8/23/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON SEPTEMBER 13,2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 23, 2005
The City Council of the City of Orange, California convened on August 23, 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
1.1
INVOCATION
Given by Pastor Tom Copple, Spirit & Truth Worship Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Smith, Ambriz, Murphy, Cavecche, Dumitru
ABSENT - None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Introduction of Miss Orange 2006 Finalists. The Miss Orange Pageant will be held
Saturday, September 24th.
Presentation of Resolution No. 9996 to Linn Felthaus of the Public Works Department
Water Division for more than 30 years of service to the City of Orange.
Employee Service Awards presented to Robert Eric Stuart, Fire Department, 20 Years;
Jorge Chavez, Police Department, 10 years; Dan Adams, Police Department, 15 years;
and Ed Pol liard, Police Department, 20 years.
Mayor Murphy announced the upcoming International Street Fair over the Labor Day
weekend.
Mayor pro tern Cavecche announced an OCT A public program - Extreme Traffic
Makeover - to identify and help alleviate the most congested traffic area in Orange
County. Survey forms are available at public counters.
2.
PUBLIC COMMENTS -
Diane Jansey, 511 Pageant Drive, spoke on alleged problems at the Yorba Dog Park.
Je'net Krietner, Second Harvest Food Bank, spoke on the upcoming Orange Citywide
Food Drive.
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August 23, 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 August 2, 4, and II, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, August 9, 2005.
(C2S00.D.4)
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 July 31, 2005.
(C2S00.F)
ACTION:
Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Cooperative Agreement C-4-0940 between the Orange County Transportation
Authority (OCT A) and the City of Orange for improvements to the State Route 22
Metropolitan Drive/The City Drive on and off-ramps and the eastbound State Route
22 on-ramp at Tustin Avenue. (A2IOO.0 Agr.-473S)
SUMMARY: Cooperative Agreement C-4-0940 between OCTA and the City of Orange
has been prepared to establish responsibilities for construction and funding of
improvements to the State Route 22 Metropolitan DriveIThe City Drive on and off-ramps
and the eastbound SR-22 on-ramp at Tustin Avenue as part of the capacity and
operational improvements OCTA is presently undertaking on State Route 22 (SR-22)
between State Route 55 (SR-55) in the City of Orange and Interstate 405 (1-405) in the
Cities of Westminster and Garden Grove. The City's share of the cost of the
improvements will be $3,280,807, comprised of Measure M funds, the value of the
contribution of a portion of Metropolitan Drive to be vacated, and City general funds.
Discussion - Councilmember Ambriz thanked the City Manager for providing maps to
Council, delineating the ramp locations.
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3.
CONSENT CALENDAR (Continued)
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MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Cooperative Agreement C-4-0940 between OCT A and the City and
authorize the Mayor to execute and the City Clerk to attest said agreement on the City's
behalf.
FISCAL IMPACT: Funding for the project has been budgeted in FY 05-06 from the
following sources:
550-5011-483300-3127 CTFP-RIP (Measure M grant funding) $1,636,420
550-5011-483300-3127 CTFP-GMA 3 (Measure M grant funding)$ 375,000
262-5011-483300-3127 Measure M Turnback $1,000,000
550-5032-483100-6017 CTFP-IIP (Measure M grant funding) $ 163,927
272-5032-483100-6017 Gas Tax $ 48,000
TOT AL $3,223,347
In addition, the agreement credits the City of Orange $800,000 for the value of that
portion of Metropolitan Drive that is to be abandoned by the City as part of the
realignment of Metropolitan Drive.
3.6
(REMOVED AND HEARD SEPARATELY)
First amendment to Agreement No. AGR 4401 with Cotton/Bridges/Associates, a
Division of P & D Consultants, to expand the scope of work and budget of the
comprehensive General Plan Update to include an Economic Development Element
and expanded fiscal analysis of land use focus areas. (A2100.0 Agr-4401.1)
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SUMMARY: The City of Orange 2003-2004 to 2009-2010 Capital Improvement Program
includes the General Plan Update as Land Use Project No. 9801. The proposed project
involves a complete update of the City's 1989 General Plan, including the integration of the
East Orange General Plan into a single, comprehensive General Plan document. Preparation
of an environmental impact report for the updated General Plan is also included in the work
effort. The Economic Development Department has requested than an Economic
Development Element be included in the updated General Plan to ensure that an economic
development strategy is integrated into the City's long-range comprehensive planning efforts.
To achieve a more thorough understanding of the fiscal implications of potential land use
changes and their relationship to the Economic Development Element, the Economic
Development Department has also requested an expanded fiscal evaluation of these changes.
Execution of the First Amendment to the Agreement is contingent upon the Redevelopment
Board approving a budget appropriation in the amount of $93,579.00 under a companion
Agency Agenda Item.
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August 23, 2005
3. CONSENT CALENDAR (Continued)
Discussion - Councilmember Smith asked for a continuation of this item until after the
General Plan Study Session; and a formal briefing from staff to obtain an understanding for
the need to increase the allocation to the consultants preparing the General Plan update.
Community Development Director, Alice Angus indicated that the agreement is time
sensitive to allow preparation of an Economic Development Element to the General Plan, as
well as a more in-depth fiscal study of land use alternatives. She indieated that approval of
the amendment would bring the total cost of the contract to $1,071,022.00.
Councilmember Ambriz asked for the item to be continued and stated that the attachment to
the staff report was ditlicult to read.
Mayor pro tem Cavecche stated that she supported the item being eontinued for the purpose
of obtaining a detailed analysis of the benefits of an Economic Development Element.
Mayor Murphy stated his desire to include an Economic Development Element in the
General Plan. He indicated that the Element will address the business community in the
General Plan and the additional work with this amendment is highly important for a complete
General Plan.
Community Development Director, Alice Angus, responding to a question from
Councilmember Smith, indicated that this Element was at first looked upon as an optional
part of the General Plan, adding that not all General Plans have an Economic Development
Element. She added that as other studies occurred it became apparent that it needed to be an
integral part of the original plan.
MOTION - Smith
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue to the September 13, 2005 Council meeting and requested staff to provide
a clearer copy of the attachment.
FISCAL IMPACT: The $93,579.00 needed to cover the cost of the Economic
Development Element is available in account number 943-9800-485100-9801. The cost
to prepare the fiscal analysis is $106,150 (including a 10% contingency) of which
$51,500 is already included in the original agreement with Cotton/Bridges/Associates.
The cost to prepare the Economic Development Element is $38,929 (including a 10%
contingency). Therefore, the net increase to prepare the Economic Development Element
and related fiscal analysis is $93,579.
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3. CONSENT CALENDAR (Confinued)
APPROPRIATIONS
3.7
Re-appropriation of the Anaheim Urban Area Security Initiative (UASI) Grant for
fiscal year 2005-06. (A2100.0 Agr-4630)
SUMMARY: The Anaheim UASI authorized a reimbursement grant award that was
approved by Council on February 8, 2005. This grant was originally set to expire on June
30, 2005. Due to the lack of training available to UASI grantees, the funding deadline
has been extended through November 30, 2005. The City of Orange Police has been
authorized a reimbursement amount of $27,804 for Office of Domestic Preparedness
(ODP) authorized WMD training. Funds provided through the grant will be used to
cover backfill and overtime costs associated with the attendance of ODP approved WMD
courses.
ACTION: 1) Appropriated $27,804 from the General Fund 100-4081-429400-231
Police-Homeland Security-Local Training; 2) Amended the FY 2005-06 Revenue
Budget in the General Fund in the amount of $27,804 to reflect the receipt of the amount
of the UASI Grant.
FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant
award through the UASI Grant funds, there will be no fiscal impact to the General Fund.
After appropriation, funds will be available as follows:
100-4081-429400-2311 $27,804 Police-Homeland Security-Local Training
3.8 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. Willie B. McFadden
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.9
Award of Public Project Contract - Bid No. 056-03 for Water Well 22 Rehabilitation
to General Pump Co., Inc. of San Dimas, CA. (A2100.0 Agr-4736)
SUMMARY: This contract authorizes the redevelopment of Water Well 22 to restore its
capacity and improve water quality. General Pump Co., Inc. of San Dimas, CA 91773 is
the lowest responsible bidder.
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3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $115,800.00 to General Pump Co., Inc.
and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
601-8011-484101-8214 Well Rehabilitation
$125,000.00
3.10 Award of Public Project Contract - Bid No. 045-39, for the purchase of a specialized
piece of equipment to clean sewer lines and catch basins from Municipal
Maintenance Equipment. (C2S00.M.3))
SUMMARY: The purchase of this Vacuum Truck will allow the City to clean and
maintain catch basins and the City sewer systems.
ACTION: Awarded a contract in the amount of $248,150.11 to Municipal Maintenance
Equipment, and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available in the following account:
220-5022-472101 Sanitation Motor Vehicle Additions $248,150.11
3.11 Award a Public Project Confract - Bid No. 045-53, for the purchase of a specialized
piece of equipment to mount a jet router system for cleaning sewer lines from Villa
Ford. (C2S00.M.3))
SUMMARY: The purchase of this cab and chassis (Ford F550) to mount a specialized
piece of equipment is necessary for City crews to maintain the sewer lines.
ACTION: Authorized the purchase of one (1) Ford F-550 truck and ESP Premium Care
extended warranty from Villa Ford in the amount of $28,002.69 and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available as follows:
220-5022-472101 Sanitation Motor Vehicle Additions
$28,002.69
3.12 Award of Contract - Bid No. 045-48; Project No. SP-3476; Fire Station 8 and Carver
Pump Station Project (Reservoir 6 Pump Station). (A2100.0 Agr-4740)
SUMMARY: Bids for the construction of the Fire Station 8 and Carver Pump Station
project were received and opened on July 12, 2005. Three eontractors responded to
Notice Inviting Bids. The low bidder is Gamut Construction Company for a combined
base bid of$3,303,997.00.
ACTION: 1) Find and determine that the bid of Gamut Construction Company, Inc. is in
substantial compliance with the Notice Inviting Bids for the project; 2) Award the
contract in the amount of$3,303,997.00 to Gamut Construction Company, 4590 Mission
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August 23, 2005
3.
CONSENT CALENDAR (Continued)
Blvd., Montclair, CA 91763; 3) Approve fund transfer of $318,000 to Account No. 601-
8011-484201-8207 for Carver Pump Station construction from the following sources:
601-8011-484102-8228 $ 135,000 Marywood Pump Station
601-8011-484201-8924 90,000 Emergency Generator Wanda/Collins
601-8041-484101-8120 93,000 Well 28 Construction
4) Approved fund transfer of$I,405,832 from Account No. 500-3021-481105-2977 (Fire
Station 1) to Account No. 500-3011-481200-2681 for the Fire Station 8 construction.
FISCAL IMP ACT: After the transfers, funds will be available in the following accounts:
500-3011-481200-2671 $1,405,832 Fire Station 8
594-3011-481200-2681 1,660,000 Fire Station 8
601-8011-484201-8207 538,000 Carver Pump Station
Total $3,603,832
3.13 Award of Annual Emergency Response Services Contract for traffic signal and
street lighting maintenance services. (A21 00.0 Agr-4739)
SUMMARY: This contract authorizes Republic Electric to provide emergency response
services for the City's traffic signals and street lights.
ACTION: Awarded a contract in the amount of $50,800 to Republic Electric and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Gas Tax funds are budgeted and available in the following account:
273-5032-427100-0000 Contractual Services $50,800.00
3.14
(REMOVED AND HEARD SEPARATELY)
Award of Contract - Bid No. 056-05; SP-3S26; Annual Service Contract for
Concrete Replacement at Various Locations, Fiscal Year 2005-2006. (A2100.0 Agr-
4741)
SUMMARY: This project is part of the annual street maintenance activities for curb and
gutter, cross gutter, driveway approach, and sidewalk replacement at various locations
City wide.
Discussion - Councilmember Dumitru indicated that his comments addressed items 3.14
and 3.15 - asking for information on sources of funding in the future for thesc types of
items if Measure M funds are not renewed.
Mr. Roger Hohnbaum, Interim Public Works Director, indicated that if Measure M
funds are not renewed, the only source for funding concrete replacement and street
maintenance would be gas taxes. He stated that the total Measure M turn back funds
since Measure M's passage fourteen years ago is $37 million.
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3. CONSENT CALENDAR (Continued)
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to award a contract in the amount of $394,875.00 to Kalban, Inc. 9075 Glenoaks
Blvd., Sun Valley, CA 91352, and authorize the Mayor and the City Clerk to execute on
behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the following accounts:
262-5021-427100 (Measure M - Contractual Services)
262-5021-483300-3120 (Measure M - Local Street Maintenance)
540-5028-481105-9607 (Old Towne Parking Facility Funds)
$197,000
$203,000
$ 15,000
$415,000
Total:
(REMOVED AND HEARD SEPARATELY)
3.15 Concrete Overlay/Reconstruction at Various Locations, Fiscal Year 2005-2006.
(A2100.0 Agr-4742)
SUMMARY: This project is part of the annual street maintenance actJvltJes, and is
designed to prolong pavement life of residential streets by constructing asphalt concrete
overlay at various locations City wide.
Discussion - See discussion on Item 3.14.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to 1) Transfer $200,000 from 262-5021-483300-3127 (SR 22/City Drive
Interchange Improvements) to 262-5021-483300-3120 (Local Street Maintenance); 2)
Award a contract in the amount of $985,719.00 to RJ. Noble Company, 15505 Lincoln
St., Orange, CA 92865, and authorize the Mayor and the City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: Funds are budgeted and will be available upon transfer in the
following accounts:
262-5021-483300-3112
262-5021-483300-3120
(Measure M - Arterial Street Maintenance) $ 200,000
(Measure M - Local Street Maintenance) $ 800.000
Total: $1,000,000
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3. CONSENT CALENDAR (Continued)
3.16 Mills Act Contract No. MAC-114.0-0S, (Historic Property Preservation
Agreements). (A2100.0 Agr-4743)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Townc Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term ofthis contract total $74,300. Location: 333 N. Shaffer Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-114.0-05),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMP ACT: The City will incur a loss of property tax of approximately $180 per
year. An annual inspection fee will cover ongoing administration costs associated with
this program. The rehabilitation work will generate additional revenues from building
permit fees, and the local economy would benefit from expanded work by various
building contractors, and material suppliers.
PURCHASES
3.17 Purchase of a sewer video system from Municipal Maintenance Equipment on a sole
source basis. (C2S00.M.3)
SUMMARY: This video system will assist City crews perform maintenance of the
City's sewer system and catch-basins.
ACTION: Authorized the purchase of a sewer video inspection system to be mounted on
the jet router truck from Municipal Maintenance Equipment in the amount of $48,056.50.
FISCAL IMP ACT: Sanitation funds are budgeted and available in the following account:
220-5022-472101 Sanitation Motor Vehicle Additions $48,056.50
RESOLUTIONS
3.18 RESOLUTION NO. 10001 (C2S00.J.3)
A Resolution of the City Council of the City of Orange approving and adopting the Final
Disadvantaged Business Enterprise (DB E) Program and Established Overall Annual DBE
Goal of 13% for Federal Fiscal Year 2005/2006.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 10002 (S4000.0)
A Resolution of the City Council of the City of Orange temporarily closing Grand Street
from Chapman Avenue to Almond Avenue from 10:00 A.M. to 1:00 P.M. - Saturday,
October 15, 2005; for an Open House at Orange Fire Station No. I
ACTION: Approved.
SPECIAL EVENTS
3.20 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Parking Area, (downtown area); temporary closure of the
municipal parking lot at Chapman Avenue and Lemon Street (Lot C); and
temporary street closures as determined necessary by the Police Department for
duration of a special event at Chapman University. (S4000.S.3.1.2.1)
SUMMARY: Chapman University will be hosting the 3'd Annual Madison Lecture
featuring The Honorable Antonin Scalia of the United States Supreme Court on August
29,2005 between 2:00 p.m. - 8:00 p.m.
ACTION: Approved the temporary suspension of permit parking restrictions within
Chapman University Permit Parking Area, (downtown area); temporary closure of the
municipal parking lot at Chapman Avenue and Lemon Street (Lot C); and temporary
street closures as determined necessary by the Police Department for duration of a special
event at Chapman University.
FISCAL IMPACT: None
VOTING DELEGATE
(REMOVED AND HEARD SEPARATELY)
3.21 Designate Mayor pro tem Cavecche as voting delegate for the City of Orange at the
2005 League of California Cities Annual Conference, October 6 through October 8,
2005 in San Francisco. (No Staff Report required) (ORI800.0.12)
Discussion - Councilmember Ambriz asked what issues would be voted on at this
conference and how would they impact the City.
City Manager, John Sibley stated that his office has been requesting from the League of
California Cities a list of the resolutions to be voted on at the conference, but have not
received it yet. He added that once the list is received, Councilmember Cavecche would
be directed by Council on how to represent the City's views at the conference.
Councilmember Cavecche indicated her desire to bring the resolutions to the Council for
a formal vote, allowing her to represent the views of the entire Council.
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3.
CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve; staff was directed to bring the League of California Cities resolutions
to Council for formal action prior to the League conference.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.5, 3.6, 3.14, 3.15 and 3.21 were removed and heard separately. 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.
S. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Annual Report from the Audit Committee Chairman. (ORI800.0.27.17)
This report summarizes the activities and accomplishments of the Committee during the past
fiscal year.
Discussion - Committee Chairman, David Sundstrom, reviewed the highlights of the annual
report.
Mayor pro tern Cavecche thanked the committee members and indicated the committee's
activities reinforces the Council's concern for the financial health of the City.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file.
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7. ADMINISTRATIVE REPORTS
7.1 Report on Recommendations/Alternatives to Proposed Changes to Recreational
Vehicle Ordinance No. 7-04. (A2S00.0 Ord-07-04)
SUMMARY: At the July 26,2005 City Council meeting, staff was directed to report back to the
City Council on recommendations and alternatives to amend Recreational Vehicle Ordinance
No. 7-04 with regard to prohibition of parking any recreational vehicle in the front yard within
20 feet from the front property line, with four noted exemptions. This report addresses the
proposed changes and outlines the process for amending Ordinance No. 7-04 if desired.
Speakers - In opposition to changing the current RV Ordinance.
Nan Gaisbauer
R.A. Lagos-Tegeler
J ames McQueen
Cathy McQueen
Toni Carlton
Mil Thornton
Joseph Mayfield
Robert Mayfield
Dan Graupensperger
Lois Barke
Lois Oliver
Steven Boelts
Mike Merino
Ron Frazier
Speakers - in favor of changing the current R V Ordinance.
Janet Crenshaw, representing OTP A
Dorthy Stewart
Dan Slater
Discussion - Councilmember Dumitru stated he liked the changes recommended by the
Community Development Department to enable a more effective enforcement of his original
motion to require a 20-foot setback for parking of RV's which included four allowable
cxemptions.
On the request of Mayor Murphy, Community Development Director, Alice Angus summarized
the suggested exemptions to the proposed Ordinance:
. Two-day loading provision be a consecutive two days and eliminate restriction of number
of times per month;
. Limit visitor parking to a combined seven days;
. If the RV is the resident's sole means of transportation;
. Residences that have made significant improvements to the property relying on
provisions of Ordinance 07-04.
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7. ADMINISTRATIVE REPORTS (Continued)
She added that the proposed regulations do not change the definition of RV; that they would
allow an RV to be parked in the rear yard or side yard if screened; and confirmed there is a
proposed provision to make an exception for property owners who have made significant
improvements to their property based on the 2004 ordinance.
Councilmember Ambriz commented on the changes that have occurred to the sizc of driveways
over time; and stated that if this goes forward there could be as many as four ordinances in
effect. He added that it would be difficult to determine what constitutes a significant
improvement; and noted that this issue already has four departments expending time. He also
asked about renters rights under this ordinance.
City Attorney, David DeBerry explained that determining whether a substantial liability has been
incurred is required by State law. He added that whenever a zoning code is changed, if a
significant amount of money has been expended based on a prior zoning code, that use is
allowed to continue as a non-conforming use. He concluded that if a homeowner provided
proof of expenditure, they could be given the benefit of the doubt.
Community Development Director, Alice Angus explained that the language of the new
regulations explicitly states current occupant rather than owner. She added that to determine the
occupant, the department could use utility bills or mail. She added that the code enforcement
staff works on a complaint basis~once a complaint is received, an investigation is initiated.
In rcsponse to Council questions, Mr. DeBerry explained that posting of any new regulations
would only be required if they dealt with on-street parking, but that this issue is specifically
regarding off-street parking. He also explained that the City could not require new businesses
being granted Conditional Use Permits for the storage of RV's to give priority to Orange
residents.
Community Development Director, Alice Angus stated that in the industrial zone, a conditional
use permit is not required for an RV-storage business.
Mayor pro tern Cavecche stated that she believed in property rights, but also believed that one
person's use of their property can affect property values for the neighborhood as well. She
commented on the fact that some people have driven into other neighborhoods to make code
enforcement complaints in those other neighborhoods and asked about a policy ofresponding to
complaints that have only a direct affect on a neighbor. She also supported the grandfathering
clause.
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7. ADMINISTRATIVE REPORTS (Continued)
Mr. DeBerry responded that code enforcement staff is required to investigate all violations, not
just those that would fall under the direct affect definition. It would be up to the Council to
initiate a policy that directs staff to respond to direct neighborhood complaints first before
responding to complaints from people outside an area. He explained that caller's names are not
given out to protect the caller from retaliation, but that anonymous calls are also taken.
Mayor Murphy indicated he would not support this item as the current ordinance has not been
given enough time to adequately be measured. He agreed he would like to see enforcement on a
neighborhood basis rather than a city-wide basis, in order to reflect neighborhood attitudes, but
was concerned about adopting any ordinance that was selectively enforced.
Councilmember Smith agreed this ordinance is worth another review, noting that it did affect
health, safety and welfare. This is just one component to property maintenance regulations and
that although it does affect property rights, it has to be fair and not negatively impact the rights
of a neighbor. A clean line of sight is also needed on a property, and it is a safety issue when
vision is restricted because of an RV parked on a driveway. She pointed out that driveways
were designed to allow residents to access their garages, and this is impeded if an RV is parked
in front of that garage. She thought this issue was worthy of another look and supported the
accommodation of those who have spent a lot of money to comply with the current ordinance
and those who can be grandfathered.
Mayor pro tem Cavecche stated she would like to pursue the direct affect issue.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Cavecche, Dumitru
NOES - Ambriz, Murphy
Moved to amend the Orange Municipal Code and direct staff to draft an Ordinance regarding the
parking of recreation vehicles and scnd to the Planning Commission on October 3,2005 for their
review and recommendations and then bring back to Council.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. PUBLIC HEARINGS
10.1 ORDINANCE NO. II-OS - REGULATING EXPIRATION OF CONDITIONAL
USE PERMITS. (A2S00.0 ORD-II-0S)
The public hearing to consider a proposal to amend the Orange Municipal Code regulating the
expiration of Conditional Use Permits, was continued to this time from August 9. 2005.
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10. PUBLIC HEARINGS (Continued)
Community Development Director, Alice Angus gave the staff report indicating that currently a
Conditional Use Permit (CUP) expires in two years once a business ceases to operate. She stated
that in surveying other cities the general practice was a one-year expiration date. She added that
alcohol and wireless cell site uses would be given a six-month expiration date. She reported that
the Chamber of Commerce had no specific concerns with the provisions of this ordinance being
enacted.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Speakers
Dan Slater, 278 N. Pine, spoke in support of tightening CUP proVIsIons for alcohol-related
establishments.
Marty Adair, 2390 American Way, spoke on the need to renew a CUP ifit has been in existence
for many year.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments -
Mayor pro tem Cavecche stated that the City of Orange is pro-business. She added that this
action would clean up old CUP's that had been granted with no conditions and are now out-of-
date; and clarified that CUP's are granted to the facility being used by the business not the
owner of the business. She explained the benefits from this action regarding various scenarios,
concluding that this will open up opportunities for new businesses.
In response to Councilmember Dumitru, the City Attorney explained that to terminate a CUP
after six months of non use, the City is required to hold a revocation hearing, which begins at the
Planning Commission with a recommendation to Council for final action.
Counci1member Smith indicated her support for this as it is good for growth. She noted it is not
an easy process, as she recalled only one revocation hearing during her many years on the
Planning Commission.
Councilmember Ambriz stated it was his impression that there would be an ad-hoc committee
formed through the Chamber of Commerce to address this issue, and stated his desire to obtain
feedback from the businesses in the City. He stated he would not support the item without input
from the business community.
Mayor Murphy indicated that because it takes two actions - a deadline and a hearing, to revocate
a permit, he would support the item. He asked that if a business goes dormant but then a new
owner starts to seek approval before any revocation action, the business would be allowed to
proceed.
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CITY COUNCIL MINUTES
August 23, 2005
10. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz
Moved to find the proposed Ordinance categorically exempt from the provIsIOns of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15305 (Class 5 -
Minor Alterations in Land Use Limitations).
ORDINANCE NO. 11-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Section 17.10.030(1) of the
Orange Municipal Code regulating the expiration of conditional use permits.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz
Moved that Ordinance No. 11-05 be read by title only and same was set for second reading by
the preceding vote; adding the clari fication that a person who is starting a new business at a
location being considered for revocation not lose their CUP mid way through the process.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
NOTE: The Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
a. 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.
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CITY COUNCIL MINUTES
13. ADJOURNMENT
August 23, 2005
The City Council adjourned at 6:55 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Planning Commission on August 23,2005 at 7:00 p.m. There is no 7:00 p.m. Session of
the August 23, 2005 City Council meeting. The next Regular Council meeting is scheduled for
September 13,2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of August 23, 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
available at the Civic Center City Clerk's Office.
Ih v C- Ift(
,.~C~
C/t{?- _ _
MA MURPHY
_ITY CLERK ,_ ~
MARK A. MURP
MAYOR
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