1/25/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON FEBRUARY 8, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 25,2000
The City Council of the City of Orange, California convened on January 25, 2000 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
Helen Walker, Soroptimist International of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 92
Employee Recognition Service Awards were presented by the City Manager to the
following employees: Diane Hornsby (Administration); Catherine Crary (Library);
Randy Houston (Police); Glenn Newson and Pat Oberle (Personnel); Elizabeth Irish
(Library); George Liang (Public Works); Dan Ryan (Community Development); Alan
Walker (Fire); and Javier Sosa (Public Works). (C2500.J.4.18)
Mayor Coontz, on behalf of the Woman's Club of Orange, accepted a check in the
amount of $287.50 donated to the Orange Public Library. Gary Wann, Director of
Community and Library Services, thanked the Woman's Club for the donation.
A proclamation honoring the Assessment and Treatment Services Center (ATSC) for 25
years of excellent services to the citizens of Orange was presented to Dr. John Applegate,
Past President of the Board and his wife Francis.
Tom Berrey representing the YMCA Indian GuidesIPrincesses Program announced their
Annual Indian 500 car race at the Orange Mall on February 12, 2000 and invited the
Mayor, City Council, Police Chief, and Fire Chief to participate in the event.
The Police Chief introduced newly promoted Police Captain Romo.
Linnea Kraetz, reported on activities of the Orange Police Department Volunteer
Program, comprised of over 31 volunteers who have contributed over 5,800 hours to the
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CITY COUNCIL MINUTES
January 25, 2000
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
department. The Program is used as a model in other cities in Orange County and several
other cities within the State of California. Volunteer applications are available in the
lobby of the Police Department. Debbie Klein, Orange Police Department, was
recognized for coordinating the Police Volunteer Program.
Mayor Coontz reported a record crowd attended the State of the City event sponsored by
the Orange Chamber of Commerce. The State of the City presentation made by the
Mayor, the receipt of awards given to businesses, and the jail issue (as reported at the
January 11, 2000 Council meeting) can be found on the City's web site at
www.cityoforange.org.
Mayor Coontz reported that new figures indicate the City anticipates it will fully recover
the amount of money it lost as a result of the 1994 bankruptcy, which does not include
any calculation for potential lost interest. As a result of the bankruptcy, the City incurred
a loss of $5,651,641. Based on the County's proposed distribution of the funds the
County received from various lawsuits arising out of the bankruptcy, the City anticipates
it will recover a net of approximately $6,350,000, approximately $700,000 more than it
wrote off as a loss. This was due to two separate lawsuits filed by the City which resulted
in a recovery of nearly $2,000,000. In documents filed with the bankruptcy court, the
County is proposing to distribute approximately $4,000,000 to the City on or about
February 24, 2000.
2.
PUBLIC COMMENTS
Tape 984
Carole Walters, (address on file), commented she contacted the Fair Political Practices
Commission (FPPC) relative to the airport flier inserted in the Orange Progress. Ms.
Walters commented on the return of her newsletter next month and her web site.
3.
CONSENT CALENDAR
Tape 1035
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 25, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 11 07 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, 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 January 6 and 13, 2000.
ACTION:
Approved.
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
3.3 Receive and file Treasurer's Report, period ending December, 1999. (C2500.F)
ACTION:
Approve.
3.4 Request approval of City Council Minutes, Regular Meeting, January 11, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 Sewer Encroachment Agreement between the City of Orange and VMA Crossroads,
LLC. (A2100.0 AGR-3448)
SUMMARY: The Agreement provides for VMA Crossroads, LLC to operate and
maintain their private sewer system in Anita Drive, a public street.
ACTION: Approved Agreement between the City of Orange and VMA Crossroads, LLC
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None. The applicant has paid the City the $185.00 fee to cover City
costs in preparing the Agreement.
BIDS
3.7 Contract Change Order No.1 for Bid No. 990-06, Project No. SP-3285, 1999-2000
ADA Wheelchair Access Ramps, Various Locations. (A2100.0 AGR-3369)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
the quantities of sidewalk, curb and gutter removal and construction of access ramps
beyond the original scope of work. The total contract cost is $140,087.94.
ACTION: Approved Final Contract Change Order in the amount of$14,016.66 to Ranco
Corporation for the additional quantities at contract unit prices.
FISCAL IMPACT: Funds are budgeted or are available in Account No. 310-9645-
483300-1328-16113 - $14,016.66 (Community Development Block Grant Funding)
3.8 Bid No. 990-16 for Seven (7) Full Size Dual Rear Wheel Cab and Chassis. (A2100.0
AGR-3449)
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: Seven Full Size Dual Rear Wheel Cab and Chassis have been scheduled for
replacement as part of the approved vehicle replacement schedule in the FY 1999/2000
budget.
ACTION: Awarded Bid No. 990-16 to Villa Ford, Orange, CA in the amount of
$165,272.12; authorized the Mayor and City Clerk to execute on behalf of the City and
authorized the City Manager to surplus the replaced cab and chassis at an auction.
FISCAL IMPACT: Funds in the amount of$165,272.12 are budgeted and available in the
following account: 720-5023-472102 (Motor Vehicle Replacement).
3"9 Award of Bid 990-13 for Emergency Generator Project at Corporation Yard"
(A2100.0 AGR-3447)
SUMMARY: Approval of the award of Bid 990-13 to National Electrical Contractors,
Inc. in the amount of $87,945.00 for the purchase and installation, along with electrical
site work, of an emergency generator at the Corporation Yard. The City will need to
transfer $8,313.00 from the Corporation Yard Improvements to fund this project..
ACTION: 1) Approved the award of Bid No. 990-13 to National Electrical Contractors,
Inc. in the amount of $87,945.00 for the purchase and installation, along with electrical
site work, of an emergency generator at the Corporation Yard; 2) transferred $8,313.00
from Corporation Yard Improvements Account No. 725-7028-481105-9851 to the
Emergency Generators Account No. 725-7028-481301-9864; and 3) authorized the
Mayor and City Clerk to execute the contract with National Electrical Contractors, Inc.
on behalf ofthe City.
FISCAL IMP ACT: After the fund transfer is executed, there will be appropriate funds to
pay for the emergency generator project in the following accounts: 500-7028-481301-
9864 (Emergency Generators) - $79,632.00 and 725-7028-481301-9864 (Emergency
Generators): $8,313.00 - Total: $87,945.00
3.10 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Application to Present a Late Claim and Claim(s) for damages:
a. Doreen Mata, Frank Zungia, Samantha Mata, Carlos Mata, and Shavon Evett
Mata.
ACTION: Denied Application to File a Late Claim and Claim(s) for damages and
referred to City Attorney and Adjuster.
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January 25, 2000
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Approve new contract with Delta Dental Insurance, a preferred provider
organization (PPO) effective January 1, 2000. (A2100.0 AGR-2937.A)
SUMMARY: Twelve month contract with Delta Dental Insurance Company for
employee dental insurance coverage.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMPACT: None.
3.12 Approve renewal contract with Pacificare Dental Insurance Company, a pre-paid
dental plan, effective January 1, 2000. (A2100.0 AGR-2936.1)
SUMMARY: Twelve month contract with Pacificare Insurance Company for employee
dental insurance coverage.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMPACT: None.
3.13 Approve renewal contract for vision insurance with Pacific are Insurance Company
effective January 1,2000. (A2100.0 AGR-2939.2)
SUMMARY: Twelve month contract with Pacificare Insurance Company for employee
vision insurance coverage.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf
ofthe City.
FISCAL IMPACT: None.
3.14 Approve increase of Fire Prevention Bureau's appropriation for weed abatement
and amendment to contract with Gary's Lot Cleaning. (A2100.0 AGR-0073.C)
SUMMARY: Weed abatement work is done in the Fall and Spring seasons of the year.
The Orange Fire Prevention Division weed abatement budget for 1999/2000 was
formulated from past costs to clean privately owned lots within the city. This Fall, more
private lots chose not to clean their property of weeds and debris.
ACTION: Approved a $19,500 increase to the Fire Prevention Bureau's appropriation
for Weed Abatement - Private Lots, Account No. 100-3012-427301 and approved
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
amending the contract amount with Gary's Lot Cleaning to $66,500 and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: This approval will increase the Fire Department's Weed Abatement
Clean-up for Private Lots from $14,000 to $33,500. The City will invoice the private
landowners for these costs. Accounts that are not settled will be placed on the Tax Rolls
for collection.
3.15 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Wanda Road, Katella Avenue to Santiago Boulevard pavement rehabilitation"
(A2100.0 AGR-3440)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Wanda Road, Katella Avenue to Santiago Boulevard pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $29,700 to KFM Engineering, Inc., and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.16 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Walnut Avenue, Cypress Street to Glassell Street pavement rehabilitation" (A2100.0
AGR-3439)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Walnut Avenue, Cypress Street to Glassell Street pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $23,990 to KFM Engineering, Inc., and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.17 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Taft
Avenue, Phase I, Batavia Street to Glassell Street pavement rehabilitation. (A2100.0
AGR-3438)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Taft Avenue Phase 1, Batavia Street to Glassell Street pavement
rehabilitation project ifthe application is successful.
ACTION: Awarded a contract in the amount of $43,015 to KFM Engineering, Inc., and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.18 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Taft
Avenue, Phase 2, Glassell Street to Tustin Street pavement rehabilitation. (A2100.0
AGR-3437)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Taft Avenue Phase 2, Glassell Street to Tustin Street pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $52,655 to KFM Engineering, Inc., and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
3.19 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Main Street, Phase 1, Collins Avenue to Katella Avenue pavement rehabilitation.
(A2100.0 AGR-3436)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Main Street Phase 1, Collins Avenue to Katella Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $37,405 to KFM Engineering, Inc., and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.20 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Yorba Street, Palmyra Avenue to Chapman Avenue pavement rehabilitation.
(A2100.0 AGR-3441)
SUMMARY: The Orange County Transportation Authority has issued a can for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Yorba Street, Palmyra Avenue to Chapman Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the progranuned fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.21 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Eckhoff Street, Collins Avenue to 370 feet south of Collins Avenue pavement
rehahilitation. (A2100.0 AGR-3446)
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Eckhoff Street, Collins Avenue to 370 feet south of Collins Avenue
pavement rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $22,431 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.22 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Hewes Street, Chapman Avenue to Marmon Avenue pavement rehabilitation.
(A2100.0 AGR-3445)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Hewes Street, Chapman Avenue to Marmon Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $34,699 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.23 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Main Street, Phase 2, Katella Avenue to Taft Avenue pavement rehabilitation.
(A2100.0 AGR-3444)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
PAGE 9
"
CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
and to design the Main Street, Phase 2 Katella Avenue to Taft Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $43,254 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.24 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Prospect Street, Phase 2, La Veta Avenue to Palmyra Avenue pavement
rehabilitation. (A2100.0 AGR-3443)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Prospect Street, Phase 2 La Veta Avenue to Palmyra Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.25 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Prospect Street, Phase 1, Palmyra Avenue to Chapman Avenue pavement
rehabilitation. (A2100.0 AGR-3442)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Prospect Street, Phase 1, Palmyra Avenue to Chapman Avenue
pavement rehabilitation project ifthe application is successful.
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc.,
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the progranuned fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/0 I fiscal year budget.
3.26 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Chapman Avenue, Lewis Street to Manchester Avenue pavement rehabilitation.
(A2100.0 AGR-3432)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Chapman Avenue, Lewis Street to Manchester Avenue pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $26,580 to W. G. Zimmerman
Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the progranuned fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.27 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Glassell Street, Almond Avenue to 300 feet south of Culver Avenue pavement
rehabilitation. (A2100.0 AGR-3433)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Glassell Street, Almond Avenue to 300 feet south of Culver Avenue
pavement rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $44,905 to W. G. Zimmerman
Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the
City.
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.28 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Newport Boulevard, Canyon View Avenue to White Oak Ridge pavement
rehabilitation. (A2100.0 AGR-3434)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Newport Boulevard, Canyon View Avenue to White Oak Ridge
pavement rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $26,670 to W. G. Zimmerman
Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000/01 fiscal year budget.
3.29 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Orange-Olive Road, Meats Avenue to G1assell Street pavement rehabilitation.
(A2100.0 AGR-3435)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of the Arterial Highway Rehabilitation Program. In order to meet the February
15, 2000 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Orange-Olive Road, Meats A venue to Glassell Street pavement
rehabilitation project if the application is successful.
ACTION: Awarded a contract in the amount of $33,635 to W. G. Zimmerman
Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by
OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
funds within the programmed fiscal year budget. The first phase of the contract is being
completed by the consultant at no cost to the City and therefore no encumbrance of funds
will be made until the 2000101 fiscal year budget.
FINANCIAL REPORTS
3.30 Audited Financial Statements and Related Financial Reports for the Year Ended
June 30, 1999. (C2500.J.1.3)
SUMMARY: Presentation of Financial Report and Statements provided by independent
auditors as a result of the annual financial audit for the fiscal year ended June 30, 1999
and other independent audits.
ACTION: Received and filed the following documents for the year ended June 30, 1999:
1) The Comprehensive Annual Financial Report, 2) The Accountants' Report on
Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets, 3) Report on
Agreed-Upon Procedures Applied to the Investment Portfolio, 4) Air Pollution
Reduction Fund Statements, 5) Single Audit Report, 6) Redevelopment Agency
Statements and 7) Transportation Development Act Article 3 Funds Financial Statements.
FISCAL IMPACT: None.
LIGHT FIXTURES
3.31 Purchase Light Fixtures on a Sole Source Basis. (C2500.N)
SUMMARY: The City identified the replacement of field lighting for Hart Park. Staff
specified Musco Sports Lighting product to be installed at Hart Park. It is recommended
that the City Council approve the purchase of seventy-six (76) light fixtures and
accessories on a sole source basis from Musco Sports Lighting, Inc., in the amount of
$69,129. The City Council is required to approve any equipment purchase on a sole
source basis.
ACTION: Authorized the purchase of seventy-six (76) light fixtures and accessories
from Musco Sports Lighting, Inc. in the amount of$69,129.
FISCAL IMPACT: Funds are budgeted in Account No. 510-7021-485100-0029 (Hart
Park Lighting): $69,129
RATIFICATION OF DECLARATION OF EMERGENCY
3.32 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
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CITY COUNCIL MINUTES
January 25, 2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.33 RESOLUTION NO. 9213 (C2300.E GPA-2-99)
A Resolution of the City Council of the City of Orange upholding the recommendation
of the Planning Commission and amending the open space and conservation element of
the General Plan by deleting the parks and recreation plan and adopting and
incorporating by reference the Master Plan for park facilities, recreation and Community
Services.
General Plan Amendment No. 2-99, Master Plan of Parks
Applicant: City of Orange
ACTION: Approved.
SIGNS
3.34 Joint use of Orange Entry Monument Sign by the City of Tustin on Jamboree Road.
(S4000.S.3.3)
SUMMARY: The City of Tustin has requested permission to modify the existing City of
Orange entry monument sign on Jamboree Road. The City of Tustin proposes to add
entryway information on the back of the existing sign in lieu of installing a separate sign.
The City of Tustin proposes to perform all work at no cost to the City of Orange.
ACTION: Approved joint use of the Jamboree entryway sign by the City of Tustin and
directed staff to prepare a cooperative use agreement for approval by City Council.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1131
4.1 Update on Jail Issue.
Mayor Coontz gave the following report: The City continues to stand strong on our opposition
to yet another County jail being located in our sphere of influence. We are grateful for the public
and private support we have received. We thank Supervisors' Coad, Silva, and Smith for their
PAGE 14
CITY COUNCIL MINUTES
January 25, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
support. In a two and a half page letter I received earlier this week, former County Supervisor
William Steiner provided a formal record of the complex negotiations between the County of
Orange and the City of Orange regarding the expansion of the Theo Lacy Jail. He was the
Supervisor at the table and he served as the liaison between the City and the County. His letter
supports the position that we have taken since we first learned of plans to locate a second jail in
our City (in our sphere of influence). By reaching an agreement on the expansion of Theo Lacy
Jail, the City, the County and the Sheriffs Department agreed that Orange had done its fair
share, and other areas of the County should shoulder the responsibility for future jail needs. I
think his closing comments summarize the situation accurately. This is a quote from Former
Supervisor Steiner, "While it may be expedient to forget the promises of the past, it is undeniable
that the location of another jail in the sphere of influence of the City of Orange does not pass the
fairness test, which ultimately guides public policy and decision making."
Mayor Coontz continued: I want to make one point very clear. There is a demand for jail
facilities in the South County area as a direct result of its own crime and court activities.
According to the County's environmental report for the expansion of the James Musick Jail
facility, 25% of all bookings County-wide occur within a ten mile radius of the South Court. If
approximately 30% of Orange County's population lives in South County, and 25% of all
bookings occurred there, logic leads us to conclude that ajail facility is needed in that area of the
County. Recent articles in a newspaper indicate that Irvine and Lake Forest are close to reaching
an agreement with the Sheriff regarding the future of the Musick Jail facility. The ultimate
decision remains in the hands of the County Board of Supervisors. We remain confident that no
matter what deals are made in South County, the Board will honor its commitment to Orange and
we will not see another jail facility in our City's sphere. We continue to need your assistance.
Please communicate directly to your Board of Supervisor representatives.
********
Carole Walters, (address on file), commented on Measure F as it relates to jails.
4.2 Establishment of a Park Development Advisory Commission (OR1800.0.10)
Tape 1216
Mayor Coontz gave the following report: We achieved a significant milestone in 1999 with the
adoption of our first Master Plan of Parks. This document is a guide to help us meet the City's
long-time need for both active and passive parks. At our last meeting, Councilmen Slater and
Alvarez brought to our attention the need for a committee they had helped form to seek out
future park locations. While that is a worthy idea, there is an immediate need to move on
projects already identified by the City. Several month ago Councilman Murphy spoke to the idea
of reinstituting a Parks Commission. I considered the idea during the holidays and decided it
was a timely one. 1999 brought us substantial economic growth which enables the City to move
forward with some significant projects.
PAGE 15
CITY COUNCIL MINUTES
January 25, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
There are a number of projects the Commission might initially help us to implement. The
Commission could:
· Review the physical design and layout of existing parks. Do they meet the current and future
needs of the community? Hart and Eisenhower, two of the City's largest parks, are the best
examples.
. Develop strategies to solicit input from community and special interest groups on park and
facility needs.
. Make recommendations on the balance between active parks and open space.
. Review and make recommendations on the new proposed ProspectJRock Creek Park and
Community Center.
The Master Plan of Parks, a first for our City, cannot be successful without a clear plan of action
and community participation. If not, that document would just sit on the shelf. We would best
be served by a five member select commission representing a cross-section of the community. In
addition, I recommend that the Commission include an ex-officio member from the community
selected by the Orange Unified School District. The action I am requesting is for the City Clerk
to advertise under the State of California Maddy Act requirement to solicit those in the
community interested in potential membership and request the Director of Community and
Library Services additionally solicit interested potential members who have successfully
participated, or have an interest in, park projects. The date for approval of the Commission
membership will be set for the first meeting in March. The new Commission would
expeditiously present a Mission Statement, initial goals, and timeline as soon as possible after
organizing and present them to the City for approval. A letter was received from Michael
Hairston in support of the develop of the Commission. Oz Enderby, who is very active with
youth sports and scouts, has indicated a willingness to serve on the Commission.
COUNCIL COMMENTS:
Councilman Slater expressed concern with Commissions/Committees being viewed as political,
suggesting that each Councilmember make a recommendation on who they would like to serve
on the Commission. He supports the concept of the proposed Park Development Advisory
Commission.
Councilman Alvarez requested the issue be tabled for a future meeting to allow more time to
review the Mayor's report, provide feedback, and to further discuss the selection of Commission
members. Concern was expressed that the proposed Commission may have a potential conflict
with the Community Services Foundation (not yet in place). Councilman Alvarez suggested
public forums be held to gather input from the neighborhoods surrounding the parks.
Councilman Murphy suggested staff bring back a well-defined report on what the roles and
responsibilities of the Commission would be and the expectations the City has for the
Commission.
PAGE 16
CITY COUNCIL MINUTES
January 25, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Slater requested the staff report include a comparison of the proposed Park
Development Advisory Commission vs. the past Parks Commission.
Mayor pro tem Spurgeon expressed concern with staff support required for the establishment of a
new Commission.
Mayor Coontz said the Commission will help filter the OpInIOnS, comments, and
recommendations of the Council to the community. Councilman Murphy added that the
Commission could also hold meetings at locations under consideration to provide the opportunity
for citizen input.
Carole Walters, (address on file), expressed concern with the establishment of the proposed
Commission and the impact it would have on the newly formed Citizens' Committee.
Councilman Slater explained to Ms. Walters that the focus ofthe Citizens' Committee is to focus
on ways to identif'y and acquire new park sites throughout the City. The proposed Park
Development Advisory Commission would focus on how to make the best use of existing parks,
interact with the neighbors, etc.
Mayor Coontz clarified that the Citizens' Committee was self-generated by members of the
public and not officially authorized by Council. The proposed Commission would be
engendered by the City of Orange to pursue the direction ofthe Master Plan of Parks and to work
with staff. The Council will have input on the Commission's membership.
Councilman Slater commented at the January 11 th Council meeting, Council specifically directed
staff to work with the citizens committee to discover methods of acquisition and identification of
parks.
Stu Livingstone, 515 E. Maple Avenue, expressed support for the Commission.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the City Manager to instruct the Community Services Department to review the
ideas put forth in the Mayor's report along with Council's suggestions and report back in 30 days
with the structure of the commission.
5. REPORTS FROM COUNCILMEMBERS Tape 2093
5.1 Councilman Murphy - Millennium Update (Continued from 1-11-00) (OR1800.0.30)
Councilman Murphy reported on fundraising activities being undertaken by the Committee to
commemorate the millennium. Fundraising items include: pins, t-shirts; and flags with the
millennium logo (and a sponsorship area) to fly in the Plaza and surrounding areas on Glassell
PAGE 17
CITY COUNCIL MINUTES
January 25, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Street. The bricks for the millennium project at Santa Fe Depot Park are in the process of being
made available. The Millennium Committee put together the idea of raising funds to present the
City with a millennium clock and archway as an entrance to Santa Fe Depot Park. A final design
concept and request for approval will be brought back to Council in March, 2000. All revenue
generated from the sale of the bricks and merchandise will be used to offset the cost of the
purchase of the clock and its related improvements. Brochures, publicity and advertisements are
being put together at this time. The Committee has promoted and proposed partnerships with
City-sponsored events to sell the merchandise and utilize the logo. Merchandise sales and
related items will be offered to local charities to participate in fundraising activities and to also
support their individual efforts. The motto and photo contest will take place this year. A specific
event for the dedication of the millennium clock has also been discussed.
Mayor Coontz stressed the importance of a formal budget to provide the public assurance that the
monies are being tracked.
Barbara DeNiro, (address on file), asked if all Commissions go through the Maddy Act? The
City Attorney explained the Maddy Act applies to unscheduled vacancies. Once established, the
Commission will be subject to the Maddy Act and its posting requirements.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file the millennium report, noting the confirmation of the merchandise
Issues.
NON-AGENDA ITEM - Councilman Alvarez - City Recognition of Martin Luther King
Holiday.
Councilman Alvarez asked why the City of Orange is one of the few cities that does not
recognize Martin Luther King as a national holiday. The Personnel Director explained the
bargaining groups have requested the Martin Luther King holiday. However, the bargaining
groups opted for more floating holidays instead.
Barbara DeNiro, (address on file), expressed opposition to the addition of more holidays.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2486
6.1 Appoint the following members to the Millennium Commission.
Councilman Mark Murphy, Christine Carpenter, Karen Herrera, Nancy Ann Just, Bruce Patrick,
Al Ricci, Sandra Warne, and Bill Utter.
PAGE 18
CITY COUNCIL MINUTES
January 25, 2000
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the appointments to the newly constituted Millennium Commission.
7.
ADMINISTRATIVE REPORTS
Tape 2789
7.1 Report from the Director of Public Works/City Engineer regarding parking
conditions around Chapman University Campus. (S4000.S.3.1.1)
SUMMARY: In response to area residents' requests, the City Council at their meeting of
December 14, 1999, directed staff to review the parking conditions around Chapman University
campus and report back to the Council. City staff met with area residents who had brought
forward these concerns and Chapman University representatives. This report summarizes staff's
findings and recommendations.
FISCAL IMPACT: Staff's proposed recommendation will result in the loss of $400 Permit
Parking Application fees. Since there is not a precise method to forecast the number of
individual applications in this area that would have been filed in the future, the total financial
impact ofthis action cannot be precisely quantified at this time.
Note: Councilman Slater abstained on this item due to a property interest within 300 feet of the
parking structure on the west side. Councilman Alvarez abstained due to property interests at
138 and 152 N. Olive.
The Director of Public Works reported that a condition of Chapman University's Specific Plan,
in an amendment adopted in March, 1997, was the requirement that the University conduct all
studies and assume responsibility for implementation of a parking and traffic management plan
as may be required by the Public Works Director and Traffic Engineer to alleviate overflow or
on-street parking. The studies are to include parking incentives to encourage the use of Chapman
University on-site parking spaces instead of off-site spaces. In the meeting held with Chapman
University representatives, a re-commitment was made to develop and implement measures to
encourage the use of their parking structure and lots by faculty, staff and students. However,
even with their best efforts, there will be overflow parking onto the adjacent streets, impacting
the residents in the area. There are existing permit parking areas.
In order to minimize the cost and staff time involved in implementing additional permit parking
areas, it was felt a cooperative and comprehensive approach, with Chapman University taking the
lead ,was the best way to deal with the issue. Chapman University would conduct a community
meeting in cooperation with City staff to present the concept to the residents and receive their
comments. The University would be responsible for any costs associated with conducting the
meeting, including notification of the affected residents and businesses. The intent is to establish
PAGE 19
CITY COUNCIL MINUTES
January 25, 2000
7. ADMINISTRATIVE REPORTS (Continued)
boundaries for a Chapman University Permit Parking Management Area. Once established, there
would be no permit application fees for any neighborhoods wanting to participate in the program.
Participation would be voluntary and not imposed on any neighborhood that did not support it.
Petitions would still be involved expressing the desire to be a part of the program. The areas
would be subject to the annual permit fees currently charged in all of the existing permit parking
areas. The proposed approach could result in a significant addition to the existing areas and has
the potential of additional costs for enforcement of the permit parking. Subsequent to the public
input and assuming a favorable response from the community, it was recommended an
Ordinance be adopted establishing a Chapman University Permit Parking Management Area.
Mayor Coontz expressed concern with the possibility of students parking beyond the established
permit parking areas. How is Chapman University going to address the student use of their
parking structure? What can be done to assure the use of the parking structure? Issuing permits,
etc. will be a management problem for the City.
Bob Mickelson, P. O. Box 932, Orange, representing Chapman University, responded that
Chapman University will discuss with the neighbors how large of an area is appropriate for
permit parking and what affect it will have. Included in the report will be studies and an analysis
of how to encourage more parking in the structure and on the spaces available on the campus.
Mayor Coontz commented the east and west end of the campus needs to be looked at. Mr.
Mickelson confirmed they would look at both ends of the campus, noting that Orange High
School also contributes to the parking problem.
Carole Walters, (address on file), commented the City should give the residents free permit
parking.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon
ABSENT - Slater, Alvarez
Moved to receive and file the report; directed staff to prepare an Ordinance, in cooperation with
Chapman University, establishing a Chapman University Permit Parking Management Area; and
directed staff to continue to work closely with Chapman University to come back with a solution
to the sometimes non-use of the parking structure by professors, staff, and students.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon
ABSENT - Slater, Alvarez
Moved to waive the permit application fees for areas which now have petitions.
PAGE 20
CITY COUNCIL MINUTES
January 25,2000
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 1-00 (A2500.0 ZCG-1201-99)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the south side of East
Culver Avenue between Shaffer Street and Cambridge Street from R-2-6 to R-1-6. Zone Change
1201-99; Ordinance Amendment 6-99
Mayor Coontz noted a letter was received from John Waters, architect for the Zehners, and from
residents that reside on Culver Avenue.
The City Attorney stated that an issue brought up in the newspapers is the allegation of spot
zoning. Spot zoning occurs when there is zoning of a small piece of property, a single parcel, or
a small area which is substantially different from the surrounding area. This block of Culver
Avenue is surrounded by R-2-6 and R-1-6. The zone change is to R-1-6. This is not spot zoning
for the following reasons: 1) The lots are fairly large; 2) the area does not constitute a small
parcel or small area; and 3) it is similar to zoning which surrounds the Culver A venue area.
Mayor pro tern Spurgeon indicated he understands the City has to go back and rehear some
items, according to the court. The City Attorney responded the direction from the court was for
the Council to more specifically make findings so that the court can undertake a better review of
how the City Council got from the Design Standards to denying the project.
Carole Walters, (address on file), requested Council delay the vote until after the court hearing.
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 1-00 be read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE NO. 2-00 (A2500.0 AMD-7-99)
An Ordinance of the City Council of the City of Orange amending Titles 12 and 17 of the Orange
Municipal Code authorizing modifications to the ultimate planned width of Heim Avenue and
approving the reclassification of 6.09 acres of property located east of Canal Street and south of
Heim Avenue, adjacent to the Mall of Orange, from C-TR, Limited Business District, Tustin
Redevelopment Project Area to R-2-6, Duplex Residential District. Ordinance Amendment 7-99,
Zone Change 1196-98, Applicant: Greystone Homes, Inc.
PAGE 21
CITY COUNCIL MINUTES
January 25, 2000
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 2-00 be read by title only and same was approved and adopted by the
preceding vote.
9.3 ORDINANCE NO. 3-00 (A2500.0 Utility Deposits)
An Ordinance of the City Council of the City of Orange amending Chapters 13.08 and 13.60 of
the Orange Municipal Code relating to utility deposits.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 3-00 be read by title only and same was set for second reading by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:25 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84
County of Orange, U.S. Bankruptcy Court, Case No. SA 94-22272
Zehner vs City of Orange, Orange County Superior Court Case No. A15458.
b. Conference with real property negotiator pursuant to Government Code Section 54956.8:
Property: 25 acre parcel near the intersection of Spring Street and McPherson Road in Orange.
Negotiating Parties: City of Orange and Union Pacific Railroad; Under Negotiation: Price and
Terms of Payment
c. Public Employee DisciplinelDismissal/Release pursuant to Government Code Section
54957.6.
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.
PAGE 22
CITY COUNCIL MINUTES
January 25, 2000
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None
13.
PUBLIC HEARINGS
Tape 3662
13.1 APPEAL NO. 468-A, CHARLES CURTIS JONES, APPEAL NO. 468-B,
WILLIAM H. EARNEST, CONDITIONAL USE PERMIT 2298-99, SPECIALTY
RESTAURANTS CORPORATION (ORANGE HILL RESTAURANT) (A4000.0 APP-
468-A)
Time set for a public hearing to consider Appeal No. 468-A by Charles Curtis Jones and Appeal
No. 468-B by William H. Earnest concerning the Planning Commission's approval to allow
construction of a one-level parking structure over an existing parking facility with a 3,070 square
foot, second story addition to Orange Hill Restaurant on property located south of Chapman
Avenue, north of Canyon View Avenue with a building addressed 6410 E. Chapman Avenue.
NOTE: Negative Declaration No. 1606-99 was prepared to evaluate the environmental impacts
of this project.
THE APPELLANT (APPEAL NO. 468-A) STATES THE FOLLOWING REASONS FOR THE
APPEAL:
"Access to Orange Hill currently runs through my property. The findings necessary to approve
the CUP cannot be made. The restaurant expansion's negative impact on the highest and best
use of my property was not addressed particularly the fact that traffic through my property would
increase 50%. The issues of Applicant's right of access through my property, its right to modify
current usage, and its right to construct road improvements on my property were not addressed.
The fact that Applicant's negative declaration was obtained through wrongful grading and
sacrifice of my property to a DFG remediation plan was not addressed."
THE APPELLANT (APPEAL NO. 468-B) STATES THE FOLLOWING REASONS FOR THE
APPEAL:
"The solution presented to the Planning Commission about the car light problem that will be
created by construction of a two story parking structure at Orange Hill Restaurant is based on
non-factual information available. Expansion of commercial property that is completely
surrounded by residential homes does nothing but lower these property values. The only thing
we have that makes our Orange Hill properties worth more is our views. This proposed project
destroys part of that value. If increased seating capacity is denied the restaurant, no parking
structure is needed."
The Director of Community Development reported that the 2.4 acre parcel on top of the hill
(Orange Hill Restaurant) and the adjacent 39.9 acre parcel are under common ownership. The
2.4 acre parcel is CP (Commercial Professional) zoned. The surrounding property (the slopes of
the hill) is A-I (Agricultural) zoned. The neighbors surrounding the parcels are residentially
PAGE 23
CITY COUNCIL MINUTES
January 25,2000
13. PUBLIC HEARINGS (Continued)
zoned, most which are fully developed with single-family residential and condominium types of
uses. The Orange Hill Restaurant currently exists as a 14,900 square foot restaurant with a 204
space surface parking lot. The restaurant was originally developed in the 1970's.
In 1991, the City approved a Conditional Use Permit (CUP) which allowed the use of tandem
parking with a valet style operation. The CUP increased the parking availability on the property
from 108 spaces to today's nearly 200 spaces and allowed the expansion in the area of the
restaurant to the 14,900 square feet that exists today. Orange Hill Restaurant proposes to modifY
the 1991 Conditional Use Permit to increase the amount of tandem and valet parking from 200 to
264 spaces, by adding a parking deck over a portion of the existing parking lot. Approximately
3,000 square feet would be added to the restaurant which would be a second floor banquet floor
facility. Given the prominent location of the Orange Hill Restaurant, the additions are of great
concern to the surrounding neighbors. Design reductions and modifications have been made as
the project has gone through the process and several conditions were added to address the
impacts of noise, lights, and safety. The Planning Commission held two public hearings. At the
October 18, 1999 public hearing, the Planning Commission approved the proposal subject to the
38 conditions listed in Resolution No. PC 66-99. Since that time, two appeals have been filed by
neighboring property owners.
Appellant Charles Jones owns a parcel at the bottom of the hill, adjacent to Chapman Avenue,
approximately one-half to an acre in size. The property is crossed by the access road going up
the hill to the Orange Hill Restaurant. Mr. Jones appeal is based on the belief that the Orange
Hill Restaurant is using his property improperly. The City's belief is there is a great deal of civil
interest between the two property owners in terms of how the issues might be resolved.
Appellant William Earnest owns a residence east of the Orange Hill Restaurant. His appeal is
based primarily on concern regarding impacts of the parking and restaurant expansion, the
lighting of the parking lot, the headlights of the vehicles within the lot, and concerns with
aesthetics and the appearance of the project as seen from his neighborhood.
APPELLANTS:
Charles Curtis Jones, 1101 Packers Circle, #11, presented photographs of his property.
Barry Watkins, 8502 E. Chapman, Suite B-6, partner of Chuck Jones, addressed events that have
occurred on or adjacent to Mr. Jones' property and Specialty Restaurants Corporation site since
1963. Issues of concern include reciprocal access, increased traffic over the Jones parcel,
applicant's block wall and signs constructed on the Jones parcel, destruction of habitat by
applicant, environmental review deficiencies of the Conditional Use Permit application, and an
issue with the patio/enclosed banquet facility building permit. They feel Orange Hill Restaurant
has not lived up to its bargain, has not been a good neighbor, and the CUP, if approved, will
substantially affect the values of the surrounding properties.
PAGE 24
CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
William Earnest, 138 Calle Alta, expressed concern with the lack of supervision at Orange Hill
Restaurant that has caused problems for the neighbors. Problems and concerns addressed were
volume of outside music system; drinking parties; fire danger; the broken steel post that supports
the chain across fire access road; no permits; the substandard access road; and safety issues. The
proposed construction of a parking structure will severely impact view properties in all of east
Orange. Mr. Earnest asked the following questions: I) Is the access road a driveway or a road?
A comparison was requested of what now exists vs. City requirements for a road? 2) In an
emergency, will the present access road allow simultaneous use of fire engines and fleeing
vehicles to go in opposite directions in the event of a big fire? 3) Is there any assurance that the
road won't be blocked by some stalled vehicle, or the entrance completely blocked by a bus in
the ditch (as happened recently)? 4) Were any grading permits granted on the latest work done
on the driveway? 5) When the parking lot was expanded, did the City require hillside
environmental reports or permits? Were they issued? If so, what date?
APPLICANT:
Phil Bennett, 5535 E. Cerritos Drive, architect retained by Specialty Restaurants Corporation,
addressed how the conditions imposed by the Planning Commission had been met. Concerns
have been satisfied as far as landscaping, heights, roadway access, and the increased structure for
the roadway barricade. The roadway has been widened from 20 feet to 24 feet. Permits were
pulled to resolve the problem of the steep pitch at the bottom of the road. The roadway, as
described by the Engineering Department, is a private roadway and not subject to grading or
roadway plans. A permit was not required for the widening of the 4 feet. The parking provided
exceeds the City's minimum parking requirement. One of the reasons for the proposed parking
structure is to provide available spaces to park cars to eliminate concerns with stacking.
John Kenny, 5075 E. Greensboro Lane, Anaheim, Chief Financial Officer for Specialty
Restaurants Corporation, addressed concerns raised by Mr. Jones. The reason for the reciprocal
agreement was to request an easement be recorded between Mr. MacPherson (who owns Lot 75)
and Lot 74 (which is leased from the MacPherson Trust). There is a recorded easement for the
roadway through Lot 75 to Lot 74, and a recorded title report done in 1994/95.
Mayor Coontz asked if there is an easement with Mr. Jones? Mr. Kenny indicated that according
to staff, there was no request for a reciprocal easement with Mr. Jones.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor of the appeal:
Tom Moore, 209 Calle Alta
Shirley Moretti, 6635 La Cumbre Drive
William Manning, 110 S. Calle Alta
Mary Fox, 146 Calle Alta
PAGE 25
CITY COUNCIL MINUTES
January 25, 2000
13" PUBLIC HEARINGS (Continued)
Bob Bennyhoff, 10642 Morada Drive
Phil Heim, 126 Calle Alta
Dr. Harriet Opfell, 118 Calle Alta
Howard Rezner, 212 Calle Alta
Reasons: Concerns with lighting, noise; safety (width of access road); trash; blasting without
permits; night time view will be eliminated; current parking is sufficient; fire hazard; property
depreciation; brush, cactus, 40 feet of natural flora and fauna was cleared off the roadway;
destruction of habitat; landscaping to mitigate headlight flashes.
Speaking in opposition to the appeal:
Stuart MacPherson, 2218 Rose Avenue, Signal Hill, owner of Orange Hill property
Brad Sublett, 1079 N. Ridgeline Road
Reasons: Orange Hill Restaurant is a landmark; provides enjoyment for people; access issue
with Mr. Jones' property occurred when Chapman Avenue was realigned; Planning Commission
conditions imposed have been met; fire lane was cleaned per the Fire Department's request; light
poles on parking structure will be shielded on all four sides.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
In response to questions raised, the Director of Community Development indicated that in
reviewing Planning Commission material in 1991, discussion appears to relate to a reciprocal
agreement between the two parcels owned by the MacPhersons'. A 24 foot width is required by
the Fire Department for two-way access. A Planning Commission condition requires the height
of the lighting fixtures on the parking structure to be no more than 10 feet high.
Councilman Murphy requested clarification on what was agreed upon in 1991 relative to
reciprocal agreements. In staffs opinion, have the conditions from the 1991 Conditional Use
Permit been met? The Director of Community Development responded there is an easement
across Mr. Jones' property to allow access to occur and that the easement existed in 1991.
Discussion at that time about the reciprocal access needed to only include reciprocals between
the two MacPherson parcels.
Mayor Coontz expressed concern with the easement issue being unclear and the need for clarity.
Mayor Coontz asked the Fire Chief to address the requested cleaning of the fire access road,
noting that some of the area is located in the Natural Communities Conservation Plan (NCCP)
area.
The Fire Chief expressed concern with the type of building being constructed which is addressed
in standard Fire and Building Code requirements. Other concerns are emergency access. Access
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CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
to the site is gained directly up the hill, which is steep and difficult to get a fire truck up.
However, it does meet the minimum width requirement. The secondary access point is the dirt
road off of Calle Alta, which also meets the minimum width. Concern was expressed with posts
and chains down, litter, and vegetation infringing on emergency vehicle access. A dumpster was
recently removed from the road. Access problems could occur for fire trucks during a busy event
if valet parking were stacked. Concern was expressed with the potential for wild fires in the area.
COUNCIL COMMENTS:
Councilman Murphy expressed concern with unanswered questions based around the 1991
Conditional Use Permit and requested clarification on the 1991 CUP requirements. He expressed
serious reservations about whether the impact of the additional expansion can be mitigated
without deterioration of bordering land use.
The City Attorney commented if there has been access through Mr. Jones' property for 25+
years, Mr. Jones may have been able to gain access through prescriptive right. Clarification is
needed on the legal positions of the individual parties and a report can be brought back to
Council.
Councilman Slater commented that expansion of the restaurant will cause deterioration of the
area and expressed concern with the removal of the flora and fauna that has already taken place.
He asked the City Attorney if it would he proper to uphold Appeal No. 468 since it is more of a
civil matter? The City Attorney responded the access at the bottom of the hill (Mr. Jones'
property) could be listed as a reason for denying the CUP.
Mayor Coontz commented that she does not feel the proposal is good land use planning, as it is
the most prominent hill in east Orange. Concern was expressed with the safety of the narrow
winding roadway to the restaurant and that permits have been obtained from the City after work
has begun on several occasions.
Mayor pro tem Spurgeon commented a two story urban parking structure in a residential semi-
rural area does not fit.
Councilman Alvarez concurred with comments made in that a parking structure does not fit at
the location and the concerns expressed relative to the access roads.
Mayor Coontz indicated if the Mitigated Negative Declaration is going to be denied, findings
have to be made, noting the fire safety issues raised by the Fire Chief. Staffs clarification of the
access issue needs to be included in a separate motion.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
January 25,2000
13. PUBLIC HEARINGS (Continued)
Moved to deny Mitigated Negative Declaration 1606-99 based upon the findings of negative
visual and environmental impacts to the surrounding area; fire safety issues as addressed by the
Fire Chief; and findings made in the appeal.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to uphold Appeal No. 468-A
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to uphold Appeal No. 468-B.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the City Attorney and staff to help clarify access issues for future applicants.
THE CiTY COUNCIL RECESSED AT 8:45 P.M. AND RECONVENED AT 9:00 P.M.
13.2 APPEAL NO. 467 BY SOUZAN AYOUB, CONDITIONAL USE PERMIT NO.
2304-99, LUXOR RESTAURANT (A4000.0 APP-467) Tape 443
Time set for a public hearing to consider Appeal No. 467 by Souzan Ayoub concerning the
Planning Commission's denial of Conditional Use Permit 2304-99 to expand a restaurant with a
shared parking agreement on property addressed 2680-2688 N. Santiago Boulevard to allow
amplified music as a supplement to live entertainment and to allow operations on nights other
than Friday, Saturday and Sunday.
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines Section 15303.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"I am appealing the decision from the commission Board from the October 4th public hearing.
The decision was made because of undue influence from my neighbors "Salon Dusserre." The
conditions I am proposing will in no way harm the surrounding neighborhood. When given the
chance I will prove that my proposal to change my C.u.P. is within guidelines. I am a hard
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CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
working business owner trying to make my business more prosperous. I am looking forward to
seeing you the Council at the appeaL"
The Director of Community Development presented the report.
Appellant, Souzan Ayoub, 1404 N. Tustin Avenue, said she recently sold the restaurant and
asked that the new owner address the Council.
George Farag, 16561 Alliance Avenue, Tustin, commented the property is in escrow for his
purchase and requested a continuance to allow time to resolve matters.
Council advised Mr. Farag that a Conditional Use Permit currently exists for the restaurant and
confirmed Mr. Farag's understanding that the modifications requested have not been granted.
The modifications were denied by the Planning Commission and are now being appealed to the
City Council.
Lewis Crouse, 412 S. Crest, commented that this is not the first time a delay in compliance with
a City regulation or rule has been used by owners of the Luxor Restaurant and is indicative of the
way the Luxor Restaurant has been.
MOTION - Murphy
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to March 14, 2000. Notification to be provided to those that submitted
speaker cards.
13.3 APPEAL 471, VARIANCE 2067-99, TA NGUYEN AND THANG CAO (A4000.0
APP-471) Tape 960
Time set for a public hearing to consider Appeal No. 471 concerning the Planning Commission
and Zoning Administrator's denial of Variance No. 2067-99, regarding a fence exceeding the
maximum 42 inch height permitted within a front yard setback upon property located at 296 and
302 North Thora Street.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"I am appealing the Zoning Administrator's decision for the following reasons:
I. Many houses in Orange have similar fences: 2. The property across Thora Street has a wall
along the side property line, abutting the sidewalk, which is 10 feet tall. 3. Children skate along
my property and vandalize my home with eggs, ketchup, toilet paper, etc. For these reasons, I
am requesting that you save my fence."
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CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the City's ordinance requires a maximum
height of 42 inches within the front twenty feet of a single-family residential property. This
fence was built at a height of 6 Y2 feet, without City approval or a building permit. The requested
variance is a result of Code Enforcement action. The Zoning Administrator held a hearing on
September 1, 1999 and denied the request. The Planning Commission considered the applicant's
appeal on November 15, 1999 and also denied the request. The reasons for the denial are: 1) the
fence presents a potential danger for people on the sidewalk; 2) the height of the fence is
excessive; and 3) the required findings were not established per the Orange Municipal Code.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Appellant, Ta Nguyen, 296 N. Thora Street, commented the reasons for constructing the fence
approximately two years ago was for protection from the multiple burglaries that occurred at his
residence. The contractor advised Mr. Nguyen that a permit was needed if the height of the fence
exceeded 6 feet. Mr. Nguyen indicated he was unaware a permit was needed, until he was
advised by Code Enforcement that he was in violation of City code.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor of the appeal:
Catherine Turley, 5217 E. Avenue,
Julie Hill, 288 N. Thora
Reasons: Needs special consideration based upon problems specific to their location; property
does not have the privacy other neighbors do; beautifies area and raises property value for homes
in the neighborhood; the height of the wall may alter the impact of a runaway car; the wall does
not significantly impact the lives of others and provides the appellant's comfort and security.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
COUNCIL COMMENTS
Mayor pro tem Spurgeon expressed support for the appeal based on the neighborhood support
and that it does affect the health and safety of the neighborhood. Mr. Nguyen built the fence on
good faith.
Mayor Coontz expressed support for the appeal based on the multiple burglaries at the property
and that Mr. Nguyen has taken other protective measures that have not worked.
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CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez expressed opposition to the appeal. The homeowner should comply with
the City's code and seek relief from the contractor who did not advise him of the code
requirement.
Councilman Slater expressed opposl!ion to the appeal because it does not conform to the
neighborhood. As stated by the Planning Commission, the height of the existing fence is
excessive and it creates a walled-off community and does not promote a neighborly environment.
It is not appropriate to uphold a mistake because it sets a very bad precedent for the rest of the
City. He does not feel it adds value or is a credit to the neighborhood.
Councilman Murphy expressed support for the appeal for the following reasons: 1) the quality of
construction does not impact the ability for law enforcement or public safety to see in, or the
occupants to see out; and 2) the neighborhood acceptance. He does not feel it will set a
precedent. Fencing regulations need to be looked at, and perhaps consideration be given to
visual and safety issues.
Councilman Alvarez asked how the Fire Department responds to homes that are gated off? The
Fire Marshall responded that in most cases, the gate would be forced open.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to uphold the appeal by the applicant, with findings as follows: 1) that any variance
granted shall be subject to such conditions that will assure that the adjustment thereby authorized
shall not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which subject property is situated; and 2) that because of
special circumstances applicable to subject property, including size, shape, topography, location
and surrounding, the strict application of the zoning ordinance is found to deprive subject
property of privileges enjoyed by other properties in the vicinity and under identical zone
classification.
Mayor Coontz requested crime reports for the area.
MINUTE ORDER - COUNCILMAN SLATER - "Anyone can come to the Council and wave crime stats
or say they have been broken into and so forth. I think if someone is having a problem in their
neighborhood, they need to let us know or let the Police Department know, because we are
interested in doing something about it. If you're getting hit, that means that other people are too
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CITY COUNCIL MINUTES
January 25, 2000
13. PUBLIC HEARINGS (Continued)
and that is something we definitely don't want. In my opinion, there are other alternatives to
that, like putting a 42 inch high fence. That's going to do the same thing, or getting a burglar
alarm. The other thing I am concerned about is if we continue to let this happen, our city is
going to look like Santa Ana, and that is something I definitely don't want to happen. That's all I
have to say."
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council recessed to Closed Session at 10:10 p.m. and reconvened at 10:55 p.m. The
City Council adjourned at 10:55 p.m.
~[/~1iGtfA/_Mr
CASSANDRA! . CATHCART, CMC
CITY CLERK
JOANNE COON
MAYOR
PAGE 32