HomeMy WebLinkAbout2_28_2006 - Council MinutesI
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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 ServiceAwards 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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CITY COUNCIL MINUTES 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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CITY COUNCIL MINUTES February 28,2006
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
CITY COUNCIL MINUTES February 28,2006
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-
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CITY COUNCIL MINUTES February 28,2006
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
CITY COUNCIL MINUTES 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 $
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CITY COUNCIL MINUTES February 28, 2006
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 B38,300 550-5032-483100-
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(
CITY COUNCIL MINUTES February 28,2006
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
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CITY COUNCIL MINUTES February 28,2006
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 PAGE
CITY COUNCIL MINUTES February 28,2006
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 262Unallocated 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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CITY COUNCIL MINUTES February 28,2006
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
CITY COUNCIL MINUTES February 28,2006
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.PAGE
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CITY COUNCIL MINUTES February 28,2006
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.PAGE 13
CITY COUNCIL MINUTES February 28, 2006
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 Mondaythrough Friday 8 a.m. - 4 p.m., andSaturdays 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
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CITY COUNCIL MINUTES Febmary 28, 2006
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.PAGE
CITY COUNCIL MINUTES February 28,2006
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 PAGE
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.PAGE
18
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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 Ordinancewould 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 ordinancewill 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.PAGE 19
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.PAGE 20
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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.
m{:/!~~-iJMAYOR
f MARY EoMURPHY
CITY
CLERK PAGE
21