HomeMy WebLinkAbout2_24_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 9, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 24,2004
The City Council of the City of Orange, California convened on February 24, 2004 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Rick Zeiger, Orange Christian Assembly
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Cub Scout Pack 863, St. Norbert's School
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation on
the status of the Community Foundation of Orange, was given by Roger Hobbs, President.
To date the foundation has raised $800,000 in pledges and cash, in addition to
the $1 million from the County of Orange. Foundation Board Members attending the
meeting were introduced and special appreciation plaques were presented to Community Services
Director Gary Wann and Community Services Manager Gabe Garcia. Mayor
Murphy expressed appreciation to all members of the Foundation Board for their
involvement.Resolution No.
9826 was presented to Michael Surber of the Community Development Department, expressing
appreciation for his twenty-two years of loyal and dedicated service.
Employee
Service Awards were given to the following: Michael Starnes, Police Department,
Clark Smith, Public Works Department, Virginia Miscione, Community Services
Department, and Linnea Felthaus, Public Works Department (not present).Mayor
Murphy announced that the City Council would adjourn in memory of Orange resident,
Leland Minor.2.
PUBLIC COMMENTS - none PAGE 1
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council
Agenda of a Regular Meeting of February 24, 2004 at Orange Civic Center City
Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police
Facility at 1107 North Batavia and Shaffer Park; all of said locations being in the
City of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated February 5 and 12, 2004.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regnlar Meeting, February 10, 2004.
C2500.D.4)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.5 Receive and file the Treasurer's Report for the period ending January 31, 2004.
C2500.F)
ACTION:Received and filed.
AGREEMENTS
3.6 Sewer Service Agreement - Request by William and Kathryn Tovatt to connect their property
to City of Orange sewer. (A2100.0 AGR-4438)
SUMMARY: William and Kathryn Tovatt, owners of residential real property located at
10391 South Randall Street, in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Randall Street.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
PAGE 2
1...
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the connection request from William and Kathryn Tovatt and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalfofthe City.
FISCAL IMP ACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 An amendment to an existing professional service contract with a private building
plan check firm, CSG Consultants, Inc., to provide on-site plan checks, conduct
field inspections to determine compliance with City codes and related public
counter services for the Building Division. (A2100.0 AGR-3375.
C.l)SUMMARY: The goal of the Building Division is to provide quality
plan checking services at the public counter throughout the business day and timely
field inspections.The Department has been experiencing a staff shortage, which makes it difficult
to meet that goal. The amendment to the contract will augment existing staff with the use
of an on-site plan check consultant and a field inspector through the end of
the fiscal year.ACTION: Approved a request to amend an existing professional
service contract with CSG Consultants, Inc. not to exceed an additional $20,000, a total contract
for this fiscal year of $50,000; and authorized the Mayor and City Clerk to execute on
behalf
of the City.FISCAL IMPACT: For the balance of FY 2003-2004, $20,000
will be utilized from Building Inspection salary savings (transferred
to Account
100-6033-427800, Other Contractual Services).
REMOVED AND HEARD SEPARATELY) Tape 639 3.8 Agreement between the City of Orange and
Purkiss Rose-RSI for the design services for Grijalva Park at Santiago
Creek Master Plan Design Services, Request
for Proposal Number 034-17. (A2100.0 AGR-4439)SUMMARY: Approval
of the professional services agreement between the City and Purkiss Rose-RSI in an amount not
to exceed $77,035
for design services for the Grijalva Park Extension Master Plan.Councilmember Ambriz
questioned the
wide range of costs for this contract for professional services.Community Services
Director Gary Wann responded there was no clear explanation for the range of bids; that
some of the responses to the RFP were not competitive.In response
to questions from Councilmember Alvarez, Mr. Wann explained that the initial drawings presented
to Council were preliminary; that now that staff knows what
they have
CITY COUNCIL MINUTES February 24,2004
3. CONSENT CALENDAR (Continued)
Councilmember Coontz questioned the fact that no presentation had come before
Council, which would have allowed for additional discussion. She asked that staff
prepare a presentation for Council, including financial issues.
Mr. Wann indicated this issue was reviewed by the Park Planning and Development
Commission.
Councilmember Ambriz reminded staff of the importance of community input in the
development of this new facility.
MOTION - Ambriz SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved the
professional services agreement between the City and Purkiss Rose-RSI in
an amount not to exceed $77,035 for design services for the Grijalva Park Extension Master
Plan; and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.FISCAL IMP
ACT: Sufficient funds exist in the following account:551-7021-
481200-1606 (Gym/Sports Center)77,
035
BIDS 3.9 Bid No. 034-30, Eisenhower Park Renovations; Approval of
Plans and Specifications and Authorization to Advertise Bids. (C2500.M.
4.13)SUMMARY: Plans and specifications are being completed for the
Eisenhower Park.The project is ready to be advertised
for bid.ACTION: Approved plans and specifications and authorized advertising
for the Eisenhower
Park Improvements.FISCAL IMP ACT: Sufficient funds are available in the
following accounts:511-7021-485100-0092 (
Quimby
Funds -
Eisenhower Park
Improvements)
CDBG)
Proposition 12)
310-9645-
485100-0092
320-7021-485100-
0092 11,
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
3.10 Bid No. 034-37 Tot-Lot Equipment Replacements at EI Camino Real
and Santiago Hills Parks; Approval of Plans and Specifications and Authorize to
Advertise for Bids. (C2500.
M.4)SUMMARY: Plans and specifications are completed for the removal and
installation of the tot-lot equipment at EI Camino Real and Santiago Hills Parks, and the
project is ready to
advertise for bid.ACTION: Appropriated $25,000 in Waste Tire Playground Cover
Grant funds in account 550-7021-481200-0608 (EI Camino Real
Park); and amended the revenue budget in the amount of $25,000 in
account 550-7021-261500-0608 (EI Camino Real Park);approved plans and specifications
and authorized staff to advertise for the removal and installation of the tot-
lot equipment at EI Camino Real and Santiago Hills Parks.
FISCAL
IMP
ACT: Sufficient
funds exist
in the
following accounts:
Subtotal Total
22,535
65,680
25,000
113,
215
22,
215 65,680 87,
895 201,110 511-7021-
481200-0608 310-9645-481200-
0608
550-
7021-
481200-0608 EI Camino Real
Park)CDBG EI Camino
Real Park)Waste Tire Playground Cover Grant)Subtotal 320-7021-481200-0140 310-
9645-481200-0140 Santiago Hills Park Prop 12)CDBG Santiago Hills
Park)3.11 Bid
No. 034-36 Hart Park Bandshell and Pool House Restroom Renovations;approval
of Plans and Specifications; and Authorization to Advertise for Bids.C2500.M.4.9)
SUMMARY: Plans and specifications are being completed for the Hart Park Bandshell
and Pool House Restroom Renovations, and the project
is ready to advertise for bid.ACTION: Approved
plans and specifications
and authorized staff to advertise
for the Hart Park
Bandshell and
Pool House
RestroomRenovations.
FISCAL IMPACT: Funds
exist in the following account:511-7021-481200-0027 (Hart Park)320-7021-481200-0027 (
Proposition 12 Hart Park)310-9645-481200-0027 (CDBG Hart Park)
1,344 83,490 75.140 Total:159,974 3.
12 Bid No. 034-35, Community Development Block Grant (CDBG) - FY
2003/04, Hill Street, Walnut Avenue, and Palmyra Avenue SP-3454: Approval
of Plaus
and
Specificationsand
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
from Tustin Street to Park Lane, and Palmyra Avenue from Tustin Street to 1340 feet east
under the CDBG Program. The project is ready to be advertised. The estimated
construction cost for all streets is $424,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG - FY2003/04 Street Reconstruction Projects.FISCAL
IMP ACT: Funds for this program have been received from the State and are budgeted
in the Capital Improvement Program and are available in the following accounts:
310-
9645-
483300-
3219
310-9645-
483300-3026
310-9645-
483300-3019 72,
000 117,600
158,900 Hill
Street (CDBG)Walnut Ave (CDBG)
Palmyra Ave (CDBG)3.13 CLAIMS C3200.0)SUMMARY: The following claim(s)
have been received and investigated by the City Attorney's Office and/or the
Risk Manager. After a thorough investigation with the involved departments, it is the recommendation
of the City Attorney'
s Office that
the claim(s)
be denied.a. Amanda Lopez b. John Marchese ACTION: Denied Claim(s) for
damages
and referred to City Attorney and Adjuster.CONTRACTS 3.14 Award of Construction Contract
for Project No. S.P. 3455; Glassell Street Reconstruction from
Mayfair Avenue to
Collins Avenue, Bid No. 034-24.A2100.0 AGR-4440)SUMMARY: The bids were
opened on January 29,2004. Six (6) bidders responded to the request for public
bids. The apparent low bidder is R.J. Noble Company.ACTION: Awarded the contract in the
amount of $328,433.05 to R. J. Noble Company,15505 E. Lincoln Avenue,
Orange, CA 92865; and authorized the Mayor
and City Clerk to execute on behalf of the City.FISCAL IMPACT:
Funds are budgeted and are available in
the following
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
3.15 Award of Contract - Bid No. 034-21; Project No. D-147; Orange County
Sanitation District (OCSD) Cooperative Project - Whitecap Avenue Storm Drain
Improvements from Anchor Avenue to approximately 350 feet southerly on
Orange-Olive Road. (A2100.0
AGR-4441)SUMMARY: The bids were opened on February 5, 2004. Thirteen (
13) bidders responded to the invitation for bids. The apparent low bidder is
Mladen Grbavac Construction Company of Arcadia, CA for $340,810.00. The Engineer'
s Construction Estimate is $339,290.00, whichis 0.45% lower than
low bid.ACTION: 1) Awarded the contract in the amount of $340,810.00 to
Mladen Grbavac Construction Company and authorized the Mayor and City Clerk to execute on
behalf of the City; 2) Appropriated $105,261.00 from Drainage Districts Fund (530)
to Account No. 530-5011-483400-5337 to cover construction
cost shortfall; and 3) Appropriated 32,670.00 from Water Capital Projects (601)
to Account No. 601-
8041-483400-5337 to cover water relocation costs.FISCAL IMPACT: Funds are budgeted
and will be available upon
appropriation
in
the
following Capital Improvement
Program accounts:
601-8041-483400-5337 550-
5011-483400-
5337 530-5011-
483400-5337 Water
Capital Projects OCSD
Reimbursable Drainage Districts -
Whitecap
Ave.Total Funds 32,670.00 105,000.00 254,261.00 391,931.00 FACILITIES 3.16
Request to open and use the Main Library on Thursday evening, April
1, 2004,
for a community open house to provide an update on the Main Library
expansion.C2500.I)SUMMARY: City Council authorization is requested to open and use the Main Library from 7:00
to 8:30 p.m. on Thursday, April
I, 2004, for a community open house updating residents on progress of the Main Library expansion.ACTION:
Approved request to allow use of the Main Library from 7:00-8:30
p.m. on Thursday, April I, 2004, for a community open house on the Main Library
expansion.FISCAL IMPACT: The cost of 1.5 hours electrical power usage at the Main Library
is the only direct fiscal impact involved. Indirectly, a few staff members - e.g., the
Library Director and management team - will adjust their work schedules so they
can be
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
FEE WAIVER
3.17 Request for Senior Citizen's Center fee to be waived.C2500.J.1.0.1)
SUMMARY: The City is required to charge persons utilizing its facilities a fee for this
service. Second Harvest Food Bank is requesting the use of the Senior Citizen's Center
and is further requesting that all rental fees be waived.
ACTION: Approved waiver of fees for use of the Senior Citizen's Center by Second
Harvest Food Bank.
FISCAL IMPACT: The waiver of the rental fees for the Senior Citizen's Center would
result in the loss of $500.00 in revenue.
PURCHASES
3.18 Purchase fourteen (14) miscellaneous vehicles from Villa Ford per Bids No. 034-
25 and 034-26. (
C2500.K)SUMMARY: Request to purchase the following vehicles from Villa Ford
as indicated:Ten (10) Black & White Ford Crown Victoria Police Sedans $235,
724.70 One (1) Solid Color Ford Crown Victoria $ 22,
572.55 Three (3) Ford Explorers $ 73,
258.68 ACTION: Authorized the purchase of nine Black and White Police Sedans for
the OPD Traffic Division, one solid color Police Sedan for the Fire Department and
three Ford Explorers for the Detective Division in the amount of $308,983.38.
Authorized the accelerated purchase of a Black and White Police Sedan in the amount of $23,572.
40 to replace the vehicle which was damaged beyond the point of repair. Authorized
the City Manager to surplus the replaced vehicles at
an auction.NOTE: Mayor Murphy abstained on
this item.FISCAL IMPACT: There are sufficient funds in Account No.
720-5023-
472102,
Motor Vehicle Replacement.QUITCLAIM 3.19 Quitclaim all rights including any existing easements for
public utility line purposes,if any exist, over a small portion of property now being a part
of the UCI Medical Center - South side of the 5 Freeway, near Old Chapman
Avenue. (D4000.0)SUMMARY: Quitclaim any and all rights over a small area that
has previously been vacated for public use, which is adjacent and now part of the UCI Medical
Center and is located south of Chapman Avenue on the south side of the 5 Freeway,
near
Old Chapman
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to The
Regents of the University of California, a California Corporation for a small parcel
located generally South of Chapman Avenue and Southerly and adjacent to the 5
Freeway, near Old Chapman Avenue.
FISCAL IMP ACT: A $500.00 deposit has been collected to cover processing fees.
3.20 Quitclaim all rights including any existiug easements for public utility line purposes,
if any exist, over a small portion of property now being a part of the UCI Medical
Center - Southerly of Chapman Avenue on the south side ofthe 5 Freeway.D4000.
0)SUMMARY:
Quitclaim any and all rights over a small area that has previously been vacated
for public use, which is adjacent and now part of the UCI Medical Center and is located
southerly of Chapman Avenue on the south side of the 5 Freeway.ACTION:
Authorized the Mayor and City Clerk to execute a Quitclaim Deed to The Regents
of the University of California, a California Corporation for a small parcel located
generally South of Chapman Avenue and Southerly and adjacent to the 5 Freeway.
FISCAL
IMP ACT: A $500.00 deposit has been collected to cover processing fees.RESOLUTIONS
REMOVED
AND HEARD SEPARATELY)3.
21 RESOLUTION NO. 9829 Tape
817 S4000.
D.4)A
Resolution of the City Council of the City of Orange temporarily closing sections of public
streets for approved special events.Streets:
The Plaza; Collins, from Main to Batavia; University, from Glassell to Orange;Shaffer,
from Moreland to Almond; Center, from Chapman to Almond; Atchison, from Chapman
to Maple Discussion
Harry
Thomas, Public Works Director, reviewed significant changes in this year's request
for special events closures.The
following members of the Old Towne business community expressed their concerns about
Sunday street closures and requested that the Orange County Mustang Club event not
be approved as the attendance at this event did not warrant street closure.Jim
Hathcock, 115 North Glassell Street Dennis
Caldwell, 201 East Chapman Avenue Lisa
Ackerman, 151 North Glassell Street Carroll
Johnson, 100 South Glassell Street Joe
Schulte, 109 South Glassell Street Dan
Jensen, 178 South Glassell Street PAGE
9 J
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
Frank Morales, 4945 East Westfield Court, Anaheim, spoke for the Orange County
Mustang Club. This would be the seventh year the club would be holding their event in
the Plaza. The smaller turnout for last year's event was attributed to its being held so
close to the Fourth of July holiday and they have moved the event to a different weekend
to promote attendance.
Councilmember Ambriz questioned the number of cars needed for a successful event and
asked if the Mustang club would consider an alternative site, suggesting maybe the
Lemon Street parking lot or a college parking lot.
Mr. Morales indicated they usually have 200 to 250 cars and expressed reluctance to
relocating the event this year due to the short amount of time left to re-advertise
the
event.Councilmember Coontz noted she was personally involved in another very successful
car show at the Plaza where she has helped in picking up trash to keep the Plaza clean;
and asked staff to assist the Mustang Club in finding another
location.Mayor Murphy noted this was not the first time he has heard concerns expressed by
the merchants and agreed an alternate location should be considered for the Mustang
Club
event.Mayor pro tern Cavecche spoke on issues relating to the annual International Street
Faire,including the age of the existing contract between the City and the International
Street Faire Committee and the amount of insurance coverage provided. She suggested
the Committee contract with an outside firm to handle post-event cleaning and
dealing with damages and
other complaints.Councilmember Ambriz asked that the times for the Treats III the Streets
event
be reviewed.Council also discussed the hours of closure necessary to prepare for an event in
the Plaza and the hours of the events themselves. Staff will review the time frames
for closing streets to determine if they can be closed for any shorter period
of time.MOTION -
Cavecche SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSTAINED -
Alvarez ACTION: Approved
Resolution 9829 with the removal of the Mustang Car Show, June 6, 2004.
Staff was asked to assist the Orange County Mustang Club in relocating the event.Councilmember
Alvarez
abstained due to business interests in the Plaza area.PAGE 10
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 9830 C2500.G)
A Resolution of the City Council of the City of Orange expressing appreciation to Linda
Boone, Economic Development Director and Assistant Executive Director of the Orange
Redevelopment Agency, and commending her for more than eight years of loyal and
dedicated service to the City of Orange.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
3.23 RESOLUTION NO. 9835
Tape 2157
S4000.S.3.1.1)
A Resolution of the City Council of the City of Orange establishing limited parking on
Katella Avenue near its intersection with Harding Street.
Councilmember Alvarez asked for a report on this item.
City Attorney David De Berry stated that there have been up to 30 cars for sale parked in
this area on the weekends. There is a School District field near there, and the Police
Department has been receiving complaints from park users as well as residents about
parking. Current City ordinance prohibits parking cars on the streets for the purpose of
sale, but similar ordinances in other jurisdictions have been challenged and most people
do not realize that this is illegal until they get a ticket. This resolution limits parking time
in this area to two hours. The ordinance that will follow will eliminate all references to
time and allow Council and staff to set appropriate parking time limits to accommodate
residential and recreational use.
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved.REPORTS
3.24
Report
on the Citywide Street Light System Master Plan.S4000.S.3.10)SUMMARY: The Street
Light Master Plan provides an inventory of existing street lights, examines maintenance
practices and makes recommendations for future street light installation.ACTION:
Received and
filed report.FISCAL IMP ACT:
None PAGE 11
CITY COUNCIL MINUTES February 24, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.8,
3.21, and 3.23 were removed and heard separately. Mayor Murphy abstained on Item 3.18. Councilmember
Alvarez abstained on Item 3.21. All other items were approved as recommended.END OF
CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY - None.5. REPORTS FROM COUNCIL
MEMBERS -Off Agenda Items Mayor pro
tem Cavecche reported
on the disbanding of the Red Fire Ant Authority, an action which will eventually have an
impact on City parks. The action was taken by Orange County Vector Control due to lack
of funding.Councilmember Coontz asked for a
presentation by the Library Foundation at the next Council meeting.Councilmember Alvarez, the City'
s
representative to the Transportation Corridor Agency reported on an upcoming vote
on merger of the Foothill Eastern and the San Joaquin Corridor Agencies and will be briefing
Council prior to the action scheduled in April.6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER 8.1
Fiscal Year 2003-2004 Mid
Year Budget Adjustments C2500.J.1.1)SUMMARY: An appropriation is beingrequested
from unappropriated General Fund reserves for an increase in the Community
Services budget for Recreation classes; in the Community Development budget for a consultant contract
for Planning Commission minutes and for code enforcement staffing; and in the Worker'
s Compensation Fund due to unanticipated expenses for workers compensation claims and settlements.MOTION -
Ambriz SECOND - Coontz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche PAGE
12
CITY COUNCIL MINUTES February 24,2004
8. REPORTS FROM CITY MANAGER (Continued)
ACTION: I) Appropriated $28,201 from unappropriated General Fund reserves to account 100-
7011-426700 (Leisure Services - Professional Consulting) and amended the revenue budget in
the amount of$28,201 in account 100-
7001-275400;2) Appropriated $10,000 from unappropriated General Fund reserves to
account 100-6032-411102 (Code Enforcement -
Regular Salaries);3) Appropriated $5,000 from unappropriated General Fund reserves to
account 100-6022-426700 (Planning Commission - Professional
Consulting); and 4) Appropriated $300,000 from Fund 730 (Workers Compensation) to
account 730-1412-432100 to pay for additional unexpected medical costs due to industrial
injuries and settlements
for FY 2003-04.FISCAL IMPACT: Sufficient funds are available in the
Workers Compensation Fund (Fund 730) and in unappropriated General Fund reserves to
cover these appropriations. The Community Services Department appropriation will be offset by revenue, so
there is no impact on the General
Fund for that
appropriation.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 4-04 (
SECOND READING)A2100.0 AGR-4423)An Ordinance of the City Council of the City of
Orange approving a Development Agreement by and between the City of Orange and Orange City
Mills Limited Partnership, a Delaware Limited Partnership, for approval of the phased expansion of The
Block at Orange on property generally located west of The City Drive
between Chapman Avenue and Metropolitan Drive.
Applicant: Orange City
Mills Limited Partnership
MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 4-04 be read by title only and same was approved
and adopted
by the preceding vote.10. RECESS TO THE MEETING OF
THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The City Council recessed at 6:00 p.m. to a Closed Session
for the following purposes:a. Conference with Labor Negotiator pursuant to Government
Code Section 54957.6 City's Negotiator:
Personnel Director Steven Pham Employee Organizations:
Orange City Firefighters Association
Orange Fire Management
Association Orange Police Association
Orange Police
CITY COUNCIL MINUTES February 24, 2004
11. RECESS TO CLOSED SESSION (Continued)
b. Public Employee Recruitment pursuant to Government Code Section 54957
Title: Finance Director
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
PRESENTATIONS - A Proclamation was presented to Bob Tunstall, honoring him for his service
to the City of Orange and wishing him well as he begins a new position with the County of
Orange. The Council thanked Bob for his friendship, guidance and service to the community of
Orange.12.
PUBLIC COMMENTS Tom
Schwabauer, address on file, spoke on Measure A.13.
PUBLIC HEARINGS Tape 3135 13.
1 PARKING AND STORAGE OF RECREATIONAL VEHICLES The
public hearing to consider a proposal to amend various sections of the Orange Municipal Code
in order to provide definitions and regulations for the parking and storage of recreational vehicles
within the city limits was continued to this time from December 9. 2003.Note:
The public hearing is closed.Council
Ouestions Brent
Mullins, City Building Official, reviewed the actions of the City Traffic Commission which
met to consider the parking of recreational vehicles (RVs) on City streets.Councilmember
Alvarez had questions concerning the grandfathering for RV owners who had owned
their RV prior to 1995; the reasons for the recommended setbacks; the number of curb cuts
that are in existence opposite driveways.Mr.
Mullins outlined the amortization plan proposed which would allow the RV owner to demonstrate
ownership prior to 1995 and would remain with that owner until the house was sold.The
three foot setback was chosen for pedestrian safety and visibility. Curb cuts opposite driveways
number in the hundreds.Mayor
pro tern Cavecche requested clarification of which definition of RV was to be used by the City.
Mr.
Mullins responded that Code Enforcement uses the definition found in the City's zoning code;
Police Traffic Officers issue tickets from California Vehicle Code.PAGE
14
CITY COUNCIL MINUTES February 24,2004
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz expressed concern about camping and transients living in RVs on the
streets; and asked whether permits are needed for paved pads adjacent to driveways.
City Attorney David De Berry agreed that the City's camping ordinance could be amended to
regulate camping on City streets.
Mr. Mullins indicated no permits are required for paved pads but they do need to meet City
standards.
Councilmember Ambriz observed that a missing piece of information was the cost of signage
throughout the City for whatever restrictions are imposed. He also expressed concern on the
effect of the proposed parking restriction between the hours of 2:00 am and 6:00 am; emergency
vehicle access on narrow streets; and sight access near intersections.
Councilmember Coontz discussed the 72 hour parking limit from the Vehicle Code; that owners
move their vehicles a short distance and start a new 72 hour period.
Mr. De Berry responded that the provision in the Vehicle Code allows the City to meet the notice
requirement to tow vehicles.
Sgt Jeff Burton, Orange Police Department, explained the problems with enforcing the 72 hour
limit as a vehicle can sit for a while before the Police Department is even notified and then once
the vehicle is tagged, it is difficult to determine how far it has actually been moved.
Councilmember Alvarez expressed concern about disclosure to new homeowners on the issue of
grandfathering.
Mr. Mullins stressed that this would be part of the public education element; that the City would
work with real estate brokers on disclosure so that a purchaser would know that they do not
inherit the rights ofthe previous homeowner.
Councilmember Coontz asked about the Traffic Commission recommendation to limit RVs to 22
feet; and expressed concern about vehicles being parked close to driveway cuts and not in front
of the owner's residence.
Mr. Thomas stated 22 feet is the number used by a lot of other cities; and 22 feet has historically
been the length of a parking space when marked on the street.
Mayor Murphy announced that the Public Hearing was closed previously. However, with the
additional information from the Traffic Commission, he suggested opening the Public Hearing
again to only discuss on-street parking
ofRVs.MAYOR MURPHY REOPENED THE PUBLIC
HEARING.The following people spoke in favor of on street parking
restrictions:Reggie Mundekis, 2708 E.
Wilson Mel Vernon, Address on
File Dorthy Stewart, Address on
File Tape
4760 PAGE
15
CITY COUNCIL MINUTES February 24, 2004
13. PUBLIC HEARINGS (Continued)
Dick Meadows, 444 N. Shattuck
Richard Drake, Address on File
Jim Owens, 163 S. Cypress
Des Nesbitt, 1088 N. Greengrove
Clayton Johnson, 1743 Yurok
Quentin Cassen, 1729 Yurok
The following people spoke in opposition to on-street parking
restrictions:William Kerfoot, 1773
Greengrove Sandra Jean, Address on
File Jim Hamilton, 271 N.
Sacramento Trudy Hoyle, Address on
File Toni Carlton, 3106
Hillcrest Grover Havens, 1308 E.
Candlewood Jack Hatton, 648 E.
LaVeta Lois Barke, Address on
File Mil Thornton, 1243 E.
Trenton Stephen Heilman, 1429 E.
Oakmont Steve Phillips, 2157 N.
Diamond Nan Gaisbauer, Address on
File Lois Oliver, Address on
File MAYOR MURPHY CLOSED THE PUBLIC HEARING.Tape 2 -
100 NOTE: COUNCIL RECESSED AT 8:45 P.M. AND RECONVENED AT 8:55 P.
M.On Street
Parking Council agreed there were traffic concerns with on-street parking and the
Traffic Commission recommendations would not resolve them. Council discussion resulted in the following
issues being given to staff to be addressed in an Ordinance for
On-Street Parking:No on-street parking
for RVs at all.Exception of 48 or 72 hours parking to load/unload RV in front of owners
house only; with no restriction as to what
days this is permissible.Permit system
for extended time parking.Fines for parking RVs on the street
over the established limit.
Living/camping in RVs.
Signage requirements for restrictions.Extended stay parking ofRVs - up to 7 days for visitors or to
work on vehicle.Include all zoning areas
in this Ordinance.Definition ofRVs - whether by size
or usage.Prohibit parking RVs
near intersections.Restrictions for unattached trailers
and boats.
Education program.
Enforcement program
PAGE
16
CITY COUNCIL MINUTES February 24, 2004
13. PUBLIC HEARINGS (Continued)
On-Site
Parking Mayor pro tem Cavecche suggested an amortization program if an RV was owned prior to
1995;otherwise she proposed that the current Ordinance, which was adopted in 1995, remain in effect
and be enforced; and she did not support the proposed Ordinance recommended by the
Planning
Commission.Councilmember Alvarez noted, for the record, that he was opposed to people submitting pictures
and complaints of vehicles parked in neighborhoods other than their
own.Council discussion resulted in the following issues being given to staff to be addressed III
an Ordinance for On-
Site Parking:Amortization program for owners who purchased RVs prior
to 1995.No setbacks either from sidewalk or
side yards.Allow RV parking
in garages.Allow one RV per house visible
from streetscape
Education program.Effective date not necessarily 30 days after adoption - perhaps January 1,
2005.Enforcement
program Staff was directed to tentatively bring back the proposed Ordinances at the March 23, 2004
Council Meeting, 4:30 p.m. Session, with Council to be briefed prior to
that.14. PLANNING AND
ENVIRONMENT 15.
ADJOURNMENT The City Council adjourned at 10:10 p.m. in memory of Leland Minor. The next regular
City Council meeting is scheduled for March 9,
2004.to
a MAR
iRPHY-
ClTYCLERK PAGE
17