6/12/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JUNE 26, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING JUNE 12,2001
The City Council of the City of Orange, California convened on June 12, 2001 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez
1.3 ROLL CALL
PRESENT Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Murphy announced the return of Concerts in the Park, beginning June20, 2001,
held in the Hart Park band shell and free to the public. The Orange Symphonic Band will
perform the first concert.
2.
PUBLIC COMMENTS
TAPE 239
Michelle Turner, 417 N. Cypress St., commended the Orange Police Department for their
assistance in reducing the gang graffiti in the 400 block area of North Cypress Street.
Mary Dargatz, 2534 E. Burly Ave., addressed the issue of proposed and conflicting uses
at the Yorba Park site (softball, dog park, BMX parking) and its impacts on the
surrounding neighborhoods. Safety concerns were expressed. She asked Council to
listen to the local residents and put that site to the best use for everyone.
3.
CONSENT CALENDAR
TAPE 403
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 12, 2001 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 of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated May 17, 24 and 31, 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting May 22, 2001.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100.0 AGR-3559.A)
SUMMARY: The Orange Police Department Juvenile Diversion Program is an
alternative to formal processing of juvenile offenders who have exhibited personal or
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems.
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc. in the amount of $86,033; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002 in
account number 100-4032-427800 (General Fund-Gangs-Other Contractual Services).
3.6 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
(A2100.0 AGR-1626.D)
SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,
breath and urine evidence for the Police Department. The proposed Agreement is for the
period July 1,2001 through June 30, 2002.
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the City of Orange and California Forensic
Phlebotomy, Inc. in the amount of $31,000; and authorized the Mayor and the City Clerk
to execute the Agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002 in
account numbers 100-4031-426700 (Detectives-Other Professional & Consulting
Services) and 100-4041-426700 (Traffic-Other Professional and Consulting Services).
3.7 Amendment No.2, Agreement No. C-9-9228 with Orange County Transportation
Authority (OCTA). (A2100.0 AGR-3248.2)
SUMMARY: The City and OCTA have entered into Agreement No. C-9-9228 to
cooperatively prepare the enviromnental documents for the improvements at the SR-
57/SR-22-The City Drive Interchange. Amendment No.2 to this Agreement extends the
time of completion of these documents.
ACTION: Approved Amendment No.2 to Agreement No. C-9-9228 and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None.
3.8 Second Amendment to Agreement 3580 with the Community Services and Library
Foundations, to include use of City Hall Parking Lot B as a fundraising opportunity
for both foundations during the 2001 International Street Fair. (A2100.0 AGR-
3580.2)
SUMMARY: The initial Agreement 3580 from August 2000 allowed the Community
Services and Library Foundations to operate a pay parking lot at the locations of the
former Bank of America building at 345 East Chapman Avenue during the 2000
International Street Fair. It was modified later that month with a First Amendment
adding the Main Library parking lot, located at 101 North Center Street. Staff
recommends that the agreement be amended a second time to add the City Hall Parking
Lot B located behind the Finance Department area of the Civic Center in the 100 block of
South Grand Street between Chapman A venue and Almond Street as designated in
Exhibit C. All other terms of the original five-year agreement would remain unchanged.
ACTION: Authorized an amendment to Agreement 3580 adding City Hall Parking Lot B
to the locations authorized for operation of a pay parking lot as a fundraising opportunity
for the Community Services and Library Foundations during the 2001 International Street
Fair; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Since the Foundations will reimburse the City for staff costs (if any)
associated with the use of the parking lots as a fundraiser, there is no fiscal impact.
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
BIDS
3.9 Award of Bid, No. 001-33 to Plant Control Landscape Maintenance for Landscape
Services. (A2100.0 AGR-3248.2)
SUMMARY: It is recommended that the City Council award Bid No. 001-33 to Plant
Control Landscape Maintenance in the amount of $130,233.20 for landscape services at
City facilities, public works medians and right-of-ways, and reject all other bids. The
landscape contract is a five-year contract with one-year renewals, effective July 1,2001.
ACTION: 1) Approved the award of Bid No. 001-33 to Plant Control Landscape
Maintenance in the amount of $130,233.20; and 2) authorized the Mayor and City Clerk
to execute the contract on behalf of the City.
FISCAL IMPACT: Sufficient funds have a been budgeted for landscape maintenance
services for FY 2001-02 in the following accounts:
100-7022-424301 (Landscape Maintenance):
262-5021-424301 (Landscape Maintenance):
TOTAL:
$102,961.20
$ 27,272.00
$130,233.20
3.10 CLAIMS
(C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Pearl Chavez
b. Efren Fulgencio
c. Chris Nacionales
d. Tammy Williarns
FISCAL IMPACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
PAGE 4
L ___.
CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Change Order No. One for La Veta Park Tot-Lot Improvements (A2100.0 AGR-
3721)
SUMMARY: It is recommended that the City Council approve Change Order Number
One to Coast Recreation, Inc., in the amount of $4,327 for additional play equipment and
signage for the tot-lot at La Veta Park.
ACTION: Approved Change Order Number One to Coast Recreation, Inc. in the amount
of $4,327.
FISCAL IMPACT: Sufficient funds exist to fund this change order in the following
account: 510-7021-481105-0087 (La Veta Park): $4,327
3.12 Authorize purchase and installation of 44 uninterrupted power service (UPS)
devices. (A2100.0 AGR-3780)
SUMMARY: In anticipation of energy failures, staff has identified 44 intersections that
could be kept in full operation (not just flashing) by installing a battery backup system
(UPS). In order to implement such a system 44 UPS devices with a cabinet (for batteries)
must be purchased and installed by the manufacturer. This should provide for improved
safety and much enhanced traffic flow during blackout conditions.
ACTION: 1) Appropriated $220,000 from unappropriated Fund 272 reserves into the
Gas Tax LED Replacement Account No. 272-5032-483100-6464. 2) Authorized the
Mayor and City Clerk to execute a contract with U. S. Traffic Corp. for the purchase and
installation of uninterrupted power service (UPS) devices at 44 critical intersections.
FISCAL IMPACT: After the appropriation transfer has been made adequate funds will
be available in Account No. 272-5032-483100-6464 (Gas Tax LED Replacement
Account) $220,000.00
3.13 Award of Contract - Project No. D-136; CDBG Project - Shaffer Street Storm
Drain Improvements from Walnut Avenue to 200-feet south of Everett Place.
(A2100.0 AGR-3781)
SUMMARY: The project improvements include the construction of reinforced concrete
storm drain pipe, inlets, and junction structures along Shaffer Street north of Walnut
Avenue to intercept street runoff and reduce localized street flooding.
The bid opening was held on May 24, 2001. Fourteen formal bids were received for this
project ranging from $171,288.00 to $240,975.00. Simich Construction was the apparent
low bidder.
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
Simich Construction failed to meet the Disadvantaged Business Enterprise (DBE)
participation goal of ten (10%) percent as required by the project specifications.
Therefore, the bid received from Simich Construction is deemed non-responsive.
ACTION: Rejected the bid proposal submitted by Simich Construction as non-
responsive, and awarded Bid No. 001-36 in the amount of $179,347.00 from the second
low bidder, J. A. Salazar Construction, 14937 Rayfield Drive, La Mirada, CA 90638 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
310-9945-483400-5552 Community Development Block Grant (CDBG) - $220,000
DONATIONS
3.14 Request to Accept and Appropriate Donations from the Friends of the Orange
Public Library ($15,000) and from the Orange Chapter of Soroptimist International
($500). (C2500.I)
SUMMARY: Two substantial donations have recently been made to the Orange Public
Library. Acceptance and appropriation into the new fiscal year's budget are requested for
a $15,000 donation from the Friends of the Orange Public Library and for a $500
donation from the Orange Chapter of Soroptimist International.
ACTION: Accepted and appropriated a $15,000 donation from the Friends of the Orange
Public Library and a $500 donation from the Orange Chapter of Soroptimist
International. Receipt of both donations will be directed into the Receipt of Patron
Donations/Materials budget for additional library materials in FY 01-02 (Account # 100-
2001-293900-9986). Appropriation of both donations will be directed into the Patron
Donations/Materials fund (Account # 100-2001-443101-9986).
FISCAL IMPACT: The library's available funds for children's and adult books will
increase by $15,000 in FY 01-02 thanks to the Friends' donation. The library's available
funds for magazine subscriptions will increase by $500 in FY 01-02 thanks to the
Soroptimists'donation.
NOTE: After the motion to accept the items on the Consent Calendar, Mayor Murphy
expressed appreciation on behalf of the Council to both of the organizations for their
donations.
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
GRANTS
3.15 Governor's Office of Criminal Justice Planning (OCJP) Juvenile Accountability
Incentive Block Grant (JAIBG) (C2500.K)
SUMMARY: The Police Department has received a grant from the OCJP in the amount
of $29,052 with a cash match requirement of $3,228. The funds are earmarked for the
Orange Police Youth Services Juvenile Accountability Program whose purpose is to
identifY juvenile delinquency and initiate quick intervention, accountability and
diversion. The funds will be used for administrative and operational costs, books and
handouts, equipment purchases, and grant training.
ACTION: Appropriated a total of $32,280 in the FY 2001-02 budget to the following
accounts:
$16,300 to account number 100-4031-471301-2241 (General Fund-Detectives-
Equipment-JAIBG);
$12,752 to account number 100-4031-441600-241 (General Fund-Detectives-
Miscellaneous Material and Supplies-JAIBG);
$2,128 to account number 355-4031-441101-2241 (Federal Asset Forfeiture-Detectives-
General Office Supplies-OCJP): and
$1,100 to account number 355-4031-429300-2241 (Federal Asset Forfeiture-Detectives-
Overnight Training-OCJP) as the cash match.
Amended the FY 2001-02 Revenue Budget in the General Fund in the amount of$29,052
to reflect the receipt ofthe amount of the OCJP Grant.
FISCAL IMPACT: The City of Orange was awarded $29,052 through the OCJP JAIBG
funds. This is a reimbursable grant from the Governor's office. Unreserved fund balance
is available in the Federal Asset Forfeiture account to fund the cash match appropriation.
LIBRARY CLOSURES
3.16 Request to close the Main Library on Friday and Saturday, August 31-September 1,
during the International Street Fair. (C2500.I)
SUMMARY: Closure of the Main Library from 2-6 p.m., Friday, August 31, and from
10 am to 6 pm, on Saturday, 10 am to 6 pm., September 1, is requested to avoid
competition with the International Street Fair downtown.
ACTION:
Approved.
FISCAL IMPACT: There is no fiscal impact to closing the Main Library.
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
3.17 Request for Closure of Orange Public Libraries on August 23, 2001, for Staff
Training Day. (C2500.I)
SUMMARY: Closure of the Main Library, EI Modena Branch Library and Taft Branch
Library is requested to allow all library staffto attend a Staff Training Day as proposed in
a Library Administration work plan objective in the FY 01-02 budget.
ACTION: Approved closing of the Main Library and the El Modena and Taft Branch
Libraries on Thursday, August 23, 2001 for Staff Training Day.
FISCAL IMPACT: There is no fiscal impact to closing the library. All full-time staff
will report as scheduled and will work a standard workday. Funding for mandatory
attendance by all part-time staff is sufficient to cover this activity and their schedules will
be adjusted accordingly so that no extra hours are added.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 9454 (A2100.0 AGR-3782; AGR-3783)
TAPE 418
A Resolution of the City Council of the City of Orange approving and authorizing the
execution of (1) a Cooperation and Reimbursement Agreement by and between the City
of Orange and the Orange Redevelopment Agency for the acquisition by the City of a
pedestrian easement in the Plaza Historic District, and (2) an Easement Acquisition
Agreement by and between the City of Orange and The Courtyard in Orange, LLC, a
Delaware Limited Liability Company; and making certain findings with respect thereto.
(See Redevelopment Item No. 3.4)
Councilmember Slater asked for clarification on the thought process involved in buying
something that already exists as well as the issues of maintenance, liability, and hours
open.
The Director of Economic Development explained that the opportunity arose to work
with the developer who wanted what the City wanted for this property. The results are a
high quality development. Staff, in working with developer, recommended to Council
that assistance be made. The result is providing access to the Olive Street parking lot.
The developer, Leason Pomeroy, lost 2000 sq. ft. in retail space in order to provide this
pedestrian walkway. The rents the developer is able to get at this time warrants some
type of assistance from the Agency. It is of considerable value to the public to have this
right-of-way protected.
The Assistant City Attorney added maintenance and liability of the easement would
remain with the developer.
Councilmember Coontz commented the parking lots do not have reciprocal access.
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
The Director of Economic Development indicated staff has been authorized to perform a
study on how to consolidate parking lots with the numerous owners and discuss problems
such as drainage. The study will be ready soon.
Councilmember Alvarez questioned why these issues were not brought before the
Council at the beginning of the project at which point the Council could have approved
some type of credit being issued. Currently, Councilmember Alvarez has a hard time
using taxpayer money to pay for design features the public did not ask for and for paying
$40 thousand to only get the easement for 15 years.
Mayor Murphy summarized Council's concerns and asked that staff negotiate a longer
term for the easement; examine circulation to the lot; and that disabled access is assured.
Councilmember Coontz added the easement should include a clause addressing re-
negotiation of terms. Councilmember Alvarez feels the time period is too short and
would like some historical information on the typical length of easements granted by the
City.
Councilmember Slater stated the project design is such that it already benefits the
developer by drawing the public through the property from the parking lot. He can not
understand why the City is paying for something that already exists.
Councilmember Coontz reminded Council of various access points to the Plaza that have
disappeared in the last few years. This is one project where public access can be
preserved.
Councilmember Slater commented this developer and project were the recipients of a
recent award from Old Towne Preservation Association.
The City Manager indicated he would provide Council with a comparison of easements
in other areas that are unique and different downtown.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Moved to continue this item for 30 days.
3.19 RESOLUTION NO. 9456 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing and
restricting parking on Walnut Avenue from Cypress Street to Shaffer Street, for
construction of city storm drain and sewer improvements project.
ACTION: Approved.
PAGE 9
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9457 (L1200.0 LMD-82-1)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (82-1).
ACTION: Approved.
3.21 RESOLUTION NO. 9458 (L1200.0 LMD-82-1)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1
(Shadow Ridge) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.22 RESOLUTION NO. 9459 (LI200.0 LMD-86-2)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (86-2).
ACTION: Approved.
3.23 RESOLUTION NO. 9460 (Ll200.0 LMD-86-2)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2
(Santiago Hills) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.24 RESOLUTION NO. 9461 (L1200.0 LMD-94-1)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (94-1).
ACTION: Approved.
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 9462 (L1200.0 LMD-94-1)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1
(Sycamore Crossing) and declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting a time and place
for Public Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.26 RESOLUTION NO. 9463 (C2500.P.3)
A Resolution of the City Council of the City of Orange determining that there is a need to
continue the rehabilitation of Water Wells 23 & 24 in response to an emergency.
Well 23 is located at 3142 E. Walnut Ave. adjacent to Santiago Creek; Well 24 is located
at 2930 E. Collins Ave. next to Fire Station No.2.
ACTION: Approved.
3.27 RESOLUTION NO. 9464 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Center St.
from Chapman Avenue to Almond Avenue from 7:00 a.m. to 1:00 p.m. on Sunday,
August 26, 2001 for a Ministries' Faire at St. John's Lutheran Church.
ACTION: Approved.
3.28 RESOLUTION NO. 9465 (C2500.J.3)
A Resolution of the City Council of the City of Orange approving and adopting the Final
Disadvantaged Business Enterprise (DBE) Program and Established Overall Annual DBE
Goal of 10% for Federal Fiscal Year 2001/2002.
ACTION: Approved.
3.29 RESOLUTION NO. 9466 (C2500.M.16.1 LLN-00-8)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2000-8 adjusting lot lines of certain real property situated at 464 South Esplanade
Street and 423 South Estate Drive in the City of Orange, County of Orange, State of
California.
Owners: Robert H. Schuller and Arvella Schuller and Kittie W. Rau
ACTION: Approved.
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
3.30 RESOLUTION NO. 9467 (R3500.0)
A Resolution of the City Council of the City of Orange determining that a Project Area
Committee shall not be formed in connection with the amended and restated
Redevelopment Plan for the Southwest Original, Southwest Amendment No.1,
Southwest Amendment No.2, Southwest Amendment No.3, Tustin Street Original,
Tustin Street Amendment No.1, and Northwest Redevelopment Projects.
(See Redevelopment Item No. 3.5)
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.31 RESOLUTION NO. 9468 (S4000.S.3.1.2)
TAPE 1052
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9171,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
Councilmember Coontz voiced concern about this resolution which dramatically enlarges
the area around Chapman University and is now called the Chapman University Parking
Permit Area. It includes Shaffer Street and goes almost to Chapman Avenue, over to
Cypress Street, to Cambridge and north to just below Collins Avenue. It is recognized
there are many parking problems with universities and high schools no matter where they
are located, and the City is trying to resolve these parking problems. This change would
affect parking on Shaffer Street and have an impact on Orange High School parking.
Councilmember Coontz contacted the principal of Orange High School who indicated no
one from the City had discussed the parking plan with him. The Principal is willing to
cooperate. There are cars always parked on the west side of Shaffer Street and along
Walnut Avenue which are students and teacher's cars. Orange High School has a secured
parking lot and cars are released only at certain times. For any extensive program as this
one, the City needs to communicate with the people who will be most affected. When
Orange High School is letting students out for the day, Shaffer Street becomes very
congested and with a parking permit area on that side would create problems. Another
issue, Chapman University is planning on taking down the student dorm buildings on the
west side of Shaffer Street. There is a possibility they might want access on Shaffer
Street.
Councilmember Coontz expressed concern regarding Cypress and Lemon Streets where
The Friendly Center is located because these streets have the problem of the University's
parking structure and many of those homes along Cypress Street have no driveways.
There are continuing circulation problems through Old Towne.
Councilmember Coontz asked what kind of notification has been given to affected
residents and how this revision would impact Police costs and the permit process?
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CITY COUNCIL MINUTES
June 12,2001
3. CONSENT CALENDAR (Continued)
The Assistant City Engineer stated the current action was prompted in response to
numerous requests throughout the area. Notification was mailed to property owners in
the area; notification was sent to Orange Unified School District but probably not to the
Principal at Orange High School. Costs of police enforcement would increase. Staff is
trying to resolve the issue of reasonable parking in front of private residences impacted
by students and faculty parking in the neighborhoods.
The City Manager described the current action as a waiver of fees only. Councilmember
Coontz felt that a need for continuance for further understanding was necessary.
Councilmember Alvarez asked who enforced parking within the area, both the university
and the high school? Councilmember Alvarez asked for information on the costs of
enforcement. The Assistant City Engineer stated that the entire area is enforced by the
Orange Police Department.
MOTION - Coontz
SECOND - Slater
AYE - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Moved to continue this item for 30 days.
3.32 RESOLUTION NO. 9469 (C2500.M.16.1 LLN-OI-08)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2001-08 adjusting lot lines of certain real property described as 6612 Prescott Court,
Lot 31 and Parcel 'A' of Tract 15695 in the City of Orange, County of Orange, State of
California.
Owners: Serrano Heights 1400, LLC & Centex Homes, A General Partnership
ACTION: Approved.
3.33 RESOLUTION NO. 9470 (C2500.M.16.1 LLN-OI-09)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2001-09 adjusting lot lines of certain real property described as 6775 Boscana Court,
Lot 82 and 6781 Boscana Court, Lot 83 of Tract 15695 in the City of Orange, County of
Orange, State of California.
Owners: Centex Homes, A General Partnership & Derek S. and Rosalie A. Brown
ACTION: Approved.
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CITY COUNCIL MINUTES
June 12, 2001
3. CONSENT CALENDAR (Continued)
3.34 RESOLUTION NO. 9471 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring weeds a public nuisance
and initiating abatement proceedings.
ACTION: Approved.
3.35 RESOLUTION NO. 9472 (A2100.0 AGR-3784)
A Resolution of the City Council of the City of Orange finding and determining that the
public interest, convenience and necessity require, and ordering, the acquisition for
public purposes of certain tax-defaulted real property from the County of Orange and
approving the terms and conditions and authorizing the execution of an Agreement to
Purchase Tax-Defaulted Property.
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Items 3.18 and 3.31 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :20 p.m. to a closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
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CITY COUNCIL MINUTES
June 12,2001
11. RECESS TO CLOSED SESSION (cONTINUED)
Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court Case
No.01CC02712
City of Orange v. Jeffrey A. Hambarian, et aI., Orange County Superior Court Case No. 80-74-
19
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Mark Burkhardt, address on file, requested the McPherson Neighborhood Committee, approved
in concept by the Council, be notified when City staff meets with other groups that have
concerns that impact the McPherson neighborhood.
The City Manager responded staff has been meeting with people regarding the dog park at Yorba
Park. It will up to individuals to notifY Mr. Burkhardt, not staff.
Bob Bennyhoff, OPA, expressed concern over the showing of favoritism to anyone committee.
13. PUBLIC HEARINGS
13.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM:
TAPE 1623
The public hearing to consider increasing the fees for the City's Transportation Systems
improvement Program (TSIP) by 13.69% for all fee categories within TSIP Areas A, B and C
based on the same percentage increase in the Price Index for Selected Highway Construction
Items for the two year period ending December 31, 2000, prepared by the California Department
of Transportation, was continued to this time from April 10, and May 8, 2001.
NOTE: Staff is recommending the public hearing be continued to July 24, 2001 to allow staff
additional time to complete the required surveys.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to continue this item to July 24, 2001.
13.2 SPECIAL EVENTS, ORDINANCE NO. 6-01: (A2500.0)
TAPE 1640
Time set for a public hearing on petition by the City of Orange to consider a proposal to replace
Chapter 5.7, Special Events in the Orange Municipal Code with a new revised and relocated \
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CITY COUNCIL MINUTES
June 12,2001
13. PUBLIC HEARINGS (Continued)
Section 17.46 Special Events in order to better define and clarifY current provisions of the code
and to place regulations pertaining to temporary use of land in the Zoning Chapter rather than the
Business Tax and Regulation Chapter of the Orange Municipal Code.
The staff report was presented by the Community Development Director who reported special
events are temporary; does include commercial sales; and their duration are limited to no more
than twice a year with a duration of nine days at a time. This has been heard by the Planning
Commission and they are recommending approval.
Councilmember Coontz asked how the ordinance impacts events held on City property and non-
commercial property? What are the rules or restrictions for events held on City property and
those involving food?
The Community Development Director reported that events on City property are not regulated
by the Orange Municipal Code, nor does the City have the ability to control events at other
public agency sites.
The City Attorney responded the ordinance is designed for special events that occur on private
property not designed for the event. Park/school venues are designed for special events.
Councilmember Alvarez also expressed concern for special events held at private schools; that
the neighbors get upset when they are not notified; and asked how the City will hold them
accountable?
The Community Development Director responded that private or church schools would fall
under this special events ordinance.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Councilmember Coontz requested more information on what the policies are for regulating
events on City property.
Council Action:
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Found that the project is categorically exempt from the proVISiOns of the California
Enviromnental Quality Act, per State CEQA Guidelines Section 15305.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
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CITY COUNCIL MINUTES
June 12,2001
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 6-01 (First Reading)
An Ordinance of the City Council of the City of Orange adding Chapter 17.46 to the Orange
Municipal Code regulating Special Events.
That Ordinance No. 6-01 be read by title only and same was set for second reading by the
preceding vote.
TAPE 1960
13.3 SANTIAGO CREEK TRAIL, NEGATIVE DECLARATION NO. ENV 1671-01
(NI200.0 NEG-ENV-1671-01)
Time set for public hearing to consider Negative Declaration ENV 1671-00 for a bicycle trail
along Santiago Creek, from the Orange/Santa Ana boundary to east of the 55 Freeway. Negative
Declaration ENV 1671-01 was prepared to evaluate the enviromnental impacts of the project and
concludes that the project will not have a significant adverse affect with incorporation of
measures that will mitigate impacts related to biological resources, land use, noise and traffic
safety.
The Director of Community Development introduced Principal Planner, Joan Wolfe who
reported thirteen public meetings have been held on this project. Included with the staff report is
a booklet of public comments and responses and a mitigation monitoring program. This segment
of the Santiago Creek Bike Trail joins up at the westerly edge of the City with the trail from
Santa Ana and is consistent with the City's Master Plan of Bikeways. This is a regional trail.
The outlet of the trail will be at Palmyra Avenue. Removal of any vegetation will be minimal
and subject to permits from the Army Corps of Engineers and Department of Fish and Game.
The current focus is on laying the lO-foot wide paved trail rather than on amenities such as
landscaping and benches.
There is a need to cross the YMCA property to connect to Palmyra Avenue. There have been
preliminary meetings with the YMCA and they have expressed a willingness to discuss the
project. If for some reason there would be no agreement to obtain an easement, the trail can be
extended further to Y orba Park and punched through to the City Park as an outlet. Construction
of the trail will be carefully monitored for noise. The trail does not allow vehicular traffic so
noise is not a problem. The trail will have signage for safety. With the implementation of the
mitigation measures the project will not have a significant adverse impact on the enviromnent.
Councilmember Alvarez asked if other agencies involved were ready to approve the project. The
Principal Planner indicated all regulatory permits had been secured.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Speakers in favor of Negative Declaration No. Env. 1671-01:
Roy Shahbazian, 3808 E. Palm
Shirley Grindle, address on file
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CITY COUNCIL MINUTES
June 12,2001
13. PUBLIC HEARINGS (Continued)
Mark Bowie, 604 S. Grand
Bob Bennyhoff, 10642 Morada Dr.
Mark Burkhardt, address on file
Mel Vernon, 363 Lincoln
Marilyn Ganahl, 20351 Lewis Dr.
Bea Tiritilli, 825 Clemensen
Marisa Timothy, 3630 E. Ruth PI.
Marilyn Moore, 2707 Killlingsworth
Arlen Craig, address on file
Howard DeCruyenaere, 1825 Albion Ave., Santa Ana
Expressing concerns: Diana Stephens, 1323 E. Fairway Dr. requested that signs be posted
stating no motorized vehicles including scooters, dogs need to be on a leash and speed limits.
The following speakers expressed concerns regarding funding, liability and maintenance issues
for residents who live in the Sycamore Crossing development:
Mark Sedam, 521 E. Evergreen
Fonda Lacerra, 1217 Sedona
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING. TAPE 2857
The Community Development Director stated there was no mechanism or desire from the City to
assess the homeowners at Sycamore Crossing for additional trail maintenance. The City
Attorney commented to the extent the homeowners maintain the trail, they could be possibly
liable for any dangerous conditions, but it is not any different from any other assessment district
in the City. Also, with respect to the assessment district, the City would not have any authority
to unilaterally add any additional maintenance responsibilities. The property owners would have
to approve any change themselves.
The Community Development Director assured Council the posting of signs for no motorized
vehicles will be done. As for dogs not on leashes, the north side of the creek is not part of
existing bikeway area which makes it incumbent upon homeowners to report problems.
Completion of this segment of the bike trail will give the police bike team greater access and
ability to patrol the area.
The Assistant City Engineer indicated on the existing trail, the above mentioned signs will be
installed immediately. Also, in the senior area, speed limit signs will be posted. He spoke on the
alternative surfaces issue of the trail; some segments of the trail will retain some existing
concrete surfaces so as not to remove existing green areas. The suggested cut through existing
wall for increased pedestrian access falls under future amenities. Staff is looking for another
crossing at Cambridge.
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CITY COUNCIL MINUTES
June 12,2001
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how much of this project will Council approve? The Community
Development Director commented only the Negative Declaration is for Council's approval at
this time. The project will be scheduled for Council approval in the future.
The Assistant City Engineer further indicated the approvals on this segment are from the State.
The City has to provide the State the enviromnental documentation and then the City would have
the authorization to move ahead and seek advertisement and award of bids returning to Council
with the final plan for approval.
Mayor Murphy congratulated staff for their involvement and the public for their participation
and patience throughout this process.
Councilmember Coontz commented this is long overdue. The grant funds helped move it
forward and it is finally a realization. During past budget sessions Councilmember Coontz
commented Hart Park is a great place to begin the trail. Many people came together, experts,
staff and residents to make this happen.
Councilman Alvarez commended Howard DeCruyenaere who has spent a tremendous amount of
his time supporting the trail.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to approved Negative Declaration ENV 1671-01.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
The City Council adjourned at 8:25 p.m.
CAfA1~_U_,-'2u.~6~ A./ Ad
CASSANDRA J. THCART, CMC
CITY CLERK
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MARKA.
MAYOR
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