HomeMy WebLinkAbout3_23_2004 - Council MinutesAPPROVED BY CITY COUNCIL ON APRIL 13, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 23, 2004
The City Council of the City of Orange, California convened on March 23,2004 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 Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Service Awards:Linda Morgan -
Finance; Doug Fackiner - Fire; Leola Lord - Police.Mayor's Award presentedto
Dolores Warabow, City of Orange Public Library Foundation donor, for her generous
donation of$5,000.Recognition given to City of
Orange Redevelopment Agency - recipients of 2004 California Redevelopment Association Award of Excellence,
Office/Commercial project;and to Dave Valentine for his
project on Main Street.Mayor Murphy announced - Community Forum on
Emergency Preparedness / Homeland Security on Wednesday, March 31 st at
7:00 p.m. in the
Council Chambers.Mayor Murphy announced - Recognition of Council member
Joanne Coontz as recipientof the Woman of the Year Award in
Assemblyman Bob Pacheco's District, for her outstanding work in the community.Mayor Murphy announced -
Recognition of Mayor pro tern
Carolyn Cavecche's election to the Orange County Transportation Authority's Board of
Directors.2. PUBLIC COMMENTS None.PAGE 1 r~-.-n
CITY COUNCIL MINUTES March 23, 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 March 23, 2004 at the Orange Civic Center in the
north facing kiosk, Orange 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; and
available at the Orange Civic Center City Clerk's Office and Main Library at 101
N. Center Street.
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 March 4 and 11, 2004 .
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, March 9, 2004 and
Adjourned Regular Meeting, March 16,2004. (C2500.D.4)
ACTION:Approved.
Note: Councilmember Cavecche abstained on this item as she was not present at the
March 9th meeting.
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 February 29, 2004.
C2500.F)
ACTION:Approved.
3. CONSENT CALENDAR (Continued)
PAGE 2
CITY COUNCIL MINUTES March 23, 2004
AGREEMENTS
3.6 Sewer Service Agreement - Request by John and Judith Matiasevich to connect their
property to City of Orange sewer. (A2100.0 AGR-4456)
SUMMARY: John and Judith Matiasevich, Trustees of the John P. Matiasevich Trust
U/T/D August 2, 1995, owners ofresidential real property located at 11192 South Meads
Avenue in an unincorporated area of the County of Orange, have requested to connect
their house sewer lateral to the City sewer main in Meads Avenue. They have executed a
Sewer Service Agreement with the City of Orange and request City Council approval.
ACTION: Approved the connection request from John and Judith Matiasevich and
authorized the Mayor and the City Clerk to execute this Agreement on behalf of the City.
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 Fiscal Year 2003 State Office of Homeland Security (OHS) Grant Program.
A2100.0 AGR-
4457)SUMMARY: The County of Orange received funding from the State OHS to
purchase first responder equipment for both Fire and Police. The value of this equipment
is 89,985.31. In order to receive this equipment, Council must approve an
agreement authorizing the County to make such a
transfer.ACTION: Approved agreement between the County of Orange and the City to accept
the transfer of equipment valued at $89,985.31 for use by the Fire and Police
Departments;and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMPACT: None. Equipment has been purchased by the County of Orange
with OHS grant
funds.3.8 Second Amendment to Agreement between the City of Orange and the
Orange County Conservation Corps. (A2100.0 AGR-
3962.2)SUMMARY: Second Amendment to Agreement for services between the
City and Orange County Conservation Corps. in an amount not to exceed $43,200
for restoration work at the
Santiago Creek.ACTION: Approved the second amendment to the agreement for services
between the City and Orange County Conservation Corps in an amount not to exceed $43,
200 for restoration work at the Santiago Creek; and authorized the Mayor and City
Clerk to execute the agreement on behalf of
the City.FISCAL IMP ACT: Sufficient funds are available in the
following account:550-7021-481105-0967 (
Santiago Creek
CITY COUNCIL MINUTES March 23, 2004
3. CONSENT CALENDAR (Continued)
3.9 Agreement between the City of Orange and LPA for the Gymnasium/Sports Center
Conceptual Design Services - Grijalva Park (Request for Proposal Number 034-17)
Continued from March 9. 2004. (A2100.0 AGR-
4447)SUMMARY: Approval of the professional services agreement between the City and
LPA in an amount not to exceed $55,000 for the Gymnasium/Sports Center Conceptual
Design
Services.ACTION: Approved the professional services agreement between the City and LPA
in an amount not to exceed $55,000 for the Gymnasium/Sports Center Conceptual
Design Services; and, authorized the Mayor and City Clerk to execute the agreement on behalf
of the
City.FISCAL IMPACT: Sufficient funds exist in the following
account:320-7021-481200-1606 (Gym/Sports Center
Prop. 12): $55,000
APPROPRIA nON OF FUNDS 3.10 Grijalva Park at Santiago CreekField Renovations (
C2S00.M.4.20)SUMMARY: Staff is proposing field renovations for three soccer
fields at Grijalva Park at Santiago Creek, beginning
April through June, 2004.ACTION: Approved appropriation transfer in the amount of $
40,000 from the following accounts
to
510-7021-
485100-0149 (
Grijalva Park):
Total:8,
000 22,000
10.000 40,
000 510-7021-485100-
0750 (Belmont Park):510-7021-481200-0121 (Shaffer Park):510-7021-481105-0607 (
EI Camino Park):FISCAL IMP ACT: After
the appropriation transfer, sufficient funds will exist in the following account: 510-
7021-485100-0149 (Grijalva Park): $40,000 3.11 Landscape Maintenance Services
for Downtown Parking Lots (P2S00.0.9)SUMMARY: It is recommended that the
City Council transfer an appropriation for landscape maintenance of the downtown parking lots
from the General Fund (Fund 100)to the Downtown Parking Lot Fund (540)
and approve an appropriation for additional
funding to
CITY COUNCIL MINUTES March 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Appropriated $1,206 to Account: 540-7022-424301 (
Downtown Public Parking Lot Landscaping) from the unreserved balance of the Old
Towne Parking
Facility Fund.Note: Councilmember Alvarez abstained due to property interest at 131
S. Glassell.FISCAL IMPACT: The cost for landscape maintenance of the downtown
parking lots is funded through downtown permit revenues, which are expected to fully cover
the cost of
the service.Note: Councilmember Alvarez abstained on
this
item.BIDS REMOVED AND
HEARD SEPARATELY)3.12 Project No. SP-3480; CDBG Project - Americans with
Disabilities Act ADA)Wheelchair Access Ramps at Various Locations, Fiscal
Year 2003-04.Approval of plans and specifications, and request for authorization
to advertise for bids. (S4000.
S.3.2)SUMMARY: Plans and specifications have been completed for
the ADA Wheelchair Access Ramps at Various Locations, Fiscal Year 2003-04 Project and
they are ready to advertise for bids. The estimated construction
cost is $140,000.Councilmember Coontz spoke about the need for wheelchair
access at Hart Park especially at the north entrance near Orange Street and commented
on the problem with the concrete stairs; and asked Public Works and Community Services
to work
together on this
issue.MOTION - Coontz
SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG ADA Wheelchair Access Ramps at Various Locations, Fiscal Year
2003-2004.FISCAL IMPACT: Funds are budgeted and are available in the
Capital Improvement Program in the following account: Community Development Block Grant (
CDBG) -ADA Improvements No. 310-9645-
483300-1328 $
CITY COUNCIL MINUTES March 23, 2004
3. CONSENT CALENDAR (Continued)
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. Bobby Tillman, Jr. (a minor)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PURCHASES
3.14 Purchase of one (1) New Elgin Compressed Natural Gas (CNG) Crosswind J Plus
Street Sweeper on a sole source basis. This is an add-on purchase with the City
of Lompoc, Bid No. 2236 and their (Lompoc) Purchase Order No. 252165
dated October 30, 2002. (S4000.S.3.1.
3)SUMMARY: This is a request that the City Council authorize purchase of an Elgin
CNG Crosswind J Plus Street Sweeper on a sole source basis in the amount of $196,145.
95.This is required due to the expansion of the City and Cal EPA Storm Water
Regulations.The CNG-powered vehicle is a requirement per the South Coast Air
Quality Management District "Rule 1196" regulating Heavy Duty Vehicles 14,000 and above
Gross Vehicle Weight (GVW) beginning July I, 2002 to use alternative fuel. The
Elgin Sweeper purchase was approved in the 2003/
04 budget.ACTION: Authorized purchase of one (I) Elgin CNG Crosswind J Plus
Street Sweeper from Haaker Equipment in the amount of$196,
145.95.FISCAL IMPACT: Sufficient funds are available in Account
No. 220-5022-472101,Motor Vehicle Additions. The City of Orange has been awarded a
Carl Moyer Grant in the amount of $6,000 towards the purchase of
a CNG-powered Street Sweeper.3.15 Purchase of Specialized Equipment to convert ten (
10) 2004 Crown Victoria Police Pursuit Vehicles (B&W) on a sole-source
basis and purchase ESP Premium Care 75,000 mile Warranty for the ten (10)
2004 Crown
Victoria Police Pursuit Vehicles.C2500.K)SUMMARY: This is a request that the
City Council authorize purchase of Specialized Equipment on a sole source basis in the amount of $44,
541.70 to accessorize ten (10)2004 Crown Victoria vehicles to Police Pursuit
Vehicles and authorize purchase of ESP Premium Care 75,000 mile Warranty for said
same ten (10) Crown Victoria Police Pursuit Vehicles
in the
CITY COUNCIL MINUTES March 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of Specialized Equipment from High Standard
Automotive in the amount of $44,541.70 and ESP Premium Care 75,000 mile Warranty
in the amount of$25,800 from Villa Ford. Total amount $70,341.70.
Note: Mayor Murphy abstained on this item.
FISCAL IMPACT: Sufficient funds are available in Account No. 720-
5023-472102,Motor
Vehicle
Replacement.RESOLUTIONS 3.16 RESOLUTION NO. 9848 (C2500.J.
4.4)A Resolution of the City Council of the City of Orange to begin paying and
reporting the value of Employer Paid Member Contributions to the Public
Employees' Retirement System for Employees covered by the Orange Maintenance and
Crafts Employees'Association Memorandum
of Understanding.
ACTION: Approved.3.17 RESOLUTION NO. 9849 (C2500.J.
4.5)A Resolution of the City Council of the City of Orange to begin paying and
reporting the value of Employer Paid Member Contributions to the Public
Employees' Retirement System for Employees covered by the Orange Municipal
Employees' Association Memorandum
of Understanding.
ACTION: Approved.3.18 RESOLUTION NO. 9850 (C2500.J.4.
4.1)A Resolution of the City Council of the City of Orange to begin paying and
reporting the value of Employer Paid Member Contributions to the Public
Employees' Retirement System for Employees covered by the Water Department
Employees' Association Memorandum
of Understanding.
ACTION: Approved.
CITY COUNCIL MINUTES March 23, 2004
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9851 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-01 adjusting lot lines of certain real property situated at 3741 W.
Chapman Avenue (Chapman Avenue Retail CenterlBest Buy) in the City of Orange, County
of Orange, State of
California.ACTION:
Approved.TRAFFIC
SAFETY 3.20 Request for the placement of a school crossing guard at the intersection of
Tustin Street and Meats Avenue. (S4000.S.3.
5)SUMMARY: The Orange Unified School District has requested the placement of
an adult crossing guard at the intersection of Tustin Street and Meats Avenue. The
City Traffic Commission reviewed the request and recommends approval of the
crossing
guard.ACTION: Approved the request and assign a school crossing guard at the intersection
of Tustin Street and Meats Avenue, to become effective with the 2004/05 school
year.FISCAL IMPACT: Funds will be available in Account No. 100-
4041-413102 (Traffic Services Part-Time Salaries) to cover the additional expense
of the crossing
guard.MOTION - Coontz
SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche Item 3.12 was removed and heard separately. Mayor pro tern Cavecche abstained
on Item 3.3. Councilmember Alvarez abstained on Item 3.11. Mayor Murphy abstained
on Item 3.15. All other items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.PAGE
8
CITY COUNCIL MINUTES March 23, 2004
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.
1 Report from the Library Director - Conceptual design for the location of Orange's historic fountain
on the site of the expanded Main Library. (C2500.I)SUMMARY: City
Council approval is sought for the location of Orange's historic fountain,currently being
restored by the Old Towne Preservation Association (OTPA) "Save the Fountain" Committee.
The proposed location site is at the northwest corner of the expanded Main Library.
Six (6) parking spaces would be lost from the l62-space parking lot to accommodate
the proposed fountain design in relation to the overall library expansion site. No other
location on the Main Library property can accommodate the historic fountain.Discussion:
Nora
Jacob, Library Director, discussed the need to use six parking spots to accommodate the installation
of the historic fountain at the proposed Library site. The costs of installing the fountain
and making repairs so that it will be in working order are included in the total budget for the
Library expansion; but exact figures will not be available for another week.The
City Manager noted that operational costs for the fountain will be minimal, but there will be some
costs for maintenance; and in response to Council questions, noted that library staff may be able
to park across the street at City Hall to alleviate some of the parking problems.Councilmember
Coontz commented that the architectural structure of the fountain does not match
that of City Hall and needs to be somewhere more complimentary such as the Library.Councilmember
Alvarez thanked the staff and artist who assisted in creating the mock-up
fountain that helped in the planning of this project. He also suggested contacting the Chamber of
Commerce for possible use of their parking lot when their offices are closed.
Mayor Murphy spoke about the 585 Club. The original fountain cost $585 and OTPA is seeking
donations in that amount to help in the restoration.
MOTION - Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved conceptual
design for the location of Orange's historic fountain to the northwest corner of
the expanded Main Library. This would result in the reduction of parking capacity by six (
6) parking spaces (from 162 to 156) to accommodate the proposed fountain design in relation
to the expanded site.PAGE 9
CITY COUNCIL MINUTES March 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMPACT: An amendment to the Mitigated Negative Declaration estimated to cost
5,000 will have to be conducted before relocation of the fountain - an "historic object" in the Old
Towne Orange Historic District - can be implemented. The City's Library Bond Act grant award can
be charged for this activity if the location of the fountain is approved for the Main Library expansion
project. The costs of constructing a fountain basin and plumbing are not yet available but
are being analyzed as part of the Construction Documents Phase of the Main Library expansion
design, due for completion by August, 2004. Ongoing operational costs of running the
fountain, and maintaining it, have not yet been analyzed. OTPA's "Save the Fountain" Committee
is fundraising to complete the work needed on fountain restoration.8. REPORTS
FROM CITY MANAGER Off Agenda
Item Gary Wann
reported on the opening ofYorba Park on Monday, March 29th. In preparation for the opening,
the City will notify nearby residents, issue press releases and install signage at the park announcing
the reopening. Staff has removed tot lot equipment and concrete benches;spread sand
in the low spots; and the gas monitoring wells have been bolted shut to ensure safety and the
wells have a soft mat covering with a berm around them. Staff is also continuing to meet with
the Dog Park Association and are moving towards some type of resolution.Councilmember Alvarez
asked for a report back on the status of the methane gas at the site.Councilmember Coontz
asked for a report back on the agreement between the YMCA and the City regarding
the use of the land at the BMX facility.9. LEGAL
AFFAIRS 9.1
ORDINANCE NO 9-04 (SECOND READING (A2S00.0 ORD-9-04
PARKING)An Ordinance of the City Council of the City of Orange amending portions of Chapter 10.34
of Title 10 of the Orange Municipal Code relating to parking time limitations on public
streets.MOTION - Ambriz
SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 9-04 be read by title only and same was adopted by the preceding vote.
PAGE1Q
CITY COUNCIL MINUTES March 23,2004
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 7-04 (FIRST READING) (A2500.0 ORD-
7-04 PARKING)An Ordinance of the City Council of the City of Orange amending Sections 8.04.020,
17.04.035 and 17.14.090 of the Orange Municipal Code regulating the parking
and
storage
ofrecreational vehicles.Discussion Brent Mullins explained that the new ordinance will allow recreational vehicles (
RVs) up to thirty-six (36) feet to be parked in a homeowners driveway, with no
setback, with an effective compliance
date ofJuly 1, 2004.Under the new ordinance, RV owners would be subject to
a proposed amortization program Section J of the Ordinance) and divided into three categories determined
by the date they purchased their recreational vehicles and the date they purchased their property.
Category 1 is a resident who purchases either a vehicle or property after July 2004. Category 2
is a resident who was in compliance with RV codes from July 1995 through July 2004 and is
living at the same residence. Category 3 is a resident who was in compliance with RV
codes from 1983 through July 1995 and is living
at the same residence.In response to questions by Councilmember Alvarez, Mr. Mullins reported
a filing system will be put in place to record which category a person fits into and will be noted
after a complaint is made. This will give residents an opportunity to prove they are in
compliance based on the
category they fall into.In response to questions by Councilmember Coontz, Mr. Mullins explained
that in order to determine which category a resident falls into, staff will use title
documents for homes and vehicles as well
as photos and testimony.David DeBerry, City Attorney, noted complaints will have to be reviewed on
a
case by case basis.Councilmember Alvarez questioned the amortization program (Section J)
and the fact that interpretation will have to be made to determine which category
someone falls into; and suggested there may need to be more criteria to eliminate gray areas
of interpretation. He also noted the previous ordinances did not have any amortization
program. He suggested there should be just one set of laws, with no amortization, and give residents a period
of time to adhere to the new law. This proposed Ordinance creates too much of a burden
to determine who is meeting different laws. He also stated a 36 foot motor home was too large for
a front yard,
and should
CITY COUNCIL MINUTES March 23, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz stated a compromise is needed and one of the most important
components to this is to make sure the Ordinance can be easily read and understood; and a good
publicity program is put in place as the community was not informed when the current ordinance
was adopted, which was part of an overall revision of the Zoning Ordinance in 1995. She
expressed concern about realtors relaying the correct information to homebuyers about RV
parking regulations, as the burden will probably come back to the City.
Staff noted the new regulations will be publicized in the Orange Progress, Channel 3, the local
press and in brochures at public counters.
Mayor Murphy noted that no matter what ordinance is adopted, if it is different, there will be
parking situations that are no longer allowed; and was in favor of providing a pathway to allow
RV parking for those residents who already have this allowed. He was in favor of an
amortization program, with the burden of proof on the owner and not the City. He also noted
the biggest problems seem to be with the street parking, which is being addressed with a separate
Ordinance.
Councilmember Alvarez reiterated his concern with the amortization program and suggested
everyone adhere to one ordinance. He could not support the amortization program as it waters
down the ordinance.
Mayor Murphy suggested dealing with Section J, the amortization program, in a separate motion.
Councilmember Coontz suggested there needs to be more discussion on the amortization
program with information to see ifit is working.
MOTION - Alvarez SECOND -
Ambriz AYES - Ambriz,
Alvarez, Murphy NOES - Coontz, Cavecche
Moved that Ordinance No.
7-04, with the exception of Section J regarding amortization, be read by title only
and same was set for second reading by the preceding vote.MOTION - Coontz SECOND -
Ambriz AYES - Ambriz,
Coontz, Mayor Murphy
NOES - Alvarez, Cavecche Moved that Section
J become part of
Ordinance 7-04 with the understanding that an evaluation report be brought back to the
Council after six months.PAGE 12
CITY COUNCIL MINUTES March 23, 2004
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO 10-04 (FIRST READING) (A2500.0 ORD 10-
04 PARKING)An Ordinance of the City Council of the City of Orange amending Section 10.34.060
of the Orange Municipal Code regulating the parking and storage of oversized vehicles on
City
streets.Discussion City Attorney David De Berry reviewed the revisions made to the proposed
Ordinance and presented at the meeting. He explained that this ordinance would allow RV owners
to park RV's on the street only for two consecutive days for loading and
unloading purposes.The ordinance also allows property owners to have visitors park RV's for up
to seven consecutive days in the street in front of their property, with a permit obtained by
the Police Department. Property owners who violate the terms of their permits will be unable
to obtain another permit for
six months.RV owners will be prohibited from sleeping in their RV's while parking on public
streets with the exception that the driver is falling asleep at the wheel and needs to take
a break.Extension cords running from the property owner's residence to their visitors' RV's will
not be permitted, except for a temporary connection. RV owners however, may run a cord
from their vehicle to the residence while parked in the property owner'
s driveway.Mayor pro tern Cavecche spoke in support of this Ordinance; but noted her preference
would be for visitors to be able to park only in driveways and not
the street.Councilmember Coontz asked about overnight camping and electricity hook-
ups to homes.Mr. Mullins explained that only a temporary connection on private property is allowed,
if an RV begins to look like a residence, then there
is a problem.Mr. DeBerry explained when a permit is issued from the Police Department, a fact
sheet will be distributed along with it which will indicate rules and regulations
for RV owners.Councilmember Coontz suggested that there be a reference in the Ordinance that
a procedure is in place
for the permits.Mayor Murphy received assurance from the Police Department that they are
in concurrence with the permit process for visitor parking and that
it is enforceable.
MOTION - Coontz SECOND -
Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 10-04 be read by title only and same was set for second reading
by the preceding
vote.PAGE
CITY COUNCIL MINUTES March 23, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 15 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
Personnel Manager Mike Harary
Personnel Analyst Pat Roth
Employee organization: Orange City Firefighters Association
Orange Fire Management 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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Tom Davidson, Address on File, spoke on the proposed Irvine Company development in East
Orange and the trail system.
Kathy Stevens, Address on File, spoke on the proposed Irvine Company development in East
Orange and on water quality issues.
Mel Vernon, on behalf of Keep Orange Clean, Address on File, spoke on the RV issue.
Dorothy Stewart, Address on File, spoke on the RV issue.
Deborah Larson, Address on File, spoke on the proposed Irvine Company development in East
Orange.
Cathy Crair, Address on File, spoke on the noise and traffic issues on East Chapman: and the
proposed Irvine Company development in East Orange.
Mark Sandford, Address on File, spoke on Class A and Class B trails and future development in
East Orange; and spoke on problems with the proposed sports park in East Orange and suggested
moving the sports park to the acreage on the east side of Jamboree next to the College.
PAGE 14
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CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS
13.1 FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (
CDBG)PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT
PROGRAM C2500.G.1.
3)Time set for public hearing to consider the funding recommendations of the
Community Development Block Grant (CDBG) Program Committee for the City's FY 2004-
05 CDBG Program and HOME Investment Partnerships Act (HOME) Program. CDBG and
HOME funds are allocated annually to the City by the U.S. Department of Housing and
Urban
Development
HUD).Discussion Mary Ellen Laster, Housing Manager, reviewed the CDBG program process, criteria
for funding,funding recommendations and acknowledged members of the CDBG Committee - Mary
Ellen Manning, Victoria James, Larry Labrado Jr., and Fernando
Rico.In response to Council questions, she explained that contingency amounts are used for
capital projects, not public services; and the non profit organizations are either based in Orange or
serve Orange residents and are funded proportionately to the number of people served. Also,
the organizations are required to submit quarterly reports, and staff does follow up on
the organizations and reports back to the Committee. The City also funds the Fair Housing
Council of Orange County because the City is required to fund a fair housing component as part of
this
program.MAYOR MURPHY OPENED THE PUBLIC
HEARING Dr. Robyn Tunstall, 238 N. Grand, President of YWCA, asked for a modification in the
CDBG Committee's recommendations to include YWCA for funding for its First Step
Program.Denise Desmond, Alzheimer's Association of Orange County, spoke on the merits of
the Association, which was not recommended for
funding.Lois Barke, Address on File, spoke on the merits of YWCA and the Alzheimer's
Association.MAYOR MURPHY CLOSED THE PUBLIC
HEARING Council
Comments Councilmember Coontz asked about the YWCA and Alzheimer's Association and why
they were not
funded.PAGE
H.~_L.
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
Ms. Laster explained the CDBG Committee felt the YWCA was not operating at full capacity
and may not be ready for funding for their First Steps Program; and the Alzheimer's Association
did not have approve historical data to confirm that those who were helped were low income.
Councilmember Alvarez asked about the programs through St. Joseph Health System and
Working Wardrobes.
Ms. Laster explained the St. Joseph Health System program provides advocates for children with
health problems and Working Wardrobes provides business clothes for interviewing.
Councilmember Alvarez stated the St. Joseph Health System and Working Wardrobes programs
are good services but not at the same level as other organizations that directly help the homeless;
and stated he would rather direct that money to the YWCA where there seems to be more of an
urgent need.
Mayor pro tern Cavecche noted this is the first year for funding for St. Joseph and that most
organizations are being recommended for funding at 100%. She asked about the idea of funding
more organization by giving a little less to more organizations rather then the 100% requested.
Ms. Laster explained the Committee wants to give enough money to be workable to the
organizations.
Councilmember Ambriz clarified these are federal funds for families in Orange who are in need
and gave credit to the staff and to the Committee for their recommendations. He wanted to
respect the recommendations of the Committee and was glad to see how much staff had worked
to get the word out for the CDBG program.
Councilmember Coontz noted Working Wardrobes provide clothing to shelters and churches and
provides clothing for both men and women.
Councilmember Coontz also asked if there was a history of organizations falling out of the
system. She noted that organizations have been notified they were on the list for recommended
funding; and past practices indicate those organizations will probably receive the funding being
recommended. If a change is made, those organization should be present to speak to the issue.
Mayor pro tern Cavecche suggested sending this item back to the CDBG Committee as she could
not follow the logic in not funding the YWCA as there does not seem to be any other program
like theirs.
Councilmember Alvarez suggested moving ahead with this item, with a modification to take
money from St. Joseph Hospital and give it instead to the YWCA.
Mayor Murphy agreed that any changes should go back to the CDBG Committee.
PAGE 16
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
Mary Ellen Manning, CDBG Committee, stated the Committee did a lot of homework with a
great deal of information and that the Committee was in complete agreement with the decisions.
She also noted 14 Orange residents are served with the YWCA program.
Councilmember Ambriz noted if this goes back to the CDBG Committee, the Committee needs
to look at all organizations that did not receive funding and not just the YWCA.
Councilmember Coontz noted if there are complaints with the process, the Committee should be
given the opportunity to come forward and speak to their reasoning behind their decisions; and if
one organization is sent back for review, all organizations should be sent back for review.
Council Action:
FY 2004-05 Community Development Block Grant (CDBG)
Program MOTION - Alvarez
SECOND-
AYES
Moved to accept funding recommendations with the exception to move the funding from St.
Joseph Health System to the YWCA First Step Program.
MOTION DIED FOR LACK OF SECOND
MOTION - Cavecche SECOND -
Alvarez AYES - Alvarez,
Mayor Murphy, Cavecche NOES - Ambriz, Coontz
Moved to return this
item to the CDBG Committee asking that the Committee meet and try to allocate money to include
the YWCA Program and return to Council. The Council hearing is to be readvertised.FY 2004-
05 HOME
Investment Partnerships Act Program MOTION - Coontz SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche PAGE 17 I
l
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
1. Authorized staff to request and receive $677,881 in HOME funds from the United States
Department of Housing and Urban Development (BUD) for FY 2004-05;
and 2. Authorized the City Manager or his designee to execute the FY 2004-05
HOME Program Grant Agreement and all related documents on behalf of
the City.13.2 APPEAL 495-04 ON CONDITIONAL USE PERMIT 2468-
03 - LA CABANA RESTAURANT (
A4000.0 APP-495-04)Time set for public hearing to consider an Appeal, by Mayor pro
tern Carolyn Cavecche, of the Planning Commission's approval of Conditional Use Permit
No. 2468-03 to allow live entertainment in conjunction with an existing bona
fide restaurant that sells alcoholic
beverages at 3063
West Chapman Avenue.Reason for appeal:The issuance of this CUP is
not consistent with sound land planning.On 1/27/04 the City Council approved a project
submitted by Trammel Crow. The applicant anticipates closing escrow in the spring with
demolition planned for this summer. With approval of this project, the Council has set a clear
vision for the Uptown Orange area.Why would we grant a CUP that extends and enhances a
use that will no longer exist?I would rather this Council and Planning Commission
judge future uses of the retail component on an
individual
basis as they come forward."Discussion Alice Angus, Community Development Director, explained that
since the Appeal was filed, the restaurant use has vacated the site and the property owner
is
not interested in maintaining the permit.
MAYOR MURPHY OPENED THE PUBLIC HEARING THERE BEING NO SPEAKERS,
MAYOR MURPHY
CLOSED THE
PUBLIC HEARING
Council Action:MOTION -Cavecche SECOND -Murphy AYES -
Ambriz, Mayor Murphy,
Coontz, Cavecche ABSENT - Alvarez Moved to approve Appeal 495-05,
denying Conditional
Use Permit 2468-03.
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
13.3 ORDINANCE NO. 8-04 - INFILL RESIDENTIAL DEVELOPMENT (A2500.0
ORD-8-
04 ZONING)Time set for public hearing to consider adding Section 17.14.255 to the Orange
Municipal Code and amending Section 17.10.070 to establish design guidelines and procedures for the
review of infill
residential
development.Discussion Alice Angus, Community Development Director, explained that the
ordinance provides guidelines for review of home addition projects to ensure that additions will
compliment
existing developments.Councilmember Coontz asked if this will replace FAR requirements. She stated
this proposed Ordinance contains good design elements, pointing out that some existing homes do
not even necessarily meet the
proposed guidelines.Ms. Angus explained this does not replace FAR, which will be reviewed in the future;
and this Ordinance can also be applied to new large
scale projects.Councilmember Alvarez noted this was one of the best examples of what the City needs
for infill development, that it tries to reinforce established urban patterns; and asked
about the responsibilities of the DRC and the Community
Development Director.Ms. Angus explained this Ordinance provides a balance on how much oversight
and processing goes into applications; and gives staff the ability to work with applicants; and that
not every project will have to go
to DRC.Councilmember Coontz spoke about the problems with some second story additions
and wanted assurance that staffwill interpret the
guidelines consistently.Councilmember Ambriz asked how this information will be made available to
the public.Ms. Angus commented that staff has been instructed to inform residents inquiring
about building permits of the new ordinance. Information will also be available on the City's website and
in the local paper and in brochures available at the office counter. Local architects and
contractors will also be made aware of
the ordinance.The Council complimented the actions taken in the new ordinance and thanked staff
for
their efforts.MAYOR MURPHY OPENED THE
PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE
PUBLIC HEARING
PAGE 19
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
Council Action:
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Cavecche Moved to find
Ordinance No. 8-04 categorically exempt from the provisions of the California Environmental Quality
Act per State CEQA Guidelines Section 15305.ORDINANCE NO.
8-04 (FIRST READING)An
Ordinance of the City Council of the City of Orange amending the Orange Municipal Code by
adding Section 17.14.255 and amending Section 17.10.070 to establish procedures for the review
of in fill residential development.MOTION -
Alvarez SECOND - Coontz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance No.
8-04 be read by title only and same was set for second reading by the preceding vote.RESOLUTION
NO. 9847
A Resolution of
the City Council of the City of Orange approving infill residential design guidelines to establish
procedures for the review of infill residential development.MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to approve Resolution No. 9847.
PAGE 20
CITY COUNCIL MINUTES March 23, 2004
13. PUBLIC HEARINGS (Continued)
13.4 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT AGENCY
SALE OF PROPERTY TO CITY TOWN CENTER, L.P., A CALIFORNIA LIMITED PARTNERSHIP (
A2100.0 AGR-4455)
Time set for a joint public hearing with the Orange Redevelopment Agency to consider and take
action on making certain findings that City-owned real property located adjacent to and east
of Manchester Avenue north of Sheringham Street in the City of Orange is deemed
surplus property; authorizing the transfer and sale of the City owned surplus property to the
Orange Redevelopment Agency; and approving the subsequent sale of the surplus property by
the Orange Redevelopment Agency to City Town Center, L.P., a California limited
partnership.Mr. Jim Reichert, Acting Economic Development Director, provided a brief
report.MAYOR MURPHY OPENED THE PUBLIC
HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING Council
Action:RESOLUTION NO.
9832 A Resolution of the City Council of the City of Orange finding that certain City-
owned real property consisting of approximately12,905:!: square feet located adjacent to and
east of Manchester Avenue north of Sheringham Street in the City of Orange is surplus to the
City's needs; authorizing the sale thereof to the Orange Redevelopment Agency; and
approving the subsequent sale thereof to City Town Center, L.P., a California
limited partnership.MOTION -
Murphy SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
to approve Resolution No. 9832.MOTION -
Murphy SECOND - Ambriz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Amended the revenue budget
in account 272-5011-291100 (Sale of Real Property) by 64,526.
10 for the receipt of the proceeds from the sale of the surplus property.PAGE 21
CITY COUNCIL MINUTES March 23, 2004
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Murphy SECOND - Ambriz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche The City Council adjourned
at 8:53 p.m. to an Adjourned Regular Meeting, Joint Study Session with the Planning Commission,
on April 6, 2004 at 6:00 p.m. in the Weimer Room at City Hall to review the proposed
Capital Improvement Program Budget. The next regular City Council meeting is scheduled for
April 13, 2004.PAGE 22