7/10/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JULY 24,2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 10,2001
The City Council of the City of Orange, California convened on July 10, 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 Dennis Davis, Rotary Club of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Coontz
1.3 ROLL CALL
PRESENT - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez (Mayor pro tem Alvarez arrived at 4:40 p.m.)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition was given to the City Manager's Office and Finance Department for
receiving the Government Finance Officers Association's Distinguished Budget Award
for the FY 2000-01 Budget document. Rick Otto and Cathy Knopf accepted the award
on behalf of the City staff.
Mayor Murphy announced:
. The 3cd of July Fireworks event was a huge success with approximately 13,000 people
were in attendance. The Mayor thanked all those involved in coordinating the event;
and distributed autographed baseballs by Mark Langston to the Council.
. The Concerts in the Park have begun and are on Wednesday evenings at Hart Park.
2.
PUBLIC COMMENTS
TAPE 450
Robert Dargatz, 2534 E. Burly, spoke in opposition to the proposed dog park at Yorba
Park, as it will impact traffic at Yorba and Chapman and asked that more park acreage be
made available for children.
Rick Cryder, 307 W. Wrightwood, spoke in support of the proposed dog park. He
submitted literature to the Council on dog parks, stating the Dog Park Association is
trying to educate the public on dog park etiquette.
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CITY COUNCIL MINUTES
July 10, 2001
2. PUBLIC COMMENTS (Continued)
Sandy Norell, 3319 E. Chardonnay Lane #B, spoke in support of the proposed dog park.
Laura Silva, 249 E. Brentwood, spoke in support of the proposed dog park. It will
provide an opportunity for dog socialization and a safe haven for dogs to run with
supervision.
3.
CONSENT CALENDAR
TAPE 810
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 July 10,2001 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 21 and 28, 2001.
NOTE: Councilmember Cavecche abstained on this item as she was not on the Council
during a portion of this time period.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting June 26, 2001.
NOTE: Councilmember Cavecche abstained on this item as she was not on the Council
during a portion of this meeting.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Truancy Learning Center Program Agreement between the City of Orange, Orange
Unified School District and Orange County Youth and Family Services. (A2100.0
AGR-2470.E)
SUMMARY: Each year the City of Orange, Orange Unified School District, and Orange
County Youth and Family Services (OCYFS) enter into an agreement for the operation of
the Truancy Learning Center, located at Richland High School. Services provided by
OCYFS include: tutoring; tobacco education/intervention; counseling; crisis intervention;
and case management for students living in or emolled in schools located in the City of
Orange and their families.
ACTION: Approved the Truancy Leaming Center Program Agreement between the City
of Orange, Orange Unified School District and Orange County Youth and Family
Services in the amount of $30,000; and authorized the Mayor and the City Clerk to
execute the agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted in account number 100-4032-
427800 (General Fund-Gangs-Other Contractual Services).
3.6 Request by Gasper R. Farace & Rosaria Farace to connect their property to City of
Orange sewer. (A2100.0 AGR-3814)
SUMMARY: Gasper R. Farace & Rosaria Farace, owners of residential real property
located at 15591 Cully Drive in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Cully Drive.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Gasper R. Farace & Rosaria Farace
and authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 Agreement between the City of Orange and Russell W. Geer, L.S., for Boundary
Surveying and Aerial Topographic Mapping of the Cerro Villa Park. (A2100.0
AGR-3815)
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
SUMMARY: Approval of Professional Services Agreement between the City and
Russell W. Geer, L.S., in the amount not to exceed $16,000 for Boundary Surveying and
Aerial Topographic Mapping of Cerro Villa Park.
ACTION: Approved Agreement between the City of Orange and Russell W. Geer, L.S.
in the amount not to exceed $16,000 and authorized the Mayor and City Clerk to execute
the Agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following account: 510-7021-481200-
0150 (Cerro Villa Park): $16,000
3.8 Agreement with Hilton Farnkopf & Hobson, LLC to perform agreed upon limited
procedures pertaining to the City's solid waste agreement with Waste Management
of Orange (Waste Management) (A2100.0 AGR-3816)
SUMMARY: A Request for Proposal (RFP) was sent to five vendors. Hilton Farnkopf
& Hobson, LLC was the only firm to respond. Their proposal is responsive to the Scope
of Services identified in the RFP and their price is reasonable. They have the knowledge
and expertise to perform the services and come highly recommended.
ACTION: Approved the agreement with Hilton Farnkopf & Hobson in the amount of
$35,000 to perform agreed upon limited procedures pertaining to the City's solid waste
agreement with Waste Management of Orange; and authorized the Mayor and City Clerk
to execute the Agreement on behalf of the City.
FISCAL IMPACT: Adequate funds are available and are budgeted in the Sanitation
Fund under Other Professional and Consulting Services (220-5022-426700).
APPROPRIATIONS
3.9 Appropriation of California Beverage Container Recycling and Litter Reduction
funds for recycling programs, educational materials and playground equipment
partially made from recycled materials. (C2500.M.1.1)
SUMMARY: In April 2001, the City applied for eligible funding from the CA Beverage
Container Recycling and Litter Reduction program totaling $37,216 and recently the City
was notified by the CA Dept. of Conservation that this grant has been funded. Staff is
requesting appropriation of these grant funds into the following eligible grant activities:
1) Purchase playground equipment (made from recycled materials) for Eisenhower Park
($11 ,416) 2) Labor and materials for city and special event recycling programs
($16,300),3) Procurement of advertising materials and services ($9,500).
ACTION: Appropriated the grant revenues totaling $37,216 into Account 220-5022-
262900-4908 and appropriated from Fund 220 into the following accounts:
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
1. $11,416 into Account No. 220-5022-485100-4908 (CIP-Other Capital Outlay
Beverage Container Recycling Grant) for the purchase of playground equipment;
2. $7,800 into Account No. 220-5022-424202-4908 (Janitorial Services Beverage
Container Recycling Grant) for collection labor;
3. $8,500 into Account No. 220-5022-449100-4908 (Minor Office Equipment-Beverage
Container Recycling Grant) for the purchase of office recycling materials, and
4. $9,500 into Account 220-5022-426600-4908 (Publicity and Advertising-Beverage
Container Recycling Grant) for the purchase of advertising materials and services.
FISCAL IMPACT: The 2001-02 Beverage Container grant funds totaling $37,216 are
expected to be received from the State by mid July 2001 and deposited into Fund 220.
These grant funds must be expended prior to June 30, 2002. Staff is recommending the
appropriations of these grant funds as outlined in the recommendation.
BIDS
3.10 Bid No. 012-02. Approve plans and specifications and authorize advertising bids for
citywide striping and pavement markings. (S4000.S.3.3)
SUMMARY: The project invites competitive bids for providing citywide striping and
pavement marking services.
ACTION: Approved plans and specifications and authorizing advertising Bid No. 012-
20 for the installation of traffic striping pavement markings and raised pavement markers
citywide.
FISCAL IMPACT: Funds have been budgeted in the FY 2001-02 budget III the
Contractual Services Account No. 272-5032-427100.
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Edith McElroy
b. Truck Insurance Exchange/Old Chapman Townhomes HOA
c. Forrest Bud Schuppert
FISCAL IMP ACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Contract Change Order - Bid No. 001-22; SP-3347; Annual Curb and Gutter
Replacement at Various Locations (Year 2000-01). (A2100.0 AGR-3700)
SUMMARY: This project provided for reconstruction of damaged curb and gutter at
various locations.
ACTION: Approved Final Contract Change Order in the amount of $6,693.00 to Ranco
Corporation for the additional quantities at contract unit price.
FISCAL IMP ACT: Funds are budgeted and available in the following account: 262-
5021-427100 $10,000 (Annual Curb & Gutter Maintenance).
3.13 Mills Act Contract #MAC-81.0-01 (Historic Property Preservation Agreement).
(A2100.0 AGR-3817)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $35,975. Location: 213 N. Pine Street.
NOTE: Councilmember Slater abstained on this item due to the proximity of his
residence and a recent real estate sale.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $135 per
year.
3.14 Mills Act Contract #MAC-82.0-01 (Historic Property Preservation Agreement).
(A2100.0 AGR-3818)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $35,730. Location: 615 E. Almond
Avenue.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $162 per
year.
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract #MAC-83.0-01 (Historic Property Preservation Agreement).
(A2100.0 AGR-3819)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the City of Orange. Estimated costs associated with the repair,
rehabilitation and maintenance performed by the owner for the (minimum 10 year) term
ofthis contract total $82,470. Location: 1275 E. Walnut Avenue.
NOTE: Councilmember Cavecche abstained on this item due to the proximity of her
residence.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the City is approximately $208 per
year.
DONATIONS
3.16 Donation of an all-terrain mountain bike to the Police Department Bike Unit
(C2500.K)
SUMMARY: Mercedes-Benz USA, LLC is donating a special mountain bike to the
Department. It's a police-duty version of their precision-engineered all-terrain mountain
bike valued at $2,000.
ACTION: Accepted the donation of the all-terrain mountain bike from Mercedes-Benz
USA, LLC valued at $2,000 for the Bike Unit.
FISCAL IMPACT: There will be no impact to the General Fund.
FEES
3.17 City of Orange Uniform Bail Schedule (A2500.0 Bail Schedule)
SUMMARY: The proposed Uniform Bail Schedule is a schedule utilized by the Court to
impose bail amounts, mandatory appearances and penalty assessments. The attached Bail
Schedule includes all newly adopted and any revised City Ordinances since 1998.
ACTION: Approved the Uniform Bail Schedule for submittal to the Orange County
Municipal Court, Central District.
FISCAL IMP ACT: To the extent of increases in the bail of some existing sections and
other sections being added to the revised Bail Schedule, the percentage of reimbursable
revenue will increase from bail forfeiture and penalty collection by the Superior Court.
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CITY COUNCIL MINUTES
July 10, 2001
3. CONSENT CALENDAR (Continued)
PURCHASE OF PROPERTY
3.18 Purchase of a 9 foot wide strip of land at 2305 W. Chapman Avenue. (A2100.0
AGR-3820)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Brent and Ami Ducoing.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 9 foot wide strip of land located at 2305 W. Chapman
Avenue. Purchase price is $41,364.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $41,364.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH).
RESOLUTIONS
3.19 RESOLUTION NO. 9485 (OC1300.D.l)
A Resolution of the City Council of the City of Orange Requesting the Orange County
Transportation Authority to Allocate Combined Transportation Program Funds for
Acquisition of Right-of-Way for the Chapman Avenue Widening Project No. 97-0RNG-
MP AH-1123 Between Route 57 Freeway and 400-feet west of Main Street.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY) TAPE 850
3.20 RESOLUTION NO. 9486 (S4000.S.6)
A Resolution of the City Council of the City of Orange revlSlng the Residential
Neighborhood Traffic Management Program and rescinding the moratorium enacted by
the City Council in May, 1999.
Councilmember Cavecche asked that this item be continued as she has not had an
opportunity to be briefed on this subject.
Councilmember Coontz expressed concern about the speed humps on Shaffer Street and
whether this Resolution addresses their removal or not.
Councilmember Slater also expressed concern about eliminating speed humps entirely
and suggested the Fire Chiefbe present for any discussion.
PUBLIC COMMENTS:
Bill Lanning, address on file, urged Council to adopt the Residential Neighborhood
Traffic Management Program and the elimination of speed humps.
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
Ernie Glasgow, 755 N. Cambridge, asked Council to allow speed humps on certain
streets for safety issues, specifically on Lincoln Street, between Palm and Walnut.
Mel Vernon, 363 N. Lincoln Street, spoke in opposition to the measure because it
prohibits the installation of speed humps, which can be effective and should be included
as an option.
Carter Vernon, 363 N. Lincoln Street, submitted a petition in support of the use of speed
humps to reduce vehicle speeds.
Michelle Furtado, 337 N. Lincoln Street, spoke in support of using speed humps for
safety reasons.
MOTION - Cavecche
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue this item to July 24, with notification to be sent to residents on Shaffer
Street where there are existing speed humps.
3.21 RESOLUTION NO. 9487 (A2100.0 AGR-3700)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-22; SP-3347; Annual Curb and
Gutter Replacement at Various Locations (Year 2000-01).
ACTION: Approved.
3.22 RESOLUTION NO. 9488 (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.
(REMOVED AND HEARD SEPARATELY)
3.23 Taft Branch Library Renovation (C2500.I)
SUMMARY: Design work on the Taft Branch Library renovation project has resulted in
completion ofthe conceptual plan, approval of which is hereby requested.
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CITY COUNCIL MINUTES
July 10,2001
3. CONSENT CALENDAR (Continued)
Nora Jacobs, City Librarian, reviewed drawings for the conceptual plan for the Taft
Branch renovation project. The plan is to integrate a library and community center with
sections for a community meeting room, an information technology center and a
children's services area. The air conditioning system will be upgraded, restrooms will be
upgraded to be ADA accessible and the adjacent Salter Annex will be demolished.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the conceptual plan for the Taft Branch Library renovation.
FISCAL IMPACT: Funds are budgeted for FY 2001/02 in the following accounts:
310-9645-481105-9918 (CDBG $103,300
725-7028-4811 05-9918 (CIP- Taft Library Renovation) $866,700
790-1601-481303-9640 (Data Processing Upgrade Proj.) $184,847
Total $1,154,847
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.20 and 3.23 were removed and heard separately. Councilmember Cavecche
abstained on Items 3.2, 3.3 and 3.15. Councilmember Slater abstained on Item 3.13. 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 (C2500.D.6)
5.1 Mayor pro tem Alvarez - Review the length of service for the Citizens Boards,
Committees and Commissions.
Councilmember Alvarez discussed the need for a policy when appointing people to Boards,
Committee and Commission, with the possibility of establishing term limits; and reviewed
policies established in prior years. He suggested that membership be changed on a progression
basis and not on a sweeping basis.
Councilmember Coontz reminded the Council that the 1979 policy of appointing one person per
committee was intended to be only for Commissions and not Ad Hoc Committees. Also, she has
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CITY COUNCIL MINUTES
July 10, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
been interviewing candidates for the Planning Commission and will provide that information to
the Council. She pointed out the amount of work it takes to be involved on a Committee and
suggested the Council not start out with an Ordinance on this issue until they are certain of the
direction they wish to go.
Councilmember Slater noted that many people have served for many years and there are a lot of
new people who want to be involved in the City. He suggested a review of the committees
where members have served for a long time - possibly over ten years.
Mayor Murphy pointed out that all Committee members serve at the pleasure of the Council, that
input can be given at any time regarding Committee membership and as vacancies occur, there
are always opportunities to appoint new members.
Councilmember Cavecche agreed it is a good idea to appoint new people and supported the idea
of looking at term limits. She pointed out the benefits of staggered membership terms, as it is a
benefit to have people on a Committee who have been there a while as new people come in.
Councilmember Alvarez volunteered to work with the City Clerk and the Mayor in reviewing
membership information and policies.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
7.
ADMINISTRATIVE REPORTS (A2100.0 AGR-3782 /3783)
TAPE 1960
7.1 Report from the Economic Development Director regarding consideration of a
Cooperation and Reimbursement Agreement by and between the Orange Redevelopment
Agency and City of Orange for reimbursement costs associated with the acquisition of a
pedestrian easement, and an Easement Acquisition Agreement by and between the City of
Orange and The Courtyard in Orange, LLC, for an easement for public walkway
purposes. (Continued from June 12, 2001 Council meeting.)
SUMMARY: Approval of (1) a Cooperation and Reimbursement Agreement by and between
the Orange Redevelopment Agency and City of Orange for reimbursement cost associated with
the acquisition of a pedestrian easement, and (2) an Easement Acquisition Agreement by and
between the City of Orange and The Courtyard in Orange, LLC, for an easement for public
walkway purposes at 152-158 N. Glassell Street.
(See ORA Agenda Item No. 7.1)
The Economic Development Director reported the developer of the property at 152-158 has
created a walkway through the development and staff is recommending acquiring a public
easement for that walkway so the developer can not close it at a later date. The reasons for this
acquisition include, 1) the developer has agreed to convey an easement on all of the land behind
the development, at no additional cost, in order to reconfigure it with the two adjoining public
lots that are owned by the City, 2) the easement will provide for handicap access, 3) it starts to
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CITY COUNCIL MINUTES
July 10, 2001
7. ADMINISTRATIVE REPORTS (Continued)
implement an element of the Santa Fe Depot Plan, which integrates the Depot into Old Towne,
and 4) it eliminates the possibility of developing this space at a later date instead of maintaining
it as a walkway.
In response to Council concerns, the developer has agreed to a 50 year lease instead of the
originally proposed 15 year lease.
Councilmember Alvarez stated the revised agreement addresses all of his concerns - a longer
lease term; it now benefits the merchants and shoppers as well as the developer; and the City's
right to use the parking lot.
Councilmember Slater was also glad to see the longer lease term and the parking lot issue
resolved and commended the developer and staff for negotiating a new lease.
Councilmember Coontz stated this walkway will resolve the long time need for access from the
Depot on the north side of the Plaza.
RESOLUTION NO. 9454
A Resolution of the City Council of the City of Orange approving and authorizing the execution
of(l) 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.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9454.
TAPE 2230
7.2 Report from Public Works Director to continue adoption of the Revised Master
Resolution of Permit Parking Areas. (Continued from June 12, 2001 Council meeting.)
(S4000.S.3.1.2)
SUMMARY: At their meeting of6-12-01, the City Council considered adoption of the Revised
Master Resolution of Permit Parking Areas defining geographic areas that restrict on-street
parking except by permit, and requested staffto provide additional information and to notifY area
residents within Area A of the proposed action.
The Director of Public Works reported there has not been sufficient time to notifY all the
residents in the proposed permit parking area, and requested a continuance to July 24.
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CITY COUNCIL MINUTES
July 10, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz stated they need to explain all aspects of the plan to the affected
residents and determine what Chapman University's intensions are. Parking around colleges is
always a difficult situation and there needs to be an understanding of why this particular area was
picked.
Councilmember Alvarez stated that Chapman University needs to participate in the enforcement
of this parking area.
MOTION - Coontz
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSTAIN - Slater
Moved to continue this item to July 24th.
8.
REPORTS FROM CITY MANAGER
TAPE 2375
8.1 Carryover Certain Fiscal Year 2000-01 Appropriations to Fiscal Year 2001-02
(C2500.J.1.5)
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY
2000-01 but not initiated during the fiscal year. Therefore, the funds for these projects must be
carried-over into the new fiscal year of FY 2001-02 to facilitate completion of the projects and
work plans.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve the carryover appropriations summarized in Exhibit A.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 7-01 (SECOND READING) (A2500.0 Advertising, Outdoor)
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 approved and adopted by the
preceding vote.
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CITY COUNCIL MINUTES
July 10, 2001
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :57 to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (two potential case)
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
TAPE 2730
The following people spoke in opposition to the proposed dog park at Yorba Park. Their
comments included a concern for decreased property values in the neighborhood; the impact of
other uses in the area such as the school, YMCA and BMX track; that a dog park is not
conducive to being near a school and children's play area; and the need for more park land for
children.
. Mary Dargatz, 2534 E. Burly
. Susie Rickmeyer, 2535 E. Burly
. Jerry Rickmeyer, 2535 E. Burly
The following people spoke in support of the proposed dog park at Yorba Park. Their comments
included the need for dog socialization; that dogs being walked on a leash are more of a hazard
to children than those in a park; and the neighborhood parking problem is actually caused by the
School District's ROP offices.
. Jon Dumitru, 860 N. Kathleen
. Megan Hodges, 406 S. Olive
. Cynthia Morgan, 4900 E. Chapman #21
. Tom Moore, 209 Calle Alta
. Debra Bergholtz, 406 E. Chestnut
13.
PUBLIC HEARINGS
TAPE 3600
13.1 OUTDOOR DINING - ORDINANCE NO. 8-01: (A2500.0 Outdoor Dining)
Time set for public hearing to consider amending the Outdoor Dining Ordinance provisions
related to permit administration, fees, insurance requirements, appearance and placement of
furniture, allocation of outdoor dining space and portable heating units in the historic downtown
area. NOTE: This project is categorically exempt from the provisions of the California
Enviromnental Quality Act per State CEQA Guidelines Section 15305.
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CITY COUNCIL MINUTES
July 10,2001
13. PUBLIC HEARINGS (Continued)
NOTE: Mayor pro tern Alvarez stated he had a conflict due to property interests at 60 Plaza
Square and 131 S. Glassell and stepped down from the dais.
The Director of Community Development reported an Outdoor Dining Ordinance was adopted in
1998 to deal with outdoor dining in anticipation of the Plaza renovation project. Now that the
renovation project is underway, staff has reviewed the Ordinance for modifications and, in
conjunction, has also included a fee resolution to implement the Dining Ordinance.
The Director of Community Development reviewed some of the items outlined in the proposed
Ordinance.
-Enforcement - It is proposed to transfer the enforcement responsibility from Public Works to
the Community Development Code Enforcement Division.
-Fees - Fees have been modified to charge for the actual cost of maintenance of the Plaza
sidewalks. Sidewalks will be cleaned an additional 20 times a year over and above the current
bi-monthly cleaning schedule. Fees will be 4 cents per square foot for cleaning, and with the
additional 20 cleanings, this results in a charge of 80 cents per square foot.
-Insurance - The Ordinance requires outdoor dining permittees to carry liability insurance
coverage.
-Furniture Placement - Furniture will be placed within the pink brick areas on the quadrants. In
addition, the Ordinance would allow placement oftables immediately adjacent to business fronts.
-Furniture Palette - The Ordinance suggests using a furniture palette to provide more uniformity
in the dining areas.
-Heating units - Gas lines have been stubbed out and restaurants can work with the Gas
Company in using these.
-Misters - The Ordinance proposes to prohibit the use of misters over the public right-of-way
due to safety concerns.
-Implementation - During the interim period, until the Plaza Renovation is complete, staff will
use the existing Encroachment Permit process, having applicants conform as closely as possible
to the Ordinance.
TAPE 4020
Councilmember Slater asked about flexibility in extending the placement of tables outside of the
pink paved area and what the ADA requirements are for walkways.
The Director of Community Development stated it is proposed to have tables only in the pink
area and also immediately adjacent to the buildings in order to keep a clear line of passage along
the sidewalks; and the ADA requirement is 4 feet.
Councilmember Coontz asked about the size of the tables, the need to address the spoke streets,
and particularly the area in front of Watson's Drug Store.
The Director of Community Development stated the 30 by 30 inch table standard is the table size
and does not include chairs. With regard to the spoke streets, tables will be allowed immediately
abutting the properties. She also pointed out that some of the area in front of Watson's is owned
privately by Watson's.
PAGE 15
CITY COUNCIL MINUTES
July 10,2001
13. PUBLIC HEARINGS (Continued)
Councilmember Cavecche commented on the low cost charged for cleaning and asked if there
was any leeway in modifying this should cleaning fees be raised.
The Director of Community Development reported they will be looking at the frequency of
cleaning and if any change is required, a proposal will be brought back to Council regarding any
increase or decrease in frequency and also charges; and if any changes are made to the method of
cleaning, changes will be proposed with a full cost recovery.
Mayor Murphy clarified the plan to increase the amount of overall cleaning in the Plaza. The bi-
monthly cleaning is a standard that is not incorporated in the fees. It is only the 20 additional
cleanings at the restaurant sites that are being charged, and the costs are calculated on the basis
of that incremental gain in the number oftimes being cleaned.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
TAPE 4420
Jerome Stark, 60 Plaza Square, representing Coney Island Restaurant at 161 N. Glassell, asked
Council to approve the use of misters. Coney Island currently uses them only during the extreme
heat of the day, and they can be monitored not to wet the sidewalk or cause a hazard.
Pat Kelly, 109 W. Chapman Avenue, while not opposed to outside dining, is opposed to blocking
sidewalks, as this can create a hazard and potential liability.
Carlos Calderon, Felix Restaurant, 36 Plaza Square, asked Council to consider letting them use a
2 to 3 foot portion of the sidewalk outside of the pink paved area for tables and also asked about
serving alcohol within the pink areas.
Shannon Tucker, 206 N. Pine, representing YWCA Board, expressed concern about the spoke
streets, and the requirement to keep a 4 foot clearance at all times along the sidewalk.
Carroll Johnson, Sir Wicket Men's Shop, 100-104 S. Glassell, spoke in support of the proposed
Ordinance.
Dan Perez, Cactus Jack's Mexican Grille, 154 N. Glassell, asked about the cost of cleaning in
front of his business.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 5050
The Director of Community Development addressed the following concerns:
-Umbrellas - The Ordinance allows for awnings and umbrellas with a minimum height of7 feet.
-Misters - Staff recommends they not be allowed. They have observed the current misters on
North Glassell and noticed a number of people walking into the street to avoid them. They can
also present a liability issue if the sidewalk gets wet.
-Enforcement - The Ordinance is meant to assist enforcement, as it is easier to notice if tables
are outside the pink area or not immediately adjacent to a building. Code Enforcement activity
PAGE 16
CITY COUNCIL MINUTES
July 10,2001
13. PUBLIC HEARINGS (Continued)
will be stepped up and advised that the numbers to call for Code Enforcement are 744-7244
during the day and 744-5555 during off hours.
-Spoke streets - The same requirements apply that tables are allowed immediately abutting
business fronts.
-Cleaning fee - The fee the businesses are charged for is the square footage in front of their
business, and is not averaged so they are paying for other areas.
-Alcohol - this is not precluded in the Ordinance, but any alcohol requests would have to go
through the State Alcoholic Beverage Control Department and would also require an application
for a City Conditional Use Permit. Also, one of the conditions of the Alcoholic Beverage
Control is that the dining areas be fenced in.
-Furniture Palette - This does not require merchants to purchase new furniture. It will be built
around existing furniture.
-Number of seats - Under the Uniform Building Code, there is a standard for restaurant uses as to
how much square footage is necessary per patron. With that standard, it was determined that 48
seats would fit in each Plaza Dining Zone.
The City Attorney agreed that this Ordinance now makes enforcement of violations possible, as
the pink paved areas provide a definite delineation which is necessary for enforcement. Also,
with regard to the misters, the City does not want to maintain a situation that could be hazardous,
and noted that misters are usually found on private property, not public property.
Councilmember Slater complimented staff on a great job in developing this Ordinance. He
suggested that the cleaning schedule be monitored to see if it is adequate, as it is extremely
important to keep this area clean. He was in favor of the Ordinance as it is proposed and
suggested it be given a trial run and then brought back for a review.
Councilmember Cavecche spoke in favor of the plan. She was at the Plaza the previous weekend
talking with the shop owner in the far corner of the southwest quadrant, who is somewhat hidden
behind table and chairs. The shop owner indicated they were in favor of the proposal as long as
tables were not directly in front of their business.
Councilmember Coontz stated the outdoor dining at the Plaza has brought a great deal of
business to the downtown area. She was in favor of the proposed Ordinance, but stated it is
important to find a way to test it.
Mayor Murphy stated he was uncomfortable with the original proposal when the City was trying
to rent public space, but was pleased with the current concept. He commended staff and the
citizens in developing a more feasible, equitable and affordable proposal, and agreed it needs a
time limit for review.
Councilmember Slater stated it would be fair that if the store owners carefully follow the City's
regulations and rules, then some flexibility could be granted from the City where appropriate.
PAGE 17
CITY COUNCIL MINUTES
July 10, 2001
13. PUBLIC HEARINGS (Continued)
Council action:
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to find that Ordinance No. 8-01 is categorically exempt from the provisions of the
California Enviromnental Quality Act per State CEQA Guidelines Section 15305.
ORDINANCE NO. 8-01 (FIRST READING)
An Ordinance of the City Council of the City of Orange Repealing Chapter 12.18 of the Orange
Municipal Code and adding a New Chapter 12.18 to the Orange Municipal Code relating to
Regulations for Outdoor Dining in the Public Right-of-Way.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved that Ordinance No. 8-01 be read by title only and same was set for second reading by the
preceding vote; and that this be returned in six months for evaluation and review with detailed
information and a compilation of problems provided by staff.
RESOLUTION NO. 9490
A Resolution of the City Council of the City of Orange establishing Outdoor Dining Permit
charges for the implementation of Chapter 12.18 of the Orange Municipal Code and amending
the City's Master Schedule of fees and charges.
MOTION - Murphy
SECOND - Slater
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to adopt Resolution No. 9490.
NOTE: Mayor pro tern Alvarez returned to the dais at 8:30 p.m.
PAGE 18
CITY COUNCIL MINUTES
July 10,2001
13.
PUBLIC HEARINGS (Continued)
TAPE 6150
13.2 LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE): (L1200.0 LMD-82-1) TAPE
6150
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 82-1, which is located westerly of Meats
Avenue in the vicinity of Marywood and Shadow Ridge Streets, Tract 10486.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Director of Public Works reported the proposed assessments of $483 per lot/year for Lots 1
thru 10 and $105 per lot/year for Lots 11 thru 56 are unchanged from the FY 2000-01
assessments. The estimated expenses for 2001-02 are $14,347, which can be funded by interest
earnings and from the district's rate stabilization fund in addition to the assessments.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
No protests had been received.
RESOLUTION NO. 9481
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 82-1.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9481.
TAPE 6330
13.3 LANDSCAPE MAINTENANCE DISTRICT 86-2,
ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS):
LEVY OF ANNUAL
(Ll200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 86-2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills).
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
PAGE 19
CITY COUNCIL MINUTES
July 10,2001
13. PUBLIC HEARINGS (Continued)
The Director of Public Works reported the proposed assessments are based on benefit and will be
$260 for a single family detached unit and $156 for a single family attached unit, which is an
increase of 18.2% over last year. In 1997, the assessment was reduced in order to draw down the
reserve fund. The reserve is now at an appropriate amount and if the assessment is not increased,
the reserve will be depleted by 2004. He also noted the District does not include the park,
sidewalks, equestrian trails, City facilities, the school or PolicelFire facilities. This assessment
will be reviewed on an annual basis.
Mayor pro tern Alvarez asked about the proposed increases for the next few years and the
notification procedure.
The Director of Public Works stated that rates will need to be raised back up to the 1997 levels
over the next 2 to 3 years at the approximate same dollar amount each year. With regard to
notification, the legal requirement is to have a notice published, but because of the fee increase,
the City did send out approximately 1700 notices to the property owners of record.
Councilmember Coontz stated it is confusing for residents to understand why rates are lowered
and then raised and suggested a chart be provided in the future. It seems that the confusion is
created because the City has to estimate what the maintenance costs will be every year.
The Director of Public Works stated the City can only recover the costs of providing services,
which include direct maintenance costs, incidentals and any requirements for contingency and
reserve; and any surplus funds at the end of any given year are to be used to lower assessments
the following year. Maintenance costs are projected each year and include uncertainties such as
energy and water costs.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Tom Harp, Heatherview resident, expressed concern over the increase in rates; but did commend
the City for the landscaping maintenance.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
No protests have been received.
Mayor Murphy explained the City is only the manager of the fund. The only expenses that are
involved are direct costs involved with doing the landscaping and any reserves that are
maintained as part of the set up of this District. If the costs go down and the reserves go up, as
they did in 1997, then rates are lowered. If rates go up, then by statute, the rates have to be
raised in order to maintain those reserves to make sure it stays solvent. He further stated the City
would like the opportunity to turn over the responsibility ofthese Districts to the entities that live
in the areas, which may ultimately be a benefit to the homeowners.
PAGE 20
CITY COUNCIL MINUTES
July 10, 2001
13. PUBLIC HEARINGS (Continued)
TAPE #2
RESOLUTION NO. 9482
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 86-2.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9482.
13.4 LANDSCAPE MAINTENANCE DISTRICT 94-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING): (LI200.0 LMD-94-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 94-1, which is located in the Sycamore
Crossing Tract.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Director of Public Works reported the 124 units in the interior of the tract will pay $175 per
year, the 36 units adjacent to the landscape improvement will pay $178.50 and the senior citizens
housing site will pay a little over $300. Fees for the two City owned lots will be $70 and $35.
The bottom of the channel is maintained by the Orange County Flood Control District.
Councilmember Cavecche asked, when the City connects to the trail, will Council revisit what
kind of responsibility will Sycamore Creek have.
The Director of Public Works reported that when the trail connection is made, the special benefit
the existing trail provides to the development would become a general benefit and the
maintenance ofthe trail would be eliminated from the assessment.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
No protests have been received.
PAGE 21
CITY COUNCIL MINUTES
July 10,2001
13. PUBLIC HEAlNG (Continued)
RESOLUTION NO. 9483
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-1.
MOTION - Cavecche
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9483.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 8:55 p.m.
~~~
CASSANDRA J. :ATHCART, CMC
CITY CLERK
1fI~~y
MAYOR
PAGE 22