HomeMy WebLinkAbout8_23_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON SEPTEMBER 13,2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 23, 2005
The City Council of the City of Orange, California convened on August 23, 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
1.1 INVOCATION
Given by Pastor Tom Copple, Spirit & Truth Worship Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Smith, Ambriz, Murphy, Cavecche, Dumitru ABSENT -
None.1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Introduction of
Miss Orange 2006 Finalists. The Miss Orange Pageant will be held Saturday, September
24th.Presentation of
Resolution No. 9996 to Linn Felthaus of the Public Works Department Water Division
for more than 30 years of service to the City of Orange.Employee Service
Awards presented to Robert Eric Stuart, Fire Department, 20 Years;Jorge Chavez,
Police Department, 10 years; Dan Adams, Police Department, 15 years;and Ed
Pol liard, Police Department, 20 years.Mayor Murphy
announced the upcoming International Street Fair over the Labor Day weekend.Mayor
pro
tern Cavecche announced an OCT A public program - Extreme Traffic Makeover - to identify
and help alleviate the most congested traffic area in Orange County. Survey forms are
available at public counters.2.PUBLIC COMMENTS -Diane
Jansey, 511 Pageant Drive,
spoke on alleged problems at the Yorba Dog Park.Je'net Krietner, Second Harvest
Food Bank, spoke on the upcoming Orange Citywide Food Drive.PAGE 1
CITY COUNCIL MINUTES August 23, 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 August 2, 4, and II, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, August 9, 2005.
C2S00.D.4)
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 July 31, 2005.
C2S00.F)
ACTION:Approved.
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.5 Cooperative Agreement C-4-0940 between the Orange
County Transportation Authority (OCT A) and the City of Orange for improvements to the State
Route 22 Metropolitan Drive/The City Drive on and off-ramps and the
eastbound State Route 22 on-ramp at Tustin Avenue. (
A2IOO.0 Agr.-473S)SUMMARY: Cooperative Agreement C-4-0940 between
OCTA and the City of Orange has been prepared to establish
responsibilities for construction and funding of improvements to the State Route 22 Metropolitan
DriveIThe City Drive on and off-ramps and the eastbound SR-22 on-ramp
at Tustin Avenue as part of the capacity and operational improvements
OCTA is presently undertaking on State Route 22 (SR-22)between State Route 55 (SR-55)
in the City of Orange and Interstate 405 (1-405) in the Cities of Westminster
and Garden Grove. The City's share of the cost of the improvements will be $
3,280,807, comprised of Measure M funds, the value of the contribution of
a portionof Metropolitan Drive to be vacated, and City general funds.
Discussion - Councilmember Ambriz thanked the
City
CITY COUNCIL MINUTES August 23, 2005
3.CONSENT CALENDAR (Continued)
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MOTION - Ambriz SECOND -
Dumitru AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Cooperative Agreement C-4-0940 between OCT A and the City and authorize
the Mayor to execute and the City Clerk to attest said agreement on the City's behalf.
FISCAL
IMPACT: Funding for the project has been budgeted in FY 05-06 from the
following sources:
550-5011-483300-3127 CTFP-RIP (Measure M grant
funding) $1,636,420 550-5011-483300-3127 CTFP-
GMA 3 (Measure M grant funding)$ 375,
000 262-5011-483300-3127 Measure M Turnback $
1,000,000 550-5032-
483100-6017 CTFP-IIP (Measure
M grant funding) $ 163,927 272-5032-483100-6017 Gas Tax $ 48,000 TOT AL $3,
223,347 In addition, the agreement credits the City of Orange $800,000 for the value
of that portion of
Metropolitan Drive
that is to be
abandoned by the City as part of the realignment of Metropolitan Drive.
3.6 REMOVED AND HEARD SEPARATELY)First amendment to Agreement No. AGR 4401 with Cotton/
Bridges/Associates, a Division of P & D Consultants, to expand
the scope of work and budget of the comprehensive General Plan Update to
include
an Economic Development Element and expanded fiscal analysis of land use
focus areas. (A2100.0 Agr-4401.1)I SUMMARY: The City of Orange 2003-
2004 to 2009-2010 Capital Improvement Program includes the General Plan Update as Land Use Project
No. 9801. The proposed project involves a complete update of the City'
s 1989 General Plan, including the integration of the East Orange General Plan into a single,
comprehensive General Plan document. Preparation of an environmental impact report
for the updated General Plan is also included in the work effort. The Economic
Development Department has requested than an Economic Development Element be included in
the updated General Plan to ensure that an economic development strategy is integrated into
the City's long-range comprehensive planning efforts.To achieve a
more thorough understanding of the fiscal implications of potential land use changes
and their relationship to the Economic Development Element, the Economic Development Department has
also requested an expanded fiscal evaluation of these changes.Execution of the First Amendment to
the Agreement is
contingent
CITY COUNCIL MINUTES August 23, 2005
3. CONSENT CALENDAR (Continued)
Discussion - Councilmember Smith asked for a continuation of this item until after the General
Plan Study Session; and a formal briefing from staff to obtain an understanding for the
need to increase the allocation to the consultants preparing the General Plan update.Community
Development Director, Alice Angus indicated that the agreement is time sensitive
to allow preparation of an Economic Development Element to the General Plan, as well
as a more in-depth fiscal study of land use alternatives. She indieated that approval of
the amendment would bring the total cost of the contract to $1,071,022.00.
Councilmember Ambriz asked for the item to be continued and stated that the attachment to
the staff report was ditlicult to read.
Mayor pro tem Cavecche stated that she supported the item being eontinued for the purpose
of obtaining a detailed analysis of the benefits of an Economic Development Element.
Mayor Murphy stated his desire to include an Economic Development Element in the
General Plan. He indicated that the Element will address the business community in the
General Plan and the additional work with this amendment is highly important for a complete
General Plan.
Community Development Director, Alice Angus, responding to a question from
Councilmember Smith, indicated that this Element was at first looked upon as an optional
part of the General Plan, adding that not all General Plans have an Economic Development
Element. She added that as other studies occurred it became apparent that it needed to be an
integral part of the original plan.
MOTION - Smith SECOND -
Ambriz A YES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to continue
to the September 13, 2005 Council meeting and requested staff to provide a clearer copy
of the attachment.FISCAL IMPACT: The $
93,579.00 needed to cover the cost of the Economic Development Element is
available in account number 943-9800-485100-9801. The cost
to prepare the fiscal analysis is $106,150 (including a 10% contingency) of which
51,500 is already included in the original agreement with Cotton/Bridges/Associates.
The cost to prepare the Economic Development Element is $38,929 (including a 10%
contingency). Therefore, the net increase to prepare the Economic Development Element
and related fiscal analysis is $93,579.
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CITY COUNCIL MINUTES August 23, 2005
3. CONSENT CALENDAR (Confinued)
APPROPRIATIONS
3.7 Re-appropriation of the Anaheim Urban Area Security Initiative (UASI) Grant
for fiscal year 2005-06. (A2100.
0 Agr-4630)SUMMARY: The Anaheim UASI authorized a reimbursement grant
award that was approved by Council on February 8, 2005. This grant was originally set to
expire on June 30, 2005. Due to the lack of training available to UASI grantees,
the funding deadline has been extended through November 30, 2005. The City of Orange
Police has been authorized a reimbursement amount of $27,804 for Office
of Domestic Preparedness ODP) authorized WMD training. Funds provided through the grant will
be used to cover backfill and overtime costs associated with the attendance of
ODP
approved WMD courses.ACTION: 1) Appropriated $27,804 from the
General Fund 100-4081-429400-231 Police-Homeland Security-
Local Training; 2) Amended the FY 2005-06 Revenue Budget in the General Fund in the amount of $
27,804 to reflect
the receipt of the amount of the UASI Grant.FISCAL IMPACT: Because the
City of Orange was approved for a reimbursable grant award through the UASI Grant funds, there
will be no fiscal impact to the General
Fund.After appropriation, funds will be
available as follows:100-4081-
429400-2311 $27,804 Police-Homeland Security-Local Training 3.8 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. Willie B.
McFadden
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.CONTRACTS 3.9
Award of Public Project Contract - Bid No. 056-03 for Water Well
22 Rehabilitation to General Pump Co., Inc. of San Dimas, CA. (A2100.0
Agr-4736)SUMMARY: This contract authorizes the redevelopment of Water Well 22 to restore its
capacity and improve water
quality.
CITY COUNCIL MINUTES August 23, 2005
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $115,800.00 to General Pump Co., Inc.
and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
601-8011-484101-8214 Well Rehabilitation
125,000.00 3.10 Award of Public Project Contract - Bid No. 045-39, for the purchase
of a specialized piece of equipment to clean sewer lines and catch
basins from Municipal Maintenance Equipment. (
C2S00.M.3))SUMMARY: The purchase of this Vacuum Truck will allow the City
to clean and maintain catch basins and the
City sewer systems.ACTION: Awarded a contract in the amount of $248,150.11
to Municipal Maintenance Equipment, and authorized the Mayor and the City Clerk to execute on behalf
of the City.FISCAL IMP ACT: Sufficient funds are available in
the following account:220-5022-472101 Sanitation Motor
Vehicle Additions $248,150.11 3.11 Award a Public Project Confract - Bid No. 045-53, for
the purchase of a specialized piece of equipment to mount a jet router system for
cleaning sewer lines from
Villa Ford. (C2S00.M.3))SUMMARY: The purchase of this cab and chassis (Ford
F550) to mount a specialized piece of equipment is necessary for City crews
to maintain the sewer lines.ACTION: Authorized the purchase of one (1) Ford F-
550 truck and ESP Premium Care extended warranty from Villa Ford in the amount of $
28,002.69 and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMP ACT: Funds
are budgeted and available as follows:220-5022-
472101 Sanitation Motor Vehicle Additions 28,002.69 3.12 Award of Contract - Bid No. 045-48;
Project No. SP-3476; Fire Station 8 and Carver Pump
Station Project (Reservoir 6 Pump Station). (A2100.0 Agr-4740)SUMMARY: Bids for the
construction of the Fire Station 8 and Carver Pump Station project were received
and opened on July 12, 2005. Three eontractors responded to Notice Inviting Bids.
The low bidder is Gamut Construction Company
for a combined base bid of$3,303,997.00.ACTION: 1) Find and determine
that the bid of Gamut Construction Company, Inc. is in substantial compliance with
the Notice Inviting Bids for the project; 2) Award the contract in the amount of$
3,
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CITY COUNCIL MINUTES August 23, 2005
3.CONSENT CALENDAR (Continued)
Blvd., Montclair, CA 91763; 3) Approve fund transfer of $318,000 to Account No. 601-
8011-484201-8207 for Carver Pump Station construction from the
following sources:601-8011-484102-8228 $
135,000 Marywood Pump Station 601-8011-
484201-8924 90,000 Emergency Generator
Wanda/Collins 601-8041-484101-812093,000 Well 28 Construction 4) Approved
fund transfer of$I,405,832 from Account No. 500-3021-481105-
2977 (Fire Station 1) to Account No. 500-3011-481200-2681 for the Fire
Station 8 construction.FISCAL IMP ACT: After
the transfers, funds will be available in
the following accounts:500-3011-481200-
2671 $1,405,832
Fire Station 8 594-3011-481200-2681 1,660,000 Fire Station 8
601-8011-484201-8207 538,000 Carver Pump
Station Total $3,603,832 3.13 Award of Annual
Emergency Response Services Contract for traffic signal and street lighting
maintenance services. (A21 00.0 Agr-4739)SUMMARY: This contract authorizes Republic Electric to
provide emergency response services for the City's traffic signals and street lights.
ACTION: Awarded a contract in the amount of $50,800 to Republic Electric and
authorized the Mayor and City Clerk
to execute
on behalf of the
City.FISCAL IMP ACT: Gas Tax funds are budgeted and available in
the following account:273-5032-427100-0000 Contractual Services $50,800.
00
3.14 REMOVED AND HEARD SEPARATELY)Award of Contract - Bid No. 056-05; SP-
3S26; Annual Service Contract for Concrete Replacement at Various Locations, Fiscal
Year 2005-
2006. (A2100.0 Agr-4741)SUMMARY: This project is part of the
annual street maintenance activitiesfor curb and gutter, cross gutter, driveway approach, and sidewalk replacement at various locations
City wide.Discussion - Councilmember Dumitru indicated that his
comments addressed items 3.14 and 3.15 - asking for information on
sources of funding in the future for thesc types of items if Measure
M funds are not renewed.Mr. Roger Hohnbaum, Interim Public Works Director, indicated that if
Measure M funds are not renewed, the only source for funding
concrete
CITY COUNCIL MINUTES August 23, 2005
3. CONSENT CALENDAR (Continued)
MOTION - Dumitru SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to award
a contract in the amount of $394,875.00 to Kalban, Inc. 9075 Glenoaks Blvd., Sun Valley,
CA 91352, and authorize the Mayor and the City Clerk to execute on behalf of the
City.FISCAL IMP ACT:
Funds are budgeted in the following accounts:262-5021-427100 (
Measure M - Contractual Services)262-5021-
483300-3120 (Measure M - Local Street Maintenance)
540-5028-481105-9607 (Old Towne
Parking Facility
Funds)197,
000 203,
000 15,000
415,000 Total:REMOVED
AND HEARD SEPARATELY)3.15 Concrete Overlay/Reconstruction at Various Locations,
Fiscal Year 2005-
2006.A2100.0 Agr-4742)SUMMARY: This project is part of the annual
street maintenance actJvltJes, and is designed to prolong pavement life of residential
streets by constructing asphalt concrete overlay
at various locations City wide.Discussion - See discussion
on Item 3.
14.MOTION - Dumitru
SECOND - Cavecche AYES - Smith, Ambriz, Murphy, Cavecche,
Dumitru Moved to 1) Transfer $200,000 from 262-5021-483300-3127 (
SR 22/City Drive Interchange Improvements) to 262-
5021-483300-3120 (Local Street Maintenance); 2)Award a contract in the amount of $985,719.
00 to RJ. Noble Company, 15505 Lincoln St., Orange, CA 92865, and authorize the Mayor and
the City Clerk
to execute on behalf of the City.FISCAL IMP ACT: Funds are budgeted and
will be
available
upon
transfer in thefollowing accounts:262-5021-483300-
3112 262-5021-483300-3120 Measure M - Arterial
Street Maintenance) $ 200,000
Measure
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CITY COUNCIL MINUTES August 23,2005
3. CONSENT CALENDAR (Continued)
3.16 Mills Act Contract No. MAC-114.0-0S, (Historic
Property Preservation Agreements). (A2100.
0 Agr-4743)SUMMARY: A proposal to approve Mills Act Contract for
a historic, single-family residence located within the Old Townc Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the minimum 10 year) term ofthis contract total $74,300. Location:
333 N. Shaffer Street.ACTION: Approved a Mills Act Contract (
Historic Property Preservation Agreement)between the City of Orange and the property owner, (
Application No. MAC-114.0-05),for the preservation, restoration and/or rehabilitation
of a qualified historic property in exchange
for a reduced property tax assessment.FISCAL IMP ACT: The City will incur a loss of
property tax of approximately $180 per year. An annual inspection fee will
cover ongoing administration costs associated with this program. The rehabilitation work
will generate additional revenues from building permit fees, and the local economy would
benefit from expanded work by
various
building contractors, and material suppliers.PURCHASES 3.17 Purchase of a sewer video system from
Municipal Maintenance Equipment on a
sole source basis. (C2S00.M.3)SUMMARY: This video system will assist
City crews perform maintenance of the
City's sewer system and catch-basins.ACTION: Authorized the purchase of a sewer
video inspection system to be mounted on the jet router truck from Municipal Maintenance Equipment
in the amount of $48,056.50.FISCAL IMP ACT: Sanitation funds are
budgeted and available in the following account:220-
5022-
472101 Sanitation Motor Vehicle Additions $48,056.50
RESOLUTIONS 3.18 RESOLUTION NO. 10001 (C2S00.J.3)A Resolution of the City Council of
the City of Orange approving and adopting the Final Disadvantaged Business
Enterprise (DB E) Program and Established Overall Annual DBE
Goal of
13%
CITY COUNCIL MINUTES August 23, 2005
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 10002 (S4000.0)
A Resolution of the City Council of the City of Orange temporarily closing Grand Street
from Chapman Avenue to Almond Avenue from 10:00 A.M. to 1:00 P.M. - Saturday,October
15, 2005; for an Open House at Orange Fire Station No. I ACTION:
Approved.SPECIAL
EVENTS 3.
20 Request for temporary suspension of permit parking restrictions within Chapman University
Permit Parking Area, (downtown area); temporary closure of the municipal
parking lot at Chapman Avenue and Lemon Street (Lot C); and temporary
street closures as determined necessary by the Police Department for duration
of a special event at Chapman University. (S4000.S.3.1.2.1)SUMMARY:
Chapman University will be hosting the 3'd Annual Madison Lecture featuring
The Honorable Antonin Scalia of the United States Supreme Court on August 29,
2005 between 2:00 p.m. - 8:00p.m.ACTION: Approved
the temporary suspension of permit parking restrictions within Chapman University
Permit Parking Area, (downtown area); temporary closure of the municipal parking
lot at Chapman Avenue and Lemon Street (Lot C); and temporary street closures
as determined necessary by the Police Department for duration of a special event at
Chapman University.FISCAL IMPACT:
None VOTING DELEGATE
REMOVED AND
HEARD SEPARATELY)3.21
Designate Mayor pro tem Cavecche as voting delegate for the City of Orange at the 2005 League
of California Cities Annual Conference, October 6 through October 8,2005 in
San Francisco. (No Staff Report required) (ORI800.0.12)Discussion - Councilmember
Ambriz asked what issues would be voted on at this conference and how
would they impact the City.City Manager, John
Sibley stated that his office has been requesting from the League of California Cities a
list of the resolutions to be voted on at the conference, but have not received it yet.
He added that once the list is received, Councilmember Cavecche would be directed by
Council on how to represent the City's views at the conference.Councilmember Cavecche indicated
her desire to bring the resolutions to the Council for a formal vote,
allowing her to represent the views of the entire Council.10
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CITY COUNCIL MINUTES August 23, 2005
3.CONSENT CALENDAR (Continued)
MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve;
staff was directed to bring the League of California Cities resolutions to Council for
formal action prior to the League conference.MOTION - Ambriz SECOND -
Dumitru AYES - Smith,
Ambriz, Murphy, Cavecche,
Dumitru Items 3.5, 3.6, 3.
14, 3.15 and 3.21 were removed and heard separately. All other items on the Consent Calendar were approved
as recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.
S. REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.
1 Annual Report from the Audit Committee
Chairman. (ORI800.0.27.17)This report summarizes the activities and accomplishments of
the Committee during the past fiscal year.Discussion - Committee Chairman, David Sundstrom, reviewed
the highlights
of theannual report.Mayor pro tern Cavecche thanked the committee members
and
indicated the committee's activities reinforces the Council's concern for the financial
health of the City.MOTION - Cavecche SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche,
Dumitru Moved to
receive and file.
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CITY COUNCIL MINUTES August 23,2005
7. ADMINISTRATIVE REPORTS
7.1 Report on Recommendations/Alternatives to Proposed Changes to Recreational
Vehicle Ordinance No. 7-04. (A2S00.0
Ord-07-04)SUMMARY: At the July 26,2005 City Council meeting, staff was directed to report
back to the City Council on recommendations and alternatives to amend
Recreational Vehicle Ordinance No. 7-04 with regard to prohibition of parking any recreational vehicle in
the front yard within 20 feet from the front property line, with four noted exemptions.
This report addresses the proposed changes and outlines the process for amending Ordinance
No. 7-04 if desired.Speakers - In opposition to changing
the current
RV Ordinance.Nan
Gaisbauer R.A.
Lagos-Tegeler
J ames
McQueen Cathy
McQueen Toni
Carlton Mil
Thornton Joseph
Mayfield Robert
Mayfield Dan
Graupensperger Lois
Barke Lois
Oliver Steven
Boelts Mike Merino Ron Frazier Speakers - in favor of changing the
current R V Ordinance.Janet
Crenshaw, representing
OTP A
Dorthy Stewart Dan Slater Discussion - Councilmember Dumitru stated he liked the changes
recommended by the Community Development Department to enable a more effective enforcement
of his original motion to require a 20-foot setback for parking of RV's
which
included four allowable cxemptions.On the request of Mayor Murphy, Community Development
Director, Alice Angus summarized the suggested exemptions
to the proposed Ordinance:Two-day loading provision be a consecutive two days
and eliminate restriction of
number of times per month;Limit visitor parking
to a combined seven days;If the RV is the resident'
s sole means of transportation;Residences that have made significant improvements
to the property relying
on
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CITY COUNCIL MINUTES August 23, 2005
7. ADMINISTRATIVE REPORTS (Continued)
She added that the proposed regulations do not change the definition of RV; that they would
allow an RV to be parked in the rear yard or side yard if screened; and confirmed there is a
proposed provision to make an exception for property owners who have made significant
improvements to their property based on the 2004 ordinance.
Councilmember Ambriz commented on the changes that have occurred to the sizc of driveways
over time; and stated that if this goes forward there could be as many as four ordinances in
effect. He added that it would be difficult to determine what constitutes a significant
improvement; and noted that this issue already has four departments expending time. He also
asked about renters rights under this ordinance.
City Attorney, David DeBerry explained that determining whether a substantial liability has been
incurred is required by State law. He added that whenever a zoning code is changed, if a
significant amount of money has been expended based on a prior zoning code, that use is
allowed to continue as a non-conforming use. He concluded that if a homeowner
provided proof of expenditure, they could be given the benefit of the
doubt.Community Development Director, Alice Angus explained that the language of the
new regulations explicitly states current occupant rather than owner. She added that to determine
the occupant, the department could use utility bills or mail. She added that the code
enforcement staff works on a complaint basis~once a complaint is received, an investigation is
initiated.In rcsponse to Council questions, Mr. DeBerry explained that posting of any new
regulations would only be required if they dealt with on-street parking, but that this issue
is specifically regarding off-street parking. He also explained that the City could not
require new businesses being granted Conditional Use Permits for the storage of RV's to give
priority
to Orange residents.Community Development Director, Alice Angus stated that in the industrial
zone, a conditional use permit is not required for
an RV-storage business.Mayor pro tern Cavecche stated that she believed in property rights, but
also believed that one person's use of their property can affect property values for the
neighborhood as well. She commented on the fact that some people have driven into other
neighborhoods to make code enforcement complaints in those other neighborhoods and asked about
a policy ofresponding to complaints that have only a direct affect on a neighbor. She
also
supported
CITY COUNCIL MINUTES August 23, 2005
7. ADMINISTRATIVE REPORTS (Continued)
Mr. DeBerry responded that code enforcement staff is required to investigate all violations, not
just those that would fall under the direct affect definition. It would be up to the Council to
initiate a policy that directs staff to respond to direct neighborhood complaints first before
responding to complaints from people outside an area. He explained that caller's names are not
given out to protect the caller from retaliation, but that anonymous calls are also taken.
Mayor Murphy indicated he would not support this item as the current ordinance has not been
given enough time to adequately be measured. He agreed he would like to see enforcement on a
neighborhood basis rather than a city-wide basis, in order to reflect neighborhood attitudes,
but was concerned about adopting any ordinance that was selectively
enforced.Councilmember Smith agreed this ordinance is worth another review, noting that it did
affect health, safety and welfare. This is just one component to property maintenance regulations
and that although it does affect property rights, it has to be fair and not negatively impact the
rights of a neighbor. A clean line of sight is also needed on a property, and it is a safety issue
when vision is restricted because of an RV parked on a driveway. She pointed out that
driveways were designed to allow residents to access their garages, and this is impeded if an RV is
parked in front of that garage. She thought this issue was worthy of another look and supported
the accommodation of those who have spent a lot of money to comply with the current
ordinance and those who can be
grandfathered.Mayor pro tem Cavecche stated she would like to pursue the direct affect
issue.MOTION - Dumitru
SECOND - Smith AYES -
Smith, Cavecche, Dumitru NOES - Ambriz,
Murphy Moved to amend
the Orange Municipal Code and direct staff to draft an Ordinance regarding the parking of recreation
vehicles and scnd to the Planning Commission on October 3,2005 for their review and recommendations
and then bring back to Council.8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS - None.
10. PUBLIC HEARINGS 10.1
ORDINANCE NO. II-
OS - REGULATING EXPIRATION OF CONDITIONAL USE PERMITS. (A2S00.0 ORD-
II-0S)The public hearing
to consider a proposal to amend the Orange Municipal Code regulating the expiration of Conditional
Use Permits, was continued to this time from August 9. 2005.14
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CITY COUNCIL MINUTES August 23, 2005
10. PUBLIC HEARINGS (Continued)
Community Development Director, Alice Angus gave the staff report indicating that currently a
Conditional Use Permit (CUP) expires in two years once a business ceases to operate. She stated
that in surveying other cities the general practice was a one-year expiration date. She added
that alcohol and wireless cell site uses would be given a six-month expiration date. She
reported that the Chamber of Commerce had no specific concerns with the provisions of this
ordinance
being enacted.MAYOR MURPHY OPENED THE
PUBLIC
HEARING Speakers Dan Slater, 278 N. Pine, spoke in support of tightening CUP proVIsIons
for
alcohol-related establishments.Marty Adair, 2390 American Way, spoke on the need to renew a CUP ifit has
been in existence
for many year.MAYOR MURPHY CLOSED
THE PUBLIC HEARING
Council Comments -Mayor pro tem Cavecche stated that the City of Orange is pro-business. She
added that this action would clean up old CUP's that had been granted with no conditions and
are now out-of-date; and clarified that CUP's are granted to the facility being used by
the business not the owner of the business. She explained the benefits from this
action regarding various scenarios,concluding that this will open up
opportunities for new businesses.In response to Councilmember Dumitru, the City Attorney explained that
to terminate a CUP after six months of non use, the City is required to hold a revocation hearing,
which begins at the Planning Commission with a recommendation to
Council for final action.Counci1member Smith indicated her support for this as it is good for growth. She
noted it is not an easy process, as she recalled only one revocation hearing during her
many years
on the Planning Commission.Councilmember Ambriz stated it was his impression that there would
be an ad-hoc committee formed through the Chamber of Commerce to address this issue, and
stated his desire to obtain feedback from the businesses in the City. He stated he would not
support the item without
input from the business community.Mayor Murphy indicated that becauseit takes two actions - a deadline and
a hearing, to revocate a permit, he would support the item. He asked that if a business goes dormant
but then a new owner starts to seek approval before any revocation action, the business
would
be
CITY COUNCIL MINUTES August 23, 2005
10. PUBLIC HEARINGS (Continued)
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru NOES - Ambriz Moved
to find the
proposed Ordinance categorically exempt from the provIsIOns of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines 15305 (Class 5 -Minor Alterations in Land Use
Limitations).ORDINANCE NO. 11-05 (FIRST
READING)An Ordinance of the
City Council of the City of Orange amending Section 17.10.030(1) of the Orange Municipal Code regulating
the expiration of conditional use permits.MOTION - Cavecche SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru NOES -
Ambriz Moved that Ordinance No. 11-
05 be read
by title only and same was set for second reading by the preceding vote; adding the clari fication
that a person who is starting a new business at a location being considered for revocation not lose
their CUP mid way through the process.11. RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION NOTE: The
Council did not recess.The
City Council will recess to a
Closed Session for the following purposes:a. 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.16
I
I
CITY COUNCIL MINUTES
13. ADJOURNMENT
August 23, 2005
The City Council adjourned at 6:55 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Planning Commission on August 23,2005 at 7:00 p.m. There is no 7:00 p.m. Session of
the August 23, 2005 City Council meeting. The next Regular Council meeting is scheduled for
September 13,2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of August 23, 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
available at the Civic Center City Clerk's Office.
Ih v
C- Ift(C~
C/t{?- _ _MA
MURPHY ITY
CLERK ,_ ~MARK
A. MURP MAYOR
17