HomeMy WebLinkAbout10_8_2002 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 22, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 8, 2002
The City Council of the City of Orange, California convened on October 8, 2002 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 Jon Wetterholm, Orange Police Department Chaplain
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Cub Scout Pack 453, McPherson Magnet School
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Annual Deuce
A wards were presented by Cindy Bender of Mothers Against Drunk Driving (M.
A.D.D.) to the following Orange Police officers who have arrested 25 or more drunk
drivers: Officer Ray Winick - 49 arrests; Officer Miguel Cuenca - 41 arrests;Officer Mike Starnes - 29
arrests.Proclamation was presented to Christina
Kelly, Executive Director, proclaiming October,2002 as Lupus Awareness Month.
Mayor Murphy announced the Annual
Mayor's Prayer Breakfast will be held on Tuesday, October 22nd at 7:
30 a.m. at the Doubletree Hotel, with guest speaker Larry Gatlin.2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR TAPE 470 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.PAGE 1
CITY COUNCIL MINUTES October 8, 2002
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 8, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications and available on the City's
Website www.cityoforange.org, all of said locations being in the City of Orange and
freely accessible to members of the pnblic 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 September 19 and
26,
2002.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, September 24,
2002.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.3.5
CLAIMS The City Attorney recommends that the Orange City Council deny the
following Claim(s) for
Damages:a. Kimberly
Bottomley b. Michael and Maureen
Dobson c. Doris E.
Luraschi d. Stephen
Maynard e. USAA Casualty Ins. Subrogee of David
Doherty ACTION: Denied claim(s) for damages and referred to City Attorney and
Adjuster.
CONTRACTS 3.6 Award of Contract - Bid No. 023-08; SP 3407 Annual Service Contract for
Concrete Replacement Various Locations 2002-03. (A2100.
0 AGR-4140)SUMMARY: This project is part of the annual street maintenance activities
for curb and gutter, cross gutter, driveway approach, and sidewalk replacement
at various
locations City
CITY COUNCIL MINUTES October 8, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $140,375 to Torres Construction, 930
W. Colorado Blvd., Suite 3, Los Angeles, CA 90041, and authorized the Mayor and the
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account: 262-5021-427100 (Measure M) $
195,000 REMOVED AND HEARD SEPARA TEL Y)
TAPE 480 3.7 Award a Consultant Services Agreement - Vulnerability Assessment for the City'
s drinking water system. (A2100.0
AGR-4141)SUMMARY: Award a Consultant Services Agreement for the
Vulnerability Assessment for the City's drinking water system to Carollo Engineers of Santa Ana, CA,
to assess,study and made recommendations regarding possible vulnerabilities to the City'
s water system to various threats
and
circumstances.Discussion Mayor pro tern Alvarez asked about the origin of the grant funds for this project
and the scope
ofthe project.The Public Works Director explained as part of the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002, public water systems
serving a population of 100,000 or more are required to perform a vulnerability
assessment, since these types of systems could be the subject of terrorist activity. This is a mandate
of the federal government and the study must be completed by March 2003. Grant
funds are available through the Environmental Protection Agency; and the City has
qualified for approximately $92,000 for this study. This is confidential in nature
and certain procedures and standards must be observed which limits the amount of
information that is made available to
the public.Councilmember Cavecche noted the City's Water Division is a Class 1 utility
with its own testing lab and the City's water is
tested weekly.Councilmember Coontz noted the City Manager is very involved in
ongoing homeland
security issues.MOTION -
Alvarez SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:
1) Amended the revenue budget to reflect receipt of the Vulnerability Assessment
Grant in the amount of $92,284.00 2) Appropriated $92,284.00 in Vulnerability
Assessment Grant Funds to Account No. 600-8011-426200-
8100. 3)Awarded a Consultant Services Agreement to Carollo Engineers of Santa Ana, CA,
in an amount not to exceed $91,869.00 and authorized the Mayor and City Clerk to
execute on behalf
ofthe City.
CITY COUNCIL MINUTES October 8, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Reimbursement Grant Funds (Grant No. HS-82995801-0)
in the amount of $92,284.00 have been approved for award to the City by the
United States Environmental Protection Agency (USEPA) specifically for this project.
After approval of appropriation, funds will be available in Account
No.
600-8011-426200-8100.GRANTS 3.8 Governor's Office of Criminal
Justice Planning (OCJP) Juvenile Accountability Incentive
Block Grant (JAIBG) (C2500.K)SUMMARY: The OCJP has authorized a reimbursable grant
award in the amount of 31,083 with a cash match requirement of $3,453. The
funds are earmarked for the Orange Police Department Truancy Reduction Program
whose purpose is to identify juvenile delinquency and provide education, intervention
and diversion. The funds will be used for administrative and operational costs,
equipment purchases, and grant training.ACTION: I) Appropriated $19,900
to account number 100-4031-471301-2242 (General
Fund-Detectives-Equipment-JAIBG); Appropriated $10,
000 to account number 100-4031-441600-2242 (General
Fund-Detectives-Miscellaneous Material and Supplies-JAIBG); Appropriated $
1,183 to account number 100-
4031-441101-2242 (General Fund-Detectives-General Office Supplies-
JAIBG); Appropriated $2,217 to account number
355-4031-441101-2242 (Federal Asset Forfeiture-Detectives-General Office Supplies-JOAIBG); and Appropriated $1,
236 to account 355-4031-429300-2242 (Federal Asset Forfeiture-Detectives-Ovemight Training-
JAIBG) as the cash match.2) Amended the FY 2002-03 Revenue Budget in
the General Fund in the amount of 31,083 to reflect the receipt of
the amount of the OCJP Grant.FISCAL IMPACT: The City of Orange was
approved
for a reimbursable grant award in the amount of $31,083 through the OCJP JAIBG
funds. Unreserved fund balance
is available in the Federal Asset Forfeiture account to fund the cash match appropriation.QUITCLAIM 3.
9 Quitclaim of an old Santa Ana Valley Irrigation
Company Easement at 424 West Brookshire Avenue. (D4000.0)SUMMARY: This S.A.V.
I. easement has been abandoned for many years and has been offered to the property owners for
their private
use.ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed
to Robert L.
Chenowith and
CITY COUNCIL MINUTES October 8, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.10 RESOLUTION NO. 9655 (A2500.0)
A Resolution of the City Council of the City of Orange revising the Conflict of Interest
Code for the City of Orange.
ACTION: Approved.
3.11 RESOLUTION NO. 9662 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Atchison
Street between Chapman Avenue and Maple Avenue on Monday - November 11,2002,between
10:00 AM and 5:00 PM for a special event.Veterans
Day celebration ACTION:
Approved.TRACTS
3.
12 Final acceptance of the street improvements and appurtenances as dedicated by Tracts
14359, 14660, 15656, 15695 and 15709 (No staff report required).SUMMARY:
The improvements as dedicated by Tracts 14359, 14660, 15656, 15695 and 15709,
collectively known as Serrano Heights West Side, are completed and open for public
use. The streets included are: Serrano Avenue West Side, Alexandria Street,Andover
Drive, Apache Creek Road, Boscana Court, Bonita Court, Chelsea Drive,Crown
Parkway, Foxworth Drive, Fairecliff Drive, Horizon Drive, Fairport Circle,Laguna
Court, Horizon Drive, Magdalena Drive, Monaco Parkway, Palermo Court,Parkhurst
Drive, Paragon Way, Prescott Court, San Rafael Court, San Marcos Court, San Lorenzo
Court, Santa Isabella Court, Sierra Vista Drive, Skyline Drive and Villanueva Drive.
ACTION:
Accepted public improvements and authorized the release of the improvement bonds.
FISCAL
IMP ACT: None.MOTION -
Alvarez SECOND - Coontz
A YES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Item 3.7 was
removed and heard separately. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
PAGE 5
CITY COUNCIL MINUTES October 8, 2002
4. REPORTS FROM MAYOR MURPHY
4.1 Direction to Staff for proposed changes to the Orange Municipal Code regarding
Recreational Vehicles.
Mayor Murphy announced this item was brought forward because of concerns expressed about
Municipal Code sections regarding recreational vehicles and the ability to park them on
driveways. This is a discussion on whether to direct staff to look at various sections of the code,
then send it to the Planning Commission and return to Council for a public hearing.
Public Comments TAPE 650
The following people spoke in opposition to the current recreational vehicle Ordinance:
Steve Heilman, 1429 E. Oakmont Ave.
Jennifer Whyte, 2602 Jackson
Julio Mendez, 318 N. Eckhoff St.
Joe Butatz, 2719 E. Wilson
Raymond A. Goss, 425 S. Lilac
William Green, 2219 W. Beverly Dr.
Lois Oliver 1832 N. Lincoln St.
Keith Fowler, 325 S. California St.
Tom Stransky, 839 E. Amber Ave.
Duane Simmons, 4320 E. Fernwood
Steve Thompson, 626 W. Culver Ave.
Lois Barke, 2022 W. Spruce
Seletty Mayes, 2019 W. Cherry
Bob Bradley, 873 N. Highland
John Sheetz, 2129 N. Pine St.
Paul Brecht, 996 N. Morgan
Doug Hamilton, 2044 N. Silverwood St.
Jake Janzen, address on file
Their concerns include:
It should be a person's right to park on their property.
It should not be up to the Council to regulate aesthetics.
A moratorium should be implemented on citations unless a vehicle is posing a real threat.
Storage facilities are too expensive, inconvenient and not safe.
Most homes do not have enough room to park in the rear or side yards.
Issues should be addressed on an individual basis.
There was agreement that RVs should not block sidewalks.
Regulations should be changed to reflect the dynamics ofthe community.
RVs provide instant emergency housing.
Some trucks, which are allowed on driveways, are larger than some RV s.
Many RV owners were not aware of parking restrictions.
A committee should be formed to investigate this issue.
PAGE 6
CITY COUNCIL MINUTES October 8, 2002
4. REPORTS FROM MAYOR MURPHY (Continued)
The following people spoke in support of the current recreational vehicle Ordinance:
Mel Vernon, address on file
Janine McCormack, 240 N. California St.
Todd Wallace, 1325 Dana Place
Robert Duzey, 810 S. Woodbury Drive
Their concerns include:
Property values are affected when RVs are parked in driveways.
It is the responsibility of the Council to maintain real estate values.
Aesthetics are important to the community.
Visibility and safety are affected with RVs parked in driveways.
The www.keeporangeclean.org website was announced.
RVs are different than trucks as RVs are usually not moved every day.
The quality oflife and appearance of streets are changed when RVs are parked on property.
The Ordinance has been in effect for several years.
This is related to the health, safety and welfare ofthe community.
Council Discussion
TAPE 2490
Mayor Murphy reported he did not believe there should be any Ordinance on the books that is
not enforced 100% of the time. Therefore, he believes this Ordinance needs to be sent back to
staff to look at what options there are for safely parking RV s in the front yard area on a hard
surface while still maintaining easy ingress and egress into garages. He noted large pickup
trucks are allowed to park on driveways, and RVs that are equally maintained and licensed
should not be any different from large trucks. He would like staff to look at some restrictions in
terms of length of vehicles and if there should be any setback required from the sidewalk.
Councilmember Coontz reported in 1995 there was a complete re-write of the Zoning
Ordinance and the RV parking restriction was just a small part of it. At that time, the Council was
mostly looking at specific zoning issues and this section was not really looked at carefully. She
noted there have been many changes since then in terms of the size ofRVs. She also suggested that
the real estate community should be notifying the community about these restrictions. She
believes that RVs should be allowed on driveways, as long as they do not hang over the sidewalk and
are operable. She noted there are large buses that have been converted to RV s which can be
longer than fire trucks. These can create safety issues with site distance problems. Her real concern
is with safety, and agreed this Ordinance needs to be looked at and suggested that axles and
weight be considered as part of this
Ordinance.Councilmember Slater thanked the audience for their participation and interest. Most citizens
are proud of this City and want it as a nice place to live. As a realtor, he strongly agrees
with property rights, but everyone has to get along with neighbors, which is why there are zoning
laws and regulations, which set standards. He did not believe this is a property rights issue, but
rather what the community standards are going to be and what the community decides they are going
to PAGE
CITY COUNCIL MINUTES October 8, 2002
4. REPORTS FROM MAYOR MURPHY (Continued)
live by; and he personally believes that RVs do lower property values. He noted staff already
conducted a survey several months ago with other cities such as Anaheim, Santa Ana, Costa
Mesa, Fullerton, Garden Grove and Huntington Beach. At that time the concurrence was that the
City should stay the course. He believes Orange deserves better and needs to have a higher
standard than some of these other cities that allow RV parking.
Councilmember Slater suggested the City explore the possibility of using Edison right-
of-way properties to provide more storage facilities for RVs. He also noted that 100%
enforcement on anything would require the City to hire many more Code Enforcement Officers and,
actually, no code is enforced 100% of the time. The enforcement of this issue is not proactive, as there
is not the staff to do this; but rather it is complaint driven. He feels the majority of residents
agree with him and he will stick
by them.
TAPE 3080 Councilmember Cavecche asked for clarification on several issues that were raised
by the speakers. She asked if the City had just hired a Code Enforcement Officer and that's
why there has been an increase in citations; if the Code Enforcement Officers are required
to report violations within a two to three block radius of a complaint; if the City can
subjectively decide what is well maintained and what is not; and if the City relies on the Code
Enforcement Officers to make the subjective decisions on
maintenance issues.The Community Development Director reported that a new Code Enforcement Officer
has not been hired, but that a Clerk is being hired in January to assist in the office; that
the Code Enforcement Officers are not required to report violations within a two to three block radius
of a complaint; that many zoning ordinances and land use cases are subjective; and that
the Code Enforcement Officer does make an initial determination on maintenance and
nuisance issues.Councilmember Cavecche stated that RV parking is one of the most common complaints
she has received while walking through the City during her campaigns. She noted that one
of the concerns she has with the current ordinance is that some of the smaller items should
not be included. This Ordinance is very broad in its approach in that pop up trailers and small
boats do not pose a safety concern in the neighborhoods. She suggested looking at setbacks
for larger vehicles in both the front and side yards; and what criteria is going to be used to
determine clean,operable and well kept. She agreed this Ordinance needs to be sent back for further
study, as there are parts of the Ordinance that are confusing and do not make sense. She agreed
that the issue of axles needs to be reviewed; and if RV s are allowed on driveways, then staff
needs to look at not allowing them on the streets, because having large RV s parked along the
street is worse than seeing a small trailer in
a driveway.Mayor pro tern Alvarez supported this issue going back to staff for review; and asked
that staff look at building codes in terms of side and rear setbacks in addition to front setbacks, as
it can not be assumed that a typical driveway is simply straight from the street to the garage.
There are many half round driveways and double driveways. Staff needs to look at outside
storage of vehicles in terms of cars that are not moved and any other items stored on
driveways. There needs to be some sort of standard as to what is going to be enforced in terms of what is
parked on
CITY COUNCIL MINUTES October 8, 2002
4. REPORTS FROM MAYOR MURPHY (Continued)
a driveway. He has received many complaints about selective enforcement and is concerned
about the aesthetic issues brought forward as the City should not determine what is aesthetically
pleasing to a neighborhood. Enforcement needs to be made in terms of non-aesthetic issues
such as setbacks and driveway issues. He suggested getting input from the community and
involving citizens in reviewing this Ordinance and that it be made a
priority.Councilmember Coontz noted the Council needs to reiterate very definitively what the Council
is asking of the staff. She specifically asked about the weight and axles as there have
been commercial buses converted and registered as RV s. There needs to be clarification about
state law versus what the City can do; and the issue of large trucks being allowed while there
are restrictions on RV s. She also suggested that everything pertaining to RV s be incorporated
into one section of the Municipal
Code.Mayor Murphy stated he would like staff to evaluate the potential changes to the
Orange Municipal Code regarding recreational vehicles surrounding the items that have been
discussed,with regards to what limitations would be recommended for a front driveway parking
situation.He asked staff to look at setbacks, paving, ingress and egress to garages, weight and
axle restrictions, on-street parking issues and criteria issues in terms of distinguishing
or measuring factors. This item would be sent to the Planning Commission for a
recommendation before returning to Council. He noted that whatever comes back needs to be easily
understood
and enforceable.The City Manger stated staff will review the criteria discussed and draft
some alternatives identifying pros and cons of each issue; and will also look at enforcement issues. He stated
it is difficult to establish a timetable for this study, but it is possible this may be sent to
the Planning Commission after the first of
the year.The Council discussed enforcement issues and a
possible moratorium.The City Attorney explained the City does not engage in selective enforcement,
but rather reactive enforcement and that everyone is treated equally. He reviewed the legal
standards for adopting a moratorium and the enforcement process, noting there are situations that
pose a danger and suggested enforcing only those areas where there is a threat to health and
safety until the Ordinance comes back for
final adoption.
TAPE 3810 MOTION -
Murphy SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche NOES -
Slater Direct staff
to evaluate proposed changes discussed and prepare an analysis to present to the Planning Commission
for evaluation and then back to the Council for final action on the Ordinances related
to recreational vehicles and related type vehicles; and also direct staff that enforcement of
the current code be limited specifically to health and safety issues only until the Ordinance is
back for Council review.PAGE 9
I
CITY COUNCIL MINUTES October 8, 2002
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Coontz and Councilmember Slater - Report on the upcoming Veteran'
s Day Celebration, "Freedom is Not Free: A Tribute to the Korean War"November
11, 2002 at 2:00 p.m., Santa Fe Depot Park.Councilmembers
Coontz and Slater reported the third annual Veterans Day Celebration will be held
at 2:00 p.m. on November 11th at the Santa Fe Depot Park, honoring past and present veterans.
It will be an hour long event with a tribute to the Korean War Veterans. It will be a very
patriotic event with music, vocalists, the ROTC and featuring Bill Woollett as the main speaker.
Fliers will be distributed soon with more detailed information.TAPE
4065 6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.
1 Accept resignation of Phyllis A. Walker from Orange Park Acres Planning Committee
and instruct the City Clerk to begin Maddy Act requirements. (OR1800.0.26.1)Councilmember
Slater asked for a status on this Committee as all terms have already expired.Mayor
Murphy stated there is already a recommendation to replace this member on the Committee;
and suggested a review of this committee be brought to Council after the new Councilmember
takes office in December. In the meantime, the current committee is in effect and
doing a great job until any redesignation takes place.MOTION -
Murphy SECOND - Coontz
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to accept the
resignation of Phyllis A. Walker from the Orange Park Acres Planning Committee and instruct the
City Clerk to begin Maddy Act requirements.6.2 Accept resignation
from Barbara Resnick from the Orange Elderly Services, Inc.Board of Directors. (OR1800.
0.21)Councilmember Coontz commented on
the tremendous background Barbara Resnick has and that her resignation will
be a great loss to the Board. She asked that any potential members be introduced to the entire
Council before an appointment is made.Councilmember Cavecche asked for
an opportunity to review the Committee before any names are brought forward for
membership.MOTION - Murphy SECOND - Alvarez
AYES - Slater, Alvarez,
Mayor Murphy, Coontz,
Cavecche Moved to accept the resignation from Barbara
Resnick from the Orange Elderly Services, Inc.Board of Directors.PAGE 10
CITY COUNCIL MINUTES October 8, 2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
TAPE 4175
6.3 Report from the Finance Director on the annual review and approval of the
Statement of Investment Policy (SIP) for Fiscal Year 2002-03. (ORI800.0.27.
16)SUMMARY: Per recommendations from the Investment Advisory Committee and
the Investment Oversight Committee, it is proposed that no changes be made to the City's
and Redevelopment Agency's Statement ofInvestment
Policy.The Finance Director stated the City's policy is very conservative and it is recommended that
it remain as
such.RESOLUTION NO.
9664 A Resolution of the City Council of the City of Orange approving and adopting a Statement
of Investment Policy for Fiscal Year
2002-03.MOTION -
Alvarez SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:
Approved.7.
ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER - None.9. LEGAL AFFAIRS -
None.10. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed
at 6:45 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).b. Conference with Legal Counsel
pursuant to Government Code Section 54956.9(a) existing litigation:I) Nieupointe Enterprises, et
al.
vs. City of Orange, Orange County Superior Court Case No.01CC02712.2) The Lincoln Club
of
Orange County vs. City of Anaheim, et aI., United States District Court Case No. SA CV
02-874 AHS (MLGx).PAGE 11
CITY COUNCIL MINUTES October 8, 2002
11. RECESS TO CLOSED SESSION (Continued)
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organization: All Bargaining Groups
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
12. ADJOURNMENT
MOTION - Alvarez SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche The City Council
adjourned at 7:40 p.m. The next regular Council meeting is scheduled for October 22, 2002.
1. ~I-I/. -
d./
AA~SANDRAJ.
ATHCART, CMC CITY CLERK
PAGE 12