6/26/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JULY ro, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 26 2001
,
The City Council of the City of Orange, California convened on June 26,2001 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 Larry Powers, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Service Awards: (C2500.J,4.l8)
Saundra Watson ~ Police, Robert Baehner - Water, Jon Gorton - Police; William Dalton
- Fire, James Huff - Fire, Kenton Keilholtz ~ Fire, Alan Rich - Fire, Valerie Chan -
Library, Andrea Jaso - City Attorney, Roberta Felix - Police, Michael Corbett ~ Police,
and Irene Carney - Library,
Not present: Joe Moreland - Community Services, Robert Morris - Fire, and Steven
Ames ~Police,
Mayor Murphy announced Resolution No, 9479 was to be removed from the Consent
Calendar for adoption and presentation since the recipient was present.
MOTION - Slater
SECOND ~ Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Approved.
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CITY COUNCIL MINUTES
June 26, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTSIINTRODUCTIONS (Continued)
RESOLUTION NO. 9479
A Resolution of the City Council ofthe City of Orange expressing appreciation to Lori A,
Benicky of the Orange Finance Department and commending her for more than twenty
years ofloyal and dedicated service.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Approved,
Resolution No, 9479 was presented to Lori Benicky, commending her for more than
twenty years of loyal and dedicated service.
Gary Wann, Director of Community/Library Services introduced Paul Lobato, new Park
Maintenance Superintendent.
Proclamation was presented to Steve Smith, Water Division Manager, announcing high
rating of City's 1999 Consumer Confidence Report and recognizing Water Division staff
for producing this outstanding and informative report,
Awards were presented to the 4th & 5th grade team from Taft Elementary School, 2nd
place winners in the Destination ImagiNation Global Finals in Knoxville, TN. Team
manager: Jamie Fingal. Sue Zager explained the competition and introduced the children
from Taft School.
Mayor Murphy announced:
· The City's Annual 3rd of July event and fireworks show will take place at Fred Kelly
Stadium on July 3, 2001.
· The Concerts in the Park series begins Wednesday, June 27th at Hart Park at 7:00 p,m,
· The Orange Park Acres 4th of July Parade
2. PUBLIC COMMENTS
Ray Peterson, 2902 E, Hillcrest, asked for a response from the City to a letter he sent
regarding a code violation, The City Manager will respond to Mr. Peterson.
Margaret Manson, 600 E. Jefferson, stated she attended a community meeting to discuss
the Y orba Park development and thanked the City staff, especially Pamela Gallera of
Community Services, for their efforts in developing this park, noting the City is working
on a compromise situation to ensure the needs of the entire community are met.
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CITY COUNCIL MINUTES
June 26, 2001
2. PUBLIC COMMENTS (Continued)
Sandy Sladen, 600 E. Jefferson, spoke on the Yorba Park development, expressing
appreciation to the City for finding solutions for all members of the community.
Jim Cline, 2603 Riding Way, spoke on neighborhood committees and the participation of
staff and Councilmembers, urging Council to proceed with encouraging more of these
types of neighborhood committees with caution; and thanked the City Attorney for his
efforts in the Vista Royale lawsuit.
Donald Paris, 437 S. Earlham, spoke on the City Ordinance prohibiting the parking of
RVs and boats in front yard setbacks, He asked the City to look into this Ordinance, as it
is an expense to homeowners to have to store RVs and boats elsewhere,
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 an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 26, 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 June 7 and 14, 2001.
ACTION:
Approved.
3.3 Request approval of City Conncil Minutes, Regular Meeting June 12, 2001.
ACTION:
Approved,
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved,
3.5 Receive and file the City Treasurer's Report, period ending May 31, 2001. (C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Second Amendment to Agreement with the law firm of Rutan and Tucker to
continue to represent the City in its lawsuit filed against Jeff Hambarian, BKK and
other defendants, for losses associated with the ORRS/ODS trash contracts.
(A2l 00,0 AGR-31 84.A2)
SUMMARY: The City has an agreement with Rutan and Tucker for an amount not to
exceed $500,000 to provide legal services in connection with the lawsuit filed by the City
against Jeff Hambarian, et at That amount has been expended and the request is to
increase the not to exceed amount from $500,000 to $750,000.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Amendment
to Agreement with Rutan and Tucker on behalf of the City for an amount not to exceed
$750,000.
FISCAL IMPACT: Funds are available in Sanitation Fund Account No. 220-5022-
426700.
3.7 An Agreement with the law firm of Liebert Cassidy Whitmore. This firm represents
the City in various safety personnel matters.
(A2l00.0 AGR-l042,0)
SUMMARY: The City currently has an agreement with Liebert Cassidy Whitmore for
an amount not to exceed $100,000 to provide personnel legal services, That amount has
been expended and therefore, the City would like to enter into a new contract for the new
fiscal year.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Agreement
with Liebert Cassidy Whitmore on behalf of the City for an amount not to exceed
$75,000,
FISCAL IMP ACT: Sufficient funds are available in the Personnel Legal Services
Account No. 100-0301-426100-9865,
3.8 Agreement between the City and Orange Elderly Services, Inc. (A2l00,0 AGR-0974.Q)
SUMMARY: Approval of the annual agreement in the amount of $255,000 between the
City and Orange Elderly Services, Inc. for the operation of senior programs FY 2001-02.
ACTION: Approved the annual agreement between the City and Orange Elderly
Services, Inc. in the amount of $255,000, to provide services for senior citizens in Orange
at the Senior Citizens Center; and authorized the Mayor and City Clerk to execute the
annual Agreement on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted for FY 2001-2002 in the following accounts:
100-7041-426700 (Contractual Services): $249,000, and 100-0201-426700 (Other
Professional & Consulting Services- City Manager) $6,000 - Total $255,000,
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
3.9 A Fourth amendment to an existing professional service contract with a private
building plan check firm to provide on-site plan checks and related public counter
services for the Building Division. (A2100.0 AGR-3375.4)
SUMMARY: The goal of the Building Division is to provide quality plan checking
services at the public counter throughout the business day, The Department continues to
experience a staff shortage, which makes it difficult to meet that goal. This Fourth
amendment will provide for a continued, but temporary, augment of our existing staff
with the use of an on-site plan check consultant.
ACTION: Authorized the Mayor and City Clerk to execute a Fourth amendment to the
existing professional service contract with CSG Consultants, not to exceed an additional
$39,000, for a total contract, to date, of$109,000,
FISCAL IMPACT: Funding for this type of contractual service has been requested and
approved with the fiscal year 2000-2001 budget. $39,000 from line item 100-6033-
427800-0000 Other Contractual Services will be used.
APPROPRIATION OF FUNDS
3.10 Appropriation of funds for Phase II of Geotechnical Consulting Contract with
Constant & Dickey, Inc. to Continue Monitoring of Ground Movement at Vista
Royale and Peralta Point developments. (A2100,0 AGR-3733.l)
SUMMARY: On October 12, 1999, the Council appropriated $200,000 additional
funding for this project. At the end of FY99-00, the total unencumbered appropriation
was $244,531.78, Of this amount, only $50,000 was a carryover in the FYOO-OI budget.
This budget is now nearly depleted, Additional funding is needed to continue the
geotechnical investigation and to perform grading inspection.
ACTION: Re-appropriated the unspent amount of $194,531.78, approved on October
12, 1999, to Account No. 100-5012-426700-4990-00106; and authorized the Mayor and
City Clerk to execute Amendments to the existing contract to Constant & Dickey, Inc. in
the amount of$50,000 increments,
FISCAL IMPACT: Additional appropriation in the amount of $194,531.78 to Account
No, 100-5012-426700-4990-00106 (Consulting Services - Vista Royale) is requested.
3.11 Fund Transfer for Master Plan ofEI Camino and Yorba Parks (C2300.H)
SUMMARY: The City Council approved an award of bid to Purkiss Rose-RSI in an
amount not to exceed $55,000 to prepare the Master Plans for EI Camino and Yorba
Parks, and a transfer of an appropriation of funds allocated to the Park, Planning and
Development of Fund (510). The transfer appropriated funds to the EI Camino Park
Renovation only, However, an account for Yorba Park Master Plan has been created and
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
a transfer of appropriated funds in the amount of $34,000 from the El Camino Park
Renovation to the Y orba Park Master Plan is required.
ACTION: Transferred appropriation from funds allocated to the Park, Acquisition and
Development Fund (510), account, 510-7021-481105-0607 (EI Camino Park Renovation)
in the amount of $34,000 to account, 510-7021-485100-0155 (Yorba Park Master Plan.)
FISCAL IMPACT: No Fiscal Impact
3.12 Fee Waiver for Park Rental at Killefer Park
(C2500.M.4.8)
SUMMARY: The City is required to charge a rental fee to persons or groups utilizing its
facilities. Household of Faith Family church is requesting the use of Killefer Park on
July 21, 2001 from 8:00 a.m. to 6:00 p.m. for their annual Unity in the Community event.
Household of Faith Family Church is requesting that the $200 fee be waived.
ACTION: Approved the fee waiver in the amount of $200 for use of Killefer Park by
Household of Faith Church.
FISCAL IMPACT: The waiver ofthe rental fees for the use of Killefer Park would result
in the loss of revenue in the amount of$200.
BIDS
3.13 Award of Bid Nos. 001-34 and 001-39 for One 10-Wheell0 Ton Crane and One 10-
Wheel 16 Ton Crane. (A2100.0 AGR-3794 / 3795)
SUMMARY: One 10-WheellO Ton Crane and One 10-Whee116 Ton Crane have been
scheduled for replacement as part of the approved vehicle replacement schedule in the
FY 2000/2001 budget for use by the Street Division of the Public Works Department.
ACTION: Awarded Bid Nos. 001-34 and 001-39 to Coast Crane Company in the amount
of $240,623.70; authorized the Mayor and City Clerk to execute on behalf of the City;
and authorized the City Manager to surplus the replaced vehicles at an auction.
FISCAL IMPACT: Funds in the amount of $240,623.70 are budgeted and available in the
Account #720-5023-472102, Motor Vehicle Replacement
CLAIMS
3.14 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages: (C3200.0)
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
a. Juanita Clark
b. Toni Craig
c. Mike Kotwasinski
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Amendment No.1 to Contract AGR-0332.D between the City of Orange and Peek
Traffic/Signal Maintenance Inc. (SMI), in the amount of $121,525.00 to provide
traffic signal maintenance services citywide. (A2100.0 AGR-0332.D.1)
SUMMARY: Peek/SMI was awarded a contract, on a competitive basis, for traffic signal
maintenance services for the City in July 2000. The contract allows for annual renewals
for up to two (2) years based on mutual agreement.
ACTION: Approved Amendment No. 1 to Contract AGR-0332.D for traffic signal
maintenance between the City of Orange and Peek Traffic/Signal Maintenance, Inc.
(SMI), in an annual amount not to exceed $121,525.00, and authorized the Mayor and
City Clerk to execute the Amendment on behalf of the City.
FISCAL IMPACT: Funds in the amount of $121,525.00 for this contract will be
available utilizing FY 2001-02 Gas Tax Exchange Funds in the Contractual Services
Account No. 273-5032-427100.
3.16 Approve a contract with Conrad & Associates to provide temporary back-fill for the
Accounting Manager position including the preparation of the annual State
Controller's Report. (A2100.0 AGR-3796)
SUMMARY: Conrad & Associates, the City's external auditing firm, has made a
proposal to provide temporary, part-time staffing to facilitate the absence of our
Accounting Manager during her maternity leave. The cost is $85.00 per hour for two
days per week for a maximum of 20 weeks, and a flat $4,500 to complete the City's
annual State Controller's Report for a total not to exceed contract price of$31,700.
ACTION: Approved the contract with Conrad & Associates in an amount not to exceed
$31,700, and authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.
FISCAL IMPACT: Funds are available in account number 100-1231-426700
(Department of Finance, General Accounting-Contractual Services) in the amount of
$50,304.
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
3.17 Award of Contract, Bid No. 001-40, to Park Specialties for Installation of Tot-Lot at
Hart Park. (A2100.0 AGR-3797)
SUMMARY: The City advertised and opened bids for installation of the tot lot play
equipment at Hart Park on June 12,2001. At the close of the bidding period, the City did
not receive any bids for the installation of the play equipment. The Orange Municipal
Code, Section 3.08.580, authorizes the City to negotiate with a responsible contractor
when no bids have been received. Staff is recommending the award of contract to Park
Specialties in the amount of $43,000 for the installation of the play equipment and
transfer an appropriation in the amount of $83,000 from Park, Acquisition and
Development Fund (510) to cover costs for the purchase of the play equipment. This
amount, coupled with the $20,000 currently in the project cost, will provide the $103,000
required to complete this project.
ACTION: Transferred an appropriation from the Park, Acquisition and Development
Fund (510) Account 510-7021-481105-0087 (EI Modena/LaVeta Parks Renovation) in
the amount of $83,000 to Account 510-7021-481200-0027 (Hart Park Renovation);
awarded contract, Bid No. 001-40, to Park Specialties in an amount not to exceed
$43,000 for the installation of play equipment for the tot lot at Hart Park; and authorized
the Mayor and City Clerk to execute the agreement on behalf ofthe City.
FISCAL IMPACT: After the transfer has been executed, sufficient funds will exist in the
following account: 510-7021-481200-0027 (Hart Park Renovation) $103,000.
LIBRARY CLOSURE REQUEST
3.18 Request for early closure of the Orange Public Library facilities to the public on
Tuesday, July 3, 2001. (C2500.I)
SUMMARY: Early closure of the Main Library and the Taft and EI Modena Branch
Libraries (e.g., at 6:00 p.m. rather than 8:00 p.m. at the branches and 9:00 p.m. at Main)
is requested to allow Library staff and their families to attend Uncle Sam's 3rd of July
Celebration.
ACTION: Approved the closure of the Orange Public Library facilities to the public at
6:00 p.m., Tuesday, July 3, 2001.
FISCAL IMPACT: None.
PURCHASE OF PROPERTY
3.19 Purchase of a 10 foot wide strip ofIand at 2043 W. Chapman Avenue.
(A2100.0 AGR-3798)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Madelon G. Lucky, Trustee.
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located 2043 W. Chapman
Avenue. Purchase price is $51,130.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $51,130.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH).
RESOLUTIONS
3.20 RESOLUTION NO. 9473 (B5000.0)
A Resolution of the City Council of the City of Orange approving the submittal of an
application for funding through the Bicycle Transportation Account (BTA) program
administered by Caltrans.
ACTION: Approved.
3.21 RESOLUTION NO. 9475 (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; and
Well 24 is located at 293 E. Collins Ave. next to Fire Station No.2
ACTION: Approved.
3.22 RESOLUTION NO. 9476 (C2500.M.16.1 LLN-00-9)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2000-9 adjusting lot lines of certain real property situated at 230 and 274 South Main
Street and 1429 W. Palmyra Avenue in the City of Orange, County of Orange, State of
California.
Owner: (a) VRSJ, LLC, A California Limited Liability Company (b) Orange
Redevelopment Agency
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.23 RESOLUTION NO. 9477 (T1100.0)
A Resolution of the City Council of the City of Orange agreeing to a redistribution of
property taxes for Reorganization No. R 00-10, Muskoka Development.
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
Property Location: West side of Meads Avenue approximately 400 feet south of
Santiago Canyon Rd.
Councilmember Coontz asked that this item be continued to resolve questions about
horse trails; and instructed the City Manager to provide Council with an update on the
Master Plan of Recreation Trails.
MOTION - Coontz
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Continued for thirty days to resolve issues regarding horse trails.
3.24 RESOLUTION NO. 9478 (T1100.0)
A Resolution of the City Council of the City of Orange agreeing to a redistribution of
property taxes between the cities of Orange and Anaheim for Reorganization No. RO 01-
05, SerranolNohl Ranch Reorganization.
Property Location: Near the northwest corner of the intersection of Serrano Avenue and
Nohl Ranch Road.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.25 RESOLUTION NO. 9479 (C2500.J.l)
A Resolution of the City Council of the City of Orange expressing appreciation to Lori A.
Benicky of the Orange Finance Department and commending her for more than twenty
years ofloyal and dedicated service.
NOTE: This Resolution was adopted and then presented under Item 1.4
Presentations/ Announcements/Introductions.
ACTION: Approved.
3.26 RESOLUTION NO. 9480 (Ell00.0)
A Resolution of the City Council of the City of Orange, California, reciting the fact of the
Special Municipal Election held on June 5, 2001 declaring the results and such other
matters as provided by Law.
ACTION: Approved.
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CITY COUNCIL MINUTES
June 26, 2001
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.27 Request from Sun Cal Companies to approve the recordation of Final Tract Map
No. 16129. (T4000.0 TRT-16129)
SUMMARY: Sun Cal Companies is requesting that the City Council approve the
recordation of Tract Map No. 16129. This project is the first map of the Serrano Heights
Development, Phase Two, approved by Council as part of Tentative Tract Map 14360.
All plans have been approved, fees paid and bonds posted to guarantee improvements.
ACTION: Approved the request from Sun Cal Companies for the recordation of Final
Tract Map No. 16129.
FISCAL IMPACT: None.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Items 3.23 and 3.25 were removed and heard separately. All remaining 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 TAPE 1585
6.1 Accept the resignation of Carolyn Cavecche from Orange Public Library Board;
and instruct the City Clerk to begin Maddy Act procedures. (C2500.I.I)
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to accept the resignation of Carolyn Cavecche from the Orange Public Library Board;
and instructed the City Clerk to begin Maddy Act procedures.
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CITY COUNCIL MINUTES
June 26, 2001
7.
ADMINISTRATIVE REPORTS
TAPE 1600
7.1 Proposed Role of McPherson Neighborhood Committee. (ORI800.0.10.4)
SUMMARY: At its meeting on May 22, 2001, the City Council approved in concept the
creation of the McPherson Neighborhood Committee (hereafter "Committee") and requested a
report from the City Attorney concerning the role and formation of the proposed Committee.
The City Attorney noted a correction was made to the report. The southern boundary of the
proposed Committee area should be the City southern limits and not LaVeta as stated in the
report.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Received and Filed report with boundary changes noted.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 6-01 (SECOND READING) (A2500.0 Special Events)
An Ordinance of the City Council of the City of Orange adding Chapter 17.46 to the Orange
Municipal Code regulating Special Events.
Councilmember Coontz stated the Ordinance is unclear as to the locations allowed for special
events. She asked for a more clear definition in the Ordinance, noting these special events
pertain only to commercial areas.
The City Attorney stated he would include a more detailed description in the Purpose and Intent
paragraph of the ordinance, noting these special events are allowed in commercial areas and also
properties within the Public Institution Zone, but not property owned by the City.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that Ordinance No. 6-01 be read by title only and same was approved and adopted by the
preceding vote.
10.
NOTICED HEARINGS
TAPE 1750
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 100 W. CHAPMAN
AVENUE AND DECLARATION OF NUISANCE: (C2500.M.14)
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CITY COUNCIL MINUTES
June 26, 2001
10. NOTICED HEARINGS (Continued)
Time set for a noticed hearing concerning a resolution of necessity, which, if adopted, will
permit the City of Orange to condemn the property interest at 100 W. Chapman Avenue,
property owner, Mark Hurwitz; and whether or not the private use of the alley constitutes a
public nuisance.
The City Attorney reported the City is requesting eminent domain action to eliminate vehicular
access into the alleyway between Diedrich's Coffee and the property at 100 W. Chapman. The
alley is currently used by the owner of 100 W. Chapman to park his personal vehicle, but has
been determined to be a dangerous situation to pedestrians. The City needs to eliminate the alley
so as not to be liable for allowing a dangerous condition to continue. The alleyway will be
removed in conjunction with the Plaza Renovation project.
Councilmember Coontz noted the driveway originally went all the way through but was blocked
at a later date.
Mark Hurwitz, 100 W. Chapman, reviewed the history of the property and his discussions with
the City on this project over the last two years, stating the driveway has been there for
approximately 100 years for vehicular access to that portion of his property. He stated he has an
interest in this alley and would like to work with the City in reaching a mutual consideration. He
filed an injunction with the court, and the courts agreed that he does have an interest in this
property. The court granted a preliminary injunction and said the City was not to obstruct access
to prevent parking in that alley or prevent its use. This alleyway is more than a parking space ~
it is a means by which he accepts deliveries and access to his property.
The City Attorney stated the City does assume there is a property interest by Mr. Hurwitz. An
appraisal was done and an offer made for that property interest. The offer was not accepted and
that is why the City has initiated condemnation proceedings. The appraisal came in at $1,000,
but the only demand the City has received from Mr. Hurwitz is for $125,000 and to make
improvements to the alley. When the positions are that far apart, it is difficult to discuss a
legitimate and reasonable way to settle, but the City remains open to further discussions. The
court directed the City to follow condemnation proceedings before any curb cut is removed,
which is what the City is doing.
Councilmember Slater asked if negotiations can continue even if the Council commences with
this action. The City Attorney stated they would.
Councilmember Alvarez asked what effect this will have on the completion of the Plaza
reconstruction work if it were to be continued. The City Attorney stated vehicular access would
have to be provided up over the curb; but that discussions will continue with the property owner
and only ifno resolution or settlement is made, would the action be filed.
Councilmember Coontz stated this alleyway has been an enigma for many years and is finally
being addressed.
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CITY COUNCIL MINUTES
June 26, 2001
10. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9474
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring a property interest located at 100 West Chapman Avenue and authorizing
the acquisition thereof and declaring the use thereof a public nuisance.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt Resolution No. 9474.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
Patrick P. Tocher dba Pacific Coast Motoring; Michael R. Coulter dba All City Transport v.
City of Huntington Beach, et a!., United States District Court Case No. SACV -96-366 AHS
(EEx)
Nieupointe Enterprises, LLC, et a!. v. City of Orange, et a!., Orange County Superior Court
Case No. 01CC02712
Thomas A. Dula v. City of Orange, Orange County Superior Court Case No. 00CC02143
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9(b) _
anticipated litigation (one potential case).
c. 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
OATH OF OFFICE CEREMONY
L INVOCATION
TAPE 2420
Given by Jon Wetterholm, Chaplain, Orange Police Department
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CITY COUNCIL MINUTES
June 26, 2001
OATH OF OFFICE CEREMONY (Continued)
2. PRESENTATIONOFCOLORS
Led by Orange Police Color Guard
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Andrew Clark, Life Scout, Troop 51, St. John's Lutheran Church
4. OATH OF OFFICE
Administration of Oath of Office by the City Clerk to Councilmember-Elect Carolyn Cavecche
Newly-elected Councilmember Cavecche gave the following comments:
"Thank you. It's been a long year and a half for a lot of us and so many of you were there in the
beginning. We kicked this all off eating ice cream on my front lawn in the middle of a hail storm
last year and a lot of you remember that. The Cavecche house has been in campaign mode for a
long time and so if I can get through this, I need to thank my family first. Rick, you probably
walked as many precincts as I did and you've stapled over a thousand signs and put most of them
up. You have put up with so much but more importantly you never stopped encouraging me or
supporting me. Thank you very very much.
Kendra, William and Steven, you heard the response, "not until after the election" more times
than I would have liked over the last year. You wore dirty clothes to school and ate more fast
food than was probably healthy for the entire family, and that you probably liked, but you can
now read a precinct map better than anyone I know. Thank you very very much guys for
everything.
Councilmen Dan Slater and Mike Alvarez, I was honored by your support. You finished your
own campaigns last November and you didn't get much of a break and you started all over again.
Mike, you and I have been working on this for years. Thank you both very very much.
When I decided to run, the very first group of people that I put together were five women who
would commit to pray for my family and me - Sherri Clemens, Susie Wallace, Robin Frazier,
Marietta Lockhart and Linda Goehle all the way in Massachusetts. Thank you for holding my
family and I up over this last year and a half. Thank you very very much.
There are so many people who have worked so hard over the last two campaigns and in between.
I don't even want to begin to name you or I'm going to leave someone out. You walked
precincts, you made phone calls, you hand painted signs. We had an incredible get out the vote
effort. Darren, thank you so much. So many of you made hundreds and hundreds of phone calls.
I know some of you financially supported me until it hurt. For most of you this was your very
first experience in the political process and you are all so awesome. Thank you all very very
much.
PAGE 15
CITY COUNCIL MINUTES
June 26, 2001
OATH OF OFFICE CEREMONY (Continued)
I would like to thank Watters and Faubel for your efforts in my first campaign. Scott Tayler, you
are an answer to prayer for the second campaign. And Mara, I think you wanted this for me
more than I did. I will never never forget your friendship. Thank you very much.
And there's a whole other group that I would like to thank. I never met any of you. You sent me
notes of encouragement when things got rough in this campaign. You E-mailed and left
messages of support on my machine. A lot of you called and wrote just to tell me you had voted
for me. We left you yard signs in the middle of the night next to your front door. I was never
able to personally thank any of you. I have no idea who you are if I were to meet you on the
street. But you will never know what it meant that you were willing to put my name in front of
your house. Your support kept the Cavecche family going over the last year and a half and I
would like to thank all of you very very much.
I am so thrilled to be up here. Over the last six months during the second campaign, I have kept
in mind a conversation that Rick and I had one evening with a gentleman when we were walking
precincts. I don't know even know where it was. I think it was one of the Meredith tracts some
place in this City. This gentleman gave me advice that I will always remember. He told me that
when I got elected, I would feel that lowed whoever it was that put me here. And he told me to
be very very careful about who I felt obligated to. And over the last weeks, as I thought about
this special election and how the numbers came out, tonight, I really only want to promise one
thing. I know who I am obligated to, who I owe. The people of Orange have sent a clear
message with your outpouring of numbers in the last election, and I am here to represent only
you, and that is the only pledge I want to make tonight, that I will never forget the people of
Orange coming out and placing me up here. Thank you so much for your confidence. I am truly
honored to represent you. Thank you."
Mr. Steve Ambriz, representing Orange County Supervisors Todd Spitzer and Chairwoman
Cynthia Coad, presented Carolyn Cavecche with a recognition certificate congratulating her on
her election to the City Council.
5. COUNCIL REORGANIZATION -Election of Mayor pro tern
TAPE 3280
Mayor Murphy nominated Mike Alvarez as Mayor pro tern.
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approved nomination of Mike Alvarez as Mayor pro tern.
COUNCIL RECESSED AT 7:30 P.M. TO THE GEORGE WEIMER ROOM FOR A
RECEPTION IN HONOR OF CAROLYN CAVECCHE, NEWLY-ELECTED
COUNCILMEMBER; AND RECONVENED AT 8:15 P.M.
PAGE 16
CITY COUNCIL MINUTES
June 26, 2001
13. PUBLIC COMMENTS
Oz Enderby, 6719 E. Oak Lane, requested the City purchase the property at 4629 E. Walnut,
which is the subject ofItem 14.1 for a park.
Chris Koontz, 10252 Lolita, asked the Council to explore ways to prevent the need for special
elections in the future.
The following people spoke on the Ocean Outfall issue, asking the City to request the Orange
County Sanitation District to proceed with full secondary treatment for sewage:
. Don McGee, 20701 Beach Blvd., Huntington Beach
. Larry Porter, 1501 WestcliffDrive, Newport Beach
. Doug Korhot, Seal Beach
. Joseph Racano, 317 5th Street, Huntington Beach
. Jan Vandersloot, 2221 E. 16th Street, Newport Beach
14.
PUBLIC HEARINGS
TAPE 4180
14.1 APPEAL NO. 482, TENTATIVE PARCEL MAP 2001-116, MINOR SITE PLAN
REVIEW 170-01, COUNCILMEMBER COONTZ ON BEHALF OF MEL AOU,
LYNETTE AMMER AND SURROUNDING NEIGHBORS: (A4000.0. APP 482)
Time set for a public hearing to consider an appeal by Councilmember Coontz concerning the
Planning Commission's decision to approve Tentative Parcel Map 2001-116, to divide the land
into three parcels and Minor Site Plan Review 170-01 to construct a driveway on the west side of
the parcel providing access to parcels without direct frontage on a public street. The appellant is
requesting the driveway be located on the east side of the property. The property is zoned R-I-7
and located at 4629 East Walnut Avenue.
APPELLANT'S REASONS FOR APPEAL:
"Residents to the East and owner feel placing the driveway on the west side would deprive a
greater number of families to the East the right to privacy and enjoyment of their backyards. The
Staff Review committee found no line of sight hazard, draining or grading problems with the
driveway on the East side. Staff has indicated the location of the driveway is optional. Owner
indicates driveway on East side is preferred for better marketability of his homes."
Councilmember Coontz stated that Councilmembers have the opportunity to file appeals on
behalf of citizens, and she was asked by several residents to present this on their behalf. She
briefly reviewed the history of this property, noting there was concern by the residents that the
driveway in question has been on the east side of the property for 40 years and there is concern
that it should be kept at that location.
The Director of Community Development reported the property in question is just less than one
acre in size and zoned R-I-7. The applicant is proposing a three-lot subdivision and has
PAGE 17
CITY COUNCIL MINUTES
June 26, 2001
14. PUBLIC HEARINGS (Continued)
requested that the driveway access to the lots be located on the east side of the property.
Because of the topography of the land, the requirement for additional grading for drainage
purposes, and the relocation of an existing power pole, the Staff Review Committee, and
subsequently the Planning Commission, approved the Tentative Parcel Map subject to the
driveway being located on the west side of the subdivision. In addition to the property owner,
the residents along Hamlin, which is east of the property, would like the driveway located on the
east to provide a buffer between them and the proposed proj ect.
Councilmember Slater asked, given the worst case scenario, what the height of the retaining wall
would be on the west side if the driveway were placed on the east side; how much higher the
pads for the houses would be; and what would be the height of the block wall. The Director of
Community Development indicated the retaining wall would be 2-3 feet high, resulting in a
portion of the pads being higher, as there is a gradual slope from east to west. This would also
result in the potential for a 9 foot block wall on the west.
TAPE 4800
Lynette Ammer, 532 N. Hamlin, spoke in support of moving the driveway to the east side of the
property, and had submitted information for review by the Council. She stated that staff found
no problems with the driveway being on either side of the property, but placing the driveway on
the east side is preferable to the neighbors on Hamlin as it would provide more distance between
the properties; and the road has always been on the east side of the property and should remain
there.
Mr. Melvin Auo, 2700 N. Whitehall, property owner, stated that most neighbors want the
driveway on the east side of the property, which is also his preference; and he is willing to incur
any additional costs to have the driveway on the east. He has complied with all regulations for
this proposal, and stated the project would be more marketable with the driveway on the east.
Mayor Murphy stated that although it is still in the conceptual phase, it would help everyone
involved if the applicant could provide a sense of what the plans are regarding building size, bulk
and mass, and rear yard setback size in order to get a better vision of the project.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Mayor Murphy reminded everyone that any decision made on this project needs to be determined
on land use issues only and that discussions for alternative uses for the property are not
appropriate.
Mayor Murphy noted that letters in support of the Appeal were received from the following
residents who were unable to attend the hearing:
Frances Otto, 4628 E. Orange Grove
Mike Otto, 4618 E. Orange Grove
Dario Hernandez, 535 N. Hamlin
Leonard Brazitis, 4638 E. Orange Grove
PAGE 18
CITY COUNCIL MINUTES
June 26, 2001
14. PUBLIC HEARINGS (Continued)
Susan Brazitis, 4638 Orange Grove
Elaine Vitullo, 542 N. Hamlin
Mary Lou Pierce, 4650 E. Orange Grove
Jackie Ponich, 505 N. Hamlin
Mike Callahan, 505 N. Hamlin
Those speaking in favor of the appeal:
. Shari Gustafson, speaking on behalf of Nancy Wallace, 518 N. Hamlin
. Pam Callahan, 505 N. Hamlin
. Karen Vitullo, speaking for her sister, Mary Vitullo, 542 N. Hamlin
. Douglas Ammer, 532 N. Hamlin
. Cindy Johnson, speaking for Mrs. Vasquez, 506 N. Hamlin
. Jason Johnson, 2827 Auburn
. Tom Meese, address on file
Concerns expressed include - more privacy for the residents along Hamlin, the driveway has
been on the east side for years, existing trees would be saved, and the horses next to the property
on the west should not be next to a roadway.
Speaking in opposition to the Appeal:
. Brent Rickard, 4625 E. Walnut
. John Ufkes, 20121 E. Clark
. Tom Anderson, address on file
. David Piper, 6705 E. Oak
. Laurie Marine, 2335 N. Oakmont, Santa Ana
. Jan Lind, 142 S. Esplanade
. Richard Mendez, 4625 E. Walnut
. Sandy Garcia Rickard, 4625 E. Walnut (also submitted written communication)
Concerns expressed include - the need for a buffer between the proposed development and the
existing horse property to the west.
The Director of Community Development explained that if a property is zoned for equestrian
use, it does need to be 50 feet from other residential property. However, the property to the west
is a legal non-conforming use with horses but is not zoned equestrian and, therefore, does not
have to conform to this code requirement. Both properties are zoned R -1- 7.
The City Attorney pointed out the non-conforming use does not drive the zoning. Council is
only considering the tentative map and not a site plan, and no matter which side of the property
the driveway is located, the houses could still be located within 20 feet ofthe property line.
TAPE 2
In response to questions by Mayor Murphy, the Director of Community Development stated that
after the Council makes a determination on this Appeal, because it is a single family subdivision,
PAGE 19
CITY COUNCIL MINUTES
June 26, 2001
14. PUBLIC HEARINGS (Contiuued)
it does not require design review unless there is a variance from the standards. It will be
reviewed at the Planning counter to check compliance with development standards and then on
to the Building Division for plan check and permit issuance.
REBUTTAL
Greg House, 23970 Nicole Way, Yorba Linda, representing the property owner, stated they had
met with the surrounding property owners and everyone was given an opportunity to review the
proposed plans. He reviewed the layout of the property, indicated that the adjacent horse
property will only affect a portion of the back lot and that the horses will be a minimum of 42
feet away from the closest house. The proposed homes will be more marketable if the driveway
is placed on the east side as the homes would face trees and new homes as opposed to facing an
older horse property and trash dumpsters. All adjacent neighbors, except one, have requested the
driveway be placed on the east side.
In response to questions by Mayor Murphy, Mr. House stated their intent is to make the back
yards as large as possible, but did not have a specific number for the rear yard setback.
TAPE 800
The City Attorney clarified this is only a parcel map review and Council can not condition the
parcel map to any particular setback requirements.
Councilmember Cavecche asked if, on the rear lot, it did not matter which side the driveway was
located. Mr. House stated that the house will be in the middle of the lot and, therefore, the
driveway location would not affect placement of the house.
Councilmember Coontz stated that even though the Council can not condition the setbacks, it is
helpful to hear the applicant's intent.
Councilmember Alvarez asked about curb and gutter requirements and if a block wall is required
between this property and the adjacent property to the west. Staffresponded that standard curbs
and gutters will be required along Walnut, but a block wall is not required between two
residential uses.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:
TAPE 960
Councilmember Alvarez stated he agreed with the Planning Commission's intent to provide
distance for Lots I and 2 from the adjacent horse property and place the lots back to back with
the houses along Hamlin. He stated it was good planning in trying to address the non
conforming use and did not see any compelling reason to change the driveway to the east side.
PAGE 20
CITY COUNCIL MINUTES
June 26, 2001
14. PUBLIC HEARINGS (Continued)
Councilmember Coontz stated it has been demonstrated that the driveway could be on either side
of the property; however, placing it on the east addresses the concerns of both the residents to the
east and the property owner to the west. The lots in question are very large and once it is
developed, it should be something the community will be proud of.
Councilmember Cavecche pointed out that no matter which way the driveway is built, lots 1 and
2 will not line up with the adjacent horse property and the house on lot 3 will be the same
distance. Therefore she was hesitant to go against what the staff and Planning Commission have
approved.
Mayor Murphy stated that all regulations will be met either way the driveway is placed, and
since the preference of the property owner is to have the driveway on the east, he would like to
honor that request and support the appeal. He pointed out that the adjacent horse property is a
legal non conforming use and will be protected as long as the owners choose to stay there.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find the project is categorically exempt from the provlSlons of the California
Enviromnental Quality Act (CEQA) per Section 15315.
MOTION - Murphy
SECOND - Coontz
AYES - Mayor Murphy, Coontz
NOES - Slater, Alvarez, Cavecche
Moved to uphold Appeal No. 482.
MOTION FAILED
Note: The Appeal was denied and the driveway plan remains on the west side of the property.
TAPE 1450
14.2 ORDINANCE NO. 7-01, BANNERS: (A2500.0 Advertising, Outdoor)
Time set for a public hearing to consider regulations for decorative banners to be placed on
utility poles and street light standards along commercial streets.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Jack McGee, representing Chapman University, spoke in support of the proposed Ordinance.
Chapman University would like to participate in putting up banners around the Plaza in
celebration of their I 40th Anniversary.
PAGE 21
CITY COUNCIL MINUTES
June 26, 2001
14. PUBLIC HEARINGS (Continued)
The Director of Community Development pointed out the banners would be used for City events
or events supported by the City or Redevelopment Agency, and not for individual concerns. It is
not the City's intent to create a public forum or allow commercial advertising. The banners
would be allowed only in commercial or industrial areas, and not residential areas.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Councilmember Alvarez asked which streets would be used for these banners, the costs involved
with fitting light poles with the required hardware, and who would own the banners.
The Director of Community Development reported the placement of the banners is not limited to
particular streets, but is limited to commercial and industrial areas; and Tustin Street and the
Plaza will be the first areas to be used. The banners would be brought forward by the City or
Redevelopment Agency or in partnership with other agencies if it is for an event supported by
the City. The restriction on the banners is that they have to be of general civic or public nature;
and the city will have control over the design of any banners from other organizations. The
design and form of the banners will come back for staff to review with the Council, and the City
will have ownership of those. However, ownership of the banners is not addressed by the
Ordinance.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find the project is categorically exempt from the provIsIOns of the California
Environmental Quality Act per State CEQA Guidelines Section 15301.
ORDINANCE NO. 7-01 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Section 17.04.023 and
Chapter 17.36 of Title 17 of the Orange Municipal Code pertaining to regulations for decorative
banners.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 7-01 be read by title only and same was set for second reading by the
preceding vote.
14.3 WEED ABATEMENT, CITY OF ORANGE: (C2500.H.2)
TAPE 1725
Time set for a public hearing to consider and hear objections to the proposed removal of weeds
which constitute a public nuisance. Resolution No. 9471 adopted by the City Council on
PAGE 22
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
June 26, 2001
June 12, 2001 declares weeds a public nuisance and initiates abatement proceedings. The
properties which constitute a public nuisance and must be abated by the removal of weeds are:
Location
Vacant Lot N/E/C Cypress & Sycamore
Vacant Lot behind 715 Mallard
800 E. Collins
Slope N/o 1433 IlIa Dr. Adjacent to
Santa Ana Canyon Rd.
Access Rd Adj. to Orange Hill Restaurant
Lot Behind Homes along Cliffway
Slope Behind Homes offCliffway
Vacant Lot W/o 11063 Vicki Ln and S/o
Muir Dr.
Vacant Lot N/o Condos on Creekside
Abandoned Rails from Chapman to Fairhaven
Vacant Lot next to 1441 Kennymead
Assessors Parcel No.
039-142-12
383-071-05
386-261-24
360-311-03
093-150-75
379-611-48
379-601-21,22,23,24,26,27,30
379-471-25
379-642-22
Abandoned Railroad
093-241-36
NOTE: A revised list of properties (Exhibit A to Resolution No. 9471) was submitted. The
properties which constitute a public nuisance and must be abated by the removal of weeds now
include only the vacant lot behind 715 Mallard (AP# 383-071-05) and the Abandoned Railroad
from Chapman to Fairhaven. All other properties were deleted from the list.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9471
A Resolution of the City Council of the City of Orange declaring weeds a public nuisance and
initiating abatement proceedings.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9471.
15. PLANNING AND ENVIRONMENT - None.
PAGE 23
CITY COUNCIL MINUTES
16. ADJOURNMENT
The City Council recessed at 10:45 p.m. to a Closed Session.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 11 :05 p.m.
1jt:!);~~
MARKA. Y
MAYOR
June 26, 2001
PAGE 24