6/25/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JULY 23, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 25, 2002
The City Council of the City of Orange, California convened on June 25, 2002 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 Pastor Carl Friedrich, Praise Chapel
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:
Annie Case - Finance; Maurine Bums - Community Services; Desiree Gavaldon _
Community Services; Keith Marshall - Fire (not present); Robert Lobato - Community
Development.
Proclamation - Parks and Recreation Month, July 2002; was accepted by David Riley
and Lisa Blanc, Park Planning & Development Commissioners.
Mayor Murphy announced the Uncle Sam's 3rd of July celebration at Fred Kelly Stadium
on July 3, 2002, starting at 4:00 p.m.
2. PUBLIC COMMENTS
Mark Kreider, 461 N. Shaffer, asked the Council to encourage Chapman University to
maintain their landscaping on Shaffer Street at the same level as on Glassell Street.
3.
CONSENT CALENDAR
TAPE 540
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.
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 25, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications and available on the City's Website
www.cityoforange.org, all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated June 6 and 13,2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting June 6,
2002 and Regular Meeting June 11, 2002.
ACTION:
Meeting.
Approved with corrections to the June 6, 2002 Adjourned Regular
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending May 31, 2002.
ACTION:
Approved.
AGREEMENTS
3.6 Amendment No. 1 to Consultant Services Agreement with Joseph C. Truxaw &
Associates for Professional Engineering Services for the Chapman Avenue and
Tustin Street Intersection Widening Project. (A2100.0 AGR-3731.1)
SUMMARY: This Contract Amendment is needed to allow the consultant to revise the
engineering plans and specifications into two separate projects to coincide with the
available funding for this project. Additional engineering services will increase the
consultant contract cost by $28,800.00 from $106,550.00 to $135,350.00.
ACTION: 1) Appropriated $28,800 from Fund 284 to account number 284-5011-
483300-3228; 2) Approved Amendment No.1 to Joseph C. Truxaw & Associates for an
amount not to exceed $28,800.00, and authorized the Mayor and City Clerk to execute on
behalf ofthe City.
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Upon appropriation, funds will be available III the following
account: 284-5011-483300-3228 $ 28,800
3.7 Award a Consultant Services Agreement - Interior Recoating Oversight Services
for Orange Water Reservoir No.4. (A2100.0 AGR-4030)
SUMMARY: Orange Water Reservoir No.4 is located at 5300 Avenida Palmar in a
residential area. This Consultant Services Agreement authorizes the consultant to
perform an evaluation of the interior reservoir coating. Based upon its evaluation, the
Consultant shall develop and furnish technical specifications for the coating repair work
and also provide quality control and inspection services throughout the course of the
project.
ACTION: Awarded a Consultant Services Agreement to KTA-Tator, Inc. of Woodland
Hills, CA, in an amount not to exceed $38,902.50 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following Water Capital
Project's Account: $38,902.50 Acct. #601-8041-484400-8302 Reservoir Recoating
3.8 Amendment and restatement of National Pollutant Discharge Elimination System
(NPDES) Storm Water Permit Implementation Agreement. (A2100.0 AGR-1754.A)
SUMMARY: This agreement restates the agreement provisions made previously with
the County with respect to the National Pollutant Discharge Elimination System
(NPDES) municipal storm water permits and amends provisions to add three additional
cities, revises participant share calculations, allows participant share calculations on a
countywide, regional and watershed basis, and establishes a program review role for a
Water Quality Policy Committee appointed by the Orange County City Managers
Association.
ACTION: Authorized the Mayor and City Clerk to execute Agreement D02-048 with the
County of Orange, Orange County Flood Control District and the cities of Aliso Viejo,
Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley,
Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach,
Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Newport Beach, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano,
Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda.
FISCAL IMPACT: $265,391 is budgeted in account number 220-5022-426700 (Other
Professional and Consulting Services).
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
3.9 Indemnity Agreement with Orange Community Services Foundation. (A2100.0
AGR-4031)
SUMMARY: The proposed agreement would require the City to defend and indemnify
the Orange Community Services Foundation against claims arising out of City-sponsored
events which are partially funded by the Foundation.
ACTION: Approved Indemnity Agreement between the City of Orange and the Orange
Community Services Foundation and authorized Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: None anticipated.
3.10 First Amendment to Consultant Agreement between Major League Softball, Inc.,
and the City of Orange for Ballfield Maintenance. (A2100.0 AGR-3743.1)
SUMMARY: City Council is requested to approve the First Amendment to the
Consultant Agreement between Major League Softball, Inc., and the City of Orange for
Ballfield Maintenance for an amount not to exceed $10,000. The City is amending the
Consultant Agreement to provide additional compensation for rehabilitation and
preventative maintenance at several of the City's ballfields.
ACTION: Approved the First Amendment to the Consultant Agreement between Major
League Softball, Inc., and the City of Orange for Ballfield Maintenance in an amount not
to exceed $10,000; and authorized the Mayor and City Clerk to execute the Consultant
Agreement on behalf of the City.
FISCAL IMPACT: First Amendment will be funded from the following account: 100-
7022-427100 (Contractual Services): $10,000.
3.11 Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY 2002-03. (RA2100.0 AGR-3283.C)
SUMMARY: The Reimbursement Agreement between the City and Agency will create
indebtedness which will enable the Agency to utilize tax increment revenue instead of
bond proceeds to pay for operational costs. This will free up bond proceeds for loans or
projects.
ACTION: Approved the Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency, and authorized the Mayor to execute, and the City Clerk
to attest, the Agreement on behalf of the City.
FISCAL IMPACT: There is no net fiscal impact on either the City or Agency budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan. (See Redevelopment Agency Minutes Item No. 3.4)
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.12 First Amendment to Agreement with
(A2100.0 AGR-3926.1)
TAPE 550
the Orange County Conservation Corps.
SUMMARY: The City contracts with the Orange County Conservation Corps to provide
litter abatement, collection of recyclables, and various maintenance services at City
parks. The services are funded by Parks and Public Works maintenance funds and by
Beverage Container Grant funds from the California Department of Conservation. The
term of the current agreement ends on June 30, 2002. Due to an increase in grant funds
for Fiscal Year 2002-2003 and in order to continue these valuable services, staff wishes
to amend the agreement to extend the term to June 30, 2003 and to increase the total
compensation to $60,000 for FY 02-03.
Councilmember Coontz recognized the merits of the Orange County Conservation Corps
which is an organization that offers paid productive full time work in the City parks for
young adults. It benefits the entire community by providing work experience and job
skills for young adults from an at-risk population. She submitted information on the
organization.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMP ACT: The amended contract will be financed as follows:
Public Works maintenance funds: $ 7,500 Account No. 220-5022-427100-0000
Parks maintenance funds: 12,000 Account No. 100-7022-427100-0000
Beverage Container Grant funds: 40,500 Account No. 220-5022-427100-4909
$60,000
All of these funds have been appropriated through the budget process or by other Council
action.
BIDS
3.13 Project No. S.P. 3284; La Veta Avenue Street Widening: Main Street to Batavia
Street, Approval of Plans and Specifications, and Request for Authorization to
Advertise for Bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the La Veta Street
Widening project from Main Street to Batavia Street. The estimated construction cost is
$ 2,200,000.
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for the
La Veta Avenue Street Widening project.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Capital Program in the following accounts:
550-5011-483300-4039
550-5011-483300-4039
286-5011-483300-4039
262-5011-483300-4039
FY 01-02
FY 02-03
FY 01-02
FYOI-02
Total
$ 223,700
$ 725,025
$ 179,880
$ 133.860
$1,262,465
Measure M RIP
MPAH
TSIA (JPA)
MeasureM
CONTRACTS
3.14 Second Amendment to Contract between the City of Orange and Signal
Maintenance, Inc. for traffic signal maintenance services. (A2100.0 AGR-0332.D.2)
SUMMARY: Signal Maintenance, Inc. (SMI) was awarded a contract, on a competitive
basis, for traffic signal maintenance services for the City in July, 2000. The contract
allows for renewals up to two (2) years based on mutual agreement. On June 26, 2001,
the City Council approved Amendment No. I and renewed the SMI contract.
ACTION: Approved the Second Amendment to Contract for traffic signal maintenance
services between the City of Orange and SMI in an amount not to exceed $121,525.00
and authorized the Mayor to execute, and the City Clerk to attest, the Second Amendment
on behalf of the City.
FISCAL IMPACT: Funds in the amount of$121,525 for this contract will be available in
FY2002/03 Budget utilizing Gas Tax Exchange Funds in the Contractual Services
Account #273-5032-427100.
PERMIT PARKING
3.15 Request for temporary suspension of permit parking restrictions within Permit
Parking Area D and G for a special event. (S4000.S.3.1.2)
SUMMARY: The Community and Library Services Department will host the annual
July 3rd Celebration at EI Modena High School's Kelly Field. Due to anticipated
attendance it may be necessary to park in the surrounding residential neighborhood
adjacent to the stadium, which restricts on-street parking except by Permit.
ACTION: Approved the request and suspend the permit parking restrictions within
Permit Parking Area D and G on Wednesday, July 3, 2002.
FISCAL IMP ACT: None
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CITY COUNCIL MINUTES
June 25, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.16 RESOLUTION NO. 9629 (C2S00.M.1S)
A Resolution of the City Council of the City of Orange approving an application for
2002-03 grant funds from the Urban and Community Forestry Grant Program under
Proposition 12.
ACTION: Approved.
SPECIAL REQUESTS
3.17 Request for early closure of the Orange Public Library facilities to the public on
Wednesday, July 3, 2002. (C2S00.I)
SUMMARY: Early closure of the Main Library and the Taft and EI Modena Branch
Libraries (at 6:00 p.m. rather than at 8:00 or 9:00 p.m.) is requested to allow Library staff
to attend the City's annual Uncle Sam's 3rd of July Celebration
ACTION: Closed Orange Public Library facilities to the public at 6:00 p.m. Wednesday,
July 3, 2002.
FISCAL IMPACT: None. Staff work hours will be shifted on July 3rd to begin earlier in
the day (at 9:00 or 10:00 a.m. rather than at 12:00 noon) for those who normally work
evemngs.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Corrections were made to Item 3.3, June 6, 2002 Minutes, Item 3.12 was removed and
heard separately, and all other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
S. REPORTS FROM COUNCILMEMBERS
S.l Councilmember Slater - Selection of City of Orange Motto
Councilmember Slater recognized the members of the Motto Contest Committee - Scott Parker,
Karen Herrera, Bruce Patrick and Nancy Collins.
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CITY COUNCIL MINUTES
June 25, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Nancy Collins reviewed the procedures followed by the Motto Contest Committee. There were
864 entries received, and the Committee narrowed them down to their final five choices.
5th Place - California's Hometown; 4th Place - Where History Comes Full Circle; 3m Place-
Honoring the Past - Embracing the Future; 2nd Place - City 'Round the Plaza; and their 1st
Place Choice - A Slice of Old Town Charm.
Councilmember Slater stated the names of those who submitted the entries had been kept
separate from the actual mottos until after they had been chosen. He introduced Jamie Fingal,
who submitted the Committee's first choice of A Slice of Old Town Charm.
Councilmember Slater explained the Old Town part of the motto represents all areas of Orange,
including El Modena, Olive and Orange Park Acres, which all have an Old Town charm. This
motto incorporates the history of Orange, the Plaza area, a community theme and the orange
aspect. He suggested that perhaps next year, the City conduct a contest for a logo that could
incorporate this motto. He also noted the Committee had suggested the word Town not include
an 'e',
Mayor Murphy announced a letter had been received regarding the motto contest from Lauren
Valantine.
The Council thanked the Committee for a great job as it was difficult to narrow down all the
entries; and agreed to support the Committee's recommendation.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt as the official City of Orange motto - A Slice of Old Town Charm.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1120
6.1 Report on the meeting times for the City Traffic Commission, Park Planning and
Development Commission and to review the composition of the Design Review Committee.
(Continued from June II, 2002) (ORI800.0)
John Sibley, Assistant City Manager, reported staff had met with the Traffic and Park
Commissions, and members of both Commissions agreed to a meeting time of 5:30 p.m.. It was
noted that the Park Commission meetings already start at 5:30 p.m. so no change is required.
Regarding the composition of the Design Review Committee, that Committee is recommending
that the Community Development Director remain a voting member of the Committee. In
response to questions by Councilmember Coontz, the Community Development Director
explained her role on the Design Review Committee, and that staff support will continue
regardless of whether or not she is a voting member on the Committee.
PAGE 8
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CITY COUNCIL MINUTES
June 25, 2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Councilmember Cavecche stated it was her preference that all Commission meetings begin at
7:00 p.m., but would agree to the 5:30 start time to see how it works. However, she did not feel
it was proper for the Community Development Director to continue as a voting member on the
Design Review Committee, as it can represent a conflict of interest; and that staff should be
utilized for input and recommendations only. She stated this is a good opportunity to find out
what type of expertise is missing on the Committee when looking for new members.
Councilmember Coontz explained the Traffic Commission was originally established as a
Bicycle Safety Committee and began at 3:30 p.m. to include representatives from the School
District; and agreed the meeting times should be changed to 5:30 p.m.. She agreed the
Community Development Director should not be a voting member on the Design Review
Committee, and suggested this position be filled after another soon-to-be-vacant position is
filled.
Mayor Murphy explained when the Design Review Committee was changed several years ago,
there was a need to provide continuity and the Community Development Director was placed on
the Committee. However, he agreed with replacing the Community Development Director
because of perceived conflicts; and would like to see five community members with staff
involved only in a supportive role.
Mayor pro tem Alvarez stated the Design Review Committee needs to go back to the way it was
in the past, possibly including a member with a construction background, an at-large person with
general business background and a member with landscape architecture experience. The staff
position should be supportive only and all departments, not just Community Development,
should be involved.
Councilmember Slater congratulated the Community Development Director on a great job with
the Design Review Committee, but agreed the Committee should be comprised of five
community members; and suggested also reviewing the qualifications ofthe current members.
The Council recognized the Design Review Committee for the great job they are doing.
TAPE 1700
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approve the revised start time of the Traffic Commission to 5:30 p.m.; and direct the City
Attorney to make the necessary revisions to the Ordinances setting forth these times and return to
Council for adoption.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
June 25, 2002
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Direct staff to come back with a report on the composition and make up of the Design Review
Committee by transferring the Community Development Director's position to a public position;
and a report on what the current requirements are for composition.
7. ADMINISTRATIVE REPORTS
7.1 Report from Personnel Director - Workers' Compensation Budget Appropriations
(C2500.J.4.21)
SUMMARY: Two appropriations are being requested for the Worker's Compensation Budget.
The first appropriation of $280,000 for FY 01/02 budget is being requested to pay for higher than
expected medical benefits for Workers' Compensation Claims. The second appropriation of
$145,000 is being requested for the FY 02/03 budget to pay for an unexpected increase for
excess Workers' Compensation Insurance for FY 02/03.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Appropriated $280,000 from the Fund 730 (Workers' Compensation) to account
No. 730-1412-432100 (Claims Compensation) to pay for additional unexpected medical costs
due to industrial injuries for FY 01-02. 2) Appropriated $145,000 from Fund 730 (Workers'
Compensation) to account 730-1412-432400 (Excess Insurance Premiums) for FY 02-03.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE 6-02 (SECOND READING) (A2500.0 ORD-6-02 Signs)
An Ordinance of the City Council of the City of Orange amending Chapter 17.36 of Title 17 of
the Orange Municipal Code pertaining to regulations for Noncommercial and Campaign Signs.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 6-02 be read by title only and same was approved and adopted by the
preceding vote.
Councilmember Coontz expressed concern on the difficulties of enforcing this Ordinance.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
June 25, 2002
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:45 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations: Orange Maintenance & Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
(OMEA), Water Department Employees Association (WDEA)
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case re: internet franchise fees)
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
12. PUBLIC COMMENTS
Arlen Craig, address on file, spoke on the Tustin Branch trail and using the railroad right-of-way.
13.
PUBLIC HEARINGS
TAPE 2200
13.1 APPEAL NO. 487, MAJOR SITE PLAN REVIEW NO. 206-01
CHAPMAN UNIVERSITY DORMITORY/PARKING STRUCTURE:
(A4000.0 APP 486-02)
The public hearing to consider an appeal of the Planning Commission's decision to uphold
Appeal No. 486-02, denying Major Site Plan Review No. 206-01 to replace an existing
dormitory (Cheverton Hall) with a new four story, 300 plus bed dormitory and six level, 600
space parking structure was continued from June 11, 2002.
Note: The public hearing is closed.
NOTE: Environmental Impact Report No. 1195 for the Chapman College Specific Plan was
certified on January 10, 1989, considering the environmental effects of a campus wide specific
plan. An addendum to that EIR was approved in March 1997 to assess an updated Specific Plan
focusing on the addition of a law school, new parking facilities and an increase in student
capacity. In accordance with Section 15177 of the CEQA Guidelines, the City of Orange has
prepared Initial Study No. 1686-02 to assess the potential for project specific environmental
impacts and determined that the environmental effects of the proposed dormitory and parking
structure project have been addressed in EIR No. 1195 and its Addendum. Therefore, additional
documentation is not necessary.
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CITY COUNCIL MINUTES
June 25, 2002
13. PUBLIC HEARINGS (Continued)
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"We are requesting that the City Council reconsider the following facts: The Residence Hall and
Parking proj ect:
. Addresses all environmental issues in conformance with CEQA;
. implements and is consistent with the Chapman University Specific Plan, as approved by the
City of Orange;
. has been approved by the Staff Review committee, Design Review committee and
Community Development Director;
. Incorporates residential architecture and enhanced landscaping that blends into the
neighborhood;
. Compliments the City approved University Parking Management Plan; and
. reduces parking and traffic impacts within adjoining residential neighborhoods by providing
critical off street/on-campus resident student parking."
Mayor pro tern Alvarez stated, for the record, that since he was not at the first public hearing,
under the instructions of the City Attorney, he reviewed the video tape of the first hearing on this
matter, as well as re-reviewed all the materials that were supplied to the Council for this item for
the prior meeting as well as this meeting. He is prepared to move forward and participate on this
item.
ADPellant
TAPE 2250
Mr. Ken Ryan, representing Chapman University, stated that since the last meeting, they have
focused on four items - reducing the parking structure from 55 feet to 49 feet, while still
maintaining safety and security; provided additional landscaping along the west side; structured a
semi-annual good neighbor report card, including a parking structure incident report and a report
on neighbor calls; and have identified options for eliminating the light poles at the top of the
parking structure. He noted that as a condition of approval, they would have to get final
approval for the lighting from the Police Department. Options for the lighting include using the
original four light poles, using bulk head lights or utilizing a combination of shorter poles and
reduced bulk head lighting.
MAYOR MURPHY RE-OPENED THE PUBLIC HEARING
Angela Larsen, 593 N. Orange, stated the EIR has not fully evaluated a six-level parking
structure, and even though it has been lowered six feet, six levels is still too large for the
neighborhood.
Paul Larsen, 593 N. Orange, asked that no light poles be located on the top of the parking
structure and that the structure be lowered even more. He spoke in favor of the report card to
keep problems under control.
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CITY COUNCIL MINUTES
June 25, 2002
13. PUBLIC HEARINGS (Continued)
Fred Peters, 706 E. Walnut, stated the structure should be no more than five levels, noting that
vehicles will protrude above the structure.
Vic Iverson, 719 E. Hoover, asked that the parking structure be limited to five levels.
Council Ouestions
Councilmember Coontz asked about the report cards and what the procedure will be when they
are received by staff. She stated the need for follow up, and that problems need to be addressed
throughout the campus as soon as possible.
The Community Development Director explained the report card will be submitted to the City
twice a year. Staff will look at the level of activity and instances, the response times and
resolution of incidences, which will establish a baseline in which to evaluate future incidences.
Staff will bring these reports to the Council as information items.
Councilmember Slater stated the comments from the residents have been helpful and have served
a purpose; and that Chapman University has made an effort in addressing all of the concerns. He
noted the concerns of the Police Department about the removal of all light poles from the top of
the structure; and asked if an eight foot pole could be seen from the Larsen property.
Mr. Ryan noted the eight foot poles could be seen from a distance of 650 feet, which is a
significant reduction in visibility from the surrounding area.
Mayor pro tern Alvarez asked if a lighting consultant could develop a scheme that would meet
lighting requirements without poles; asked if the parking structure will resolve parking problems
campus wide; asked about future plans for additional parking structures and the parking lot to the
west; and how the University will follow up on the report cards.
Mr. Ryan stated they have utilized the expertise of a lighting consultant to develop a lighting
program, which will be approved by the Police Department as a condition of approval. The
parking structure is a critical component of their comprehensive parking management plan for
the entire University. There are currently no plans for additional structures, although their long
term plan is to upgrade all facilities; and they will landscape the parking lot to the west. The
report card will be provided every six months. Along with that, they will be hiring a new
campus security officer, initiated a new hotline program and will conduct regular neighborhood
meetings to maintain communication with the neighborhood.
Mayor pro tern Alvarez asked about traffic and if the existing streets can handle the anticipated
traffic. The Public Works Director stated they do not anticipate the need for any street
improvements.
Councilmember Cavecche asked about the report submitted by the Police Department on the
parking structure lighting. Brad Beyer, ofthe Police Crime Prevention Bureau, explained they
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CITY COUNCIL MINUTES
June 25, 2002
13. PUBLIC HEARINGS (Continued)
were able to find only two other structures in the area with similar lighting, although the other
structures have a lower level of lighting than the one proposed at Chapman. He noted the Police
Department will have to sign off on the photo metric study as a condition of approval.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 3670
Councilmember Slater stated he was comfortable with all the proposed conditions, except that if
light poles are eventually used, he suggested they be no more than eight feet in height. He
further stated that although he agrees with the compromises made on both sides and this will be a
worthwhile project, he did not want to see another project from Chapman University unless a
revised Specific Plan is brought forward first or at least brought forward in concert with a
project.
Councilmember Cavecche stated that her first reaction was to agree with the neighborhood and
reduce the structure to five levels; but in reviewing the balance between six feet, which would be
the difference between five levels and six levels, and the creation of 100 parking spaces, she
ultimately agreed with the six levels. She thanked Chapman University for the compromises
made and the additional landscaping, and agreed on the need for a new Specific Plan. The City
and the neighborhood both need to see an overview of what the University is planning for this
area.
Councilmember Coontz stated the Specific Plan was very needed at the time it was developed,
but a great deal of time has elapsed since then. She appreciated the involvement ofMr. Ryan in
listening to the Council and the neighborhood and in trying to make improvements. She
suggested there be an outline from Chapman University as to what their general plans are for the
future other than the things the Council has asked for specifically. Being a good neighbor is
something Chapman has tried to do, but there is a need for more direct communication with the
neighbors, and she asked for a better approach to handling problems.
Mayor pro tern Alvarez stated the best place to put this parking structure is in the center of the
campus, where is it proposed. Parking has always been a problem in this area and now Chapman
is trying to do something about it; and more benefits will come from the addition of the structure
in resolving bigger issues. It is also important to keep communication open between the
University and the neighborhood.
Mayor Murphy stated the Council can not change history, but it can set a plan and vision to
move forward; and the idea of involving the community has resulted in a much better project
than originally proposed. He complimented Chapman University and the neighborhood in
dealing with this project. He agreed with the idea of a new Specific Plan to move forward in
setting some expectations. The key is continuing to work together and provide plans up front so
PAGE 14
CITY COUNCIL MINUTES
June 25, 2002
13. PUBLIC HEARINGS (Continued)
everyone has an opportunity to participate in the process. He stated there have been a lot of
compromises, and it would have been difficult to tell the difference between four to five feet,
which would have been the difference between five and six levels. It is more important to
provide a design which is safe and gets more cars off the street and provides a landscape plan to
beautify the area.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to determine that no additional environmental documentation beyond Initial Study No.
1686-02 is needed for the proposed project in accordance with Section 15177 of the CEQA
Guidelines, due to the Chapman University Specific Plan build-out conditions evaluated in EIR
No. 1195 and its Addendum, and based on the findings of the Initial Study prepared for the
proposed project.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Appeal No. 487 with the seven conditions recommended by staff including
the condition that should it be determined to satisfy lighting requirements in the Police
Department, light poles should be used, that they not exceed eight feet down the middle of the
structure's parking surface; and the semi-annual incident and neighborhood response report be
reviewed by the Community Development Director and reported to the City Council.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 8:10 p.m.
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CASSANDRA J. THCART, CMC
CITY CLERK
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MARKA.M
MAYOR
PAGE 15