4/27/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY II, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 27, 2004
The City Council of the City of Orange, California convened on April 27, 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 Chris Singer, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation of Proclamation honoring Arbor Day and announcement of tree planting on
May I, 2004; presented to Doug Kokesh, City of Orange Tree Services Coordinator; Ann
Boice, Girl Scouts; and Dan Slater, Rotary International.
Presentation of Proclamation declaring City of Orange as a Relay for Life Community
and declaring May 7, 2004 as Orange Becomes Purple Day in recognition of the
American Cancer Society Relay for Life event; presented to Marsha Zembower and
Taryn McDonald representing the American Cancer Society.
The following employees received Service Awards: Shawn Blackiston - Finance; Kelly
Pagano - Police; Majid Farhat - Public Works; Paul Stupy - Water (not present);
Ascencion Monjaraz - Police; Daniel Carbaugh - Police (not present); Paul Ruseler -
Public Works (not present); LaVerne Cooper - Public Works (not present); Sheryl
Dinsmore - Community Services; Jeffery Olson - Fire (not present); Miguel Perez -
Fire (not present); Ross Peterson - Police.
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
April 27, 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 City Council
Agenda of a regular meeting of April 27, 2004 at Orange Civic Center in the north
facing kiosk, Police facility at 11 07 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 Drive.
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 April 8 and 15, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, April 13, 2004 and
Adjourned Regular Meeting April 20, 2004. (C2500.D.4)
ACTION:
Approved.
NOTE: Councilmember Ambriz responded to comments made in his absence at the
April 13, 2004 City Council meeting. He explained his absence as due to an opportunity
to present the United States flag at the opening Anaheim Angels baseball game with fifty
of his family and friends present. After a three minute standing ovation, he regarded the
experience as awesome. If given the opportunity, he stated he would make the same
choice to represent the City of Orange before the country's national pastime.
Councilmember Ambriz apprised the City staff of this opportunity as soon as he leamed
about it.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending March 31, 2004.
(C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Award of Consultant Services Agreement for NPDES Commercial and Industrial
Inspections. (A2100.0 AGR-4474)
SUMMARY: The City's NPDES permit includes requirements for inspection of all
commercial and industrial sites within the City. The current Orange County Drainage
Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP) further
establish inspection criteria and schedules. In order to meet the inspection deadlines, the
City requires the services of an experienced engineering/consulting firm.
NOTE: A request was received from Staff to continue this item to May II, 2004.
ACTION: Continued to May 11,2004.
FISCAL IMPACT: Funds in the amount of $40,000 are available in Account No. 220-
5022-426700 (Other Professional and Consulting Services).
(REMOVED AND HEARD SEPARATELY)
3.7 Award of Consultant Services Agreement to JHTM and Associates for AlE Design
Oversight and Construction Management of Fire Station 8 Permanent Facility
(SP 3476) project. (A2100.0 AGR-4480)
SUMMARY: This contract authorizes JHTM and Associates to provide (I) AlE Design
oversight including review of plans, specifications, and estimates; and (2) Perform
construction management for Fire Station 8 permanent facility project.
Discussion
Harry Thomas, Public Works Director, reviewed the process in selecting a consultant for
this project. The City received two proposals. The staff recommends JHTM, the current
Library project consultant, be awarded the contract. The staff based their decision on
receiving the best value for the amount of money available to complete the project.
Councilmember Alvarez referred to a letter of protest the City received ABS, a
competitive bidder. Councilmember Alvarez questioned why the staff discounted ABS'
previous experience; noting past problems of cost overruns due to lack of experience on
other projects with other firms; and hoped the most experienced consultant would be
chosen.
Mr. Thomas responded that JHTM has been involved in 14 fire station projects; and
while the two proposals ranked very closely to each other, JHTM does have sufficient
experience to deliver the type of project needed within the budget limits. The staff will
work with the consultant and monitor this project closely.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
Councilmember Coontz inquired about the Fire Department's participation III the
consultant selection process.
Harry Thomas reported that the Administrative Captain of the Orange Fire Department
and a registered Civil Engineer from Public Works were both involved in the selection
process.
Councilmember Ambriz inquired whether staff or Council approve change orders by the
city for this project. He further questioned at what point the staff notifies Council if the
change orders exceed $30,000.
Assistant City Manager John Sibley clarified that the City Manager can authorize change
orders up to 10% of the cost of the contract not to exceed $30,000. Change orders above
that threshold would return to the Council for approval.
Mayor pro tem Cavecche clarified that JHTM will not actually be building the fire
station.
Harry Thomas agreed and reported that the City will select an architectural firm for
design as well as a construction contractor. This firm, JHTM, would help select an
architect, review drawings and oversee construction activity.
Mayor Murphy commented that the City has a selection process in place that has served
well; and in reviewing the selection of JHTM, he found it complied with this pre-
approved process. He suggested the Council move forward on this decision.
Councilmember Coontz felt confident in the staff decision of awarding JHTM with this
project, especially considering the Fire Department's involvement in the selection
process.
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
ACTION: Awarded the contract in the amount of $98,214.00 to JHTM and Associates
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
594-3011-481200-2681 CIP Building & Improvement - Fire Station 8 $160,000.00
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
3.8 Street lighting and sign/banner agreements with Southern California Edison.
(A2l00.0 AGR-3846.D; 4475; 4476)
SUMMARY: Approval of these three agreements will permit the City to place
community event banners and signage on street light poles owned by Southern California
Edison at no charge.
ACTION: Approved Contract Agreements with Southern California Edison for the
placement of banners on Edison-owned poles and formalizing LS-I, LS-2 and LS-3 rate
service agreements, and authorized Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: No direct fiscal impact.
3.9 First Amendment to Attorney Services Agreement with the Law Firm of Woodruff,
Spradlin & Smart for personnel legal services. (A2100.0 AGR-2886.I.E.l)
SUMMARY: The City entered into an agreement with Woodruff, Spradlin & Smart to
provide personnel legal services. The proposed First Amendment will increase the not to
exceed amount from $50,000 to $75,000.
ACTION: Approved proposed First Amendment to Agreement with Woodruff, Spradlin
& Smart and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available in Personnel Legal Services Account
No. 100-0301-426111.
BIDS
(REMOVED AND HEARD SEPARATELY)
3.10 Police Department Sergeants' Office/Report Writing Room/Equipment Room
Relocation Project. Approval of plans and specifications, and request for
authorization to advertise. (C2500.K)
SUMMARY: Plans and specifications have been completed for the Police Department
Sergeants' Office/Report Writing Room/Equipment Room Relocation project. The
project is ready to be advertised. The estimated construction cost is $203,039. Once the
bids are received and actual costs are known, staff will make a recommendation for
award based on available funds.
Discussion
Councilmember Alvarez questioned the Chief of Police regarding the cost of actual
construction versus the cost of equipping and furnishing the Writing Room/Equipment
Room.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
The Chief of Police reported the project as ongoing for two years with monies from two
sources: CIP and CLEEP. CLEEP funds need to be used toward technology; and the CIP
funds will be used for construction.
Assistant City Manager John Sibley reported that the request for project bids is currently
in process. He commented that the total cost or appropriations for this project remain
uncertain until staffreceives bids.
Councilmember Coontz suggested that future reports outline budget items and individual
fund purposes.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved plans and specifications and authorized advertising for bids for the
Police Department Sergeants' Office/Report Writing Room/Equipment Room Relocation
project.
FICSAL IMP ACT: Funds are budgeted in the following accounts:
100-4011-481200-2107 (CIP Improvements) $ 89,983
100-4011-481301-2254 (CLEEP Grant) $ 70.297
$160,280
3.11 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. Carlos Flores
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract - Bid No. 034-40; Project No. SP-3480; CDBG Project -
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, Fiscal Year 2003-04. (A2100.0 AGR-2182.A)
SUMMARY: This project will provide for construction of wheelchair access ramps
conforming to the requirements of Americans with Disabilities Act at various locations
citywide.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
ACTION: I) Awarded Contract - Bid No. 034-40 in the amount of $141,750 to the low
bidder, Damon Construction Company, 8851 Watson Street, Cypress, CA 90630 and
authorized the Mayor and City Clerk to execute on behalf of the City.
2) Appropriated $10,000.00 from 310-9645-491300-1070 (CDBG Contingencies) to 310-
9645-483300-1328.
FISCAL IMPACT: Funds are budgeted and will be available in the following account:
310-9645-483300-1328 $ 156,800 (Community Development Block Grant
Funds- ADA Improvements)
3.13 Award of Construction Contract for Project No. S.P. 3454; Community
Development Block Grant (CDBG) Street Reconstruction, Bid No. 034-35; Hill
Street: Phillips Pl. to Montgomery PI.; Walnut Avenue: Tustin St. to Park Ln.;
Palmyra Avenue: Tustin St. to east cul-de-sac. (A2100.0 AGR-4477)
SUMMARY: The bids were opened on March 25, 2004. Six bidders responded to the
request for public bids. The apparent low bidder is Orion Contracting.
ACTION: I) Awarded the contract in the amount of $371,409.00 to Orion Contracting,
806 E. Pico, Suite 1-337, San Clemente, CA 92672; and authorized the Mayor and City
Clerk to execute on behalf of the City.
2) Appropriated $16,600.00 from 310-9645-491300-1070 (CDBG Contingencies) to 310-
9645-483300-3219 (Hill Street).
3) Appropriated $21,000.00 from 310-9645-491300-1070 (CDBG Contingencies) to
310-9645-483300-3026 (Walnut Avenue).
FISCAL IMPACT: Funds are budgeted and are available in the following accounts:
310-9645-483300-3219 $ 86,600 CDBG (Hill Street)
310-9645-483300-3019 $158,600 CDBG (Palmyra Ave)
310-9645-483300-3026 $138,600 CDBG (Walnut Ave)
3.14 Award of Contract - Bid No. 034-36, Hart Park Bandshell Renovations (A2100.0
AGR-4478)
SUMMARY: The bids were opened on April 8, 2004 and three formal bids were
received for this project. The apparent low bidder is Adnan Farhat Construction in the
amount of$37,800.
Discussion
Mayor pro tem Cavecche inquired about the large budget discrepancy between the
recommended lowest bidder for the Hart Park Bandshell renovations and the bid
proposals ranked second and third.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
Community Services Director Gary Wann reported that staff recommend the lowest
bidder, Adnan Farhat Construction for $37,800. He commented that both the second and
third ranked proposals included multiple sub contractors, while Adnan Farhat
Construction brings one sub contractor to the project. He further reported that staff
conducted a thorough reference check in the selection process. The reference checks for
Adnan Farhat Construction indicated that this firm can complete the project.
Councilmember Coontz expressed concern about the quality of the work in the past and
for this renovation, based on her experience with the first renovation and extension of the
Hart Park Bandshell. She described the Bandshell as a beautiful and useful facility; and
inquired if the City can ensure against the destruction of this Bandshell over a period of
time.
Gary Wann reported that a committee does not exist to monitor the Bandshell, but he
hopes the public will look at the Bandshell in its historical context and not damage it.
Councilmember Steve Ambriz expressed similar concerns about the bid discrepancies;
and thanked staff for completing research and reference checks on the recommended
firm.
Councilmember Coontz requested that staff include more information in future reports, to
avoid having these questions.
Councilmember Alvarez requested a copy of the plans that were approved by the Park
Commission.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Approved the Award of Bid No. 034-36, Hart Park Bandshell Renovation
to Adnan Farhat Construction, P.O. Box 91401, Long Beach, CA 90809, in the amount
of$37,800; 2) Approved appropriation in the amount of $20,000 from the Proposition 12
fund balance to 320-7021-481200-0027 (Hart Park Renovation Proposition 12);
and 3) Authorized the Mayor and City Clerk to execute contract on behalf of the City.
FISCAL IMPACT: After the appropriation, sufficient funds exist in the following
account: 320-7021-481200-0027 (Proposition 12 Hart Park) $37,800
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
3.15 Final Acceptance of Bid No. 034-02; SP 3426 - Street Rehabilitation Improvements
for Glassell Street from Walnut Avenue to Mayfair Avenne and authorization to file
Notice of Completion with the County Recorder (No staff report required).
SUMMARY: Bid No. 034-02; SP 3426 - Street Rehabilitation Improvements for Glassell
Street from Walnut Avenue to Mayfair Avenue. Contractor: Alliance Street Works, Inc.
Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Insurance
Company of the West of Califomia, Bond No. 2085794 in the amount of $396,501.00,
and authorize the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.16 Final Acceptance of Bid No. 034-14; SP 3456 - Annual Street Maintenance Asphalt
Concrete Overlay at Various Locations, FY 2003-04 and authorization to file Notice
of Completion with the County Recorder (No staff report required).
SUMMARY: Bid No. 034-14; SP 3456 - Annual Street Maintenance Asphalt Concrete
Overlay at Various Locations, FY 2003-04. Contractor: All American Asphalt. Staff
recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08727413 in the amount of $732,732.00, and
authorize the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.17 Final Acceptance of Bid No. 034-15; SP 3457 - Annual Service Contract for
Concrete Replacement at Various Locations, FY 2003-04 and authorization to file
Notice of Completion with the County Recorder (No staffreport required).
SUMMARY: Bid No. 034-15; SP 3457 - Annual Service Contract for Concrete
Replacement at Various Locations, FY 2003-04. Contractor: International Pavement
Solutions, Inc. Staffrecommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Safeco Insurance
Company of American of Washington, Bond No. 6209800 in the amount of $97,770.00
and authorize the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
PARCEL MAP
3.18 Parcel Map No. 2003-158 - Request for approval (720 E. Culver Ave.)
(C2500.M.16.2)
SUMMARY: Parcel Map No. 2003-158 creates two parcel numbers I and 2 to
accommodate a new single-family residence on parcel 2.
ACTION: Approved the Final Parcel Map No. 2003-158, and accepted dedication of
Culver Avenue for street and public utility purposes.
FISCAL IMP ACT: None.
PURCHASES
3.19 Project No. SP-3475; Municipal Parking Lot at 190 S. Olive Street: Purchase of five
(5) parking lot light poles and accessories from Pacific Lighting Sales, Inc.
(S4000.S.3.10)
SUMMARY: Pacific Lighting Sales, Inc. is the only known vendor of the type of light
fixtures specified for the municipal parking lot to be constructed at 190 S. Olive Street.
To ensure that the light fixtures will be available at the time the general contractor is
retained to construct the parking lot, it is recommended that the City Council authorize
the City's Purchasing Officer to purchase the light fixtures and make them available to
the general construction contractor for installation.
ACTION: I) Find that the purchase of five (5) parking lot lights from Pacific Lighting
Sales, Inc. for the proposed municipal parking lot to be constructed at 190 S. Olive Street
is exempt from the City's formal bid procedures on the basis that the vendor is the sole
source for the fabrication and sale of the lights; and 2) Authorized the Purchasing
Officer to purchase the lights from Pacific Lighting Sales, Inc. for the not to exceed sum
of $32,056.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
940-9800-485100-9201 $205,000 (Merged Capital Projects)
3.20 RESOLUTION NO. 9860 (C2500.C)
A Resolution of the City Council of the City of Orange expressing appreciation to Erlinda
Compton, City Records Manager, and commending her for more than thirteen years of
dedicated service to the City of Orange.
ACTION: Approved.
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CITY COUNCIL MINUTES
April 27, 2004
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.21 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area, (downtown area) for a special event. (S4000.S.3.1.2.l)
SUMMARY: The American Cancer Society is sponsoring a "Relay For Life" fund
raising event on Friday and Saturday, May 7-8, 2004, utilizing the athletic field at
Chapman University. Due to anticipated attendance it may be necessary to park in the
surrounding residential neighborhood, which restricts on-street parking except by Permit.
NOTE: Councilmember Ambriz abstained on this due to his involvement with the
special event.
ACTION: Approved the request of the American Cancer Society and suspended the
permit parking restrictions on Friday, May 7th, and Saturday, May 8t\ 2004.
FISCAL IMPACT: None.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.6 was continued to May 11, 2004. Items 3.7, 3.10 and 3.14 were removed and
heard separately. Councilmember Ambriz 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 Reappointment of Ken Domer, Ben Pruett and Teresa Smith to the City of Orange
Planning Commission; terms to expire April 30, 2008. (C2500.G.2.1)
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint Ken Domer, Ben Pruett and Teresa Smith to the City of Orange Planning
Commission; terms to expire April 30, 2008.
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CITY COUNCIL MINUTES
April 27, 2004
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Coontz - Report on Orange Masonic Lodge recognition of
outstanding community volunteers.
Councilmember Coontz reported she had recently attended an event sponsored by the Orange
Masonic Lodge recognizing outstanding community volunteers; and was glad to see so many
volunteers in the community. Those recognized include:
Sue and Arlen Craig, for their work with the Santiago Creek Greenway Alliance in promoting
the restoration and awareness of the Santiago Creek;
Nathan Armstrong and Mike Lytle, for their work with Fire Explorer Post 547;
Suzanne Sanchez, Orange Police Department volunteer;
Lloyd Harwood, volunteer with the Orange Senior Center and active member of the Ham Radio
Club;
Mel Slavick, an artist and sculptor who has volunteered his services to the Orange Public Library
working on bronze busts of the City's founders and designed and built concrete book benches for
the Library;
Jeff Cole, a director and producer who shoots and edits the cable TV show, Live at the Library.
Off Al!enda Item
Councilmember Ambriz requested the City Attorney provide a report at the May II th Council
meeting regarding Signs of Support. With the identification of additional funds of approximately
$25,000, Councilmember Ambriz requested the Council consider using those funds toward a
project, such as the picnic shelter and playground equipment at Shaffer Park. Although the City
plans to complete this project next year, Councilmember Ambriz would like to see it go forward
as soon as possible.
Councilmember Coontz inquired about the criteria for improvements to the parks, and if the City
of Orange has already designated those funds for another purpose.
Assistant City Manager John Sibley commented on Signs of Support and the uses ofthese funds;
noting the City has earmarked these funds for parks programs, specifically for youth programs.
Mayor pro tem Cavecche found the City Attorney's report explanatory and complete, and
inquired about the need for additional reports.
Councilmember Ambriz noted that additional information is available that was not presented at
the previous council meeting on this issue.
Councilmember Coontz requested the Council be copied agam on the report for Signs of
Support.
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CITY COUNCIL MINUTES
April 27, 2004
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director - Award of Contract; Bid No. 034-28, Waterline
Renewals for Lemon, Oceanview, Gayle, Little Main and Shaffer Street (W-623). (A2100.0
AGR-4479)
SUMMARY: The bids were opened on March 23, 2004. Ten (10) bidders responded to the
invitation for bids. The apparent low bidder is Henkels & McCoy, Inc. of San Dimas, CA, for
the total of $427,770.00.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
I) Appropriated from Water Fund 600 Reserves $320,000.00 to 600-8041-425200, Maintenance
of Water Mains.
2) Awarded a contract in the amount of $427,770.00 to the lowest responsible bidder, Henkels &
McCoy, Inc. of 155 Eucla Avenue, San Dimas, CA, 91773; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT:
appropriation is:
Acct No. 600-8041-425200
Acct No. 601-8041-485100-8400
Funding for this project with the recommended fund transfers and
Maintenance of Water Mains
Pipeline Renewal Materials
$320,000.00
152,000.00
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 7-04 (SECOND READING) (Continued from April 13, 2004)
(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 of recreational
vehicles.
Discussion
Councilmember Alvarez commented that the proposed ordinance does not address the size of
recreational vehicles allowed for storage in side or rear yards. He requested the Council
determine and approve the size of recreational vehicles allowed, the number of recreational
vehicles per property allowed, and the parameters of grandfathering in this ordinance. He
inquired how the City would enforce or not enforce the grandfathering and other portions of this
ordinance.
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CITY COUNCIL MINUTES
April 27, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz requested clarification on the number ofrecreational vehicles allowed in
side and rear yards without creating a storage area.
Mayor Murphy commented that some residents are under the impression that this ordinance
would allow residents to rent space at their homes for storage. He inquired if this practice would
be prohibited based on conducting business without a license.
City Attorney David De Berry responded that no change in this ordinance would affect that
issue. Based upon storage, that type of small business would be treated as a zoning code
violation.
Councilmember Coontz referred to a citizen's question about whether someone could rent out
living space in a recreational vehicle parked in a resident's back yard; that these types of issues
need to be clarified.
David De Berry responded that zoning code violations would also cover that situation.
Mayor Murphy suggested the Council can either choose to provide recommendations on material
changes to the ordinance at this Council Meeting to be created as a first reading of the
Ordinance; or if the ordinance returns to staff, the Council needs to provide specific directions to
staff on how to amend the ordinance. He suggested this proposed ordinance restore size
limitations for the rear and side yards as based on the current ordinance; and further suggested a
discussion on the number of recreational vehicles per property.
Councilmember Alvarez expressed concern regarding large mobile structures measuring thirty-
six feet long and twelve feet high, and also on the criteria of one recreational vehicle per
property.
Councilmember Coontz asked for clarification on the current limitations for recreational vehicles
in the side and rear yards.
Building Official Brent Mullins referred to the current ordinance, enacted in 1995, which allows
an unlimited number of recreational vehicles stored in the side or rear yard of properties,
restricted to a height of eleven feet and length of thirty-six feet. The current ordinance requires
all recreational vehicles be stored behind a solid six foot fence.
Mayor pro tem Cavecche clarified that the proposed ordinance would require a six foot fence
around recreational vehicles stored in the side or rear yards, but yet would allow recreational
vehicles stored in driveways.
Councilmember Alvarez asked for clarification on the grandfathering portion of the proposed
ordinance.
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CITY COUNCIL MINUTES
April 27, 2004
9. LEGAL AFFAIRS (Continued)
Brent Mullins explained the concept of grandfathering for this ordinance. The City would allow
residents of Orange to continue benefiting from the law enacted at the time of purchase of their
recreational vehicles. Three categories would exist with Category I residents in compliance with
the proposed law, Category 2 residents in compliance with the 1995 ordinance, and Category 3
residents in compliance with the 1983 law. He reported that residents could either voluntarily
apply for categorization or a complaint would lead to categorization.
Councilmember Coontz inquired why the proposed ordinance does not include the requirements
and process for categorization. She asked how staff will apprise residents of the requirements
and indicated that residents need to understand the regulations in order to follow them.
Brent Mullins responded that staff intends to publicize the procedure and review the process in
six months.
Councilmember Coontz asked if the procedure will be added to the ordinance at a later date ifit
eventually works; and expressed the need to stipulate what the grand fathering procedures
involve.
City Attorney David DeBerry responded that the proposed categorization process implements the
ordinance, and does not need to be included in the ordinance itself. The ordinance does include
language regarding grandfathering; however, code enforcement is separate from that.
Councilmember Alvarez expressed concern on how disclosures of the new ordinance affects
property buyers. He commented that a selling homeowner who conforms to previous ordinances
must disclose the new ordinance regulations to a buyer who may anticipate benefiting from
recreational vehicle storage. He further inquired about the methods of enforcement of disclosing
this information.
City Attorney David DeBerry agreed that despite legal requirements of real estate disclosures,
the situation of a home seller not disclosing the new ordinance information on recreational
vehicles to the property buyer may occur.
Councilmember Alvarez addressed the issue of streetscape for Orange, noting that the back yard
scape is also important; and reiterated that 36 foot long RV s are too big for a residential
neighborhood, whether it's in the front or rear yard.
Councilmember Coontz suggested the Council adopt the ordinance and review its progress over
a six month period.
Councilmember Ambriz commented on the screening of recreational vehicles in the back yard.
He asserted that if the Council begins attacking one portion of the ordinance, a domino effect
will ensue.
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CITY COUNCIL MINUTES
April 27, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Alvarez inquired about the process for inspections and expressed concern that
residents, not enforcement officers, would police other residents.
Councilmember Coontz commented that the residents already have engaged in this.
Councilmember Cavecche, in referencing a letter received by a resident, explained that she had
come to a conclusion after the public hearing, so had already made up her mind on this issue by
the time the Ordinance was proposed for a first reading. She expressed her opposition to the
ordinance and her intention to vote no.
Councilmember Alvarez reiterated his concern about the size of RVs, that 36 feet is too large,
and suggested the ordinance return to city staff for further review. He commented that if the
Council considers the ordinance at this meeting, he would vote no at this point.
Councilmember Coontz stressed the need to come to a decision and review the ordinance results
over the next six months. She commented that the City can not disallow residents from checking
on neighborhoods as part of code enforcement.
Mayor Murphy requested a first reading of ordinance with the addition of wording that avoids
relaxing current requirements of side and back yards.
City Attorney David DeBerry suggested the Council could include language under Section H,
Parking/Storage in Side and Rear Yards, that the recreational vehicle does not exceed 36 feet in
length and 12 feet in height.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Murphy, Coontz
NOES - Alvarez, Cavecche
Moved that Ordinance No. 7-04, as revised, be read by title only and same was set for second
reading by the preceding vote.
9.2 ORDINANCE NO 11-04 (SECOND READING) (A2500.0- FINANCE DIRECTOR)
An Ordinance of the City Council of the City of Orange amending certain portions of the Orange
Municipal Code for the purpose of conferring upon the Director of Finance the duties of Tax
Collector, Business Fee Collector, and Business Services Coordinator.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 11-04 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
April 27, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:20 p.m. to a Closed Session for the following purposes:
a. Conference With Real Property Negotiators pursuant to Government Code Section
54956.8
Property: La Veta Park
City Negotiator: David DeBerry
Negotiating parties: City of Orange and Union Pacific Railroad
Under negotiation: Price and terms of payment.
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
I) Hambarian v. City of Orange, Orange County Superior Court Case No. 03CC0957
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM (A2500.0)
Time set for public hearing to consider adoption of a resolution of the City Council of the City of
Orange adjusting fees for the City's Transportation System Improvement Program (TSIP), by
varying amounts, for all fee categories within TSIP Areas A, Band C
Director of Public Works Harry Thomas reported on the Transportation Systems Improvement
Program. The plan intends to cover a portion of the costs needed for the growth generated by
new development; and will recover 20% of the improvement costs. City of Orange
transportation fees measure up favorably with eight other cities of comparable size and
development activity. Staff met with representatives of the Chamber of Commerce and the
Building Association for an equitable approach to balancing the needs for infrastructure with the
needs for economic development in the City of Orange.
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CITY COUNCIL MINUTES
April 27, 2004
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9859
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9859.
13.2 FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM (C2500.G.1.3)
Time set for public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Committee for the City's FY 2004-05 CDBG Program.
NOTE: A hearing on this matter was originally held Tuesday, March 23, 2004; at that time, the
City Council returned the CDBG Program Committee's recommendations to the Committee for
further consideration.
Discussion
Mary Ellen Laster, Housing Manager, reported the CDBG committee met to reconsider funding
for the YWCA; and unanimously voted to support their original recommendations for funding.
She further noted that the YWCA withdrew its request for CDBG funding. She acknowledged
the work of the CDBG Committee - Mary Ellen Manning, Vicki James, Larry Labrado Jr, and
Fernando Rico.
Council Ouestions
Councilmember Alvarez inquired how the CDBG committee determines that reviewed programs
serve the legal residents of Orange.
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CITY COUNCIL MINUTES
April 27, 2004
13. PUBLIC HEARINGS (Coutinued)
Mary Ellen Laster responded that the CDBG committee requires a listing of those benefiting
from the services, although it does not include information on the legal residence of those
beneficiaries. The non profit organizations also provide quarterly reports to staff, and
inspections are done on the facilities.
Councilmember Alvarez inquired about the history of funding awarded to different groups and
why certain programs continue to receive funding. He thanked staff for including reports of the
funded programs to ensure they meet requirements, and inquired on the number of first time
applicants.
Ms. Laster indicated the Fair Housing Council must be funded according to federal regulations;
and many of the organizations provide unique programs not offered elsewhere. She stated St.
Joseph Hospital was a first time applicant which advocates for the health and safety of children.
Councilmember Ambriz expressed disappointment at the YWCA's withdrawal for CDBG
funding, especially since they gave no reason. He thanked the CDBG committee for their
challenging work and for keeping to their convictions. He acknowledged the great work of all
programs that applied for CDBG funds, and encouraged non-profit organizations to continue
applying in the future.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people thanked the Council and the CDBG Committee for funding:
Diane Wright, Mariposa Women's Center
Kathy Strong, Women's Transitional Living Center - submitted annual report
Cathy Seelig, Friendly Center
Jerry Rosen, Working Wardrobes
Kathy Leichtfuss, Assistance League of Orange
Shannon Dwyer, St. Joseph Health System
Ken Babcock, Public Law Center
Bill O'Conell, Collette's Children's Home
Grace Mucci, Assessment and Treatment Services Center
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmember Coontz expressed pride in the tremendous job and thorough diligence conducted
by the City of Orange in reviewing applicants for CDBG since the 1970's. She expressed hope
that those who did not receive funding this year will receive funding in coming years. She
suggested the Council retum to a system of an informative session with committee in which
Councilmembers could ask individual questions. She commended Mary Ellen Laster on her
management and improvement of the CDBG process each year.
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CITY COUNCIL MINUTES
April 27, 2004
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez suggested it would be helpful to receive informational pamphlets from
the non profit organizations to learn more about the funded programs, as well as invitations to
view the programs on-site.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
1. Approved the funding recommendations of the CDBG Program Committee for the City
of Orange FY 2004-05 CDBG Program.
2. Authorized staff to request and receive $1,607,000 in FY 2004-05 CDBG funding from
the United States Department of Housing and Urban Development (HUD), and allocated
$260,000 of unbudgeted prior year CDBG funds for a total FY 2004-05 CDBG Program budget
of $1 ,867,000.
3. Authorized the City Manager or his designee to execute the FY 2004-05 CDBG Program
Grant Agreement and all related documents on behalf of the City.
4. Authorized the City Manager or his designee to execute Memoranda of Understanding
with City departments, Subrecipient Agreements with nonprofit agencies, and all related FY
2004-05 CDBG Program documents.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 7:55 p.m.
The next regular Council meeting is scheduled for May 11, 2004.
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CTTYCLERK
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MARK
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