8/26/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 26, 2003
The City Council of the City of Orange, California convened on August 26, 2003 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 Dan Dunkerley, President, Released Time Christian Education
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Ambriz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation honoring Released Time Christian Education, Fifty Years of Service to
Orange Youth - was presented to Pastor Dan Dunkerley, President and Valerie Via,
Orange Program Director.
Resolution No. 9753 was presented to Richard Yarger, expressing appreciation for 25
years of dedicated service on the City Traffic Commission.
Employee Service Awards - No Service Awards were presented.
RESOLUTION NO. 9769
A Resolution of the City Council of the City of Orange expressing appreciation to Diane
Matthews of the Finance Department and commending her for over twenty-eight years of
loyal and dedicated service.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9769.
Resolution No. 9769 was presented to Diane Matthews.
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CITY COUNCIL MINUTES
August 26, 2003
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Murphy announced the last concert of the concert in the park series this
Wednesday featuring the band Sideswipe.
2. PUBLIC COMMENTS - None.
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 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 the City
Council Agenda of a Regular Meeting of Angust 26, 2003 at Orange Civic Center
City Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police
Facility at 1107 Nortb Batavia, Shaffer Park 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 August 5, 7, 14, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting August 12, 2003.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending July 31, 2003.
ACTION:
Received and Filed.
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Agreement No. 3217.B with VisionAIR, Inc., Amendment No.2. (A2100.0 AGR-3217.B.2)
SUMMARY: The City and VisionAIR, Inc. have entered into Agreement No. 3217.B to
provide maintenance and upgrades to the Police Department's mobile data computers,
computer-aided dispatch and records management system (CAD/RMS). Amendment No.
2 is for the purchase of four additional mobile licenses and maintenance/upgrades. The
Amendment increases the total compensation by $5,801.26 to a not-to-exceed amount of
$83,336.31.
ACTION: Approved Amendment No.2 to Agreement No. 3217.B and authorized the
Mayor and City Clerk to execute on behalf of the City. Note: Mayor Murphy abstained
on this item due to a possible conflict based on employment.
FISCAL IMP ACT: Funds are budgeted for fiscal year 2003-2004 in account number 100-
4011-427800 (Administration-Other Contractual Services) for this purpose.
3.7 Approve the purchase of a Public Utility Billing Software (PUBS) upgrade from N.
Harris Computer Corporation in the amount of $162,795. (A2100.0 AGR-4345)
SUMMARY: The Utility Division of the Finance Department has been using the current
utility billing software from Creative Computer Solutions (CCS) since 1998.
Subsequently CCS was purchased by N. Harris Computer Corporation ("Harris"). Harris
has a significant upgrade to our current CCS utility billing software solution that will
expedite billing and provide additional functionality including on-line bill presentment
(review), on-line bill payment, and on-line service order capabilities for all of the utility
customers in Orange.
ACTION: Approved the agreement for the acquisition and supply of customer
information system software, hardware and related professional services in the amount of
$162,795 with N. Harris Computer Corporation and authorized the Mayor and City Clerk
to execute agreement on behalf of the City. Note: Mayor Murphy abstained on this item
due to a possible conflict based on employment.
FISCAL IMP ACT: Funds for this software upgrade are available in the following
accounts:
$ 10,000
$ 75,048
$ 10,625
$ 63,183
$ 40.000
$198,856
220-1601-426700-8490
220-1601-449103-8490
600-1601-426700-8490
600-1601-449103-8490
600-1222-426700
Sanitation Fund - Other Professional Services
Sanitation Fund - Computer Software
Water Fund - Other Professional Services
Water Fund - Computer Software
Water Fund - Other Professional Services
Total Available
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
3.8 Joining the California Public Entity Insurance Authority (CPEIA) Excess Workers'
Compensation Program to increase the City's Workers' Compensation excess
insurance limits; Executing the CPEIA Insurance Pool Agreement and MOU;
Workers' Compensation Excess Insurance Budget Appropriations (A2100.0 AGR-
4346)
SUMMARY: By joining the California Public Entity Insurance Authority (CPEIA)
Excess Workers' Compensation Program, the City is able to obtain an additional layer of
worker's compensation excess insurance coverage, therefore, reducing financial liability
and protect the City's assets. In order to join the CPEIA, the JPA's Insurance Pool
Agreement and MOU must be signed. Also, the appropriation of $63,000 is being
requested for the FY 03/04 budget to pay for an excess Worker's Compensation
Insurance policy for FY 03/04
ACTION: Joined the CPEIA Workers' Compensation Program and authorized the
Mayor and City Clerk to execute the JPA insurance pool agreement and MOU; and
appropriated $63,000 from Fund 730 (Workers' Compensation) to account 730-1412-
432400 (Excess Insurance Premiums) for FY 03/04.
FISCAL IMPACT: Adequate funds are available in Fund 730 to cover the
appropriations.
3.9 State of California Office of Traffic Safety (OTS) California Seat Belt Compliance
Campaign (CSBCC). (A2100.0 AGR-4344)
SUMMARY: The OTS has authorized a reimbursable grant award in an amount not-to-
exceed $21,055. There is not a cash match requirement. The goal of the CSBCC is to
increase seat belt use statewide to 94% by June 2004. Through the combined efforts of
state and local law enforcement, a seat belt enforcement campaign will be conducted for
a fourteen (14) day period in November in support of the Buckle-Up America/Operation
ABC National Mobilizations. Funds provided by this mini-grant will be used to cover
overtime costs associated with seat belt enforcement activities during the two-week grant
period.
ACTION: 1) Appropriated $21,055 from the General Fund, into the Traffic Program for
the OTS grant as follows: 100-4041-412101-2248 $21,055 Overtime-Safety
2) Amended the FY 2003-04 Revenue Budget in the General Fund in the amount of
$21,055 to reflect the receipt of the amount of the OTS grant.
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $21,055 through the OTS CSBCC funds, there will be no fiscal
impact to the General Fund. After appropriation, funds will be available in the Traffic
Program budget for the OTS grant and cash match as follows:
100-4041-412101-2248 $21,055 Overtime-Safety
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Governor's Office of Criminal Justice Planning (OCJP) Juvenile Accountability
Incentive Block Grant (JAIBG). (C2500.K)
SUMMARY: The OCJP has authorized a reimbursable grant award in the amount of
$25,561 with a cash match requirement of$2,840. The funds are earmarked for the
Orange Police Department Gang Enforcement/Target Unit Program, an information-
sharing system for law enforcement agencies, judicial courts, schools and intervention
services. The Program vision is to identify, isolate, control, educate, prosecute, and treat
juveniles who repeatedly commit serious delinquent or criminal acts. The grant will
cover operating costs, equipment purchases, materials and supplies such as books, tapes
and printing of pamphlets, and a video/audio surveillance system.
ACTION:
1. Appropriated $25,561 from the General Fund, into the Gangs Program for the JAIBG
Grant as follows:
100-4032-441600-2242
100-4032-471301-2242
$ 4,561
$21,000
Materials & Supplies
Equipment
2. Appropriated $2,840 from Federal Asset Forfeiture Funds, into the Gangs Program for
the JAIBG Grant cash match as follows:
355-4032-441101-2242 $1,401
355-4032-441600-2242 $1,439
Office Supplies
Materials & Supplies
3. Amended the FY 2003-04 Revenue Budget in the General Fund in the amount of
$25,561 to reflect the receipt of the amount of the OCJP Grant.
FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $25,561 through the OCJP JAffiG funds, there will be no fiscal
impact to the General Fund. Unreserved fund balance is available in the Federal Asset
Forfeiture account to fund the $2,840 cash match. After appropriation, funds will be
available in the Gangs Program budget for the JAffiG grant and cash match as follows:
100-4032-441600-2242 $ 4,561 Materials & Supplies
100-4032-471301-2242 $21,000 Equipment
355-4032-441101-2242 $ 1,401 Office Supplies
355-4032-441600-2242 $ 1,439 Materials & Supplies
BIDS
3.11 Final Acceptance of Bid No. 023-18 - Asphalt Replacement at Wanda/Collins
Facility and authorization to file Notice of Completion with the County Recorder
(No staffrenort required).
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid No. 023-18 - Asphalt Replacement at Wanda/Collins Facility.
Contractor: Hardy and Harper. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of St. Paul Guardian,
Bond No. SS3638, in the amount of $58,884.00, and authorized the Mayor and City
Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.12 Award of Bid to Ford of Orange for the Purchase of one (1) 2003 Ford Explorer.
(C2500.M)
SUMMARY: Purchase one (I) 2003 Ford Explorer from Ford of Orange in the amount of
$21,655.60 to replace a Ford Explorer that was totaled due to a fire in the engine
compartment.
ACTION: I) Appropriated the sum of $21,655.60 from the Unappropriated Fund
Reserves in fund 720 Motor Vehicle Replacement to 720-5023-472102 Motor Vehicle
Replacement; and 2) Awarded a bid to Ford of Orange and authorized the City's
Purchasing Officer to purchase one 2003 Ford Explorer in the amount of $21,655.60.
Note: Mayor Murphy abstained on this item due to a possible conflict based on
employment.
FISCAL IMPACT: $21,655.60 will be appropriated from the Unappropriated Fund
Reserves in fund 720 Motor Vehicle Replacement to 720-5023-472102 Motor Vehicle
Replacement.
3.13 Bid No. 034-12. Approve plans and specifications and authorize advertising bids for
citywide striping and pavement markings. (C2500.M)
SUMMARY: The project invites competitive bids for providing citywide striping and
pavement marking services.
ACTION: Approved plans and specifications and authorized advertising Bid No. 034-12
for the installation of traffic striping, pavement markings and raised pavement markers
citywide.
FISCAL IMPACT: $87,000.00 has been budgeted in the FY 2003-04 budget in the
Contractual Services Account No. 273-5032-427100.
3.14 Approval of plans and specifications and authorization to advertise for bids - Fire
Headquarters Emergency Generator. (C2500.M)
SUMMARY: Plans and specifications have been completed for the site location,
installation and seismic anchoring of a new emergency generator at Fire Headquarters.
The plans have been reviewed and approved by the Fire Department and the Community
Development Department. The project is estimated at $100,000.
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertisement for bids for a
new emergency generator at Fire Headquarters.
FISCAL IMPACT: Funds in the amount of $103,200 are available in account number
120-5028-481301-9824 (Fire Headquarters Emergency Generator).
3.15 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Joe G. Lopez
b. Lisa VanWagner
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Mills Act Contract No. MAC-99.0-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4347)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance to be performed by the owner
for the (minimum 10 year) term of this contract totals $42,720. Location: 535 S. Orange
Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-99.0-03), for
the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $292 per
year.
3.17 Mills Act Contract No. MAC-I00.0I-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4348)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract totals $53,200. Location: 182 N. Shaffer Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-IOO.OI-03),
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $390 per
year.
3.18 Mills Act Contract No. MAC-I01.0I-03, (Historic Property Preservation Agreements).
(A21 00.0 AGR-4349)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $34,745. Location: 371 S. Orange Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-I01.0l-03),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $192 per
year.
DONATIONS
3.19 Donation by the Police Department of surplus silent alarm system. (C2500.K)
SUMMARY: The Police Department has a surplus Varda Silent AIm System that
cannot be operated due to the radio frequency change from 400Mhz to 800Mhz. The
Department would like to donate the system to the Pasadena Unified School District
Police Department, which still uses the 400Mhz frequency.
ACTION: Authorized the donation of the following Varda Silent Aim System
components to the Pasadena Unified School District Police Department: four (4) model
#S406D alms; one (1) model #SR-C707L UHF/FM transmitter; one (1) model #3-
5009B recorder; two (2) power connectors; five (5) antennas; and one (1) model #
057929921 tuning meter.
FISCAL IMP ACT: None.
RESOLUTIONS
3.20 RESOLUTION NO. 9765 (C2500.K)
A Resolution of the City Council of the City of Orange concerning the purpose of
obtaining federal financial assistance under the Governor's Office of Criminal Justice
Planning (OCJP) Juvenile Accountability Incentive Block Grant (JAIBG) Program.
ACTION: Approved
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CITY COUNCIL MINUTES
August 26, 2003
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.21 Quitclaim of a Fire Access Easement at 1460 N. Main Street. (D4000.0)
SUMMARY: This existing easement is encumbered by a structure and will be
quitclaimed with a new access easement recorded in its place.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Theodore H. Smyth, et. a!., Trustee for a fire access easement located at 1460 N. Main
Street.
FISCAL IMP ACT: A $700.00 deposit has been collected to cover processing fees.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Items 3.6, 3.7 and 3.12. 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 - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Economic Development Director regarding a Resolution of the City
of Orange approving the issuance by the Orange Redevelopment Agency of its Orange
Merged and Amended Redevelopment Project Area 2003 Tax Allocation Refunding Bonds.
(R3500.0)
SUMMARY: Due to a drop in bond interest rates, the Agency staff is recommending to refund
the outstanding Tax Allocation Bonds sold for the Northwest and Southwest Redevelopment
Project Areas. This refunding will result in lower annual debt service payments and provide for
a substantial net present value savings over the life of the bonds.
(See Redevelopment Agency Minutes Item No. 7.1)
Rick Otto, Sr. Housing Manager, provided a report.
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CITY COUNCIL MINUTES
August 26, 2003
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9767
A Resolution of the City Council of the City of Orange approving the issuance by the Orange
Redevelopment Agency of its Orange Merged and Amended Redevelopment Project 2003 Tax
Allocation Refunding Bonds
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved.
FISCAL IMPACT: The proposed Orange Merged and Amended Project Area 2003 Tax
Allocation Refunding Bonds, Series A and Series B would refund the existing 1993 Southwest
Tax Allocation Bonds and the 1993 Northwest Tax Allocation Bonds. By refunding the bonds,
the Agency would not be extending the maturity dates. The total amount of the bond issue will
not exceed $65,000,000, with a projected net present value savings of approximately $3,070,000
over the remaining lives of the bonds based on bond market conditions as of August 15,2003.
This amount reflects recent increases in interest rates that have eroded a portion of the
anticipated savings that was noted in the July 22,2003 Staff Report.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 700
9.1 ORDINANCE NO. 4-03 (SECOND READING) (A2S00.0 Amusement)
An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.10 and
17.18 of the Orange Municipal Code regulating Amusement Arcades.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 4-03 be read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE NO. 16-03 (SECOND READING) (A2S00.0 Speed Limits)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Councilmember Coontz abstained on this item because her home is in close proximity to the
subject streets; and left the dais.
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CITY COUNCIL MINUTES
August 26, 2003
9. LEGAL AFFAIRS (Continued)
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved that Ordinance No. 16-03 be read by title only and same was approved and adopted by
the preceding vote.
Note: Councilmember Coontz returned to the dais.
9.3 ORDINANCE NO. 17-03 (FIRST READING) (A2500.0 Water)
An Ordinance of the City Council of the City of Orange amending Section 13.08.010 of Title 13
of the Orange Municipal Code relating to Water Deposits and Account Establishment Fees.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-03 was read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5: I 0 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
1) Property: Various segments of Tustin Branch Trail
City Negotiator: David Rudat, Gary Wann, Harry Thomas
Negotiating Parties: City of Orange and Union Pacific Railroad
Under Negotiation: Price and terms of payment, if any
2) Property: Edwards House, 230 East Chapman Avenue
City Negotiator: Nora Jacob
Negotiating Parties: City and three potential buyers
Under Negotiation: Price, terms of payment and relocation.
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.
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CITY COUNCIL MINUTES
August 26, 2003
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Adrienne Gladson, 3403 E. Lambeth Court, extended an invitation to Kidfest, sponsored by the
YWCA, during the International Street Fair over the Labor Day weekend; and distributed fliers
and newsletters.
Mayor Murphy announced the International Street Fair will take place over the Labor Day
weekend at the Plaza in Downtown Orange.
13. PUBLIC HEARINGS
13.1 FINAL CONCEPTUAL MASTER PLAN OF YORBA PARK (NI200.0 Neg Dee
1674-01)
Time set for public hearing to consider a Final Conceptual Master Plan ofYorba Park. The Final
Conceptual Master Plan includes two lighted softball fields, a 2 acre dog park, a 2.2 acre passive
area with tot-lot and picnic tables, a 900 square foot restroom building, parking lot for 147
parking spaces, picnic tables, walkways and landscaping. Yorba Park is located at the southwest
comer ofYorba Street and Chapman Avenue and is approximately 8.5 acres.
FISCAL IMPACT: No funds have been identified for any park improvements at Yorba Park.
Should the City Council approve any or all of the park improvements associated with the Final
Conceptual Master Plan for Y orba Park, the City Council would need an additional appropriation
from an undetermined fund to pay for the park improvements. The Dog Association has raised
limited funds to assist the City in any improvements associated with the dog park component.
The cost impact may range from a minimum of$65,000 to a maximum of$I.9 million.
Note: Mitigated Negative Declaration No. 1674-01 has been prepared for the proposed park
improvements.
Staff Report
Gary Wann, Community Services Director, reported the Park Planning and Development
Commission, at it's December 12, 2002 meeting, recommended not to approve the Final
Conceptual Master Plan for Y orba Park. The Commission expressed concern about the proposed
site plan and it's priority among existing and future projects and funding for any existing and
future improvements at the site. He reported the park has remained un-used and closed since
1998 when the City received notice from the County to mitigate the potential migration of
methane gas on the property.
Mr. Wann reviewed some of the community's concerns, especially the concern over the
consistency with the Master Plan of Park Facilities, Recreation and Community Services. Staff
has responded to this issue by reiterating that the Master Plan's definition of park types provides
a list of typical facilities for each park category but is not intended to explicitly list all potential
recreational amenities that are possible since the needs of a community change over time.
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CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
The following alternatives have been provided by staff:
Alternative One 1) Not approve Mitigated Negative Declaration No. 1674-01 and not to
approve the Final Conceptual Master Plan for Yorba Park; and 2) Direct the Park Planning and
Development Commission to evaluate the short and long term uses ofYorba Park.
Alternative Two: 1) Approve Mitigated Negative Declaration No. 1674-01 and approve the
Final Conceptual Master Plan for Yorba Park, but no implementation of any park improvements
as part of the Master Plan; and 2) Direct the Park Planning and Development Commission to
evaluate the short and long term uses ofYorba Park.
Alternative Three: I) Approve Mitigated Negative Declaration No. 1674-01 and approve the
Final Conceptual Master Plan for Yorba Park; 2) Direct the Park Planning and Development
Commission within sixty days to prepare a report to the City Council recommending proposed
improvements, costs and funding to develop a Dog Park on either a temporary or permanent
basis; and 3) If a dog park is developed on a temporary basis, direct the Park Planning and
Development Commission to evaluate potential sites for a permanent Dog Park and the long term
uses of Y orba Park.
Council Ouestions
TAPE 1210
Mayor pro tern Cavecche asked about the process for this conceptual plan and if it followed
normal procedures.
Mr. Wann explained the City receives numerous requests for park amenities, and the request for
a dog park originally came as a very informal request but picked up a lot of momentum.
Councilmember Coontz asked about the other sites that were looked at for a potential dog park;
and asked for a status on the widening of Chapman Avenue.
Mr. Wann stated staff looked at various sites for a potential dog park site, including the EI
Modena Basin, Hart Park and the City's Corporation Yard, but there were problems with each of
the sites.
Mr. Roger Hohnbaum, Assistant City Engineer, reported the City is currently working on
preliminary plans for the Chapman Avenue widening and they expect it to be underway early
next year.
Councilmember Alvarez asked about the status of the methane gas monitoring.
Mr. Wann reported the gas levels have been below the 5% acceptable threshold for months and it
appears it is now at acceptable levels.
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CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche asked about the watering requirements for the park and possible
problems with overwatering.
Alice Angus, Community Development Director, stated in terms of mitigation, it would only
come into effect if the project is approved. She also noted the property is zoned Open Space
Parks.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 1500
The following people spoke in favor of a dog park at Yorba Park. Their comments included:
this is a much needed recreational area for the citizens of Orange; there have been fundraising
and educational efforts through the Orange Dog Park Association; the Dog Park Association has
raised approximately $20,000 toward this park; the amount of overall park space can
accommodate a small area for dogs; the methane gas has been mitigated; socialization and
exercise is good for dogs; a dog park would benefit the entire community; the Council approved
a dog park in concept in August 2000.
. Sandy Norell, 3319 Chardonnay Lane
. Arlen Craig, address on file
. Sue Craig, address on file
. Sandy Sladen, 600 E. Jefferson
. Rick Cryder, address on file
. Cynthia Morgan, 4900 E. Chapman #21
. Tom Moore, 209 Calle Alta
. Sally Cryder, address on file
. Jeannine Lawrie, address on file
. Linda Armbruster, 1288 N. San Remo
. Stephanie Holcomb, address on file
. Will Hagin, 1110 E. Almond #2
Note: Councilmember Alvarez left the dais at 8:05 and returned at 8:15 p.m.
The following people spoke in opposition to a dog park at Yorba Park. Their comments
included: there is a concern for the safety of nearby children; a dog park next to a YMCA or
pre-school is irresponsible; a larger and more suitable site should be found for a dog park; plans
should be sent back to the Park Commission for redesign; this should remain a neighborhood
park and not a regional park; there are already too many activities in this vicinity; the historical
significance of the park has been lost in the design; there are not adequate City funds for a dog
park; mitigation costs are extreme and costly; the Park Commission recommended not to
approve the conceptual plan.
PAGE 14
CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
. Susan Rickmeyer, 2535 Burly Ave.
. Roger Bonzer, 2548 E. Burly Ave.
· Suzanne Counts, 247 S. Rosalind Dr.
· Faye Carroll, 354 S. Tracy Lane
· Jerry Rickmeyer, 2535 Burly Avenue, submitted his written comments
. Bob Dargatz, 2534 E. Burly Ave.
· Adrienne Gladson, 3403 E. Lambeth Ct. #A
· Roberta Bonzer, 2548 E. Burly Ave.
. James F. Coveney, 346 S. Tracy Lane
· Mary Dargatz, 2534 E. Burly Avenue, submitted photographs
· Jerry Carroll, 354 S. Tracy Lane
. Frank Sciarra, 226 S. Craig Dr.
· Charles Schroeder, 2752 Burly Avenue, submitted written comments
· Gary Minnick, 2521 Burly Ave.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy clarified the final report of the Orange Unified School District Facilities
Advisory Committee (FAC) states that Parkside School will not be reopened as an elementary
school and will remain as an ROP facility and childcare facility. The FAC is an advisory
committee of appointed citizens who have analyzed District facilities and have come back with
recommendations for uses and locations.
Councilmember Ambriz expressed concern that this decision to not reopen Parkside School
could change at a later date.
Councilmember Coontz pointed out Parkside is a very small facility and has been well utilized
by the Rap program.
TAPE 4100
In response to citizen comments, Mayor Murphy asked for clarification on the Chapman Avenue
widening and the methane gas issue.
Mr. Wann indicated the conceptual plan was developed taking into consideration the Chapman
Avenue widening.
The City Manager indicated the City is required, under the law, to monitor the methane gas
levels. The first $350,000 came from the County from a settlement; but the City is required
under the Local Enforcement Agency, a division of the Integrated Waste Management Agency,
to perform monitoring at this site.
Councilmember Alvarez asked about the activities in the vicinity of Yorba Park and what
involvement the City has with those activities.
PAGE 15
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CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Wann reported the YMCA is not on City property and the City does not always know what
activities are going on there; but they do operate basic YMCA programs and after-school
programs. The City is also not involved with the BMX programs, but they seem to have
adequate parking and parking has not been a problem from that facility.
Ms. Angus also pointed out the City has no jurisdiction over the uses of the adjacent School
District and ROP site.
Mayor pro tern Cavecche asked for clarification on the large number of proposed parking spaces;
why the EI Modena basin was not chosen as a site for a dog park; the bathrooms at Yorba Park;
who would be responsible for the clean up and maintenance at Yorba Park; and wanted to ensure
everything was mitigated for the NPDES requirements and for watering seeping through into the
water table.
Ms. Angus reported the proposed number of parking spaces was determined by a survey of other
dog parks, tot lots and softball fields during peak times and combined into a total number of
required spaces.
Mr. Wann reported the Orange County Flood Control District was extremely restrictive when
approached about a dog park at the EI Modena basin; the bathrooms at Y orba Park are not
functional at this time and there are no bathrooms planned with a temporary dog park site; the
City plans to have the Dog Park Association enforce, police and clean up a temporary dog park
site, but staff has recommended approximately $12,000 to $15,000 for yearly maintenance,
which may include City personnel patrolling and monitoring the area. He also reported
everything is covered for NPDES requirements and will create the berm along the entire westerly
site.
Ms. Angus reported that even for a temporary dog park, the City will look at getting a permit for
storm water pollution prevention. This is a permitting procedure the City still has to go through.
TAPE 4720
Councilmember Coontz clarified the Park Planning and Development Commission is an advisory
committee, appointed by the Council, and answers to the Council. They make recommendations
to the Council and have been doing a great job.
Mr. Wann explained the Park Commission is not against a dog park. The Commission looked at
this site and this amenity and then looked at a long list of priorities, and believed there were
other priorities that should be looked at before this.
Councilmember Coontz agreed the Master Plan of Parks is a living document, and it was only a
few years ago that it was realized there was something called a linear park, such as Santiago
Creek. There is also now more interest in bicycle, hiking and horse trails; and there have even
been requests for skateboard parks.
PAGE 16
CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz expressed concern on the methane gas issue, listed signs and symptoms
of methane gas over-exposure, asked if the park is safe, and asked what the reason is Yorba Park
has not been reopened.
Mr. Wann explained a decision was made not to open Yorba Park until there was a culmination
of meetings, discussions and community input. He stated the park is safe.
The City Manger stated when the park was closed the City was unfamiliar with the issue of
methane gas. There were some facilities on the site that were cleared off so there was not a
chance of methane gas accumulating in any structures. The City did not want to create an
opportunity for liability for something that there was not a real critical need for. Sports were
moved to another location and there was a need to accumulate all information before a decision
was made to open the park. He stated under the regulations of the Integrated Waste Management
District, the City has to be very cautious about penetrating the cap so as not to fall into the
category of opening a landfill, which requires more environmental studies and becomes very
involved and expensive. The system in place does not extract methane, it creates a barrier from
it going offsite.
In response to questions from Councilmember Ambriz, Mr. Wann stated there are concentrations
of methane gas in certain areas.
Mayor Murphy clarified the City is not borrowing any money to meet it's obligations; and asked
about the trail plans for the creek and if it will afford an opportunity for a connection to Grijalva
Park and the local area and also provide access to any historical plaque area.
Mr. Wann indicated the trail will provide a connection.
Councilmember Coontz indicated that historical plaques are symbolic and are not always
replaced in their exact same location; and appreciates that the historical plaque at Y orba Park
will be visible.
Councilmember Alvarez asked about the liability issue of the ground settling at Yorba Park.
Mr. Wann agreed the ground is always settling and signs will be posted indicating this.
Council Comments
TAPE 5440
Councilmember Alvarez stated he was on the Council when a dog park at this location was
approved in concept, noting his word on that is important to him. He would like to see this park
opened up, but the City is not fiscally prepared to put in softball fields or tot lots as there are
other needs at other parks. He could agree to a temporary use of a dog park as the Council needs
to follow through on what was promised to the Dog Park Association. He stated there needs to
be future discussions on the long term picture for the highest and best use of this site, as there
may be uses other than a park for the long term use. He recommended approving a temporary
PAGE 17
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CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
dog park use as proposed and the rest of the park be opened as a passive park space. There also
needs to be a review process to look at the performance of the Dog Park Association in
maintaining the park and which also allows the neighborhood to review the behavior of the dog
park users, because if a dog park is allowed, it needs to be a good neighbor.
Councilmember Coontz stated she favors Alternative 3 and although she does not know exactly
what the School District has in mind, she did not think the District will re-use Parkside as an
elementary school and that it will stay as an ROP center. A dog park was promised and money
was raised, and the Council should honor its promises. People will always come from other
areas as a park is an open invitation to everyone and always will be. She expressed concern that
in approving a final conceptual plan, there is not adequate money to proceed with the plan; and it
should be indicated money is not available and the situation should be reviewed on a regular
basis as things can change at the other surrounding uses. The City needs to look at other sites for
a dog park as this needs to be a temporary site. The City also needs a clear idea of what the
responsibilities of the Dog Park Association is and if the Association is able to raise more
money; but the balance of the financial commitment should be the City's. Maintenance has to
continue and the park needs to be open to the public, but it can not be formalized as to the use of
the park under the Master Plan at this time.
Mayor pro tern Cavecche stated she has no problem approving a conceptual plan before money is
available as grants can be applied for. She also stated that when she first came on the Council,
she assumed the park was closed because it wasn't safe, and was surprised to hear staff was
waiting for Council direction. She agreed the park should be reopened, and although there could
be liability problems and bathroom problems, as long as signs are posted to this effect, the park
should be reopened. She was concerned that a No vote on this would be seen as a No vote to a
dog park in general. She has no problem with the dog park concept, and has even been working
with other agencies in trying to find another site. She has visited other dog parks and some are
great, because of their location; and she was concerned this may not be the best location for a
dog park. She was also concerned about the cost of opening even a temporary dog park, noting
the Council has had to delete other items from the budget. She was unwilling to overturn the
decision of the Park Commission; and would like to look for another location.
Councilmember Ambriz personally apologized to the Dog Park Association because it has taken
so long to get to this point and the Association was told to raise money for a dog park. He
expressed concern about the safety issues with the ground, traffic and the methane gas issue. He
agreed the park needs to be opened but would like to have staff work with the Dog Park
Association in exploring funding opportunities maybe through pet shops and foundations and
through advertising with banners to help generate revenue. Funds are tight and not available to
fund this master project; and suggested looking at other sites for a dog park.
TAPE 6640
Mayor Murphy pointed out this site started out as a dump and then was converted over to active
sports fields; and the City has tried to gather as much information and public input as possible.
He personally was not sold on the idea of investing money for permanent facilities that would
PAGE 18
CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
have to be maintained; and uses such as a dog park and a passive use would be perfect uses for
this type of site. He did not think noise would be an issue, as this site is adjacent to a freeway
and a major highway, and any dog noise would be substantially less. Mitigation measures for the
methane gas issue are in place. The City needs to explore additional fundraising efforts as an
alternative, as there is not adequate City funds. He suggested moving forward in approving the
Mitigated Negative Declaration and put together a plan for deploying the dog park portion of the
site and opening up the rest of the park as a passive park only. In talking with the School
District, there is adequate parking for the ROP facility, and the District is not planning to open
Parkside for an elementary school. He suggested the concept can be approved and any
individual specific use can come back for final approval.
Councilmember Coontz pointed out if this plan were approved, it does not mean it will be
immediately developed.
Councilmember Alvarez asked if approval of the conceptual plan locks the City into this specific
use; or could the property be used for another use in the future.
Ted Reynolds, Assistant City Attorney, explained when the County conveyed this property to the
City 40 years ago, there was a requirement that it be used only for a park; and if it wasn't, it
could revert back to the County. There is a provision in state law that a mutual agreement could
be reached with the County that this site could be used for other purposes, but the use ofthe site
would have to be for a public purpose; and another site would have to be found for a replacement
park.
The City Manager stated the Council can direct staff to further investigate these issues with the
County, and come to an understanding, or clear the title on the property, and come to an
agreement with the County for its future use.
Councilmember Coontz clarified that if a different use were considered for this site in the future,
the City would have to find another site for a park to make up for what would be lost; but did not
think this should be part of the discussion.
Mayor pro tern Cavecche asked if the conceptual plan has to be approved for just a dog park use.
Mr. Reynolds clarified that the Council can approve that portion of the conceptual plan that
delineates the dog park.
Council Action
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
NOES - Cavecche
Move to approve Mitigated Negative Declaration No. 1674-01
PAGE 19
CITY COUNCIL MINUTES
August 26, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
NOES - Cavecche
Move to approve the Conceptual Master Plan for Yorba Park as it pertains to the dog park and
passive park portions.
MOTION - Murphy
SECOND - Alvarez
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Move to direct staff to come back to the Council, within 60 days or sooner, recommending
improvements, costs and what funding sources there mayor may not be for the dog park and
passive park portions and any other issues they deem important; and incorporate comments of
the Council concerning signage, funding issues, review process, looking at long range
evaluations of a potential permanent site for a dog park; the nature of the relationship between
the Dog Park Association, the City and the neighborhood, the financing and funding
opportunities.
14. PLANNING AND ENVIRONMENT _ None.
15. ADJOURNMENT
MOTION - Coontz
SECOND - Ambriz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 9:50 p.m. The next regular Council meeting is September 9,
2003.
t44~".A'.,.a{!iil/!.-d~"--/ 4A7
CASSANDRA J. ICART, CMC
CITY CLERK
tJfjt~f#t
MAYOR
PAGE 20