HomeMy WebLinkAbout8/28/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 25, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 28,2001
The City Council of the City of Orange, California convened on August 28,2001 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 Reverend Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Cavecche
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Service Awards:
Darlene Striegel- Finance; Belva Teegarden - Library
Not present: Susanna Carbaugh - Police
Resolution No. 9498 was presented to Wayne Winthers and George Liang commending
them for their efforts relating to the Vista Ridge project.
Mayor Murphy announced:
. A new Library Reference service is now available on-line 24 hours a day, 7 days a
week, and can be accessed through the City web site at cityoforange.org.
. A special tribute to Orange resident, Jackie Slater, Football Hall of Fame recipient,
along with the grand opening of the new snack bar at Hart Park, and the kick off of
the Orange Youth Football, will take place on Thursday, September 6th at 6:00 p.m. at
Hart Park.
. The Orange International Street Fair will take place, around the Orange Plaza, over
the Labor Day weekend, Friday evening, and all day Saturday and Sunday.
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CITY COUNCIL MINUTES
August 28, 2001
2.
PUBLIC COMMENTS
TAPE 520
Mary Dargatz, 2534 E. Burly, submitted information to the Council, and spoke in
opposition to the proposed dog park at Yorba Park, stating that in the Master Plan of
Parks, Y orba Park is designated as a neighborhood park.
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 August 28, 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated. August 7, 9, and 16,2001.
Note: Mayor Murphy abstained on this item due to an employment conflict.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, August 14, 2001.
ACTION:
Approved amended Minutes.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending July 31, 2001. (C2500.F)
ACTION:
Approved.
AGREEMENTS
3.6 Agreement with DMG-Maximus to serve as consultant to continue preparing and
filing claims for reimbursable state mandated costs (SB-90 Claims).
(A2100.0 AGR-1760.H)
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CITY COUNCIL MINUTES
August 28, 2001
3. CONSENT CALENDAR (Continued)
SUMMARY: This is a request that the City Council authorize a three-year option
agreement with DMG-Maximus to assist in the preparation and filing of reimbursable
state mandated claims.
ACTION: Approved the Agreement to Provide Mandated Cost Claiming Services in the
amount of$11,250 for FY 2001-02, $11,800 for FY 2002-03, and $12,400 for FY 2003-
04.
FISCAL IMPACT: Sufficient funds are available for FY 2001-02 in the following
account: 100-263300 (State Reimb-Mandated Costs) $200,000.
3.7 Amendment No.1 to Consultant Services Agreement with KFM Engineering for
Professional Engineering Services for Santiago Creek Trail from City of
Orange/City of Santa Ana Boundary line to SR-55 at Palmyra Avenue.
(A2100.0 AGR-3505.1)
SUMMARY: This contract amendment is needed to allow the consultant, KFM
Engineering, Inc., to provide additional construction plans for the extension of the
Santiago Creek Trail from Cambridge Street to Palmyra Avenue and ultimate future
alignment design through Hart Park.
Additional engineering services will increase the consultant contract cost $28,180.00,
from $81,385 to $109,565, plus $10,957.00 in contingencies on an as needed basis as
approved by the City Manager and the Director of Public Works. Adequate funding has
been budgeted.
ACTION: 1) Approved Amendment No.1 to KFM Engineering, Inc., contract including
an increase in the amount of $28,180 plus $10,957.00 contingencies and authorize the
Mayor to execute, and the City Clerk to attest, on behalf of the City. 2) Authorized the
City Manager to approve change orders not to exceed the contingency amount of
$10,957.00.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
245-5011-486700-6099 $106,900 (AB 2766 Air Pollution Reduction)
271-5011-486700-6099 $92,100 (Gas Tax)
3.8 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Cruz Armendariz
b. Georgia Frawley
c. Donna Kailany
d. Steven Sumi
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
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August 28, 2001
3. CONSENT CALENDAR (Continued)
PURCHASES
3.9 Purchase of Medical Research Laboratories, Inc. (MRL) Cardiac
MonitorIDefibrillator on a sole source basis. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of thirteen MRL
cardiac monitors/defibrillators on a sole source basis in the amount of$134,593.70.
ACTION: Authorized purchase of thirteen MRL cardiac monitor/defibrillators form
Medical Research Laboratories Inc. in the amount of$134,593.70.
FISCAL IMPACT: $155,598 is available in account 125-3022-471301 (EMT Transport
Equipment Additions) for this purchase.
RESOLUTIONS
3.10 RESOLUTION NO. 9503 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending and revising the Master
Schedule of fees and charges as authorized by Orange Municipal Code Chapter 3.10.
ACTION: Approved.
3.11 RESOLUTION NO. 9504 (A2100.0 AGR-3721 /3797)
A Resolution of the City Council of the City of Orange accepting the completion of a
certain public works and improvements; namely, the installation of Tot Lot Equipment at
La Veta, Eisenhower and Hart Parks (RFP 001-24 and Bid No. 001-40).
ACTION: Approved.
3.12 RESOLUTION NO. 9505 (A2100.0 AGR-3755)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-31; SP-3349; Improvements to
the existing Orange Senior Citizens Community Center.
ACTION: Approved.
3.13 RESOLUTION NO. 9506 (A2100.0 AGR-3781)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-36; D-136; Shaffer Street Storm
Drain Improvements.
ACTION: Approved.
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CITY COUNCIL MINUTES
August 28, 2001
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 9507 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Shaffer St.
from Chapman Ave. to Almond Ave. from 6:00 a.m. to 7:00 p.m. on October 20,2001,
for a Fall Festival School Fair, at St. John's Lutheran Church.
ACTION: Approved.
3.15 RESOLUTION NO. 9508 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-200l-12 adjusting lot lines of certain real property described as 1540 E. Trenton
Avenue (Orange Village Mobile Home Park), 1400 N. Tustin Avenue (Toyota of
Orange), Assessor Parcel #375-472-17 & 375-472-21, in the City of Orange, County of
Orange, State of California.
Note: Mayor Murphy abstained on this item due to an employment conflict.
ACTION: Approved.
3.16 RESOLUTION NO. 9509 (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 and 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)
3.17 RESOLUTION NO. 9511 (A4000.0 APP-482)
TAPE 660
A Resolution of the City Council of the City of Orange overruling the Planning
Commission and approving Appeal No. 482 amending Tentative Parcel Map 2001-116
and Minor Site Plan Review 170-01 to locate the private driveway along the east 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
Councilmember Slater stated he had recently received additional information on this
item, asking about the City guidelines which mandate that residential structures can not
be located within 50 feet of horses, and would this Resolution have the City in violation
of its own Ordinance ifit were approved.
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CITY COUNCIL MINUTES
August 28, 2001
3. CONSENT CALENDAR (Continued)
The Community Development Director stated the area is not specifically zoned for
horses. The code requirement talks about areas where horses are kept, that they be kept
no closer than 50 feet from residential, so the burden is on the keeper of the horses as
opposed to new development around it. However, in this case, there is an existing legal
non-conforming use that can remain. The property in question with this Resolution can
be built based upon the setbacks that apply to the zone absent any consideration of the
adjoining horse use.
The City Attorney stated the current zoning drives what the setback requirements are. As
it exists now, the horses are kept within 50 feet of residential structures which border
them on the north. The City did receive a complaint several months ago from a neighbor
regarding the home where the horses are kept. Their contention was that the horses are
being kept within 50 feet of the residence. An opinion letter was issued to the owner of
the horses that it was a legal non-conforming use, and as such, could continue.
Councilmember Slater asked if, from the City's perspective, the City would not be
pursuing any complaints about the location of the horses; and asked the City Attorney if
he knew of any instances where someone had successfully sued, on a civil basis, to force
compliance.
The Community Development Director reiterated that the City's zoning indicates the
property is not zoned for equestrian use. However, the existing use is a legal non-
conforming use which can remain until such time that the nature of the use changes or
lapses for a six month period. Someone could not come back and reestablish that use
after that particular use had lapsed. The City is not trying to drive out the existing
equestrian use, but the zoning does not recognize or would not allow new equestrian uses
to go into this particular neighborhood.
The City Attorney stated that when the Council zoned the area R-l, it basically said the
area is no longer appropriate for equestrian uses, so no future equestrian uses will be
approved. He was not aware of any civil lawsuits, although it could happen, as legal non-
conforming uses do create issues. No matter how the City decides on this issue, the
property owner has the ability to develop that property and there is really not much the
City can do to preclude neighbors from, in the future, filing a private nuisance suit.
Councilrnember Alvarez asked about the City Attorney's written opinion and if it was
distributed to other City departments.
The City Attorney stated in response to a complaint from a neighbor of the existing
equestrian property, they determined that, yes, it was within 50 feet, but since that use
existed prior to the zone change, it could continue to exist as a legal non-conforming use.
A legal opinion was written and a letter sent to the equestrian property. The Community
Development Department did receive a copy of this letter. Also, this issue had apparently
come up several years ago, and the City was told by the equestrian property owner that
she had a court ruling that was a legal non-conforming use.
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CITY COUNCIL MINUTES
August 28, 2001
3. CONSENT CALENDAR (Continued)
Councilmember Alvarez asked regardless of the position of the driveway, either east or
west, that because of the setbacks, the driveway really wasn't an issue for lots 1 and 2,
but lot 3 was a different story.
The City Attorney stated that with respect to the last lot, which side the driveway goes on
is not really going to have any impact on the setback. It will just drive the configuration
of the house, whether the garage faces the equestrian property or whether the backyard
faces it. However, if the driveway were along side the equestrian property for the other
two lots, they would be further away from the equestrian property and then closer to the
neighbors on the other side.
Councilmember Slater stated he would not support the Resolution. He has stated several
reasons in the past, but is particularly concerned that the City is placing more residences,
at least one more, very close to, or within 50 feet of, existing horses. He does not think
this is a wise planning move.
Councilmember Cavecche will continue her opposition on this issue and uphold both
staff and Planning Commission decisions.
MOTION - Murphy
SECOND - Coontz
AYES - Alvarez, Coontz, Mayor Murphy
NOES - Slater, Cavecche
ACTION: Approved.
VOTING DELEGATE
3.18 Designate Mayor pro tem Alvarez as the voting delegate and Councilmember
Cavecche as the voting alternate for the League of California Cities Annual
Conference, September 12-15, 2001. (ORI800.0.12)
Note: Mayor pro tem Alvarez thanked the Mayor and Council for their support in
designating him and Councilmember Cavecche as the voting delegates.
ACTION: Approved.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.17 was removed and heard separately. Mayor Murphy abstained on Items 3.2 and
3.15 due to employment conflicts. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
August 28, 2001
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 960
5.1 Councilmember Slater - Resolution supporting the preservation of Barham Ranch.
(C2500.D)
RESOLUTION NO. 9510
A Resolution of the City Council of the City of Orange supporting the preservation of Barham
Ranch.
DISCUSSION
Councilmember Slater reported a letter had been received from the Orange Unified School
District Superintendent, Barbara Van Otterloo, requesting Council continue this item until after
the Boards' September 6th meeting. He suggested the School Board, as a result of bringing this
subject forward, has seemed to raise the bar in terms of consideration; and in fact, the City of
Villa Park has also agendized a similar resolution.
He noted at the School Board meeting on August 27th, it was announced, after a closed session
meeting, that rather than moving toward a discussion of disposing this property or preserving it,
the Board now wants to have discussions with the County concerning gaining road access to the
property. He stated he knew of at least one Board member who would like to consider building a
school or golf course on the property.
He suggested honoring the request from the School Board, and continue this item until the next
Council meeting, which would be after the School Board's September 6th meeting. Also to
request the Board use their September 6th meeting to let the City know what their intent is for
the property, either for the near future or distant future.
The City Manager stated he had faxed a copy of the draft Resolution to the School District
Superintendent and then discussed the issue with her. Subsequently, she sent the letter to the
City requesting the continuance indicating the Board would be discussing this item on September
6th. He also contacted Supervisor Spitzer's office and received a copy of a letter from Supervisor
Spitzer to the City of Villa Park confirming the fact that there is approximately $4.1 million set
aside for the purchase of this property ifthe Board intends to purchase it.
Mayor pro tem Alvarez stated he and his daughter had the opportunity to tour Barham Ranch
with one of the rangers from Santiago Oaks. He had a view of the terrain and of the Serrano
Heights development. He was glad to have the opportunity to see it in person and how it relates
to Irvine Park, the City of Orange and Santiago Oaks.
Councilmember Coontz stated she appreciated the fact that some of the questions she had asked
are being answered. She recognizes that Barham Ranch is a valuable rural open space and
assumes the School District will send the City something back in return before the next meeting.
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CITY COUNCIL MINUTES
August 28,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue Resolution No. 9510 to September 11th and request that the School Board
give the City feedback as to their intentions for the property.
Off-Agenda Item
Councilmember Slater asked about the proposed study session for the Sully Miller property.
The Community Development Director stated that staff will be checking the Council's
schedules, the Planning Commission and Fieldstone Company. It will hopefully take place in
September.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Investment Oversight Committee Fourth Quarter Report for the Quarter Ending
June 30, 2001. This report summarizes the activity of the Investment Oversight
Committee. (ORI800.0.27.16)
The City Treasurer presented the Fourth Quarter Report.
Mayor pro tem Alvarez asked about the call provisions on several investments.
The City Treasurer stated these investments were placed in other accounts of like products.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
7. ADMINISTRATIVE REPORTS - None.
8.
REPORTS FROM CITY MANAGER
TAPE 1320
8.1 Informational Report from the Director of Public Works regarding the status of the
City's sanitary sewer system. (C2500.M.3)
The Director of Public Works summarized the report submitted to Council. The City has a total
of 305 miles of City maintained sewers, ranging in size from 6 inches to 24 inches in diameter.
Most of the sewer system was built between 1960 and 1980. The regular maintenance program
calls for annual cleaning of sewers, by contract, with a number of locations maintained more
frequently. These are usually locations associated with excessive amounts of grease in the line
or may involve a flat grade or a siphon where sewer passes under another facility.
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CITY COUNCIL MINUTES
August 28, 2001
8. REPORTS FROM CITY MANAGER (Continued)
The City has a video system which video tapes the interior of the sewer lines, and has completed
about 23%. The maintenance contractor also inspects the 6600 manholes; and the system
includes two sewage pump stations which are maintained on a monthly basis.
The material used over the years is almost exclusively vitrified clay pipe and is a material which
is very successful in providing an effective sewer system and is resistant to deterioration and
damage. There is about 1,000 feet of polyvinylchloride (PVC) pipe installed in the Santiago
Hills development. This has performed satisfactorily but an inspection of the line indicates there
has been some deflection and the City will not be using any more of this material.
When there is a problem with the line, replacements are made as quickly as possible, but there
have not been any significant failures. The one major failure the City did have was in the Villa
Real area when a water line blew out and took the nearby sewer line.
The City has recently received three grants from the Orange County Sanitation District, totaling
$910,000, which will be used to purchase additional video equipment, construct two storm drain
proj ects and update the Master Plan of Sewers.
The 1990 Master Plan of Sewers identified capacity deficiencies and were identified in three
tiers. The City has completed the Tier 1 projects, most of the Tier 2 projects and is currently
working on Tier 3 projects. The estimated cost to complete the remaining capacity deficiencies
which have been identified is about $6.3 million. However, funding is not assured in order to
continue this program. They have been using developer fees and Community Development
Block Grant funds where possible. The Sanitation Fee, which pays for sewer maintenance, does
not include any component for capital improvements.
The new Master Plan, in addition to looking at pipe size deficiencies, will also look at other
anomalies that may exist, inflow and infiltration, repair needs, projecting growth needs over the
next 20 years and looking at structural deterioration that may exist and identifYing remedial
programs. They expect that there will be some replacement due to deterioration in the lines and
the age of some of the sewer lines. In Old Towne, the sewer lines are undersized by current
standards, 6 inches as opposed to the current minimum size of 8 inches, which makes them more
susceptible to blockages and possibly spills.
He explained the definition of a spill is a discharge of sewage that enters, or is likely to enter, the
waters of the United States or the State, and reviewed the City's Spill Report form, listing the six
other agencies that the City reports to.
Of the seven spills that have been reported this year, five are attributable to grease blockages,
which has been identified as a major problem. In 1999, the City did reinitiate a requirement that
any new construction of restaurants or facilities that produce grease have grease traps. These
traps require effective inspection programs and routine maintenance, or they can start to spill and
create a worse problem. There can also be problems in the industrial areas, involving discharge
of chemicals. When the City can identifY the source of these kinds of problems, they do follow
through either with the District Attorney's Office or through the City's Code Enforcement
Division.
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CITY COUNCIL MINUTES
August 28, 2001
8. REPORTS FROM CITY MANAGER (Continued)
He outlined the six steps the City takes in responding to spills. The key elements are to contain
the spill, clear the blockage and collect the material and remove it from the site. Spills in the
public right of way are also routinely reported.
Councilmember Coontz complimented the Public Works Department for a great job. She asked
about the grease spills, which could be of great concern over a period of time, especially as many
of the restaurants are in older areas of the City. She asked about the enforcement, and if
education is provided. There are probably a lot ofrestranteurs and employees who have no idea
they can not pour grease down the drain pipes. The City has other educational programs
regarding restaurants and suggested including this type of education. She also asked if the spills
can be traced to the source.
The Director of Public Works reported in some cases, the debris can be traced back to the source
with the video cameras, and where there is sufficient evidence, the City does have the ability to
take legal action. With regard to education programs, the City does not have any active program
at this point. There is not an inventory of how many grease traps there are. The County Health
Department does make contact with restaurants on a regular basis and there has been some
discussion that they would expand their activities to include inspection of grease traps, as they
are probably in a better position than the City to do this. It would be a good idea to contact the
County Health Department, since they are the health enforcing authority in the City, and identify
what kind of program could be put in place from an education standpoint.
Councilmember Coontz stated there have been repeat violators and it should be an issue that is
sent directly to the County Health organization, so they can address that in their visits.
Mayor Murphy noted Orange has taken a proactive approach in this and congratulated the Public
Works Department.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION
TAPE 2220
The City Council recessed at 5 :45 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
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CITY COUNCIL MINUTES
August 28, 2001
11. RECESS TO CLOSED SESSION (Continued)
Note: The Council did not meet on this issue.
Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court
Case No. 0ICC027l2.
City of Orange v. Oly Orange Commerce etc., et al; Orange County Superior Court Case No.
01CC02440.
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
PRESENT A TIONS/ANNOUNCEMENTS/INTRODUCTIONS
Mayor Murphy recognized and presented certificates to the Orange North Sunrise Little League
Championship Team, who recently won the District 30 Championship. He introduced Mark
Sandford, Team Manager, who introduced the players and coaches.
Mayor Murphy announced:
. A special tribute to Orange resident, Jackie Slater, Football Hall of Fame recipient, along
with the grand opening of the new snack bar at Hart Park, and the kick off of the Orange
Youth Football, will take place on Thursday, September 6th at 6:00 at Hart Park.
. The Orange International Street Fair will take place, around the Orange Plaza, over the Labor
Day weekend, Friday evening, and all day Saturday and Sunday.
12.
PUBLIC COMMENTS
TAPE 2580
John Whiteriver, 194 S. Pixley, representing American Legion Post 132, thanked former Mayor
Joanne Coontz and the Council for their assistance in building the Veterans Memorial. He asked
if a trash can could be placed in the area of the Memorial to help keep the area clean.
The City Manager was instructed to follow through with this request.
Jeannine Lawrie, 2512 N. Shady Forest Lane, President of the Orange Dog Park Association,
spoke in support of a dog park at Yorba Park, and provided an update on the activities of the
Association.
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CITY COUNCIL MINUTES
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12. PUBLIC COMMENTS (Continued)
Cynthia Morgan 4900 E. Chapman, spoke in support of a dog park at Y orba Park and submitted
information to the Council on dog parks throughout the State.
Rick Cryder, 307 S. Wrightwood, spoke in support of a dog park at Yorba Park.
Miriam Yarden, Long Beach resident, spoke about the benefits of dog parks in general.
13.
PUBLIC HEARINGS
TAPE 3100
13.1 CONDITIONAL USE PERMIT NOS. 2377-01, 2378-01, 2379-01 AND 2380-01;
MAJOR SITE PLAN REVIEW NOS. 105-99, 106-99, 107-99 AND 108-99;
EQUITY OFFICE PROPERTIES (FORMERLY SPIEKER PROPERTIES)
(C3300.0. CUP 2377-01)
Time set for public hearing to consider a request from Equity Office Properties Trust to construct
four new office buildings that have a total area of 1.2 million square feet. Each Conditional Use
Permit application is to allow additional building height and each Major Site Plan Review
application is to allow construction of a building larger than 10,000 square feet.
· CUP 2377-01 and Major Site Plan Review 105-99, a 6-story, 132,000 square foot office
building and a 5-level above-grade parking structure on a site located at the northeast corner
of Chapman Avenue and Manchester Place.
· CUP 2378-01 and Major Site Plan Review 106-99, a 24-story, 465,000 square foot office
building and an 8-level above-grade parking structure on a site located on the west side of
The City Drive, approximately 400 feet south of Chapman Avenue.
· CUP 2379-01 and Major Site Plan Review 107-99, a IO-story, 200,000 square foot office
building and a 5-level above grade parking structure on a site located at the northeast corner
of Lewis Street and Metropolitan Drive.
· CUP 2380-01 and Major Site Plan Review 108-99, a 19-story, 360,000 square foot office
building and a 6-level above-grade parking structure on a site located on the north side of
Metropolitan Drive between Lewis Street and The City Drive.
NOTE: The environmental impacts of these projects have been analyzed through Environmental
Impact Report 1612.
STAFF REPORT
The Director of Community Development reported this is a series of projects under one
umbrella, part of which is the environmental review. The Environmental Impact Report (EIR)
documents the four different office buildings and hotel site, looks at the potential impacts of the
magnitude of the development and concludes that there are potentially significant impacts in
approximate eight areas. The report then specifies over 30 mitigation measures that will mitigate
those impacts. In order to move ahead with the environmental report, the Council needs to find
that the report adequately identifies the impacts and the mitigation measures, and there is reason
to adopt a statement of overriding consideration that the project meets a number of the intents of
the General Plan.
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CITY COUNCIL MINUTES
August 28,2001
13. PUBLIC HEARINGS (Continued)
She reviewed each of the four projects, indicating that if the projects are approved, that basic
parameters will be established. The developer will then need to return and go through the Staff
Review Committee and Design Review Committee to establish the specific individual designs of
each of the buildings. At that time, additional conditions of approval would be added to the
project for further refinement and specific proposals for each ofthe sites.
Councilmember Coontz asked about the process, if the overriding considerations in the
environmental impact report would be covered under the basic motion. The Director of
Community Development indicated it would.
Mayor pro tem Alvarez asked what the time limit is once the Conditional Use Permit is
approved. The Director of Community Development stated the time limit is initially two years,
but the developer can ask for a one year extension after those two years.
Councilmember Cavecche asked about reciprocal parking with The Block, as it appeared there is
a large piece of parking being taken away from The Block. The Director of Community
Development reported there are very few reciprocal parking agreements, but there are some
things that happen informally in that area. This project is meeting all its own demands with
parking structures. But in the future, if there is a need for any formal reciprocal parking should
The Block not meet its parking demands, the various property owners would have to come back
to the City with a shared parking agreement; and the City would look at the specifics under the
Conditional Use Permit. The proposed project will not affect the ability for The Block to meet
the required parking.
APPLICANT
Mitch Ritschel, Equity Office Properties, 19700 Fairchild Road, Irvine, reported that on July 2,
2001, the original applicant, Spieker Properties, and Equity Office Properties, approved the
merger of Spieker into Equity Office. As such, Equity Office now owns all the City properties
that is the subject of this hearing. He reviewed the history of this project noting that the design
concept will be compatible and complimentary to the existing buildings in terms of architectural
design, quality, scale and mass. These design principles are included in the EIR and related plan
documents which serve as a planning framework.
No development schedule has been formalized for these sites beyond obtaining approvals.
However, each site ahs been addressed in the EIR and planning documents so they can stand
alone and be addressed as separate sites. They are in full agreement with the recommendation
and thanked the City staff for their assistance in processing these applications.
COUNCIL QUESTIONS
Councilmember Cavecche asked if there was an order in which the buildings would be
developed. Mr. Ritschel stated probably the smaller buildings would be developed first.
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CITY COUNCIL MINUTES
August 28, 2001
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Alvarez asked how these developments would affect the neighboring
infrastructure and about the Fire Department strategies in dealing with high rise buildings.
The Fire Chiefreported the City's tactical high rise plan is consistent with the Orange County
Fire Service, and that these proposed buildings will feature extensive fire protection facilities.
The Director of Public Works reported the infrastructure issues center around the street facilities,
sanitary sewer and storm drain facilities. City Drive has been widened and the intersection of
City Drive and State College was improved to Master Plan standards. There is a proposed
project for the realignment of Metropolitan Drive and freeway ramps that connect to City Drive
to improve traffic circulation in that area and provide better access. This proj ect is conditioned
to dedicate the necessary rights of way for the realignment of Metropolitan Drive
There are a number of traffic impacts that were identified at other remote locations and those are
addressed in conditions within the Conditional Use Permit. There is also an obligation for the
Applicant to contribute to the fair share cost of certain traffic improvements, and conditions to
promote and facilitate the use of mass transit.
The storm drain facilities are adequate in this area. With regard to sewers, there is an obligation
to provide monitoring facilities in existing sewer lines and if the design capacity of those lines is
exceeded, there would be an obligation to participate in the fair share cost of increasing the
capacity of those lines.
Councilmember Cavecche asked about a possible problem with synchronizing the signal at City
Drive and Chapman. The Director of Public Works stated the projections on level of service at
that intersection are adequate; and that traffic signal timing programs need to be optimized and
there is ongoing programs for that purpose. This is a location that would be tied into the City's
Master system.
Mayor pro tem Alvarez asked as the project is being built out, would the City require testing the
loads of the nearby streets, noting the peak traffic volumes for the proposed offices will be
different from The Block.
The Director of Public Works stated there is a traffic model which projects volumes at various
times. These issues will be addressed as they arise and the traffic conditions will be reviewed. If
the project is not completed in five years, the EIR should be reviewed just to make sure it is
current as far as conditions that were anticipated at the time it was prepared. There will be
further review in the traffic area, but what has already been identified covers a 20 year
projection, highlights the expected traffic issues and has appropriate mitigation measures in the
conditions of approval.
MAYOR MURPHY OPENED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
August 28, 2001
13. PUBLIC HEARINGS (Continued)
Dwayne Mears, Principal of the Planning Center, 1580 Metro Drive, Costa Mesa, was available
for questions from the Council.
Councilmember Coontz noted that people are asking what is going to happen 20 years from now,
what is the destiny of the project. The City may not have a good idea of this, and there are
questions about traffic in the future, the modeling and the infrastructure requirements. She stated
this has been a very intense project, and wished other projects had been addressed in the same
way this one has because no issue has been left out, especially the infrastructure which is very
important. She asked if the Applicant knew the time period that is projected when these
buildings will be built, and if not, will it be an automatic procedure to return to the issues.
The Director of Community Development stated that when individual projects come in, the City
does a reanalysis to see if the conditions have changed at all in terms of the project and what is
outlined in the EIR. If it's a short period of time and the conditions have not changed, then they
proceed under the umbrella of that environmental document. If conditions have changed, then
additional environmental review would have to be done to assess those changes and whether or
not the project has any new or additional impact. Therefore, it is automatic.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
COUNCIL DISCUSSION
For the record, Councilmember Cavecche stated she was excited about this project, but was
concerned about a reciprocal parking agreement with The Block and the parking structure that is
going to be built for The City Plaza II. She expressed concern for police officers having to go
into that parking structure, especially on a Friday or Saturday night, to patrol it.
Councilmember Coontz stated it could always be brought up if there is a concern in the
meantime.
Mayor pro tem Alvarez expressed approval of the project. That area of Orange was, for a long
time, a sleepy area, but with the advent of various developments, it will now project a wonderful
image for the City and serve as a tremendous gateway in putting Orange on the map in
competing in the office market.
Councilmember Coontz stated that when she was Mayor, she looked forward to development of
this area. However, much of it was held up because of the recession, but the City is moving
forward again. The improvements to the 5 Freeway have helped a lot, and that property is worth
a great deal today. This is a real bonus for the City and the new office buildings will also be
using the facilities and restaurants at The Block.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
August 28, 2001
13. PUBLIC HEARINGS (Continued)
Approve Final Environmental Impact Report 1612-01 as being prepared in compliance with the
California Environmental Quality Act (CEQA) and CEQA Guidelines.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Conditional Use Permit 2377-01 and Major Site Plan Review 105-99 as
outlined in Planning Commission Resolution No. PC-17-01.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Conditional Use Permit 2378-01 and Major Site Plan Review 106-99 as
outlined in Planning Commission Resolution No. PC-18-0J.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Conditional Use Permit 2379-01 and Major Site Plan Review 107-99 as
outlined in Planning Commission Resolution No. PC-19-01.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Conditional Use Permit 2380-01 and Major Site Plan Review 108-99 as
outlined in Planning Commission Resolution No. PC-20-01.
14.
PLANNING AND ENVIRONMENT
TAPE 4330
14.1 A report from the Director of Public Works concerning the Residential
Neighborhood Traffic Management Program. (S4000.S.3)
The Director of Public Works reported originally a Neighborhood Traffic Management Program
was adopted in 1997, which included a number of techniques for traffic management. In January
of 1999, a moratorium was placed on the implementation of the plan because of the issues
regarding speed humps. The proposed plan does not address the issue of speed humps, but does
have a number of other techniques.
He reviewed the goals of the program, which are to encourage through traffic to use arterial
streets, to improve neighborhood livability by mitigating adverse traffic impacts on residential
neighborhoods, reduce accident frequency and severity, and maximize the use of self enforcing
measures.
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CITY COUNCIL MINUTES
August 28,2001
14. PLANNING AND ENVIRONMENT (Continued)
He reviewed techniques or measures contained within the program, which include the use of
traffic mini circles, narrowings, diverters, offset narrowings, and the use of slow points,
neighborhood traffic watch organizations, radar units, use of video enforcement and speed
wagon, driver and pedestrian education programs and selective traffic enforcement.
The key element of the plan is to establish thresholds as to when neighborhood traffic
management would be applicable. The basic requirements that would need to be met include
that there is not more than one lane in each direction, curb to curb width is not greater than 40
feet, it is a non-arterial street or a transit route, and meets the definition of a residence district.
The procedures for implementing neighborhood traffic management measures include a written
request to determine if the location qualifies for neighborhood traffic management, a 75%
favorable petition from all households in the study area, and the Traffic Commission would
review the petition and take action on the request. The program calls for a trial installation of
temporary devices and certain fee requirements.
He noted that speed humps are not addressed in the proposed Program. They are not considered
to be a measure that would be encompassed by the Neighborhood traffic Management Program.
The existing speed humps on North Shafer Street would remain unless the residents petitioned
for their removal.
The use of stop sign and traffic signals for traffic calming are excluded because of the conflict
with state and federal guidelines with respect to those measures. When the City receives a
request for stop signs or signals, they would be evaluated under the criteria that are presently
used for those types of requests. Full street closures are also excluded.
The Program also does not address private streets or parking lots as these are not subject to the
enforcement of the vehicle code. However, the Fire Department does have enforcement
authority on both private streets and parking lots where the private streets or aisles in parking lots
are designated as fire lanes.
The Fire Chief reported in 1999 the City Council approved a moratorium on the Traffic
Management Program until the Fire Department could research and study the affect of speed
humps and other traffic calming devices. Neighborhood traffic issues are a high priority, but
traffic calming devices can have both positive and negative affects. A negative unintended affect
is the lengthening of response time for emergency vehicles, as they are delayed when forced to
reduce their speed for a speed hump. Early response time to an emergency is critical and studies
indicate that an emergency vehicle is delayed 10 seconds per device. He noted the problem is
the potential for hundreds or thousands of speed humps throughout the entire City over the years.
The solution to slowing down traffic in residential neighborhoods is not to slow down emergency
vehicles.
The Police Chief reiterated the remarks by the Fire Chief, noting that response time is also
critical for police calls and pursuits. He did not want to create additional hazards for police
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CITY COUNCIL MINUTES
August 28, 2001
14. PLANNING AND ENVIRONMENT (Continued)
vehicles and was concerned that while trying to take care of one problem, the City might be
creating other problems.
COUNCIL DISCUSSION
Councilmember Coontz stated while reading this material, there has been no stone left unturned
in the long and very concise report, which is even more detailed than when the Council first got
the proposal a number of years ago. Given the fact that traffic is the highest priority issue with
the community, one of her concerns is that it sounds as if the door is locked when all of the
issues have come forward. There is a process, but looking back to the problems on Handy Street,
the only real solution was for the people on that street to get together, because they all had
different ideas about what the method should be to resolve the problems they had. There was a
committee formed and there were many different opinions, but they were able to work things
out, maybe not to everybody's satisfaction, but it is certainly a better situation than it was when
the process began.
She noted she had sent staff a memo several months ago regarding a number of activities in
Orange Park Acres where people were going to come forward, and some of them already have.
As people read or listen to this, they may wonder what they can do. It is an educational process
and asked how this will be handled at City Hall so that people calling will not get turned off.
She asked who will be answering the phones, and who will be dealing with the questions,
because simply going to the Traffic Commission is not necessarily the answer. It is a very
human relations kind of issue that must be dealt with. She asked how these issues will be
handled as they come forward, and not to just go down a standard list of procedures. This makes
people dissatisfied. For residents who don't understand these issues, they need to have them
explained, sometimes in a group. The Council needs to know how this is going to occur.
If this information is not available currently, she asked that this information be put together and
brought back to the Council, so there is an assurance that if someone calls, it is clear who is
going to answer the questions and who will invite them to sit down and talk about the issues.
The many steps outlined are not satisfactory to residents, and can cause extreme frustration.
The Director of Public Works reported with regard to Handy Street, when that first came
forward, this program was not available. He explained the process includes neighborhood
meetings and a staff team composed of representatives from both Public Works and Police and
consultant support. They do not use a cookie-cutter approach as each area is unique with
specific concerns. The process takes time and involves community outreach programs.
Councilmember Coontz noted she had suggested the committee in the Handy Street area and
wants people to understand the process. There needs to be confidence that the City and the
Council does care.
Councilmember Slater noted and appreciated the Fire Chiefs passion on this issue, but pointed
out an article from the L. A. Times which reported that speed humps don't really impact the Fire
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CITY COUNCIL MINUTES
August 28, 2001
14. PLANNING AND ENVIRONMENT (Continued)
Department that much, as the humps are not usually installed on major thoroughfares. Speed
humps are usually installed on residential streets. Councilmember Slater asked what speeds the
emergency vehicles usually travel on a residential street. He also noted there are speed humps
on Shaffer Street which is in front of one of the Fire Stations.
The Fire Chief stated the vehicle code requires them to travel the posted speed limit, and they do
travel on residential streets all the time. He agreed that he does not want to see speeding in
residential areas, but his concern is not necessarily traveling over one or two speed humps, but
the cumulative affect of possibly going over 20 to 30 speed humps in route to a call. He also
noted that statistically, response times are up for the fire company on Shaffer.
PUBLIC COMMENTS
TAPE 5800
The following people spoke in favor of including speed humps in the Traffic Management
Program:
Jeanine Hill, 640 N. Cambridge, submitted pictures
Russell Momoe, 2505 E. Locust Ave.
Mike Hennessy, 1802 N. Shaffer St.
Mel Vernon, 363 N. Lincoln, submitted picture
Michele Furtado, 337 N. Lincoln
Stacy Germain, 2723 N. Pampas St.
Mari Ballard, 5249 Avenida Palmar
Rick Fannin, 5432 Avenida Palmar
Leonard Stitz, 1166 N. Handy
Tony Dunn, 1733 N. Shaffer
The following people spoke in opposition to including speed humps in the Traffic Management
Program:
Bill Lanning, address on file
Jim Hallahan, 1898 N. Shaffer St.
The following people spoke generally in favor of lifting the Traffic Management moratorium
Mark Burkhardt, Chairman for McPherson Neighborhood Group
Al Zelinka, 545 E. Palmyra Ave
Michelle Gregory, 349 N. Renee
TAPE #2
COUNCIL COMMENTS
Mayor Murphy asked for clarification of the petition process which is required from 75% of
those residents in an impacted area. The Director of Public Works reported this can vary. Some
impacted areas may be only on a street where traffic devices are located, and in other areas, there
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CITY COUNCIL MINUTES
August 28, 2001
14. PLANNING AND ENVIRONMENT (Continued)
may be side streets which are affected. Forums are usually needed for all interested persons to
be heard.
Councilmember Coontz stated a letter had been received from a resident on Summitridge Lane,
which discussed the traffic and safety issues in a hillside development. It outlined problems with
steep hillsides, blind curves and small driveway openings. The letter further states that this was
the first hillside development in this part of Orange and there was a lack of thought for safety,
which has forever plagued the neighborhood. As hillside development continues, this problem
will continue unless adequate planning for traffic is thoughtfully done.
She further stated the City has hillside landscape standards and development standards, and in
looking at the current problems in hillside developments, the City needs to look at future
development and how it reviews the planning of hillsides for streets. This is extremely important
as there will be many tracts coming in and we should not repeat things that hopefully we have
learned in other situations. The Fire Department speaks to their issues, but she did not remember
anybody particularly speaking to any of the affects that could occur after the planning stage
when the development is built, and how it affects the neighbors and how these streets will be
used as well as the problems that are created. Ifwe don't look ahead, we can have repetition of
the same kinds of problems that we have in the existing communities.
Mayor Murphy reiterated that an analysis is needed for the circulation on hillside developments.
Mayor pro tem Alvarez suggested that because the document does not include speed humps, that
an approach could be to approve what is proposed and then come back to examine speed humps
and have the support documentation.
The Director of Public Works stated this would be an appropriate approach, as there is a great
deal of information on speed humps that can be provided to the Council. The use of speed
humps, however, is a definite judgment call for each specific location.
Councilmember Slater stated he likes the program as it exists, but there is a piece missing. He is
anxious to lift the moratorium which has gone on too long and been unfair to neighborhoods. He
suggested supporting the proposed Resolution and then have staff return with information on
adding speed humps to this program with reasonable requirements. Each speed hump has to be
taken on a case by case basis, considering things such as curvature of the street, hillsides and
steepness. It does not work in every application, but in some applications it is really the best
solution. He asked for clarification under Threshold Item C which states that a street must not be
on the City's Master Plan of Streets and Highways or the County's Master Plan of Arterial
Highways, which he agrees with. Added, is "or used as an alternative emergency response route
for the Orange Fire Department." He asked for specific clarification on which streets are
involved.
Councilmember Cavecche stated that traffic congestion is one of the biggest issues in the City,
and she has a problem with the unilateral banning of speed humps. The biggest problem would
be the accumulation of humps in the City. Concern was expressed that the City should not have
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CITY COUNCIL MINUTES
August 28, 2001
14. PLANNING AND ENVIRONMENT (Continued)
a large accumulation on emergency routes. There are some streets, however, that may need them
on a limited basis. She also suggested that a report come back to the Council including speed
humps in the program.
Councilmember Coontz stated one of the things missing is the opportunity to be given to the
residents so they understand the process which needs to be an addendum to this, because the
residents need the confidence that the City cares. It is a good detailed report, but people need to
know who they are talking with and where they go. Most people have no idea about this and do
not understand terminology. This is nothing new and has been a problem for a long time.
Mayor Murphy requested staff put together recommendations on how best to do the
implementation part of this, whether it be a summary listing of who to call or a posting on the
website. There are two components to every plan - putting the plan itself together and then a
way to communicate that plan effectively to those who are going to take advantage of it. He
suggested getting the plan back in place and moving forward and bring a report back and explore
the speed hump issue further.
Mayor pro tem Alvarez asked the Police Chief to explore the possibility of upgrading the radar
trailer to provide additional information, such as traffic counts and speeds.
RESOLUTION NO. 9486
A Resolution of the City Council of the City of Orange revising the Residential Neighborhood
Traffic Management Program and rescinding the moratorium enacted by the City Council in
May, 1999.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9486; and 1) request staff to return in 60 days, or earliest date
available, to include a reasonable proposal to include speed humps; 2) Council to come back
with a recommendation on how the public can begin a request to try to achieve some sort of
traffic calming; 3) ask which routes the Fire Department is including; 4) ask that an explanation
of the process and contacts be included; 5) include a summary statement on the front which
makes it simple to understand.
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CITY COUNCIL MINUTES
August 28, 2001
15. ADJOURNMENT
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 9:30 p.m.
PAGE 23