11/26/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON DECEMBER 10, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 26, 2002
The City Council of the City of Orange, California convened on Noyember 26,2002 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 Mr. Warren Johnson, The Salyation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees receiyed Employee Service Awards:
Stanley Taylor - Police (not present); William Gifford ~ Police (not present); Julie
Schnieder ~ Finance (not present); Dayid Natiyidad - Police (not present); Jeffrey
Walloch - Police; Joseph DeFancesco - Water; Roy Peterson ~ Police.
Recognition was given to the Finance Department and Glenn Kaye, Purchasing Officer,
for receiying the 2002 National Purchasing Institute Achievement of Excellence in
Procurement Award,
Mayor Murphy introduced students in the audience from Villa Park High School and
Canyon High School.
2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR
TAPE 350
All items on the Consent Calendar are considered routine and are enacted by one motion
approying the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be remoyed 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 remoyed shall be considered immediately
following action on the remaining items on the Consent Calendar.
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of Noyember 26, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 11 07 North Batayia, Shaffer Park,
summarized on Time-Warner Communications and ayailable 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 November 7,14,2002.
ACTION:
Approved.
3.3 Request approyal of City Council Minutes, Regular Meeting Noyember 12, 2002.
ACTION:
Continued to December 10, 2002.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approyed.
3.5 Receive and file the City Treasurer's Report for the period ending October 31, 2002.
ACTION:
Approyed.
AGREEMENTS
3.6 Agreement Regarding Proposed Stream or Lake Alteration between the City of
Orange and the State of California, Department of Fish and Game (CDFG) for
Santiago Creek Trail from City of Orange/City of Santa Ana Boundary line to east
of Tustin Street. (A2100.0 AGR-4170)
SUMMARY: The Santiago Creek Trail Project will construct an under-crossing at
Cambridge Street. The under-crossing construction will include grading, planting, paving
in CDFG jurisdiction area. As a result the City is responsible to mitigate 1.16 acres of
riparian habitat within the City owned open space in the Creek.
ACTION: Approyed Streambed Alteration Agreement with CDFG and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
245-5011-486700-6099
550-5011-486700-6099
$90,250 (AB 2766 Air Pollution Reduction)
$94,800 (Reimbursable Capital Projects)
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
3.7 Consulting Services Agreement with Jones & Stokes Associates, Inc. to proyide
consulting services associated with preparing an Enyironmental Impact Report for
deyelopment proposals for Santiago Hills II and East Orange. (A2IOO.0 AGR-4171)
SUMMARY: Staff expects that The Irvine Company will soon be submitting
applications associated with development proposals for Santiago Hills II and East
Orange. To comply with the California Enyironmental Quality Act, it is expected that an
Enyironmental Impact Report will need to be prepared to assess the impact of these
proposals on the enyironment. In such cases, an environmental consultant is usually
retained to perform the work required.
ACTION: Continued to December 10,2002.
FISCAL IMPACT: Since this work is related to a land use deyelopment proposal, the
applicant, The Irvine Company will fully pay for the services rendered under this
Agreement. There will be no fiscal impact to the City.
3.8 Award of Professional Seryices Agreement for Utility Statement and Business
License Statement Printing and Mailing Services. (A2100.0 AGR-4I72)
SUMMARY: This agreement authorizes the outsourcing of printing and mailing services
for the Utility Services Diyision and the General Revenue Division of the Finance
Department which will result in a reduction of printing and postage costs.
ACTION: Approved the agreement with DataProse Inc. for Utility Statement Printing
and Mailing Services in an amount not to exceed $57,000 and authorized the Mayor and
City Clerk to execute.
FISCAL IMPACT: Sufficient funds in the amount of $45,000 are ayailable in Account
No. 600-1222-427100 (Utility Billing contractual Services) and $12,000 in Account No.
100-1221-427100 (General Reyenue Contractual Services).
3.9 Contract with Reliance Standard Life Insurance Company for Employee Life and
Long Term Disability Insurances Effectiye January I, 2003. (A2IOO.0 AGR-4173,
4174,4175))
SUMMARY: Based on the 2003 Life and Long Term Disability Marketing Report
conducted by the City's broker, Mercer Human Resource Consulting, staff is
recommending a new 36-rnonth contract with Reliance Standard Insurance Company for
employee Life Insurance and Long Term Disability insurance coyerage.
ACTION: Continued to December 10, 2002.
FISCAL IMPACT: The current budget and projected budget for the Fiscal year 2003-
2004 contain adequate funding to accept the new Reliance Standard Life and Long Term
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CITY COUNCIL MINUTES
November 26, 2002
3. CONSENT CALENDAR (Continued)
Disability programs. The terms of Reliance Standard life and disability contracts include
a 36-month contract with a 14% reduction in premium ($23,137.00), for each year of the
contract. The City's current insurance carrier, Standard Life was not able to match the
reduced premium rates or a multi-year contract.
BIDS
3.10 Rejection of Bids - Bid No. 023-02; Project No. D-I37; Orange County Sanitation
District (OCSD) Cooperative Project - Sacramento Street Storm Drain
Improvements east of the SR-55 Freeway between Katella Ayenue and Garfield
Ayenue; and authorization to re-advertise for bids. (C2500.M.17)
SUMMARY: The bids were opened on October 10, 2002. Eight (8) formal bids were
receiyed for this project ranging from $73,663.00 to $173,450.00. The apparent low
bidder is Ross A. Guy and Son, Inc. of Fallbrook for $73,663.00. The Engineer's
Estimate is $77,325.75, which is 4.79% higher than low bid. Ross A. Guy and Son, Inc.
has claimed one mistake in its submittal and requested to be relieyed of its bid and to
haye its bid bond released,
ACTION: 1) Accepted Ross A. Guy and Son's request to withdraw its bid. 2) Rejected
all bids received and authorize the re-adyertisement of this project.
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. George Cretekos
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Final Acceptance of Bid 012-55; SP-3376; Street Rehabilitation Improyements for
Wanda Road from Katella Ayenue to Santiago Boulevard and authorization to file
Notice of Completion with the County Recorder (No staff report reQuired).
(A2IOO.0 AGR-4125)
SUMMARY: Bid 012-55; SP-3376; Street Rehabilitation Improyernents for Wanda
Road from Katella Ayenue to Santiago Boulevard. Contractor: Ruiz Engineering
Company. Staff recommends acceptance of improvements.
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improyement, authorized release of Colonial American
Casualty and Surety Company of Maryland, Bond No. 08647038 in the amount of
$175,586.05, and authorized the Mayor and City Clerk to execute the Notice of
Cornpletion.
FISCAL IMP ACT: None.
DONATIONS
3.13 Accept donation from Vans Skate Park for use in the Fire Tools and Equipment
Budget. (C2500.H)
SUMMARY: Vans Skate Park hosted a 9/11 fundraiser and donated the proceeds to
augment the Fire Department's Tools and Equipment budget. The check was written in
the amount of$783.04.
ACTION: Accepted donation in the amount of $783.04 for use in Fire Tools and
Equipment budget and appropriated the funds to Account No. 100-3021-446500 (Fire
Equipment).
FISCAL IMPACT: The $783.04 donation will augment the Fire Tools and Equipment
budget.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.14 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.
(Continued from Noyember 12, 2002)
Councilmember Cayecche explained this was continued from the last Council meeting
because she needed additional information on the reasoning behind this. She understands
there are some people who give donations to the City who do not want to be recognized
at the Councillevel; but her concern is that the Council is able to recognize those who do
wish to be recognized. She also noted the Council will be receiving a quarterly report on
donations, and suggested these reports could be agendized.
MOTION - Cayecche
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approyed
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 9680 (C2500.D)
A Resolution of the City Council of the City of Orange expressing appreciatIOn to
Councilmember Daniel R. Slater for eight years of dedicated and outstanding service to
the citizens of Orange.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9681 (A2IOO.0 AGR-1147.C)
TAPE 420
A Resolution of the City Council of the City of Orange approving Second Amended and
Restated Joint Exercise of Powers Agreement creating the Foothill/Eastern
Transportation Corridor Agency.
Council Discussion
Councilmember Coontz stated, as representatiye to the Transportation Corridor Agency,
the City of Orange has been inyolyed since the mid 1970's as a major player in the yision
to establish what became the Eastern Transportation Corridor Agency. Orange was one
of the first cities to recognize the yalue ofthe Corridor as a connection route to the SR-91
and a parallel to the SR-55. Her emphasis as a representative has been to address
regional issues, and at the same time focus on issues important to the City of Orange. As
one example, when the Foothill Corridor opened, it was important to proyide community
informational meetings and provide smooth access from the Corridor into Orange
through Agency cooperation with the City's Police and Public Works Departments.
The City is now looking at a new issue ~ the merging of the Foothill Eastern Corridor
Agency with the San Joaquin Hills Corridor Agency. After a great deal of study and
analysis by the staff and members of the agencies, membership of both agencies yoted
unanimously to do so, but it is necessary to go back to each of the respective Councils for
initial approyal.
The two agencies already operate as a transportation system and it is envisioned that the
consolidation of the Corridor Agencies will provide financial sayings to both the toll road
users and the respectiye agencies.
Councilmernber Coontz then introduced members of the Transportation Corridor Agency.
Wally Kreutzen, Chief Executiye Officer, Transportation Corridor Agency, introduced
himself and members of his staff.
Councilmember Cayecche stated she was surprised this was put on the Consent Calendar
as she did not consider it a Consent item; and hoped the Council would have receiyed
briefings prior to this coming before the Council. She was not prepared to vote on this
item at this time. This is an important issue and deserves more study. She understands
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
the financial implications and the positiye points for the San Joaquin Corridor Agency,
but the Foothill Eastern Corridor Agency is being handled very well. She suggested this
be continued to another meeting and ask the Agency to proyide briefings to the Council.
Councilmember Coontz stated, as a designated representatiye to the TCA, it is her
obligation to bring issues forward that are controyersial or important. These types of
items are regularly on the Consent Calendar and proyide an opportunity for indiyiduals
from the agencies to speak to the issue. The issues of the Corridor Agencies are
complicated and haye taken a long time. The members voted unanimously to approye the
initial decisions that are being made. Both agencies are yery successful and hard working
with huge issues before them. There are issues with the San Joaquin Corridor Agency,
but the predictions and projections for utilization of the San Joaquin Corridor have not
yet met the goals. Howeyer, this is like the SR-55 and SR-57 when they first opened,
which were wide open freeways. But it was soon realized they were regional highways
and not just community access ways. She stated she was ready to approye this
Resolution.
Councilmember Slater, an alternate member to the TCA, eXplained this action is to allow
the progress to continue in terms of looking into it. The Council is not authorizing the
merger - that is to come later after further financial study. He asked what the Council's
involyements are at this time and if this issue will come back before the Council.
Wally Kreutzen stated this is a permissive amendment to the Joint Powers Agreement
which states that in the future, if the TCA staff and financial consultants can provide a
yiable plan of finance to both Boards, that provides a rational basis for moving forward
with consolidation, the Council is giying to their representatiye on the TCA Board, the
opportunity to vote for that in the future. Both roads are open right now. San Joaquin
Hills is under performing to current proj ections. Foothill Eastern is oyer performing, but
to a large degree because of what was learned from San Joaquin Hills. What was learned
from the San Joaquin on a financial side was applied to the Foothill Eastern.
There are four major pieces that are moving in the Foothill Eastern area right now: 1)
what will aCTA do relative to the SR-91; 2) what is the impact of The Irvine Company's
recent announcement of placing an additional 11,000 acres into the open space; 3) what is
the impact of the reuse ofEl Toro; and 4) what is the impact of Rancho Mission Viejo.
There is no gnarantee the Foothill Eastern will not be in a similar financial scenario in the
future; but both Boards haye commissioned independent traffic and reyenue studies
which can be used to assess whether or not consolidation is yiable.
This issue will not come back to the Council. It will come back before the two JP A
Boards of the TCA at a later date. The members who are representatiyes from their
respectiye cities or counties will yote on whether they believe this should go forward.
Councilmember Cayecche asked when this will come back before the TCA Board.
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
Mr. Kreutzen stated whether or not there will be a yiable plan of finance will be before
the TCA Board about April 2003.
Councilrnember Slater asked what other cities haye yoted on this.
Mr. Kreutzen stated San Clemente, San Juan Capistrano, Yorba Linda, Laguna Niguel
and Aliso Viejo have already yoted in fayor of this. Irvine, Newport Beach and Laguna
Hills had agendized it for the same day as Orange. Some councils in these cities haye
been briefed, others haye not; and typically this has been a Consent Calendar item in
those cities.
Councilmember Coontz stated there is an opportunity at a later date to speak more
directly regarding the financial issues after more studies and traffic revenue has been
completed. This is the initial basic affirmation.
Mayor pro tern Alyarez asked if this is essentially giying the approval for the two boards
begin the process of the merger?
Mr. Kreutzen agreed that if at a later date a yiable plan of finance exists, the merger
process will begin.
Councilmernber Coontz stated a briefing can be made ayailable for the Council at that
time.
Mayor pro tern Alyarez asked if it was ever recommended that the one financially yiable
board assume the responsibilities rather than a merger; and if it will be a bigger board?
Councilmember Coontz stated they will be merged together with representation from all
cities inyolyed. She noted a smaller board was originally proposed, but this was not
yiable because people did not want to be left out. There are crossovers on the two Boards
and some people haye participation on both boards. If combined, then eyery city
inyolyed will haye participation.
Mr. Kreutzen stated the new proposed board will be a 21 member board. Everyone that
currently has a seat on the existing boards will haye a seat on the new board. In answer
to why the Foothill Eastern Board doesn't assume the San Joaquin Board, there are
issues dealing with the Internal Reyenue Service and the issuance of public debt. It is
necessary to create a new organization.
Councilmember Slater stated he had high regard for Mr. Kreutzen who has been inyolved
with the Boards for many years. He asked if it didn't make sense to merge the two
boards anyway. He stated he would like to vote on this as he has been involyed in this
for eight years.
Mr. Kreutzen agreed there should neyer haye been two boards anyway. It also proyides
an opportunity to start over with fiye years of reyenue experience.
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CITY COUNCIL MINUTES
Noyember 26, 2002
3. CONSENT CALENDAR (Continued)
Councilmember Cayecche stated this is the only opportunity she has to yote on this and
she still has unanswered questions. She is not prepared to yote at this time and would
prefer to haye briefings in order to make a more educated yote. This is a large regional
issue which affects the whole County.
Mayor Murphy asked if there would be any implications if this were continued to
December?
Mr. Kreutzen stated there would not be any implications if it were continued.
Councilmember Coontz stated that members of the Council may not realize the extent to
which the members of the two Boards are inyolyed with financial issues and policy
issues. The idea is to get this going and there will be ample opportunity to come back
with a briefing to hopefully direct the Council representative to properly yote on this
Issue.
Mayor Murphy stated that if one Councilmember has reservations and requests additional
information, and there is no critical time constraint, he would like to continue the item.
MOTION - Cayecche
SECOND - Slater
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
Moyed to continue to December 10, 2002 for gathering offurtber information.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
Items 3.3, 3.7 and 3.9 were continued to December 10,2002. Items 3.14 and 3.16 were
remoyed and heard separately. All other items on the Consent Calendar were approyed
as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
S. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
Noyember 26, 2002
7.
ADMINISTRATIVE REPORTS
TAPE 980
7.1 Consideration of appeal submitted by Jim Osowski regarding the decision of the
City Traffic Commission approving the request to install red curb markings in front of the
business complex at 675 N. Eckhoff St. (A4000.0)
SUMMARY: The basis for this appeal ofthe decision of the City Traffic Commission is the loss
of on-street parking in front of the appellant's business.
Note: Letter dated Noyember 25, 2002 was received from Jim Osowski, withdrawing his
appeal.
Council Discussion
Councilmember Cayecche stated she had gone out to the site and noticed a lot of red curbs in the
area; and asked for the reasoning behind this.
The Public Works Director explained it is not uncommon to haye a lot ofred curbs in industrial
areas because of safety related issues and the parking of large vehicles. He noted the adjacent
properties appear to haye ample on-site parking.
In response to questions by Mayor pro tern Alyarez, the Public Works Director further explained
the majority of the requests for red curbs are initiated from adjacent property owners who haye
problems with site distance adjacent to driveways. Some red curbs are initiated by the City if
they are near a stop sign, a roadway width is needed for travel or to accommodate left turn lanes.
Councilrnember Slater asked about the maintenance ofred curbs and the posting of No Parking.
The Public Works Director stated signs can be used in lieu of red curbs, but painted curbs are
cheaper to maintain than signs and are usually used for parking restrictions of usually less than
200 feet. Compliance is also better with red curbs as they are more yisible than signs.
MOTION - Murphy
SECOND - Alyarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche
ACTION: Accept letter from Jim Osowski and withdraw this item.
TAPE 1295
7.2 Proposed Cellular Antennas at El Modena Park (A2100.0 AGR-4149, 4150)
SUMMARY: Reyiew and consider prior Council authorization (October 22, 2002 Council
meeting) to execute cellular antenna agreements with Sprint PCS and Cingular Wireless.
Council Discussion
Mayor pro tern Alyarez asked this be brought back before the Council as the original Agenda
packet which did not include copies ofthe leases. Since then, he has reyiewed the leases. His
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CITY COUNCIL MINUTES
Noyember 26, 2002
7. ADMINISTRATIVE REPORTS (Continued)
concerns include that the City needs to be notified when the cellular proyiders come into the
park; proyiders being able to sublease the antennas and sublease contractors would then be able
to come into the park without City knowledge; and that the area of the cellular antennas is near
the park restrooms, and he was not comfortable with workers coming into the park in that area
where children could be. He was concerned about liability issues in that the lease allows 24 hour
access and there would be no way to know if someone was servicing the antennas after the park
was closed. He suggested notification be required from the cellular proyiders whenever they
need to service the antennas.
Mayor Murphy noted the cellular facility is an adjunct area to the park restroom and although it
is attached, it has separate access. The restrooms would also be locked after the park was closed.
Mayor pro tern Alyarez stated there needs to be an approying body with control oyer
improvements; and asked if the City codes address the possibility for this type of industry to
change their requirements or expand their needs which is another area of the lease that needs to
be addressed.
The Community Deyelopment Director stated cellular antenna sites are reviewed by the Staff
Review Committee, Design Reyiew Committee and sometimes the Planning Commission. The
plans are conditioned and if the antenna company wants to change the plan, it would require an
amendment to the original approyed plan.
Mayor pro tern Alvarez also expressed concern about the lease renewals as the lease calls for
automatic renewals; and there needs to be a reyiew by the City before leases are renewed.
Councilmember Coontz spoke on the positiye aspects of this lease. The City has been deyoid of
wireless communication sites and she appreciated the fact that a site was found for this use. She
noted the antennas are not real yisible as designed, and there haye also been improyements to the
park. She complimented the companies and appreciated the business that is being brought to the
City.
Mayor Murphy asked about the termination clause in the lease.
The City Attorney explained Council could direct staff to bring back a review of the leases
before the exercise of any option. He also stated staff is currently looking at model ordinances
and agreements for cell sites on city property.
The City Manager explained he has had personal experience dealing with cellular providers. It is
important to understand that these types of providers do not want anything less than long term
leases because of the capital inyestments that are made and the considerable compensation paid
for the amount of square footage and access. He stated the serviceability areas are graded A, B
or C, depending on the amount of calls serviced through the particular antenna. This particular
antenna site is a Class C site and is being installed mainly for infill to prevent call drop offs in
that area. This antenna is being used by two companies and will handle a small amount of calls.
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CITY COUNCIL MINUTES
Noyember 26, 2002
7. ADMINISTRATIVE REPORTS (Continued)
It can be reasonably monitored and comments made by Mayor pro tern Alyarez can be
incorporated into future leases.
Mayor pro tern Alyarez stated it is important for Orange to have a mechanism for a review of
these sites. Other cities are extremely tough on wireless companies and he did not want Orange
to be yiewed as an easy place to corne in and put up antennas.
Councilmember Cayecche appreciated the concerns raised by Mayor pro tern Alyarez; and also
appreciated the cellular carriers doing the improyements at the park with the restrooms and
landscaping. She asked about the reyiew process and the transferability of the leases.
The Community Development Director stated this project has already gone through the Staff
Review Committee, Design Review Committee and the Planning Commission and a Conditional
Use Permit has been issued and the visual aspects approyed.
The City Attorney explained there is an assignment proyision in the leases. The agreement
allows Sprint to assign their lease without the City's consent but only to entities that either they
control or entities that control Sprint. Any other assignments have to be approyed by the City.
The Cingular lease, howeyer, does allow assignment strictly upon notice to the City and no
approval is required.
Councilmember Cayecche stated she did not haye a concern with the providers going into the
park after hours, but did haye a concern with them being on the property during park hours. If
someone goes into a public park under the auspices that the City has giyen them legal permission
to do so, she has a concern of not knowing they are there and not having an understanding of
who is actually doing the work. She asked about other leases with other entities where they are
given access to public parks. She asked about the liability if someone under contract with the
City is in a park.
The City Attorney stated the City could ensure that cell proyiders inform the City if they are
going to be in the park after hours. In terms of them being in the park during park hours, the
City really has no control oyer who goes into a public park. As for liability, the City does
require insurance from contractors and there is actually more protection if there is a contract.
The Community Services Manager explained the City has numerous contracts for landscape
maintenance and custodial services for City parks and the City is not necessarily knowledgeable
of the indiyiduals who are in the park. Sometimes these contractors are in the parks after hours;
howeyer, emergency numbers are proyided by the contractors and they all have identification.
This information is also ayailable to the Police and Fire Departments. There are also contracts
with sports organizations who haye people in the park after hours. Any calls that the City
receiyes about these people in the parks are handled administratively with the contractors; and to
date, there haye not been any problems.
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CITY COUNCIL MINUTES
Noyember 26, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz stated a copy of the Conditional Use Permit should haye been included
in the packet for reference; and asked about returning the Conditional Use Permit for reyiew for
a comfort level and what it would cover. In the past, Council has designated they would like
something to come back for review, strictly for comfort.
The Community Deyelopment Director stated the Conditional Use Permit did not have a
condition for any type of annual reyiew; and once a CUP has been granted, it is difficult to add
additional conditions. Any physical change or improvement to the antennas would require the
CUP to come back, but there is no language in this particular CUP that has any type of reyiew
period.
The City Attorney explained the Council can ask for a reyiew of a Conditional Use Permit at any
time, but can not change the CUP if there are no violations.
Mayor Murphy noted the two biggest items that seem to be of concern are a reyiew process prior
to any sort of ongoing renewal and some sort of noticing prior to service and support on site.
He asked the representatives from Sprint and Cingular if they were able to agree to a stipulation
of noticing prior to service on the cell sites.
Shannon McDonald from Cingular Wireless and Plo Mead from Sprint introduced themselyes
and stated they were agreeable to a noticing requirement.
Mayor Murphy stated that with the stipulation from the cellular companies and the direction to
staff to review these leases, this would deal with the concerns on these existing leases and let
these go forward. The City could then include the experience learned from these leases in the
model agreement that is being drafted by staff.
Mayor pro tern Alvarez stated his biggest concern is the automatic renewal of the leases.
Shannon McDonald stated one of the conditions in the Conditional Use Permit proyides for a
fiye year review.
Councilrnember Coontz again stated it was important to know what the stipulations of the
Conditional Use Permit are when looking at these leases; and the CUP could be aligned with the
leases.
Mayor pro tem Alyarez suggested it would be prudent if Staff were to take the comments made
and go back with the two companies and tighten up some of the issues in the leases.
Councilmember Slater stated he had no problems with these leases, and suggested, in a broader
perspective, if the City could explore the possibility of getting a consultant to help with these
leases to make sure the City is getting the biggest bang for the buck and in garnering the most
profits. He suggested a consultant could point out other potential cell sites and market the City.
He wants these cell sites to be aesthetically pleasing and yet there may be revenue the City is
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CITY COUNCIL MINUTES
November 26, 2002
7. ADMINISTRATIVE REPORTS (Continued)
missing out on and there may be points to these leases the City should know more about. He
trusts staff to do the best they can, but this is fairly new technology.
For the record, Councilmember Slater stated he hoped future Councils will consider at least
exploring this possibility.
Mayor pro tern Alyarez agreed with Councilmember Slater's comments. He stated he did not
mean to be hard on the cellular companies and knows the leases are generous leases; but this
giyes the City an opportunity to look at this industry for the future.
Councilmember Coontz requested the Council be proyided a copy of the Conditional Use Permit;
and the Conditional Use Permit does not have to be copied into the lease agreement as it is a
separate action.
MOTION - Alyarez
SECOND - Coontz
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
Moyed to direct staffto reyiew:
1) Notification to the City be at the anniyersary of the five year lease terms prior to renewal.
2) Ask the companies to notify the City if companies are coming onto park sites after business
hours;
3) The need to define more clearly how maintenance is going to happen as companies are
coming into the park;
4) Continue to Decernber 10, 2002 to get clarification on these issues and also on the subletting
issue where the City needs to giye some sort of consent; that it needs to be defined between the
companies and the City as to at what point there needs to be some sort of consent for subletting.
5) Include the Conditional Use Permit when leases are brought back.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 2870
9.1 ORDINANCE NO 13-02 (SECOND 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.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
Moyed, with regrets, that Ordinance No. 13-02 be read by title only and same was approyed and
adopted by the preceding yote.
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CITY COUNCIL MINUTES
Noyember 26, 2002
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 14-02 (SECOND READING) (A2S00.0 Telephones, Public)
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, Alyarez, Mayor Murphy, Coontz, Cayecche
Moyed that Ordinance No. 14-02 be read by title only and same was approyed and adopted by
the preceding yote.
Councilrnember Coontz asked if the City gets money from the use of pay telephones in City
facilities; and pointed out the need for the City to also follow these regulations.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 10 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.
TAPE 2960
7:00 P.M. SESSION
12. PUBLIC COMMENTS
The following people spoke in support of strict code enforcement throughout the City and in
support of the existing RV Ordinance. Their concerns also include how RV's negatively affect
property values; the need to enforce the existing RV Ordinance; safety issues involyed with RVs
parked on residential properties; and the formation of VOICE - Volunteers of Orange In Code
Enforcement.
Mel Vernon, address on file, submitted pictures and list of code enforcement yiolations
Jerry Julian, 2707 E. Chestnut
Bonnie Henderson, 1654 Klamath Place
Ed Boykin, 2701 E. Chestnut
Paul Henderson, 1654 Klamath Place
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CITY COUNCIL MINUTES
Noyember 26, 2002
12. PUBLIC COMMENTS (Continued)
Councilmember Slater thanked the citizens for coming to the meeting and for their comments;
and asked the City Manager to direct Code Enforcement to follow up on the list of violations
submitted.
13. PUBLIC HEARINGS
13.1 TENTATIVE TRACT MAP 16405-02; MINOR SITE PLAN REVIEW NO. 230-02,
HAL BAERG (T4000.0 TRT 16405-02)
Time set for public hearing to consider a proposed subdiyision of 6.37 acres into six parcels,
each of which will become acre or larger in size, and to create lots without direct access to public
streets, upon property located approximately 500 feet south of Santiago Canyon Road and east of
Jamestown Way. The subject site is located within the boundaries of the Orange Park Acres
Plan.
Note: Faxed letter receiyed Noyember 20, 2002 from the applicant requesting a continuance of
the public hearing to the next available Council meeting.
MOTION - Alyarez
SECOND - Coontz
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cavecche
Moyed to continue to January 14, 2003.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Slater
SECOND - Alyarez
AYES - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche
The City Council adjourned at 7:20 p.m. to an Adjourned Regular Meeting on December 3,
2002 at 7:00 P.M. for the Oath of Office Ceremony.
~{/!:rAA'~
CASSANDRA A HCART, CMC
CITY CLERK
I!JAlL!!1i
MAYOR
PAGE 16
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