7/24/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 14,2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 24, 2001
The City Council of the City of Orange, California convened on July 24, 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 Bishop Herbert Warren, Church of Jesus Christ of Latter-Day Saints
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following individuals received Employee Service Awards:
Michelle Holguin - Finance; Shannon Bradshaw - Public Works; Barbara Magaddino -
Personnel; Brian Fox - Water; Randall Walker - Police; Dan Cahill- Police; Kathryn
Novak - Police; Bryan Meissner - Police; Michael Surber - Community Development;
Cassie Cathcart - City Clerk; James Pyne - Police.
Not present: Viviano Cortez - Public Works; Albert Camacho - Water; Paul Hamilton-
Water; Debra Croasdaile - Police; Barbara Delaney - Police; Stan Corona -
Community Services; Brad Davis - Police
Mayor Murphy announced:
. The City Council will adjourn in honor of Johnnie Chestnut who passed away on July
12,2001; and presented a memorial certificate to the family.
. The tot lot at La Veta Park was dedicated on Thursday, July 19th. The Community
Services Department was commended for their efforts in bringing this playground
equipment to the park.
. Concerts in the Park series continue at Hart Park on Wednesday evenings.
Mayor Murphy announced Resolution No. 9484 was to be removed from the Consent
Calendar for adoption and presentation since the recipient was present.
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CITY COUNCIL MINUTES
July 24,2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
RESOLUTION NO. 9484
A Resolution of the City Council of the City of Orange expressing appreCiatIOn to
Patricia Myers of the City Manager's Office and commending her for thirteen years of
loyal and dedicated service.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
Resolution No. 9484 was presented to Patricia Meyers commending her for years of
service upon her retirement.
2.
PUBLIC COMMENTS
TAPE 960
The following people spoke in opposition to the proposed dog park at Y orba Park. Their
comments included: the need for additional park land for children; children's needs
should come before dogs' needs; the City should meet standards for available park land; a
dog park should be in a non-residential area.
. Dori Dageforde, 2529 Dorothy Drive
. Suzanne Countz, 247 S. Rosalind
. Mary Dargatz, 2534 E. Burly
. Roberta Guice, 225 S. Rosalind
. C. E. Schroeder, 2752 E. Burly
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 July 24, 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.
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CITY COUNCIL MINUTES
July 24,2001
3. CONSENT CALENDAR (Continued)
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 July 5,10 and 12. 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 10, 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 for the period ending June 30, 2001.
ACTION:
Approved.
AGREEMENTS
3.6 Cooperative Agreement between the City of Orange and the County of Orange
Public Facilities and Resources Department for the funding and administration of
engineering and construction of a City bridge rail replacement project as part of the
County's ultimate improvements on Glassell Street Bridge at Santa Ana River
(Bridge No. 55C0069). (A2100.0 AGR-3823)
SUMMARY: The Cooperative Agreement between the City and County of Orange
establishes the funding and respective responsibilities of each agency for the ultimate
improvements on Glassell Street at Santa Ana River.
ACTION: Approved the Cooperative Agreement and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: The City's participation in the project costs is limited to the
engineering and construction of bridge rail replacement estimated in the amount of
$374,200. Fund sources are from federal HBRRP grants in the amount of $331,279
(88.53%), and City matching fund of $42,921 (11.47%), required by the federal HBRRP
guidelines. Funds are budgeted and are available in the account:
271-5011-483300-3815 $ 39,089.53 Special Gas Tax - Bridge Rail Replacement
550-5011-483300-3815 $ 362,087.00 Reimb. Capital Projects - Bridge Rail
Replacement
3.7 Second Amendment to Agreement with Paragon Partners, Ltd. to continue to
provide property acquisition services for the West Chapman Avenue road widening
project. (A2100.0 AGR-3587.2)
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CITY COUNCIL MINUTES
July 24,2001
3. CONSENT CALENDAR (Continued)
SUMMARY: The City has an agreement with Paragon Partners, Ltd. for an amount not
to exceed $32,550 to provide property acquisition services for the West Chapman
Avenue road widening project. The number of acquisition parcels has increased thereby
requiring additional funds to pay for these services.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Amendment
to Agreement with Paragon Partners, Ltd. on behalf of the City for an amount not to
exceed $42,550.
FISCAL IMPACT: Sufficient funds are available in Account No. 550-5011-483300-
4038, Chapman Avenue Widening - 57 Freeway to Main.
3.8 Agreement with Robert Kiley and Associates to serve as Consultant for the City of
Orange Community Foundation, Inc. and the City of Orange Public Library
Foundation Inc. (A2100.0 AGR-3503.A)
SUMMARY: During FY 2000-01 Robert Kiley and Associates (RKA), assisted staff in
establishing the Orange Community and Orange Public Library foundations. The
continued use of the services of RKA are required to further enhance the growth and
financial development of the two 50Ic(3) incorporated foundations.
ACTION: Approved the annual agreement between the City and Robert Kiley and
Associates for an amount not to exceed $31,000, and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are available in Account No. 100-7001-426700
Other Professional and Consulting Services - Community Services.
3.9 Selection of Consultant to Develop 20-Year Library Master Plan (A2100.0 AGR-3824)
SUMMARY: Group 4 Architecture, Research + Planning, Inc., is being recommended
for selection as the consultant to develop a 20-year Library Master Plan for the City of
Orange.
ACTION: Selected Group 4 Architecture, Research + Planning, Inc., to develop a 20-
year Library Master Plan for the City of Orange; approved an agreement between the
City and Group 4 Architecture, Research + Planning, Inc., for an amount not to exceed
$148,800; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: The FY 2001-02 Capital Improvement Program budget includes
$150,000 for this activity (Account 500-2001-485100-9903).
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CITY COUNCIL MINUTES
July 24,2001
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Correction in Funding for California Law Enforcement Equipment Program
(CLEEP) Expenditures for the FY 2001-2002 Budget. (C2500.K)
SUMMARY: In the FY 2001-02 Budget, the CLEEP High Technology grant
expenditures were inadvertently budgeted to Fund 353 (Federal Police Grants) rather than
to Fund 100 (General Fund) where State Police Grant revenue and expenditures are
recorded. Approval of the requested action will correct this error.
ACTION: Reversed the appropriation of $39,346 from Account 353-4011-471301-2254
(Federal Police Grants - CLEEP High Technology Grants) and appropriated $39,346 to
100-4011-471301-2254 (General Fund - CLEEP High Technology Grants).
FISCAL IMPACT: Unreserved fund balance is available in the General Fund to cover
this appropriation because grant revenue has already been received into the General
Fund.
3.11 Purchase of a wireless remote controlled surveillance system. (C2500.K)
SUMMARY: The Police Department would like to purchase a wireless remote
controlled system to aid in investigating a variety of crimes, which include homicide,
robbery, burglary, auto theft, vandalism and sales of narcotics. The successful outcome
to a criminal investigation is often dependent upon the ability of law enforcement to
conduct surveillance on the criminal without being detected.
ACTION: Approved the Police Department's request to use CLEEP funds for purchase
of a wireless remote controlled surveillance system and appropriate $20,000 to Account
100-4011-471301-2254 (General Fund - Police Administration - State Grants - CLEEP
High Technology Grant).
FISCAL IMPACT: The City of Orange was awarded $144,731 through the CLEEP High
Technology grant. The funds were received on September 12, 2000 and are deposited in
revenue account 100-4011-262900-2254. There is $42,000 of unreserved CLEEP funds
available for this proj ect.
BIDS
3.12 Project No. S.P. 3370; Grijalva Park at Santiago Creek. Approval of plans and
specifications, and request for authorization to advertise for bids. (C2500.M.4.20)
SUMMARY: Plans and specifications have been completed for the Grijalva Park Project
at the northwest comer of Spring Street and Prospect Street. The project is ready to be
advertised. The estimated construction cost is $ 2,487,000.
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CITY COUNCIL MINUTES
July 24, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Grijalva Park Project.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
310-9645-485100-0149 Prospect Street Community Park
510-7021-485100-0149 Prospect Street Community Park
551-7021-485100-0149 Prospect Street Community Park
Total
$ 70,000
$ 691,100
$2,138,100
$2,900,000
CLAIMS (C3200.0)
3.13 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Keith Hedrick
b. Dana, Michelle and Chris Kuhlman
c. Chapman Townhomes, Inc., HOA
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.14 Contract Change Order No.1; Bid No. 001-21; Project No. SP-3327, Plaza
Preservation Project and SP-3319, Bank of America Parking Lot Improvement at
345 E. Chapman Ave. (A2100.0 AGR-3697)
SUMMARY: Contract Change Order No.1 authorizes payment for extra work on time
and material basis or at agreed prices. The amount of Contract Change Order No. 1 is
$233,874.50.
ACTION: Approved a Contract Change Order No.1 in the amount of $233,874.50 to
Terra-Cal Construction, Inc. for the extra work.
FISCAL IMP ACT: Funds are budgeted or are available in the following account:
500-7021-485100-9875 $233,874.50 (Plaza Preservation Work) Total $233,874.50
3.15 Contract Change Order No.2; Bid No. 001-15; Project No. SP-3275, City of Orange
Corporation Yard - Seismic Retrofit and ADA Improvements. (A2100.0 AGR-3678)
SUMMARY: Contract Change Order No.2 authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.1 is $7,869.23
ACTION: Approved a Contract Change Order No.2 in the amount of $7,869.23 to DRP
Construction for the extra work.
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CITY COUNCIL MINUTES
July 24, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted or are available in the following account:
550-5011-481105-2975 $7,869.23 (Seismic Retrofit-Garage) Total: $7,869.23
DONATIONS
(REMOVED AND HEARD SEPARATELY) TAPE 1500
3.16 Request to accept donations from the Baden family ($1,045) and from the Woman's
Club of Orange ($150) (C2500.l)
SUMMARY: The City Council is asked to accept a $1,045 donation from the Baden
family for preservation of local history photos, and a $150 donation from the Woman's
Club of Orange for children's programming.
Councilmember Cavecche asked for recognition ofthe donation to the Library.
Sue Baden reported the donation is being made in memory of her mother, Rosalie Baden,
for maintenance of the historical archives.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Accepted a $1,045 donation from the Baden family and a $150 donation from
the Woman's Club of Orange. Both gifts should be directed into the Receipt of Patron
DonationslMaterials budget for FY 2001-02 (Account # 100-2001-293900-9986).
FISCAL IMPACT: $1,195 will be receipted into the Receipt of Patron Donations!
Materials budget for FY 2001-02 (100-2001-293900-9986).
LIBRARY CLOSURE
3.17 Request for Early Closure of the Orange Public Library Facilities to the Public on
Thursday, August 16, 2001. (C2500.l)
SUMMARY: One-hour early closure of the Main Library and the Taft and EI Modena
Branch Libraries (e.g., at 5 p.m. rather than 6 p.m.) is requested to offer Library staff the
opportunity to attend the City's annual Employee Picnic that afternoon.
ACTION: Closed Orange Public Library facilities to the public at 5 p.m. Thursday,
August 16, 200 I.
FISCAL IMPACT: There is no fiscal impact to closing the library facilities. Staff who
do not attend the Employee Picnic will remain at their libraries to work behind the scenes
until their shifts end at 6 p.m.
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CITY COUNCIL MINUTES
July 24, 2001
3. CONSENT CALENDAR (Continued)
PURCHASES
3.18 Purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $125,000. (C2500.I)
SUMMARY: This is a request that the City Council authorize a $125,000 purchase order
with Baker & Taylor, Inc., for print and non-print materials (i.e., books, videos, compact
disks, computer software, etc.) for the Main Library and the Taft and EI Modena Branch
Libraries.
ACTION: Authorized purchase of print and non-print materials for Orange Public
Library facilities from Baker & Taylor, Inc., in the amount of$125,000.
FISCAL IMPACT: Sufficient funds exist in the following account: 100-2001-443101-
0000 (Library Books).
RESOLUTIONS
3.19 RESOLUTION NO. 9468 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9171,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
Request to waive the $400 application fee for inclusion in the neighborhood parking
permit program for residential streets within the permit parking area surrounding
Chapman University, generally bordered by Cambridge St., Chapman Ave., Lomita Ave.,
Mayfair Ave. and Cypress St.
(Continued from July 10,2001.)
NOTE: Councilmember Slater and Mayor pro tern Alvarez abstained on this item due to
property interests in the area.
Mr. TJ. Clark asked about parking at his properties at 811 E. Chapman and 341 N. Olive.
The Director of Public Works was directed to get back with Mr. Clark on these issues.
ACTION: Approve.
3.20 RESOLUTION NO. 9477 (TlI00.0)
A Resolution of the City Council of the City of Orange agreeing to a redistribution of
property taxes for Reorganization No. RO-00-I0, Muskoka Development.
Continued from June 26, 2001)
ACTION:
Approve.
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CITY COUNCIL MINUTES
July 24,2001
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9484 (C2500.E)
A Resolution of the City Council of the City of Orange expressing apprecIation to
Patricia Myers of the City Manager's Office and commending her for thirteen years of
loyal and dedicated service.
NOTE: This Resolution was adopted and presented under Item 1.4
Presentations/Announcements/Introductions.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9486 (S4000.S.3)
A Resolution of the City Council of the City of Orange revlsmg the Residential
Neighborhood Traffic Management Program and rescinding the moratorium enacted by
the City Council in May 1999.
Councilmember Slater asked why staff is recommending this matter be continued an
additional month; and if the moratorium were rescinded would existing speed humps be
removed. He is aware that many residents are anxious to initiate traffic calming studies
and want this resolved.
The Director of Public Works stated the continuation is requested in order to have
sufficient time to mail notices out to residents on Shaffer Street, as requested by the
Council on July 10. Also, existing speed humps will not be removed under this Program.
Mayor pro tern Alvarez asked if this will affect gated communities. The Director of
Public Works stated the program does not affect private streets.
Councilmember Coontz stated she asked that residents along Shaffer Street, between Taft
and Meats, be notified because they have been very concerned about the speed humps on
their street. Also, since the time this was originally voted on, the conflict of interest laws
in California have changed. Councilmembers are now precluded from voting on an issue
within 500 feet of their property rather than 250 feet. Depending on how this matter is
voted on, she will have to determine whether she can vote on this particular part of the
program.
PUBLIC COMMENTS
Mel Vernon, 363 N. Lincoln, spoke in favor of using speed humps as a traffic calming
device and asked that notification also be sent to residents on A venida Palmar,
Marywood, Chestnut, Pampas and Palmyra, as they have requested traffic calming
measures in these areas.
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CITY COUNCIL MINUTES
July 24, 2001
3. CONSENT CALENDAR (Continued)
Bill Lanning, address on file, spoke in opposition to the use of speed humps as there are
other ways to reduce traffic speeds; and asked why residents on Shaffer were notified if
the removal of existing speed humps is not part of the recommendation.
Mayor Murphy clarified that the removal of existing speed humps are not part of the
recommendation and the discussion will be on the moratorium and traffic calming
requests.
Councilmember Coontz explained the reason for the notification to the residents on
Shaffer Street was that these are the only speed humps in the City and the original staff
report was not conclusive about retaining or removing them.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Moved to continue to August 28, 2001.
3.23 RESOLUTION NO. 9492 (C2500.P.3)
A Resolution ofthe City Council of the City of Orange determining that there is a need to
continue the rehabilitation of Water Wells 23 and 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
3.24 RESOLUTION NO. 9493 (C2500.E.6)
A Resolution of the City Council of the City of Orange terminating the existence of a
local emergency.
Vista Royale and Peralta Pointe
ACTION: Approved.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Councilmember Slater and Mayor pro tern Alvarez abstained on Item 3.19. Items 3.16,
3.21 and 3.22 were removed and heard separately. The remaining items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
July 24, 2001
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 2250
Councilmember Coontz reported she had received calls regarding a recent Orange County
Register article on Megan's Law and sex offenders living in Orange. She was deeply concerned
about this issue and asked the Police Chief for a report.
Police Chief Romero reported that California law requires sex offenders to register with local
police departments within five days of release, and the Police Department then keeps tabs on
those individuals. These individuals are placed in cities by the State. Orange currently has 127
registrants, with 2 of those being high risk offenders. The Police Department will be looking to
change their policy to distribute fliers in neighborhoods where these high risk offenders are
located and make these neighborhoods safer. The constant contact they have with these
offenders is definitely a deterrent.
Councilmember Coontz asked about the locations where these offenders can be placed and if the
Police Department keeps in contact with the managers of the motels where offenders are living.
The Police Chief stated they can not be located within Y. mile of a school but the Department is
concerned about children living in motels. The Department does keep in constant contact with
the motel managers.
Councilmember Slater stated he would strongly encourage that all neighborhoods be given fliers
where high risk offenders are located, no matter where they are.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 2680
6.1 Report by the Community Video Advisory Board on the 5 Year Review of Time
Warner Communications cable services. (ORI800.0.28)
Pat Buttress, President of the Community Video Advisory Board, explained that Marilyn
Manson, former President, was leaving the Board. She introduced Jerry Coker and Linda
Johnson and complimented Fedgy Casapulla, Staff Secretary, for her work with the Board.
Councilmember Coontz thanked the Board for a thorough report, and stated the contract between
the City and Time Warner requires that videos of the programs that are funded be provided by
Time Warner and placed in each library, which would include the Main Library, El Modena and
Taft Branch Libraries and Historical Library. These should be made available for citizens who
do not have cable in their homes.
MOTION - Coontz
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to Receive and File.
7. ADMINISTRATIVE REPORTS - None.
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CITY COUNCIL MINUTES
July 24,2001
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 2940
9.1 ORDINANCE NO. 8-01 (SECOND READING) (A2500.0 Outdoor Dining)
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 - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSTAIN - Alvarez
Moved that Ordinance No. 8-01 be read by title only and same was approved and adopted by the
preceding vote.
10.
NOTICED HEARINGS
TAPE 2960
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 1708-1724 WEST
CHAPMAN AVENUE: (C2500.M.14)
Time set for a noticed hearing on resolution of necessity to acquire the following strip ofland for
the West Chapman Avenue Widening Project.
1708-1724 West Chapman Avenue Assessor Parcel Nwnber: 390-241-12
Property Owner:
1708-1724 West Chapman LLC
The Director of Public Works reported this is a 1200 square feet strip of land and that in order
for the Council to acquire any property, they need to make the findings that, 1) the public
interest and necessity require the acquisition of the property for the proposed project; 2) that the
proposed project is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; 3) that the property is necessary for the
proposed project; and 4) that an offer has been made to the owner of record of the property
pursuant to California Government Code. All findings have been met.
Ms. Rabbany, Managing Member of 1708-1724 W. Chapman Avenue, stated this eminent
domain proceeding will affect the amount of parking for the 7-11 Store, which is one of their
anchor tenants; and if they lose part of their center, it will affect the value of the property.
Mayor Murphy explained the action to be taken is only on a resolution of necessity and the
negotiated price can not be discussed. He asked when the findings were made and the policies
were set in place, if these were subject to disclosure and available when doing a search on
properties.
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CITY COUNCIL MINUTES
July 24, 2001
10. NOTICED HEARINGS (Continued)
Staff indicated the planning began in 1988 and the EIR was certified in 1992. This is a matter of
record; and property owners would be made aware of this and tenants would have that
information available to them.
RESOLUTION NO. 9455
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 1708-1724 West Chapman A venue and
authorizing the acquisition thereof.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9455.
10.2 PROPERTY ACQUISITION BY EMINENT DOMAIN, 1818 WEST CHAPMAN
AVENUE: (C2500.M.14)
Time set for a noticed hearing on resolution of necessity to acquire the following strip ofland for
the West Chapman Avenue Widening Project.
1818 West Chapman Avenue
Assessor Parcel Number 390-241-10
Property Owner:
John T. Merrick and Lynne Merrick
The Director of Public Works reported this is a 500 square feet strip ofland and that in order for
the Council to acquire any property, they need to make the findings that, I) the public interest
and necessity require the acquisition of the property for the proposed project; 2) that the
proposed project is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; 3) that the property is necessary for the
proposed project; and 4) that an offer has been made to the owner of record of the property
pursuant to California Government Code. All findings have been met.
RESOLUTION NO. 9489
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 1818 West Chapman Avenue and
authorizing the acquisition thereof.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9489.
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CITY COUNCIL MINUTES
July 24, 2001
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:16 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court
Case No. 01CC02712
Medix Ambulance Service, Inc. v. City of Orange, Orange County Superior Case No. 75 44 97
City of Orange v. Daniel Rudat, Trustee of the Chapman Avenue Trust UDT 6/9/95, et aI.,
Orange County Superior Court Case No. 0lCC04122
NOTE: This item was not discussed. b. Conference with Legal Counsel - Significant
exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case)
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organization: Fire Union
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
13.
PUBLIC COMMENTS
TAPE 3460
Mayor Murphy announced the death of Barbara Gail Hewitt, owner of O'Hara's Pub and
founding member of the Street Fair; and also the death of David George, owner of the Tulsa Rib
Restaurant in Orange.
Paul Mooney, LaVeta Monterey Condominiums, 700 W. LaVeta, distributed copies of
information on the 22 Freeway Sound Wall Project and asked for support and involvement from
the Council for a sound wall on the stretch of the 22 Freeway in Orange.
Mayor Murphy stated he and Councilmember Coontz attend monthly meetings with CalTrans
and would bring this to their attention.
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CITY COUNCIL MINUTES
July 24,2001
13. PUBLIC COMMENTS (Continued)
The following people spoke in opposition to the proposed dog park at Yorba Park:
. Suzie Rickmeyer, 2535 E. Burly Avenue
. Roberta Bonzer, 2548 E. Burley Avenue
. Roger Bonzer, 2548 E. Burly Avenue
. Robert Dargatz, 2534 E. Burley Avenue
. Faye Caroll 354 S. Tracy Lane
. Jerry Carroll, 354 S. Tracy Lane
Annalisa Goode, 438 S. Grand, asked when the matter of the South Grand Street re-zone would
be scheduled for discussion.
Mark Burkhardt, address on file, expressed concern about the impacts of the proposed dog park
and bike path in the McPherson Neighborhood; and suggested communication with the School
District on these issues.
14.
PUBLIC HEARINGS
TAPE 4600
14.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM: (A2500.0)
The public hearing to consider increasing the fees for the City's Transportation Systems
improvement Program (TSIP) by 13.69% for all fee categories within TSIP Areas A, B and C
based on the same percentage increase in the Price Index for Selected Highway Construction
Items for the two year period ending December 31, 2000, prepared by the California Department
of Transportation, was continued to this time from April 10, May 8 and June 12, 2001.
The Director of Public Works reported Council had requested information on how development
fees in Orange compare with other neighboring cities. Staff conducted a study, comparing
development fees of similar projects in Orange with Anaheim, Costa Mesa, Garden Grove,
Irvine, Newport Beach and Santa Ana; with Orange at or below the median range.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Councilmember Coontz asked when Measure M expires. The Director of Public Works stated it
is 2011.
Councilmember Cavecche stated that as growth starts to develop more to the east, she suggested
looking into adding another area to this Program. The Director of Public Works stated staff will
return to Council, perhaps toward the end of this fiscal year, with a comprehensive revision to
these fee programs, and could consider a restructuring at that time.
Councilmember Coontz stated it is important that this fit with the Circulation Element of the
General Plan and wanted to ensure the timing was tied to the General Plan revisions.
PAGE 15
CITY COUNCIL MINUTES
July 24,2001
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9428
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9428.
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 7:52 p.m. in memory of Johnnie Chestnut.
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CITY CLERK
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