6/28/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JULY 12, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 28, 2005
The City Council of the City of Orange, California convened on June 28, 2005 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 Irma Hernandez, Senior Assistant to the City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None.
1.4 PRESENTATIONS; ANNOUNCEMENTS; INTRODUCTIONS
Presentation of Proclamation declaring July as Parks and Recreation Month and
July 18 - 22 as National Aquatics Week.
Presentation of Resolution No. 9986 to Tom Steele of the Public Works Department.
Presentation of Resolution No. 9982 to Dennis Schmitz of the Public Works Department.
Presentation of Resolution No. 9976 to Harry W. Thomas of the Public Works
Department.
Presentation from the League of California Cities to Harry W. Thomas upon his
retirement.
Announcement - the City Council will adjourn in memory of Elmer Hewlett, lifelong
resident of Orange and retired 36 year employee of the City of Orange Water Division.
2.
PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
June 28, 2005
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 Request Council Confirmation of warrant registers dated June 2 and 9, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, June 14,2005.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending May 31, 2005.
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and Orange Elderly Services, Inc. (OES), a
California non-profit corporation, for the administration of recreational, cultural
and social service programs for Senior Citizens at the Senior Citizens Center.
(A2100.0 Agr-0974.U)
SUMMARY: Approval of an annual agreement in the amount of $249,000 with Orange
Elderly Services, Inc. (OES) for the operation and administration ofrecreational, cultural
and social service programs for Senior Citizens at the Senior Citizens Center for FY
2005-06.
ACTION: Approved the Agreement between the City and OES and authorized the
Mayor to execute, and the City Clerk to attest the Agreement on behalf of the city.
FISCAL IMPACT: Sufficient funds exist in Account No. 100-7041-426700 (Contractual
Services) in the amount of$249,000.
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3. CONSENT CALENDAR (Continued)
3.6
Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY 2005-2006. (A2100.0 Agr-4704)
SUMMARY: The Reimbursement Agreement between the City and Agency will create
indebtedness which will enable the Agency to utilize tax increment revenue instead of
bond proceeds to pay for operational costs. This will free up bond proceeds for loans or
projects.
(See ORA Minutes Item No. 3.4)
ACTION: Approved the Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency, and authorized the Mayor to execute, and the City Clerk
to attest, the Agreement on behalf of the City.
FISCAL IMP ACT: There is no net fiscal impact on either the City or Agency budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan.
3.7 Agreement between the County of Orange and the City of Orange for Provision of
Gang Prevention and Suppression Services. (A21 00.0 Agr-1853.M)
SUMMARY: Since 1991, the City of Orange and the County of Orange have entered
into yearly agreements that have provided the City with the services of a full-time
Probation Officer specializing in gang prevention and suppression. The Probation
Officer works in conjunction with the Police Department's Gang Unit to provide
supervision and enforcement of court orders for minors and adults on probation under the
existing policy of the Orange County Probation Department and Superior Court. The
proposed Agreement is for the period July 1, 2005 through June 30, 2006.
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for provision of Gang Prevention and Suppression Services in the amount of
$97,293; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There are sufficient funds budgeted for Fiscal Year 2005-2006 in
Account 100-4032-426700 (Gangs-Other Professional & Consulting Services).
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3. CONSENT CALENDAR (Continued)
3.8 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100.0 Agr-3559.E)
SUMMARY: The Orange Police Department Juvenile Diversion Program is an
alternative to formal processing of juvenile offenders who have exhibited personal or
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems. The Agreement is for the period July 1,2005 through June 30, 2006.
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc. in the amount of $83,766; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City.
FISCAL IMP ACT: Funds are budgeted for fiscal year 2005-2006 in Account 100-4031-
427800 (Detectives-Other Contractual Services).
3.9 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
(A2100.0 Agr-1626.H)
SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,
breath and urine evidence for the Police Department. The proposed Agreement is for the
period July 1,2005 through June 30, 2006.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
CFP in an amount not to exceed $46,000 and authorized the Mayor and the City Clerk to
execute the agreement on behalf of the City.
FISCAL IMPACT: Funds are budgeted for FY 2005-2006 in the following accounts:
100-4031-426700 (Detectives-Other Professional & Consulting Services) $18,000
100-4041-426700 (Traffic-Other Professional & Consulting Services) $28,000
3.10 Employment Agreement for the City Attorney. (A2100.0 Agr-4705)
SUMMARY: In the event the City Attorney were terminated, this is an agreement in
which the City is obligated to pay the City Attorney an aggregate severance sum equal to
six months base salary as of the date of termination, plus an amount equal to one month
of base salary for every two years of continued service with the City as the City Attorney,
not to exceed an aggregate severance sum of one year in salary.
NOTE: Councilmember Ambriz recorded a No vote on this item.
ACTION: Approved Agreement between the City and the City Attorney and authorized
the Mayor and City Clerk to execute on behalf of the city.
FISCAL IMP ACT: The agreement would result in an estimated one time base salary pay
up to $163,860.00.
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3.
3.11
CONSENT CALENDAR (Continued)
Agreement between the City of Orange and VisionAIR, Inc. (A2100.0 Agr-3217.D)
SUMMARY: VisionAIR, Inc. is the vendor for the Police Department's computer-aided
dispatch and records management system (CAD/RMS). The Consultant Services
Agreement for software maintenance, for the period July 1, 2005 through June 30, 2006,
will provide continued support and upgrade services for these systems.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
VisionAIR, Inc. in the amount of $83,965.91 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Funds are budgeted for Fiscal Year 2005-2006 in Account 100-4011-
427800 (Administration-Other Contractual Services) for this purpose.
3.12 Amendment No.1 to Consultant Services Agreement No. 4629 with NBCE, Inc. for
additional engineering and geotechnical services for Meats Avenue from Cambridge
Street to Tustin Street. (A2100.0 Agr-4629.1)
SUMMARY: Amendment No.1 will increase the scope of work to be completed by
NBCE, Inc. to include the geotechnical pavement engineering study for Meats Avenue
from Cambridge Street to Tustin Street.
ACTION: Approved Amendment No. 1 to the NBCE, Inc. Consultant Services
Agreement and increase the contract amount by $6,500 and authorized the Mayor and
City Clerk to execute the Amendment on behalf of the City.
FISCAL IMPACT: Funds are available in the following account:
550-5011-483300-3030 $6,500 Tustin/Meats Intersection Improvements
3.13
Renewal of the agreement between Wittman Enterprises and the City of Orange for
EMT Transportation Program billing services. (A2100.0 Agr-2599.D)
SUMMARY: Wittman Enterprises is the current contractor for Fire Department EMT
Transportation Program billing. Their job is to collect the fees and charges generated
when Fire Department personnel treat and/or transport citizens to the hospital. The
contract between Wittman and the City of Orange is due to expire August 31, 2005. The
Fire Department is recommending renewal.
ACTION: Authorized the Mayor and City Clerk to execute a consultant servIces
agreement on behalf of the City and Wittman Enterprises.
FISCAL IMP ACT: Funds have been budgeted in the following accounts:
125-3015-426700 - Other Professional and Contractual Services - $90,000
100-3022-426700 - Other Professional and Contractual Services - $60,824
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3. CONSENT CALENDAR (Continued)
3.14 Renewal of the agreement between Berryman & Henigar, Inc. and the City of
Orange for Plan Checking services. (A21 00.0 Agr-3100.D)
SUMMARY: Approve a new Consultant Services Agreement between Berryman &
Henigar, Inc. and the City of Orange for Fire Department Plan Review Services in an
amount not to exceed $40,000. The Fire Department is requesting the Consultant
Agreement to provide for continued Fire Department Plan Review Services. Plan
Review fees paid for by the builder offset the costs for Plan Review services.
ACTION: Approved agreement with Berryman & Henigar for Plan Checking services
and authorized the Mayor and City Clerk to execute on behalf of the city.
FISCAL IMP ACT: Funds have been budgeted in the following accounts in FY 05-06:
100-3012-427800 Other Contractual Services $35,000
100-3012-426700 Other Professional and Contractual Services $ 5,000
(REMOVED AND HEARD SEPARATELY)
3.15 Police Towing and Storage Service Agreements and Fee Schedule. (A2100.0 Agr-
4710-4716)
SUMMARY: The Orange Police Department uses private towing companies for the
removal, storage and impound of vehicles during the course of business. Individual
companies are qualified according to the Agreement and Department Order No. 66 and
contracts are to be maintained pursuant to Department Order. The language of existing
agreements has been amended to revise provisions and include an increase of towing and
storage fees that providing companies may charge for services. The contracted
companies have not experienced an increase in City of Orange authorized fees in nearly
fifteen years. The proposed fees were determined based upon a review and comparison
offee agreements authorized in surrounding jurisdictions.
Discussion - Mayor pro tem Cavecche requested the Police Department provide a written
report on why the City's numbers on abatement of abandoned vehicles fees were so low
in comparison to other cities.
Councilmember Dumitru asked if the City considered operating its own impound facility.
Police Captain, James Anderson responded that the discussion has occurred on looking at
impound fees on vehicles impounded over 30 days, especially for suspended and non-
licensed offenders.
MOTION
SECOND
AYES
- Cavecche
- Smith
- Smith, Ambriz, Murphy, Cavecche, Dumitru
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3.
CONSENT CALENDAR (Continued)
Moved approval of Fee Schedule, effective July I, 2005; and authorized the Mayor and
the City Clerk to execute Agreements between the City and Tows R Russ; Taft Towing;
Farwest Towing, LLC; American All Star; Archies Towing, Inc.; Orange Towing; and
American European; on behalf of the City.
FISCAL IMP ACT: There is no fiscal impact for services provided for non-City owned
vehicles. The towing or storage of City owned vehicles operated by City employees will
be charged one-half the normal rate as listed on the Schedule of Fees.
3.16
First Amendment to Provider Services Agreement with U.S. Healthworks Medical
Group to conduct annual physicals through the end of fiscal year 2004/2005.
(A2100.0 Agr-3134.B.l)
SUMMARY: The Personnel Department utilizes U. S. Healthworks Medical Group to
conduct annual employee physical examinations and other agreed upon work-related
physicals. The proposed First Amendment will increase the contract "not to exceed"
amount from $30,000 to $50,000. This will enable the department to pay for an
unanticipated increased number of new pre-employment physicals, and employee fitness
for duty physical examinations.
ACTION: Appropriated $20,000 from the unreserved fund balance of the General Fund
to Account 100-1401-426400 (Medical and Psychological Services); and approved First
Amendment to agreement with U. S. Healthworks Medical Group and authorized Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: After appropriation, sufficient funds will be available in Account
100-140l-426400 (Medical and Psychological Services) to fund increased expenditures.
(REMOVED AND HEARD SEPARATELY)
3.17 Renewal of Four Landscape Maintenance Service Contracts for Fiscal Year 2005-2006.
(A2100.0 Agr-3907.3, 2662.A.6, 2680.A.4, 4023.4)
SUMMARY: The City has four (4) separate contracts for landscape maintenance at City
parks, City facilities and public right-of-ways, assessment district areas, and water well
sites. The term of each contract is for one year, beginning and ending each fiscal year;
and the City has the option to exercise contract renewals each fiscal year through 2006.
As such, staff is recommending that all four contracts be extended one year, beginning
July I, 2005 through June 30, 2006.
Discussion - Councilmember Ambriz commented on the unprofessional attire he had
observed being worn by the Soto Company employees. He also observed a worker from
that company smoking while working at a playground. For these reasons he expressed
that he would be voting No on the agreement with the Soto Company.
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3. CONSENT CALENDAR (Continued)
Interim City Manager, John Sibley responded that the Community Services Department
staff will address the concerns.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved approval of Third Amendment to Landscape Maintenance Services Contract with
Nieves Landscape, Inc. in the amount of $208,621.18; Fourth Amendment to Landscape
Maintenance Services Contract with Pinnacle Landscape Company in the amount of
$153,892.79; and, Fourth Amendment to Landscape Maintenance Services Contract with
Azteca Landscape in the amount of$71,826.77.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche
NOES - Ambriz, Dumitru
Moved approval of Sixth Amendment to Landscape Maintenance Services Contract with
the Soto Company in the amount of $306,620.21;
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
100-7022-424301 (Landscape Maintenance): $105,753.35
100-7022-427100 (Landscape Maintenance): 306,620.21
262-5021-424301 (Landscape Maintenance): 45,525.25
290-7025-424301 (Landscape Maintenance): 4,529.62
291-7026-424301 (Landscape Maintenance): 193,738.15
293-7024-424301 (Landscape Maintenance): 7,765.06
540-7022-424301 (Landscape Maintenance): 5,202.54
600-804l-424301 (Landscape Maintenance): 71.826.77
Total: $740,960.95
3.18 Employment agreement with Interim City Manager John Sibley. A2100.0 Agr-4707)
SUMMARY: The City Council has appointed John Sibley as the Interim City Manager.
This agreement would cover Mr. Sibley's employment terms during the period he serves
as Interim City Manager.
ACTION: Approved Agreement for Employment of Interim City Manager and
authorized the Mayor and City Clerk to execute; and authorized Finance Department to
transfer necessary funds from the Non-Departmental Activity's budget to the City
Manager's budget for Fiscal Years 2004-05 and 2005-06.
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3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funds are budgeted in the Non-Departmental Activity's
budget to fund the increases for fiscal years 2004-05 and 2005-06. The estimated cost of
the contract is approximately $1,363 per month in salary and $1,875 in total benefits.
BIDS
3.19 Bid No. 056-02; Approval of plans and specifications and request authorization to
advertise for bids for construction of Community Development Block Grant
(CDBG) Project - Palm Avenue Reconstruction from Batavia Street to Cypress
Street (SP-3503). (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the reconstruction of
Palm Avenue from Batavia Street to Cypress Street under the CDBG Program. The
project is ready to be advertised. The estimated construction cost is $359,500.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Palm Avenue Reconstruction from Batavia Street to Cypress Street.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
310-9645-483300-3029 $ 265,000 CDBG Palm Avenue Reconstruction
3.20 Proposal to approve specifications and authorize advertising bids for Well 22
Rehabilitation. (C2500.P.3)
SUMMARY: Specifications have been completed for Well 22 Rehabilitation. The
Project is ready to be advertised for bids. The preliminary engineering cost estimate is
$100,000.00.
ACTION: Approved specifications and authorized advertising bids for the rehabilitation
of Well 22.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
600-8011-484101-8214 $100,000.00 Well Rehabilitation
3.21
CLAIMS (C3200.0)
SUMMARY: The following c1aim(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. Kellan Nuttal
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.22 Award of Contract - Bid No. 045-50; SP-3505; Community Development Block
Grant (CDBG) - McPherson Road Reconstruction from Chapman Avenue to
Spring Street. (A2100.0 Agr-4706)
SUMMARY: The Bids were received and opened on June 2, 2005. Three contractors
responded to the invitation for bids. The apparent low bidder is All American Asphalt,
Inc. for $197,451. The low bid was deemed non-responsive. The Contract is awarded to
the second low bidder, R.I. Noble Company for $214,902.58.
ACTION: 1) Transferred $23,846.71 from 310-9645-483400-5326 (CDBG - Shaffer St.
Storm Drain Improvements, Phase 3) to 310-9645-483300-3033 (McPherson Rd.
Reconstruction). 2) Transferred $11,659.07 from 310-9645-483300-3219 (CDBG - Hill
St. Reconstruction) to 310-9645-483300-3033 (McPherson Rd. Reconstruction). 3)
Awarded Contract - Bid No. 045-50 in the amount of $214,902.58 to the second low
bidder, R.I. Noble Company, 15505 E. Lincoln Ave., Orange, CA 92856 and authorized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and will be available upon transfer to the
following account: 310-9645-483300-3033 $233,505 (CDBG) FY 04-05
3.23 Final Acceptance of Bid No. 045-25; SP-3500; City of Orange Police Facility
Sergeant/Report Writing Room Tenant Improvement and authorization to file
Notice of Completion with the County Recorder (No staff report required).
SUMMARY: Bid No. 045-25; SP-3500; City of Orange Police Facility SergeantlReport
Writing Room Tenant Improvement. The contractor on said job was C.A. Granger
Construction, Inc.
ACTION: Accepted public work improvements, authorized release of Hartford Fire
Insurance Company of Connecticut, Bond No. 72BCSDA1691 in the amount of
$72,669.00 and authorize the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
FEES
3.24 Approval of Emergency Transportation Fee Changes. (C2500.H)
SUMMARY: Emergency Ground (transportation) Ambulance rates for Orange are
consistent with those approved by the Orange County Board of Supervisors. The
Supervisors approved new rates effective July 1, 2005 and the City Council needs to take
a similar action approving rates for the City.
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3.
CONSENT CALENDAR (Continued)
ACTION: Approved the rate schedule for emergency (transportation) ambulance
services adopted by the Orange County Board of Supervisors on May 24, 2005 with an
effective date of July 1, 2005.
FISCAL IMPACT: The transportation fee changes will result in an approximate increase
of $232,283 in charges billed. However, due to annual reductions in Medicare and
Medicare HMO reimbursement limits, the City will not receive the entire amount in
revenue.
PURCHASES
3.25 Purchase of Fire Department uniforms and accessories from Gall's Uniform Center
through a cooperative purchasing agreement. (C2500.H)
SUMMARY: Authorize purchase of uniforms and accessories from Gall's Uniform
Center through a cooperative purchasing agreement in the amount of $40,000.
ACTION: Authorized purchase of Fire Department safety clothing from Gall's Uniform
Center in the amount of$40,000.
FISCAL IMP ACT: Sufficient funds are budgeted in the following account for FY 05-06:
100-3011-441300 (Uniforms and Other Clothing) $40,000
3.26 Purchase Firefighter Safety Equipment through a cooperative purchasing
agreement. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of Firefighter
Safety Equipment through a cooperative purchasing agreement in the amount of$40,000.
ACTION: Authorized the purchase of Firefighter Safety Equipment from LN Curtis and
Sons in the amount of $40,000.
FISCAL IMP ACT: Sufficient funds are budgeted in the following accounts:
lOO-3021-446500 (Fire Hose Nozzles and Equipment) $16,000
100-3021-449400 (Safety Equipment) $22,000
100-3012-449400 (Safety Equipment) $ 2.000
Total $40,000
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3. CONSENT CALENDAR (Continued)
3.27 Approve the purchase of medical supplies for Paramedic/Transport Program for
Fiscal Year 2005/06. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of medical
supplies through a cooperative purchasing agreement in the amount of $118,500.
ACTION: Authorized purchase of medical supplies from Bound Tree Medical, LLC. in
the amount of $118,500 for Fiscal Year 2005/06.
FISCAL IMP ACT: Funds are budgeted in the following accounts:
100-3022-445100 Fire / Paramedic Medical Supplies $73,500
125-3022-445100 Fire / Paramedic Medical Supplies $45,000
RESOLUTIONS
3.28 RESOLUTION NO. 9978 (C2500.E)
A Resolution of the City Council of the City of Orange expressing deepest appreciation
to David L. Rudat for over 33 years of commitment and service to the City of Orange.
ACTION: Approved.
MOTION
SECOND
AYES
-Smith
- Cavecche
_ Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.15 and 3.17 were removed and heard separately. Councilmember Ambriz
recorded a No vote on Item 3.10. All other items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
4.1 Appointments and Reappointments to the following Boards, Committees and
Commissions:
Audit Committee
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Eric Woolery, David Sundstrom and Dwight Nakata to the Audit
Committee; terms to expire January 2007.
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4. REPORTS FROM MAYOR MURPHY (Continued)
Building Board of Appeals
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Jack Selman and Jim Brennan to the Building Board of Appeals; terms to
expire June 30, 2007.
Community Development Block Grant Committee
MOTION - Murphy
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Fernando Rico and Mary Ellen Manning; and appoint Antonia Castro as a
permanent member, to the Community Development Block Grant Committee; terms to expire
June 30, 2007.
Community Video Advisory Board
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Pat Buttress and Marcia Salley to the Community Video Advisory Board;
tern1S to expire June 30, 2007.
Investment Advisory Committee
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Eric Inglett and Harold Jackson to the Investment Advisory Committee;
terms to expire January 2007.
5. REPORTS FROM COUNCILMEMBERS - None.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney regarding sale of real property on Lewis Street and
rescinding a resolution which ordered the abandonment of a street easement over the
property. (A2100.0 Agr-4708)
SUMMARY: Resolution No. 9989 rescinds Resolution No. 4753 which was adopted in 1978.
Resolution No. 4753 purported to abandon a City easement for street and highway purposes over
Old Lewis Street. Several conditions required to make the abandonment effective were never
fulfilled. As a result, the property has been vacant for the past 27 years and as currently owned
and burdened, cannot be developed and remains burdened by the City's street easement.
City Office LP is seeking to purchase a portion of the property (approximately 4,805 square feet)
which was the subject of Resolution No. 4753 and to combine it with its adjoining property to
develop as a parking lot its nearby 33,000 square foot office building. Under the agreement, the
City would institute a condemnation action, if necessary, to condemn out the underlying property
owner of the 4,805 square feet, which appears to be a defunct corporation. The City would
become the owner of the subject property and then sell it to City Office LP for $96,100. The
driving force behind this agreement is the impact of the State Route 22 freeway widening on City
Office LP's existing parking, the Jack of development potential for the property due to ambiguity
of ownership and the lack of any useful City purpose for the property.
Discussion _ City Attorney, David DeBerry summarized the report. He responded to Mayor pro
tem Cavecche's comments on the need for a pedestrian crosswalk, indicating that the proposal to
develop a parking lot would require full review and approval and through this process the
crosswalk could be addressed.
RESOLUTION NO. 9989
A Resolution of the City Council of the City Orange Rescinding Resolution No. 4753 which
ordered the Vacation of a Street and Highway Easement over old Lewis Street near its
Intersection with State Route 22.
MOTION - Smith
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved approval of Resolution No. 9989; and approved agreement for the Sale of Property to
City Office LP and authorized the Mayor and City Clerk to execute on behalf of the City.
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7. ADMINISTRATIVE REPORTS (Continued)
7.2 Review of the Recreational Vehicle Ordinances. (A2500.0 Ord-07-04)
SUMMARY: At the May lO, 2005 City Council meeting, Mayor pro tern Cavecche requested
that staff bring back a status report on the implementation of the Recreational Vehicle (RV)
Ordinances that were adopted last year. Previously, staff did provide a 6-month status report to
the City Council through the City Manager's Office. That 6-month report was in accordance
with the request made by the City Council at the time of adoption of the ordinances.
Discussion - Assistant Planning Director, Stan Soo Hoo, reported on the impacts of the RV
ordinances in effect, stating that the Police Department, which enforces parking violations in the
public right-of-way, has reported no significant problems in enforcement. In addition, he stated
that the Community Development Department, Code Enforcement Division enforces violations
of the private property parking and storage of RV's and has reported no significant problems
with enforcement.
Mr. Soo Hoo stated that a common complaint is that there is a lack of available commercial R V
storage facilities in the City. He added that a private RV storage facility is being constructed on
North Batavia, with an additional facility in the discussion stage.
Mayor pro tem Cavecche stated that a six month review was required as part of the 2004
Ordinance approvals. She commented on the positive impacts that Ordinance No. 10-04 (street
parking) has had on the City's RV issue; but expressed concern with Ordinance No. 7-04 (private
property parking) in that it lacks a suitable front yard setback which has created problems. She
expressed a desire for a setback standard similar to the one in effect in 1995.
Councilmember Dumitru asked if staff tracks which part of the city the complaints are
concentrated in, or ifit is a citywide problem. He also inquired which type ofRV parking causes
problems; and whether staffreceived calls on persons living in their RV's.
Mr. Soo Hoo responded that over 100 complaints had been received immediately after the 2004
adoption of the ordinances, and they were generally scattered throughout the city. He added that
in 2005, 18 complaints had been received so far, and were concentrated mostly in the southern,
mid-section of the City. He stated that the primary complaint is the location of parked RVs,
followed by multiple RVs being parked on a property and then people living in RVs.
Councilmember Smith stated that the majority of calls she receives are complaints on RV's; and
expressed concern about the negative visual impact of very large RVs being parked in
neighborhoods. She suggested the reason why the number of complaints have dropped is
because of the Ordinance in place, that there may not be anything Code Enforcement can do.
She noted the effectiveness of the street parking Ordinance, but suggested she would like to take
another look at the Ordinance dealing with off street parking.
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CITY COUNCIL MINUTES
June 28, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Speakers -
Jan Chomyn, OTP A President, Orange Street
Tom Loughrey, Orange Street
Charles Schroeder, Burly Avenue
Dan Slater, Pine Street
Dorthy Stewart, Grand Street
Lois Oliver, Address on File
Toni Carlton, Hillcrest Avenue
Mil Thornton, Trenton Avenue
Mayor pro tem Cavecche stated that she takes Municipal Code changes very seriously, but when
the ordinances were adopted in 2004, the setback requirement was changed at the last minute
which she thought was a mistake; and she still receives a lot of calls and complaints about RVs
on driveways.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file.
8. REPORTS FROM CITY MANAGER
Interim City Manager, John Sibley reported on:
. Community Services Summer programs
. 3rd of July celebration.
. Summer concert series at Hart Park.
Mayor Murphy announced the completion of the newly renovated field at Fred Kelly stadium.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
,
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I
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CITY COUNCIL MINUTES
June 28, 2005
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:55 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham and Personnel Manager Mike Harary
Employee Organizations: Orange Management Association;
Orange Maintenance & Crafts Employees' Association;
Orange Municipal Employees' Association; and
Water Employees 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.
12. ADJOURNMENT
The City Council adjourned at 6:30 p.m., in memory of Elmer Hewlett, to an Adjourned
Regular Meeting, Study Session, on June 28, 2005 at 7:00 p.m. in the Council Chambers to
review the revised Runoff Management Plan (ROMP) and environmental review for the
proposed Santiago Hills 11 and East Orange development proposal.
The next Regular Council Meeting is scheduled for July 12, 2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of June 28, 2005 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, 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
I~vailable at the Civic Center City Clerk's Office.
td~~
MARY. HY ...
CITY CLERK
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