2/28/2006 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON MARCH 14,2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 28,2006
The City Council of the City of Orange, California convened on February 28, 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 Nora Jacob, Library Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 51, St. John's Lutheran Church
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENT ATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Presentation from Yesenia Valez of the Orange County Human Relations Commission -
NOT PRESENTED
Presentation of Proclamation honoring the 65th Birthday of the Assistance League of Orange.
Presentation of Resolution to Richard Eggers upon his retirement - NOT PRESENTED
Employee Service Awards were presented.
2.
PUBLIC COMMENTS
Colleen Kelly, 2000 E. Palmyra, spoke on SB 1024 and affordable housing; and
submitted information
The following people spoke on a residential care facility on Morningside:
. Alex Ciavola, 2440 E. Hillside - submitted information
. Patrick Cunningham 1643 N. Fireside - submitted a petition
. Steve Hutchins, 1769 N. Morningside
. Leigh Ann Ash, 1674 N. Morningside
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February 28,2006
2. PUBLIC COMMENTS (Continued)
The following people spoke in protest of the recent arrest of day workers:
. Maria Rosa Ibarra, Santa Ana, Mexican American Political Association
. Amin David, Santa Ana, Los Amigos of Orange County
. Nora Preciado, ACLU, 2140 W. Chapman Avenue
The following people spoke in support of the recent arrest of day workers:
. Larry Culbertson, San Juan Capistrano resident
. Ron Bell, Garden Grove Boulevard, Orange
. Jennafer Abrigo, Address on File
. Eileen Garcia, Laguna Beach resident
. Robin Hvidston, Upland resident
Marco Garcia, 762 Fairmont Way, community leader from the La Purisima Congregation,
spoke on the positive relationship their community has with the Orange Police Department.
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 February 2, and 9, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, February 14, 2006.
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 January 31, 2006.
ACTION:
Approved.
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3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5
Sewer Service Agreement: Request by Phillip James Sullivan and Susan Lyn
Sullivan to connect their property to City of Orange sewer. (A2100.0 Agr-4841)
SUMMARY: Phillip and Susan Sullivan, owners of residential real property located at
10380 South Randall Street in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Randall Street.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Phillip and Susan Sullivan and
authorize the Mayor and the City Clerk to execute the Sewer Service Agreement on
behalf of the City.
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.6 License Agreement between the City of Orange and the County of Orange for use of
the Sheriff's Department Training Facility and Shooting Range.
(A2100.0 Agr-4842)
SUMMARY: On August 12, 2003 City Council approved an agreement (AGR No.
4337) with the County for use of the Katella Firing Range. The County is now offering
the City use of all training and classroom facilities, not just the firing range. The Police
Department would like to enter into a contract with the County of Orange for use of all
amenities available at the Katella Training Facility. This new agreement would
supercede Agreement No. 4337.
ACTION: Approved the License Agreement between the City of Orange and the County
of Orange and authorized the Mayor and the City Clerk to execute the Agreement on
behalf of the City.
FISCAL IMPACT: Funds are currently budgeted in account 100-4011-445400 (Police-
Ammunition) for use of range and ammunition costs. Approval of this agreement will
not result in additional expenditures.
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3. CONSENT CALENDAR (Continued)
3.7 Authorization for the City to become a member of the California Urban Water
Conservation Council by becoming a signatory to the Memorandum of
Understanding Regarding Urban Water Conservation in California.
(A2100.0 Agr-4843)
SUMMARY: The California Urban Water Conservation Council was formed in 1991 to
promote the efficient use of urban water resources throughout the state. By becoming a
signatory to the Memorandum of Understanding Regarding Urhan Water Conservation in
California, the City will demonstrate its commitment to water use efficiency and to long-
term demand management and planning. Membership gives credibility to the water
supplier's conservation programs and enhances opportunities for grants and other sources
offunding.
ACTION: Approved the Memorandum of Understanding regarding Urban Water
Conservation in California and authorized the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: There is no fiscal impact at this time. Since 1998, the Metropolitan
Water District of Southern California and the Municipal Water District of Orange County
have paid the CUWCC membership dues for their member agencies.
3.8 Award of Consultant Services Agreement to TRC-Engineered Automation Systems,
Inc. for the Design of Upgrades for the Heating, Ventilation, and Air Conditioning
System at the Police Headquarters. (A2100.0 Agr-4844)
SUMMARY: TRC-Engineered Automation Systems, Inc. (TRC-EASI) will perform
engineering design services consisting of the preparation of new integrated plans and
contract specifications, and provide construction administration support for the upgrade
of the heating, ventilation and air conditioning system at the City's Police Headquarters
located at 1107 North Batavia Street.
ACTION: Awarded a contract in the amount of $72,360 to TRC-EASI and authorize the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
725-5028-481200-9823 Major Building Improvements $480,000.00
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3. CONSENT CALENDAR (Continued)
3.9
An amendment to a consultant services agreement with a private microfilming firm,
Omega Microfilm Corporation, to provide the transfer of plans and permits onto
microfilm and provide minor maintenance and/or repair to the Community
Development Department's microfilm reading equipment. (A21 00.0 Agr-40l2.B.1)
SUMMARY: The goal of the Building Division is to provide the staff and the public
with the ability to view permits and plans. Bulky paper plans are microfilmed at the
close of a construction project and placed in storage files for access to staff and the
public. This item will grant an amendment to the existing contract for microfilm
servIces.
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service agreement with Omega Microfilming Corporation, not
to exceed an additional $25,000 for a total contract amount of $55,000.
FISCAL IMPACT: Funds in the amount of $25,000 are available m the following
account of the Plan Check Administration budget: 100-6033-426700 Other
Professional & Consulting Services.
3.10 A second amendment to the consultant services agreement with a private building
plan check firm, CSG (Community Service Group) Consultants, to provide on-site
and off-site plan checks, conduct field inspections to determine compliance with City
codes and related public counter services for the Building Division.
(A2100.0 Agr-3375.D.2)
SUMMARY: The purpose of this item is to approve a second amendment to the existing
contract with CSG Consultants for temporary overflow plan check services, through the
remainder of this fiscal year.
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service agreement with CSG Consultants, not to exceed an
additional $80,000 for a total contract amount of$220,000.
FISCAL IMP ACT: Funds in the amount of $80,000 are available in the following
account of the Plan Check Administration budget: 100-6033-427800 -. Other Contractual
Services. The funds are from salary savings based on current vacancies.
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February 28,2006
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Bid No. 056-31, Approval of plans and specifications and request authorization to
advertise for bids for construction of Community Development Block Grant (CDBG)
Project - Arbor Way, Oak Street, and Wayfield Street Rehabilitation (SP-3549).
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
Arbor Way, Oak Street, and Wayfield Street under the CDBG Program. The project is
ready to be advertised. The total estimated construction cost including contingencies and
construction engineering (13%) is $286,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Arbor Way, Oak Street, and Wayfield Street Rehabilitation Project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-3037 CDBG Arbor Way Rehabilitation
310-9645-483300-3036 CDBG Oak Street Rehabilitation
310-9645-483300-3013 CDBG Wayfield Street Rehabilitation
Total
$ 57,000
74,000
139,000
$270,000
3.12 Fiber Optic Traffic Signal Communication System Project. Approval of plans and
specifications, and request for authorization to advertise for bids. (S4000.S.3.3)
SUMMARY: Plans and specifications for the Fiber Optic Traffic Signal Communication
System Project have been completed. The project is ready to be advertised for bids. The
estimated construction cost including contingencies (10%), and construction engineering
(3%) is $1,668,000.
ACTION:
1. Appropriated funds awarded through the Orange County Transportation Authority
(OCTA) for the Signal Improvements Program (SIP) in Grant Years 03-04 in the
amount of $250,000 to account 550-5032-483100-2999, for Tustin Street Smart
Corridor.
2. Appropriated funds awarded through the Orange County Transportation Authority
(OCT A) for the Signal Improvements Program (SIP) in Grant Years 03-04 in the
amount of $236,166 to account 550-5032-483100-2999, for the Chapman Avenue
Interconnect-Tustin Street to Cannon Street.
3. Appropriated $38,300 from TSIP Area B Unappropriated Reserves into account 284-
5032-483100-2999, for Tustin Street Smart Corridor.
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3. CONSENT CALENDAR (Continued)
4. Appropriated funds received from St. Josephs Hospital for a traffic surveillance
system on Main Street and La Veta Avenue in the amount of $265,321 to account
550-5011-483100-3035.
5. Approved plans and specifications and authorize advertising for bids for the Fiber
Optic Traffic Signal Communication System Project.
FISCAL IMPACT: Upon appropriation, funds will be available m the Capital
Improvement Program in the following accounts:
550-5032-483100-2999 Tustin St. Smart Corridor- CTFP GMA3 $ 198,370
550-5032-483100-2999 Tustin St. Smart Corridor-CTFP SIP 250,000
284-5032-483100-2999 TSIP Area B 38,300
550-5032-483100-6019 Chapman Ave Interconnect-CTFP 236,166
272-5032-483100-6019 Chapman Ave. Interconnect - Gas Tax 2105 104,860
550-5011-483100-3035 St. Joseph Development Deposit 265,321
272-5032-483100-6062 West Chapman Interconnect 120.090
Total $1,213,107
3.13 Bid No. 056-32, Approval of plans and specifications and request authorization to
advertise for bids for construction of Community Development Block Grant
(CDBG) Project - Sycamore Avenue Reconstruction Improvements (SP-3533).
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Sycamore Avenue
Reconstruction from Main Street to Batavia Street. The project is ready to be advertised
for bids. The estimated construction cost is $256,000 including contingencies and
administration.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Sycamore Avenue Reconstruction improvements.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
310-9645-483300-3012 CDBG - Sycamore Ave Reconstruction $222,670
3.14
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. Karyn Gautier
b. Mercury Insurance subrogee of Cynthia Borden
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.15 Award of Contract - Bid No. 056-19; Project No. SP-3538; CDBG Project -
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, Fiscal Year 2005-06. (A2100.0 Agr-4845)
SUMMARY: This project will provide for construction of wheelchair access ramps
conforming to the requirements of Americans with Disabilities Act at various locations
citywide.
ACTION: 1) Transferred $15,000.00 from 310-9645-491300-1070 (CDBG
Contingencies) to 310-9645-483300-1328; 2) Awarded Contract - Bid No. 056-19 in
the amount of $132,276.00 to the low bidder, Kalban, Inc., 9075 Glenoaks Blvd., Sun
Valley, CA 91352 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: 310-9645-483300-1328 CDBG - ADA Improvements $ 146,000
3.16 Final Acceptance of Bid No. 045-47; Waterline Renewal for 700 E. Taft Avenue and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 Agr-4725)
SUMMARY: Bid No. 045-47; Waterline Renewal for 700 E. Taft Ave. The contractor on
said job was John T. Malloy, Inc.
ACTION: Accepted public work improvements, authorized release of Hartford Fire
Insurance Company, Bond No. H-840, in the amount of $40,604.00 and authorize the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None
RESOLUTIONS
3.17 RESOLUTION NO. 10062 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for funds
for the Transportation Enhancement Activity (TEA) Program under the 1998
Transportation Equity Act for the 21 st Century.
ACTION: Approved.
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3.
CONSENT CALENDAR (Continued)
3.18
RESOLUTION NO. 10063 (A2100.0 Agr-4170.1)
A Resolution of the City Council of the City of Orange approving the terms and
provisions of Amendment No. 1 to the Agreement regarding proposed stream or lake
alteration with the California Department of Fish and Game relating to a portion of
Santiago Creek.
ACTION: Approved.
3.19 RESOLUTION NO. 10064 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange Relating to the Classification,
Compensation, and Terms of Employment of Executive Directors and Top Management
Employees, and Repealing Resolution No. 9954 and Amendments Thereto.
ACTION: Approved; and authorized staff to make appropriate budget transfers to
departmental salary accounts.
3.20 RESOLUTION NO. 10065 (A2100.0 Agr-4187)
A Resolution of the City Council of the City of Orange approving joint powers agreement
for the Integrated Law and Justice Agency for Orange County.
ACTION: I) Approved Resolution No. 10065; 2) Approved the COPLINK System Use
Policy, specifically authorizing the Chief of Police to execute the document and any
amendments on behalf of the City; and 3) Appropriated $35,000 to account 100-4011-
427800 (Administration-Other Professional Services) for the cost of participating in the
1LJAOC.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - NONE
5. REPORTS FROM COUNCILMEMBERS - NONE
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - NONE
7. ADMINISTRATIVE REPORTS
7.1 Report from the Public Works Director - Cooperative Agreement between the City
of Orange and the County of Orange for the pavement rehabilitation of Hewes Street from
Spring Street to Walnut Avenue. (A2100.0 Agr-4846)
SUMMARY: The Cooperative Agreement between the City of Orange and the County of
Orange establishes the funding and respective responsibilities of each agency for the
rehabilitation of Hewes Street.
MOTION-
SECOND -
AYES
Dumitru
Smith
Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appropriate $107,400 from Fund 262 Unallocated Reserves to Account No. 262-5011-
483300-3112; and approve the Cooperative Agreement and authorize the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation funds will be available in the following account:
262-5011-483300-3112 Arterial Street Maintenance Program $107,400.
7.2 Report from Interim Community Services Director - Appropriation of $2 million in
Urban Park Act Grant Funds for the Design and Construction of the Gymnasium/Sports
Center at Grijalva Park. (C2500.M.4.20)
SUMMARY: The City of Orange was awarded $2 million in Urban Park Act grant funds
under the California Department of State Parks, Proposition 40 Resources Bond, for design and
construction of the Gymnasium/Sports Center at Grijalva Park. The Community Services
Department is requesting the appropriation of these funds.
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Cavecche
SECOND - Murphy
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appropriate the sum of $2 million from Proposition 40 Urban Park Act grant funds to
account 320-7021-481200-1606 (Gymnasium/Sports Center); and amend the revenue budget
with an increase in the amount of $2 million to account 320-7021-261500-1606
(Gymnasium/Sports Center).
FISCAL IMP ACT: Upon appropriation, sufficient funds will exist in the following account:
320-7021-481200-1606 Gymnasium/Sports Center $2,000,000
7.3 Report from City Attorney - Employment Agreement with City Manager John
Sibley. (A2100.0 Agr-4707.B)
SUMMARY: The proposed contract would take effect July 1,2006 and run through June 30, 2008.
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Agreement for Employment of City Manager and authorize Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: The contract would increase Mr. Sibley's salary from $15,200 per month to
$15,808 per month. The fiscal impact for this increase in base salary for the fiscal year July 1,
2006, through June 30, 2007 is $9,156.
8. REPORTS FROM CITY MANAGER - NONE
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 1-06 AS AMENDED (SECOND READING)
(A2500.0 Ord-01-06 Lodging & Boarding Houses)
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 - Cavecche
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 1-06 be read by title only and same was approved and adopted by the
preceding vote.
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10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:40 p.m.
NOTE: The City Council did not meet in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Zeke Hernandez, Santa Ana, spoke on policies relating to the recent arrest of day workers.
Penny Magnotto, Perris resident, spoke in support of the recent arrest of day workers.
Mike Merino, Address on File, spoke on the recent arrest of day workers.
13. PLANNING AND ENVIRONMENT
13.1 Request for the trial speed humps on Adams Avenue between Shaffer Street and
Cambridge Street to remain in place on a permanent basis. (S4000.S.6)
SUMMARY: The City Traffic Commission approved the three-month trial of the speed humps
on Adams Avenue between Shaffer Street and Cambridge Street, and recommends to the City
Council the installation remain on a permanent basis.
Discussion
Tom Mahood, Traffic Engineer stated that before speed humps were put in the average speed on
the street was 34.9 mph in a 25 mph zone. Trial speed humps were put in and the average speed
dropped to 26.7 mph. 27 out of 36 households signed a petition in favor of keeping the speed
humps on a permanent basis.
In response to Council questions, Mr. Mahood stated that speed humps with cut outs for
emergency vehicles present difficulties in fabricating, and have to be sized for specific vehicles
which creates difficulty in making it fit all emergency vehicles. Additionally, that type of hump
creates gaps in the speed hump allowing motorcycles to go through at high speeds, and drivers
aim for the gap in the speed hump. He further stated that there is no additional cost to make the
speed humps permanent.
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13. PLANNING AND ENVIRONMENT (Continued)
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved the permanent installation of speed humps on Adams Avenue between
Shaffer Street and Cambridge Street
13.2 Appeal of the City Traffic Commission's recommendation that the trial speed
humps on Hoover Avenue remain in place on a permanent basis. (A4000.0)
SUMMARY: The appellant is contesting the City Traffic Commission recommendation to the
City Council that the three-month trial of the speed humps on Hoover Avenue between Shaffer
Street and Cambridge Street be approved as a permanent installation.
Mr. Mahood stated that before speed humps were put in, the average speed on the street was 34.8
mph in a 25 mph zone. Trial speed humps were put in and the average speed dropped to 25.7
mph. After the trial speed humps were put in, 25 of 38 households signed a petition in favor of
permanent speed humps.
Discussion
Some discussion followed regarding possible impact of speed humps on neighboring streets, and
Mr. Mahood stated that if any other streets request speed humps, the same studies would be
conducted to determine if the street meets the threshold. He stated the initial cost of each speed
hump is $1600.00.
Speakers
. Vie Iverson, 719 E. Hoover, spoke in favor of speed humps
. Don Shields, 615 E. Hoover, spoke in favor of speed humps; and suggested possibly less
distance between the humps and a different design.
. Briana Shields
· Tom Grochow, 163 N. Pine Street, spoke on the need for police enforcement to resolve
speeding issues.
It was noted that the Appellant was not present.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to deny the appeal and approve the permanent installation of speed humps on Hoover
Avenue between Shaffer Street and Cambridge Street.
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14. PUBLIC HEARINGS
14.1 ZONE CHANGE NO. 1231-05, MINOR SITE PLAN REVIEW NO. 395-05;
DESIGN REVIEW COMMITTEE NO. 4035-05; NEGATIVE DECLARATION NO. 1759-
05 - TODD FLAMMER, SUNNY SLOPE TREES (Z1500.0 ZCG-1231-05)
Time set for public hearing to consider a proposal to provide Recreational Open Space zoning
classification on a 2.66 acre un-zoned parcel to permit a wholesale nursery operation including
the construction of a sales office; upon property located at 1545 N. Glassell (north of the Orange
County Flood Control Channel between Glassell and Cambridge Streets).
Note: Negative Declaration No. 1759-05 was prepared to evaluate the potential environmental
impacts of the proposed project in accordance with the provisions of the California
Environmental Quality Act.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Mr. Todd Flammer, Applicant, spoke on the project.
Mr. Weltzien, Trenton Avenue, expressed concerns regarding Sunny Slope because it is directly
behind his residence.
Ms. Alice Angus, Community Development Director, addressed concerns clarifying that lighting
will be over windows and doors of the sales office and none in the parking lot. The hours of
operation will be Monday through Friday 8 a.m. - 4 p.m., and Saturdays 9 a.m. - 2 p.m.
Mr. Flammer, applicant stated that deliveries to the location will occur Tuesdays and Saturdays
during normal operating hours; and was willing to stipulate this as a condition of approval.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 10066
A Resolution of the City Council of the City of Orange approving Negative Declaration No.
1759-05, Minor Site Plan Review No. 395-05 and Design Review Committee No. 4035-05,
approving the development of a sales office for a nursery upon property located at 1545 North
Glassell Street.
Applicant: Todd Flammer
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10066; with the additional stipulation regarding the hours of
deliveries.
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14. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 5-06 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property generally located at 1545 North Glassell Street from Unzoned to RO (Recreation and
Open Space).
Zone Change 1231-05
Applicant: Todd Flammer
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 5-06 be read by title only and same was set for second reading by the
preceding vote.
14.2 PROPOSED ORDINANCE AMENDMENT - RECREATIONAL VEHICLE
PARKING AND STORAGE STANDARDS IN RESIDENTIAL ZONES. (A2500.0 Ord-
04-06 Parking)
Time set for public hearing to consider a draft Recreational Vehicle Ordinance Amendment
modifications to Section 17.14.090 of the Orange Municipal Code to restrict the parking or
storage of recreational vehicles within 20 feet of the front lot line of residentially zoned property,
with accommodations for visitors, loading/unloading, and vehicles that serve as a sole means of
transportation.
Discussion:
City Attorney, David DeBerry clarified that the ordinance being considered at this time was the
draft in the City Council agenda packet that was attached to the Planning Commission resolution.
It has exemption language stating that if a resident has an RV and has stored it in compliance
with the regulations that existed at the time of purchase then those people will be grand fathered
and may continue to store the RV in that manner. If this proposed ordinance is approved, it
would go into effect 30 days after the second reading of the ordinance. RV's purchased after that
time will be affected by the new ordinance.
Councilmember Ambriz asked for clarification on grandfathering for RV's bought prior to 1995,
and for the time period of 1995 to 2004, and then for 2004-2006, and adding 2006 if this
ordinance passes.
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14. PUBLIC HEARINGS (Continued)
Mr. DeBerry stated most people adhering to the RV storage laws that were in place between
1995-2004 will most likely be in compliance with the proposed code. The group most affected
are those who bought and stored RV's based on the relaxed standards of 2004. The
grand fathering is typical in land use situations - the use may continue if the RV was purchased
in adherence to regulations existing at the time of purchase.
Mayor pro tern Cavecche stated that she is in favor of the grandfather clause and she wants
assurance that if an RV was purchased prior to 1995, residents can buy a new RV and the
storage rights can't be taken away from them as long as they are in that home.
Mr. DeBerry verified that with grandfathering back to 1995 a new RV purchase would be
allowed but under the proposed code, residents would still have to comply with the height and
length requirements of 1995 as well as the existing regulations.
Mr. DeBerry in response to a question from Councilmember Dumitru stated that in 1995 there
was a height and length limit, and in grand fathering back to 1995 residents will be required to
follow those limits. This is what was recommended by the Planning Commission; but the
Council can change that policy if they wish to.
Mr. DeBerry, in response to a question from Mayor Murphy clarified that if a resident owned a
vehicle in 1995 and bought another in 2005, they would be grandfathered in under the time of the
last purchase.
Mr. DeBerry clarified that if an investment has been made in property, in good faith, based on
existing regulations, then grandfathering will apply, which is typical in land use situations.
Ms. Angus provided a staff report and recapped the history of RV ordinances, including some
exemptions.
Discussion followed regarding the inclusion of exemptions for handicapped individuals, the time
frame given for people to find storage for their RV's, enforcement of various codes applying to
different residents, and permits for grandfathered RV's
Mayor pro tem Cavecche asked for clarification regarding the City Attorney being the official
giving approval for grandfathering if substantial improvements have been made to property.
Mr. DeBerry stated that more than anything else, the determination on property improvements is
a legal review and that is why it will be determined by the City Attorney's Office. If substantial
improvements have been made to property based on good faith reliance on the code at the time,
then by law the resident may continue a non-conforming use.
Ms. Angus, in response to Councilmember Smith, stated that 7 day permits for on street parking
can be obtained 6 times per year through the Police Department. The 7-day permits can be
given out consecutively; and in the past, it has been done up to two weeks in a row.
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CITY COUNCIL MINUTES
February 28,2006
14. PUBLIC HEARINGS (Continued)
Mr. DeBerry clarified that there is no limit on consecutive permits for street parking, and
theoretically residents can get permits for up to 42 days in a row.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in opposition to the proposed Ordinance. Their comments include:
Homeowners on same block could have different regulations, depending on date of purchase;
scarcity and expense of storage lots; does not depreciate property values as R V access is
desirable; property rights; give current Ordinance more time to work; unfair to those who have
bought and stored RVs under current laws; proposed Ordinance is too confusing and could be
legally challenged; there needs to be a simpler, more straight forward ordinance.
Rene Vega, 1894 Chouteau
Bruce Villotti, 315 N. Lime
John Conley, 2731 N. Butler
Lois Oliver, Address on File
Toni Carlton, 3106 Hillcrest
Brandon Behringer, 1418 E. Fairway
Catherine Hutchins, 1418 E. Fairway
Danny Lentz, 1236 E. Quincy
Ellis Marcum, 237 N. Milford
Jeff Goodpaster, 441 S. Parker
Walter Khazoyan, 1148 E. Concord
Lesta Williams, 2143 Trenton
Frank Finn, Address on File
Bill Kerfoot, 1773 Greengrove
Tim Grisenti, 567 N. Glenrose
Michael Friese, 204 S. Batavia
Richard Beem, 411 S. Y orba
Phyllis Force, Address on File
Mike Lee, Address on File
Janette Hernandez Lavalle, 345 E. Everett
Janice Bull-Lindsey
Mil Thornton, Trenton Avenue
Mike Merino, Address on File
Richard Drake, 2618 N. Dunfield
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CITY COUNCIL MINUTES
February 28,2006
14. PUBLIC HEARINGS (Continued)
The following people spoke in favor of the proposed Ordinance. Their comments include:
Line of sight hazards; reasonable accommodation to current RV owners; infringement on
neighbors' rights; aesthetics; RV access does not mean parking on a driveway; a driveway is
meant for access to a garage, not for storage; Family Motorcoach Association encourages
parking behind the setback with screening;
Robert Oran, 1125 E. Madison
David Clements, 1521 E. Fairway Drive
Tom Loughrey, 259 N. Orange
Nick Terpstra, Address on File
Gary Helton, Address on File
Dan Slater, 278 N. Pine
Laurel Mackin, 411 W. Crystal View
Dorthy Stewart, Address on File
Jeff Mulford, Address on File
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Discussion
Councilmember Ambriz referenced that the staffreport's Financial Impact stated the ordinance
will not involve additional costs to the city. He noted, however, that there would be costs
involved in developing permits, having the City Attorney review applicants for grandfathering,
Code Enforcement staff, and Police Department time. Additionally, promotional items will need
to go out to residents informing them of code changes affecting them.
Ms. Angus stated that it is difficult to quantify the costs because the amount of code enforcement
time which will be spent on this is unknown at this time.
Councilmember Smith asked how notification would go out to residents and the cost of
notification.
Ms. Angus stated that the cost of notification would not be significant. Notification can be put
on the City web site, the cable channel, and water bill inserts. The costs were absorbed by
different department budgets during the last code change and she believes that can be the case
agam.
Mr. DeBerry, in response to Councilmember Dumitru, stated that any ordinance could be
revisited at any time; and grandfathering of RV's prior to 1995 without restrictions could occur
at council direction.
Mr. DeBerry, in response to Mayor Murphy, clarified that the RV guidelines and grandfathering
clauses will apply to tenants in the same manner as homeowners - that they apply to residents.
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CITY COUNCIL MINUTES
February 28,2006
14. PUBLIC HEARINGS (Continued)
Mr. DeBerry clarified some issues regarding the grandfathering clause in the currently proposed
ordinance.
1. If significant improvements have been made to a residence in reliance on the existing
regulations, even though an RV has not yet been purchased -- grandfathering would apply.
2. Residents who subsequently purchase property are not grandfathered in - this Ordinance
would only apply to a current occupant.
3. If a larger RV is purchased which does not comply with existing regulations, that may be
prohibited - but it does not prevent the purchase of a new R V of the same or smaller size.
4. The annual permit for owners who have made significant improvements to their property
would provide evidence that the current resident is still in the house, and is not a new
resident who would not enjoy the benefit of grandfathering.
5. If a resident moves, the grandfathering stops, and the RV will have to be stored according to
existing regulations.
6. The grandfathering provision applies to people who currently have RV's, and have parkcd it
legally according to the code at time of purchase.
7. A compliance period will be part of new ordinance for those who are not grand fathered in.
Councilmember Dumitru stated his opposition to a 12 month compliance period, and suggested
a 6 to 9 month compliance period. He wanted to ensure that there was an exemption for
handicapped residents; and would also like to see the grandfathering prior to 1995 without
restrictions.
Mayor Murphy stated that although he would not be supporting the proposed Ordinance, he
suggested eliminating the requirement for an ongoing annual permit, and agreed with adding
language to include a handicap exemption. Also, a one year compliance period is reasonable for
the moving of RV's for those who are not grandfathered. He also asked staff to provide a flow
chart or grid to make it very clear as to how the grandfathering works and who it applies to. He
would not be supporting the proposed Ordinance because the existing code was not given enough
time to be evaluated.
Councilmember Smith stated that she has been consistent in her opposItIOn to RV's in the
setback area which obstruct a neighbor's line of sight, sunlight and creates safety issues. She
stated that under a current ordinance, large work vehicles, trucks, and trailers are not allowed in
driveways, and many RVs are larger than those trucks; and that this ordinance is parallel to other
ordinances in place regarding large vehicles and buildings. She is not opposed to the storage of
RVs at residences, but in the back yards and sides of buildings with 20 feet setback - and the
proposed ordinance will allow for that. The proposed ordinance will allow for the
grand fathering of vehicles stored legally under the current code. She is in favor of notifying the
community of a new ordinance as quickly and extensively as possible, even at a cost to the city.
She would like to see a 6 month compliance period, particularly considering that a large number
of residents will be grandfathered in; and agreed that an annual permit is not necessary.
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CITY COUNCIL MINUTES
February 28, 2006
14. PUBLIC HEARINGS (Continued)
Mayor pro tem Cavecche stated that she has been consistent in her desire for a new RV
ordinance. She noted that it is important to her that residents who owned RVs before the 1995
ordinance came into place be grandfathered; and with that provision, she is willing to vote for
this proposed ordinance.
Councilmember Ambriz stated that too much time, energy, and resources have gone into this;
and this issue has become divisive for the city. He noted that this is about property rights and
respect and communication between neighbors. He suggested specific language in the ordinance
stating its effective date and that it only applies to property owners who cannot show ownership
prior to the start date of the new ordinance. He noted there will be costs involved in this,
including staff time and resources; and he does not support the proposed Ordinance.
The City Attorney clarified that the City Council wanted the following changes made to the
Ordinance:
1. Exemption for handicapped persons
2. Exemption for pre-1995 owners expanded to cover purchase of larger R V s.
3. Remove requirement to annually renew permit.
And direction to staff to initiate a six month compliance period and a notification process.
Council Action:
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
NOES - Ambriz
Moved to find the Ordinance categorically exempt from the provlSlons of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5, Minor
Alterations in Land Use Limitations).
ORDINANCE NO 4-06 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Section 17.14.090 of the
Orange Municipal Code regulating the parking and storage of recreational vehicles.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Cavecche, Dumitru
NOES - Ambriz, Murphy
Moved that Ordinance No. 4-06 be read by title only and same was set for second reading by the
preceding vote, with modifications to the Ordinance to include a handicap exemption,
grandfathering clauses, and the stipulation that the annual permit does not need to be renewed
annually; with direction to staff to initiate a six month compliance period and notification to be
conducted as quickly and extensively as possible.
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CITY COUNCIL MINUTES
15. ADJOURNMENT
The City Council adjourned at 10:10 p.m.
The next Regular Council meeting is scheduled for March 14,2006.
February 28,2006
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of
February 28, 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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MAYOR
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MARY Eo MURPHY
CITY CLERK
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