7/9/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JULY 23,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 9, 2002
The City Council of the City of Orange, California convened on July 9, 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 Helen Walker, Soroptimist International
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
Presentation of Outstanding Planning Award for the Plaza Preservation Plan from the
Orange County Chapter of the American Planning Association - was presented by
Adrienne Gladson, 2002 OCAP A Award Chair.
Members of the Plaza Citizens Committee were recognized: Judy Schroeder, Randy
Bosch, Susan Secoy (present), David Hart, Carol Walters (present), Hank Mascolo
(present), Mike Escobedo, Bill Cathcart, Brady MacDonald, Joan Crawford, Adrienne
Gladson. Staff who worked on the project were also recognized: Anna Pehoushek,
Roger Hohnbaum, Frank Sun, Jerry Bailey, Dave Stuetzel, Tara Finnigan, Gabe Garcia.
Mayor Murphy announced the Council will adjourn in memory of Fire Chief Emeritus
Floyd Higgins, who recently passed away.
2.
PUBLIC COMMENTS
TAPE 430
Jeff Gorman, Orange High School Aquatics Director, asked for support for the Orange
High School water sports programs and distributed fliers for sponsorships.
John Whiteriver, 194 S. Pixley, American Legion Post 132, spoke on a proposed
Veterans Day celebration on November II, 2002 and that it should be a joint venture
between the City and the American Legion.
Raymond Goss, 425 S. Lilac, American Legion Post 132, spoke in support of an event to
commemorate September II t\ but asked that it be held at a location other than Depot
park and the Veterans Memorial, as that should be reserved for the Veterans Day
celebration.
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CITY COUNCIL MINUTES
July 9, 2002
2. PUBLIC COMMENTS (Continued)
Carole Walters, address on file, spoke on problems with barking dogs and suggested
there needs to be a law on barking dogs which is enforceable by the Police Department.
3.
CONSENT CALENDAR
TAPE 780
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.
(REMOVED AND HEARD SEPARATELY)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 9, 2002. Page 2 was omitted from the agendas
posted at the Main Library at 101 N. Center Street, the Police Facility at 1107 North
Batavia and Shaffer Park. The complete Agenda was posted at Orange Civic
Center, 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.
Mayor Murphy announced that due to a printing error, page 2 was missing from the
Agendas posted at the Main Library, the Police Department and Shaffer Park; and it is
recommended that Item 3.1 be adopted as amended and Council continue Items 3.2 and
3.3 to the next Council meeting.
MOTION - Murphy
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Accepted Amended Declaration of Agenda Posting and authorized its
retention as a public record in the Office ofthe City Clerk.
(REMOVED AND HEARD SEPARATELY)
3.2 Request Council Confirmation of warrant registers dated June 20 and 27, 2002.
MOTION - Murphy
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Continued to July 23, 2002.
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CITY COUNCIL MINUTES
July 9,2002
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.3 Request approval of City Council Minutes, Regular Meeting, June 25, 2002.
MOTION - Murphy
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Continued to July 23,2002.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Memorandum of Understanding with the City of Anaheim for the installation of
Landscaping and Irrigation Improvements in the vicinity of The City Drivel 1-5
interchange. (A2100.0 AGR-4042)
SUMMARY: The City of Anaheim has secured TEA-21 grant funding and under
agreement would perform as lead agency in the installation oflandscaping improvements
within the jurisdictions of Anaheim, Buena Park, Fullerton and Orange. The total cost of
improvements within the City of Orange is $303,384. The City's portion of funding is
$164,578 to match $139,256 in TEA grant funds.
ACTION: Approved the Memorandum of Understanding with the City of Anaheim, as a
responsible agency under the California Environmental Quality Act (CEQA) and after
consideration of the action taken by the City of Anaheim under both CEQA and the
National Environmental Policy Act (NEPA); and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: The agreement requires matching funds in the amount of $164,578.
Funds are to be provided by the City's Redevelopment Agency. A separate funding
agreement has been prepared for approval to fund agreement requirements.
3.6 Agreement between the City of Orange and the City of Villa Park for Wanda Road
Rehabilitation from Katella Avenue to Santiago Boulevard. (A2100.0 AGR-4043)
SUMMARY: The Cooperative Agreement between the City of Orange and the City of
Villa Park establishes the funding and respective responsibilities of each agency for the
rehabilitation of Wanda Road.
ACTION: Approved the Cooperative Agreement and authorized the Mayor and City
Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
July 9, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds have been allocated in Fiscal Year 2002/2003 in the following
accounts:
500-5011-483300-4021
550-5011-483300-4021
550-5011-483300-4021
Capital Projects
AHRP
Villa Park
$140,101
$182,132
$107.136
$429,369
Total
3.7 Third Amendment to Agreement No. 3580 with the Community Services and
Library Foundations concerning a fundraising opportunity during the 2002
International Street Faire. (A2100.0 AGR-3580.3)
SUMMARY: Agreement No. 3580 from August 2000, and two subsequent
Amendments, allow the non-profit Community Services and Library Foundations to
operate pay parking lots on designated City property during the International Street Faire.
This Third Amendment would raise the per-stall or per-vehicle parking charge to $7.00
(from $5.00), as of the 2002 International Street Faire. All other terms of the original
five-year agreement would remain unchanged.
ACTION: Authorized a Third Amendment to Agreement No. 3580 to raise the parking
charge to $7.00 per parking stall or per vehicle in designated City-owned lots during the
2002 International Street Faire.
FISCAL IMPACT: Because the Foundations will reimburse the City for staff costs (if
any) associated with the use ofthe parking lots as a fundraiser, there is no fiscal impact.
3.8 Award of a Consultant Services Agreement to Alliance Acoustical Consultants, Inc.,
for East Chapman Avenue Noise Study from Cannon Street to Newport Boulevard.
(A2100.0 AGR-4044)
SUMMARY: This contract provides for the study of traffic generated noise on three legs
of East Chapman Avenue in the following order: Equestrian Drive to Newport
Boulevard, Cannon Street to just east of Canyon View Avenue, and just east of Canyon
View Avenue to Equestrian Drive.
The study will measure existing exterior and interior noise levels within several hundred
feet of the roadway, examine possible noise level increases due to projected traffic
volume increases, review possible noise abatement methods and their effectiveness, and
review the results with the respective homeowners associations and individual residents.
ACTION: Approved Consultant Services Agreement between the City of Orange and
Alliance Acoustical Consultants, Inc., in the amount of $58,100.00 and authorized the
Mayor and City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account(s):
285-5011-483300-4009 TSIP Area C $92,320.00
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CITY COUNCIL MINUTES
July 9,2002
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.9 Approval of Fifth Amendment to Consultant Agreement with Shaw Environmental
and Infrastructure, Inc., for Yorba Park methane gas monitoring.
(A2100.0 AGR-3139.5)
SUMMARY: The County of Orange Local Enforcement Agency (LEA) has required the
City of Orange to monitor methane gas generated from the closed Yorba Landfill located
at Yorba Park. Costs to provide the required weekly monitoring through August 2002 are
estimated at approximately $70,000.
Mayor Murphy announced an amendment is necessary as this agreement is with IT
Corporation, not Shaw Environmental, as noted on the Agenda.
Mayor pro tern Alvarez asked that the Council be provided with updated reports on the
Yorba Park methane gas monitoring.
Councilmember Coontz pointed out this was not the first time this agreement has been
before the Council, as was reported in the press.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
MOTION: Approved the Fifth Amendment to Agreement No. 3139 with IT Corporation,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: If approved, the Fifth Amendment will be funded in the following
accounts:
Account No. 100-7001-426700 (Other Professional & Consulting Services)
500-5011-485100-3051 Yorba Park Methane
$52,000.00
18,000.00
$70,000.00
Total
3.10 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Interinsurance Exchange ofthe Automobile Club
b. Sandra Giannoble
c. Gary T. Blankenhorn
ACTION: Denied Clairn(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
July 9,2002
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award a construction contract to Works Striping & Marking Service, Inc. of West
Covina for installation and replacement of raised pavement markers at various
locations in the City of Orange (Bid No. 012-51). (A2100.0 AGR-4045)
SUMMARY: The proposed raised pavement markers will improve the safety and
efficiency of traffic flow. Four proposals for these improvements were received. Works
Striping & Marking Service, Inc. located at 1122 Azusa Canyon Road, West Covina, CA
91790, submitted the lowest responsible bid in the amount of$48,036.00.
ACTION: Awarded a contract to Works Striping & Marking Service, Inc. in the amount
of$48,036.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds for this project are available utilizing Gas Tax Funds in the
Installation of Raised Pavement Markers Account No. 272-5032-485100-4906.
3.12 Notice of Completion and Acceptance for retrofitting traffic signals with red, yellow
and green LED units city wide by Baxter-Griffin Co., Inc. of Stanton on May 22,
2002. (No staff report required.)
SUMMARY: On May 29,2001, the City Council awarded a contract for the installation
of light emitting diode (LED) traffic signal heads. Such work has been completed to the
satisfaction of the City Engineer. The final cost of the project was $105,605.01.
ACTION: Approved.
FISCAL IMPACT: None.
3.13 Award of Contract - Bid No. 012-45; SP-3331; Arterial Highway Rehabilitation
Program - Chapman Avenue Pavement Rehabilitation from Lewis Street to
Manchester Avenue. (A2100.0 AGR-4046)
Approve Contract Change Order No. 1 for additional ADA Wheelchair Access
Ramp construction at northeast corner of Chapman Avenue and Lewis Street.
SUMMARY: The bid opening was held on May 29, 2002. Five (5) formal bids were
received for this project ranging from $242,409.30 to $265,561.45. R.I. Noble Company
was the apparent low bidder. The rehabilitation for the project includes traffic control,
cold milling asphalt, asphalt concrete deep lift, asphalt concrete overlay, removing and
replacing curb and gutter, water valve and manhole adjustments, surveying well
monument adjustments, and all appurtenances, traffic loop detectors, signing, striping and
all pavement markings required, including all labor and equipment necessary for
completion of work; and traffic signal interconnect.
ACTION: 1) Awarded a contract in the amount of $242,409.30 to R.I. Noble Company,
1550 E. Lincoln Avenue, Orange, CA 92856 and authorized the Mayor and the City
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
July 9,2002
Clerk to execute on behalf of the City. 2) Approved a Contract Change Order No. I in
the amount of $4,228.00 to RJ. Noble Company for the additional ADA Wheelchair
Access Ramp construction at the northeast comer of Chapman Avenue and Lewis Street.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital Improvement
Program in the following accounts:
550-5011-483300-3217
$160,337
920-9811-483300-3217
$148,436
550-5032-483100-6463
$ 86,400
310-9645-483300-1328
Total Funds
$ 4,228
$399,401
Arterial Highway Rehabilitation Program
(Pavement Rehabilitation)
Southwest Project & Loan Administration
(Pavement Rehabilitation)
Measure "M"/S.I.P.
(Traffic Signal Interconnect)
(CDBG Funds - ADA Improvements)
3.14 Award of Contract- Bid No. 012-46; SP-3332; Arterial Highway Rehabilitation
Program - Newport Blvd. Pavement Rehabilitation from Canyon View Avenue to
White Oak Ridge. (A21 00.0 AGR-4047)
SUMMARY: The bid opening was held on May 29,2002. Five (5) formal bids were
received for this project ranging from $148,726.00 to $189,539.00. RJ. Noble Company
was the apparent low bidder. The rehabilitation for the project includes clearing and
grubbing, cold milling asphalt concrete, installing pavement reinforcing fabric, saw
cutting and removing asphalt concrete, asphalt concrete deep lifting and overlaying,
water valve and manhole adjustments, resetting survey monuments and centerline ties,
traffic control, install traffic detector loops, and installing signing, striping and all
pavement markings required.
ACTION: Awarded a contract in the amount of $148,726.00 to RJ. Noble Company,
1550 E. Lincoln Avenue, Orange, CA 92856 and authorized the Mayor and the City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital Improvement
Program in the following accounts:
550-5011-483300-3417 $ 58,616
500-5011-483300-3417 $106.190
Total Funds $164,806
Arterial Highway Rehabilitation Program
City Funds
3.15 Award of Contract - Police Department Floor Covering Replacement.
(A2100.0 AGR-4048)
SUMMARY: The carpet in the Police Facility is 12 years old and exposed to 24hr shift
work. It shows serious signs of wear patterns, stains, dirt, wrinkling, delamination and
loose strings throughout the facility. Cleaning and repairs have not been successful in
restoration. Carpeting and flooring will be replaced throughout the building in an amount
not to exceed $150,000.
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CITY COUNCIL MINUTES
July 9,2002
3. CONSENT CALENDAR (Continued)
ACTION: Awarded Bid No. 012-53 in an amount not to exceed $150,000 from the sole
bidder, Shaw Contract Flooring, dba Spectra Contract Flooring, 11411 Valley View
Street, Cypress, CA 90603 and authorized the Mayor and City Clerk to execute on behalf
ofthe City.
FISCAL IMP ACT: Sufficient funds are available in the following account:
725-4011-481200-2101 Capital Projects $150,000
DONATIONS
3.16 Accept donation of $500.00 from an Orange resident for use in the Fire/Rescue
Paramedic program. (C2500.H)
SUMMARY: An Orange resident, Mrs. Ho Yeh Mei Chiu, has donated a check in the
amount of$500.00 to be used to support the Fire Department's Fire/Rescue program.
ACTION: Accepted this donation in the amount of $500.00 and appropriated the funds
to Account No. 100-3021-446500 (Fire Equipment).
FISCAL IMPACT: The $500.00 donation will augment the Fire/Rescue (Paramedic)
Budget Account No. 100-3021-446500 (Fire Equipment).
FEE WAIVER
3.17 Fee Waiver for Park Rental at Killefer Park (C2500.N)
SUMMARY: The City is required to charge a rental fee to persons or groups utilizing its
facilities. Household Faith Family Church is requesting the use of Killefer Park on July
27, 2002, from 8:00 a.m. to 6:00 p.m. for their annual Unity in the Community event.
Household Faith Family Church is requesting that the $200 fee be waived.
ACTION: Approved the fee waiver in the amount of $200 for use of Killefer Park by
Household of Faith Church.
FISCAL IMPACT: The waiver of the rental fees for the use of Killefer Park would result
in the loss of revenue in the amount of$200.
PURCHASES
3.18 Approve purchase of medical supplies for Paramedic/Transport Program for FY
2002/03. (C2500.H)
SUMMARY: This is a request for City Council to authorize purchase of medical
supplies from ProMedix (PMX) through a cooperative purchasing agreement in the
amount of$120,000.00.
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CITY COUNCIL MINUTES
July 9, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of medical supplies from ProMedix (PMX) in the
amount of$120,000.00 for FY 2002-03.
FISCAL IMPACT: Sufficient funds in the total amount of $124,500 are budgeted for
medical supplies and medications in Account #125-3022-445100 FirelParamedic
Medications; Account #100-3022-445100 Fire/Paramedic Medications; and Account
#125-3015-445100 Fire/Paramedic Medications.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY) TAPE 880
3.19 RESOLUTION NO. 9622 (A2100.0 AGR-4049)
A Resolution of the City Council of the City of Orange approving and authorizing the
execution of a cooperation and reimbursement agreement with the Orange
Redevelopment Agency for landscape and irrigation improvements in the vicinity of
The City Drive and Interstate 5 interchange.
(See ORA Agenda Item No 3.4)
In response to questions by Councilmember Slater, the Public Works Director stated
there is a one year maintenance period, as part of this cooperation agreement, after the
installation of the landscape and irrigation improvements.
Councilmember Coontz sated it would be a good idea to expand the information given to
the City so that all parties involved have a clear understanding of this issue.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
3.20 RESOLUTION NO. 9623 (H1200.0)
A Resolution of the City Council of the City of Orange designating certain portions of
Wanda Road within the City of Villa Park as a City of Orange highway for the purpose of
construction improvements.
Location: 660 feet north of Katella Avenue to Santiago Boulevard.
ACTION: Approved.
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CITY COUNCIL MINUTES
July 9,2002
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9630 (S4000.S.3.3)
A Resolution of the City Council of the City of Orange authorizing submission ofa grant
application to the State Energy Resources Conservation and Development Commission
for Battery Backup Systems for Traffic Signals.
ACTION: Approved.
3.22 RESOLUTION NO. 9631 (C2300.E)
A Resolution of the City Council of the City of Orange concerning the status of the
Circulation Element for the City of Orange.
ACTION: Approved.
3.23 RESOLUTION NO. 9632 (S4000.S.3.1.1)
A Resolution of the City Council of the City of Orange to reserve 54 on-street parking
spaces on the east and west side of Glassell Street from the Plaza northerly to Maple
Avenue, and within the northern quadrants of the Plaza for a Collector's Tour of vintage
Packards on Sunday, July 21,2002.
ACTION: Approved.
MOTION - Cavecche
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.1, 3.2, 3.3, 3.9 and 3.19 were removed and heard separately. All other items on
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None
5.
REPORTS FROM COUNCILMEMBERS
TAPE 950
5.1 Councilmember Caveccbe - Orange County League of Cities Draft Resolution on
Urban Runoff.
Councilmember Cavecche reported the City of Rancho Santa Margarita is putting forward a
Resolution for adoption by the League of California Cities at the League meeting in August. She
did not want Orange voting on a resolution without input from the Public Works Department
who have taken a lead in water runoff issues. She asked if the Public Works Department could
come back at the next Council meeting with a recommendation on whether the City of Orange
PAGE 10
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CITY COUNCIL MINUTES
July 9, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
should support, or not support, the proposed resolution from Rancho Santa Margarita. She has a
problem with some of the items in the Resolution, but wanted input from staff.
Councilmember Coontz noted she had asked for a presentation on water runoff as the Council
needs to know more about this issue.
Mavor pro tern Alvarez
TAPE 1070
Mayor pro tern Alvarez requested the City Clerk to place an item, under Councilmember
Reports, on the July 23, 2002 a~enda, regarding a committee to look at creating some sort of
recognition of the September II t event. Because of budget constraints, it will probably be low
key and not a major City event. Mayor pro tern Alvarez requested feedback from organizations
such as the American Legion. The people of this City would like to have the opportunity to
recognize what happened on September 11 th. He will send out a memo to the Council outlining
some ideas and would welcome feedback and then get together with the parties that will help
participate with this and work with the City Manager. He noted a September 11 th event will be
separate from a Veterans Day event, as September 11 th was a tragedy and not a celebration.
Council discussed the idea of a volunteer effort and possibly having this event at the Plaza. It
was noted that this event would be a separate event from the Veterans Day celebration, and that
it takes time to prepare events such as these and planning meetings need to begin for both events.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1300
6.1 Reappoint Karen Herrera to the Orange Public Library Board of Trustees, term to
expire 6/30/05.
MOTION - Cavecche
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to reappoint Karen Herrera to the Orange Public Library Board of Trustees, term to
expire June 30, 2005.
6.2 Accept Susan Secoy's resignation from the Design Review Committee effective July
17,2002 and instruct the City Clerk to begin Maddy Act regulations. (OR1800.0.8.1)
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept, with regrets, Susan Secoy's resignation from the Design Review Committee,
effective July 17, 2002, and instruct the City Clerk to begin Maddy Act regulations.
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CITY COUNCIL MINUTES
July 9,2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
TAPE 1340
6.3 Report from John Sibley, Assistant City Manager, on the composition of the Design
Review Committee (OR1800.0.8.1)
John Sibley, Assistant City Manager, reported that architectural, landscape and historical
expertise has always been utilized for criteria for Design Review Committee membership. If the
Council wants to include contractor or developer experience, it will necessitate a change in the
Ordinance. Staff recommends that the majority of the Committee membership still have
architectural experience.
The Community Development Director noted that the concern was if the Design Review
Committee was lacking something in the make up of the membership. She stated that the current
Committee is not lacking any area of expertise.
Councilmember Coontz noted it is difficult to find people willing to do this job and that are
compatible. In reviewing past discussions on this subject, she noted the Ordinance came through
in a little different interpretation than what was intended. The Community Development
Director is necessary at the meetings since they understand all the issues, but not as a voting
member. She also pointed out that one third of the Design Review Committee applications
involve Old Towne and two thirds are throughout the City. It is also important to note conflicts
of interest when choosing new Committee members.
Councilmember Cavecche noted in the previous Design Review Board, there were specific
requirements for specific seats. The current Design Review Committee has a good group of
architects, but the compatibility may not be there in the future, and she did not want to limit the
membership by not including general contractor experience, as that may open the field up for a
broader base.
The Council supported the idea of adding contractor experience to the Committee membership
and replacing the Community Development Director with a public member.
MOTION - Cavecche
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that the definition for the Design Review Committee be changed to take out the
Community Development Director or designee and the Design Review Committee shall consist
of five members of the public; and to add to the list of possible experience the term Licensed
General Contractor, or whatever term the Staff feels would be correct, to demonstrate building
knowledge.
Councilmember Coontz referred to previous minutes and recommendations of the individual
members of the Council in 1999 regarding the creation, goals and objectives of a Design Review
Committee and further recommendations to staff for departmental accomplishments, indicating
she was not certain all recommendations were followed through. Staff to return with a status
report.
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CITY COUNCIL MINUTES
July 9, 2002
7. ADMINISTRATIVE REPORTS - None.
8.
REPORTS FROM CITY MANAGER
TAPE !950
8.1 Request to Carryover Certaiu Fiscal Year 2001-02 Appropriations to Fiscal Year
2002-03 (C2500.J.1.5)
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY
2001-02 but not initiated during the fiscal year. Therefore, the funds for these projects must be
carried over into the new fiscal year of FY 2002-03 to facilitate completion of these projects and
workplans.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the carryover appropriations.
FISCAL IMPACT: Adequate funds have been appropriated and reserved in the Fiscal Year
2001-02 budget and are available to be carried over into the FY 2002-03 budget.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:41 p.m.
Note: There was no Closed Session.
a. 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 2030
Jim Clouet, Air Quality Management District, 21865 Copley, Diamond Bar, introduced himself
as the new Government Relations Liaison to Orange County cities and submitted information to
the Council on the AQMD.
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CITY COUNCIL MINUTES
July 9, 2002
13.
PUBLIC HEARINGS
TAPE 2130
13.1 LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE) (L1200.0 LMD-82-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 82-1, which is located westerly of Meats
Avenue in the vicinity of Marywood and Shadow Ridge Streets, Tract 10486.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the proposed assessment of $483 per lot for Lots 1 thru 10
and $105 per lot for lots 11 thru 56 are unchanged from last year's assessments. The estimated
district expenses for FY 2002-03 are $14,391, which can be funded by $9,660 in special
assessments, $1,452 in interest earnings and $3,279 from the district's rate stabilization fund.
Mayor pro tern Alvarez asked about the size of the reserve account.
The Public Works Director stated reserve funds are being utilized for a portion of the
expenditures. The amount being used out of the rate stabilization reserve this year is $3,279.
There is a remaining reserve for rate stabilization of $5,626, and additionally, a cash flow reserve
of $7,196 and a contingency fund of $2,878. The total estimated reserves for this district is
$15,700.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
No protests had been received.
RESOLUTION NO. 9626
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 82-1.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to close the public hearing and adopt Resolution No. 9626.
PAGE 14
CITY COUNCIL MINUTES
July 9, 2002
13. PUBLIC HEARINGS (Continued)
TAPE 2300
13.2 LANDSCAPE MAINTENANCE DISTRICT 86-2, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS) (Ll200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 86-2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills)
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the estimated expenses for 2002-03 are $479,291, funded
by $432,483 in special assessments, $21,015 in interest earnings and $25,793 from the district's
rate stabilization fund. The proposed assessment for a single family detached unit is $300 and
$180 for a single family attached unit, which is a 15.4% increase over last year. This is the
second year of increase in order to raise the assessment back to approximately the 1997 level,
and the cost increase is due mostly to contract maintenance costs.
Mayor Murphy announced for the record, a letter was received from Dr. and Mrs. Winston Ho in
opposition to the proposed assessments.
Council Discussion
Councilmember Coontz stated there seems to be a misunderstanding from the public of what the
Landscape Assessment Districts are and asked for a clarification.
The Public Works Director stated the Landscape Districts are special benefit assessment districts
which require that the properties receive special benefits over and above what would have been
included in a typical subdivision, such as enhanced parkways, landscaped medians and entry
roads and extra landscaping throughout the development. There was an assessment for the
installation of the improvements, but this is strictly for ongoing maintenance.
Mayor pro tern Alvarez asked who provides the actual services and why the costs have jumped
so high.
The Community Services Manager stated the services are provided by an independent contractor
through a competitive bid process; and the contract was re-bid for the first time in four years.
The costs have increased in part because there was a change in the specifications to increase
service, as required by the homeowners. This increase included an increased level of supervision
and more staff on site, along with replacement of plant materials, trees and improved lighting.
There has also been no indication from the homeowners to take over the administration of this
landscape service.
PAGE 15
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CITY COUNCIL MINUTES
July 9, 2002
13. PUBLIC HEARINGS (Continued)
The City Manager noted the City gets no financial benefit from this District, that all money goes
back into the District; and there is an overhead charge for that proportional share of staff time
that goes to the direct benefit of the Assessment District.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Greg Chilecki, 195 Deerwood, spoke in opposition to a 15% increase in the cost of services.
Brian DeSousa, 8342 E. Ironwood, spoke on specific landscape maintenance issues and asked for
an increase in service along with the increased assessment.
The City Manager stated staff would follow up with Mr. DeSousa to remedy the landscape
Issues.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy asked about the interest earnings and if they had been affected by the fall in
interest rates; and noted there are only three places to obtain funding for this District - special
assessments, interest earnings and the rate stabilization fund.
The Public Works Director stated this year's interest earnings are approximately $21,000, while
last year's were approximately $27,000.
Mayor pro tern Alvarez asked why there were benefit costs if the City is using an independent
contractor. The Public Works Director noted the benefits are a portion of the salary for the City
staff person assigned to administer the contract.
Councilmember Coontz asked about the length of time for these districts.
The Public Works Director stated the District will remain as long as there are facilities to
maintain, and the homeowners association requires it. The homeowners association can vote it
out, at which time the City would have no more obligation to provide landscape services; but it
would be up to the homeowners association to initiate that. He noted a homeowners association
can usually administer this type of district for 20 to 30% less cost, but there can also be a
problem with collecting the assessments from the individual homeowners.
Councilmember Cavecche wanted to insure that a response was sent to Dr. and Mrs. Ho, who
had sent a letter in protest, as there seemed to be a misunderstanding of the assessments.
Councilmember Coontz noted that many of the current residents are not original owners and
probably have not received correct information on the District assessments over the years.
The Public Works Director reported there was one written protest and two verbal protests
received, but a majority protest does not exist.
PAGE 16
CITY COUNCIL MINUTES
July 9, 2002
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9627
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy ofthe annual assessment for Special Maintenance District 86-2.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
NOES - Alvarez
Moved to respond to the letter of protest, overrule the protests received, close the public hearing
and adopt Resolution No. 9627.
Mayor pro tern Alvarez voted No because since he has been on the Council, he has been
uncomfortable with the City being involved with the Assessment Districts. He knows they are
established for reasons, but in all good conscience, he did not want impose this levy on Santiago
Hills.
TAPE 3200
13.3 LANDSCAPE MAINTENANCE DISTRICT 94-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING) (L1200.0 LMD-94-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 94-1, which is located in the Sycamore
Crossing Tract.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the estimated expenses for 2002-03 are $29,826, which will
be funded by $25,321 in special assessments and $4,505 in the district's reserve fund interest
earnings. The 124 unites in the interior of the tract will pay $155 per year and the 36 units
adjacent to the landscape improvement will pay $158.10. The senor citizen housing site will pay
$316.20, and the two lots owned by the City will pay $62 and $31 per year.
Councilmember Cavecche asked, for the record, if when the Santiago Creek Trail comes through
all the way, will the City be able to take a look at this Assessment District and see how much
will become a public thoroughfare versus Sycamore Crossing taking care of it.
The Public Works Director stated at that point, the benefit will have to be reevaluated to see how
much is a special benefit and how much will be a general benefit. Any portion identified as a
general benefit could no longer be funded through the Assessment District.
PAGE 17
CITY COUNCIL MINUTES
July 9, 2002
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
The Public Works Director stated no protests had been received. There has been a modification
from the preliminary report in that the assessments have been reduced by approximately $30
each.
RESOLUTION NO. 9628
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-1.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to close the public hearing and adopt Resolution No. 9628.
14.
PLANNING AND ENVIRONMENT
TAPE 3400
14.1 Consideration of appeal submitted by Ross and Holly Kline regarding the decision
of the City Traffic Commission to install red curb markings at the intersection of Shattuck
Place and Palm Avenue. (A4000.0)
SUMMARY: The basis for this appeal of the decision of the City Traffic Commission is the loss
of on-street parking in front of the appellant's property.
Reason for Appeal:
"We strongly appeal this decision and do not see our comer being a safety issue. No accidents
have occurred. We spent over $100,000 for improvements into our house to make the property
value increase and with curbs being red and to have no parking in front of house, property value
would be less. We have asked the residents on surrounding streets how they feel and we are
submitting a petition with signatures. If we understand this correctly and this is a safety issue,
should this be done to all comer houses in the City or are we being singled out?"
The Public Works Director reported the request for a red curb was originally brought to the City
Traffic Commission because of a problem with site distance at Palm and Shattuck and large
vehicles parked on the street. The Traffic Commission approved a 30 foot parking restriction at
306 N. Shattuck, a 20 foot restriction on the north side of Palm west of Shattuck and a 45 foot
restriction on the north side of Palm east of Shattuck.
PAGE 18
CITY COUNCIL MINUTES
July 9, 2002
14. PLANNING AND ENVIRONMENT (Continued)
Public Comments
Holly Kline, Appellant, 306 N. Shattuck, spoke in opposition to a red curb being painted at their
residence. In response to Council questions, she stated they own three vehicles, but do not use
their garage as there is a boat parked in there. She agreed there are a lot of cars along Shattuck;
and stated they have sold their motor home, which was parked on the street, and their trailer is in
the back yard behind a gate.
Those speaking in favor of the Appeal - concerns include: a red curb will result in limited street
parking, driveways and garages are already too small and street parking is necessary, there have
not been any accidents at this intersection, speeding is more of a problem, a red curb will
negatively affect property values.
. David Sobel, 1544 E. Palm
. Robin Cruse, 337 N. Shattuck
. Sheryl Dixon, 316 N. Shattuck
. Rick Cimarusti, 336 N. Shattuck
Those speaking in opposition to the Appeal - concerns include: line of sight problem at this
intersection, numerous near accidents, high profile vehicles are parked at the comer, safety issue,
adequate parking still available with red curb
. Elizabeth Zeidan, 435 N. Shattuck
. Arlene Minor, 384 N. Shattuck
. William Schipke, 394 N. Shattuck
. Harvey Smith, 393 N. Shattuck
. Manny Puentes, 373 N. Shattuck
. Dick Meadows, 444 N. Shattuck
. Harold Kennedy, 463 N. Shattuck
Holly Kline, Appellant, reiterated that their motor home is no longer a problem as it has been
sold. They also plan to move their boat to another location, which will leave the garage available
for parking.
TAPE 4980
Council Ouestions
Councilmember Coontz asked about speed humps and other traffic control measures.
The Public Works Director stated speed humps may not be eligible if this street is a fire response
route. He suggested an option that is used on a limited basis, which, under the Vehicle Code,
allows cities to prohibit parking of vehicles 6 feet or more in height within 100 feet of an
intersection. This would still allow standard size vehicles to park there and would not require a
red curb.
PAGE 19
CITY COUNCIL MINUTES
July 9,2002
14. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tern Alvarez asked if staff or the Traffic Commission had considered restricting
access onto Palm from Tustin Street, which would substantially reduce the traffic on Palm.
The Public Works Director stated this had not been considered, as there have not been concerns
about excessive volumes of traffic. This would also leave the problem of site distance at the
intersection and can create problems on other surrounding streets.
Councilmember Slater stated there is an immediate need for a traffic solution at this intersection
and asked how long it would take to process the high profile vehicle restriction. He also asked
about a handicap parking allowance at a residence on Shattuck and if it was still needed.
The Public Works Director stated it would take between 30 and 60 days to process a high profile
vehicle restriction; and that staff will research the handicap parking restriction.
Mayor Murphy asked about the 65 foot parking restriction on Palm, east of Shattuck.
The Public Works Director stated there is already 20 feet of red curb adjacent to the driveway.
An additional 30 feet is actually needed, but this would leave only 15 feet of curb, which is less
than the required space to park a vehicle. Therefore, the entire curb is recommended for
restriction.
Mr. Tucker Fleming, 1611 E. Palm, was called forward by the Council. He stated the 20 feet of
red curb adjacent to his driveway was painted before he lived there, but asked that it stay, as it
helped him in backing out of his driveway. He personally did not have a problem with the 65
feet ofred curb in front of his residence, but stated it would be a hardship for the other people in
the area who park there.
TAPE 6000
Council Comments
Councilmember Cavecche stated she lives in the area and realizes that people use Shattuck in
order to avoid Cambridge and Cambridge Elementary School. There are a lot of cars parked on
Shattuck, but painting red curbs will just move the problem further down the street. The main
problem seems to be turning from Shattuck onto Palm, and painting a red curb on Shattuck won't
solve this problem. She understands the need for a red curb on Palm, but not on Shattuck.
Mayor pro tern Alvarez stated he did not want to deny the Klines the same benefit that their
neighbors enjoy, and also did not support a red curb on Shattuck. He suggested looking at other
traffic alternatives for Palm, such as restricting access from Tustin Street.
Councilmember Slater spoke in support of the red curbs on Palm as an immediate solution and
asked that the high profile vehicle restriction be pursued.
PAGE 20
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CITY COUNCIL MINUTES
July 9, 2002
14. PLANNING AND ENVIRONMENT (Continued)
Councilmember Coontz stated that Palm is a natural traffic route. It goes from one end of the
City to the other, and ifit were restricted, it would throw traffic onto Walnut and other streets.
One of the problems throughout this street is that there is definitely a generation gap. There are a
lot of disabled people on that street. Parking over the driveway is a violation and there are some
simple things the neighbors could do to accommodate those people who are obviously older and
having a hard time getting around. Cars need to be parked in driveways and garages. Parking
over the sidewalk, as stated, is a problem. Restricting high profile vehicles is a good idea that
needs to be explored.
Mayor Murphy stated there is a definite problem getting out onto Palm from Shattuck; pointing
out the challenge of dealing with small garages and driveways on this street. In an effort to
maintain a safe neighborhood, he did not want to wait for an accident to happen, but also wanted
to minimize parking restrictions; and asked that lower profile vehicles be parked on Shattuck
near the intersection as a good neighbor effort.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to deny the appeal with regard to red curbing on Shattuck Place and modify the Traffic
Commission's recommendation to include red striping on Palm A venue only as recommended by
staff. Staff was also directed to report back with more information on the high profile vehicle
restrictions, and research the handicap parking on Shattuck Place to see if it is still needed.
15. ADJOURNMENT
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 9: I 0 p.m. in memory of Floyd Higgins, Fire Chief Emeritus.
~AA~~/A"~
CASSANDRA J. CART, CMC
CITY CLERK
1fJ~A~~
MAYOR
PAGE 21