive in the amount of $44,541.70 and ESP Premium Care 75,000 mile Warranty
in the amount of$25,800 from Villa Ford. Total amount $70,341.70.
Note: Mayor Murphy abstained on this item.
FISCAL IMPACT: Sufficient funds are available in Account No. 720-5023-472102,
Motor Vehicle Replacement.
RESOLUTIONS
3.16 RESOLUTION NO. 9848 (C2500.J.4.4)
A Resolution of the City Council of the City of Orange to begin paying and reporting the
value of Employer Paid Member Contributions to the Public Employees' Retirement
System for Employees covered by the Orange Maintenance and Crafts Employees'
Association Memorandum of Understanding.
ACTION: Approved.
3.17 RESOLUTION NO. 9849 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange to begin paying and reporting the
value of Employer Paid Member Contributions to the Public Employees' Retirement
System for Employees covered by the Orange Municipal Employees' Association
Memorandum of Understanding.
ACTION: Approved.
3.18 RESOLUTION NO. 9850 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange to begin paying and reporting the
value of Employer Paid Member Contributions to the Public Employees' Retirement
System for Employees covered by the Water Department Employees' Association
Memorandum of Understanding.
ACTION: Approved.
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March 23, 2004
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9851 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-01 adjusting lot lines of certain real property situated at 3741 W. Chapman
Avenue (Chapman Avenue Retail CenterlBest Buy) in the City of Orange, County of
Orange, State of California.
ACTION: Approved.
TRAFFIC SAFETY
3.20 Request for the placement of a school crossing guard at the intersection of Tustin
Street and Meats Avenue. (S4000.S.3.5)
SUMMARY: The Orange Unified School District has requested the placement of an
adult crossing guard at the intersection of Tustin Street and Meats Avenue. The City
Traffic Commission reviewed the request and recommends approval of the crossing
guard.
ACTION: Approved the request and assign a school crossing guard at the intersection of
Tustin Street and Meats Avenue, to become effective with the 2004/05 school year.
FISCAL IMPACT: Funds will be available in Account No. 100-4041-413102 (Traffic
Services Part-Time Salaries) to cover the additional expense of the crossing guard.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.12 was removed and heard separately. Mayor pro tern Cavecche abstained on
Item 3.3. Councilmember Alvarez abstained on Item 3.11. Mayor Murphy abstained on
Item 3.15. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
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March 23, 2004
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Library Director - Conceptual design for the location of Orange's
historic fountain on the site of the expanded Main Library. (C2500.I)
SUMMARY: City Council approval is sought for the location of Orange's historic fountain,
currently being restored by the Old Towne Preservation Association (OTPA) "Save the
Fountain" Committee. The proposed location site is at the northwest corner of the expanded
Main Library. Six (6) parking spaces would be lost from the l62-space parking lot to
accommodate the proposed fountain design in relation to the overall library expansion site. No
other location on the Main Library property can accommodate the historic fountain.
Discussion:
Nora Jacob, Library Director, discussed the need to use six parking spots to accommodate the
installation of the historic fountain at the proposed Library site. The costs of installing the
fountain and making repairs so that it will be in working order are included in the total budget for
the Library expansion; but exact figures will not be available for another week.
The City Manager noted that operational costs for the fountain will be minimal, but there will be
some costs for maintenance; and in response to Council questions, noted that library staff may be
able to park across the street at City Hall to alleviate some of the parking problems.
Councilmember Coontz commented that the architectural structure of the fountain does not
match that of City Hall and needs to be somewhere more complimentary such as the Library.
Councilmember Alvarez thanked the staff and artist who assisted in creating the mock-up
fountain that helped in the planning of this project. He also suggested contacting the Chamber of
Commerce for possible use of their parking lot when their offices are closed.
Mayor Murphy spoke about the 585 Club. The original fountain cost $585 and OTPA is seeking
donations in that amount to help in the restoration.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved conceptual design for the location of Orange's historic fountain to the
northwest corner of the expanded Main Library. This would result in the reduction of parking
capacity by six (6) parking spaces (from 162 to 156) to accommodate the proposed fountain
design in relation to the expanded site.
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March 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMPACT: An amendment to the Mitigated Negative Declaration estimated to cost
$5,000 will have to be conducted before relocation of the fountain - an "historic object" in the
Old Towne Orange Historic District - can be implemented. The City's Library Bond Act grant
award can be charged for this activity if the location of the fountain is approved for the Main
Library expansion project. The costs of constructing a fountain basin and plumbing are not yet
available but are being analyzed as part of the Construction Documents Phase of the Main
Library expansion design, due for completion by August, 2004. Ongoing operational costs of
running the fountain, and maintaining it, have not yet been analyzed. OTPA's "Save the
Fountain" Committee is fundraising to complete the work needed on fountain restoration.
8. REPORTS FROM CITY MANAGER
Off Agenda Item
Gary Wann reported on the opening ofYorba Park on Monday, March 29th. In preparation for
the opening, the City will notify nearby residents, issue press releases and install signage at the
park announcing the reopening. Staff has removed tot lot equipment and concrete benches;
spread sand in the low spots; and the gas monitoring wells have been bolted shut to ensure safety
and the wells have a soft mat covering with a berm around them. Staff is also continuing to
meet with the Dog Park Association and are moving towards some type of resolution.
Councilmember Alvarez asked for a report back on the status of the methane gas at the site.
Councilmember Coontz asked for a report back on the agreement between the YMCA and the
City regarding the use of the land at the BMX facility.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 9-04 (SECOND READING (A2S00.0 ORD-9-04 PARKING)
An Ordinance of the City Council of the City of Orange amending portions of Chapter 10.34 of
Title 10 of the Orange Municipal Code relating to parking time limitations on public streets.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 9-04 be read by title only and same was adopted by the preceding
vote.
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March 23,2004
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 7-04 (FIRST READING) (A2500.0 ORD-7-04 PARKING)
An Ordinance of the City Council of the City of Orange amending Sections 8.04.020, 17.04.035
and 17.14.090 of the Orange Municipal Code regulating the parking and storage ofrecreational
vehicles.
Discussion
Brent Mullins explained that the new ordinance will allow recreational vehicles (RVs) up to
thirty-six (36) feet to be parked in a homeowners driveway, with no setback, with an effective
compliance date ofJuly 1, 2004.
Under the new ordinance, RV owners would be subject to a proposed amortization program
(Section J of the Ordinance) and divided into three categories determined by the date they
purchased their recreational vehicles and the date they purchased their property. Category 1 is a
resident who purchases either a vehicle or property after July 2004. Category 2 is a resident who
was in compliance with RV codes from July 1995 through July 2004 and is living at the same
residence. Category 3 is a resident who was in compliance with RV codes from 1983 through
July 1995 and is living at the same residence.
In response to questions by Councilmember Alvarez, Mr. Mullins reported a filing system will
be put in place to record which category a person fits into and will be noted after a complaint is
made. This will give residents an opportunity to prove they are in compliance based on the
category they fall into.
In response to questions by Councilmember Coontz, Mr. Mullins explained that in order to
determine which category a resident falls into, staff will use title documents for homes and
vehicles as well as photos and testimony.
David DeBerry, City Attorney, noted complaints will have to be reviewed on a case by case
basis.
Councilmember Alvarez questioned the amortization program (Section J) and the fact that
interpretation will have to be made to determine which category someone falls into; and
suggested there may need to be more criteria to eliminate gray areas of interpretation. He also
noted the previous ordinances did not have any amortization program. He suggested there
should be just one set of laws, with no amortization, and give residents a period of time to adhere
to the new law. This proposed Ordinance creates too much of a burden to determine who is
meeting different laws. He also stated a 36 foot motor home was too large for a front yard, and
should be reduced.
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March 23, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz stated a compromise is needed and one of the most important
components to this is to make sure the Ordinance can be easily read and understood; and a good
publicity program is put in place as the community was not informed when the current ordinance
was adopted, which was part of an overall revision of the Zoning Ordinance in 1995. She
expressed concern about realtors relaying the correct information to homebuyers about RV
parking regulations, as the burden will probably come back to the City.
Staff noted the new regulations will be publicized in the Orange Progress, Channel 3, the local
press and in brochures at public counters.
Mayor Murphy noted that no matter what ordinance is adopted, if it is different, there will be
parking situations that are no longer allowed; and was in favor of providing a pathway to allow
RV parking for those residents who already have this allowed. He was in favor of an
amortization program, with the burden of proof on the owner and not the City. He also noted
the biggest problems seem to be with the street parking, which is being addressed with a separate
Ordinance.
Councilmember Alvarez reiterated his concern with the amortization program and suggested
everyone adhere to one ordinance. He could not support the amortization program as it waters
down the ordinance.
Mayor Murphy suggested dealing with Section J, the amortization program, in a separate motion.
Councilmember Coontz suggested there needs to be more discussion on the amortization
program with information to see ifit is working.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Murphy
NOES - Coontz, Cavecche
Moved that Ordinance No. 7-04, with the exception of Section J regarding amortization, be read
by title only and same was set for second reading by the preceding vote.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Coontz, Mayor Murphy
NOES - Alvarez, Cavecche
Moved that Section J become part of Ordinance 7-04 with the understanding that an evaluation
report be brought back to the Council after six months.
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March 23, 2004
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO 10-04 (FIRST READING) (A2500.0 ORD 10-04 PARKING)
An Ordinance of the City Council of the City of Orange amending Section 10.34.060 of the
Orange Municipal Code regulating the parking and storage of oversized vehicles on City streets.
Discussion
City Attorney David De Berry reviewed the revisions made to the proposed Ordinance and
presented at the meeting. He explained that this ordinance would allow RV owners to park
RV's on the street only for two consecutive days for loading and unloading purposes.
The ordinance also allows property owners to have visitors park RV's for up to seven
consecutive days in the street in front of their property, with a permit obtained by the Police
Department. Property owners who violate the terms of their permits will be unable to obtain
another permit for six months.
RV owners will be prohibited from sleeping in their RV's while parking on public streets with
the exception that the driver is falling asleep at the wheel and needs to take a break.
Extension cords running from the property owner's residence to their visitors' RV's will not be
permitted, except for a temporary connection. RV owners however, may run a cord from their
vehicle to the residence while parked in the property owner's driveway.
Mayor pro tern Cavecche spoke in support of this Ordinance; but noted her preference would be
for visitors to be able to park only in driveways and not the street.
Councilmember Coontz asked about overnight camping and electricity hook-ups to homes.
Mr. Mullins explained that only a temporary connection on private property is allowed, if an RV
begins to look like a residence, then there is a problem.
Mr. DeBerry explained when a permit is issued from the Police Department, a fact sheet will be
distributed along with it which will indicate rules and regulations for RV owners.
Councilmember Coontz suggested that there be a reference in the Ordinance that a procedure is
in place for the permits.
Mayor Murphy received assurance from the Police Department that they are in concurrence with
the permit process for visitor parking and that it is enforceable.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 10-04 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
March 23, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 15 to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's Negotiator: Personnel Director Steven Pham
Personnel Manager Mike Harary
Personnel Analyst Pat Roth
Employee organization: Orange City Firefighters Association
Orange Fire Management Association
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
Tom Davidson, Address on File, spoke on the proposed Irvine Company development in East
Orange and the trail system.
Kathy Stevens, Address on File, spoke on the proposed Irvine Company development in East
Orange and on water quality issues.
Mel Vernon, on behalf of Keep Orange Clean, Address on File, spoke on the RV issue.
Dorothy Stewart, Address on File, spoke on the RV issue.
Deborah Larson, Address on File, spoke on the proposed Irvine Company development in East
Orange.
Cathy Crair, Address on File, spoke on the noise and traffic issues on East Chapman: and the
proposed Irvine Company development in East Orange.
Mark Sandford, Address on File, spoke on Class A and Class B trails and future development in
East Orange; and spoke on problems with the proposed sports park in East Orange and suggested
moving the sports park to the acreage on the east side of Jamboree next to the College.
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13. PUBLIC HEARINGS
13.1 FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM
(C2500.G.1.3)
Time set for public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Program Committee for the City's FY 2004-05 CDBG
Program and HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds
are allocated annually to the City by the U.S. Department of Housing and Urban Development
(HUD).
Discussion
Mary Ellen Laster, Housing Manager, reviewed the CDBG program process, criteria for funding,
funding recommendations and acknowledged members of the CDBG Committee - Mary Ellen
Manning, Victoria James, Larry Labrado Jr., and Fernando Rico.
In response to Council questions, she explained that contingency amounts are used for capital
projects, not public services; and the non profit organizations are either based in Orange or serve
Orange residents and are funded proportionately to the number of people served. Also, the
organizations are required to submit quarterly reports, and staff does follow up on the
organizations and reports back to the Committee. The City also funds the Fair Housing Council
of Orange County because the City is required to fund a fair housing component as part of this
program.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Dr. Robyn Tunstall, 238 N. Grand, President of YWCA, asked for a modification in the CDBG
Committee's recommendations to include YWCA for funding for its First Step Program.
Denise Desmond, Alzheimer's Association of Orange County, spoke on the merits of the
Association, which was not recommended for funding.
Lois Barke, Address on File, spoke on the merits of YWCA and the Alzheimer's Association.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Councilmember Coontz asked about the YWCA and Alzheimer's Association and why they
were not funded.
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13. PUBLIC HEARINGS (Continued)
Ms. Laster explained the CDBG Committee felt the YWCA was not operating at full capacity
and may not be ready for funding for their First Steps Program; and the Alzheimer's Association
did not have approve historical data to confirm that those who were helped were low income.
Councilmember Alvarez asked about the programs through St. Joseph Health System and
Working Wardrobes.
Ms. Laster explained the St. Joseph Health System program provides advocates for children with
health problems and Working Wardrobes provides business clothes for interviewing.
Councilmember Alvarez stated the St. Joseph Health System and Working Wardrobes programs
are good services but not at the same level as other organizations that directly help the homeless;
and stated he would rather direct that money to the YWCA where there seems to be more of an
urgent need.
Mayor pro tern Cavecche noted this is the first year for funding for St. Joseph and that most
organizations are being recommended for funding at 100%. She asked about the idea of funding
more organization by giving a little less to more organizations rather then the 100% requested.
Ms. Laster explained the Committee wants to give enough money to be workable to the
organizations.
Councilmember Ambriz clarified these are federal funds for families in Orange who are in need
and gave credit to the staff and to the Committee for their recommendations. He wanted to
respect the recommendations of the Committee and was glad to see how much staff had worked
to get the word out for the CDBG program.
Councilmember Coontz noted Working Wardrobes provide clothing to shelters and churches and
provides clothing for both men and women.
Councilmember Coontz also asked if there was a history of organizations falling out of the
system. She noted that organizations have been notified they were on the list for recommended
funding; and past practices indicate those organizations will probably receive the funding being
recommended. If a change is made, those organization should be present to speak to the issue.
Mayor pro tern Cavecche suggested sending this item back to the CDBG Committee as she could
not follow the logic in not funding the YWCA as there does not seem to be any other program
like theirs.
Councilmember Alvarez suggested moving ahead with this item, with a modification to take
money from St. Joseph Hospital and give it instead to the YWCA.
Mayor Murphy agreed that any changes should go back to the CDBG Committee.
PAGE 16
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CITY COUNCIL MINUTES
March 23, 2004
13. PUBLIC HEARINGS (Continued)
Mary Ellen Manning, CDBG Committee, stated the Committee did a lot of homework with a
great deal of information and that the Committee was in complete agreement with the decisions.
She also noted 14 Orange residents are served with the YWCA program.
Councilmember Ambriz noted if this goes back to the CDBG Committee, the Committee needs
to look at all organizations that did not receive funding and not just the YWCA.
Councilmember Coontz noted if there are complaints with the process, the Committee should be
given the opportunity to come forward and speak to their reasoning behind their decisions; and if
one organization is sent back for review, all organizations should be sent back for review.
Council Action:
FY 2004-05 Community Development Block Grant (CDBG) Program
MOTION - Alvarez
SECOND-
AYES
Moved to accept funding recommendations with the exception to move the funding from St.
Joseph Health System to the YWCA First Step Program.
MOTION DIED FOR LACK OF SECOND
MOTION - Cavecche
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Cavecche
NOES - Ambriz, Coontz
Moved to return this item to the CDBG Committee asking that the Committee meet and try to
allocate money to include the YWCA Program and return to Council. The Council hearing is to
be readvertised.
FY 2004-05 HOME Investment Partnerships Act Program
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
March 23, 2004
13. PUBLIC HEARINGS (Continued)
1. Authorized staff to request and receive $677,881 in HOME funds from the United States
Department of Housing and Urban Development (BUD) for FY 2004-05; and
2. Authorized the City Manager or his designee to execute the FY 2004-05 HOME Program
Grant Agreement and all related documents on behalf of the City.
13.2 APPEAL 495-04 ON CONDITIONAL USE PERMIT 2468-03 - LA CABANA
RESTAURANT (A4000.0 APP-495-04)
Time set for public hearing to consider an Appeal, by Mayor pro tern Carolyn Cavecche, of the
Planning Commission's approval of Conditional Use Permit No. 2468-03 to allow live
entertainment in conjunction with an existing bona fide restaurant that sells alcoholic beverages
at 3063 West Chapman Avenue.
Reason for appeal:
"The issuance of this CUP is not consistent with sound land planning.
On 1/27/04 the City Council approved a project submitted by Trammel Crow. The applicant
anticipates closing escrow in the spring with demolition planned for this summer. With
approval of this project, the Council has set a clear vision for the Uptown Orange area.
Why would we grant a CUP that extends and enhances a use that will no longer exist?
I would rather this Council and Planning Commission judge future uses of the retail
component on an individual basis as they come forward."
Discussion
Alice Angus, Community Development Director, explained that since the Appeal was filed, the
restaurant use has vacated the site and the property owner is not interested in maintaining the
permit.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
MOTION -Cavecche
SECOND -Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to approve Appeal 495-05, denying Conditional Use Permit 2468-03.
PAGE 18
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CITY COUNCIL MINUTES
March 23, 2004
13. PUBLIC HEARINGS (Continued)
13.3 ORDINANCE NO. 8-04 - INFILL RESIDENTIAL DEVELOPMENT (A2500.0
ORD-8-04 ZONING)
Time set for public hearing to consider adding Section 17.14.255 to the Orange Municipal Code
and amending Section 17.10.070 to establish design guidelines and procedures for the review of
infill residential development.
Discussion
Alice Angus, Community Development Director, explained that the ordinance provides
guidelines for review of home addition projects to ensure that additions will compliment existing
developments.
Councilmember Coontz asked if this will replace FAR requirements. She stated this proposed
Ordinance contains good design elements, pointing out that some existing homes do not even
necessarily meet the proposed guidelines.
Ms. Angus explained this does not replace FAR, which will be reviewed in the future; and this
Ordinance can also be applied to new large scale projects.
Councilmember Alvarez noted this was one of the best examples of what the City needs for infill
development, that it tries to reinforce established urban patterns; and asked about the
responsibilities of the DRC and the Community Development Director.
Ms. Angus explained this Ordinance provides a balance on how much oversight and processing
goes into applications; and gives staff the ability to work with applicants; and that not every
project will have to go to DRC.
Councilmember Coontz spoke about the problems with some second story additions and wanted
assurance that staffwill interpret the guidelines consistently.
Councilmember Ambriz asked how this information will be made available to the public.
Ms. Angus commented that staff has been instructed to inform residents inquiring about building
permits of the new ordinance. Information will also be available on the City's website and in the
local paper and in brochures available at the office counter. Local architects and contractors will
also be made aware of the ordinance.
The Council complimented the actions taken in the new ordinance and thanked staff for their
efforts.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
March 23, 2004
13. PUBLIC HEARINGS (Continued)
Council Action:
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
Moved to find Ordinance No. 8-04 categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines Section 15305.
ORDINANCE NO. 8-04 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending the Orange Municipal Code
by adding Section 17.14.255 and amending Section 17.10.070 to establish procedures for the
review of in fill residential development.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 8-04 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 9847
A Resolution of the City Council of the City of Orange approving infill residential design
guidelines to establish procedures for the review of infill residential development.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9847.
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CITY COUNCIL MINUTES
March 23, 2004
13. PUBLIC HEARINGS (Continued)
13.4 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT AGENCY
- SALE OF PROPERTY TO CITY TOWN CENTER, L.P., A CALIFORNIA LIMITED
PARTNERSHIP (A2100.0 AGR-4455)
Time set for a joint public hearing with the Orange Redevelopment Agency to consider and take
action on making certain findings that City-owned real property located adjacent to and east of
Manchester Avenue north of Sheringham Street in the City of Orange is deemed surplus
property; authorizing the transfer and sale of the City owned surplus property to the Orange
Redevelopment Agency; and approving the subsequent sale of the surplus property by the
Orange Redevelopment Agency to City Town Center, L.P., a California limited partnership.
Mr. Jim Reichert, Acting Economic Development Director, provided a brief report.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9832
A Resolution of the City Council of the City of Orange finding that certain City-owned real
property consisting of approximately 12,905:!: square feet located adjacent to and east of
Manchester Avenue north of Sheringham Street in the City of Orange is surplus to the City's
needs; authorizing the sale thereof to the Orange Redevelopment Agency; and approving the
subsequent sale thereof to City Town Center, L.P., a California limited partnership.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9832.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Amended the revenue budget in account 272-5011-291100 (Sale of Real Property) by
$64,526.10 for the receipt of the proceeds from the sale of the surplus property.
PAGE 21
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CITY COUNCIL MINUTES
March 23, 2004
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 8:53 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Planning Commission, on April 6, 2004 at 6:00 p.m. in the Weimer Room at City Hall
to review the proposed Capital Improvement Program Budget. The next regular City Council
meeting is scheduled for April 13, 2004.
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