8/14/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 28, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 14, 2001
The City Council of the City of Orange, California convened on August 14, 200 I 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 Mr. Warren Johnson, Assistant Coordinator for the Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Alvarez
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of a check in the amount of $403,188.30 was given by Cheri Carroll and
Elva Rubalcava representing the Southern California Edison Company cornmending the
City for its participation in the Light Emitting Diodes Rebate Program which changes
traffic signals to energy efficient ones. Special acknowledgment was given to Public
Works employees for their participation on this project.
Mayor Murphy announced Resolution No. 9501 was to be removed from the Consent
Calendar for adoption and presentation since the recipient was present.
RESOLUTION NO. 9501
A Resolution of the City Council of the City of Orange expressing appreciation to John
Godlewski of the Community Development Department for thirteen years of loyal and
dedicated service.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
Resolution No. 9501 was presented to John Godlewski cornmending him for more than
13 years ofloyal and dedicated service.
PAGE 1
CITY COUNCIL MINUTES
August 14, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Murphy announced:
. The last in the series of Concerts in the Park will take place Wednesday, August 15th.
. Dorothy S. Bosch recently passed away and the Council meeting will be adjourned in
her memory.
. Chapman Avenue off-ramp will open Friday, August 17th; the Collins Avenue bridge
will open Friday, August 17th; and the Katella Avenue on-ramp will temporarily close
for construction this upcoming weekend.
. The newly remodeled Senior Citizens Center will reopen Monday, August 20th. The
Mayor thanked the Elks Lodge for the use of their facilities during the remodel.
Councilmember Coontz announced the death of Jack Perez, an active contributor to the
EI Modena community, and asked that the Council meeting also be adjourned in his
memory.
Councilmember Cavecche distributed Orange stickers to the Mayor and Council
members.
2.
PUBLIC COMMENTS
TAPE 430
Brenda Vasquez, 2295 N. Tustin, spoke on the issue of sex offenders living in Orange.
She was extremely concerned that the City was sending out fliers to areas where only
high risk offenders lived and encouraged the Police Department to take every precaution
possible with all offenders, not just high risk.
Mayor Murphy directed the Police Department to contact Ms. Vasquez regarding this
Issue.
Bill Brinker, 255 N. Waverly, encouraged the building of affordable housing in new East
Orange developments.
Dave Hart, 1249 E. Palm, member of the Plaza Rehabilitation Committee, expressed
concern about the quality of work being done in the Plaza, and submitted information to
Council on some of the detail work, including placement of plaques, reinforcing mesh in
the sidewalk, quality of workmanship, color of pavers and drainage problems.
Mayor Murphy asked that staff meet with the Plaza Committee in addressing the issues
that have been raised; and the Council asked to be notified on why any changes have
occurred from the original plan and what actions result from the meeting with the Plaza
Committee.
PAGE 2
CITY COUNCIL MINUTES
August 14, 2001
3.
CONSENT CALENDAR
TAPE 850
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recornmended 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 August 14, 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 July 19, 24, 26 and August
2,2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 24, 2001.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Agreement with Conrad and Associates, LLP in the amount of $24,950 to perform
agreed upon procedures pertaining to the transient occupancy tax paid by the
hoteIlmotel operators in the City of Orange for the calendar year 2000/01.
SUMMARY: As part of the Audit Plan approved by the Audit Cornmittee, a review is
being performed to ensure compliance with the City's transient occupancy tax ordinance
during the calendar year 2000/01. Comad and Associates has the required expertise and
experience to perform these reviews and has performed similar reviews for the City in the
past.
ACTION: Approved the agreement with Comad and Associates, LLP in the amount of
$24,950 to perform agreed upon procedures pertaining to the transient occupancy tax
paid by the hotel/motel operators in the City of Orange for the calendar years 2000/01.
PAGE 3
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Adequate funds are available and are budgeted in the General Fund,
Internal Audit Division, Other Professional and Consulting Services (100-0211-426700)
3.6 Purchase of two Aerial Device Trucks through a cooperative purchasing agreement.
SUMMARY: A request to authorize purchase of two Aerial Device Trucks through a
cooperative purchasing agreement in the amount of$133,100.06
ACTION: Authorized purchase of two Aerial Device Trucks from Altec Industries in the
amount of$133,100.06 for use by the Street Division ofthe Public Works Department.
FISCAL IMPACT: Sufficient funds in the amount of $133,100.06 are budgeted and
available in Account No. 720-5023-472102, Vehicle Replacement Fund.
3.7 First Amendment to Consultant Agreement with Secor International, Inc. for
professional engineering services for rough grading and remediation of Grijalva
Park at Santiago Creek (formerly known as Prospect Street Community Park).
SUMMARY: This contract amendment is for Secor's performance of construction
related engineering in the form of additional quality control inspection services for the
remedial grading operations.
ACTION: Approved the First Amendment to Consultant Agreement in the amount of
$20,000.00 with Secor International, Inc., and authorize the Mayor to execute, and the
City Clerk to attest, on behalf of the City.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
510-7021-485100-0149 $691,100.00 (Prospect Street Community Park)
3.8 Award professional services contract to B & Z Printing for the design and printing of
the Orange Progress community services brochure / city newsletter for FY 2001- 02.
SUMMARY: This contract authorizes the consultant and its sub-consultant, S&D
Graphics, to design and print the Orange Progress. Based on cornmunity survey results,
staff has expanded the city news section of the Progress, reached an agreement with
Waste Management of Orange to include an environmental news section, and has
improved the overall design of the publication.
ACTION: 1) Transferred $21,000 from 100-7011-421201-7009 (Cornmunity Services
Department-Orange Progress) to 100-201-426600-7009 (City Manager's Office~
Publicity and Advertising-Orange Progress); 2) Approved agreement between the City of
Orange and B & Z Printing for the design and printing of four quarterly Orange Progress
publications in an amount not to exceed $75,000; and 3) Authorized the Mayor and City
Clerk to execute the agreement on behalf of the City.
PAGE 4
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: The cost of the Orange Progress will be shared equally though three
different funding sources: General Fund, Sanitation and Redevelopment Agency. With
the requested transfer of $21,000 from the Cornmunity Services Department to the City
Manager's Office, there are sufficient funds in the accounts listed below.
General Fund: $25,000 100-0201-426600-7009 (City Manager's Office-Publicity &
Advertising-Orange Progress)
Sanitation: $25,000 220-5022-426600-7009 (Refuse and Sanitation-Publicity &
Advertising-Orange Progress)
Redevelopment Agency: $25,000 ($8,333 each)
914-9801-426600-7009 (Tustin Project Area- Publicity & Advertising-Orange Progress)
920-9811-426600-7009 (Southwest-Publicity & Advertising-Orange Progress)
936-9821-426600-7009 (Northwest-Publicity & Advertising-Orange Progress)
3.9 Purchase of a Horton Modular Ambulauce through a cooperative purchasing
agreement.
SUMMARY: A request to authorize purchase of one Horton Modular Ambulance
through a cooperative purchasing agreement in the amonnt of $120,946.12.
ACTION: Authorized purchase of one Horton Modular Ambulance from Leader
Industries in the amount of $120,946.12 for use by the Fire Department as part of the
Transport Program.
FISCAL IMPACT: Funds are budgeted and available in Account No. 720-5023-472102,
Vehicle Replacement Fund.
3.10 Award a Consultant Services Agreement for engineering services during
construction of the Seismic Strengthening of the Water Division Pump House
Building.
SUMMARY: This agreement authorizes the consultant to provide engineering services,
and construction inspection and assistance required, during the construction of the
Seismic Strengthening of the Water Division Pump House Building at 189 S. Water St.
ACTION: I) Awarded a Consultant Services Agreement not to exceed $58,770.00 to
RMS Engineering & Design, Inc. and authorize the Mayor and City Clerk to execute on
behalf of the City. 2) Appropriated $100,000.00 from Fund 601 - Water Capital
Reserves into Water Plant Building Seismic Retrofit Account No. 601-8041-481200-
8211.
FISCAL IMPACT: Adequate funds are available in the Water Capital Fund for this
appropriation. After the appropriation, $100,000.00 will be available in Account No.
601-8041-481200-8211 (Water Plant Building Seismic Retrofit) for this expense.
PAGE 5
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
BIDS
3.11 Rejection of Bids and Re-advertising - Bid No. 001-38, Seismic Retrofit and
Renovation of the City of Orange Fire Headquarters Building.
SUMMARY: The City received one bid for a contract total of $2,843,000.00, which was
higher than our budgeted funds.
ACTION: I) Rejected the bid received for construction of the project; (2) Authorized re-
advertising for bids for the City's Fire Headquarters
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
565-3021-481105-2977
565-5011-481105-2977
550-5011-481105-2977
565-3021-481105-2978
565-7028-485100-2511
$ 140,125.34 (Fire Headquarters Seismic Retrofit)
$ 114,222.36 (Fire Headquarters Seismic Retrofit)
$ 277,725.00 (Fire Headquarters Seismic Retrofit)
$ 507,984.71 (Fire Headquarters Remodel)
$ 77,170.00 (Fire Headquarters Roof Replacement)
Total $1,117,227.41
3.12 Bid No. 012-02. Award contract to Paving Contractors, Inc. for citywide striping
and pavement markings.
SUMMARY: Two bids were received for the citywide contract to provide traffic striping
and pavement marking services. Paving Contractors, Inc. submitted the lowest
responsible bid in the amount of$100,980.00
ACTION: Accepted the bid submitted by Paving Contractors, Inc. in the amount of
$100,980.00; and authorized the Mayor and City Clerk to execute on behalf of the City.
FSICAL IMPACT: $100,980 is available for this project in the 2001-02 budget in the
Contractual Services Account No. 273-5032-427100 (Gas Tax Exchange).
3.13 Project No. S.P. 3179- Hewes Street Realignment and Widening from Bond Avenue
to Santiago Canyon Road. Approval of plans and specifications, and request for
authorization to advertise.
SUMMARY: Plans and specifications have been completed for the Hewes Street
Realigrunent and Widening project from Bond Avenue to Santiago Canyon Road. The
project is ready to be advertised. The estimated construction cost is $1,327,735.
ACTION: I) Approved plans and specifications and authorized advertising for bids for
the Hewes Street Realigrunent and Widening project from Bond Avenue to Santiago
Canyon Road. 2) Authorized additional appropriation in the amount of $21,390 from
unreserved fund balance in Fund 550 (reimbursed capital projects) to Account 550-5011-
483300-3243 (Hewes Street Realigrunent) in the amount of $46,193 from unreserved
fund balance in Fund 285-5011-483300-3243 (Hewes Street Realignment).
PAGE 6
CITY COUNCIL MINUTES
August 14, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Upon appropriation, Funds are budgeted and are available in the
following acconnts:
550-5011-483300-3243
272-5011-483300-3243
285-5011-483300-3243
Total Funds
$ 154,750
$ 750,000
$ 425,359
$1,330,109
Reimbursed Capital Projects
Gas Tax 2105
TSIP AreaC
3.14 Final Contract Change Order - Bid No. 001-28, W-598, Waterline Renewal for
Highland Street and Adams Avenue.
SUMMARY: This project provided for renewal and upgrade of aging waterline in order
to improve the water supply system for domestic and fire protection purposes at Highland
Street and Adams Avenue.
ACTION: I) Approved the Final Contract Change Order in the amount of$31,219.40 to
Steve Casada Construction Co. for the additional quantities at contract unit prices; and 2)
Appropriated $31,219.40 from Fund 601 - Water Capital Reserves into Waterline at
Highland Street Account No. 601-841-484102-1820.
FISCAL IMPACT: Adequate funds are available in the Water Capital Fund for this
appropriation. After the appropriation, $31,219.40 will be available in Account No. 601-
841-484102-1820 (Waterline at Highland Street) for this expense.
CLAIMS
3.15 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Damita Adele Cunningham
b. Automobile Club of Southern California/Donna Kailany
c. Amy Gant
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Contract with the law firm of Woodruff, Spradlin & Smart to provide various legal
services.
SUMMARY: The City Attorney's office utilizes the law firm of Woodruff, Spradlin &
Smart to assist it in providing legal services in connection with personnel, police and
general liability matters. The proposed contract is for an amount not to exceed $100,000
for the fiscal year 2001-2002.
ACTION: Authorized the Mayor and City Clerk to execute the proposed contract with
Woodruff, Spradlin & Smart.
PAGE 7
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are available in Legal Services Account No. 740-0301-
426100.
EXPENDITURES
3.17 Approval of expenditure to Motorola for 800 MHz radio system equipment.
SUMMARY: These purchases are required to replace current cornmunications
equipment that have outlived their serviceability and are no longer supported by their
manufacturers.
ACTION: Approved the expenditure of $67,735.06 to purchase I4 portable XTS 3000
radios and supporting hardware.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
FY 2001-02 120-3021-481302-2525 - $80,000 (Prop 172 Funds)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 9491
TAPE 870
A Resolution of the City Council of the City of Orange denying Appeal No. 482 and
upholding Planning Commission approval of Tentative Parcel Map 200I-116 and Minor
Site Plan Review 170-01 regarding the location of a private driveway along the west side
of the property located at 4629 East Walnut Avenue.
Appeal No. 482; Appellant: Councilwoman Joanne Coontz, on behalf of Lynette Ammer
and surrounding neighbors.
Discussion: The City Attorney reported no additional public testimony should be taken
at this meeting, as the public hearing on June 26th was closed and the matter would have
to be renoticed if public comments were taken.
Councilmember Alvarez reported he originally supported the decision to deny this
Appeal at the public hearing on June 26. However, since that time he has taken a second
hard look at the development, which is an in-fill project, reviewing what the Planning
Cornmission and staff had done. He still agrees with the decisions they made. However,
in taking another look at it, he stated that one of the issues that could not be addressed
was the bulk and mass of the proposed project, that being three 2-story homes, which are
fairly massive compared to the existing neighborhood.
He has looked at the bulk and mass issue, talked to neighbors and looked at other similar
developments in the area. He wished the Council could have considered the bulk and
mass issue and that the development could be more of a compliment to the existing
PAGE 8
CITY COUNCIL MINUTES
August 14, 2001
3. CONSENT CALENDAR (Continued)
neighborhood. There is no way this project could compliment the neighborhood because
of the bulk and mass of the project.
He wanted to determine if the request from the neighbors was a reasonable request,
which was to try to lessen the impact of the homes that were proposed. He concluded
that the only thing he could do was to do what he promised when he was elected, which
was to not support developments that were not compatible to existing neighborhoods.
Since he could not remove the bulk and mass issue, the only thing he could do was to
push the homes further away from the existing neighborhood. For that reason, he cannot
support the Resolution at this time.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Cavecche
NOES - Alvarez, Mayor Murphy, Coontz
Moved to adopt Resolution No. 9491
MOTION FAILED - RESOLUTION NO. 9491 WAS NOT ADOPTED.
Councilmember Slater stated he also took a second look at this project. However,
because of the issues involved with the placement of the driveway - site issues, elevation
changes and drainage problems, he still supports denying the Appeal.
Councilmember Cavecche stated she also took another look at the project, and that she
will stand by her decision to deny the Appeal, stating it is not appropriate to overturn the
Planning Cornmission decision.
The City Attorney stated it will be necessary for him to bring a revised Resolution,
upholding the Appeal, back to the Council for their consideration.
3.19 RESOLUTION NO. 9495
A Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperation and Reimbursement Agreement with the Orange
Redevelopment Agency relating to the improvement of certain public parking lots
serving the central public square and circular plaza at Glassell Street and Chapman
Avenue.
(See ORA Agenda Item No. 3.4)
ACTION: 1) Approved Resolution No. 9495; 2) Approved the award of bid for the trash
enclosure doors to La Habra Fence Co. in the amount of $ I 3,860 and authorized the City
Manager to execute on behalf of the City.
PAGE 9
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9496
A Resolution of the City Council of the City of Orange authorizing the City Manager or
Public Works Director/City Engineer, or their respective designee to execute Program
Supplemental Agreements for federal-aid funded projects.
ACTION: Approved.
3.21 RESOLUTION NO. 9497
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
ACTON: Approved.
3.22 RESOLUTION NO. 9498
A Resolution of the City Council of the City of Orange declaring its appreciation for the
efforts of City staff, specifically Wayne Winthers and George Liang, in favorably
resolving the Vista Royale landslide for the City and its residents.
ACTION: Approved.
3.23 RESOLUTION NO. 9499
A Resolution of the City Council of the City of Orange adopting a Records Retention
Policy and Records Retention Schedule.
ACTION: Approved.
3.24 RESOLUTION NO. 9500
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement, Bid No. 001-28, Waterline Renewal for
Highland Street and Adams Avenue.
ACTION: Approved.
3.25 RESOLUTION NO. 9501
A Resolution of the City Council of the City of Orange expressing appreciation to John
Godlewski of the Community Development Department for thirteen years of loyal and
dedicated service.
PAGE 10
CITY COUNCIL MINUTES
August 14,2001
3. CONSENT CALENDAR (Continued)
NOTE: Resolution No. 9501 was adopted and presented under Item 1.4
Presentations/ AnnouncementslIntroductions.
3.26 RESOLUTION NO. 9502
A Resolution of the City Council of the City of Orange Amending Resolution No. 9387,
the Current Memorandum of Understanding for the City of Orange Fire Fighter's Union,
With Updated Monthly Salary Ranges for Fire Union Classifications.
ACTION: I) Approved Resolution No. 9502; and 2) Appropriated $141,200.00 from
unappropriated General Fund reserves to Fire Department various salary and benefit
accounts cover expenses related to salary increases for Fire Union Employees.
WAIVER OF FEES
3.27 Request for Senior Citizen's Center fee to be waived.
SUMMARY: The City is required to charge persons utilizing its facilities a fee for this
service. International Street Fair Cornmittee is requesting the use of the Senior Citizen's
Center and is further requesting that all rental fees be waived.
ACTION: Approved the waiver of fees for use of the Senior Citizen's Center by the
International Street Fair Committee.
FISCAL IMPACT: The waiver of the rental fees for the Senior Citizen's Center would
result in the loss of $500 in revenue.
MOTION - Cavecche
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.18 was removed and heard separately. The remaining items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
*******
4.
REPORTS FROM MAYOR MURPHY
TAPE 1180
Mayor Murphy asked the Council to consider renaming the Senior Citizens Center to the
Chestnut Center in memory of Johrmie and Connie Chestnut, who were very instrumental in the
formation of the Center.
PAGE 11
CITY COUNCIL MINUTES
August 14,2001
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1220
5.1 Councilmember Coontz
Non-Aeenda Item
Councilmember Coontz reported on the issue of Megan's Law, which regulates the placement of
sex offenders, and sex offenders living in Orange. The Police Department now has a policy of
delivering fliers to areas where these offenders live, and reported that the two high risk offenders
that were living in Orange have both left. One has left the state and the other has returned to jail.
She commended the Policed Department and also Bill Ran1ffi of the Orange County Register for
his articles on this subject.
Request a report on the destruction of local history materials - What is the future of our
community's archival collection?
Councilmember Coontz presented the following report:
My husband and I chose to move to Orange in 1961 because it was the kind of town we had
envisioned - a town with character, a town with vitality and it was an important place in the
history of our county. As we went along, history became very important to me. I joined the
historical society and became the president of it for too many years, I think.
In the seventies there was a move - I would say kind of a destructive move. There were many
people who thought that Old Towne had passed its time. There was a proposal at one instance to
develop a high rise at which is now the Palmyra senior project, which didn't meet with much
pleasure from the people who had been here for quite a while. There were other plans to do
similar activities and I think that they met with what they should have been met with. Because
of that, people in the community became more interested in the historical value of the City of
Orange.
Our city is well known now for its preservation of our historic past. Behind every home listed
on the National Register in Old Towne is a story about the families who helped to build our city,
and the information was obtained by some research into our archives. Every long established
church, neighborhood, business, fraternal and non-profit organization in Orange has a history,
and most of this history has been collected and stored in the basement of the Main Orange City
Library in Old Towne. The collection is probably second only to the City of Anal1eim's history
room and ours is a prestigious enough collection to be recognized and appreciated by the
California State Librarian who recently visited.
It is doubtful that most people in Orange even know about this major resource. This collection
has been stored in the dark, almost inaccessible basement - I call it a dungeon, of the Library for
over twenty years. A basement which has had its share of flooding and there are also a lot of
utility pipes down there. It's not properly air conditioned for the archives, the lighting is poor
and there's not much room for people to work on the accessed material.
PAGE 12
CITY COUNCIL MINUTES
August 14,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
The basis for the collection are the holdings of the Orange Cornmunity Historical Society,
augmented by donations from the community ever since. There is information about the Cypress
Street neighborhood, the Olive School and community, Orange Park Acres, the Ainsworth
family, audio tapes yet to be transcribed about pioneer families and historic photos of
individuals, City scenes and events. The list goes on and on.
In 1979, the Historical Society was establishing their library. The goal was to provide a secure
location to collect and preserve historical materials relating to the Orange area, and secondly, to
make these resources available to people interested in exploring our community's past. It was
first in the basement of what was the Orange National Bank. There was access to it and there
was a volunteer archivist. It was moved when the bank decided to expand and we moved it to
the Library, and we had an agreement with the Library. It was put in the basement, which was
supposed to be a temporary site. It is not temporary at this point.
A major accession were the papers of our founding family, the Glassells. I was able to obtain the
family papers during our City's centennial in 1988. The Centennial Commission donated the
profits from the sale of the bronze bricks in the Plaza for a new history room. The Historical
Society and OTP A followed with donations. After all these years, we've yet to see the
accessible, climate controlled archives which was promised.
It is unfortunate that all the bound copies of the Orange Daily News and other newspapers of our
past from after the turn of the last century through the 1970s were destroyed by flooding, and
consequently, mold several years ago, and were sent for shredding and destiny at the landfill
Some of those were luckily rescued and they are in perfect condition.
I am deeply concerned about the loss of these documents that were a tremendous benefit and
source for our City's history. To my knowledge, neither the Library Board of Directors, the
Orange Community History Society, Old Town Preservation or the Council were informed of
this loss or asked what their preference would be. It is acknowledged by librarians from major
libraries throughout the United States and Great Britain that historic preservation is important
and that collections have an economic value, including paper.
I have discussed this concern with our new Librarian, Nora Jacob, who was also recently
informed of the loss. I greatly appreciate her professionalism and desire to improve our library
facilities and programs; and Rosemarie Williams, assigned to only part of her time to the
collection, is also greatly appreciated for her work. We lost the professional archivist at the time
of the recession and that was unfortunate. She is now in Anal1eim.
I believe there are three solutions to the problem. We need to:
I. Establish criteria for archival preservation.
2. Establish policies for accession and removal of historic materials.
PAGE 13
CITY COUNCIL MINUTES
August 14,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
3. Relocate the archives to a publicly accessible, climate controlled location for use by
patrons and volunteers under the direction of a permanent archivist.
I think we also need to raise more money because I think it's the only way we're going to be able
to achieve that. We were able to purchase the Bank of America building, which was something
I looked at, and so did Mayors before us and the Council, as a place where we could extend the
library. Whether that would be a good location for the future, I don't know, but we need
something in the meantime.
I would like a report back to the City Council providing solutions which can be shared with the
cornmunity and solutions which will bring some success to this project.
Mayor Murphy directed the City Manager to bring a report back within 30 to 45 days with
policies and action plans.
Doug Westfall, 1125 W. Palm, Library Board member and historical publisher, stated the
Library Board was never informed of any records being destroyed, but will ensure they initiate
corrective measures to preserve and house these archives. He stated that the public can contact
him at his website, specialbooks.com, with any suggestions or information.
5.2
Councilmember Slater:
TAPE 1570
Presentation of a draft resolution in support of preservation of Barham Ranch.
Councilmember Slater submitted a draft Resolution for consideration by the Council in support
of preserving the Barham Ranch property for open space purposes. This property is currently
owned by the Orange Unified School District, and is being considered for purchase by the
County of Orange; and it is his understanding that the School District is in support of preserving
this property. He asked for suggestions or comments on the Resolution and would like to bring it
back at the next meeting for adoption.
She asked about the County's plans for purchasing this property from the School Board, if the
City has any information on whether the County has a resolution or if they have this as part of
their plan. She commented on the proposed resolution which states that the property is listed as
priority purchase by the County for inclusion in the regional park system, and whether the City
has information on this reference. She asked if the purchase is something that the County Board
of Supervisors was going to vote on.
She also expressed concern and interest in how the School Board was going to be communicated
with, especially given the fact that there are new members on the Board. It was suggested the
Council should not get involved in an issue between the County and School District.
PAGE 14
CITY COUNCIL MINUTES
August 14,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Discussion ensued regarding the need for communication to the School Board of the Council's
intent to adopt such a Resolution; possibly agendizing this for a Cities-School Committee
meeting; the need to have staff take a final look at the Resolution for content; and the fact that
this Resolution should reflect the Council's desires, regardless of what the School Board decides.
Bob Bennyhoff, 10642 Morada Drive, suggested this be sent to the School Board quickly, and
that the City needs to check with the County if there are sufficient funds for the County to
purchase the property.
Shirley Grindle, stated the County has $4 million set aside in a separate account for this property
and the School Board has been notified ofthis by Supervisor Spitzer's office.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to agendize this Resolution for the August 28th Council meeting; in the meantime, direct
staff to contact the Orange Unified School Board via the Superintendent's Office to make them
aware that this is proposed for the next Council meeting, and elicit comments from the Board;
also direct staff to contact the Orange County Board of Supervisors, particularly Supervisor
Spitzer's office, to obtain background information and verify that funds are available.
TAPE 2070
Consider Council direction to include ETRPA/Great Park Plan and McGowanlPilot's Plan
at the September 20, 2001 Study Session along with presentation by Gary Simon, Executive
Director of the County's local Redevelopment Authority.
Councilmember Slater stated the County has requested a study session, planned for September
20th, in order to present their plans for the EI Toro Airport; and out of respect to other opinions
throughout the City, he suggested the Council also hear presentations, at that same meeting, on
other alternatives for this property.
The Council agreed it would be of benefit to hear all sides of the issue, but expressed concern
about how the meeting would be organized.
Mayor Murphy stated that expectations for the meeting need to be set al1ead of time, suggesting
that each group be given 20 minutes for a presentation with 10 minutes for questions, and no
longer than 90 minutes total. It will be strictly a presentation and not a debate and that no
decisions will be made at that meeting.
The City Manager agreed that ground rules will be established prior to the meeting.
PAGE 15
CITY COUNCIL MINUTES
August 14,2001
5.
REPORTS FROM COUNCILMEMBERS (Continued)
TAPE 2450
Schedule tentative dates for a joint City CounciI/Planning Commission Study Session to
review general plan and zoning of property generally zoned sand and gravel in East
Orange.
Councilmember Slater reported about a year ago the Council discussed having a study session on
the Sully Miller sand and gravel property to look at that area, with its history and zoning. With
other recent discussions that have occurred, Staff has suggested that the overall area be looked at
as there is a great deal of property zoned Sand and Gravel in the area; and a joint study session
with the Planning Commission might be the best way to do this. Staff would be able to provide a
review of the General Plan, background of the areas zoned Sand and Gravel, and
recommendations that mesh with the City's General Plan.
He suggested they look at the areas that lie along the Creek from the Prospect/Collins curve
north to Santiago Oaks Park, as well as the Sully Miller property. There has also been discussion
on the R.J. Noble sand and gravel property at the north end of town, but it was suggested this
property be discussed at another time.
Frank Foster, 19 Cherokee, President and CEO of Fieldstone, reported his company has a current
application on file with the City for the Sully Miller property. They have been working on this
project for 3-1/2 years and any study session would result in a significant delay on this
development. They have followed all steps required by the City and are in the final stages of the
EIR, which will address all environmental concerns. They have also conducted on-site tours of
the property for the Planning Commissioners and adjoining neighbors and have made great
inroads with the community.
Council asked if further study into the Sand and Gravel areas would impact the application
already in place.
The City Attorney reported a study session should not present any legal issues and should not
result in any delays for Fieldstone. It was his understanding that a study session would enable
the Council to take a look at a much larger broader area than that being proposed for the
Fieldstone Development; and suggested that Fieldstone could be invited to the study session to
make their presentation at the same time.
The City Manager was directed to come up with possible dates for a study session and agendize
this as soon as possible.
Non-Aeenda Items
Councilmember Slater reported that coyotes have been spotted at in intersections of Palm and
Shaffer and at Collins and Grand, and asked that the community be made aware ofthe dangers of
coyotes and to keep pets and food sources indoors.
PAGE 16
CITY COUNCIL MINUTES
August 14,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Alvarez directed the City Clerk, through the Mayor, to agendize the City's
participation in the Orange County Regional Airport Authority (OCRAA) with direction for
Orange to withdraw from OCRAA; to be agendized after the September 20th Study Session.
Councilmember Alvarez asked about the meetings regarding the McPherson Trails issue; and
asked if there will be a session in the near future for the Council to provide direction to the staff
as to where the City is going with that issue.
The City Manger stated staff is preparing a report that will bring the Council up to date on what
has been accomplished so far and what processes still need to be done. An environmental review
needs to be done, along with community meetings, and the Council will be kept informed along
the process. A study session can be held any time the Council wishes.
Councilmember Coontz suggested the Council also be kept informed of the Master Plan of
Recreational Trails.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10.
NOTICED HEARINGS
TAPE 3280
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 1809 W. CHAPMAN
AVENUE:
Time set for a noticed hearing on resolution of necessity to acquire a strip of land for the West
Chapman Avenue Widening Project. The City is seeking a strip of land in fee of approximately
3,510 square feet, along with a temporary construction easement. There are no buildings located
on this strip of/and.
1809 West Chapman Avenue
Property Owner:
Assessor Parcel Number 39-321-47
Lou Adray and Sons, A General Partnership
The Director of Public Works reported 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;
PAGE 17
CITY COUNCIL MINUTES
August 14,2001
10. NOTICED HEARINGS (Continued)
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.
He reminded the Council this Resolution is only to determine public necessity and not the value
of the property; and that this does not preclude further negotiations with the property owner.
The City Attorney reported a letter had been received from the law office of Waldron & Olson,
representing the property owner. In response to a statement in the letter that the notice of the
hearing was sent to the wrong address, he reported the law requires the City to send notices to
the address contained on the latest tax assessment roll. They also sent a second notice to Mr.
Adray personally. The notice was obviously received since they did receive a response from his
attorney.
The City Attorney also reported other items mentioned in the letter relate to the fact that the City
has an easement for street purposes over much of the property. Often, the adjoining property
owner owns the underlying fee, but in this case the City will also be condemning the fee as the
City will take ownership of this 10 foot strip of property. However, this issue is outside of this
particular action.
He further reported there is a contention in the letter that the latest 10 foot easement received
from Adrays was part of an Owner Participation Agreement. He doubts it was ever part of an
agreement, but rather probably part of a condition of development for their property. The City
does have an easement, recorded 14 years ago, which states that it was given for consideration
and signed by Adrays.
RESOLUTION NO. 9494
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 1809 West Chapman Avenue and
authorizing the acquisition thereof.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approved Resolution No. 9494.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
PAGE 18
CITY COUNCIL MINUTES
August 14,2001
12. RECESS TO CLOSED SESSION
NOTE: The Council did not meet.
a. Conference with Legal Connsel pursuant to Government Code Section 54956.9 - existing
litigation:
Nieupointe Enterprises, LLC, et a!. v. City of Orange, et a!., Orange County Superior Court
Case No. 01CC02712
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.
13. ADJOURNMENT
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 6:23 p.m. in remembrance of Jack Perez and Dorothy S. Bosch.
~cCt<-,~~~
CASS J. CATHC MC
CITY CLERK
1lfAillp
MAYOR
PAGE 19