11/12/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON DECEMBER 10, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING Noyember 12,2002
The City Council of the City of Orange, California conyened on November 12, 2002 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Ayenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Giyen by Pastor Torn Copple, Spirit and Truth Worship Center
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Staff Sergeant Gloria Salce from Orange Hi~h School Marines JROTC in honor
of the Marine Corps 227th birthday on Noyember 10' .
1.3 ROLL CALL
PRESENT - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
ABSENT - None Note: Mayor Murphy left the Council meeting at 7:30 p.m. due to a
business trip.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor's Achievement Award was presented to Police Corporal Mike Streed for his
expertise in forensic artistry, which assisted with the Samantha Runnion police
investigation.
Keith Regan, Executiye Director, Orange Senior Center, submitted the Annual Audit of
the Orange Senior Center; and proyided an update on services proyided by the Senior
Center.
Proclamation, honoring National Children's Book Week, Noyember 18-24, 2002, was
presented to Mike Learakos, President of the City of Orange Public Library Foundation.
Mr. Learakos stated a Book Fair will be held Sunday, November 24'h at Barnes and
Noble Book Store in Orange to help raise money for a new expanded Main Library.
2.
PUBLIC COMMENTS
TAPE 685
Eddie Grijalva, 8467 Peony Circle, Buena Park, asked that McPherson Street behind
Grijalya Park be cleaned up and submitted pictures of problems which have become
eyesores.
The City Manager's Office was directed to look into this.
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CITY COUNCIL MINUTES
Noyember 12, 2002
2. PUBLIC COMMENTS (Continued)
Councilmember Slater requested a letter be sent to the apartment complex on Prospect
Street near Grijalva Park asking them to take down the barbed wire fence along the back
ofthe apartment complex as it presents a bad image.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remoye an
item from the Consent Calendar, all items remoyed 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 Noyember 12, 2002 at Orange Ciyic 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 October 17, 24, 31, 2002.
ACTION:
Approyed.
3.3 Request approval of City Council Minutes, Regular Meeting, October 22, 2002.
ACTION:
item.
Approyed. Note: Councilmember Coontz and Slater abstained on this
3.4 Consideration to waiye reading in full of all ordinances on the Agenda.
ACTION:
Approyed.
AGREEMENTS
3.5 Amendment No. 2 to Master Plan of Sewers Agreement (Contract No. 0011)
between the City of Orange and the Orange County Sanitation District (OCSD)
Cooperatiye Projects Program. (A2100.0 AGR-3675.2)
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CITY COUNCIL MINUTES
November 12, 2002
3. CONSENT CALENDAR (Continued)
SUMMARY: The amendment extends the term of the original contract for an additional
six (6) months in order to allow the City to satisfy all terms and conditions of the original
contract.
ACTION: Approyed Amendment No.2 to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendments on behalf of the City.
FISCAL IMP ACT: No fiscal impact. Funds have been previously appropriated for the
projects.
3.6 No. 0012) between the City of Orange and the Orange County Sanitation District
(OCSD) Cooperatiye Projects Program. (A2100.0 AGR-3676.2)
SUMMARY: The amendment extends the term of the original contract for an additional
six (6) months in order to allow the City to satisfy all terms and conditions of the original
contract.
ACTION: Approyed Amendment No.2 to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendments on behalf of the City.
FISCAL IMP ACT: No fiscal impact. Funds haye been preyiously appropriated for the
projects.
ALLOCATIONS
3.7 Assembly Bill (AB) 3229 grant money for funding of Police support personnel
(C2500.K)
SUMMARY: AB 3229 makes funds ayailable under the FY 2002 Citizen's Option for
Public Safety (COPS) Program in the Goyernor's budget. The City of Orange was
awarded $264,056.70 and proposes to continue funding the ciyilian police support
positions using FY 2002 AB 3229 COPS Program Funds. These positions enhance the
Police Department's ability to place sworn Police Officers in the field.
ACTION: Allocated $264,056.70 FY 2002 COPS grant award to continue funding four
(4) full-time and two (2) part-time ciyilian positions through June 30, 2004.
FISCAL IMP ACT: The City of Orange was awarded $264,056.70 through the FY 2002
COPS grant program. These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6)
positions. This award will support the allocation plan and the approval does not require a
budget adjustment.
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CITY COUNCIL MINUTES
Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
3.8 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Edgar Bravo through his guardian Araceli Bravo
b. Tina Louise McRae
c. Sheila Fee
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Final Acceptance of Bid 012-43; SP-3362 Belmont Park and SP-3393 El Modena
Park Upgrades and authorization to file Notice of Completion with the County
Recorder (No staffreport required). (A2100.0 AGR-4004)
SUMMARY: Bid 012-43; SP-3362; Belmont Park and SP-3393 EI Modena Park
Contractor: TK Engineering Company. Staff recommends acceptance ofimproyements.
ACTION: Accepted public work improvement, authorized release of Fidelity and
Guaranty Insurance Company of Iowa. Bond No. FC900100195 in the amount of
$305,290.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
3.10 Final Acceptance of Bid 012-46; SP-3332 Newport Boulevard Rehabilitation
between Canyon View Ayenue and White Oak Ridge and authorization to file
Notice of Completion with the County Recorder (No staff report required).
(A2100.0 AGR-4047)
SUMMARY: Bid 012-46; SP-3332; Newport Boulevard Rehabilitation between Canyon
View Avenue and White Oak Ridge. Contractor: R.I. Noble Company. Staff
recommends acceptance ofimproyements.
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company. Bond No. 83 SB 013851075 BCM, in the amount of $148,726.00,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.11 Final Acceptance of Bid 012-17; SP-3375 Taft Branch Library Remodel and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 AGR-3913)
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CITY COUNCIL MINUTES
November 12,2002
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid 012-17; SP-3375; Taft Branch Library Remodel. Contractor: Klassic
Engineering and Construction, Inc. Staffrecommends acceptance of improvements.
ACTION: Accepted public work improyement, authorized release of Deyelopers Surety
and Indemnity Company of Iowa. Bond No. 832089P in the amount of $720,000.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.12 Final Acceptance of Bid 012-45; SP-3331-Chapman Ayenue Rehabilitation, between
Lewis Street and Manchester Ayenue and authorization to file Notice of Completion
with the County Recorder (No staff report required). (A2100.0 AGR-4046)
SUMMARY: Bid 012-45; SP-3331; Chapman Avenue Rehabilitation between Lewis
Street and Manchester Ayenue. Contractor: RJ. Noble Company. Staff recommends
acceptance of improyements.
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of Connecticut. Bond No. 103851074 in the amount of
$242,409.30, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
3.13 Award of Contracts - Bid No. 023-09; (I) Project No. SP-3390, AHRP Project -
Hewes Street Rehabilitation from Marmon Avenue to Chapman Ayenue; (2) Project
No. SP-3391, Prospect Street Rehabilitation from La Veta Ayenue to Chapman
Ayenue; (3) and SP-3392 - Yorba Street Rehabilitation from Palmyra Ayenue to
Chapman Ayenue. (A2IOO.0 AGR-4166)
SUMMARY: The bids were opened on October 17,2002. Seven (7) bidders responded
to the invitation for bids. The apparent low bidder is R. J. Noble Company of Orange for
$671,458.41 for the total of the three projects. The Engineer's Estimate is $812,175.00.
ACTION: I)Awarded a contract in the amount of $221,660.42 to R. J. Noble Company,
15505 E. Lincoln Ayenue, Orange, CA 92865 for Hewes Street Rehabilitation from
Mannon Avenue to Chapman Avenue (SP-3390), and authorized the Mayor and City
Clerk to execute on behalf of the City. 2) Awarded a contract in the amount of
$287,858.94 to R. J. Noble Company, 15505 E. Lincoln Avenue, Orange, CA 92865 for
Prospect Street Rehabilitation from La Veta Avenue to Chapman Ayenue (SP-3391), and
authorized the Mayor and City Clerk to execute on behalf of the City. 3) Awarded a
contract in the amount of $161,939.05 to R. J. Noble Company, 15505 E. Lincoln
Avenue, Orange, CA 92865 for Yorba Street Rehabilitation from Palmyra Avenue to
Chapman Avenue (SP-3392), and 4) authorized the Mayor and City Clerk to execute on
behalf of the City.
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CITY COUNCIL MINUTES
Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted and are ayailable in the Capital Improyement
Program in the following accounts:
1) Hewes Street Rehabilitation from Marmon Ayenue to Chapman Avenue (SP-3390)
550-5011-483300-3423 $113,802 AHRP
500-5011-483300-3423 $159.706 Capital Projects
Total $273,508
2) Prospect Street Rehabilitation from La Veta Avenue to Chapman Avenue (SP-3391)
550-5011-483300-4029 $181,955 AHRP
500-5011-483300-4029 $259.560 Capital Projects
Total $441,515
3) Yorba Street Rehabilitation from Palmyra Ayenue to Chapman Avenue (SP-3392)
550-5011-483300-3908 $ 88,133 AHRP
500-5011-483300-3908 $123.608 Capital Projects
Total $211,741
Total $926,764
FACILITIES
3.14 Request to open and use the Main Library and its parking lot on Sunday afternoon,
December 8, 2002, for an invitation-only reception prior to the City's Tree Lighting
Ceremony. (C2500.I)
SUMMARY: The City of Orange Public Library Foundation, Inc. (Library Foundation)
seeks City Council authorization to open and use the Main Library and its parking lot
from 4:00 to 5:30 p.m. Sunday, December 8, 2002. This would be for an invitation-only
reception prior to the City's Tree Lighting Ceremony, to thank Library Foundation
donors and supporters and to promote the Library Foundation's Main Library Expansion
Campaign.
ACTION: Approved request and allowed Library Foundation use of the Main Library
and its parking lot from 4:00 to 5:30 p.m. Sunday, December 8, 2002, for an invitation-
only reception.
FISCAL IMPACT: The cost of 1.5 hours' electrical power usage at the Main Library is
the only direct fiscal impact involyed. Indirectly, a few staff members - e.g., the Library
Director and Senior Librarians - will adjust their work schedules so they can be present
that afternoon; no oyertime will be charged. No library supplies are inyolved.
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CITY COUNCIL MINUTES
Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
FUND TRANSFER
3.15 Fund transfer to purchase report file label maker for Police Records Bureau
(C2500.K)
SUMMARY: The label maker currently used by the Records Bureau for all police reports
is over 15 years old and can no longer be repaired. Staff would like to purchase a new
machine from Document Control Solutions in an amount not to exceed $5,259.
ACTION: Transferred $5,259 from 356-4011-481200-2313 (Police Locker Room CIP) to
account number 356-4013-471301 (Records-Equipment) to purchase a label maker.
FISCAL IMP ACT: After the transfer, sufficient funds will be ayailable in account 356-
4013-471301.
GRANTS
3.16 Arterial Highway Rehabilitation Program (AHRP) grant awarded to the City of Orange
(H1200.A.1)
SUMMARY: Amend 2002-2003 Capital Improyement Program Budget to include
AHRP Grant projects awarded on September 9, 2002, to the City of Orange by the
Orange County Transportation Authority, and allocate funding.
ACTION: Approve the addition of four arterial highway rehabilitation projects to the
City of Orange 2002-2003 Capitallmproyement Program Budget as follows:
I) Appropriated the following from Fund 272 (Gas Tax 2105) unappropriated reserves to:
272-5011-483300-3224 $122,960 Glassell Street Phase I Rehab-Walnut Ave. to Mayfair
272-5011-483300-3211 $ 89,269 Chapman Rehab AHRP 02-03-Loretta Dr. to Hewes St.
272-5011-483300-3223 $144,846 Garden Grove Blvd.-230 ft. e/o City Dr. to Park Vine St.
272-5011-483300-3212 $ 99.189 The City Drive Rehab-Garden Grove to s/o SR-22 Fwy.
$456,264
2) Appropriated the following from Fund 262 (Traffic Improvement, Measure M)
unappropriated reserves to:
262-5011-483300-3224 $212,228 Glassell Street Phase I Rehab-Walnut Ave. to Mayfair
262-5011-483300-3223 $144,846 Garden Grove Blvd.-230 ft. e/o City Dr. to Park Vine St.
262-5011-483300-3212 $ 99.190 The City Drive Rehab-Garden Grove to s/o SR-22 Fwy.
$456,264
3) Amended the revenue budget to reflect the expected receipt of$I,382,500 from OCTA
into 550-5011-264900 and appropriated the following to Fund 550 (Reimbursable Capital
Projects):
550-5011-483300-3224
550-5011-483300-3211
550-5011-483300-3223
550-5011-483300-3212
$279,324
$696,450
$241,410
$165,316
$1,382,500
Glassell Street Phase 1 Rehab-Walnut Ave. to Mayfair
Chapman Rehab AHRP 02-03-Loretta Dr. to Hewes St.
Garden Grove Blvd.-230 ft. e/o City Dr. to Park Vine St.
The City Drive Rehab-Garden Grove to s/o SR-22 Fwy.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
Noyember 12, 2002
4) Authorized the transfer of $739,331.00 from Account No. 272-5011-483300-3112
(Arterial Street Maintenance) to Account No. 272-5011-483300-3211 (Chapman Rehab.
AHRP 02-03).
FISCAL IMP ACT: Upon completion ofrecommended appropriations and transfers funds
shall be available in the following accounts:
272-5011-483300-3224
262-5011-483300-3224
550-5011-483300-3224
272-5011-483300-3211
550-5011-483300-3211
272-5011-483300-3223
262-5011-483300-3223
550-5011-483300-3223
272-5011-483300-3212
262-5011-483300-3212
550-5011-483300-3212
$122,960.00
$212,228.00
$279,324.00
$828,600.00
$696,450.00
$144,846.00
$144,846.00
$24 I ,410.00
$ 99,189.00
$ 99,190.00
$165,316.00
$3,034,359.00
(Gas Tax 2105)
(Measure M Turnback)
(OCTA)
(Gas Tax 2105)
(OCTA)
(Gas Tax 2105)
(Measure M Turnback)
(OCTA)
(Gas Tax 2105)
(Measure M Turnback)
(OCTA)
3.17 Authorization to appropriate $27,500 in federal matching grant funds for the
Historic Orange Preseryation Online local history project and to amend the City's
revenue budget accordingly. (C2500.I)
SUMMARY: Orange Public Library has been awarded the final $27,500 in federal
Library Services and Technology Act matching grant funds for Historic Orange
Preservation Online (HOPO). The grant will expand Orange Public Library's Local
History website online to provide public access to information and images of the
agricultural industry in Orange, the City's inventory of the 1,237 historic homes and
businesses in the Old Towne Orange Historic District, and Eichler homes in Orange. The
Council accepted and allocated the initial $21,500 of this grant money at its October 22,
2002, meeting. City Council authorization is needed to appropriate the remaining
$27,500 and to amend the reyenue budget accordingly.
ACTIONS: (1) Amended revenue budget to add $27,500 from Historic Orange
Preservation Online grant funds (to Account No. 100-2011-261500-9930); and (2)
Appropriated $27,500 in Historic Orange Preservation Online grant funds as follows:
$12,600 to 100-2011-426700-9930 (Other Prof & Contractual Services)
$ 5,900 to 100-2011-441101-9930 (General Office Supplies)
$ 9,000 to 100-2011-449100-9930 (Minor Office Equipment)
FISCAL IMPACT: The City initially received $21,500 in federal Library Services and
Technology Act (LSTA) matching funds, administered by the California State Library, to
begin this project. The Library has now received approval for release of the remaining
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CITY COUNCIL MINUTES
November 12, 2002
3. CONSENT CALENDAR (Continued)
$27,500. The total grant application - a $73,865 yalue requiring 1/3 local match -
includes $17,865 of in-kind contributions from our Library, e.g., the estimated yalue of
Library staff time. Because this project is one of the Main Library's major workplan
objectives for FY 02-03, that staff time has been planned in existing workloads. The
$4,500 previously accepted and allocated on October 22, 2002, for appropriation partially
offsets that $17,865.
PURCHASES
3.18 Purchase of Police Department uniforms and accessories from Carmen's Uniforms,
Inc. through a cooperatiye purchasing agreement. (C2500.K)
SUMMARY: This is a request that the City Council authorize purchase of uniforms and
accessories from Carmen's Uniforms, Inc. through a cooperative purchasing agreement in
the amount of $40,000.
ACTION: Authorized purchase of Police Department uniforms from Carmen's Uniforms,
Inc. in the amount of $40,000.
FISCAL IMP ACT: Sufficient funds in the amount of $40,000 are budgeted and available
in Acct No. 100-4011-441300, Uniforms and Clothing.
3.19 Purchase one (1) Toro 580-D Groundmaster Mower. (C2500.M.4)
SUMMARY: Purchase one (1) Toro 580-0 Mower from Turf Star under a GSA
agreement #GS-00F-0087M to replace current unit number 740, a 1988 mower, in the
Community Services Department.
ACTION: I) Authorized purchase of a Toro 580-0 Mower from Turf Star Inc. in the
amount of $62,861.46, pursuant to GSA Agreement No. GS-00F-0087M, and 2)
Authorized the City Manager to declare the replaced mower surplus and dispose of the
equipment at an auction.
FISCAL IMPACT: There are sufficient funds in account No. 720-5023-472102 Motor
Vehicle Replacement.
3.20 Purchase of a Financial System Unix Seryer Replacement through a cooperatiye
purchasing agreement. (C2500.J.2)
Note: Mayor Murphy abstained on this item due to an employment conflict.
SUMMARY: Approye purchase under CMAS (California Multiple Award Schedule)
Contract No. 3-94-70-0011 in the amount of $59,500 from Systems Technologies
Associates for the replacement of the Financial System file server.
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CITY COUNCIL MINUTES
Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the purchase of the file server equipment and installation in the
amount of$59,500 from Systems Technologies Associates.
FISCAL IMPACT: Sufficient funds in the amount of $59,500 are budgeted in Account
No. 790-1601-481303-9640 (MIS- Computer Replacement)
RESOLUTIONS
3.21 RESOLUTION NO. 9663 (C2500.M.4)
A Resolution of the City Council of the City of Orange authorizing the application for
grant funds pursuant to the Per Capita Grant Program under the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for certain
eligible projects within the City of Orange.
ACTION: Approved.
3.22 RESOLUTION NO. 9675 (C2500.M.4.9)
A Resolution of the City Council of the City of Orange authorizing an application for
block grant funds for the rehabilitation of certain improvements at Hart Park from the
Roberti-Z'berg-Harris Urban Open Space and Recreation Grant Program under the Safe
Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of2000.
ACTION: Approyed.
3.23 RESOLUTION NO. 9671 (C2500.J.5.4)
A Resolution of the City Council of the City of Orange authorizing the destruction of
certain city records as provided by Section 34090 of the Goyernment Code of the State of
California.
ACTION: Approved.
3.24 RESOLUTION NO. 9672 (C2500.J.4)
A Resolution of the City Council of the City of Orange regarding the 2002 Christmas
Holiday Closure.
ACTION: Approyed.
(REMOVED AND HEARD SEPARATELY)
3.25 RESOLUTION NO. 9673 (C2500.E)
A Resolution of the City Council of the City of Orange authorizing the City Manager to
accept certain donations on behalf of the City.
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CITY COUNCIL MINUTES
Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
Councilmember Cayecche asked this item be continued for further study.
MOTION - Cavecche
SECOND - Alyarez
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cavecche
ACTION: Continued to Noyember 26,2002 Council meeting.
3.26 RESOLUTION NO. 9674 (C2500.M.16.1 LLN 2002-09)
A Resolution of the City Council of the City of Orange approying Lot Line Adjustment
LL 2002-09 adjusting lot lines of certain real property situated at 461 and 462 N. Carlisle
Place in the City of Orange, County of Orange, State of California.
Owners: George Adams and Brent Sepulyeda.
ACTION: Approved.
3.27 RESOLUTION NO. 9678 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing sections of
Glassell Street and Chapman Ayenue immediately abutting the Plaza area of the
downtown business district for an approved special event.
December 8, 2002 - Tree Lighting Ceremony
ACTION: Approved.
3.28 RESOLUTION NO. 9679 (S4000.S.3.IO)
A Resolution of the City Council of the City of Orange changing the title and description
of Capital1mproyement Project No. 6456, (Street Lights: Conversion to City Owned) to
Installation of Safety Lighting.
ACTION: Approyed.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche
Councilmember Coontz and Councilmember Slater abstained on Item 3.3.
Murphy abstained on Item 3.20. Item 3.25 was removed and heard separately.
items on the Consent Calendar were approved as recommended.
Mayor
All other
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
Noyember 12, 2002
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 840
5.1 Mayor Murphy and Councilmember Slater - Direct the Park Planning and
Deyelopment Commission to proyide a recommendation on opening of a dog park on a
temporary basis at Yorba Park.
Councilmember Slater stated it was not his intent to direct the Park Planning and Development
Commission to approye the opening of a dog park and to subvert any process with regard to the
environmental report or public comments. The Park Commission has been asked to look at
Y orba Park in is entirety, but preliminary estimates for development of that park are
approximately $1.8 million, and those funds are not ayailable at this time. Currently, the park is
not being used at all, and before the Park Commission meets on December 12th, he would like to
ask the Commission to look at opening a dog park on a temporary basis so there can be some
utilization of the park in the interim. This is to be done in consideration of the enyironmental
process and with public comments. The Commission will also look at other temporary uses and
come back to the Council with a recommendation.
Mayor Murphy noted the dog park debate seems to come down to pro-location and anti-location,
and would like to ask the Park Planning and Development Commission to look at interim uses or
the potential for doing something more quickly than what it would take to do a multi-million
dollar project. A dog park needs to be carefully examined, but the Commission needs to look at
all possible interim uses, such as picnic space and fields. He did not want to see a project be
recommended in its entirety and then be sent back and forth between the Commission and the
Council because of a lack of funding, but would rather give the Park Commission all the tools
ayailable to develop even a portion of the park.
Councilmember Coontz expressed concern that promises were made to the Dog Park
Association, and if promises were made, the City needs to at least look at the feasibility of a dog
park. She agreed with the suggestion of a temporary use as she did not want to see Yorba Park
sit yacant for a long time. She commended the Park Planning and Development Commission for
the work they do and agreed the Commission should perhaps look at the park in a different way.
Mayor pro tern Alvarez stated it was his recollection the Council never made a definite
commitment that a dog park would be at Y orba Park; and he did not feel the Council should
comment on the site until the environmental documentation has been completed and been made
ayailable for reyiew. He also stated the City does not haye the discretionary funds to proceed
with any park at this location at this time.
Public Comments
TAPE 1330
Mary Dargatz, 2534 E. Burly, stated that directing the Park Planning and Deyelopment
Commission to look at even a temporary use is an action and should not be done before the
environmental documentation is complete; and expressed concern that a temporary use will
become a permanent use. She submitted her written comments for the record.
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CITY COUNCIL MINUTES
Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Jerry Carroll, 354 S. Tracy Lane, stated this action seems to be a way of circumyenting the
process; noting the public has always been told that no action would be taken until the process
was complete, and asked for no action until the environmental document is released.
Suzanne Counts, 247 S. Rosalind Driye, expressed concern about funding for the park. She
stated the nearby residents received notices about the December Ith Park Commission meeting,
and any action at this time would be circumyenting that process.
Roger Bonzer, 2548 E. Burly, asked the Council to wait for the enyironmental document to be
released and asked if a temporary use would have an end time and if this was the only location
being considered for a temporary use.
Thomas More, 209 Calle Aha, stated development of the entire park may neyer come about
because of the lack of funding, and applauded the Council for doing something rather than
nothing.
Jerry Rickrneyer, 2535 E. Burly, stated once a temporary use is in place, it will be difficult to
take it away, and did not like the idea ofa single use for such a large piece of property.
Rick Cryder, 307 S. Wrightwood, stated the park has been closed since August 1998 and would
like to see it reopened; and it is a good idea to use private dollars to help with a public park.
Council Comments
Councilmember Coontz noted the enyironmental documents would be released Friday,
November 15th and the Park Planning and Deyeloprnent Commission meets on December 12th.
Mayor Murphy noted a temporary use would just be an additional option for the Park
Commission to consider rather than an all or nothing plan, and it is not the Council's intent to
ignore or circumyent the process. He clarified the wording on the Agenda so as not to raise
concerns of this being a single item issue, as much as it is a process issue, to make sure the Park
Commission is equipped with everything they need to move forward.
The City Attorney addressed concerns about the process. He stated all that is being considered
right now is for the Park Planning and Development Commission to take a look at the park and
include in their recommendations whether or not an interim use would be appropriate, noting that
any proposed mitigation measures in the enyironmental document would be implemented eyen
for a temporary use. He cited the similarities between this and Grijalva Park which was done in
phases because of a lack of funding.
In response to questions by Councilmember Cavecche, the City Attorney further stated the Park
Planning and Development Commission could recommend interim uses on their own, but if the
Council asks the Commission to consider those uses, then the Commission is directed to respond
to the Council.
PAGE 13
CITY COUNCIL MINUTES
Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz noted there have been interim uses on other park sites in the past; and
emphasized that the process is in place. She suggested the Park Commission look at interim uses
and maybe none of the items discussed will be recommended if they are not supported by the
enyironmental documents, and there will be plenty of time to respond to the environmental
documents.
Mayor pro tern Alvarez stated that more appropriate wording for the Agenda should have been to
direct the Park Planning and Deyelopment Commission to look at individual uses that are being
proposed for Yorba Park; and then direct that the ErR, which is coming forward, be sent to the
Commission first so they can look at the uses and the EIR and apply the information from that
document.
Councilmember Coontz asked for clarification on the EIR as it was her understanding that the
EIR addresses yarious uses for Y orba Park and how they would affect the surrounding area.
Howeyer, other issues such as the school, YMCA and traffic are separate issues.
The Community Deyelopment Director stated what is being prepared is an environmental
assessment and a draft mitigated negative declaration. In terms of adjoining uses, while the
environmental document does not haye to fully consider them, and the City does not have to
mitigate them, the document does discuss the adjoining uses and the impact they have on the
existing park site; and makes some suggestions as to whether or not the school district is fully
handling their traffic. It is not part of the park project to mitigate for that surrounding use.
Councilmember Slater clarified that he does not want to propose anything that the City does not
haye the money for; rather to consider temporary uses and not specifically what those temporary
uses should be.
Councilmember Cayecche expressed concern that a vote against this item would be perceiyed as
a vote against the dog park, which is not true in her case. Howeyer, it is important to note that it
is being perceiyed that the Council is getting involved in a process just a few weeks before they
should. She understands the point in directing the Park Commission to consider temporary uses,
but belieyes the Park Commission should look at this project and trusts they will come forward
with possible uses after looking at the environmental documents.
For the record, Councilmernber Cavecche is yery supportiye of a dog park in the City of Orange
and has spent the last 18 months with the Edison Company and with the Water District,
desperately trying to get a dog park opened. However, she could not support this at this time.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alyarez, Mayor Murphy, Coontz
NOES - Cayecche
PAGE 14
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CITY COUNCIL MINUTES
Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to direct the Park Planning and DeYelopment Commission, upon a thorough reyiew ofthe
environmental documentation and upon thorough public input, to proyide a recommendation on
not just the entire master plan of Y orba Park, as they are currently planning to do, but also
consider potential temporary uses at Y orba Park.
NON-AGENDA ITEM
Councilmember Coontz and Slater thanked all those inyolved with the Noyember II th Veterans
Day celebration and Council agreed this be calendared as an annual event.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
8.1 Presentation of the Fourth Quarter 2001-2002 Budget Report for the period July I,
2001 through June 30, 2002. (C2500.EA)
SUMMARY: This Fourth Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress toward the achieyement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
The Assistant City Manager provided a brief report.
The Council stated the City is being run in an efficient manner and appreciated the hard work by
all the departments.
MOTION - Murphy
SECOND - Alyarez
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
ACTION: Received and filed the Fourth Quarter 2001-2002 Budget Report.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO 13-02 (FIRST READING) (A2500.0 Campaign Contributions)
An Ordinance of the City Council of the City of Orange amending Section 2.10.020 and
Rescinding Section 2.1O.050C of the Orange Municipal Code pertaining to Campaign
Contribution Limitations.
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CITY COUNCIL MINUTES
Noyember 12, 2002
9. LEGAL AFFAIRS (Continued)
MOTION - Slater
SECOND - Cayecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche
Moved, with regrets and under protest, that Ordinance No. 13-02 be read by title only and same
was set for second reading by the preceding yote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 10 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel ~ Significant exposure to litigation pursuant to Goyemment
Code Section 54956.9(b). One potential case, Orange Unified School District redeyelopment tax
claim.
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 - None.
13. PUBLIC HEARINGS TAPE 2900
13.1 ORDINANCE NO. 14-02 - EXTERIOR PAY TELEPHONE FACILITIES
(A2500.0 Telephones, Public)
Time set for public hearing to consider adoption of Ordinance No. 14-02 (first reading), adding
Chapter 5.81, Exterior Pay Telephone Facilities, to the Orange Municipal Code to establish
placement, maintenance and operational standards for exterior pay telephones.
This project is categorically exempt from the provisions of the California Enyironmental Quality
Act per State CEQA Guidelines Section 15305.
The Community Deyelopment Director proyided a summary of the report, noting there are no
controls currently for the installation of pay telephones, either for placement or for the collection
of reyenue. The pay phone industry has reyiewed this Ordinance and there will be a two year
amortization period for conformance to this Ordinance.
PAGE 16
CITY COUNCIL MINUTES
November 12, 2002
13. PUBLIC HEARINGS (Continued)
Council Ouestions
Mayor pro tem Alyarez asked if there was an inyentory of phones which do not meet these new
regulations, if notices were sent out, and if there is any standardization of what types of phones
will be approyed.
The Community Development Director stated individual notices did not go out, but staff did
meet with representatives from pay phone proyiders and with Pac Bell. Staff did a cursory
reyiew of pay phones throughout the City and many will probably not meet the criteria. Major
providers will be sent a letter with the new regulations. This Ordinance does not fully dictate the
design of pay phones or require compliance with Old Towne standards, but deals more with
safety features and in making sure they are not nuisances.
Councilmember Slater stated that seyeral years ago he saw pay phones being installed
everywhere with no regulations in place; and complimented staff for their efforts in putting this
Ordinance together. He asked about placement of phones on public and private property.
The Community Deyeloprnent Director stated a pay phone can not be located within front
setback areas or required landscaped areas, and can not be located in such a manner so that
people waiting to use it would cause a nuisance by spilling onto a public right-of-way.
Councilmember Coontz stated safety is the main issue and suggested the City needs to also
adhere to these regulations with City pay phones.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche
Find the Ordinance categorically exempt from the proyisions of the California Enyironmental
Quality Act per State CEQA Guidelines Section 15305.
ORDINANCE NO. 14-02 (FIRST READING)
An Ordinance of the City Council of the City of Orange adding Chapter 5.81 to the Orange
Municipal Code establishing regulations for exterior pay telephone facilities.
MOTION - Slater
SECOND - Alyarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 17
CITY COUNCIL MINUTES
Noyember 12, 2002
13. PUBLIC HEARINGS (Continued)
Moved that Ordinance No. 14-02 be read by title only and same was set for second reading by
the preceding vote.
TAPE 3250
13.2 GENERAL PLAN AMENDMENT 2002-01, ZONE CHANGE 1213-02,
CONDITIONAL USE PERMIT 2413-02, VARIANCE 2109-02, MAJOR SITE PLAN
REVIEW 227-02, MITIGATED NEGATIVE DECLARATION 1695-02 TRICO REALTY
(e2S00.E. GPA 2002-01)
Time set for public hearing to allow development of a 97,360 sq. ft. medical office building and
the relocation of a residential structure on a 2.25 acre site addressed as 411 to 421 S. Batayia and
802 W. Culver Ayenue within the Old Towne Historic District.
General Plan Amendment 2002-01 to change the land use designation from low medium
residential to office professional on Batavia Street.
Zone Change No. 1213-02 to change the zoning from R3 (multi-family residential) and R2
(duplex residential) to OP (Office Professional) on Batavia Street.
Conditional Use Permit No. 2413-02 to allow a two story building height of 32 feet for the new
medical office building in the Old Towne District;
Variance No. 2109-02 to reduce the required perimeter landscaping by two feet from the
required eight feet to six feet and to waiye the required 60 feet of loading area for the medical
office proj ect.
Major Site Plan Review 227-02 to approve the project Master Plan and relocate a historic
structure from Batayia Street to Culver Ayenue.
Mitigated Negative Declaration 1695-02 has been prepared for this project in accordance with
the proyisions of the California Enyironmental Quality Act per State CEQA Guidelines Section
15070 et. seq.
The Community Deyelopment Director reyiewed the site plan, elevations and the General Plan
and zoning designations.
Council Ouestions
TAPE 3445
Councilmember Cayecche asked about the coating on the tilt up building, and screening the
mechanical equipment on the roof to make sure the maximum height of the equipment is no
taller than the minimum height of the parapet.
The Community Deyelopment Director stated the Planning Commission recommended that the
particulars of the coating treatment go back to the Design Reyiew Committee for final approyal.
The plans also indicate that the equipment is below the height of the parapet, but suggested the
applicant could stipulate to that.
PAGE 18
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CITY COUNCIL MINUTES
November 12, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how this building relates to other medical buildings in the area;
and stressed the importance of proyiding breaks in the perimeter landscaping for pedestrian
access from one building to another with clear directions to the medical offices. She also asked
about the fayade at the entrance to the buildings.
The Community Development Director stated the fayade at the entrance pops out approximately
two to four feet and it did go through the Design Review Committee; and suggested the applicant
address the issue of pedestrian access.
Mayor pro tern Alyarez asked about the variance for landscaping reduction and if it would set a
precedence for the landscaping on the property to the north.
The Community Development Director stated the Variance should not set a precedence for the
lot to the north. The subject site does have additional trees and landscaping in front and the
yariance takes into account the parking requirements.
Applicant
TAPE 3750
Mike Harrison, Applicant, 201 Paularino, Costa Mesa, submitted samples of the texture coating
for the building. He stated the tilt up construction provides a good quality and will be built in a
way that is consistent with the Spanish Colonial Reyiyal architecture. The architectural features
of the building will also be appropriate for Old Towne.
For screening the equipment, the parapet height on the building will be aboye the top level of the
air conditioning equipment. This is accomplished by sloping the roof down towards the center of
the building in a few locations in order to proyide that screening element, which ayoids having to
add extra screening which would not be as compatible with the Old Towne design.
With regard to access, the building is fairly distinctive which will help with identification There
will be no fence between this project and the Batayia Woods development to the south and east.
They will offer some opportunities for pedestrian access, but it is not a formal part of the plan.
The Applicant is not anticipating an additional landscape variance for the lot to the north, and
they intend to use that lot for an expansion of the Ronald McDonald House.
Also, the house that is being moyed will be sold for residential purposes.
Council Comments
Councilmember Coontz stressed the importance of pedestrian access and asked if the applicant
would be willing to add reciprocal pedestrian access between his project and the adjacent
buildings.
Mr. Harrison stated he was not sure how to do this in a formal way.
PAGE 19
T
CITY COUNCIL MINUTES
Noyember 12,2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director stated there are no walls surrounding the property, just
landscaping. She suggested a condition that the applicant try to obtain something from the
adjacent property owners as to whether they are agreeable to a pedestrian access, but if the
adj acent owners are not, the question then arises if this proj ect should be held up for that reason.
Mr. Harrison stated they can put the appropriate access up to their property line.
Mayor pro tern Alvarez asked about the texture coating, expressing concern about a stucco
texture in Old Towne, which looks more like a tract house stucco and not something that
conforms to Old Towne design guidelines. He asked if there are guidelines for the use of stucco.
Mr. Harrison reiterated this coating is subject to going back to the Design Review Committee for
final approval. Previous discussions with the Design Review Committee were that the
Committee did not want a smooth appearance of concrete, and yet they also did not feel it
necessary to impose a plaster surface.
The Community Development Director stated the Design Reyiew Committee has not yet seen
the texture coating samples submitted by the applicant; and the Planning Commission
recommended there be some texturing of the building and the details of that go back to the
Design Reyiew Committee. The Design Reyiew Committee is familiar with what this type of
building should look like and will be looking for samples of materials to meet those standards.
Note: Mayor Murphy left the meeting at 7:35 p.m. to attend a business meeting out of State.
For the record, Mayor pro tern Alvarez asked the Design Review Committee to come up with an
idea, looking at historic buildings with plaster or stucco, and try to bring that into a
recommendation for the applicant, so that historically, the building meets those standards. He
cited examples of the Woman's Club on Center Street, Chapman Uniyersity before their front
buildings were re-done and the Post Office on West Chapman. He asked the Design Review
Committee to consider historic buildings of that type of material.
Mr. Harrison stated it was their intent to mimic the style of St. Joseph Hospital to add character
to the building.
Councilmember Slater stated he liked the project, but agreed the texture needs to be a heavier
material and not look cheap.
Councilmember Cayecche also expressed concern with the texture and asked about the insulation
being used for the parapet. She was also glad the sycamore trees were being sayed at the
entrance to the project. This project will fit into the area very nicely, but she would not have
been inclined to approve this project if the Ronald McDonald House were not there, as the
Ronald McDonald House is a good transition into the residential area.
PAGE 20
r-
CITY COUNCIL MINUTES
Noyember 12, 2002
I3. PUBLIC HEARINGS (Continued)
For the record, Councilmember Cavecche, stated she hoped the Design Reyiew Committee is
yery serious about taking a look at what is appropriate for a building in the Old Towne area. She
wanted to ensure that the roof top equipment is screened and asked for a stipulation that the
maximum height of the equipment is never greater than the minimum height of the parapets as
well.
Councilmember Coontz asked about requirements for screening mechanical equipment, and if it
is a continuing problem, then it needs to be emphasized at DRC.
The Community Deyelopment Director stated the code does require screening for roof top
equipment, but styles can differ greatly from one project to another.
MAYOR PRO TEM ALVAREZ OPENED THE PUBLIC HEARING
Janet Crenshaw, 400 Block North Shaffer, representing the Old Towne Preservation Association,
stated they have worked with this applicant and support the project.
MAYOR PRO TEM ALVAREZ CLOSED THE PUBLIC HEARING
TAPE 4525
Mayor pro tern Alyarez thanked the Applicant for saying the trees and the house.
Councilmember Coontz stated that if the Ronald McDonald House moves onto the property to
the north, they need an area for the children to play and hopefully any enlargement of the area
will improve the current facility and its use.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alyarez, Coontz, Cayecche
ABSENT - Mayor Murphy
Adopted Mitigated Negatiye Declaration No. 1695-02
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alyarez, Coontz, Cayecche
ABSENT - Mayor Murphy
Approyed General Plan Amendment 2002-01, Zone Change 1213-02, Major Site Plan Reyiew
227-02, Conditional Use Permit 2413-02 and Variance 2109-02 as contained in Planning
Commission Resolution No. PC 37-02; with the addition that the applicant explore possibilities
of a pedestrian pathway with the approyal of the owners and managernent of Batayia Woods;
that the maximum height of the mechanical equipment be no greater than the minimum height of
PAGE 21
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CITY COUNCIL MINUTES
Noyember 12, 2002
13. PUBLIC HEARINGS (Continued)
the parapet; and that the Design Reyiew Committee take into consideration the Council
discussion, as indicated in the Council Minutes, for the texture of the building and that the
texture be suitable and compatible with Old Towne Design Guidelines for buildings of this sort,
as the Council is not agreeable to the texture samples presented.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 7:50 p.m.
C!utAl~&~/AVOC
CASSA."~'DRA J THCART, CMC
CITY CLERK
PAGE 22