2/14/2006 - Council Minutes - CC Minutes Reg Meeting
ADOPTED BY THE CITY COUNCIL ON FEBRUARY 28, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 14, 2006
The City Council of the City of Orange, California convened on February 14, 2006 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 Steve Fiechter, Christ Lutheran Church.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Miss Orange Bonnie Carmalt.
1.3 ROLL CALL
PRESENT - Smith, Ambriz, Murphy, Cavecche, Dumitru
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of official photograph of 2006 Miss Orange Bonnie Carmalt - Connie
Benson, Executive Director, Miss Orange Pageant.
Presentation of Orange Elderly Services, Inc. Annual Audit - Keith Regan, Executive
Director, Orange Senior Center. (A2100.0 Agr-0974.V)
Mayor Murphy announced the Community Build Day at Killefer Park on Saturday,
February 25th
Mayor Murphy announced the efforts involved in the recent Sierra Fire; thanked the
crews and staff who worked the front lines as well as behind the scenes; and thanked the
community for their understanding and cooperation during the fire.
2. PUBLIC COMMENTS
California State University students - speaking on the financial needs of the CSU system:
Arya Hawkins
Curtis Schlaufman
Beth Tupper
- Gilbert Gallardo
Anita Cegegi, spoke on loitering problems along East Chapman Avenue.
CITY COUNCIL MINUTES
February 14, 2006
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 January 19 and 26, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of January 24, 2006.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Approval of a Consultant Services Agreement with Stradling, Yocca, Carlson &
Rauth to act as Disclosure Counsel for the proposed formation of a Community
Facilities District (CFD) for the Del Rio residential development project.
(A2100.0 Agr-4835)
SUMMARY: North Orange Del Rio, LLC, a Califomia limited liability company, the
developer of a 611 unit residential development project commonly referred to as the Del
Rio residential development project, has asked the City to form a CFD pursuant to the
Mello-Roos Community Facilities District Act of 1982 (California Government Code
Sections 53311 et seq., as amended) for the purpose of financing the cost of certain
public improvements proposed to be constructed as part of the Del Rio project.
The Disclosure Counsel will be responsible for preparing the Preliminary Official
Statement (POS), as well as the final Official Statement (OS) for the issuance of the
Mello-Roos bonds at a cost of $40,000, to be paid from the bond proceeds.
ACTION: I) Approved a Consultant Services Agreement for Disclosure Counsel service,
with Stradling, Y occa, Carlson & Rauth, a California Professional Corporation; and 2;
Authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: When the CFO is formed and bonds are issued, the consultant will be
paid from the bond proceeds.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.5 A First Amendment to an existing Consultant Services Agreement with Hogle-
Ireland, Inc., a private planning consulting firm, to provide current planning
services. (A2100.0 Agr-4461.A.l)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. The division is currently experiencing an increase in planning
applications filed as well as a staff shortage. This contract will augment the existing staff
with the use of professional planning consultants for the next four months.
Discussion - In response to a question by Councilmember Smith, Community
Development Director, Alice Angus explained that a second consultant, LSA, also did
contract planning and one of their employees would be utilized for her historical planning
background on Old Towne issues.
Councilmember Smith asked for a clarification on the acronym LSA.
MOTION - Smith
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve and authorized the Mayor and City Clerk to execute an amendment to
the existing agreement with Hogle-Ireland, Inc., not to exceed an additional $140,000 for
a total contract amount of$240,000.
FISCAL IMPACT: Funds in the amount of $140,000 are available in the following
account: 100-6021-426700 - Other Professional and Consulting Services. These funds
are from salary savings based on current vacancies. For the Current Planning work the
cost for the contract planners will be reimbursed by the applicants.
3.6 Fiscal Year 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Local
Solicitation. (A2100.0 Agr-4654.A)
SUMMARY: The U.S. Department of Justice has made funds available under the FY
2006 JAG Program. Proposed to streamline justice funding and grant administration,
JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant
(LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice
funds where they are needed most. This year all Orange County cities and the County
must submit a joint application by March 2, 2006. The application must includc all
agency approved MOU's and spending plans. The total joint award amount is
$437,051.00, of which the City of Orange will receive $19,668.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
In order to meet the March 2nd deadline, the Department is requesting Council
authorization for the City Manager or his designee to execute the MOU when received
from the County of Orange and approve the allocation of the $19,668 in support of the
Orange County ProActive Methamphetamine Laboratory Task Force (PROACT).
ACTION: 1) Authorized the City Manager or his designee to execute the MOU between
the City and the County of Orange, when received, for the joint application for FY 2006
JAG funds; and 2) Approved the allocation of$19,668 in support of PRO ACT.
FISCAL IMP ACT: There is no fiscal impact to the Federal Police Grant fund as awards
are distributed up front instead of on a reimbursement basis. No match is required for the
JAG Program.
3.7 Approve Subdivision Map Check Agreement with the County of Orange. (A2100.0
Agr-0163.A)
SUMMARY: A new agreement is hereby entered with the County of Orange, which
further defines the mutual responsibilities for subdivision map check processes.
ACTION: Approved the Agreement between the City and the County of Orange; and
Authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: None.
APPROPRIATIONS
3.8 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
SUMMARY: Santa Ana College offered a program which paid the Fire Department
$2.50 per person for each hour of training that was provided. The Fire Department
recently received a check in the amount of $18,202.50 from Santa Ana College. It is
recommended that this money be appropriated for use in improving the Fire
Department's overall training program.
ACTION: Appropriated the following from the unreserved balance of the General Fund:
Account 100-3023-429400-2529 Local Fire Training $18,202.50
FISCAL IMP ACT: None. Grant funds have already been received from Santa Ana
College. After appropriation, funds will be available.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
3.9 Appropriation of funds for the Handy Park Field Renovation (Capital Improvement
Project No. 0017). (C2500.M.4.10; A2100.0 Agr-4691)
SUMMARY: The Handy Park Field Renovation is now complete. An additional
$29,000 from unreserved Fund 511 (Quimby) is required to finalize this project. This
$29,000 appropriation along with the current account balance of $9,917 is sufficient to
finalize this project.
ACTION: 1) Authorized an appropnatJon of $29,000 from unreserved Fund 511
(Quimby) to 511-7021-481200-0017 (Handy Park Field Renovation);
2) Accepted Handy Park Field Renovation; authorized the release of Belaire West
Landscape Bond No. C8ll769, in the amount of $392,220; and authorized the Mayor and
City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: Upon appropriation, sufficient funds will exist In the following
account: 511-7021-481200-0017 Handy Park Field Renovation $38,917
BIDS
3.10 Final Acceptance of Bid No. 045-16; Public Work Improvement known as
Eisenhower Park Renovation Project. (No Staff Report ReQuired) (A2100.0 Agr-
4582)
SUMMARY: Bid No. 045-16, for the Eisenhower Park Renovation Project has been
completed by Accu Construction. Staffrecommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Travelers Casualty and
Surety Company of America, California performance Bond No. 104405136, in the
amount of $520, 755.
FISCAL IMP ACT: None.
3.11 Bid No. 056-25; Project No. SP-3377; Orange-Olive Road and Heim Avenue
Improvements. Approval of plans and specifications, and request for authorization
to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications for street, storm drain, and sewcr improvemcnts
have been completed for Orange-Olive Road and Heim Avenue. The project is rcady to
be advertised for bids. The total estimated construction cost including contingencies
(10%), and construction engineering (3%) is $995,275.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Orange-Olive Road and Heim Avenue Improvements.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
550-5032-483100-6193 Measure M Orange-Olive and Heim Signal
550-5011-483300-3058 Orange County Contribution
520-5011-483300-3058 Sewer Construction
272-5032-483100-6193 Gas Tax Orange-Olive and Heim Signal
262-5011-483300-3058 Measure M Traffic Improvements
$ 294,050
149,988
85,586
59,240
179.204
$ 768,068
3.12 Authorization to Advertise for Bids for the Santiago Hills 86-2, Shadow Ridge 82-1,
Sycamore Crossing 94-1 Landscape Maintenance Assessment Districts. (LI200.0)
SUMMARY: Contract documents are being prepared for contractual services at the
Santiago Hills 86-2, Shadow Ridge 82-1 and Sycamore Crossing 94-1 Maintenance
Assessment Districts. Each of the new contract documents will be concurrently
advertised for bids to renew the existing contracts that expire June 30, 2006.
ACTION: Authorized advertising for bids for the Santiago Hills 86-2, Shadow Ridge
82-1 and Sycamore Crossing 94-1 Landscape Maintenance Assessment Districts.
FISCAL IMP ACT: Sufficient funds will be appropriated from the Santiago Hills 86-2,
Shadow Ridge 82-1 and Sycamore Crossing 94-1 Assessment Districts during the FY
2006-2007 budget process.
3.13 Approval of Plans and Specifications for Hart Park Softball Field Renovation
(C.I.P. Project No. 0030), Authorization to Advertise for Bids, and a Contract
Amendment with RJM Design Group Inc. (C2500.M.4.9 A2100.0; Agr-4551.2)
SUMMARY: Approval of plans and specifications for the Hart Park Softball Field
Renovation (C.I.P. Project No. 0030); authorization to advertise for bids; and a contract
amendment with RJM Design Group, Inc. for additional engineering services in an
amount not to exceed $28,000.
ACTION: 1) Approved plans and specifications and authorized advertising for Hart Park
Softball Field Renovation; 2) Approved an amendment to the professional services
agreement between the City and RJM Design Group, Inc. in an amount not to exceed
$28,000 for additional engineering and construction response services for Hart Park
Softball Field Renovation; and 3) Authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
511-7021-481105-0030 Hart Park Softball Field Renovation
$28,000
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
3.14 Approval of Plans and Specifications for the Shaffer Park Picnic Shelter,
Authorization to Advertise for Bids, and a Contract Amendment with David Volz
Design. Shaffer Park Renovation (C.I.P. Project No. 0121) (C2500.M.4.3: A2100.0
Agr-4760.1)
SUMMARY: Staff is requesting approval of plans and specifications for the Shaffer Park
Picnic Shelter Renovation along with authorization to advertise for bids, and a contract
amendment with David Volz Design for additional electrical engineering services in an
amount not to exceed $2,000. David Volz Design's original contract amount was
$29,000 and the $2,000 amendment will bring the contract total over $30,000.
ACTION: Approved plans and specifications and authorized advertising for Shaffer
Park Renovation project; approved an amendment to the professional services agreement
between the City and David Volz Design in an amount not to exceed $2,000 for
additional engineering services for Shaffer Park Renovation; and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account for the professional
services agreement amendment:
510-7021-481200-0121 Shaffer Park Renovation $2,000
The probable construction cost estimate is $168,000. Staff will request an allocation of
unreserved Fund 511 (Quimby) upon award of the construction contract.
3.15 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. Renato F. Lara
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award of Contract - Bid No. 056-22; Fuel System Upgrades at Corporate Yard
Project. (A2100.0 Agr-4836)
SUMMARY: Bids for Fuel System Upgrades at Corporate Yard Project were received
and opened on January 19, 2006. Six (6) bidders responded to the Notice Inviting Bids.
The apparent low bidder is Tafoya and Associates of Chino Hills, CA for $264,300.00.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
ACTION: Awarded the contract in the amount of $264,300.00 to Tafoya and Associates;
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
720-5011-481105-9855 Fuel Tank Storage Replacement $ 226,107
720-5023-484400-9855 Fuel Tank Storage Replacement $ 64,623
3.17 Award of Contract - Bid No. 056-24; Chapman Avenue and Prospect Street
Intersection Improvements Project (S.P. 3425). (A2100.0 Agr-4837)
SUMMARY: Bids for Chapman Avenue and Prospect Street Intersection Improvements
Project were received and opened on January 19, 2006. Five (5) bidders responded to the
Notice Inviting Bids. The apparent low bidder is Sequel Contractors, Inc. of Santa Fe
Springs, CA for $749,744.50.
ACTION: Awarded the contract in the amount of $749,744.50 to Sequel Contractors,
Inc.; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
285-5011-483300-3226 TSIP Area C $ 139,890
550-5011-483300-3226 Developer Contribution $ 300,000
550-5011-483300-3226 CTFP lIP $ 599.414
Total $1,039,304
PARCEL MAP
3.18 Parcel Map No. 2004-273 - Request for approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 2004-273 creates 15 industrial lots with access easement
to Meats Avenue for the benefit of Parcels 1 through 15.
ACTION: Approved the Final Parcel Map No. 2004-273 and accepted dedication of the
easement for the right of access as shown on the Parcel Map.
FISCAL IMP ACT: None.
RESOLUTIONS
3.19 RESOLUTION NO. 10058 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Richard E. Eggers of the City of Orange Fire Department and commending him for thirty
years ofloyal and dedicated service.
ACTION: Approved.
CITY COUNCIL MINUTES
February 14, 2006
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 10060 (A4000.0 APP-504-05)
A Resolution of the City Council of the City of Orange approving Conditional Use
Permit No. 2540-05, Variance No. 2151-05, Minor Site Plan Review No. 0408-05 and
Design Review Committee No. 4031-05, establishing a used car sales business, including
related site improvements and deviations from the City's Sign Regulations at the property
located at 1935 East Chapman Avenue.
Applicant: Craig Miller - Miller Autosports
NOTE: Mayor Murphy abstained on this item.
ACTION: Approved.
MOTION - Ambriz
SECOND - Dumitru
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.5 was removed and heard separately. Mayor Murphy abstained on Item 3.20.
All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1 Reappointment of Councilmember Steve Ambriz to the Orange County Vector
Control District Board. (ORI800.0.3.20)
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Councilmember Steve Ambriz to the Orange County Vector Control District
Board.
4.2 Appointment to the City of Orange Community Development Block Grant
Committee. (ORI800.0.8.3)
MOTION - Murphy
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Eva Perez as a member of the Community Development Block Grant
Committee; term to expire June 30, 2007.
CITY COUNCIL MINUTES
February 14,2006
4. REPORTS FROM MAYOR MURPHY (Continued)
4.3 Appointment to the City of Orange Library Board of Trustees. (C2500.I.2)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Nancy Collins (term to expire June 30, 2008) and Mark Clemens (term to
expire June 30, 2007) to the Orange Library Board of Trustees.
4.4 Appointment to the City Traffic Commission. (ORI800.0.19)
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Larry Dick as a member of the City Traffic Commission; term to expire June
30,2007.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation from Marcia Salley from the Community Video Advisory Board;
and instruct the City Clerk to post a Notice of Vacancy. (ORI800.0.28)
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to accept, with regrets, the resignation of Marcia Salley /Tom the Community Video
Advisory Board and direct City Clerk to post the Notice of Vacancy.
CITY COUNCIL MINUTES
February 14, 2006
7.
ADMINISTRATIVE REPORTS
TAPE 1000
7.1 Report from Public Works Director - Award of Contract, Bid No. 056-23; Removal
of tank at Fire Headquarters, and installation of new tanks at Fire Stations No.3 and No.6.
and appropriate funding for study of tank replacements for Fire Stations No.5 and No.7,
Water Yard, East End Police Substation and Police Headquarters. (A2100.0 Agr-4838)
SUMMARY: Bids for removal of tank at Fire Headquarters, and installation of new tanks at
Fire Stations No.3 and No.6 Project were received and opened on January 19,2006. Nine (9)
bidders responded to the Notice Inviting Bids. The apparent low bidder is Jem Industries, Inc. of
Tustin, CA for $194,100.00. Additionally, the City must begin study for tank replacements for
Fire Stations No.5 and No.7, Water Yard, East End Police Substation and Police Headquarters.
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
I) Appropriate $135,617 from 720 (Equipment Replacement) unallocated reserves to 720-5023-
484400-9855 Fuel Tank Storage Replacement; and
2) Award the contract in the amount of $194,100.00 to Jem Industries, Inc.; and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following accounts:
120-5011-484400-2632 Fuel Tank Installation-Fire Station 3 (Prop. 172) $ 25,200
720-5023-484400-9855 Fuel Tank Storage Replacement $230,538
8. REPORTS FROM CITY MANAGER-
City Manager John Sibley acknowledged the work of the Police, Fire and City staff during the
recent fires.
Mayor pro tern Cavecche congratulated City staff on the information posted on the City website
during the recent fires.
City Manager John Sibley noted that Old Towne in the City of Orange was recognized recently
in an Orange County Metro article on Five Great Business Neighborhoods in Orange County.
9. LEGAL AFFAIRS - None.
CITY COUNCIL MINUTES
February 14, 2006
TAPE 1165
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN - WEST SIDE OF LEWIS
STREET, 253 FEET SOUTH OF ITS INTERSECTION WITH LAMPSON.
(C2500.M.14)
Time set for a noticed hearing on a Resolution of Necessity to acquire a strip ofland on the west
side of Lewis Street, 253 feet south of its intersection with Lampson in the City of Orange,
California for the purpose of building a parking lot.
10.
NOTICED HEARINGS
Discussion - City Attorney, David DeBerry described the strip ofland as a dirt lot with ongoing
maintenance problems that the City often receives complaints on and that the purpose of the
action to be taken is to assist the property owner in selling the property.
Speakers
David Wollwage, neighboring property owner, asked about landscaping, maintenance and
security issues.
July Wollwage, neighboring property owner, spoke in support, but also expressed concern about
future design aspects of the property.
Donna Delsandro, neighboring property owner, asked that the existing trees remain on the
property; suggested landscaping on the block wall; addressed trash being thrown over fence into
back yards; and requested the proposed parking lot be closed when office building is closed.
Mayor pro tem Cavecche stated that she would not typically support a condemnation to transfer
ownership; but would support this proposal with the understanding that it is to clear title and
assist the owners in selling the property, noting there is a letter from Mr. Farrow stating he has
no objection to the transaction. She also asked that staff assist the neighbors with their concerns.
Mayor Murphy asked that the neighbors be notified of any proposed development plans for this
property.
RESOLUTION NO. 10059
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located on the West Side of Lewis Street,
approximately 253 feet South of Lampson and authorizing the acquisition thereof.
Owner of Record: Farrow Lewis, Inc.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10059; only if all efforts to clear title on this property through
normal escrow proceedings fail; and the letter from Mr. Farrow stating he has no objection to
this procedure be entered into the record.
Staff was also directed to take into consideration the comments from the neighbors on the future
design and development of the property; and that the neighbors are to be notified of any
development plans.
CITY COUNCIL MINUTES
February 14,2006
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:30 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
I) Linda Gionet v. City of Orange, Orange County Superior Court Case No.
05CC04593;
2) City of Orange v. Jeffrey Hambarian, Orange County Superior Court Case No.
807419;
b. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Manager
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organization: Top Management
d. 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
13. PUBLIC COMMENTS -
Carolyn Alliotta, Clydesdale Road, Orange Park Acres, spoke on traffic safety issues in the
Orange Park Acres area and asked for funding for guard rails.
14. PUBLIC HEARINGS -
14.1 2006 EDITION OF THE STANDARD SPECIFICATIONS OF PUBLIC WORKS
CONSTRUCTION. (A2500.0 Ord-02-06)
Time set for public hearing to consider a proposed ordinance of the City Council amending
Chapter 12.02 of the Orange Municipal Code to adopt the 2006 Edition of the Standard
Specifications for Public Works Construction (commonly referred to as the Greenbook).
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
CITY COUNCIL MINUTES
February 14, 2006
14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 2-06 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orange
Municipal Code to adopt the 2006 Edition of the Standard Specifications for Public Works
Construction.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 2-06 be read by title only and same was approved and adopted by the
preceding vote.
(TAPE 1890)
14.2 BOARDING AND LODGING HOUSES - ORDINANCE NO. 1-06.
(A2500.0 Boarding / Lodging Houses)
Time set for public hearing to consider a proposed ordinance of the City Council amending
Chapter 17.04 of Title 17 of the Orange Municipal Code to modify the definitions of boarding
house and lodging house to clarify the types of rental arrangements that are permitted by right in
a single family residential neighborhood and those that are not permitted.
Note: The project is categorically exempt from the provisions of the California Environmental
Quality Act per state CEQA Guidelines Section 15305 - Class 5 - Minor Alterations in Land
Use Limitations.
Discussion - City Attorney, David DeBerry reported that the action would not be a final cure for
all the problems that exist with overcrowding; however, it is a start to address the number of
renters in a single-family residence. He explained that a single-family residence would only be
allowed to rent to no more than two leases; and that three leases would constitute a boarding
house which is not allowed in a single-family R-l zoning district.
He added that cities have tried to regulate this issue, but have been unsuccessful in court due to
the California Uniform Housing Code overriding the City Codes-standards need to be
consistent with the State code. He reported that other cities have made efforts to regulate by
requiring all residents to be related by blood or marriage; distinguish if owner-occupied; and/or
placing a cap on the number of renters - all of which have been thrown out of court.
In response to Councilmember Smith's question about R-2 Zoning, Community Development
Director, Alice Angus indicated that the regulations for R-l are the same for R-2.
In response to questions from Councilmember Ambriz, Ms. Angus reported that there are
currently no CUPs in R-3 or R-4 zones.
CITY COUNCIL MINUTES
February 14, 2006
14. PUBLIC HEARINGS (Continued)
Councilmember Ambriz asked how group homes would be affected by this proposed Ordinance.
Mr. DeBerry stated that under state law group homes are considered residential care facilities-
limited to six or fewer occupants in an R-l Zone. These include homes for the elderly,
recovering alcoholics and disabled, as defined by law; and state law supercedes City law. The
City is precluded from treating these care facilities any different than a single family residence.
He suggested the need for the State to amend the Uniform Housing Code to address the problems
associated with Boarding and Lodging Homes.
Mayor pro tem Cavecche clarified that the action before Council will strengthen the definition of
boarding and lodging houses to assist with enforcement, because even with the current language,
they are not allowed in a single family neighborhood. She added that in R-3 or R-4 zones, there
is an opportunity to address parking and infrastructure issues, but those opportunities are not
available in an R-l zone. She added that it is not necessarily the number of people in a family
that creates a problem, but rather a situation with many adults living in a home deteriorating the
health and safety of a neighborhood. She suggested the involvement of the Fire Department in
these issues; and asked what the City could do to sponsor State legislation to address the issue.
Councilmember Dumitru stated that during the budget proceedings, the Council will need to
address increasing the Code Enforcement budget.
Mayor Murphy stated that the Council's action would address the multiple lease situation and
noted the Council's willingness to pursue legislation to change the State Housing Code. He
suggested that a parking permit system could possibly help to address parking issues in a
neighborhood.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke on the issue of Boarding Houses. Their comments included:
Vehicle overcrowding; need to address who is on the lease and paying rent; parking code not
enforced; rules being circumvented; multiple boarding homes on one street; evening parking;
sanitation and health problems; issues affecting children; this being a nuisance issue; alcohol
increasing the problems; need for stricter rules in notifying violators; illegal immigration
increasing the illegal housing situation; suggestion for a bedroom to person ratio and situations
of multiple college students renting.
Dan Welch, 3812 E. Sycamore
Dean Ekas, 3831 E. Sycamore
Cynthia Hualulu, 351 N. Serenado
Carol Fulton, 3421 E. Vine
Dennis Fulton, 3421 E. Vine
Dennis McMillan, 3929 E. Palm
Vera Fenat, 2747 E. Bennett
Peg McMillan, 3929 E. Palm Avenue
CITY COUNCIL MINUTES
February 14,2006
14. PUBLIC HEARINGS (Continued)
Loren Miner, 603 N. Heatherstone
Ron Bell, Garden Grove Boulevard
Jennafer Abrigo, Garden Grove Boulevard
Jonathan Zimmerman, 546 N. Maplewood
Communication received: R. Lee, Larkstone
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Community Development Director Alice Angus stated that the ordinance would take effect 30
days after the second reading on February 28, 2006. She then provided numbers for Code
Enforcement - 744-5555 and 744-7244.
Councilmember Smith indicated that the property owners and landlords are sometimes at fault -
indicating the high rents being charged. She listed her concerns for homes occupied by multiple
college students, sorority homes, code enforcement improvements, safety and health issues,
including lewd and criminal acts. She suggested a multiple-pronged solution to the problem and
her desire to pursue other strategies to address the issue in addition to the co-sponsoring of
legislation that would require strong community support.
Councilmember Dumitru noted this is a quality of life issue; reiterated that he will ask for more
Code Enforcement Officers through the budget process; and suggested there needs to be more
education.
Mayor pro tem Cavecche indicated the challenge was in enforcement and asked that the City
Manager return with an action plan to put together a task force to include Police, Fire and
Community Development to address the enforcement side of this issue.
ORDINANCE NO 1-06 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 17.04 of Title 17 of
the Orange Municipal Code Regulating Lodging and Boarding Houses.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 1-06 be read by title only and same was set for second reading by the
preceding vote.
Staff was directed to bring back to Council an action plan, involving Police, Fire and Community
Development, to deal with the enforcement side of this issue.
CITY COUNCIL MINUTES
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
The City Council adjourned at 8:40 p.m.
The next Regular Council meeting is scheduled for February 28,2006.
February 14, 2006
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of February 14, 2006 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.
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