9/12/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 26, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 12, 2000
The City Council of the City of Orange, California convened on September 12, 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
Given by Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (C25500.N)
The Council recognized Teen Volunteers who assisted the Orange Public Library in this
year's Summer Reading Club, "Library Kids Lead the Way."
Mayor Coontz announced:
· Council will adjourn in memory of Barbara Bozman, Secretary, Police
Department
· The Street Fair held over the Labor Day Weekend attracted approximately
800,000 people this year, and was the best Street Fair yet.
· A Joint Use Soccer Field between Santiago Canyon College and the City of
Orange was dedicated on August 25th. The proclamation originally scheduled to
be presented to Dr. Mark Rocha, President of Santiago Canyon College will be
presented at a later date when the agreement between the City and Santiago
Canyon College is prepared.
2. PUBLIC COMMENTS
Steve Ambriz, 118 S. Woodlawn, who proposed marriage to his girlfriend on the center stage at
the Street Fair, publicly thanked the Mayor and the City Council, Street Fair President Judy
Sollee, Council Secretary Diane Hornsby and the news media for their part in helping him with
the surprise. He introduced his fiancee Bridget Gardner.
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CITY COUNCIL MINUTES
September 12, :2000
3. PUBLIC COMMENTS (Continued)
Mr. Jim Cline, 2603 Riding Way, submitted a list of concerns regarding the construction at
Lutheran High School indicating they do not seem to be adhering to the conditions of their
Conditional Use Permit. His concerns included the security gates not closing in the evening,
school staff not providing traffic control during peak hours of school traffic, the neighbors not
being notified of school special events and construction occurring at night. The City Manager
was instructed to work with Mr. Cline in resolving these issues and provide Council with a copy
of the list of concerns.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove ~m
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 12, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated August 17, 24, 31, 2000.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, August 22, 2000.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
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CITY COUNCIL MINUTES
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3.5 Third Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart. This firm represents the City in litigation matters related to
landfill decomposition gas from Yorba Park. (AZlOO.O AGR-2886.IV.3)
SUMMARY: The City currently has an agreement with Woodruff, Spradlin & Smart for
an amount not to exceed $70,000 to provide legal services in connection with matters
related to the environmental condition ofYorba Park. The City Attorney is requesting
that an additional $110,000 be appropriated for continued legal services.
ACTION: 1) Appropriated $110,000 from SelfInsurance Fund unreserved fund balance
to account 100-0301-426100; and 2) Approved and authorized the Mayor and City
Clerk to execute the Third Amendment to Attorney Services Agreement with Woodruff,
Spradlin & Smart on behalf of the City. NOTE: Mayor pro tem Spurgeon abstained on
this item due to a business conflict.
FISCAL IMP ACT: Funds to be appropriated from unreserved funds to the Legal
Services Account No. 100-0301-426100.
(REMOVED AND HEARD SEPARATELY)
3.6 Agreement with Level 3 Communications for the placement of telecommunications
and telephone facilities in City streets. (A2100.0 AGR-3601)
SUMMARY: Level 3 Communications desires to place telephone and
telecommunications facilities in City streets. Level3's project will simply traverse the
City to connect points outside of the City and will not provide telecommunications
services to City residents or businesses. In exchange for permitting Level 3 to place its
facilities in City streets, Level 3 has agreed to bear the construction costs for placing a
City-owned fiber optic line and pull boxes in Tustin Street. The City will utilize this
fiber optic line to interconnect traffic signals on Tustin Street to enhance traffic control.
Public Works estimates that the agreement will save the City several hundred thousand
dollars in construction costs as opposed to the City installing the fiber optic line as an
independent project.
Mayor Coontz asked for a more detailed explanation of this item and how it will affect
City streets.
The Assistant City Engineer reported this is an example of a public-private partnership.
Level 3 Communications wants to install fiber optic lines through the City, but will not
be providing telecommunication services to City businesses or residents at this time.
They originally proposed installing the lines along Tustin Street, but have agreed to
install them under the sidewalk instead of tearing up the street, and will be boring the
conduit which requires less construction. Also, there will be no construction between
Thanksgiving and New Years to interfere with holiday traffic. Level 3 has also agreed to
install extra conduit for a future traffic signal interconnect system for the City, which will
save several hundred thousand dollars in trenching and other construction costs the City
would have incurred had they done the project independently.
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CITY COUNCIL MINUTES
September 12, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz asked for clarity on the interconnect traffic signal system along Tustin
Street and on current federal and state laws for telecommunications system.
The Assistant City Engineer explained the interconnect system will run along Tustin
Street to help coordinate signals moving traffic more efficiently.
The City Attorney explained federal law does require cities to allow telecommunications
providers to use public streets with reasonable terms and conditions. Current issues in
the State deal with whether cites can charge rental fees for the use of streets. Cable
operators can be charged a franchise fee which is the cable operators' payment for the use
of public property to develop their cable operations. However, this issue is unclear for
telecommunication providers. Since it has not been decided at the State level, the City
and Level 3 Communications have agreed to disagree on this issue and enter into this
cooperative agreement which is of significant financial benefit to the City.
Councilman Alvarez asked about the existing overhead lines along Tustin Street.
The Assistant City Engineer explained they are trying to discourage additional overhead
lines and are trying to keep everything underground.
Mr. Todd Rahimi, Level 3 Communications, 129 Overland Court, Lafayette, Colorado,
explained they are constructing the largest fiber optic network in the world. Part of that
plan is to have the system underground which provides a greater level of security for both
their company and their customers; and most cities are trying to get facilities in the
ground as opposed to in the air. Their cabling can be used in the future for other
purposes and are willing to utilize their technology and knowledge to enable the City to
improve infrastructure.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $61,510 from unreserved fund balance to Account No. 550-5032-
485100-2999 (Reimbursed Capital Projects Account); and approve the agreement with
Level 3 Communications and authorize the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The City will be reimbursed for these expenditures from County
Growth Management Area (GMA) funds.
APPROPRIATIONS
3.7 Appropriation for Jeff Franzen, CPA. (A2100.0 AGR-2854.3)
SUMMARY: Jeff Franzen was initially retained in 1997 by the Police Department to
assist in its investigation of possible fraud by the City's former solid waste haulers
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CITY COUNCIL MINUTES
September 12, 2000
3. CONSENT CALENDAR (Continued)
Orange Resource Recovery Systems (ORRS) and Orange Disposal Services (ODS). Mr.
Franzen is a CPA who has been performing the bulk of the forensic accounting work in
the District Attorney's ongoing criminal prosecution of Mr. JeffHambarian.
ACTION: Appropriated $80,000 to Account 220-4031-426700 (Sanitation Fund - Police
Detectives - Professional and Consultant Services).
FISCAL SUMMARY: Unreserved fund balance is available in the Sanitation Fund to
fund this appropriation. The City will seek reimbursement for these costs through
current legal actions.
BIDS
3.8 Final Contract Change Order; Bid No. 990-01; Project No. SP-3239A, Phase IB,
Tustin Street Rehabilitation from La Veta Avenue to Fairhaven Street.
(A2100.0 AGR-3309)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
final as-built quantities at contract unit prices and unforeseen extra work beyond the
original scope of work. The total contract cost for this project is $422,921.44.
ACTION: Approved a Contract Change Order No.1 in the amount of $21,704.44 to
Sequel Contractors, Inc. for the additional quantities at contract unit prices and extra
work at agreed price.
FISCAL IMPACT: Funds are budgeted or are available in the following account: 272-
5011-483300-4037 $21,704.44 (Gas Tax)
3.9 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Viquar Ahmed
b. Mark Richter
c. Video Equipment Rentals
d. Gloria Young
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
RESOLUTIONS
3.10 RESOLUTION NO. 9327 (A4000.0 APP-477)
A Resolution of the City Council of the City of Orange overruling the decision of the
Planning Commission and upholding Appeal No. 477, denying a request to allow
substantial on-site improvements and additional burial facilities at Holy Sepulcher
Cemetery upon property located at 7845 Santiago Canyon Road.
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September 12,2000
3. CONSENT CALENDAR (Continued)
Appeal No. 477, Conditional Use Permit 2311-99
Applicant: Roman Catholic Bishop of Orange, Appellant: Mayor Joanne Coontz
ACTION: Approved.
3.11 RESOLUTION NO. 9330 (AZIOO.O AGR-3501)
A Resolution of the City Council of the City of Orange finally accepting the completion
ofa certain public work and improvement; Bid No. 990-14; SP-3239E; Excel Paving
Company; Street Rehabilitation Improvement for Glassell Street from Maple Avenue to
Walnut Avenue.
ACTION: Approved.
3.12 RESOLUTION NO. 9331 (C2500.K)
A Resolution of the City Council of the City of Orange in memory of Barbara Bozmarl,
Secretary, expressing appreciation for twenty-five years ofloyal and dedicated service to
the Orange Police Department.
ACTION: Approved.
SPECIAL EVENTS
3.13 Request for the temporary closure of the municipal parking lot at 170 S. Olive St.
(adjacent to the Senior Center) on Saturday, October 14, 2000, for a special event..
(P2500.0.9)
SUMMARY: Orange Elderly Services, Inc. is requesting the temporary closure of the
municipal parking lot No. F, on the east side of the block adjacent to their building, to
hold their 2nd Annual "Casino Night" fund raising event. This year's event will be co-
sponsored by both the Elderly Services and the Kiwanis Club of Orange. The parking lot
will be used to allow for both a band and food to be served outside, which provides for
the casino activities to be conducted inside the senior center. Attendance is anticipated at
300 this year.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
Mayor pro tem Spurgeon abstained on Item 3.5. Item 3.6 was removed and heard
separately. The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR COONTZ
4.1 S.T.O.M.P. (Stop Tagging On My Property) - New Graffiti Program (C2500.K)
The Police Chief reported the S.T.O.M.P. Program is a new proactive program to deal with the
graffiti problem, and works in conjunction with existing programs. He complimented the Police
Gang Unit who created the program concept and logo. The logo is a very clever idea and they
hope to copyright it. He introduced members of the Police Gang Unit - Dave Jensen, Pat
Thayer, Shawn Travis, Roger Belville and Mark Bailey.
Pat Thayer explained they developed the idea to effectively attack graffiti problems. The
program encompasses four areas - awareness, prevention, information and education; and works
in conjunction with Public Works who are responsible for removing graffiti. They hope to
improve communication with the community and have established a "tagger hotline" for
identifying and turning in taggers. Since launching the program, they have already arrested five
taggers, one of whom is probably the most notorious tagger in the City of Orange. They have
received generous support from both Home Depot, who has provided paint and materials; and
Sunny Smith Graphics, who has provided t-shirts.
The City Manager reported this would be a good opportunity for the media to inform the
community of this program; and they already have plans for articles in national magazines.
The City Attorney reported the City has a reward program for turning in taggers.
4.2 Update on the Veterans Memorial
Mayor Coontz introduced the following members of the community who made presentations and
donations received at the recent Street Fair to the Veterans Memorial Committee.
Dick Meadows, Orange Rotary Club, presented a check for $2,000.
Ahmed Tabasi, Kiwanis Club of Orange, presented a check for $1,000.
Mike Learokos, owner of Katella Grill, and member of the Veterans Memorial Committee,
presented a check for $5,066.03. Lieutenant Colonel Joe Ruthenberg introduced student ROTC
cadets who volunteered to help raise money for the Memorial at the Street Fair.
John Whiteriver, American Legion, presented a check for $1,975.22.
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CITY COUNCIL MINUTES
September 12,2000
4 REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz explained the Veterans Memorial Committee is accepting donations for the
memorial which will be dedicated on Veterans Day, November 11, 2000. Donations can be
mailed to the Committee at the Civic Center address.
5. REPORTS FROM COUNCILMEMBERS
Councilman Slater reminded Council he asked several months ago to schedule a Study Session to
discuss the Sully-Miller site and how the Master Plan of Parks relates to that site. Since an
application has been received by the City, he requested they move ahead with this Study Session
as soon as possible.
The City Manger reported he had received this past week important demographic information
from the School District, which is a key component to this discussion. Staff will need a few
weeks to analyze this information, after which he will report back to the Council with a date for a
Study Session. It was reported the Orange Unified School District Board had also just receiv(:d
the demographic information and also needed time to review the issues before moving forward.
In response to Council's question on the status of the application submitted for this site, the
Principal Planner explained the City was evaluating the environmental information and are
waiting for more detailed documentation before moving forward with the application.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER _ None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 16-00 (A2500.0 ORD 16-00)
An Ordinance of the City Council of the City of Orange repealing Chapter 12.12 and 12.52 of
the Orange Municipal Code and adding new Chapter 12.52 to the Orange Municipal Code
relating to right of way dedication and public infrastructure improvements.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 16-00 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
September 12, 2000
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 17-00 (A1500.0 ORD 17-00)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Establishes a 35 MPH speed limit on Skylark Place between Canyon View Ave. and Newport
Blvd.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 17-00 be read by title only and same was set for second reading by
the preceding vote.
9.3 ORDINANCE NO. 18-00 (A2500.0 ORD 18-00)
An Ordinance of the City Council of the City of Orange amending Section 12.18.180 of the
Orange Municipal Code amending the effective date for the Outdoor Dining Ordinance by
postponing the date from September, 2000 to September 200 I after the Plaza construction is
completed.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSTAIN - Alvarez
Moved that Ordinance No. 18-00 be read by title only and same was set for second reading by
the preceding vote.
NOTE: Councilman Alvarez abstained due to a business conflict, as his business is within 300
feet of the subject property.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the following item to be added to the Closed Session arose after the posting of the
agenda:
Robertson vs. City of Orange, Orange County Superior Court Case No. 815120
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CITY COUNCIL MINUTES
September 12, 2000
11. RECESS TO CLOSED SESSION (Continued)
The City Council recessed at 5:33 p.m. to a Closed Session for the following purposes:
a. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
Boy Scout Troop 1442 was introduced. They were attending the Council meeting as part of a
merit badge requirement.
12. PUBLIC COMMENTS - None.
13.
PUBLIC HEARINGS
TAPE 1770
13.1 CONDITIONAL USE PERMIT NO. 2328-00, RANDY AND ANN HARRIS:
(C3300.0 CUP 2328-00)
The public hearing on petition by Randy and Ann Harris to consider Conditional Use Permit No.
2328-00 to allow the construction of an accessory second housing unit in conjunction with the
construction of a new residence located at 1802 N. Kimbark Lane was continued from August
22,2000.
NOTE: This project is categorically exempt from the provisions ofthe California Environmental
Quality Act.
The City's Principal Planner reported this is a request to add a 525 square foot accessory second
unit to a new residence. The proposal include an attached two car garage for the main residence
and a separate two car garage for the accessory unit on a one acre site.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Mr. Randy Harris, Applicant, was available to answer questions.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to find the project is categorically exempt from the provisions of the California
Environmental Quality Act, per State CEQA Guidelines Section 15301.
MOTION - Murphy
SECOND - Alvarez
A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
September 12,2000
13. PUBLIC HEARINGS (Continued)
Moved to approve Conditional Use Permit 2328-00 as outlined in Planning Commission
Resolution No. PC-34-00.
13.2 ZONE CHANGE 1206-00, LESLIE O. PERSOHN FOR JAMES A. SHAB:
(Z1500.0 ZC 1206-00)
Time set for a public hearing to consider Zone Change 1206-00, a proposal to change the zoning
classification for a 1.4 acre parcel to R-1-40 (Residential, Single Family, minimum lot size
43,560 square feet) from A-I (Agricultural) upon property located at 487 N. Equestrian Drive.
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act.
The City's Principal Planner gave a brief report on the proposal, indicating this zone change will
make the subject property consistent with surrounding properties.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Mr. Leslie Persohn, 424 E. Bay Street, Costa Mesa, Applicant representing James Shab own,:r of
the property, was available to answer questions.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING
MOTION - Alvarez
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to find the project is categorically exempt from the provIsIons of the California
Environmental Quality Act per State CEQA Guidelines Section 15305.
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Zone Change 1206-00 as outlined in Planning Commission Resolution No.
PC-48-00.
14. PLANNING AND ENVIRONMENT - None.
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CITY COUNCIL MINUTES
September 12, 2000
15. ADJOURNMENT
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 7:15 p.m. in memory of Barbara Bozman, Secretary for the Police
Department.
~."u~ d-;1'AbrA--/~
CASSANDRA J{tATHCART, CMC
CITY CLERK
I: /., i
/ 7&1 'V~
JOANNE COONTZ
MAYOR
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