Council Minutes 02/24/2004
APPROVED BY THE CITY COUNCIL ON MARCH 9, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 24,2004
The City Council of the City of Orange, California convened on February 24, 2004 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Rick Zeiger, Orange Christian Assembly
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Cub Scout Pack 863, St. Norbert's School
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation on the status of the Community Foundation of Orange, was given by Roger
Hobbs, President. To date the foundation has raised $800,000 in pledges and cash, in
addition to the $1 million from the County of Orange. Foundation Board Members
attending the meeting were introduced and special appreciation plaques were presented to
Community Services Director Gary Wann and Community Services Manager Gabe
Garcia. Mayor Murphy expressed appreciation to all members of the Foundation Board
for their involvement.
Resolution No. 9826 was presented to Michael Surber of the Community Development
Department, expressing appreciation for his twenty-two years of loyal and dedicated
service.
Employee Service Awards were given to the following: Michael Starnes, Police
Department, Clark Smith, Public Works Department, Virginia Miscione, Community
Services Department, and Linnea Felthaus, Public Works Department (not present).
Mayor Murphy announced that the City Council would adjourn in memory of Orange
resident, Leland Minor.
2. PUBLIC COMMENTS - none
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council
Agenda of a Regular Meeting of February 24, 2004 at Orange Civic Center City
Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police
Facility at 1107 North Batavia and Shaffer Park; all of said locations being in the
City of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated February 5 and 12, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regnlar Meeting, February 10, 2004.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the Treasurer's Report for the period ending January 31, 2004.
(C2500.F)
ACTION:
Received and filed.
AGREEMENTS
3.6 Sewer Service Agreement - Request by William and Kathryn Tovatt to connect their
property to City of Orange sewer. (A2100.0 AGR-4438)
SUMMARY: William and Kathryn Tovatt, owners of residential real property located at
10391 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.
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the connection request from William and Kathryn Tovatt and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalfofthe City.
FISCAL IMP ACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 An amendment to an existing professional service contract with a private building
plan check firm, CSG Consultants, Inc., to provide on-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.C.l)
SUMMARY: The goal of the Building Division is to provide quality plan checking
services at the public counter throughout the business day and timely field inspections.
The Department has been experiencing a staff shortage, which makes it difficult to meet
that goal. The amendment to the contract will augment existing staff with the use of an
on-site plan check consultant and a field inspector through the end of the fiscal year.
ACTION: Approved a request to amend an existing professional service contract with
CSG Consultants, Inc. not to exceed an additional $20,000, a total contract for this fiscal
year of $50,000; and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: For the balance of FY 2003-2004, $20,000 will be utilized from
Building Inspection salary savings (transferred to Account 100-6033-427800, Other
Contractual Services).
(REMOVED AND HEARD SEPARATELY) Tape 639
3.8 Agreement between the City of Orange and Purkiss Rose-RSI for the design services
for Grijalva Park at Santiago Creek Master Plan Design Services, Request for
Proposal Number 034-17. (A2100.0 AGR-4439)
SUMMARY: Approval of the professional services agreement between the City and
Purkiss Rose-RSI in an amount not to exceed $77,035 for design services for the Grijalva
Park Extension Master Plan.
Councilmember Ambriz questioned the wide range of costs for this contract for
professional services.
Community Services Director Gary Wann responded there was no clear explanation for
the range of bids; that some of the responses to the RFP were not competitive.
In response to questions from Councilmember Alvarez, Mr. Wann explained that the
initial drawings presented to Council were preliminary; that now that staff knows what
they have to work with, detailed designs were in order.
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CITY COUNCIL MINUTES
February 24,2004
3. CONSENT CALENDAR (Continued)
Councilmember Coontz questioned the fact that no presentation had come before
Council, which would have allowed for additional discussion. She asked that staff
prepare a presentation for Council, including financial issues.
Mr. Wann indicated this issue was reviewed by the Park Planning and Development
Commission.
Councilmember Ambriz reminded staff of the importance of community input in the
development of this new facility.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the professional services agreement between the City and Purkiss
Rose-RSI in an amount not to exceed $77,035 for design services for the Grijalva Park
Extension Master Plan; and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
551-7021-481200-1606 (Gym/Sports Center)
$77,035
BIDS
3.9 Bid No. 034-30, Eisenhower Park Renovations; Approval of Plans and
Specifications and Authorization to Advertise Bids. (C2500.M.4.13)
SUMMARY: Plans and specifications are being completed for the Eisenhower Park.
The project is ready to be advertised for bid.
ACTION: Approved plans and specifications and authorized advertising for the
Eisenhower Park Improvements.
FISCAL IMP ACT: Sufficient funds are available in the following accounts:
511-7021-485100-0092 (Quimby Funds - Eisenhower Park
Improvements)
(CDBG)
(Proposition 12)
310-9645-485100-0092
320-7021-485100-0092
$11,000
78,840
392,260
$482,100
Total:
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
3.10 Bid No. 034-37 Tot-Lot Equipment Replacements at EI Camino Real and Santiago
Hills Parks; Approval of Plans and Specifications and Authorize to Advertise for
Bids. (C2500.M.4)
SUMMARY: Plans and specifications are completed for the removal and installation of
the tot-lot equipment at EI Camino Real and Santiago Hills Parks, and the project is ready
to advertise for bid.
ACTION: Appropriated $25,000 in Waste Tire Playground Cover Grant funds in
account 550-7021-481200-0608 (EI Camino Real Park); and amended the revenue budget
in the amount of $25,000 in account 550-7021-261500-0608 (EI Camino Real Park);
approved plans and specifications and authorized staff to advertise for the removal and
installation of the tot-lot equipment at EI Camino Real and Santiago Hills Parks.
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
Subtotal
Total
$22,535
65,680
25,000
$113,215
$22,215
65,680
$87,895
$201,110
511-7021-481200-0608
310-9645-481200-0608
550-7021-481200-0608
(EI Camino Real Park)
(CDBG EI Camino Real Park)
(Waste Tire Playground Cover Grant)
Subtotal
320-7021-481200-0140
310-9645-481200-0140
(Santiago Hills Park Prop 12)
(CDBG Santiago Hills Park)
3.11 Bid No. 034-36 Hart Park Bandshell and Pool House Restroom Renovations;
approval of Plans and Specifications; and Authorization to Advertise for Bids.
(C2500.M.4.9)
SUMMARY: Plans and specifications are being completed for the Hart Park Bandshell
and Pool House Restroom Renovations, and the project is ready to advertise for bid.
ACTION: Approved plans and specifications and authorized staff to advertise for the
Hart Park Bandshell and Pool House Restroom Renovations.
FISCAL IMPACT: Funds exist in the following account:
511-7021-481200-0027 (Hart Park)
320-7021-481200-0027 (Proposition 12 Hart Park)
310-9645-481200-0027 (CDBG Hart Park)
$1,344
83,490
75.140
Total:
$159,974
3.12 Bid No. 034-35, Community Development Block Grant (CDBG) - FY 2003/04, Hill
Street, Walnut Avenue, and Palmyra Avenue SP-3454: Approval of Plaus and
Specifications and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation and
reconstruction of Hill Street from Phillips Place to Montgomery Place, Walnut Avenue
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
from Tustin Street to Park Lane, and Palmyra Avenue from Tustin Street to 1340 feet east
under the CDBG Program. The project is ready to be advertised. The estimated
construction cost for all streets is $424,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG - FY 2003/04 Street Reconstruction Projects.
FISCAL IMP ACT: Funds for this program have been received from the State and are
budgeted in the Capital Improvement Program and are available in the following
accounts:
310-9645-483300-3219
310-9645-483300-3026
310-9645-483300-3019
$ 72,000
$117,600
$158,900
Hill Street (CDBG)
Walnut Ave (CDBG)
Palmyra Ave (CDBG)
3.13 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. Amanda Lopez
b. John Marchese
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.14 Award of Construction Contract for Project No. S.P. 3455; Glassell Street
Reconstruction from Mayfair Avenue to Collins Avenue, Bid No. 034-24.
(A2100.0 AGR-4440)
SUMMARY: The bids were opened on January 29,2004. Six (6) bidders responded to
the request for public bids. The apparent low bidder is R.J. Noble Company.
ACTION: Awarded the contract in the amount of $328,433.05 to R. J. Noble Company,
15505 E. Lincoln Avenue, Orange, CA 92865; and authorized the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
310-9645-483300-3016 $397,545 Community Development Block Grant
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 034-21; Project No. D-147; Orange County Sanitation
District (OCSD) Cooperative Project - Whitecap Avenue Storm Drain
Improvements from Anchor Avenue to approximately 350 feet southerly on
Orange-Olive Road. (A2100.0 AGR-4441)
SUMMARY: The bids were opened on February 5, 2004. Thirteen (13) bidders
responded to the invitation for bids. The apparent low bidder is Mladen Grbavac
Construction Company of Arcadia, CA for $340,810.00. The Engineer's Construction
Estimate is $339,290.00, which is 0.45% lower than low bid.
ACTION: 1) Awarded the contract in the amount of $340,810.00 to Mladen Grbavac
Construction Company and authorized the Mayor and City Clerk to execute on behalf of
the City; 2) Appropriated $105,261.00 from Drainage Districts Fund (530) to Account
No. 530-5011-483400-5337 to cover construction cost shortfall; and 3) Appropriated
$32,670.00 from Water Capital Projects (601) to Account No. 601-8041-483400-5337 to
cover water relocation costs.
FISCAL IMPACT: Funds are budgeted and will be available upon appropriation in the
following Capital Improvement Program accounts:
601-8041-483400-5337
550-5011-483400-5337
530-5011-483400-5337
Water Capital Projects
OCSD Reimbursable
Drainage Districts - Whitecap Ave.
Total Funds
$ 32,670.00
105,000.00
254,261.00
$391,931.00
FACILITIES
3.16 Request to open and use the Main Library on Thursday evening, April 1, 2004, for a
community open house to provide an update on the Main Library expansion.
(C2500.I)
SUMMARY: City Council authorization is requested to open and use the Main Library
from 7:00 to 8:30 p.m. on Thursday, April I, 2004, for a community open house updating
residents on progress of the Main Library expansion.
ACTION: Approved request to allow use of the Main Library from 7:00-8:30 p.m. on
Thursday, April I, 2004, for a community open house on the Main Library expansion.
FISCAL IMPACT: The cost of 1.5 hours electrical power usage at the Main Library is
the only direct fiscal impact involved. Indirectly, a few staff members - e.g., the Library
Director and management team - will adjust their work schedules so they can be present
that evening; no overtime will be charged. No library supplies are involved.
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
FEE WAIVER
3.17 Request for Senior Citizen's Center fee to be waived.
(C2500.J.1.0.1)
SUMMARY: The City is required to charge persons utilizing its facilities a fee for this
service. Second Harvest Food Bank is requesting the use of the Senior Citizen's Center
and is further requesting that all rental fees be waived.
ACTION: Approved waiver of fees for use of the Senior Citizen's Center by Second
Harvest Food Bank.
FISCAL IMPACT: The waiver of the rental fees for the Senior Citizen's Center would
result in the loss of $500.00 in revenue.
PURCHASES
3.18 Purchase fourteen (14) miscellaneous vehicles from Villa Ford per Bids No. 034-25
and 034-26. (C2500.K)
SUMMARY: Request to purchase the following vehicles from Villa Ford as indicated:
Ten (10) Black & White Ford Crown Victoria Police Sedans $235,724.70
One (1) Solid Color Ford Crown Victoria $ 22,572.55
Three (3) Ford Explorers $ 73,258.68
ACTION: Authorized the purchase of nine Black and White Police Sedans for the OPD
Traffic Division, one solid color Police Sedan for the Fire Department and three Ford
Explorers for the Detective Division in the amount of $308,983.38. Authorized the
accelerated purchase of a Black and White Police Sedan in the amount of $23,572.40 to
replace the vehicle which was damaged beyond the point of repair. Authorized the City
Manager to surplus the replaced vehicles at an auction.
NOTE: Mayor Murphy abstained on this item.
FISCAL IMPACT: There are sufficient funds in Account No. 720-5023-472102, Motor
Vehicle Replacement.
QUITCLAIM
3.19 Quitclaim all rights including any existing easements for public utility line purposes,
if any exist, over a small portion of property now being a part of the UCI Medical
Center - South side of the 5 Freeway, near Old Chapman Avenue. (D4000.0)
SUMMARY: Quitclaim any and all rights over a small area that has previously been
vacated for public use, which is adjacent and now part of the UCI Medical Center and is
located south of Chapman Avenue on the south side of the 5 Freeway, near Old Chapman
Avenue.
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to The
Regents of the University of California, a California Corporation for a small parcel
located generally South of Chapman Avenue and Southerly and adjacent to the 5
Freeway, near Old Chapman Avenue.
FISCAL IMP ACT: A $500.00 deposit has been collected to cover processing fees.
3.20 Quitclaim all rights including any existiug easements for public utility line purposes,
if any exist, over a small portion of property now being a part of the UCI Medical
Center - Southerly of Chapman Avenue on the south side ofthe 5 Freeway.
(D4000.0)
SUMMARY: Quitclaim any and all rights over a small area that has previously been
vacated for public use, which is adjacent and now part of the UCI Medical Center and is
located southerly of Chapman Avenue on the south side of the 5 Freeway.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to The
Regents of the University of California, a California Corporation for a small parcel
located generally South of Chapman Avenue and Southerly and adjacent to the 5
Freeway.
FISCAL IMP ACT: A $500.00 deposit has been collected to cover processing fees.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9829
Tape 817
(S4000.D.4)
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
Streets: The Plaza; Collins, from Main to Batavia; University, from Glassell to Orange;
Shaffer, from Moreland to Almond; Center, from Chapman to Almond; Atchison, from
Chapman to Maple
Discussion
Harry Thomas, Public Works Director, reviewed significant changes in this year's
request for special events closures.
The following members of the Old Towne business community expressed their concerns
about Sunday street closures and requested that the Orange County Mustang Club event
not be approved as the attendance at this event did not warrant street closure.
Jim Hathcock, 115 North Glassell Street
Dennis Caldwell, 201 East Chapman Avenue
Lisa Ackerman, 151 North Glassell Street
Carroll Johnson, 100 South Glassell Street
Joe Schulte, 109 South Glassell Street
Dan Jensen, 178 South Glassell Street
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
Frank Morales, 4945 East Westfield Court, Anaheim, spoke for the Orange County
Mustang Club. This would be the seventh year the club would be holding their event in
the Plaza. The smaller turnout for last year's event was attributed to its being held so
close to the Fourth of July holiday and they have moved the event to a different weekend
to promote attendance.
Councilmember Ambriz questioned the number of cars needed for a successful event and
asked if the Mustang club would consider an alternative site, suggesting maybe the
Lemon Street parking lot or a college parking lot.
Mr. Morales indicated they usually have 200 to 250 cars and expressed reluctance to
relocating the event this year due to the short amount of time left to re-advertise the
event.
Councilmember Coontz noted she was personally involved in another very successful car
show at the Plaza where she has helped in picking up trash to keep the Plaza clean; and
asked staff to assist the Mustang Club in finding another location.
Mayor Murphy noted this was not the first time he has heard concerns expressed by the
merchants and agreed an alternate location should be considered for the Mustang Club
event.
Mayor pro tern Cavecche spoke on issues relating to the annual International Street Faire,
including the age of the existing contract between the City and the International Street
Faire Committee and the amount of insurance coverage provided. She suggested the
Committee contract with an outside firm to handle post-event cleaning and dealing with
damages and other complaints.
Councilmember Ambriz asked that the times for the Treats III the Streets event be
reviewed.
Council also discussed the hours of closure necessary to prepare for an event in the Plaza
and the hours of the events themselves. Staff will review the time frames for closing
streets to determine if they can be closed for any shorter period of time.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSTAINED - Alvarez
ACTION: Approved Resolution 9829 with the removal of the Mustang Car Show, June
6, 2004. Staff was asked to assist the Orange County Mustang Club in relocating the
event.
Councilmember Alvarez abstained due to business interests in the Plaza area.
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 9830
(C2500.G)
A Resolution of the City Council of the City of Orange expressing appreciation to Linda
Boone, Economic Development Director and Assistant Executive Director of the Orange
Redevelopment Agency, and commending her for more than eight years of loyal and
dedicated service to the City of Orange.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.23 RESOLUTION NO. 9835
Tape 2157
(S4000.S.3.1.1)
A Resolution of the City Council of the City of Orange establishing limited parking on
Katella Avenue near its intersection with Harding Street.
Councilmember Alvarez asked for a report on this item.
City Attorney David De Berry stated that there have been up to 30 cars for sale parked in
this area on the weekends. There is a School District field near there, and the Police
Department has been receiving complaints from park users as well as residents about
parking. Current City ordinance prohibits parking cars on the streets for the purpose of
sale, but similar ordinances in other jurisdictions have been challenged and most people
do not realize that this is illegal until they get a ticket. This resolution limits parking time
in this area to two hours. The ordinance that will follow will eliminate all references to
time and allow Council and staff to set appropriate parking time limits to accommodate
residential and recreational use.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
REPORTS
3.24 Report on the Citywide Street Light System Master Plan.
(S4000.S.3.10)
SUMMARY: The Street Light Master Plan provides an inventory of existing street
lights, examines maintenance practices and makes recommendations for future street
light installation.
ACTION: Received and filed report.
FISCAL IMP ACT: None
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CITY COUNCIL MINUTES
February 24, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.8, 3.21, and 3.23 were removed and heard separately. Mayor Murphy abstained on Item
3.18. Councilmember Alvarez abstained on Item 3.21. All other items were approved as
recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCIL MEMBERS -
Off Agenda Items
Mayor pro tem Cavecche reported on the disbanding of the Red Fire Ant Authority, an action
which will eventually have an impact on City parks. The action was taken by Orange County
Vector Control due to lack of funding.
Councilmember Coontz asked for a presentation by the Library Foundation at the next Council
meeting.
Councilmember Alvarez, the City's representative to the Transportation Corridor Agency
reported on an upcoming vote on merger of the Foothill Eastern and the San Joaquin Corridor
Agencies and will be briefing Council prior to the action scheduled in April.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
8.1
Fiscal Year 2003-2004 Mid Year Budget Adjustments
(C2500.J.1.1)
SUMMARY: An appropriation is being requested from unappropriated General Fund reserves
for an increase in the Community Services budget for Recreation classes; in the Community
Development budget for a consultant contract for Planning Commission minutes and for code
enforcement staffing; and in the Worker's Compensation Fund due to unanticipated expenses for
workers compensation claims and settlements.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
February 24,2004
8. REPORTS FROM CITY MANAGER (Continued)
ACTION: I) Appropriated $28,201 from unappropriated General Fund reserves to account 100-
7011-426700 (Leisure Services - Professional Consulting) and amended the revenue budget in
the amount of$28,201 in account 100-7001-275400;
2) Appropriated $10,000 from unappropriated General Fund reserves to account 100-6032-
411102 (Code Enforcement - Regular Salaries);
3) Appropriated $5,000 from unappropriated General Fund reserves to account 100-6022-
426700 (Planning Commission - Professional Consulting); and
4) Appropriated $300,000 from Fund 730 (Workers Compensation) to account 730-1412-
432100 to pay for additional unexpected medical costs due to industrial injuries and settlements
for FY 2003-04.
FISCAL IMPACT: Sufficient funds are available in the Workers Compensation Fund (Fund
730) and in unappropriated General Fund reserves to cover these appropriations. The
Community Services Department appropriation will be offset by revenue, so there is no impact
on the General Fund for that appropriation.
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 4-04 (SECOND READING)
(A2100.0 AGR-4423)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and Orange City Mills Limited Partnership, a Delaware Limited
Partnership, for approval of the phased expansion of The Block at Orange on property generally
located west of The City Drive between Chapman Avenue and Metropolitan Drive.
Applicant: Orange City Mills Limited Partnership
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 4-04 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's Negotiator: Personnel Director Steven Pham
Employee Organizations: Orange City Firefighters Association
Orange Fire Management Association
Orange Police Association
Orange Police Management Association
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CITY COUNCIL MINUTES
February 24, 2004
11. RECESS TO CLOSED SESSION (Continued)
b. Public Employee Recruitment pursuant to Government Code Section 54957
Title: Finance Director
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
PRESENTATIONS - A Proclamation was presented to Bob Tunstall, honoring him for his
service to the City of Orange and wishing him well as he begins a new position with the County
of Orange. The Council thanked Bob for his friendship, guidance and service to the community
of Orange.
12. PUBLIC COMMENTS
Tom Schwabauer, address on file, spoke on Measure A.
13.
PUBLIC HEARINGS
Tape 3135
13.1 PARKING AND STORAGE OF RECREATIONAL VEHICLES
The public hearing to consider a proposal to amend various sections of the Orange Municipal
Code in order to provide definitions and regulations for the parking and storage of recreational
vehicles within the city limits was continued to this time from December 9. 2003.
Note: The public hearing is closed.
Council Ouestions
Brent Mullins, City Building Official, reviewed the actions of the City Traffic Commission
which met to consider the parking of recreational vehicles (RVs) on City streets.
Councilmember Alvarez had questions concerning the grandfathering for RV owners who had
owned their RV prior to 1995; the reasons for the recommended setbacks; the number of curb
cuts that are in existence opposite driveways.
Mr. Mullins outlined the amortization plan proposed which would allow the RV owner to
demonstrate ownership prior to 1995 and would remain with that owner until the house was sold.
The three foot setback was chosen for pedestrian safety and visibility. Curb cuts opposite
driveways number in the hundreds.
Mayor pro tern Cavecche requested clarification of which definition of RV was to be used by the
City.
Mr. Mullins responded that Code Enforcement uses the definition found in the City's zoning
code; Police Traffic Officers issue tickets from California Vehicle Code.
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CITY COUNCIL MINUTES
February 24,2004
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz expressed concern about camping and transients living in RVs on the
streets; and asked whether permits are needed for paved pads adjacent to driveways.
City Attorney David De Berry agreed that the City's camping ordinance could be amended to
regulate camping on City streets.
Mr. Mullins indicated no permits are required for paved pads but they do need to meet City
standards.
Councilmember Ambriz observed that a missing piece of information was the cost of signage
throughout the City for whatever restrictions are imposed. He also expressed concern on the
effect of the proposed parking restriction between the hours of 2:00 am and 6:00 am; emergency
vehicle access on narrow streets; and sight access near intersections.
Councilmember Coontz discussed the 72 hour parking limit from the Vehicle Code; that owners
move their vehicles a short distance and start a new 72 hour period.
Mr. De Berry responded that the provision in the Vehicle Code allows the City to meet the notice
requirement to tow vehicles.
Sgt Jeff Burton, Orange Police Department, explained the problems with enforcing the 72 hour
limit as a vehicle can sit for a while before the Police Department is even notified and then once
the vehicle is tagged, it is difficult to determine how far it has actually been moved.
Councilmember Alvarez expressed concern about disclosure to new homeowners on the issue of
grandfathering.
Mr. Mullins stressed that this would be part of the public education element; that the City would
work with real estate brokers on disclosure so that a purchaser would know that they do not
inherit the rights ofthe previous homeowner.
Councilmember Coontz asked about the Traffic Commission recommendation to limit RVs to 22
feet; and expressed concern about vehicles being parked close to driveway cuts and not in front
of the owner's residence.
Mr. Thomas stated 22 feet is the number used by a lot of other cities; and 22 feet has historically
been the length of a parking space when marked on the street.
Mayor Murphy announced that the Public Hearing was closed previously. However, with the
additional information from the Traffic Commission, he suggested opening the Public Hearing
again to only discuss on-street parking ofRVs.
MAYOR MURPHY REOPENED THE PUBLIC HEARING.
The following people spoke in favor of on street parking restrictions:
Reggie Mundekis, 2708 E. Wilson
Mel Vernon, Address on File
Dorthy Stewart, Address on File
Tape 4760
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CITY COUNCIL MINUTES
February 24, 2004
13. PUBLIC HEARINGS (Continued)
Dick Meadows, 444 N. Shattuck
Richard Drake, Address on File
Jim Owens, 163 S. Cypress
Des Nesbitt, 1088 N. Greengrove
Clayton Johnson, 1743 Yurok
Quentin Cassen, 1729 Yurok
The following people spoke in opposition to on-street parking restrictions:
William Kerfoot, 1773 Greengrove
Sandra Jean, Address on File
Jim Hamilton, 271 N. Sacramento
Trudy Hoyle, Address on File
Toni Carlton, 3106 Hillcrest
Grover Havens, 1308 E. Candlewood
Jack Hatton, 648 E. LaVeta
Lois Barke, Address on File
Mil Thornton, 1243 E. Trenton
Stephen Heilman, 1429 E. Oakmont
Steve Phillips, 2157 N. Diamond
Nan Gaisbauer, Address on File
Lois Oliver, Address on File
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Tape 2 -100
NOTE: COUNCIL RECESSED AT 8:45 P.M. AND RECONVENED AT 8:55 P.M.
On Street Parking
Council agreed there were traffic concerns with on-street parking and the Traffic Commission
recommendations would not resolve them. Council discussion resulted in the following issues being
given to staff to be addressed in an Ordinance for On-Street Parking:
. No on-street parking for RVs at all.
. Exception of 48 or 72 hours parking to load/unload RV in front of owners house only; with no
restriction as to what days this is permissible.
. Permit system for extended time parking.
. Fines for parking RVs on the street over the established limit.
. Living/camping in RVs.
. Signage requirements for restrictions.
. Extended stay parking ofRVs - up to 7 days for visitors or to work on vehicle.
. Include all zoning areas in this Ordinance.
. Definition ofRVs - whether by size or usage.
. Prohibit parking RVs near intersections.
. Restrictions for unattached trailers and boats.
. Education program.
. Enforcement program
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CITY COUNCIL MINUTES
February 24, 2004
13. PUBLIC HEARINGS (Continued)
On-Site Parking
Mayor pro tem Cavecche suggested an amortization program if an RV was owned prior to 1995;
otherwise she proposed that the current Ordinance, which was adopted in 1995, remain in effect and
be enforced; and she did not support the proposed Ordinance recommended by the Planning
Commission.
Councilmember Alvarez noted, for the record, that he was opposed to people submitting pictures and
complaints of vehicles parked in neighborhoods other than their own.
Council discussion resulted in the following issues being given to staff to be addressed III an
Ordinance for On-Site Parking:
. Amortization program for owners who purchased RVs prior to 1995.
. No setbacks either from sidewalk or side yards.
. Allow RV parking in garages.
. Allow one RV per house visible from streetscape
. Education program.
. Effective date not necessarily 30 days after adoption - perhaps January 1, 2005.
. Enforcement program
Staff was directed to tentatively bring back the proposed Ordinances at the March 23, 2004 Council
Meeting, 4:30 p.m. Session, with Council to be briefed prior to that.
14. PLANNING AND ENVIRONMENT
15. ADJOURNMENT
The City Council adjourned at 10:10 p.m. in memory of Leland Minor. The next regular City
Council meeting is scheduled for March 9, 2004.
{/to a
MAR iRPHY-
ClTYCLERK
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