8/13/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 27, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 13, 2002
The City Council of the City of Orange, California convened on August 13, 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 Bob Stempson, North Orange Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Slater
1.3 ROLL CALL
PRESENT - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor's Achievement Award presented to Irma Morales, Library Assistant in Children's
Services at the Main Library, as recipient of the 2002-03 Ayala Scholarship from the
Orange County Chapter of REFORMA, a professional organization supporting library
services for the Spanish-speaking.
Mayor's Achievement Award to Corporal Mike Streed, Orange Police Department, for
his expertise in forensic artistry in producing a composite sketch that led to the successful
capture of a dangerous suspect concerning the Samantha Runnion case. Note: Mayor
Murphy announced that Corporal Streed was unable to attend the meeting due to illness.
2. PUBLIC COMMENTS
Rick Cryder, address on file, former Vice President and co-founder of the Orange Dog
Park Association, reported that he has resigned his position with the Association and
expressed disappointment with the City in not making a determination on the Dog Park at
Yorba Park, as it was approved in concept two years ago. He encouraged the Council to
make a decision on the Dog Park before the November 2002 election.
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
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of August 13, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the Shaffer
Park Bulletin Board, summarized on Time-Warner Communications and available
on the City's Website www.cityoforauge.org, all ofsaid locations being in the City of
Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated July 18, 23 and 25 and
August 1, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 23, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Contract with the law firm of Woodruff, Spradlin & Smart to provide various legal
services. (A2100.0 AGR-2886.V.B)
SUMMARY: The City Attorney's office utilizes the Law Firm of Woodruff, Spradling
& Smart to assist it in providing legal services in connection with personnel, police and
general liability matters. The proposed contract is for an amount not to exceed $100,000
for the Fiscal Year 2002-2003.
ACTION: Approved and authorized the Mayor and the City Clerk to execute the
proposed contract with Woodruff, Spradlin & Smart in an amount not to exceed
$100,000.
FISCAL IMPACT: Funds are available in Legal Services Account 740-0301-426100.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
3.6 Award of Professional Services Agreement for the Preparation of a Record of
Survey and Engineering Calculations for La Veta Avenue. (A2100.0 AGR-4068)
SUMMARY: This agreement authorizes the Consultant to provide field surveying,
engineering calculations and plans, and preparation of a Record of Survey Map and
recording at the County of Orange for the precise alignment and record monumentation
along La Veta Avenue from Main Street to Parker Street.
ACTION: Approved agreement with Merit Civil Engineering in an amount not to exceed
$11,504.00 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in following account:
286-5011-483300-4039 (TSIA-LaVetalMain St. to Glassell)
$ 11,504.00
3.7 Consultant Services Agreement between the City of Orange and VisionAIR, Inc.
(A2100.0 AGR-3217.A)
SUMMARY: VisionAIR, Inc. is the vendor for the Police Department's computer-aided
dispatch and records management system (CAD/RMS). The Consultant Services
Agreement for software maintenance, for the period July 1, 2002 through June 30, 2003,
will provide continued support and upgrade services for these systems.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
VisionAIR, Inc. in the amount of $51,493.40 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City. Note: Mayor Murphy abstained
due to an employment conflict.
FISCAL IMPACT: Funds are budgeted in account number 100-4011-427800, Other
Contractual Services for this purpose.
APPROPRIATIONS
3.8 Authorization to appropriate $97,500 in grant funds and to establish two new
temporary part-time (19-hr) Library Assistant positions to staff a homework help
center at the EI Modena Branch Library. (C2500.I)
SUMMARY: Orange Public Library has been awarded $97,500 in State ELLI (English
Language and Literacy Intensive) grant funds. This is to pilot a Reading Zone homework
help program at the El Modena Branch Library, to improve the literacy skills and test
scores of low-achieving children learning English, and to improve their parents' literacy
as well. City Council authorization is needed to appropriate the $97,500 and to establish
the temporary part-time (19-hr) positions that will staff the Reading Zone until the grant
term ends on June 30, 2003.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
ACTION: (I) Appropriated $97,500 in ELLI grant funds as follows:
. $29,840 to 100-2031-413102-9908 (Part-Time & Seasonal Employees)
. $ 600 to 100-2031-421201-9908 (Postage-Direct)
. $ 5,000 to 100-2031-426700-9908 (Other Professional & Contractual Svcs)
. $ 3,000 to 100-2031-427601-9908 (Printing & Binding)
. $ 1,000 to 100-2031-429400-9908 (Local- Training & Conferences)
. $20,153 to 100-2031-441101-9908 (General Office Supplies)
. $ 7,852 to 100-2031-443101-9908 (Library Books)
. $28,155 to 100-2031-449100-9908 (Minor Office Equipment)
. $ 1,900 to 100-2031-591100-9908 (Internal Svc Costs-Data Processing Alloc);
and
(2) Authorized establishment of two (2) temporary part-time (l9-hr) Library Assistant
positions to staff the Reading Zone grant project.
FISCAL IMPACT: The City is receiving $97,500 from the State to implement this grant-
funded project. The only cost to the City will be in supervisorial oversight
(approximately 2-3 hours per week) by the El Modena site supervisor and the Senior
Librarian for Children's and Outreach Services. The grant application was prepared in
such a way as to ensure that all equipment, supplies, and direct staffing costs would be
covered by grant funding. Computers, language learning software, and books for the
children to use will remain City property after the grant period ends.
3.9 Request to Carryover $8,411 from Fiscal Year 2001-02 to Fiscal Year 2002-03
(C2500.K)
SUMMARY: This appropriation of grant funds is needed for the Police Department
Mobile Command Coach and was not included on the initial carryover list.
ACTION: Approved the carryover appropriation of$8,4ll in account 355-4011-471301
from FY 2001-02 to FY 2002-03.
FISCAL IMPACT: Funds were appropriated and reserved in account 355-4011-471301
(Federal Asset Seizure) and are available to be carried over into the FY 2002-03 budget.
BIDS
3.10 Final Acceptance of Bid 012-49; D-140 - Canal Street Storm Drain North of Sail
Avenue and authorization to file Notice of Completion with the County Recorder
(No staff report required).
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid 012-49; D-140 - Canal Street Storm Drain North of Sail. Contractor:
Bob Wetzel Concrete, Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of Connecticut, Bond No. 103524961 in the amount of $21,900.00,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Heirs of Edson Ledezma
b. Lupe Lopez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 First Amendment to Contract No. 0259.D with Richard L. Walker, Inc. for citywide
sewer cleaning and maintenance of two sewage pump stations. (A2100.0 AGR-
0259.0.1)
SUMMARY: The City entered into an agreement with Richard L. Walker, Inc. on March
24, 1998, after competitive bidding. Walker's bid was substantially lower than the
competition. Staff would like to extend the contract for fiscal year 2002/03.
ACTION: Extended the contract with Richard L. Walker, Inc. to June 30, 2003, with a
provision for up to three additional terms of one year each, in an amount not to exceed
$265,000 for the first year.
FISCAL IMP ACT: There are sufficient funds in the Sanitation Contractual Services
Account No. 273-5032-427100.
3.13 Contract Change Order No.2; Bid No. 012-17; Project No. SP-3375, Taft Branch
Library Remodel. (A2100.0 AGR-3913)
SUMMARY: Contract Change Order No.2 authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.2 is $14,872.20.
ACTION: Approved Contract Change Order No.2 in the amount of $14,872.20 to
Klassic Engineering and Construction, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
725-20011-481105-9918
$14,872.20 (Taft Library Renovation)
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
3.14 First Amendment to contracts for custodial services with Merchants Building
Maintenance of California, LLC, for Citywide custodial services to the following
contracts: (A2100.0 AGR-3649.1)
1. Civic Center Area Buildings - Agreement No. 3649
2. Outlying Buildings (Water Plant, Taft & El Modena Branch Libraries, and the Police
Sub-Station at 8525 E. Fort Rd.) - Agreement No. 4003
3. Corporation Yard and Police Headquarters Buildings - Agreement No. 3650
4. Parks Restrooms and Community Buildings - Agreement No. 4010
SUMMARY: Bid numbers 001-11, 001-43, 001-44 and 001-45 were awarded, after
competitive bidding, to Merchants Building Maintenance of California. Each had the
option to extend the contracts for up to two (2) additional years. Staff would like to
extend these through fiscal year 2002/03.
ACTION:
1. Approved First Amendment to Contract for Custodial Services for Civic Center Area
Buildings (AGR #3649) with Merchants Building Maintenance of California, LLC; in
the amount of$135,071.95 and authorized Mayor and City Clerk to execute on behalf
of the City.
2. Approved First Amendment to Contract for Custodial Services for Outlying Buildings
(AGR #4003) with Merchants Building Maintenance of California, LLC; in the
amount of $45,572.07 and authorized Mayor and City Clerk to execute on behalf of
the City.
3. Approved First Amendment to Contract for Custodial Services for Corporation Yard
and Police Headquarters Buildings (AGR #3650) with Merchants Building
Maintenance of California, LLC; in the amount of$157,799.50 and authorized Mayor
and City Clerk to execute on behalf ofthe City.
4. Approved First Amendment to Contract for Custodial Services for Parks Restrooms
and Community Buildings (AGR 4010) with Merchants Building Maintenance of
California, LLC; in the amount of$109,9l2.46 and authorized Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMPACT: There are sufficient funds available ill the Janitorial Services
Account No. 100-5027-424202.
$135,071.95 Civic Center Buildings
45,572.07 Outlying Buildings
157,799.50 Corporation Yard & Police Headquarters Buildings
109.912.46 Parks Restrooms & Community Buildings
$448,355.98 Total
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
3.15 Notice of Completion and Acceptance for the installation of traffic striping,
pavement markings and raised pavement markers by PCI LTD. of Long Beach.
(No staff report required.)
SUMMARY: On August 14, 2001 the City Council awarded a contract for the
installation of traffic striping, pavement markings and raised pavement markers. Phase I
of this work has been completed to the satisfaction of the City Engineer. The final cost of
Phase I of this project was $123,206.82
ACTION: Accepted public work improvement for Phase I and authorized the Mayor and
City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.16 Notice of Completion and Acceptance for the Police Facility Locker Room Addition
by Asher Industries, Inc. of Orange. (No staff report required.)
SUMMARY: On April 23, 2002 the City Council awarded a contract for improvements
to the locker room facilities that included the conversion of the EOC sleeping area to
expanded locker space in both the men and women's locker rooms, increasing the men's
locker room by 51 and the women's locker room by 27. The final cost of this project was
$116,020.
ACTION: Accepted public work improvement, authorized release of American
Motorists Insurance Company Bond No. 3SM04646700 in the amount of $111,815, and
authorized the Mayor and City Clerk to execute the Notice of Completion
FISCAL IMPACT: None.
DEDICATION
3.17 Offer of Dedication of public utility systems by Heights Partners LLC, the builders
for the Vista Royale hillside area. (C2500.M.16.1)
SUMMARY: A new street is being constructed in the former Vista Royale landslide
area. New water and sewer systems have been constructed by the builder. Because there
is no tract map for this development, a letter of dedication is submitted herewith by the
builder.
ACTION: Accepted the new public utility systems on behalf of the City.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
FACILITIES USAGE
3.18 Request to close the Main Library on Friday and Saturday, August 30 and 31,
during the 2002 International Street Faire. (C2500.I)
SUMMARY: Closure of the Main Library from 2-6 p.m. Friday, Aug. 30, and from 10
a.m.-6 p.m. Saturday, Aug. 31, is requested to avoid competition with the International
Street Faire downtown.
ACTION: Closed the Main Library from 2-6 p.m. Friday, August 30, and from 10 a.m.-6
p.m. Saturday, August 31.
FISCAL IMP ACT: There is no fiscal impact to closing the Main Library.
3.19 Request to open and use the Main Library for a Library Foundation fundraising
event on Friday evening, September 6, 2002. (C2500.I)
SUMMARY: The City of Orange Public Library Foundation, Inc., seeks Council
authorization to open and use the Main Library from 6-11 p.m. Friday, Sept. 6,2002, for
a library fundraising event, "Evening with the Stars."
ACTION: Approved request by the City of Orange Public Library Foundation, Inc., and
allow its use of the Main Library from 6-11 p.m. Friday, September 6, 2002, for a library
fundraising event.
FISCAL IMPACT: The cost of five hours' electrical power usage at the Main Library is
the only fiscal impact. No staff time or library supplies are involved. The Library
Foundation seeks to raise at least $600 from this event to be donated to the City toward
support for an expanded Main Library.
FEE WAIVER
3.20 Fee Waiver for Senior Citizen's Center (RI800.0.60)
SUMMARY: The City requires a rental fee for City facilities. The Orange International
Street Fair (O.LS.F.) Committee is requesting that all fees in the amount of $500 be
waived for its annual dinner event, which would be held at the Senior Citizen's Center on
August 29, 2002 from 5:00 p.m. to 9:00 p.m. The City Council has waived the rental fees
for the past several years.
ACTION: Approved the request for the fee waiver in the amount of $500 for use of the
Senior Citizen's Center
FISCAL IMPACT: The fee waiver for the Senior Citizen's Center would result in a loss
of revenue in the amount of$500.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
PARCEL MAP
3.21 Parcel Map No. 2000-117 - Request for approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 2000-117 creates four parcel numbers 1 to 4 and parcels A
and B to accommodate four single-family residences with access to Nohl Ranch Road by
a common driveway. Location: South side of Nohl Ranch Road between Santiago
Boulevard and Valley Glen Lane.
ACTION: Approved the Final Parcel Map No. 2000-117, and accepted dedications of
the storm drain and sewer systems in easements as shown on the Parcel Map.
FISCAL IMPACT: None.
RESOLUTIONS
3.22 RESOLUTION NO. 9634 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City Of Orange and the Orange Management Association
Concerning Wages, Hours, and Other Conditions of Employment Effective July I, 2002
Through and Including June 30, 2005, and Repealing Resolution No. 9135 and
Amendments Thereto For Said Employees.
ACTION: Approved.
3.23 RESOLUTION NO. 9635 (C2500.J.4.5)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Municipal Employees'
Association Relating to the Wages, Hours, and Other Conditions of Employment
Effective July I, 2002 Through and Including June 30, 2005, and Repealing Resolution
No. 9141 and Amendments Thereto For Said Employees.
ACTION: Approved.
3.24 RESOLUTION NO. 9636 (C2500.J.4.4)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Orange Maintenance and Crafts
Employees' Association, Concerning Wages, Hours, and Other Conditions of
Employment for the Period of July I, 2002 Through and Including June 30, 2005 and
Repealing Resolution No. 9138 and Amendments Thereto For Said Employees.
ACTION: Approved.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 9637 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding Between the City of Orange and the Water Department Employees'
Association Concerning Wages, Hours, and Other Conditions of Employment Effective
July I, 2002 Through June 30, 2005 and Repealing Resolution No. 9137 and
Amendments Thereto For Said Employees.
ACTION: Approved.
3.26 RESOLUTION NO. 9641 (C2500.J.3)
A Resolution of the City Council of the City of Orange approving and adopting the Final
Disadvantaged Business Enterprise (DBE) Program and Established Overall DBE Annual
Goal of 10% for Federal Fiscal Year 2002/2003.
ACTION: Approved.
3.27 RESOLUTION NO. 9642 (ORI800.0.8.1)
A Resolution of the City Council of the City of Orange expressing appreciation to Susan
Secoy of the Design Review Committee for her four years of dedicated service.
ACTION: Approved.
3.28 RESOLUTION NO. 9644 (A2100.0 AGR-4067)
A Resolution of the City Council of the City of Orange approving the emergency award
of a contract for asphalt replacement on a portion of Cleveland Street to Universal
Asphalt Co., Inc. and authorizing a waiver of competitive bidding requirements.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.29 RESOLUTION NO. 9645 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2002-02 adjusting lot lines of certain real property situated at 7710 Portico Terrace,
Lot 66 of Tract 16131, 2412 Highwood Road, Lot 67 of Tract 16131, and 2418
Highwood Road, Lot 68 of Tract 16131, in the City of Orange, County of Orange, State
of California.
Owners:
Centex Homes, A General Partnership
7555 Irvine Center Drive, Suite 100 Irvine, CA
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Slater suggested if a Lot Line Adjustment is routine and not related to
any development, that it be acted on administratively instead of bringing it to Council, as
this may streamline the process.
The Public Works Director reported a recent change in the law now limits Lot Line
Adjustments to no more than four parcels, which could provide an opportunity to
establish a threshold on what can be brought before Council.
The City Manager stated a report will be provided to the Council.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved.
3.30 RESOLUTION NO. 9646 (C2500.M.16.1)
Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL
2002-04 adjusting lot lines of certain real property situated at 1001 E. Lincoln Avenue,
Assessor Parcel Numbers 360-375-4 &12, 360-382-20, in the City of Orange, County of
Orange, State of California.
Owners:
North Orange Christian Church, A California Non Profit Corporation
P.O. Box 3136, Orange, CA
ACTION: Approved.
3.31 RESOLUTION NO. 9647 (H1200.0)
A Resolution of the City Council of the City of Orange designating certain portions of
Laurinda Lane within the City of Orange as a County of Orange Highway for the purpose
of storm drain construction improvements.
Location: Portions of Laurinda Lane from Fairhaven Avenue to 153 ft. north of
centerline ofFairhaven.
ACTION: Approved.
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CITY COUNCIL MINUTES
August 13, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Mayor Murphy abstained on Item 3.7. Item 3.29 was 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 400
5.1 Councilmember Coontz - Emergency Preparedness (C2500.E.6)
Councilmember Coontz reported that in the last month, she has received a number of direct
questions from residents about the City's ability to respond to disasters. Their concerns probably
came about because of the last year's disaster in New York City on September 11th and the
ensuing press reports recently on national news about the President's Homeland Security
program and accelerated activities throughout the nation to deal with possible future disasters.
Her interest in community preparedness dates back long before she became a member of the City
Council. Over time, the City has achieved an excellent record of preparing for major
emergencies, but that information is not readily available to the community.
She requested, with Council support, that the City Manager agendize a briefreport on the City's
readiness to deal with major disaster and homeland security issues. The community needs to
receive basic information and have confidence in the City's ability to handle major disasters.
She stated a report would be helpful to know that everything is being done that needs to be done;
and suggested information be provided on Channel 3 and on the City's website.
The City Manager will provide a report.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 480
6.1 Investment Oversight Committee Fourth Quarter Report for the Quarter ending
June 30, 2002. (ORI800.0.27.16)
SUMMARY: This report summarizes the activity ofthe Investment Oversight Committee.
The City Treasurer provided the report.
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CITY COUNCIL MINUTES
August 13, 2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Received and Filed.
7.
ADMINISTRATIVE REPORTS
TAPE 550
7.1 Report from City Attorney on Pre-Development Agreement between the City of
Orange and Del Rio, LLC (A2100.0 AGR-4069)
SUMMARY: The primary purposes of the agreement are twofold: (1) to establish a framework
of guidelines and procedures for the processing of requested land use entitlements for the
proposed residential project and (2) to obtain City Council input on the project. The agreement
does not limit the City Council's discretion to either approve or deny future requested approvals
for the proposed development. A site plan is attached as an exhibit to the agreement.
The City Attorney reviewed the major provisions ofthe agreement.
Councilmember Cavecche asked if the Park Planning and Development Commission would be
reviewing this project. The Community Development Director stated the specifics of the
proposed park in the development would be reviewed by the Parks Planning and Development
Commission at a later date.
Mr. Frank Elfend, Elfend and Associates, 18101 Von Karman, Irvine, introduced himself as the
Applicant.
Mayor Murphy noted for the record that two letters had been received ill support of the
Agreement from Marilyn Ganahl and Theresa Sears.
Bob Bennyhoff, Orange Park Acres, spoke in support of this Agreement, as it is an opportunity
for everyone to look at the project and think about it.
Council Discussion
TAPE 690
Councilmember Slater stated he likes the amount of proposed park space with this development,
the enviromnental considerations and the proposed traffic circles, and supports the ongoing
communication with the School District. He suggested this be reviewed by the Park Planning
and Development Commission for their input to see if this is on the right track in meeting the
City's park needs. He also expressed concern about the high density in Planning Area 4, which
is approximately 16 acres, as the area is mostly single family units and condominiums.
Councilmember Coontz stated there have been many attempts in the past to develop this
property, but none of them can compare to this one. This has been a difficult planning area and
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CITY COUNCIL MINUTES
August 13, 2002
7. ADMINISTRATIVE REPORTS (Continued)
this pre-development agreement sets out opportunities for the Council, staff and the community
to see the blueprint for this project. There is a mix of residential uses in the area and noted the
specific aspects of the development will come along at a later date. She also noted the
importance of the agreement with the adjoining land owner.
Councilmember Cavecche stated she was excited about the proposed park space, which is far
more than the developer would have been asked to provide, and appreciated the developer's
willingness to give up this space for park purposes. This agreement is setting a standard of what
can be expected of other developers in the future and is a great first step in the process. She did
not have a concern about the proposed density.
Mayor Murphy noted that projects which have community input up front are usually the ones
that turn out the best. This project is setting a standard and is a benchmark of how the City
should proceed in the future. He also noted that the Master Plan of Parks does call out for
development agreements.
The Assistant City Manager stated this is a unique process and provides an opportunity for the
framework of development. He noted the 17 acres of proposed park land in this development
will increase current park acreage for the city, and there is much more open development with
this proposal than other projects which have been proposed in the past for this property.
Mr. Elfend stated they are not proposing any apartments with this project and the higher density
in Planning Area 4 is a trade off in order to provide more parks and greenway.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved Pre-Development Agreement with Del Rio, LLC and authorized Mayor and
City Clerk to execute it.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 1160
9.1 ORDINANCE NO. 10-02 (SECOND READING) (A2500.0 Parks)
An Ordinance of the City Council of the City of Orange amending Sections 2.60.050 and
10.06.040 of the Orange Municipal Code relating to fixing the dates and times for meetings of
the Park Planning and Development Commission and the City Traffic Commission by
Resolution of the City Council.
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CITY COUNCIL MINUTES
August 13, 2002
9. LEGAL AFFAIRS (Continued)
MOTION - Coontz
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved that Ordinance No. 10-02 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 7-02 (FIRST READING) (A2500.0 Water Wells)
An Ordinance of the City Council of the City of Orange deleting Section 13.40.120 of the
Orange Municipal Code pertaining to private water wells.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved that Ordinance No. 7-02 be read by title only and same was set for second reading by the
preceding vote.
9.3 ORDINANCE NO. 11-02 (FIRST READING) (A2500.0 Boards Committees and
Commissions)
An Ordinance of the City Council of the City of Orange amending certain provisions of the
Orange Municipal Code relating to the Administration of City Boards, Commissions and
Committees.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved that Ordinance No. 11-02 be read by title only and same was set for second reading by
the preceding vote.
9.4 RESOLUTION NO. 9643 (A2500.0 Boards Committees and Commissions)
A Resolution of the City Council of the City of Orange fixing the days and times for meetings of
the Design Review Committee.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to approve Resolution No. 9643.
PAGE 15
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CITY COUNCIL MINUTES
August 13, 2002
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:15 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case)
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 1260
Mr. Rick Cryder, address on file, stated he has resigned from the Orange Dog Park Association,
but the $27,000 which has been raised for a dog park at Yorba Park is still available; and asked
the Council to take on a vote on the dog park before the November 2002 election. He also
expressed regrets for Councilmember Slater leaving the Council after this term.
13.
PUBLIC HEARINGS
TAPE 1350
13.1 CONDITIONAL USE PERMIT 2414-02 - SHARON AND JIM BROWN:
(C3300.0 CUP 2414-02)
Time set for public hearing to consider a request for a conditional use permit to allow the
construction of an accessory second housing unit in the RI-20 (Single Family Residential)
District, upon property located at 5122 E. Glen Albyn Lane.
Note: This project is categorically exempt from the provisions of the California Enviromnental
Quality Act per State CEQA Guidelines Section 15303 (Class 3 - New Construction or
Conversion of Small Structures).
The Community Development Director provided a brief report on the proposal, stating that it
does meet all City standards.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
The Council noted this is a very diverse neighborhood and the proposed accessory unit fits in
well with the neighborhood.
PAGE 16
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
August 13, 2002
Find that this project is categorically exempt from the provisions of the California Enviromnental
Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Approved Conditional Use Permit 2414-02, subject to the conditions of approval contained in
Planning Commission Resolution No. PC-23-02.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
The City Council adjourned at 7:10 p.m.
~-I~A~~~ "'-?a-
CASSAl\j'DRA J C T T, CMC
CITY CLERK
1fdf;,1/;jf
MAYOR
PAGE 17
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