HomeMy WebLinkAbout2_14_2006 - Council MinutesADOPTED 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 thefinancial 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
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 - OtherProfessional 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
Department2.50 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,
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
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
Signal262-
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
Ridge82-1 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)
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,
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
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
tothe 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
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
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,
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
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.I .~
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f--,CITY
CLERK "",11
J.;. ~-;;f(;MAYOR