11/27/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON DECEMBER 11, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 27, 2001
The City Council of the City of Orange, California convened on November 27,2001 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 Harry Thomas, Public Works Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Resolution No. 9533 was presented to Joan Wolff commending her for more than fifteen
years ofloyal and dedicated service to the City of Orange.
The following employees received Employee Service Awards:
Ignacio Siqueiros - Community Services (not present); Mark Camarillo - Police (not
present); Kelvin VanGorder - Police (not present); Jack Hill- Fire; Dale Karell-Fire
(not present); Stephen Hartman - Public Works (not present); Donald McBain -
Community Services (not present)
United Way Presentation given by Fire Chief Bonacker - Department representatives
were recognized for their efforts in making this year's United Way campaign the most
successful in the City's history. Checks were presented to Rebecca Long representing the
Red Cross of Orange County and to House of Hope.
Councilmember Coontz announced, on behalf of Kathleen Deshler, that Hope School, a
homeless children program co-sponsored by the YWCA, the First Presbyterian Church of
Orange and the Orange County Department of Education, was in need of donations for
busing and asked for participation from the community.
Mayor Murphy announced the Christmas Tree Lighting Ceremony to be held Sunday,
December 2nd at 4:30 p.m. at the Plaza.
Mayor pro tern Alvarez announced he was growing a beard as part of a fundraiser for the
Leukemia Society.
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CITY COUNCIL MINUTES
November 27,2001
2.
PUBLIC COMMENTS
TAPE 580
Valerie Noble, 173 S. Cypress, spoke about on-going complaints of the businesses in the
Cypress Street neighborhood.
Councilmember Coontz asked the City Manager to report back to the Council on this
Issue.
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 November 27, 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 November 8 and 15, 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of November 13, 2001.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending October 31, 2001.
ACTION:
Approved.
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November 27, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Consultant Agreement between Double R Productions and City of Orange for Tree
Lighting Ceremony and Candlelight Procession. (A2100.0 AGR-3897)
SUMMARY: The City Council is requested to approve the Consultant Agreement
between Double R Productions and the City of Orange for Tree Lighting Ceremony and
Candlelight Procession in the amount not to exceed $12,850. Double R Productions is to
provide professional services for set up, sound, and other miscellaneous production
services for the City's special events. City Council approval is required for this
agreement since this agreement amount will exceed $30,000 for services rendered by the
consultant for all City special events.
MOTION: Approved Agreement with Double R Productions in the amount of $12,850
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
100-7015-427800 (Other Contractual Services) $12,850.
3.7 Cooperative Agreement No. C-95-986 Amendment No. 2 between the City of
Orange and the Orange County Transportation Authority as a formal recognition
of Semi-Annual Review adjustments to the Combined Transportation Funding
Program allocations and project scheduling. (A2100.0 AGR-2397.2)
SUMMARY: Semi-annual reviews of project allocations and schedules between the City
of Orange Public Works Department and Orange County Transportation Authority staff
result in needed adjustments and project scheduling which accommodate project delays
and accelerations. Cooperative Agreement No. C-95-986 Amendment No.2 formalizes
the agreed upon adjustments bi-annually as indicated on the attached schedule.
ACTION: Approved Cooperative Agreement No. C-95-986 Amendment No. 2 and
authorized the Mayor to execute on behalf of the City Council.
FISCAL IMP ACT: No impact on the budget. Adjustments to projects and schedules did
not create any impact on the City of Orange budget.
3.8 CLAIMS (C32000.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Allstate Insurance subrogee for John Jaensch
b. Hanson Aggregates West (related to Larkin claim)
c. Vicki M. Johnson
d. Michael Morrison
e. Renee Morrison
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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November 27,2001
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Mills Act Contract #MAC-84.0-01 (Historic Property Preservation Agreement).
(A2100.0 AGR-3898)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
10 year term of this contract total $39,435. Location: 320 S. Grand Street.
Note: Councilmember Slater abstained on this item due to the sale of property in the
area.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $131.00
per year.
PURCHASE OF FIRE ENGINE
3.10 Request to approve purchase of replacement fire engine and appropriate funds in
the amonnt of $405,000. (C2500.H)
SUMMARY: Unit number 652, a 1985 Beck fire engine, has extensive cracks in the sub-
frame, making it unsafe for use at this time.
ACTION: Approved the appropriation from unappropriated reserves to the Vehicle
Replacement Fund (720-5032-472102) and authorized the expenditure of $405,000 for
the replacement of one fire engine.
FISCAL IMPACT: There are sufficient unappropriated reserve funds in the Vehicle
Replacement Account to purchase this fire engine.
PURCHASE OF PROPERTY
3.11 Purchase of a 10 foot wide strip of land at 1615-1649 W. Chapman Avenue.
(A2100.0 AGR-3899)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by the Nelson Trust.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located at 1615-1649 W.
Chapman Avenue. Purchase price is $100,000.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $100,000.00 are available in the Chapman
Avenue Widening Project - Account No. 284-5011-483300-4038 (TSIP Area B).
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November 27,2001
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 9535 (C2500.N)
A Resolution of the City Council of Orange approving application for Grant Funds for
the rehabilitation of EI Camino Park from the Roberti Z'berg-Harris Urban Open Space
and Recreational Program under the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of2000.
ACTION: Approved.
3.13 RESOLUTION NO. 9546 (A2100.0 AGR-3699)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; C.A. Granger Construction, Inc.; Police
Department Evidence Protection Wall.
ACTION: Approved.
3.14 RESOLUTION NO. 9547 (C2500.M.16.1 LLN-2201-18)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-18 combining several lots of certain real property situated at 450 East
Chapman Avenue, 154 South Shaffer Street, 151 and 171 South Center Street in the City
of Orange, County of Orange, State of California.
Owners: St. John's Lutheran Church of Orange, A Corporation
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Councilmember Slater abstained on Item 3.9. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
November 27,2001
4.
REPORTS FROM MAYOR MURPHY
TAPE 700
4.1 Council Committee Assignments (continued from November 13, 2001)
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to appoint Mayor pro tem Alvarez as the Council representative to the Orange County
Sanitation District, with Mayor Murphy as the alternate.
Mayor Murphy suggested other Council appointments be continued to a later date.
4.2
Boards, Committees and Commissions review
TAPE 725
Mayor Murphy provided a written summary on the formation of a City Council Committee to
review Boards, Committees and Commissions and the criteria discussed at the last Council
meeting. Criteria included experience in City issues, related professional experience, residence
in the City, related experience with City issues or staff, term limits to coincide with Council
terms, staff and staff time required for each committee, geographic location of each member's
residence to insure representation from all comers of this community, a review of potential
conflicts of interest, and length of service. He asked for Council comments on the criteria.
Councilmember Coontz noted the City Clerk has a procedure in place for reminding the Council
when terms are expiring. She suggested looking at the existing committees and goals and that
the Council receive minutes or updates from each of the Committees; and that it is important to
have a geographic balance of committee members. She stated it is important to have a balance of
experience on committees and committee members should be asked if they even want to
continue serving. Attendance should be included in the criteria, and it is important to honor
those who have served. She suggested that the entire Council be given a list of any people that
are suggested for removal ahead of time.
Mayor pro tern Alvarez suggested that when someone is removed from a committee, it is done
with written notification, first to the Mayor, then to the entire Council and appointee, so there is a
record of the action taken and everyone is aware of it. It is important that the public understands
the Council relies on these volunteers who serve on committees.
Councilmember Slater stated he would like to see a proposal for term limits; that experience with
City issues isn't necessarily critical to an appointee; and that geographic location ofresidents is
ideal but not necessary. He suggested a timeline that the two-member Council Committee meet
and come back in January with a list of people they feel should be replaced. They should ask for
resignations by the end of January and those who don't want to resign should be scheduled for
potential removal in February.
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CITY COUNCIL MINUTES
November 27, 2001
4. REPORTS FROM MAYOR MURPHY (Continued)
Councilmember Cavecche suggested looking at current openings on the various committees,
length of service, the effectiveness of the work of each individual and staggered terms. She
noted these are not full time jobs, but an opportunity for people to serve the community.
Bob Bennyhoff, member of the Orange Park Acres Committee, clarified the role of the Orange
Park Acres Committee and suggested the Council look at what committee members have to offer
and their possible contacts.
Mayor Murphy reiterated there is a procedure already in place and did not want to change the
process unless something was missing and that this criteria was not an all or nothing issue. He
stated there was now sufficient information for the Council to move forward with this.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1480
5.1 Councilmember Slater - Request City Manager to report back on review of code
enforcement including staffing levels, work load, methods and current codes and
regulations.
Councilmember Slater asked the City Manager for a report back on ideas for changing the
philosophy of Code Enforcement so that it is more proactive, especially in commercial areas
where there are problems with illegal signs, and suggested that all departments work together in
acting on code violations. He also asked for clarification on the criteria for allowing special
promotion banners.
Councilmember Coontz asked for information on what programs are currently being pursued and
on what areas the City's Code Enforcement Division is concentrating. The City has an excellent
Code Enforcement Division and they are making progress; but suggested banners can be a
problem during a recession and cars being dropped off at non-profit organizations can become
eyesores. She again asked for a response to the issues brought up earlier regarding Cypress
Street.
Mayor pro tern Alvarez stated Code Enforcement is important to maintain a high level of
livability; but it is important to keep in mind budget constraints. He suggested looking at future
improvements and then possibly adding those to the budget.
Councilmember Cavecche asked for information on staffing levels in Orange compared to other
similar cities.
Mayor Murphy stated they are not questioning the efforts of the existing personnel, but maybe
philosophical changes need to be addressed and the costs involved in pursuing those changes.
The City Manager stated he is already formulating ideas and will provide a status report on
general Code Enforcement issues as well as the Cypress Street issues.
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CITY COUNCIL MINUTES
November 27,2001
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Mayor Murphy - Appointment of a Planning Commissioner
Mayor Murphy announced his appointment to the Planning Commission would be Mara
Brandman.
Mayor pro tern Alvarez explained the process involved in this appointment. As this was his
recommendation, he solicited resumes and about 10 were submitted. He interviewed everybody
and especially noted several excellent candidates, including Ken Domer, Fernando Rico,
Shannon Tucker and Mara Brandman. He looked for qualities of passion and commitment and
someone who would be able to stand up to the pressures on the Commission, and also someone
who had a history of public service. He then submitted names to the Mayor for final
appointment.
Councilmember Slater stated he would not be supporting this nomination. He felt Mrs.
Brandman had a wonderful track record of public service, but the Planning Commission was not
exactly the right fit for her.
Councilmember Coontz stated she would not be supporting this nomination as this would be the
third person representing the East Orange area on the Commission, and felt there should be more
of a balanced representation. She was also concerned about potential conflicts of interest and the
professional activities of her family.
Mayor Murphy stated he was confident of this choice and it is up to each individual to manage
their own conflicts of interest.
Mara Brandman stated it was an honor to be appointed and was anxious to join the Commission.
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Cavecche
NOES - Slater, Coontz
Moved to appoint Mara Brandman to the term vacated by Toni Carlton, ending June 14, 2002,
on the City of Orange Planning Commission.
6.2 Mayor Murphy - Appointment of two Library Board of Trustees
Mayor Murphy announced his appointments to the Library Board would be Mark Clemens and
Karen Herrera, who both have an interest in the community and the library, have children in
Orange schools and want to pursue positive changes in the Library system.
Councilmember Coontz asked that a proclamation be presented to Kay Massa, former Library
Board Trustee.
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November 27,2001
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to appoint Mark Clemens to the term vacated by Kay Massa ending June 30, 2004; and
Karen Herrera to the term vacated by Carolyn Cavecche ending June 30, 2002 on the Library
Board of Trustees.
7.
ADMINISTRATIVE REPORTS
TAPE 2140
7.1 Report by the Public Works Director - Award of Contract - RFP No. 001-46 for the
purchase of computerized maintenance management system software and technical
support. (A2100.0 AGR-3900)
SUMMARY: The Public Works and Community/Library Services Departments have been
working with a consultant to develop a Maintenance Management System (MMS). A major tool
required to implement an MMS is software. Staff from all four maintenance divisions (Parks,
Streets, Water and Traffic) were involved in the evaluation of four software vendors.
NOTE: Mayor Murphy stated he would abstain on this issue due to an employment conflict and
left the dais.
The Public Works Director reported staff has been working with a consultant to develop a
Maintenance Management System to be utilized by both Public Works and Community Services.
The implementation of this system will include evaluation of existing operations, purchase of
software, implementation of the software and an evaluation of the contract services. It is
anticipated that the system will be fully operational by March 2002.
Councilmember Coontz asked how ACS will be involved in this, and if this will require any
changes to the contract with ACS
The Public Works Director explained ACS has been an integral part of this process as they were
on the selection committee and performed an evaluation of the proposals. Staff will be looking
to ACS for support in evaluating the integration of this new software into existing software.
Mayor pro tem Alvarez asked if any additional hardware will be necessary, if this is compatible
with any other agencies, and if staff contacted other cities with similar programs.
The Public Works Director reported no additional hardware will be necessary other than normal
upgrades; the County is using the same system which will give the City the ability to interface
with them; and that approximately six other cities were contacted about this system.
MOTION
SECOND
AYES
ABSENT
- Coontz
- Slater
- Slater, Alvarez, Coontz, Cavecche
- Murphy
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CITY COUNCIL MINUTES
November 27, 2001
7. ADMINISTRATIVE REPORTS (Continued)
ACTION: Awarded RFP No. 001-46 to Bender Engineering, Inc. for the purchase, installation,
training and annual support of "MaintStar" Maintenance Management System Software in an
amount not to exceed $182,000 and authorized the Mayor pro tern and City Clerk to execute on
behalf of the City.
Mayor Murphy returned to the dais.
8.
REPORTS FROM CITY MANAGER
TAPE 2450
8.1 Presentation of the Fourth Quarter 2000-2001 Budget Report for the period July 1,
2000 through June 30, 2001. (C2500.E.4)
SUMMARY: This Fourth Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress towards the achievement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
The City Manager provided a summary of the 2000-2001 Fourth Quarter Budget Report. He
reviewed the General Fund activities, noting that revenues exceeded estimates by 9.4% as a
result of strong property and sales taxes, vehicle license fees and interest earnings; and General
Fund expenditures finished under estimate by 6.2%. He then reviewed major department
accomplishments.
He noted that the City closed out the last fiscal year in a sound fiscal position. However, there
has been a measurable downward trend in the economy in Orange County, which is reflected in
decreases in sales tax, transient occupancy tax revenues and interest rates. Therefore, staff is
continuing to monitor the City's financial picture and will be cautious in spending and the
approach to managing the City's budget in the coming months.
(Note: See Item 8.2 for further discussion)
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
8.2 Presentation of the First Quarter 2001-2002 Budget Report for the period July 1,
2001 through September 30, 2001. (C2500.E.4)
SUMMARY: This First Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress towards the achievement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
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CITY COUNCIL MINUTES
November 27,2001
8. REPORTS FROM CITY MANAGER (Continued)
The City Manger provided a summary of the 2001-2002 First Quarter Budget Report. He
reported it is difficult to draw any specific conclusions about the City's financial status this early
in the fiscal year due to the inconsistent nature of when revenues are received during the early
part of a fiscal year. However, the City is seeing a definite slow down in areas such as sales tax
and transient occupancy tax, which are often indicators of a slowing economy.
He reported that given the early indicators of a slowing economy, he is taking a very cautious
approach to spending in the coming months, and has taken the following steps:
. Positions which are currently vacant will be carefully evaluated before being filled.
. The vehicle replacement schedule is being reviewed to determine if the City can lengthen the
life of some vehicles scheduled for replacement.
. Capital projects are being evaluated to determine if some can be deferred. Staff is using
guidelines to determine priorities for projects such as looking at projects which impact public
safety; will reduce or minimize maintenance expenditures; will have matching funds that
significantly stretch dollars and likely recommending deferral on those that will cause or
contribute to increases in the operating budget; and will contribute to an increased quality of
life.
. Departments have been asked to review their budgets for other opportunities to reduce
expenditures.
These steps should help to reduce the potential impact of a major economic downturn. He will
continue to monitor the revenue stream and watch spending in the coming months; and will
provide more information at mid-year.
Councilmember Coontz stated that prioritizing the budget is a good idea; and asked about the
Master Plan of Recreational Trails. Because this Master Plan is an inter-departmental project
and not under the purview of anyone department, she was concerned that it would get lost in the
shuffle.
The City Manager assured the Council that the Master Plan of Recreational Trails was still in the
works. The Community Development Department is playing a significant role with this Plan and
the City Manager's Office is also pulling together various resources.
Mayor pro tern Alvarez asked about vehicle replacements, suggesting that the City look at
alternatives such as electric vehicles and the programs and grants that go along with them.
Mayor Murphy noted the only prudent path is the one we're on and it is a good idea to prioritize.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
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CITY COUNCIL MINUTES
November 27,2001
9.
LEGAL AFFAIRS
TAPE 3390
9.1 ORDINANCE NO. 14-01 (SECOND READING) (A2500.0 Campaign Contributions)
An Ordinance of the City Council of the City of Orange Deleting Subsections 2.10.060F and
2.10.100.D of the Orange Municipal Code Relating to Campaign Contributions.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 14-01 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 20-01 (SECOND READING) (ZI500.0 ZCG-1209-01)
An Ordinance of the City Council of the City of Orange Approving the Reclassification of
Property Generally Located north of Almond Avenue, south of Chapman Avenue and Moreland
Drive, west of Harwood Street and east of Center Street to PI-SP (Public Institution-Specific
Plan) from OP (Office Professional) and R2-6 (duplex residential).
Zone Change 1209-01, Applicant: St. John's Lutheran Church
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 20-01 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 21-01 (SECOND READING) (A2500.0 Redevelopment)
An Ordinance of the City Council of the City of Orange approving and adopting the Amended
and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project
Area that merges and amends the Tustin Street Project Area, Southwest Project Area, and
Northwest Project Area.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 21-01 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
November 27,2001
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION
TAPE 3485
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that a need to take action arose after the posting of the Agenda and there is a need to take
immediate action on the following case:
City of Orange v. PRG Investments, Orange County Superior Court Case No. 01CC03506.
The City Council recessed at 6:23 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
(Note: Did not discuss) City of Orange v. Airport Working Group, Orange County Superior
Court Case No. 0lCC09018
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 3540
Luis Caballero, 487 S. Grand, asked for a response to a letter he submitted regarding a two-story
structure being built at 475 S. Grand.
The City Manager was directed to follow up on this.
13. PRESENTATIONS
13.1 ORANGE PUBLIC LIBRARY NEEDS ASSESSMENT REPORT (C2500.I)
Presentation was given by Nora Jacobs, City Librarian, of the Library Master Plan Needs
Assessment Report as submitted by consultants from Group 4 Architecture, Design + Planning.
The needs assessment report is a key element of the 20-Year Library Master Plan currently under
development.
She reviewed the planning process, community participation, needs and future steps outlined in
this report, noting that the community participation included input from over 900 library patrons
and residents from all parts of the City.
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CITY COUNCIL MINUTES
November 27,2001
13. PRESENTATIONS (Continued)
The needs assessment concludes that existing facilities can not fully meet the current or future
demand due to growth and changes in Orange, both demographically and geographically; that
existing services are impacted due to the small size and age of existing facilities; that there is no
room for future needed services; and that input from library patrons demonstrates the need for
more materials and more space in which to use them.
She reviewed charts showing the square footage of library space versus population growth; the
location of existing libraries; and areas of the City that are under-served by existing libraries.
She discussed service level guidelines and the need for additional books, additional space for
seating, and the need to keep pace with new information technology and media formats.
She reported the next steps to this process include determining development strategies to meet
needed space, developing site evaluation criteria, identifying potential sites, and developing Prop
14 application materials.
Councilmember Coontz complemented this comprehensive and dramatic report. She asked
about the 28,000 patron figure for EI Modena Library and if there were plans to attract more
people to this library. She also discussed the competition for state funds and the need to look at
future libraries in terms of both being successful in obtaining funding and not obtaining funds.
She also wanted to ensure that the type and quality of books are addressed and suggested
tracking the types of materials that are checked out so the Library can attract the actual interests
of the community.
Ms. Jacob explained the 28,000 represents the geographic area served by the El Modena Library
and the study will be looking at ways to attract more people as well as other services.
Mayor pro tem Alvarez asked about future trends of libraries, if they are getting away from
books and moving more towards CDs and tapes; if we will be looking at both short and long
term strategies; and if libraries are having to compete with book stores
Ms. Jacob explained that media technology is a supplement to books, not a replacement; and
they are looking at bookstores for ideas to implement in new libraries.
Mayor Murphy indicated that an important part of development strategies is to look at locations
for libraries - whether they should be in areas where people have to drive to them or in areas
where people already gather; and that it is important to look outside of what's been the tradition
in the past.
Councilmember Cavecche agreed there is great competition for obtaining state funds, and how
joint use facilities usually get preference. She also noted there is a need to obtain technology
before it can become available to the public. She asked if the libraries are maxed out on shelf
space, if land and the type of space the city needs is being addressed, and the need to focus on
what Orange libraries have and what the needs of the community are. She complimented Ms.
Jacobs on a great presentation.
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CITY COUNCIL MINUTES
November 27, 2001
13. PRESENTATIONS (Continued)
Ms. Jacob indicated there is a small amount of shelf space available at the El Modena Library,
but the other libraries are maxed out; and future land and space needs will be addressed more
fully in Phase II of this Needs Assessment Report.
Mayor Murphy acknowledged the members of the Library Board of Trustees and the Library
Foundation.
14.
PUBLIC HEARINGS
TAPE 5150
14.1 APPEAL NO. 484, ZONE CHANGE NO. 1210-01, NEGATIVE DECLARATION
NO. 1676-01 - CHAPMAN UNIVERSITY (A4000.0 APP 484)
Time set for public hearing to consider an appeal by Chapman University on the Planning
Commission's recommendation for denial of a Zone Change from Duplex Residential to Public
Institution (Specific Plan) [PI (SP)] to accommodate a Specific Plan boundary adjustment for
the inclusion of three residential properties located at 415 East Walnut Avenue, 526 North
Shaffer Street and 534 North Shaffer Street.
NOTE: Negative Declaration 1676-01 has been prepared for the proposed project to assess the
potential for environmental effects in accordance with the California Environmental Quality Act.
The Community Development Director reviewed the location of the properties in this proposal,
noting that some of the issues addressed by the Planning Commission were that adjacent
properties, not owned by the University, would be left out of the Specific Plan, and what the
future use of these properties would be if they are incorporated into the Specific Plan, as
Chapman University has not submitted any proposals for these sites.
The Community Development Director also noted specific language in the Specific Plan which
states that changes shall be considered for amendment when submitted as a contiguous block of
properties along a single street frontage. The Planning Commission did not feel these properties
met the requirements of this language.
Jack McGee, P.O. Box 293, Yorba Linda, representing Chapman University, reported the request
is to add three parcels to the University Specific Plan area and that the parcels are contiguous to
the Plan. The three remaining parcels at this comer are not included in this proposal as the
University has not acquired them. They have made offers to these property owners, but they
have not been accepted. He noted the Planning Commission's concern was whether or not these
parcels are a contiguous block of properties on a single street frontage. This relates to the fact
that certain parcels are left out and not included in the proposal and the impacts that might be
placed on those properties and residents with any future University use of the lots. However, he
cited more definitive language in the Resolutions that adopted the Plan which addressed Orange
Street and Center Street specifically, noting that this proposal does comply with the requirements
of the Specific Plan and asked the Council to consider a different interpretation than the Planning
Commission used.
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CITY COUNCIL MINUTES
November 27,2001
14. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in opposition to the proposed zone change. Their concerns included
traffic problems along Shaffer Street, use of the lots for temporary parking, the affect of this zone
change on the quality of life in the neighborhood, diminishing property values, and that
Chapman University should wait until they own all properties on the comer before initiating a
zone change.
Janet Crenshaw, 464 N. Shaffer
Steve Naslund, 660 N. Shaffer
Vic Iverson, 719 E. Hoover
Christine Steinegge, 427 E. Walnut
Mike Shakeri, 2005 Ivy Hill Lane
Elizabeth Madden, 429 E. Walnut
Mark Kreider, 461 N. Shaffer
Jack McGee responded to concerns expressed by the speakers. He noted the University has no
intention with this proposal of allowing any access to Shaffer Street and that temporary parking
is a possible use for these lots, but is not part of this proposal. The University has discussed
possible uses for these lots so as not to hide their intentions, but this proposal is strictly for a
zone change.
Gary Brahm, Chapman University, reported the Specific Plan calls for the University to have
more on-site residents in order to minimize traffic. There is a proposal in the future for a day
care center on the proposed site, but would like to be able to use the site for parking in the
interim. They would consider restrictions on the use of this site.
Councilmember Coontz noted that apparently there have been meetings which have taken place
about different structures and traffic access and asked if anything had been submitted to the City.
Jack McGee indicated an application has been submitted to the City for a nearby parking
structure and residence hall and reviewed the specifics of each. However, these are not part of
this proposal, and the University wanted the community to know what the general plans are for
the future.
Mayor pro tem Alvarez asked if the Planning Commission had considered a zone change for the
entire comer. The Community Development Director indicated this application is only for the
properties that the University owns and that the other properties are not interested in selling at
this time.
Councilmember Cavecche asked about the language in the Plan regarding contiguous properties.
The Community Development Director indicated this is a policy decision for the Council.
PAGE 16
CITY COUNCIL MINUTES
November 27,2001
14. PUBLIC HEARINGS (Continued)
Councilmember Cavecche asked what the emollment is at Chapman University and why the
University would need these lots for additional parking if there is currently adequate parking.
TAPE TWO
Gary Brahm indicated an interim parking lot would be used while the proposed nearby parking
structure was being built.
Councilmember Coontz reported the language for the contiguous properties was included in the
original Specific Plan because Chapman was expanding and buying up property on a piecemeal
basis. The University has made great changes and has contributed a lot to the community, but
the City needs to go back and look at the original intent of the language.
Councilmember Slater noted he has seen the empty lot which is part of this application used as a
construction lot with a pile of dirt and weeds and asked if these were code violations.
The Community Development Director stated the University did get a permit to temporarily
stockpile dirt, but their department would be more diligent in monitoring this lot.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2 - 215
Councilmember Slater stated that in the long term it does make sense for Chapman to have the
entire comer and develop it in accordance with guidelines, but since they do not own the
remaining parcels, it is still a residential neighborhood and to do anything else would be poor
planning and piecemeal development. He concurred with the Planning Commission findings as
to why this zone change should not be approved. He also noted that the vacant lot at 534 N.
Shaffer has never looked worse since it was purchased by Chapman and is degrading the
neighborhood. He also stated there could be potential adverse affects with this proposal and
suggested denying the Negative Declaration.
Councilmember Coontz expressed disappointment with this proposal. It is piecemeal and there
are no immediate plans to bring it back for further development. It is spot purchasing of property
and degrading to the neighborhood, and she expressed concern about the traffic and speeding
problems along Shaffer Street. She suggested a review of the Specific Plan is necessary because
of how much the University has grown and any development needs to be done in the sense of a
Master Plan so everyone understands the steps Chapman is taking. She also noted the
relationship between Chapman University and the neighborhoods has deteriorated over time.
Councilmember Cavecche suggested it might be a good idea for Chapman to come forward with
a final general plan, although this might set off another set of problems. She was concerned they
are trying to do too much and also with their need for parking with this little piece of property,
which is not good planning for their growth. She expressed concerned about the number of
appeals that have come forward on Planning Commission decisions. The Planning Commission
has a purpose and she will stand by the Commission's decision as she has done with all other
appeals.
PAGE 17
CITY COUNCIL MINUTES
November 27,2001
14. PUBLIC HEARINGS (Continued)
Mayor pro tern Alvarez stated every time Chapman University builds something it is always first
class and a tremendous asset. He agreed this proposal looks piecemeal, but in trying to look at
the bigger picture and be proactive, offered a suggestion that this zoning be approved and then
take steps to direct staff to begin a zone change for the remaining three lots. This would not
change the value for the property owners who would be able to maintain their residences, but
would have a ready buyer if they want to sell.
Mayor Murphy agreed that Chapman will probably own the entire block some day, but it should
be at the choice of the remaining property owners. It is a challenge with regard to the question of
contiguous properties and this decision making or breaking development plans. He hopes
Chapman continues to grow and prosper and knows they are trying to be sensitive to traffic and
parking issues, but can not support this particular request as there is a fear of the unknown and
hoped Chapman would come back with more specifics on how the Council might proceed.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
NOES - Alvarez
Move to deny Negative Declaration No. 1676-01 as the California Environmental Quality Act
(CEQA) document and determination.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
NOES - Alvarez
Move to deny Appeal No. 484, based on the findings ofthe Planning Commission.
Councilmember Coontz asked the Community Development Director to come back with a
recommendation on what changes can be made to the Chapman University Specific Plan so that
as Chapman moves and grows, that the Council can address the Specific Plan issues in a better
way. It is an ancient document at this point and has been amended many times. It needs to be
reviewed to see if it has all stipulations that the City needs for the protection of the community
and also for opportunities for Chapman University.
15.
PLANNING AND ENVIRONMENT
TAPE 760
15.1 Report by the Public Works Director on the results ofthe Speed Hump Field Tests.
(S4000.S.6)
PAGE 18
CITY COUNCIL MINUTES
November 27, 2001
15. PLANNING AND ENVIRONMENT (Continued)
SUMMARY: Speed humps with various profiles were tested using several types of Police and
Fire Department vehicles. The test was to determine what effects speed humps would have on
emergency response time as well as the physical effects on the vehicles and emergency personnel
themselves.
The Public Works Director reported the Council adopted the Residential Neighborhood Traffic
Management Plan in August, and at that time, direction was given to reconsider using speed
humps in the Plan. As a result, additional research was done and speed humps of varying heights
were tested. The tests resulted in problems with various Fire equipment. Therefore staff
continues to recommend that speed humps not be used in the Traffic Management Plan.
However, if the Council does want to include them, then staff recommends that the height of any
speed hump be limited to 2 Y:z inches maximum and that speed humps only be permitted on those
routes that are not arterial highways and that are not secondary response routes. Speed humps
will also only be considered if other less restrictive measures are unsuccessful.
Councilmember Slater asked about the criteria to determine the size and shape of speed humps
and what other cities use; and what the reasoning is for not installing them on grades of 5% or
greater.
The Public Works Director stated the basic standard used to be 3 to 3 Yz inches but the use of
lower ones has been implemented in other jurisdictions and 2 Y:z inch humps have been used in
recent developments. There are also safety concerns for using humps on steeper grades, and that
speed humps are usually used on grades below 5%.
Councilmember Coontz reiterated a long time concern of hers that the City needs to pay more
attention to roadways and circulation systems in developing new tracts.
Mayor pro tern Alvarez asked about the speed humps on Shaffer Street which are near a Fire
Station, and what determines the number of humps on a street.
The Public Works Director stated the Fire Department avoids the humps on Shaffer by using
other streets; and the number of humps on a street is determined to avoid the basic buildup of
speeds and to maintain speed uniformity.
Councilmember Cavecche asked about the private streets in some of the hillside developments
and wanted to ensure that the map of suggested streets has been reviewed by the Fire
Department.
The Fire Chief explained that the private communities are subject to the Uniform Fire Code and
it would be his intention to impose the same criteria on private streets through the Uniform Fire
Code standards as imposed on public streets. He further stated the streets the Fire Department
uses need to be protected for emergency equipment and they did have input on developing the
map of streets used as secondary response routes.
PAGE 19
CITY COUNCIL MINUTES
November 27,2001
15. PLANNING AND ENVIRONMENT (Continued)
Speakers
. Mayor Murphy indicated he had received a phone call from Mr. Momoe, who is in support of
speed humps
. Mel Vernon, 363 Lincoln, supports the use of2 Y:z inch humps
. Stacy Germain, 2723 N. Pampas, supports the use of speed humps
. Dan Graupensperger, 2029 N. Shaffer, speaking as both a resident and Orange Firefighter;
supports the use of speed humps but only as a last option
. Phil Leseh, 2292 N. Wisteria, Parkridge Community, spoke in support of retaining the
existing speed humps in their community. He stated that this community was turned over to
the Homeowners Association in 1999 from Standard Pacific and the speed humps were
already installed.
Councilmember Slater stated speed humps are not ideal, but a necessary evil, and should be
considered as a last resort. He would like to see them included in the Traffic Plan as an option
and considered on a case by case basis. He experienced the speed humps first hand when he
rode in the Fire emergency equipment over the speed humps that were being tested, and
suggested that the 3 Yz inch humps are too high and that the 2 Yz inch ones are better and still
serve the same purpose. He also expressed concern with precluding streets with a 5% grade. He
supported using humps no greater than 2 % inch in height.
Mayor Murphy stated he originally had problems with the reduced response times for emergency
vehicles, but feels there are limited and specific areas where humps can be used that won't affect
these response times. He supports using humps as an alternative and considered only on a case
by case basis. He also agreed the City should not create circumstances that are different for
private streets in gated communities.
Councilmember Coontz suggested the Planning Commission and Planning Department look at
different tracts that have been approved to see what the pluses and minuses are. The Parkridge
Tract has dangerous streets and roadway configurations in general need to be addressed so we
don't create any more problems.
Councilmember Cavecche stated she was also able to ride in the Fire units over the speed humps.
She noted that humps definitely show rescue units, but they do control traffic on a daily basis.
She appreciated the maps outlining the emergency secondary response routes, and supports the
consideration of speed humps as a last option. She also asked about the 5% grade.
The Fire Chief explained the main problem with grades is going uphill, that the weight of the
unit creates an effort for the trucks, and this would be compounded with speed humps. He also
pointed out the speed humps in the Parkridge Community private streets were put in without City
approval, but agreed there is a downhill speed problem in that community.
PAGE 20
CITY COUNCIL MINUTES
November 27, 2001
15. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tem Alvarez stated he is not a big fan of speed humps; that he worked with the Handy
Street neighborhood in using Stop signs for traffic control; and agreed it is a big problem for fire
trucks going uphill. He suggested dealing with speeding problems in other ways and did not
want to limit emergency response times.
Council discussed retaining the existing speed humps and that criteria should be applied equally
for both private and public streets.
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept the report but recommend including the speed hump alternative based on the
criteria set forward of a maximum of 2 % inch with the specifics that the existing speed humps
in the Parkridge community and on Shaffer Street will remain.
16. ADJOURNMENT
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 9:50 p.m.
~4';1n~ ~H71/AJ-r:-
CASSANDRA J. HCART, CMC
CITY CLERK
OfJ:J!/.4
MAYOR
PAGE 21