HomeMy WebLinkAbout6_28_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON JULY 12, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 28, 2005
The City Council of the City of Orange, California convened on June 28, 2005 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
I.I INVOCATION
Given by Irma Hernandez, Senior Assistant to the City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavecche, Dumitru None.1.
4
PRESENTATIONS; ANNOUNCEMENTS; INTRODUCTIONS Presentation of
Proclamation declaring July as Parks and Recreation Month and July 18 -
22 as National Aquatics Week.Presentation of Resolution
No. 9986 to Tom Steele of the Public Works Department.Presentation of Resolution
No. 9982 to Dennis Schmitz of the Public Works Department.Presentation of Resolution
No. 9976 to Harry W. Thomas of the Public Works Department.Presentation from
the
League of California Cities to Harry W. Thomas upon his retirement.Announcement - theCity
Council will adjourn in memory of Elmer Hewlett, lifelong resident of Orange andretired36yearemployeeoftheCityofOrangeWaterDivision.2.PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES June 28, 2005
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 June 2 and 9, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, June 14,2005.
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 May 31, 2005.
ACTION:Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and Orange Elderly Services, Inc. (OES), a
California non-profit corporation, for the administration of recreational,
cultural and social service programs for Senior Citizens at the Senior Citizens
Center.A2100.0 Agr-
0974.U)SUMMARY: Approval of an annual agreement in the amount of $249,000
with Orange Elderly Services, Inc. (OES) for the operation and administration
ofrecreational, cultural and social service programs for Senior Citizens at the Senior Citizens Center
for
FY 2005-06.ACTION: Approved the Agreement between the City and OES
and authorized the Mayor to execute, and the City Clerk to attest the Agreement on behalf
of the city.FISCAL IMPACT: Sufficient funds exist in Account
No. 100-7041-426700 (Contractual Services) in
the amount
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CITY COUNCIL MINUTES June 28,2005
3. CONSENT CALENDAR (Continued)
3.6 Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY 2005-2006. (A2100.0
Agr-4704)SUMMARY: The Reimbursement Agreement between the City and Agency
will create indebtedness which will enable the Agency to utilize tax increment revenue
instead of bond proceeds to pay for operational costs. This will free up bond proceeds for
loans
or projects.See ORA Minutes Item No.
3.4)ACTION: Approved the Reimbursement Agreement between the City of Orange
and the Orange Redevelopment Agency, and authorized the Mayor to execute, and the
City Clerk to attest, the Agreement on behalf of
the City.FISCAL IMP ACT: There is no net fiscal impact on either the City or
Agency budget.Interest paid by the Agency on the loan will be offset equally by interest earned
by the Agency on the loan proceeds. There are sufficient tax increment revenues
and other funds available to repay
this loan.3.7 Agreement between the County of Orange and the City of Orange for
Provision of Gang Prevention and Suppression Services. (A21 00.0
Agr-1853.M)SUMMARY: Since 1991, the City of Orange and the County of
Orange have entered into yearly agreements that have provided the City with the services
of a full-time Probation Officer specializing in gang prevention
and suppression. The Probation Officer works in conjunction with the Police Department's
Gang Unit to provide supervision and enforcement of court orders for minors and adults
on probation under the existing policy of the Orange County Probation Department
and Superior Court. The proposed Agreement is for the period July 1, 2005
through June 30, 2006.ACTION: Approved the Agreement between the County of Orange
and the City of Orange for provision of Gang Prevention and Suppression Services
in the amount of 97,293; and authorized the Mayor and City Clerk to execute on
behalf of the City.FISCAL IMP ACT: There are sufficient funds budgeted for
Fiscal Year 2005-2006 in Account
100-4032-
CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
3.8 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100.0 Agr-3559.
E)SUMMARY: The Orange Police Department Juvenile Diversion Program is
an alternative to formal processing of juvenile offenders who have exhibited personal
or family needs, which might better be rectified by intervention at the local level.
Services include: individual, small group, and family counseling; community service;
restitution;employment referrals; educational workshops; and other individualized responses
to specific problems. The Agreement is for the period July 1,2005 through June 30,
2006.ACTION: Approved the Agreement between the City of Orange and the Orange
County Bar Foundation, Inc. in the amount of $83,766; and authorized the Mayor and the
City Clerk to execute the Agreement on behalf of the
City.FISCAL IMP ACT: Funds are budgeted for fiscal year 2005-2006 in
Account 100-4031-427800 (
Detectives-Other Contractual Services).3.9 Agreement between the City of Orange and
California Forensic Phlebotomy, Inc.
A2100.0 Agr-1626.H)SUMMARY: California Forensic Phlebotomy, Inc. (
CFP) conducts and analyzes blood,breath and urine evidence for the Police Department. The
proposed Agreement is for the period July 1,
2005 through June 30, 2006.ACTION: Approved the Consultant Services Agreement between
the City of Orange and CFP in an amount not to exceed $46,000 and authorized the Mayor
and the City Clerk to execute the agreement
on behalf of the City.FISCAL IMPACT: Funds are budgeted for FY
2005-2006 in the following accounts:100-
4031-426700 (Detectives-Other Professional & Consulting Services) $
18,000 100-4041-426700 (Traffic-Other Professional & Consulting Services) $28,
000 3.10 Employment Agreement for the City Attorney. (A2100.0 Agr-4705)SUMMARY:
In the event the City Attorney were terminated, this is an agreement in which the City
is obligated to pay the City Attorney an aggregate severance sum equal to six months base salary
as of the date of termination, plus an amount equal to one month of base salary for
every two years of continued service with the City as the City
Attorney,not to exceed an aggregate severance sum of one
year in salary.NOTE: Councilmember Ambriz recorded a No vote on this
item.ACTION: Approved Agreement between the City and the City Attorney and
authorized the Mayor and City Clerk to execute on behalf of the city.FISCAL IMP
ACT: The agreement would result
in an
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CITY COUNCIL MINUTES June 28, 2005
3.
3.11
CONSENT CALENDAR (Continued)
Agreement between the City of Orange and VisionAIR, Inc. (A2100.0 Agr-3217.
D)SUMMARY: VisionAIR, Inc. is the vendor for the Police Department's
computer-aided dispatch and records management system (CAD/RMS). The
Consultant Services Agreement for software maintenance, for the period July 1, 2005 through June
30, 2006,will provide continued support and upgrade services for
these systems.ACTION: Approved the Consultant Services Agreement between the City of
Orange and VisionAIR, Inc. in the amount of $83,965.91 and authorized the Mayor and
the City Clerk to execute the agreement on behalf of
the City.FISCAL IMPACT: Funds are budgeted for Fiscal Year 2005-2006
in Account 100-4011-427800 (Administration-Other
Contractual Services) for this purpose.3.12 Amendment No.1 to Consultant Services Agreement No.
4629 with NBCE, Inc. for additional engineering and geotechnical services
for Meats Avenue from Cambridge Street to Tustin
Street. (A2100.0 Agr-4629.1)SUMMARY: Amendment No.1 will increase the scope
of work to be completed by NBCE, Inc. to include the geotechnical
pavement engineering study for Meats Avenue
from Cambridge Street to Tustin Street.ACTION: Approved Amendment No. 1
to the NBCE, Inc. Consultant Services Agreement and increase the contract amount by $6,
500 and authorized the Mayor and City Clerk to execute the
Amendment on behalf of the City.FISCAL IMPACT: Funds
are available in the following account:550-
5011-483300-3030 $6,500 Tustin/Meats Intersection Improvements 3.13 Renewal of the agreement
between Wittman Enterprises and the City of Orange for
EMT Transportation Program billing services. (A2100.0 Agr-2599.D)SUMMARY:
Wittman Enterprises is the current contractor for Fire Department EMT Transportation Program billing.
Their job is to collect the fees and charges generated when Fire Department
personnel treat and/or transport citizens to the hospital. The contract between Wittman and the City
of Orange is due to
expire August 31, 2005. The Fire Department is recommending renewal.ACTION: Authorized
the Mayor and City Clerk to execute a consultant
servIces agreement on behalf of the City and Wittman Enterprises.FISCAL
IMP ACT: Funds have been budgeted in the following accounts:
125-3015-426700 - Other Professional and Contractual Services - $90,000
100-3022-
CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
3.14 Renewal of the agreement between Berryman & Henigar, Inc. and the City of
Orange for Plan Checking services. (A21 00.0 Agr-3100.
D)SUMMARY: Approve a new Consultant Services Agreement between
Berryman &Henigar, Inc. and the City of Orange for Fire Department Plan Review Services in
an amount not to exceed $40,000. The Fire Department is requesting the
Consultant Agreement to provide for continued Fire Department Plan Review Services.
Plan Review fees paid for by the builder offset the costs for Plan Review
services.ACTION: Approved agreement with Berryman & Henigar for Plan Checking
services and authorized the Mayor and City Clerk to execute on behalf of the
city.FISCAL IMP ACT: Funds have been budgeted in the following accounts in FY
05-06:100-3012-427800 Other
Contractual Services $35,000 100-3012-426700 Other
Professional and Contractual Services $
5,000 REMOVED AND HEARD SEPARATELY)3.15 Police Towing and Storage Service Agreements
and
Fee Schedule. (A2100.0 Agr-4710-4716)SUMMARY: The Orange Police
Department uses private towing companies for the removal, storage and impound of
vehicles during the course of business. Individual companies are qualified according to the
Agreement and Department Order No. 66 and contracts are to be maintained pursuant
to Department Order. The language of existing agreements has been amended to revise provisions
and include an increase of towing and storage fees that providing
companies may charge for services. The contracted companies have not experienced an increase in
City of Orange authorized fees in nearly fifteen years. The proposed fees were
determined based upon a review and
comparison offeeagreements authorized in surrounding jurisdictions.Discussion - Mayor pro tem Cavecche requested
the Police Department provide a written report on why the City's numbers on abatement of
abandoned vehicles fees were so
low in comparison to other cities.Councilmember Dumitru asked if the City
considered operating its own impound facility.Police Captain, James Anderson responded that the
discussion has occurred on looking at impound fees on vehicles impounded over 30
days, especially
for
suspended
and
non-licensed
offenders.MOTION
SECOND AYES Cavecche Smith Smith, Ambriz,
Murphy, Cavecche,
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CITY COUNCIL MINUTES June 28, 2005
3.CONSENT CALENDAR (Continued)
Moved approval of Fee Schedule, effective July I, 2005; and authorized the Mayor and
the City Clerk to execute Agreements between the City and Tows R Russ; Taft Towing;
Farwest Towing, LLC; American All Star; Archies Towing, Inc.; Orange Towing; and
American European; on behalf of the City.
FISCAL IMP ACT: There is no fiscal impact for services provided for non-City
owned vehicles. The towing or storage of City owned vehicles operated by City employees
will be charged one-half the normal rate as listed on the Schedule
of Fees.3.16 First Amendment to Provider Services Agreement with U.S.
Healthworks Medical Group to conduct annual physicals through the end of fiscal year
2004/2005.A2100.0 Agr-
3134.B.l)SUMMARY: The Personnel Department utilizes U. S. Healthworks
Medical Group to conduct annual employee physical examinations and other
agreed upon work-related physicals. The proposed First Amendment will increase the
contract "not to exceed"amount from $30,000 to $50,000. This will enable the department
to pay for an unanticipated increased number of new pre-
employment physicals, and employee
fitness for duty physical examinations.ACTION: Appropriated $20,000 from the unreserved fund
balance of the General Fund to Account 100-1401-426400 (
Medical and Psychological Services); and approved First Amendment to agreement with U.
S. Healthworks Medical Group and authorized Mayor and City Clerk
to execute on behalf of the City.FISCAL IMP ACT: After appropriation,
sufficient funds will be available in Account 100-140l-
426400 (Medical and Psychological
Services) to fund increased expenditures.REMOVED AND HEARD SEPARATELY)3.17 Renewal of
Four Landscape Maintenance Service Contracts for Fiscal Year 2005-2006.A2100.0
Agr-3907.3, 2662.A.6, 2680.A.4, 4023.4)SUMMARY: The
City has four (4) separate contracts for landscape maintenance at City parks,
City facilities and public right-of-ways, assessment district areas, and water well sites. The term
of each contract is for one year, beginning and ending each fiscal year;and the
City has the option to exercise contract renewals each fiscal year through 2006.As
such, staff is recommending that all four
contracts be extended one year, beginning July I, 2005 through June
30, 2006.Discussion - Councilmember Ambriz commented on the unprofessional attire he had observed being
worn by the Soto Company employees. He also observed a worker from that
company smoking while working at a playground. For these reasons he expressed that
he would
CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
Interim City Manager, John Sibley responded that the Community Services Department
staff will address the concerns.
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved approval of
Third Amendment to Landscape Maintenance Services Contract with Nieves Landscape, Inc.
in the amount of $208,621.18; Fourth Amendmentto Landscape Maintenance Services Contract
with Pinnacle Landscape Company in the amount of 153,892.79;
and, Fourth Amendment to Landscape Maintenance Services Contract with Azteca Landscape in
the amount of$71,826.77.MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche NOES -
Ambriz, Dumitru Moved approval of
Sixth Amendment to Landscape
Maintenance Services Contract with the Soto Company in the amount of $
306,620.21;FISCAL IMP ACT: Sufficient funds exist in
the following accounts:100-7022-424301 (Landscape Maintenance): $105,753.
35 100-7022-427100 (Landscape Maintenance):
306,620.21 262-5021-424301 (
Landscape Maintenance): 45,525.25 290-
7025-424301 (Landscape Maintenance): 4,529.
62 291-7026-424301 (Landscape Maintenance):
193,738.15 293-7024-424301 (
Landscape Maintenance): 7,765.06 540-
7022-424301 (Landscape Maintenance): 5,202.
54 600-804l-424301 (
Landscape Maintenance): 71.826.77 Total: $740,960.95 3.18 Employment agreement
with Interim City Manager John Sibley. A2100.0 Agr-4707)SUMMARY: The City
Council has appointed John Sibley as the Interim City Manager.This agreement would cover
Mr. Sibley's employment
terms during the period he serves as Interim City Manager.
ACTION: Approved Agreement for Employment of Interim City Manager and authorized the Mayor
and City Clerk to execute; and authorized Finance Department to transfer necessary
funds from the Non-Departmental Activity's budget to
the City
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CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funds are budgeted in the Non-Departmental Activity'
s budget to fund the increases for fiscal years 2004-05 and 2005-06. The
estimated cost of the contract is approximately $1,363 per month in salary and $1,875
in
total benefits.BIDS 3.19 Bid No. 056-02; Approval of plans and specifications
and request authorization to advertise for bids for construction of
Community Development Block Grant CDBG) Project - Palm Avenue Reconstruction from Batavia
Street to Cypress Street (SP-
3503). (S4000.S.7)SUMMARY: Plans and specifications have been completed
for the reconstruction of Palm Avenue from Batavia Street to Cypress Street under
the CDBG Program. The project is ready to be advertised. The estimated construction
cost is $359,500.ACTION: Approved plans and specifications and authorized advertising
for bids for the Palm Avenue Reconstruction from Batavia
Street to Cypress Street.FISCAL IMPACT: Funds are budgeted in the Capital
Improvement Program and are available
in the following account:310-9645-483300-
3029 $ 265,000 CDBG Palm Avenue Reconstruction 3.20 Proposal to approve specifications
and authorize advertising bids
for Well 22 Rehabilitation. (C2500.P.3)SUMMARY: Specifications have
been completed for Well 22 Rehabilitation. The Project is ready to be advertised for
bids. The preliminary
engineering cost estimate is 100,000.00.ACTION: Approved specifications
and authorized advertising
bids for the rehabilitation of Well 22.FISCAL IMP ACT: Funds are budgeted
and are available in the following
account:600-8011-484101-8214 $
100,000.00 Well Rehabilitation 3.21 CLAIMS (C3200.0)SUMMARY: The following
c1aim(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. Kellan Nuttal ACTION: Denied Claim(
s) for
CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.22 Award of Contract - Bid No. 045-50; SP-3505; Community Development
Block Grant (CDBG) - McPherson Road Reconstruction from Chapman Avenue to
Spring Street. (A2100.0 Agr-
4706)SUMMARY: The Bids were received and opened on June 2, 2005. Three
contractors responded to the invitation for bids. The apparent low bidder is All American
Asphalt,Inc. for $197,451. The low bid was deemed non-responsive. The Contract is
awarded to the second lowbidder, R.I. Noble Company for $214,
902.58.ACTION: 1) Transferred $23,846.71 from 310-9645-483400-
5326 (CDBG - Shaffer St.Storm Drain Improvements, Phase 3)
to 310-9645-483300-3033 (McPherson Rd.Reconstruction). 2) Transferred $11,
659.07 from 310-9645-483300-3219 (CDBG -
Hill St. Reconstruction) to 310-9645-483300-3033 (McPherson Rd. Reconstruction). 3)Awarded Contract - Bid No. 045-
50 inthe amount of $214,902.58 to the second low bidder, R.
I. Noble Company, 15505 E. Lincoln Ave., Orange, CA 92856 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: 310-9645-483300-3033 $233,505 (CDBG) FY
04-05 3.23 Final Acceptance of Bid No. 045-
25; SP-3500; City of Orange Police Facility Sergeant/Report Writing
Room Tenant Improvement and authorization to file Notice of Completion with
the County Recorder (No staff report required).SUMMARY: Bid No. 045-25; SP-
3500; City
of Orange Police Facility SergeantlReport Writing Room Tenant Improvement. The
contractor on said job was C.A. Granger Construction, Inc.ACTION:
Accepted public work improvements, authorized release of Hartford Fire Insurance Company of Connecticut, Bond No. 72BCSDA1691
in the amount of
72,
669.00 and authorize the Mayor and City Clerk to
execute the Notice of Completion.FISCAL IMP ACT: None.
FEES 3.24 Approval of Emergency Transportation Fee Changes. (C2500.H)SUMMARY:
Emergency Ground (transportation) Ambulance rates for Orange are consistent with those approved by the Orange
County Board of Supervisors. The Supervisors approved new
rates effective
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CITY COUNCIL MINUTES June 28, 2005
3.CONSENT CALENDAR (Continued)
ACTION: Approved the rate schedule for emergency (transportation) ambulance
services adopted by the Orange County Board of Supervisors on May 24, 2005 with an
effective date of July 1, 2005.
FISCAL IMPACT: The transportation fee changes will result in an approximate increase
of $232,283 in charges billed. However, due to annual reductions in Medicare and
Medicare HMO reimbursement limits, the City will not receive the entire amount in
revenue.
PURCHASES
3.25 Purchase of Fire Department uniforms and accessories from Gall's Uniform Center
through a cooperative purchasing agreement. (C2500.H)
SUMMARY: Authorize purchase of uniforms and accessories from Gall's Uniform
Center through a cooperative purchasing agreement in the amount of $40,000.
ACTION: Authorized purchase of Fire Department safety clothing from Gall's Uniform
Center in the amount of$40,000.
FISCAL IMP ACT: Sufficient funds are budgeted in the following account for FY 05-
06:100-3011-441300 (Uniforms and Other
Clothing) $40,000 3.26 Purchase Firefighter Safety Equipment through
a cooperative purchasing
agreement. (C2500.H)SUMMARY: This is a request that the City Council authorize
purchase of Firefighter Safety Equipment through a cooperative purchasing agreement in the amount
of$40,000.ACTION: Authorized the purchase of Firefighter Safety Equipment from
LN Curtis and Sons in the amount
of $40,000.FISCAL IMP ACT: Sufficient funds are budgeted in
the following accounts:lOO-3021-446500 (Fire Hose
Nozzles and Equipment) $16,000
100-3021-449400 (Safety Equipment) $
22,000 100-
3012-449400 (
CITY COUNCIL MINUTES June 28, 2005
3. CONSENT CALENDAR (Continued)
3.27 Approve the purchase of medical supplies for Paramedic/Transport Program for
Fiscal Year 2005/06. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of medical
supplies through a cooperative purchasing agreement in the amount of $118,500.
ACTION: Authorized purchase of medical supplies from Bound Tree Medical, LLC. in
the amount of $118,500 for Fiscal Year 2005/06.
FISCAL IMP ACT: Funds are budgeted in the following accounts:
100-3022-445100 Fire / Paramedic Medical Supplies $
73,500 125-3022-445100 Fire / Paramedic
Medical
Supplies $45,000 RESOLUTIONS 3.28 RESOLUTION
NO. 9978 (C2500.E)A Resolution of the City Council of the City of
Orange expressing deepest appreciation to David L. Rudat for over 33 years of commitment and service to
the City
of
Orange.
ACTION:
Approved.
MOTION SECOND
AYES Smith Cavecche Smith, Ambriz,
Murphy, Cavecche, Dumitru Items 3.15 and 3.17 were removed and heard
separately. Councilmember Ambriz recorded a No vote on Item 3.10. All other items on the Consent
Calendar were
approved as recommended.END
OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY 4.1 Appointments and Reappointments to the following
Boards,
Committees and
Commissions:Audit Committee
MOTION - Murphy SECOND -
Ambriz AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to reappoint Eric Woolery, David Sundstrom and Dwight Nakata to the Audit
Committee; terms to expire January 2007.
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CITY COUNCIL MINUTES June 28, 2005
4. REPORTS FROM MAYOR MURPHY (Continued)
Building Board of Appeals
MOTION - Murphy SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to reappoint
Jack Selman and Jim Brennan to the Building Board of Appeals; terms to expire June 30,
2007.Community Development Block
Grant Committee MOTION - Murphy SECOND -
Smith A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved to reappoint Fernando Rico and
Mary Ellen Manning; and appoint Antonia Castro as a permanent member, to the Community Development
Block Grant Committee; terms to expire June 30, 2007.Community Video AdvisoryBoardMOTION - Murphy
SECOND - Ambriz A YES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved
to reappoint Pat Buttress and Marcia Salley to
the Community Video Advisory Board;tern1S to expire June 30, 2007.Investment Advisory Committee
MOTION - Murphy SECOND - Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche,
Dumitru Moved to
reappoint Eric Inglett
and Harold Jackson to the Investment Advisory
Committee;terms to expire January 2007.5. REPORTS FROM COUNCILMEMBERS - None.Page 13
CITY COUNCIL MINUTES June 28, 2005
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.
1 Report from the City Attorney regarding sale of real property on Lewis Street and rescinding
a resolution which ordered the abandonment of a street easement over the property. (
A2100.0 Agr-4708)
SUMMARY: Resolution No. 9989 rescinds Resolution No. 4753 which was adopted in 1978.
Resolution No. 4753 purported to abandon a City easement for street and highway purposes over
Old Lewis Street. Several conditions required to make the abandonment effective were never
fulfilled. As a result, the property has been vacant for the past 27 years and as currently owned
and burdened, cannot be developed and remains burdened by the City's street easement.
City Office LP is seeking to purchase a portion of the property (approximately 4,805 square feet)
which was the subject of Resolution No. 4753 and to combine it with its adjoining property to
develop as a parking lot its nearby 33,000 square foot office building. Under the agreement, the
City would institute a condemnation action, if necessary, to condemn out the underlying property
owner of the 4,805 square feet, which appears to be a defunct corporation. The City would
become the owner of the subject property and then sell it to City Office LP for $96,100. The
driving force behind this agreement is the impact of the State Route 22 freeway widening on City
Office LP's existing parking, the Jack of development potential for the property due to ambiguity
of ownership and the lack of any useful City purpose for the property.
Discussion _ City Attorney, David DeBerry summarized the report. He responded to Mayor pro
tem Cavecche's comments on the need for a pedestrian crosswalk, indicating that the proposal to
develop a parking lot would require full review and approval and through this process the
crosswalk could be addressed.
RESOLUTION NO. 9989
A Resolution of the City Council of the City Orange Rescinding Resolution No. 4753 which
ordered the Vacation of a Street and Highway Easement over old Lewis Street near its
Intersection with State Route 22.
MOTION - Smith SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved approval of
Resolution No. 9989; and approved agreement for the Sale of Property to City Office LP
and authorized the Mayor and City Clerk to execute on behalf of the City.Page 14
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CITY COUNCIL MINUTES June 28, 2005
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Review of the Recreational Vehicle Ordinances. (A2500.0 Ord-
07-04)SUMMARY: At the May lO, 2005 City Council meeting, Mayor pro tern
Cavecche requested that staff bring back a status report on the implementation of the Recreational
Vehicle (RV)Ordinances that were adopted last year. Previously, staff did provide a 6-month
status report to the City Council through the City Manager's Office. That 6-month
report was in accordance with the request made by the City Council at the time of
adoption ofthe ordinances.Discussion - Assistant Planning Director, Stan Soo Hoo, reported on the impacts
of the RV ordinances in effect, stating that the Police Department, which enforces parking
violations in the public right-of-way, has reported no significant problems in
enforcement. In addition, he stated that the Community Development Department,
Code Enforcement Division enforces violations of the private property parking and storage of RV's and
has reported
no significant problems with enforcement.Mr. Soo Hoo stated that a common complaint is that there is a lack
of available commercial R V storage facilities in the City. He added that a private RV storage
facility is being constructed on North Batavia, with an additional
facility in the discussion stage.Mayor pro tem Cavecche stated that a six month review was required
as part of the 2004 Ordinance approvals. She commented on the positive impacts
that Ordinance No. 10-04 (street parking) has had on the City's RV issue; but expressed
concern with Ordinance No. 7-04 (private property parking) in that it lacks a suitable front
yard setback which has created problems. She expressed a desire for a setback standard similar
to the one in effect in 1995.Councilmember Dumitru asked if staff tracks which
part of the city the complaints are concentrated in, or ifit is a citywide problem. He
also inquired which type ofRV parking causes problems; and whether staffreceived calls
on persons living in their RV's.Mr. Soo Hoo responded that over 100 complaints
had been received immediately after the 2004 adoption of the ordinances, and they were generally
scattered throughout the city. He added that in 2005, 18 complaints had been received so far,
and were concentrated mostly in the southern,mid-section of the City. He stated that the
primary complaint is the location of parked RVs,followed by multiple RVs being parked on
a property and then people living in RVs.Councilmember Smith stated that the majority of calls
she receives are complaints on RV's; and expressed concern about the negative visual
impact of very large RVs being parked in neighborhoods. She suggested the reason
why the number of complaints have dropped is because of the Ordinance in place, that there
may not be anything Code Enforcement can do.She noted the effectiveness of the street parking
Ordinance, but suggested she would like to take another look
at the
CITY COUNCIL MINUTES June 28, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Speakers -Jan
Chomyn, OTP A President, Orange Street Tom
Loughrey, Orange Street Charles
Schroeder, Burly Avenue Dan
Slater, Pine Street Dorthy
Stewart, Grand Street Lois
Oliver, Address on File Toni
Carlton, Hillcrest Avenue Mil
Thornton, Trenton Avenue Mayor
pro tem Cavecche stated that she takes Municipal Code changes very seriously, but when the
ordinances were adopted in 2004, the setback requirement was changed at the last minute which
she thought was a mistake; and she still receives a lot of calls and complaints about RVs on
driveways.MOTION -
Murphy SECOND - Ambriz
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to receive and
file.8. REPORTS FROM CITY
MANAGER Interim City Manager, John
Sibley reported on:Community Services Summer programs
3rd of July celebration.
Summer concert series at
Hart Park.Mayor Murphy announced the
completion of the newly renovated field at Fred Kelly stadium.9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY Page 16
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I
CITY COUNCIL MINUTES June 28, 2005
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:55 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham and Personnel Manager Mike Harary
Employee Organizations: Orange Management Association;
Orange Maintenance & Crafts Employees' Association;
Orange Municipal Employees' Association; and
Water Employees Association.
b. 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.
12. ADJOURNMENT
The City Council adjourned at 6:30 p.m., in memory of Elmer Hewlett, to an Adjourned
Regular Meeting, Study Session, on June 28, 2005 at 7:00 p.m. in the Council Chambers to
review the revised Runoff Management Plan (ROMP) and environmental review for the
proposed Santiago Hills 11 and East Orange development proposal.
The next Regular Council Meeting is scheduled for July 12, 2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of June 28, 2005 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; and
I~vailable at the Civic Center City Clerk's Office.
td~~
MARY. HY ...
CITY CLERK
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