HomeMy WebLinkAbout12_9_2003 - Council MinutesADOPTED BY THE CITY COUNCIL ON JANUARY 13,2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 9,2003
The City Council of the City of Orange, California convened on December 9, 2003 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
I.I INVOCATION
Given by Father Don Romito, Holy Family Cathedral
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 Mayor Murphy
administered the Oath of Office to newly appointed City Clerk Mary E.Murphy.Sue
Burns,
Loaned Executive to Orange County's United Way, presented a Certificate of Appreciation for
the City's support of Orange County's United Way 2003/2004 Workplace Campaign.
Contributions were presented to Orangewood Children's Home,represented by
Sharon Zepel and the Women's Transitional Living Center, represented by Kathy
Strong. The proceeds from Special Event Fundraisers that were conducted as part of
the United Way 2003/04 Workplace Campaign totaled $10,350.10.The following
employees were recognized for their outstanding support and hard work on the City
of Orange United Way 2003/04 Workplace Campaign and the Local Community Giving Campaign.
Leila Hoopii, Glenn Kaye and Pam Witham - Campaign Coordinators; Michele Day
and Robert Felthaus - Assistant Campaign Coordinators;Sharon Crawford, Doug Fackiner,
Debbie Gabler, Sandy Hayashigawa, Monica Jones,Sheryn Mauerhan, Darlene Milton,
Brent Mullins, Jenifur Pyne, Rebecca Serna, Nancy Tuleja, Patti Van Voorst,
Robby Tatro, Belinda Urtez, and Leslie Williams-Frazer.The following employees
received Service Awards: Jennifer Scudellari, Public Works;Michael Robbins, Police (
not present); Adrian Villalovos, Public Works (not present);James Anderson, Police; "
Scott" Forest Staton, Police; and Freddie Mena, Water Division of Public
Works.A proclamation was
presented to Police Captain Jim Anderson, upon his graduation from Command College.PAGE
1
CITY COUNCIL MINUTES December 9, 2003
2. PUBLIC COMMENTS - None.3.
CONSENT CALENDAR Tape 586 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 December 9, 2003 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 November 20 and 26, 2003.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Regular Meeting, November 25, 2003.C2500.
D.4)ACTION:
Approved.3.
4 Consideration to waive reading iu full of all ordinances on the Agenda.ACTION:
Approved.AGREEMENTS
3.
5 Approve renewal agreement with EyeMed Vision Care in conjunction with Fidelity Security
Life, for employee vision insurance benefits, effective January 1, 2004 through
December 31, 2005. (A2100.0 AGR-3909.A)
SUMMARY: The City has contracted with EyeMed to provide vision insurance
coverage to City employees. EyeMed has presented a two-year renewal (January
2004 through December 31, 2005) at the current in force premium
rates.ACTION: Approved a two-year contract with EyeMed Vision Care in
conjunction with Fidelity Security Life for employee vision insurance coverage, and authorized
the Mayor and City Clerk to execute on behalf of
the City.
PAGE 2
CITY COUNCIL MINUTES December 9,2003
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The
annual amount paid to EyeMed through employee contribution is based on the number of
enrollees in the plan. Last year the cost of this plan was $5,005.52, and employees are
responsible for meeting the cost required to continue this benefit.
3.6 Approve renewal of amended contract with PacifiC are Dental Insurance, a pre-
paid dental plan, for active employee dental insurance benefits, effective January 1,
2004 through December 31,2004. A2100.0 AGR-2936.
B.l)SUMMARY: The city has contracted with PacifiCare Dental Insurance to
provide pre-paid dental insurance benefits to City employees. PacifiCare Dental
Insurance has presented a 12-month renewal (January 1, 2004 through December 31,2004) with
a 4.
5%rate increase.ACTION: Approved a 12-month contract with PacifiC
are Insurance Company for employee pre-paid dental insurance coverage, and authorized
the Mayor and City Clerk to execute
on behalf of the City.FISCAL IMP ACT: There is no additional fiscal impact
to the current budget. The annual amount paid to PacifiCare Dental Plan for pre-
paid dental benefits is paid through employee contributions. Employees are responsible
for meeting the
cost required to continue this benefit.3.7 Approve renewal of amended contract with
PacifiC are Dental Insurance, a pre-paid dental plan, for retired
employee dental insurance benefits, effective January 1,2004 through December
31,2004. (A2100.0 AGR-2936.B.2)SUMMARY: The city has
contracted with PacifiCare Dental Insurance to provide pre-paid dental insurance benefits
to City retired employees. PacifiCare Dental Insurance has presented a 12-month renewal (January I,
2004 through
December 31,2004) with a 4.5%rate increase.ACTION: Approved a
12-month contract with PacifiC are Insurance Company for retired employee pre-
paid dental insurance coverage, and authorized
the Mayor and City Clerk to execute on behalf ofthe City.FISCAL IMP ACT:
There is no additional fiscal impact to the current budget. Retirees pay the total
annual amount to PacifiCare Dental Plan for their own pre-paid dental benefits.
Retired
employees are
CITY COUNCIL MINUTES December 9,2003
3.8 Approve renewal of amended contract with PacifiC are Life and Health Insurance
Company to provide vision insurance benefits for City employees effective January
1,2004 through December 31,2004. (A2100.0 AGR-2939.B.
l)SUMMARY: The City currently contracts with PacifiCare Life and Health
Insurance Company to provide vision insurance benefits to City employees. Staff conducted
an open bid process through the City's insurance broker Mercer Human
Resource Consulting when PacifiC are submitted a proposed 3% premium increase for
vision insurance. We were able to hold the PacifiCare Vision insurance plan to no increase
for plan year
2004.ACTION: Approved a 12-month contract with PacifiCare Life and
Health Insurance Company for employee vision insurance coverage, and authorized the Mayor
and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: There is no additional fiscal impact to the current
budget. The annual amount paid to PacifiCare Life and Health Insurance Company
for vision insurance benefits is paid through employee contributions. Employees
are responsible for meeting the cost required to continue
this benefit.3.9 Second Amendment to Attorney Services Agreement with the Law
Offices of Stephen M. McNamara for legal services. (A2100.0 AGR-
3585.B.2)SUMMARY: The City entered into an agreement with Stephen
M. McNamara to provide legal services in connection with eminent domain matters,
including the Mark Hurwitz v. City of Orange case. The proposed Second Amendment will
increase the not to exceed amount from $30,000
to $45,000.ACTION: Approved and authorized the Mayor and City Clerk to
execute the proposed contract with the Law Offices of Stephen M. McNamara for a total sum
of $45,000.FISCAL IMPACT: Sufficient funds are available in Legal Services
Account
No. 100-0301-426100.3.10 Third Amendment to Consultant Services Agreement between
City of Orange and Harris & Associates. (
A2100.0 AGR-3498.3)SUMMARY: Harris & Associates is presently acting
as District Engineer for Community Facilities District 91-2 (Serrano Heights).
This amendment increases the total not-to-exceed compensation by $25,000.00,
to a total of $155,000.00.ACTION: Approved agreement between the
City of Orange and Harris & Associates and authorized the Mayor and City Clerk
to execute on behalf of the City.FISCAL IMPACT: Bond proceeds in the amount of $
169,000.00 were budgeted as part of the cost of issuance for CFD 91-2. With
the sale of CFD bonds, funds are available and being
administered by
thefiscal agent
CITY COUNCIL MINUTES December 9,2003
3. CONSENT CALENDAR (Continued)
3.11 Amendment No. 3 to Master Plan of Sewers Agreement (Contract No. 0011)
between the City of Orange and the Orange County Sanitation District (OCSD)
Cooperative Projects Program. (A2100.0 AGR-3675.
3)SUMMARY: The amendment extends the term of the original contract for an
additional 18 months in order to allow the City to satisfy all terms and conditions of the
original
contract.ACTION: Approved Amendment No.3 to the contract between the City of Orange
and the Orange County Sanitation District and authorized the Mayor and City Clerk
to execute the Amendment on behalf of the
City.FISCAL IMPACT: None. Funds have been previously appropriated for the
projects.
BIDS 3.12 Project No. S.P. 3455; CDBG Project - GlasseIl Street Rehabilitation Phase 2 from
Mayfair Avenue to Collins Avenue. Approval of plans and specifications, and
request for authorization to advertise. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Glassell Street
Rehabilitation Phase 2 project from Mayfair Avenue to Collins Avenue. The project is
ready to be advertised. The estimated construction cost is $290,000.00
ACTION: Approved plans and specifications and authorized advertising for bids for the
Glassell Street Rehabilitation Phase 2 project.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account:
310-9645-483300-3016 FY 03-
04 $370,000 CDBG 3.13 Project No. D-147 Orange County
Sanitation District (OCSD) Cooperative Project with City of Orange for Whitecap Avenue
Storm Drain Improvements. Approval of plans, specifications, and request for authorization
to advertise. (C2500.M.I7)SUMMARY: Plans and specifications have been
completed for the Whitecap Avenue Storm Drain Improvements. The project is ready to
be advertised for bids. The estimated construction costs including
contingencies (10%), and construction
engineering 5%) is $342,000.ACTION: Approved plans and specifications and authorized
advertising for bids for the OCSD Whitecap
Avenue Storm Drain construction project.FISCAL IMP ACT: Funds are budgeted and are
available in the Capital Improvement
Program in the
following accounts:530-
5011-483400-
5337 Drainage Districts
550-5011-483400-
5337 Reimbursable OCSD
Total Funds
CITY COUNCIL MINUTES December 9, 2003
3. CONSENT CALENDAR (Continued)
3.14 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Charles E. Flynn
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Contract Change Order No.1; Bid No. 034-03; Project No. SP-3286;
Santiago Creek Bike Trail from City of Orange/City of Santa Ana Boundary line to
Tustin Street.A2100.
0 AGR-4341)SUMMARY: This Contract Change Order authorizes payment for extra
work at agreed unit prices. The total contract cost for this extra work is $75,812.
27. Total construction cost including extra work is $
428,618.52.ACTION: Approved Contract Change Order No.1 in the amount of$75,812.
27 to TMT Development Company, Inc., dba TK Engineering Company for
the extra work.FISCAL IMP ACT: Funds are budgeted and available in
the
following
accounts:
550-5011-486700-
6099 245-5011-
486700-6099 Total
67,542.27 8.
270.00 75,812.
27 Reimbursable Capital Projects (Grants)AB2766
Air Pollution Reduction REMOVED AND HEARD SEPARATELY) Tape 622 3.16 Final Contract Change
Order; Bid No. 023-04; Project No. SP-3284, La Veta Avenue Street
Widening from Main
Street to 200 feet east of Batavia Street.A2100.0 AGR-
4154)SUMMARY: Final Contract Change Order authorizes payment for extra work at contract unit price
and agreed prices. The total amount
of this Contract Change Order is a credit of$248,730.66.Mayor pro
tern Cavecche congratulated staff on finding an extra $125,000. Public Works Director
Thomas
explained that the
City was able
to salvage more pavement than expected.MOTION - Cavecche
SECOND - Murphy
AYES -
Ambriz,
CITY COUNCIL MINUTES December 9, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved Final Contract Change Order. The total amount of the Contract
Change Order is a credit of $248,730.66 to the City of Orange.
FISCAL IMPACT: Funds will be credited to the following account:
272-5011-483300-4039 <248,730.66>
Gas Tax 2105 3.17 Bid No. 034-20. Award a construction contract to
Moore Signals & Lighting of Anaheim, for installation of a traffic signal, safety lighting,
street lighting and street improvements at various locations in the City of
Orange. (A2100.0AGR-3909.A)SUMMARY: The proposed improvements will improve
the safety and efficiency of traffic flow with the construction of a new traffic signal at
Serrano/San Lorenzo, and the installation of street lights at two locations within the City.
Six proposals for this project were received. Moore Signals & Lighting of 4511
E. Eisenhower Circle, Anaheim, CA,92807, submitted the lowest responsive
bid of$222,700.00.ACTION: I) Appropriated $30,731.00 from Unappropriated
272 Gas Tax Reserves into Account No. 272-5032-483100-6022 (
Signal at Serrano Ave./Parkhurst Dr.); 2) Found Moore Signals & Lighting to be the
lowest responsive bidder for Bid No. 034-20; and 3) Awarded a contract to Moore Signals &
Lighting in the amount of $222,700.00 and authorized the Mayor and
City Clerk to execute on behalf of the City.FISCAL IMP ACT: Upon
appropriation funds for this project will be
available utilizing Gas Tax
Funds in the following accounts:74,
985.00 272-5032-483100-6456
Freeway Bridge Lighting - 4 Locations
Signal Serrano Ave.& Parkhurst Dr. and Street
Improvements - Serrano Ave.Street
Lighting - Cambridge St. & Pine
St.50,000.00 262-5032-483100-6468 107,715.00 272-5032-483100-6022
3.18 Final Acceptance of Bid No. 034-03; SP-3286; Santiago Creek Bike
Trail from West City Limits to
Tustin Street and authorization to file Notice of Completion with the County
Recorder (No staff report required).SUMMARY: Bid No. 034-03; SP-
3286; Santiago Creek Bike Trail from West
City Limits to Tustin Street. Contractor: TMT Development Company,
Inc., dba TK Engineering Company. Staff recommends acceptance of improvements.ACTION: Accepted public work improvement,
authorized release of Indemnity Company of California Bond No. 835743P, in
the amount of$352,
806.25
CITY COUNCIL MINUTES December 9,2003
3. CONSENT CALENDAR (Continued)
3.19 Final Acceptance of Bid No. 001-02; W-593; Water Reservoir No.
10A and authorization to file Notice of Completion with the County Recorder (
No staff
report required).SUMMARY: Bid No. 001-02; W-593; Water Reservoir
No. lOA, staff
recommends acceptance of improvements.ACTION: Accepted public work improvement, authorized
release of Labor & Material Bond from First Nationallnsurance Company of America, and
authorized the Mayor and City Clerk to execute
the Notice of
Completion.FISCAL IMPACT: None.
REMOVED AND HEARD SEPARATELY)3.20 Mills Act
Contract
No. MAC-
I03.0-03,
Agreements).Tape 661
Historic Property Preservation A2100.0 AGR-4410)SUMMARY: A proposal to approve
Mills Act Contract for a historic, single-family residence located within
the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation
and maintenance performed by the owner for the minimum 10 year) term of this contract
totals $45,346. Location: 460 S. Orange Street.Councilmember Coontz asked if historic
properties throughout the City that were not in the Old Towne Historic District could qualify
for Mills Act incentives or if they would have to go through a
process to be recognized. Community Development Director Alice Angus stated that Mills Act eligibility
applied to properties citywide that were on the historic register,
and others that
are not can
be added.MOTION - Coontz SECOND - Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved a Mills Act
Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (
application No. MAC-I03.0-03), for the preservation, restoration and/or
rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.FISCAL IMP ACT: The estimated property tax loss
to
the City
is approximately $230 per year.PARCEL MAP 3.21 Parcel Map No. 2003-166 -
Request for approval.C2500.M.16.2)SUMMARY: Parcel Map No. 2003-166
creates one parcel of 2.956 acres to accommodate the
proposed Wallace
All
Faiths Chapelfor ChapmanUniversity.
CITY COUNCIL MINUTES December 9,2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Final Parcel Map No. 2003-166, and accepted dedication of
the easement for water line purposes as shown on the Parcel
Map.NOTE: Mayor pro tern Cavecche abstained due to a potential conflict with her
husbands
employment.FISCAL IMP ACT:
None.
RESOLUTIONS 3.22 RESOLUTION NO. 9788 S4000.S.
4)A Resolution of the City Council of the City of Orange ordering the summary vacation
of a portion of a public street commonly known as Sycamore Avenue generally
located between Cypress Street on the East and the A.T.&S.F. Railroad Right-of-
Way
on the
West.ACTION: Approved.REMOVED
AND HEARD SEPARATELY)3.23
RESOLUTION NO.
9789 Tape 749 C2500.J.
l.O.l )A Resolution of the City Council of the City of Orange amending the
Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.
10 relating
to Parking Fines.Councilmember Coontz requested information on the funds the
collected fines are distributed into; as the fines are civil, a portion of the fees are no longer
paid to the courts. The City Manager was directed to return with information on
which city funds the fees go into and the cost benefit analysis used
to set fees.Mayor pro tern Cavecche requested information on the street sweeping fine
and what the changes were in the fine structure presented in the staff report. The
City Manager noted it was important to have an incentive built into the level of fines set;
fines collected go into
the general fund.Councilmember Ambriz expressed concern over inadequacy of
street sweeping signage,
particularly on cul-de-sacs.Councilmember Alvarez asked if this resolution covered only
parking fines or if it
included
other
fines
and penalties.
MOTION SECOND
AYE Coontz Ambriz Ambriz, Alvarez, Mayor Murphy,
Coontz, Cavecche ACTION: Continued to January
13, 2004.
CITY COUNCIL MINUTES December 9, 2003
3. CONSENT CALENDAR (Continued)
3.24 RESOLUTION NO. 9792 S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
the east side of Orange Park Boulevard, South of Joshua Tree Avenue for street purposes,
reserving and excepting an easement for any and all existing utilities.
ACTION: Approved.
STATUS REPORT
REMOVED AND HEARD SEPARATELY)
3.25 Status Report on Sports/Gymnasium Center at Grijalva Park
Tape 925
C2500.M.4.20)
SUMMARY: The City Council at its meeting on June 24, 2003 requested that staff
prepare a report on adding a second floor, considering a potential range of uses, and
exploring the funding and joint-use opportunities with the private sector and
non-profits at the proposed Sports Center/Gymnasiwn at
Grijalva
Park.Discussion Councilmember Coontz requested clarification on the role of the
Community Services Foundation and asked for one-on-
one communication with Councilmembers.Mr. Gary Wann, Community Services Director, explained the
Foundation purpose is to raise money and is not involved in operations; that the
Foundation is interested in exploring potential partnerships, especially if the size of
the facility increases. Cost estimate for the proposed facility is currently $4.
5 to $5 million.Councilmember Ambriz asked for clarification of the Foundation'
s money raising efforts this year which
resulted in $634,884.Mr. Wann verified that that figure did include the $500,000
pledge from Roger Hobbs.Councilmember Ambriz asked for the status of discussions with
the Girls & Boys Club,who were waiting for a response before launching a joint fund
raising
effort with the Foundation.Mr. Wann explained that neither the Foundation nor the City felt that
they could meet the
Girls & Boys Club deadline.Councilmember Ambriz questioned the concept of exclusive
use that such partnerships would imply; the Foundation literature states they do not get
involved in exclusive use projects. He cited the example of the Santiago Charter School
as being
for certain
groups
CITY COUNCIL MINUTES December 9,2003
3. CONSENT CALENDAR (Continued)
Mr. Wann explained the Girls & Boys Club made the overture to explore feasibility and
determine if the facility was compatible with their needs, before they made a decision to
partner with the Foundation and begin fund raising efforts.
Mayor Murphy explained that with the Santiago Charter School plan, private individuals
donated the majority of the funds and while not a facility exclusively for their use, they
did get priority use. That project also had school district involvement. The Girls & Boys
Club is looking at feasibility.
Mr. Warm added that the Santiago facility is not scheduled by the City; and no city
monies are involved in the renovation.
Councilmember Ambriz asked about letters of interest from other groups, noting that the
YMCA had sent a letter in July.
Mr. Wann responded that the letter received from the YMCA did not ask for a response
but was exploratory in nature; that there had been no communication with the YMCA.
Councilmember Ambriz asked if there was a formal agreement between the Foundation
and the City. Mr. Wann agreed with the need for an agreement outlining responsibilities.
Councilmember Ambriz questioned oversight provisions for the Foundation and lack of
community involvement. He was assured that proper legal and audit reviews were in
place. Foundation meeting minutes will be posted on the Foundation website, which
would increase visibility and community awareness; and that the Foundation is seeking
as much community involvement as possible.
Councilmember Ambriz asked if the construction target dates presented in this current
report line up with the dates presented to Council in June
Mr. Warm confirmed that the construction of the facility had to be completed by
December 30, 2006 or the City would lose the $1 million Proposition 12 Funds coming
from the County.
Councilmember Coontz restated the need for greater information and meetings with
individual Councilmembers to answer their specific questions.
Counci1member Alvarez spoke in defense of the Foundation, stating that it was created
to be clearly independent of the City; that it provides its own oversight; that it was not up
to the Foundation to put things on the Council agenda. The Foundation was created
because of the budget pressures felt by the City and to provide a vehicle for individual
private contributions.
PAGE 11
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CITY COUNCIL MINUTES December 9, 2003
3. CONSENT CALENDAR (Continued)
Mayor pro tern Cavecche stated the City needs to have a gym and center for city
programs. Unless it becomes imperative not to lose funding, the City should try to go it
alone.
Councilmember Ambriz stated he could not support an action to Receive and File this
report as there are a lot of questions that still need answers.
MOTION
SECOND
AYES
NOES
Coontz Alvarez
Alvarez, Mayor
Murphy, Coontz, Cavecche Ambriz ACTION: Received
and filed
and directed the Community Services Director, working with the City Manager,
to outline the City's role and the Community Services Foundation role; and directed
the Community Services Director to provide regular meetings with individual Councilmembers
regarding the Foundation.MOTION - Alvarez SECOND - Ambriz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz,
Cavecche Items 3.16, 3.20, 3.23
and 3.25 were removed and heard separately. Mayor pro tern Cavecche abstained on Item 3.21. All
other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
4. REPORTS FROM
MAYOR MURPHY 4.1
Reappoint Mayor pro tern Cavecche
to the Orange County Vector Control District,for a two year term. (ORI800.0.
3.20)MOTION - Murphy SECOND - Coontz AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz,
Cavecche Moved to
reappoint Mayor pro tern Cavecche to the Orange
County Vector Control District for a two year term.5. REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None.PAGE 12
CITY COUNCIL MINUTES December 9,2003
7.ADMINISTRATIVE REPORTS Tape 1756
7.1 Report from Public Works Director/City Engineer regarding the Tustin
Street/Chapman Avenue Intersection Improvement Project; Capital Improvement Project
No. 3228; Mitigated Negative Declaration No. 1700-03. (NI200.0
NEG-1700-03)SUMMARY: The Tustin and Chapman Intersection widening
project (Capital Improvement Project No. 3228, SP 3361) will improve the northeast corner of the intersection
to allow the construction of dual right turn lanes for westbound Chapman to northbound
Tustin, and the construction of a widened outside travel lane and bus turnout for northbound
Tustin north of Chapman Avenue. The project will also relocate an existing bus stop on
Chapman Avenue west of Tustin Street to a point 100 feet west of
its present location.The City prepared Mitigated Negative Declaration No. ENV 1700-03
to evaluate the potential environmental
impacts
of the project.Discussion Public Works Director Harry Thomas presented an overview of
the project, describing the service capacity levels used to grade intersections, showing that
the Chapman/Tustin intersection would reach unacceptable levels without these improvements. The OCT A
grant funding for this project can only be used for intersection improvements. The funding
also comes with a completion deadline of September 30, 2004. As with any widening project, the
major cost is in right of way acquisition. Upon receipt of Council approval, the next
steps would be property appraisals, offers, acquisitions. If property negotiations fail,
eminent
domain proceedings would begin.Councilmember Coontz questioned if this project takes into
account future problems anticipated with increased
traffic from East Orange.Mr. Thomas explained that the City would continue to make applications
for funding to address
continuing and future problems.Mayor pro tern Cavecche questioned the parking impact at Orange
Square Shopping Center, and the project impact
on nearby non-arterial intersections.Mr. Thomas indicated that the project would result in no net loss
of parking; and explained that the current conditions of this intersection impacts the
service levels of outlying intersections.Councilmember Alvarez asked why this intersection widening was not
done at the time Tustin Street was improved and, referencing the intersection widening
at Chapman Avenue and Main Street, asked how much
widening these intersections can take.Mr. Thomas explained that the earlier grant funded only concrete
pavement work and did not allow for widening activity. He reiterated that the largest cost
of widening projects was not construction but acquisition of right-of-way.
He indicated that once environmental impacts can not be mitigated at an intersection, then decisions would
have to be made
weighing the
CITY COUNCIL MINUTES December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
In response to questions by Mayor Murphy regarding moving the bus stop on Chapman west of
Tustin, Mr. Thomas explained the location of the current bus stop blocks westbound traffic and
also blocks the gas station driveway.
Public Comments
The following people spoke. Their comments included resulting landscape removal from the
shopping center; impacts to businesses and parking problems; increases in traffic. The Shattuck
Place residents asked to have their street closed; that they will be heavily impacted by this
project with increased traffic on their street; the impact on property values on Shattuck Place and
that they should have been included in the scope of the project and preparation of the Mitigated
Negative Declaration.
Michael Malouf, SOl N. Glenoaks, Glendale, property owner
Craig Jones, 30402 Miramar, Laguna Niguel, Orange Square property manager
Rodney Mullen, 156 N. Shattuck Place
Susan Mullen, 156 N. Shattuck Place
Glenn Duncan, 127 N. Shattuck Place
Inge Myer, 177 N. Shattuck Place
Michael Myer, 177 N. Shattuck Place
David Panno, 176 N. Shattuck Place
Scott Neely, 147 N. Shattuck Place
Brian Ames, 157 N. Shattuck Place
Vic Eggers, 166 N. Shattuck Place
Shayla Colgan, 137 N. Shattuck Place
John Bergstrom, 136 N. Shattuck Place
Bob Colgan, 137 N. Shattuck Place
Brian Wilterink 126 N. Shattuck Place
Michelle Duncan, 127 N. Shattuck Place
Jim Johnson, 1519 E. Chapman Ave.
Patty Flores, 186 N. Shattuck Place
The speakers were informed that the City Traffic Commission will be addressing the Shattuck
Place issue at their February 2004 meeting
Mayor pro tern Cavecche requested clarification on the Chapman part of the intersection
widening; and expressed strong approval of the fact that the Shattuck Place issues would be
coming before the Traffic Commission.
Mayor Murphy asked who was included in this project study.
Mr. Thomas responded that the notification on the project was the standard 300 foot radius; the
Shattuck Place issue was not considered an issue with the intersection widening, but rather was a
neighborhood traffic issue. To cul-de-sac a street would take it beyond that of
a neighborhood traffic management program as it would affect other surrounding streets. The
Shattuck Place issue is definitely one that must be
considered separately.
PAGE141
CITY COUNCIL MINUTES December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Murphy asked for clarification on time length of this project.
Mr. Thomas stated that funds had to be obligated by September 30, 2004 and construction
completed by April, 2005. Actual construction period would be only four to six months.
Mayor pro tern Cavecche requested that traffic counts on Shattuck Place be redone prior to the
Traffic Commission meeting in February; and if the bus stop could be moved further north on
Tustin.
Mr. Thomas explained the importance of having bus stops as close to intersections as possible.
Chapman and Tustin is a transfer point for buses. Locations of bus stops are set by Orange
County Transportation Authority (OCTA) but he would discuss location of stops at this
intersection with them.
Councilmember Coontz requested that the Minutes from this meeting be given to the Traffic
Commission and commented on the need for signage on Shattuck Place indicating it was not a
through street. She asked if businesses would accept creating a cul-de-sac on
Shattuck Place;and if action on this project had a
time limit.Mr. Thomas stated that a Council decision was required at this time or the City stood to
lose the 2
million funding.Councilmember Ambriz asked if the notification limits could be increased beyond
the current 300 feet and if there was a better way to notifY residents of these projects. He also
asked about the feasibility of diverters to eliminate left turns onto Shattuck Place from
Chapman Avenue.Mr. Thomas concurred that evaluation of traffic diverters could be considered
when reviewing the entire Shattuck Place issue and the suggestion would be forwarded to
the
Traffic Commission.Councilmember Ambriz commented on the large bus stop structures that make
visibility difficult for drivers entering the arterial and asked what type of structure will be
placed here.Me. Thomas stated that bus stop shelters were the City's decision and if visibility were an
issue it would
be evaluated.Councilmember Alvarez had questions about the moving of the bus stops and the
advisability of creating a
bus turnout.Mr. Thomas explained that the moving of the bus stops was out of consideration
of existing businesses, not placing a bus stop structure in front of a business; and an attempt to
eliminate the buses backing up traffic. Bus turnouts would require additional purchase
of right-of-way.Mayor pro tern Cavecche again requested consideration be given to moving
the bus stop further
north on
CITY COUNCIL MINUTES December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Mr. Thomas agreed that this could be discussed further with OCTA. City Attorney David De
Berry also stated the liability issues that would arise from placement of bus stops that
encouraged mid-block pedestrian
crossings.Councilmember Coontz reminded staff that notification beyond the standard 300 feet
whenever there were possible conflicts in the community was a policy agreed to by the
Council.RESOLUTION NO.
9791 A Resolution of the City Council of the City of Orange approving Preliminary Plans for
the Tustin Street and Chapman Avenue Intersection Widening and making certain findings
in connection
therewith.
MOTION
SECOND
AYES Murphy
Coontz Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved;
incorporating comments and direction concerning the comments on Shattuck Place.
7.2
Report from City Attorney regarding Review of Campaign Contribution Limits.A2500.0
Campaign Contributions)SUMMARY: Section
2.10.210 of the City of Orange Campaign Reform Law requires the City Council to
review the contribution limits contained therein in January of every fourth year commencing in
1996. If the City Council determines that it wants to consider amending the limits, it
is required to do so by holding a hearing and adopting an ordinance amendment and should direct
staff to bring an ordinance amendment back for City Council consideration.MOTION SECOND
AYES
Murphy
Cavecche
Ambriz, Alvarez,
Mayor Murphy,
Coontz, Cavecche ACTION: Continued to January 13,
2004.7.3 Report from the
Acting Economic Development Director regarding the Annual Report of the Orange Redevelopment
Agency for Fiscal Year 2002-2003, and authorization to transmit the report
to the Controller of the State of California. (R3500.0)SUMMARY: The Annual Report
describes the activities of the Redevelopment Agency during Fiscal Year 2002-2003,
and includes a fiscal statement and independent audit report relating to the Agency's
finances.See ORA Minutes
Item No. 7.1)PAGE 16
CITY COUNCIL MINUTES December 9,2003
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9790
A Resolution of the City Council of the City of Orange approving the Annual Report of the
Orange Redevelopment Agency for Fiscal Year 2002-2003 and authorizing and directing
its transmittal to the Controller of the State of
California.
MOTION
SECOND
AYES
ABSENT Cavecche
Murphy Ambriz,
Alvarez, Mayor Murphy, Cavecche Coontz ACTION:
Approved.7.
4 Report
fromCommunity Development Director on Resolution No. 9798 ameuding the City's
policy relating to Historic Property Preservation Agreements relating to the City's Mills
Act Program. (C2300.I.2)SUMMARY: The City'
s Mills Act Program currently limits the use of Mills Contracts for qualified historic properties
within the City's Old Towne Orange National Historic District (the Historic District) and
prohibits its use in those portions of the City's redevelopment project areas that are located
within the Historic District unless the City Council finds by the adoption of a resolution that the
application of the Mills Act Program to a specific qualified historical property would be "the
only option or financial incentive to avoid demolition of the structure." Staff is recommending that the
City Council amend the Mills Act Program to permit the City Council to contract with the
owner or agent of an owner of any qualified historical property that is located within that portion
of the City's redevelopment project areas that is located within the Historic District for the
purpose of restricting the use of the property in a manner which the City Council deems reasonable to
carry out the purposes of the Mills Act; provided that the City Council finds that the property
does not otherwise involve direct City of Orange or Orange Redevelopment Agency participation or
assistance in the preservation, restoration or rehabilitation of the property.Discussion Mayor
pro
tern
Cavecche asked for clarification on the limitations to historic properties within the Old Towne
historic district as stated in the report. She also stated her concern for revenue loss and sought
assurance that each contract would come before Council for review in the future.Community Development Director
Alice Angus responded that the Ordinance was correct, that all historic properties
throughout the city were included, and that all Mills contracts would be reviewed by Council.
Councilmember Alvarez asked
why the incentive for historic preservation had only been applied to residential properties;
that there were commercial buildings in the downtown area that could benefit from such
incentives. He asked that staff notify property owners within the historic core that these incentives
were available, as he would greatly like to see the downtown area revitalized.PAGE 17
CITY COUNCIL MINUTES December 9, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Ms. Angus responded that the Mills Act excluded properties located in a redevelopment area,
which is where many of the commercial properties in Orange were located.
Councilmember Coontz emphasized the importance of restoring these buildings to historic
standards.
RESOLUTION NO. 9798
A Resolution of the City Council of the City of Orange amending the City's Policy relating to
Historic Property Preservation Agreements.
MOTION
SECOND
AYES
Alvarez Ambriz
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Approved FISCAL
IMPACT: The
fiscal impact associated with permitting the use of the Mills Act Program within Redevelopment
Project Areas depends on the individual property, its tax basis,and length of
ownership (Proposition 13) as determined by the Orange County Tax Assessor.7.5 Report
from Community Development Director on Mills Act Contract No. MAC-94.0-03, (
Historic Property Preservation Agreements). (A2100.0 AGR-4411)SUMMARY:
A proposal to allow the use of a Mills Act Contract for a historic, commercial property
located in a Redevelopment Project area within the Old Towne Orange Historic District.Estimated
costs associated with the repair, rehabilitation and maintenance performed by the owner
for the (minimum 10 year) term of this contract totals $257,400. Location: 112 E.Chapman
Avenue.Councilmember
Alvarez abstained due to business ownership within 500 feet of this property.MOTION -
Coontz SECOND - Cavecche
AYES - Ambriz, Mayor
Murphy, Coontz, Cavecche ABSTAIN - Alvarez ACTION: Approved
a Mills Act
Contract (Historic Property Preservation Agreement) between the City of Orange and
the property owner, (application No. MAC-94.0-03), for the preservation,restoration and/or
rehabilitation of a qualified historic property in exchange for a reduced property tax assessment.
FISCAL IMP ACT:
The estimated property tax loss to the City is approximately $600 per year.PAGE 18
CITY COUNCIL MINUTES December 9,2003
8. REPORTS FROM CITY MANAGER - None.NOTE:
The City Council recessed at 7:15 p.m. and reconvened at 7:30 p.m.9.
LEGAL AFFAIRS Tape 1589 A2500.
0 Parking)9.1 ORDINANCE NO. 18-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Section 10.30.040 of the
Orange Municipal Code pertaining to the neighborhood permit parking program.
Councilmember Ambriz noted that this Ordinance would make the sale or transfer of the parking
permits a misdemeanor.
Mayor pro tern Cavecche requested information on what type of tracking system would be set up
for these permits.
MOTION
SECOND
AYES
Ambriz Coontz
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 18-03 be read by title only and same was set for second reading by the preceding
vote; and staff was instructed to return with information on methods for tracking parking permits.
9.2
RESOLUTION NO. 9785 C3300.0 CUP-2459-03)
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2459-
03, Major Site Plan Review 293-03, and Mitigated Negative Declaration No. 1719-
03 for approval of a Master Plan for the phased redevelopment of the St. Joseph Hospital
Campus on property generally bordered by Palmyra Avenue on the North, La Veta Avenue on
the South,Batavia Street on the East and Main Street on
the West.Applicant: St. Joseph Hospital
of Orange Paul Watkins, representing St. Joseph Hospital of Orange, agreed with
the proposed modification to Condition No. 42 (traffic surveillance system) as outlined by the
City Attorney.Discussion of the traffic surveillance system followed. Council discussed the formula
used to pro-rate the cost; emphasized the importance of proceeding before other
development came into the area; noted for the record the difference in the Main/La Veta area now and in
the past, as previously, this area was deserted and now it is a hot spot of activity; and
clarified that the surveillance equipment was not required prior to the
St. Joseph
CITY COUNCIL MINUTES December 9, 2003
9. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Cavecche Alvarez
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to approve
with modification to Condition No. 42.9.3 ORDINANCE
NO. 22-03 (FIRST READING)C3300.0 CUP-2459-03)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and St. Joseph Hospital of Orange, a California nonprofit public
benefit corporation, for approval of a Master Plan for the phased redevelopment of the St. Joseph
Hospital Campus on property generally bordered by Palmyra Avenue on the North, La Veta
Avenue on the South, Batavia Street on the East and Main Street on the West.
Applicant: St. Joseph Hospital of Orange
MOTION
SECOND
AYES
Murphy Coontz
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 22-03 be read by title only and same was set for second reading by the preceding
vote.9.4
RESOLUTIONNO. 9799 C2300.E GPA-2003-0005)
A Resolution of the City Council of the City of Orange adopting findings of fact, statement of
overriding considerations, and certifying the adequacy of Final Environmental Impact Report
No. 1717-03 for Amendment No. 5 to the Chapman University Specific Plan,
including associated applications for General Plan Amendment 2003-0005, Amendment to the
Santa Fe Depot Specific Plan, Amendment to the Southwest Project Area Design Standards,
Zone Change 1223-03, and approval of the Chapman University
Master Landscape Plan.
Applicant: Chapman University NOTE: Mayor pro tern Cavecche abstainedon Items 9.4 through 9.8 due to
a possible conflict with her
husband'
s employment.Discussion Councilmember Coontz requested continuation of this item until some issues
could be resolved,as some proposed changes were added as late as that day. There is a lot of cultural
history in this area; the people have been in the community for a long time, contributing greatly to
all aspects of the community, and need to be respected. She asked for not only the
historical significance of many of the buildings, but also the historical significance of the people in the
area; and that Chapman University set something up to help the neighborhood record their
history. At the same time, this neighborhood is also trying to address what is happening
to them physically through the land use changes
in the
neighborhood.PAGE
CITY COUNCIL MINUTES December 9, 2003
9. LEGAL AFFAIRS (Continued)
Councilmember Alvarez also wanted a continuance as there were specific conditions that
Chapman had agreed to that would help clean up the neighborhood which were not addressed in
the current staff report. This included sidewalk repair, street lighting and trees, all of which
Chapman had agreed to. Information from City staff led Councilmember Alvarez to believe the
cost of improvements would run close to $200,000 as opposed to the $50,000 proposed by
Chapman. Councilmember Alvarez has requested a spreadsheet from staff that can be compared
with the spreadsheet of Chapman's proposal. He wanted to ensure that the funds are identified
and wanted assurance that they would be restricted for use just in this area.
Councilmember Coontz asked who would be looking at the landscaping plans at City Hall; if
they would go to the Design Review Committee; noting that ultimately, the neighborhood should
approve the landscape plans. She also noted the CDBG process is coming up soon and perhaps
this process can be used for some of the area improvements.
Councilmember Alvarez requested that the list of all streets impacted by the expansion be shared
with Chapman so that everyone would agree on the area to be improved.
Ken Ryan, EDA W, representing Chapman University, stated they have taken the Council's
comments to heart and respect the Council's desire to continue this matter. They do care about
the neighborhoods and are working hard on all issues and will come back with more details at
the next Council meeting. He noted the University has already made a generous offer of
50,000 to reduce impacts of the expansion. He pointed out that Chapman is a non-
profit university and all improvements come out of donor contributions; and asked Council to
consider that anything pulled out of donor contributions comes out of education
programs.Councilmember Alvarez stated that the affected neighborhood needs something good to help
it endure the
University.Councilmember Coontz agreed that the goal of the University is to be a good
neighbor.MOTION - Coontz
SECOND - Alvarez AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz ABSTAINED - Cavecche
Moved to continue
to January 13, 2004.9.5 RESOLUTION
NO. 9800 C2300.E GPA-2003-0005)A
Resolution of the City Council of the City of Orange approving a Specific Plan Amendment to redesignate
approximately 17.12 acres of property into the Chapman University Specific Plan. A portion
of this area would be redesignated from the Santa Fe Depot Specific Plan. The portion of the
area in the Southwest Project Area is deleted from the Southwest Project Area Design Standard.
The current Chapman University Specific Plan consists of approximately 40.35 acres.PAGE
21 T
CITY COUNCIL MINUTES December 9, 2003
9. LEGAL AFFAIRS (Continued)
This Amendment would expand the boundaries of the current Specific Plan to a total of
approximately 57.47 acres.
Specific Plan Amendment No.5
Applicant: Chapman University
MOTION - Coontz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz ABST AlNED - Cavecche
Moved to continue to
January 13, 2004.9.6 RESOLUTION NO.
9801 C2300.E GPA-2003-0005)A Resolution
of the City Council of the City of Orange approving a General Plan Amendment to redesignate existing
General Plan Land Use designations from Low Medium Density Residential, Medium
Density Residential, Old Town Mixed Use, and Industrial to Public Facilities Land
Use Designation.General Plan
Amendment 2003-0005 Applicant:
Chapman University MOTION -
Coontz SECOND - Alvarez
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz ABST AlNED - Cavecche Moved
to continue to January
13, 2004.9.7 RESOLUTION NO. 9802
C2300.E GPA-2003-0005)A Resolution of
the City Council of the City of Orange approving a Master Landscape Plan for the Chapman University
Specific Plan.MOTION - Coontz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz ABST AlNED - Cavecche Moved to continue
to January 13, 2004.
PAGE 22
CITY COUNCIL MINUTES December 9,2003
9. LEGAL AFFAIRS (Continued)
9.8 ORDINANCE NO. 24-03 (FIRST READING) (C2300.E
GPA-2003-0005)An Ordinance of the City Council of the City of Orange approving
the Reclassification of approximately 17.12 acres of property from R-2-6, R-3, C-
l, M-l, and Santa Fe
Depot Specific Plan
to Specific Plan-
Public Institution (SP-
PI).Zone Change
1223-03 Applicant: Chapman University MOTION - Coontz
SECOND - Alvarez AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz ABSTAINED - Cavecche
Moved to continue to January 13, 2004.10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.a RECESS
TO THE
MEETING OF THE ORANGE INDUSTRIAL
DEVELOPMENT AUTHORITY 11. RECESS TO CLOSED SESSION NOTE: The Closed Session was
deferred to the end ofthe Council meeting.The City Council recessed at 11: 15 p.m. to
a Closed Session for the following purposes:a. Conference with Legal Counsel -
Significant exposure to litigation pursuant to Government Code Section
54956.9(b). (one potential case).1) Orange Unified School
District Claim for Redevelopment Tax Money 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 Joe Moreland 272 N. Moreland, representing the Orange
County Grand Jury, urged citizens to serve
on next
CITY COUNCIL MINUTES December 9, 2003
13.PUBLIC HEARINGS TAPE 2 -159
13.1 ORDINANCE NO. 23-03 - PARKING AND STORAGE OF RECREATIONAL
VEHICLES (A2500.0 Parking, Recreational Vehicles)
Time set for 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 (RVs) within the city limits.
Staff Report
Brent Mullins, Chief Building Official, presented the staff report, comparing the current code
with the proposed changes that would regulate the parking of recreational vehicles. Change
include allowances for RV parking in front yards, but added restrictions of parking within a
three- foot setback from property lines.
Council Ouestions
Councilmember Coontz expressed concern that the ordinance still does not address the issue of
parking RV s on the street and clarified that the term "yard" when used in Planning issues, is not
limited to landscaped areas.
Mayor pro tern Cavecche stated that other Cities prohibit parking RVs on the street. Her
concerns dealt with concrete pads and the City's requirements for front yards of 60% hardscape/
40% softscape; and trailers and fifth wheels being treated differently than motorized RVs.
Mr. Mullins indicated that the 60% paved front yard rule does apply and includes driveways.
Councilmember Alvarez asked how the Planning Commission arrived at the figure for maximum
36 foot RV length; was it correct that side yards and rear yards could store an unlimited number
ofRVs; and why the three foot buffer is not being used on side or rear yards.
Mr. Mullins responded that no scientific method was used to determine the maximum allowable
size for RV s; rather a reliance on the current code.
Councilmember Ambriz asked if the restrictions applied to single car driveways as he was
concerned about parking on half of a narrow driveway. The Chief Building Official stated the
intent is to be able to get around the RV, and if so, it is allowable.
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in favor of the proposed code changes or even less restrictions:
Comments addressed the three foot buffer zone not being needed for fire safety; property rights
are taken away; zoning restrictions for aesthetic reasons are unconstitutional; there are too many
restrictions already; walls can be more unsightly than the RV s and are permanent; street parking
is more of a problem; passenger vehicles are allowed, but not RVs; need for flexible
enforcement; a small number of people make most complaints; the buffer zone should be
eliminated; RVs can be used for disaster relief; 6 foot walls can be a hazard to safety personnel.
PAGE 24
CITY COUNCIL MINUTES December 9, 2003
13. PUBLIC HEARINGS (Continued)
Dwayne Best, 3137 N. Hearthside
Ron Karrell, 1342 Trenton - submitted 164 signatures Jack
Ader, 1419 E. Oakmont Stephen
Heilman, 1429 E. Oakmont Dave
Sobel, 1544 E Palm Lois
Barke, Address on File William
Kerfoot, 1773 N. Greengrove Nan
Gaisbauer, Address on File Jeff
Goodpaster, 441 S. Parker Kurt
Bramstedt, 2746 E. Coolidge Toni
Carlton, 3106 Hillcrest Ron
Frazier, 2902 E Oakmont Marie
Sheppard, 4428 E. Euclid Lois
Oliver, Address on File Gary
Ross, Address on File Danny
Lentz, 1236 E. Quincy Mil
Thornton, 1243 E. Trenton Barry
King, 3811 E. Sycamore Richard
Gross 535 LaNae Circle The
following people spoke in oppOSItIOn to the proposed code: They support pro active enforcement
of existing codes; lowers community standards; proposed code lowers property values;
minority of residents park RVs; let all voters decide; need 20' setback for line of sight;RVs
are an enclosed living space on wheels; RVs should be stored in rear and side yards; right to place
RV should be limited to property owner or leaseholder who should not be able to lease out property
to other RV owners; 3' setback should apply to everything, not just RVs; Old Towne and
older homes have very narrow driveways; historic district needs to be maintained; keep current
ordinance and enforce it; responsible RV ownership is necessary; special interest group does
not represent majority; neighbors ofRV owners have property rights too.Mel
Vernon, Address on File,Charles
Schroeder, 2252 Burly Avenue Doug
Hamilton, Address on File Roy
Roberts 226 E. Locust Janet
Crenshaw, 464 N. Shaffer, OTPA Phil
Knoll, 2215 E. Adams Dorothy
Stewart, Address on File Richard
Drake, Address on File Jeff
Mulford, Address on File Forrest
Zwiener, 927 E. Fairway MAYOR
MURPHY CLOSED THE PUBLIC HEARING NOTE:
City Council recessed at 9:30 p.m. and reconvened at 9:45 p.m.PAGE
25
CITY COUNCIL MINUTES December 9,2003
13. PUBLIC HEARINGS (Continued)
Council Comments
Mr. Mullins addressed some of the concerns that had been expressed:
1. Why the three foot setback as opposed to normal setbacks - An RV is not a home and not a
regularly used vehicle. The intent of the three foot setback was for safety, visibility and a
buffer for the neighbors and the sidewalk.2.
Why the proposed code does not apply to SUVs - The concerns are with the bulk and mass ofRVs.
3. Fence
heights - They are regulated by current code.4. Grandfathering - That
was discussed; there will be a 12 month period to bring parking into compliance.5. Curb
cuts - The
Planning Commission is discouraging curb cuts because they reduce street parking.6. Concrete pads -
They will
be required in all instances.7. RVs hooked up to the
sewer - That is definitely a code violation.8. Define orderly & clean - That means that
an RV and the area in which it is parked is to be kept in a manner that is orderly and
clean.Mayor pro tern Cavecche commented on the six
foot wall usually being a fence with a gate, not a solid wall. She asked about the Euclid, Ohio
court decision.The City Attorney assured Council that California has
established the regulation of aesthetics.Councilmember Coontz commented on the legality ofRVs with
electrical hookups to homes.Mr. Mullins explained that temporary hookups were allowed
but not long-term living situations.Councilmember Alvarez asked about the number of
RVs allowed on a property and if permit records could be used for grandfathering.Mr.
Mullins stated that the proposed code
does not restrict the number ofRVs in the rear or side yards on a property and that many
of the slabs built prior to 1995 did not involve permits.Councilrnember Ambriz expressed concerns on RV height
limits and the success of the education element proposed. He suggested the use
of Channel 3, the Orange Progress and newspapers rather than a water bill insert
which can cost about $25,000 and not necessarily reach renters. He also commented on the many
different house configurations and how they relate to parking; and asked if property values were
impacted by RV parking.Mr. Mullins stated that height was measured
on the vehicle itself, not any of its attachments. He stated the greatest tool for code enforcement
is education; and stated that arguments exist supporting both sides of the property value
issues.PAGE 26
CITY COUNCIL MINUTES December 9,2003
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how the 60/40 percent hardscape rule was enforced ifno permits
were required to pour concrete. She also spoke on the need for code enforcement and the
success of educating residents on this issue; noting it was difficult to make a decision without
addressing the street parking issue. She noted the many types of development standards in the
city and was concerned about the very large vehicles which can impede site distance.
Mr. Mullins explained that on private property there were no restrictions on the thickness of the
concrete pad or the materials used and that there needed to be more education regarding the
60/40 percent hardscape rule.
Mayor Murphy asked if there was an issue with trying to enforce setback restrictions for RVs
versus automobiles.
City Attorney David De Berry stated he was not aware of any challenges and that the ordinance
can be limited to RVs.
Councilmember Alvarez expressed concern about enforcement; that enforcement needed
common sense and flexibility.
Mr. Mullins explained that currently enforcement is reactive and that staff looks for general
compliance with the existing ordinance, as long as the vehicle does not encroach on the public
right-
of-way.Mayor pro tern Cavecche expressed concern about the reduction in vehicle license
fees which will affect cities next year and the impact that could have on code enforcement. She
spoke on some of the other Orange County cities and their RV restrictions; and asked about the
types of code enforcement calls that are received, asking if it is difficult to assess the direct
impact and consequences of enforcement and that some neighborhoods are more tolerant than
others. She stated she was not prepared to vote at this time; the concerns with street parking must
be dealt with at the
same time.Ms. Alice Angus, Community Development Director, responded that code enforcement
calls are prioritized hy health and
safety issues.Councilmember Alvarez agreed with the recommended code concerning the front
yard; would like to see grand fathering for those who have proof they followed previous city
codes; was willing to do away with three foot setbacks on the side yards but would keep the setback
in the front yard; and was concerned about multiple RVs in rear and side yards. He
was concerned with RVs that are like buses which can be overpowering; and the need to be tough
on
street parking.Councilmember Ambriz commended staff for a very detailed report and agreed to
a continuance of this issue. This is not an easy issue to address, as each viewpoint can affect
property values,quality of life and property rights. He also agreed with the need to address on
street parking.
CITY COUNCIL MINUTES December 9,2003
13. PUBLIC HEARINGS (Continued)
Mayor Murphy also agreed to a continuance. The issues of on street parking, setbacks and
aesthetics all need to be addressed, although aesthetics can sometimes be more of a
neighborhood concern.
MOTION
SECOND
AYES
Murphy Ambriz
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to continue
to February 24, 2004 and directed staff to prepare an Ordinance which addresses on-street
RV parking; to be reviewed by the Traffic Commission prior to the February 24th Council
meeting.14. PLANNING
AND ENVIRONMENT - None.IS. ADJOURNMENT MOTION -
Murphy SECOND --
Ambriz AYES -- Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at II :
25 p.m.The Regular City Council meeting of
December 23, 2003 will be cancelled. The next regular City Council meeting is scheduled for
January 13, 2004.ltl5C~0-+MAM E. URPHY ~.-- __CITY
CLERK ..~111
I VI.~ .f fi)(
1 fA- /\ '-
j/I 'MARKA. MURPI;iY MAYOR / /L
PAGE 28 r----~---