9/23/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 14, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 23, 2003
The City Council of the City of Orange, California convened on September 23, 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 Dr. Allan Stark, Orange Rotary
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
(Councilmember Alvarez left the meeting at 5:45 p.m.)
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Service Awards:
Sarah Short - Police (not present); Dan Vu - Public Works; Phillis Gomez - Police (not
present); Craig Schmelter - Police (not present); Rena Davis - Fire (not present); Jeff
Burton - Police (not present); Frank Eickhoff - Fire ( not present); Steve Foster - Fire
(not present); Thorn Hesketh - Fire (not present); Mark Spreeman - Fire (not present);
Mike Swanson - Fire (not present); Sherry Hari - Library.
Resolution No. 9772 was presented to Rich Kollen of the Community Services
Department on his retirement. With Council's concurrence, the Mayor declared
Thursday, September 25, 2003 as Rich Kollen Day in the City of Orange.
Teen volunteers from 2003 Library Summer Reading Club, were recognized by Library
Services Director Nora Jacob and Senior Librarian Rosanne Miller.
Representatives from the Santiago Creek Greenway Alliance and Equestrian Coalition of
Orange County were recognized and thanked for their work on the 7'h annual Watershed
Cleanup Day of the Santiago Creek. Citizens were encouraged to contact the City at
744-5597 to volunteer for future projects.
Proclamation for Community Foundation of Orange Month was presented to Foundation
President Roger Hobbs. A fundraising event for the Community Foundation will be held
on October 22nd.
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CITY COUNCIL MINUTES
September 23, 2003
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
A $657 donation was presented to Community Foundation of Orange's President Roger
Hobbs from Immanuel Lutheran Church's Head Elder Dale Newcom.
2.
PUBLIC COMMENTS
TAPE 1100
Mary Dargatz, 2534 Burly, distributed photos of traffic problems occurring at the BMX
facility near Y orba Park the previous weekend; and asked for assistance with these
traffic issues.
Mayor pro tern Cavecche reported she had gone out to the site the previous weekend to
check on the traffic problems, noting the park was closed and nothing was happening on
the City site. She had spoken with a School Board member who was not aware of the
event and who will look into it; and she stressed the need for increased communication
with the School District on events such as this.
Arlen Craig, address on file, spoke on the need for additional park and open space and
asked for an update on the deficit of parks and playing fields in Orange.
Howard DeCruyenaere, Santiago Creek Greenway Alliance, 2417 N. Park, Santa Ana,
thanked city staff and the volunteers who assisted with the creek clean up and spoke on
the bicycle trail construction which will provide a link between Yorba Park and Hart
Park.
3.
CONSENT CALENDAR
TAPE 1450
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 September 23, 2003 at Orange Civic
Center City Clerk's Office, north facing kiosk, Main Library at 101 N. Center
Street, Police Facility at 1107 North Batavia and Shaffer Park; all of said locations
being in the City of Orange and freely accessible to members of the public at least 72
hours before commencement ofsaid 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 September 4, 11,2003.
ACTION:
Approved.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
3.3 Request approval of City Council Minutes, Regular Meeting, September 9, 2003.
Note: Mayor pro tern Cavecche abstained on this item as she was not present at the 4:30
Session of the September 9th meeting.
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 August 31, 2003.
ACTION:
Received and Filed.
3.6 Receive and file the Investment Oversight Committee Fourth Quarter Report for
the Quarter Ending June 30, 2003.
ACTION:
Received and Filed.
AGREEMENTS
3.7 Renewal of the agreement between Berryman & Henigar, Inc. and the City of
Orange for Plan Checking services. (A2IOO.0 AGR-3581.B)
SUMMARY: The City Council is requested to approve a new Consultant Services
Agreement between Berryman & Henigar and the City of Orange for Fire Department
Plan Review Services in an amount not to exceed $40,000. The Fire Department is
requesting the Consultant Agreement to provide for continued Fire Department Plan
Review Services. Plan Review fees paid for by the builder offset the costs for Plan
Review services.
ACTION: Approved the agreement with Berryman & Henigar, Inc. for Plan Review
Services in an amount not to exceed $40,000 and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funds have been budgeted in the following account to pay Berryman
& Henigar, Inc.:
100-3012-427800 - Other Contractual Services - $35,000
100-3012-426700 - Other Professional and Contractual Services - $5,000
BIDS
3.8 Bid No. 034-14, Annual Street Maintenance Asphalt Concrete Overlay at Various
Locations, Fiscal Year 2003-04; SP-3456. Approval of Plans and Specifications and
authorization to advertise for bids. (S4000.S.7)
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CITY COUNCIL MINUTES
September 23,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous city streets under the Street Maintenance Program. The proj ect is ready to
be advertised. The estimated construction cost is $1,020,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Street Maintenance Asphalt Concrete Overlay Contract at Various Locations, FY
2003-04.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-5021-483300-3120
500-5021-481105-4997
Total
$1,000,000
$ 150.000
$1,150,000
Local Street Maintenance
Municipal Parking Lot Maintenance
3.9 Bid No. 034-IS, Annual Service Contract for Concrete Replacement at Various
Locations, Fiscal Year 2003-2004; SP-3407. Approval of Plans and Specifications
and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Annual Service
Contract for Concrete Replacement at various locations, FY 2003-04 project. The project
is ready to be advertised for bids. The estimated construction cost is $132,300.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Service Contract for Concrete Replacement at Various Locations, FY 2003-2004
project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
262-5021-427100 (Measure M - Contractual Services) $202,000
3.10 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, is the recommendation of the City Attorney's Office that the
claim( s) be denied.
a. Robert E. Roy
b. Kensington Village HOA
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
September 23,2003
3. CONSENT CALENDAR (Continued)
CONTRACTS
(REMOVED AND HEARD SEPARATELY) TAPE 1500
3.11 Award of Contract - Bid No. 034-02 - AHRP Glassell Street Rehabilitation from
Walnut Avenue to Mayfair Avenue (SP-3426). (A2100.0 AGR-4362)
SUMMARY: The bids were opened on August 28, 2003. Ten (10) bidders responded to
the invitation for bids. The apparent low bidder is Alliance Streetworks, Inc. of Anaheim
for $396,501.00. The Engineer's Estimate is $525,118.00, which is 32.44% higher than
low bid.
Discussion
Councilmember Ambriz asked for clarification on the terms clearing and grubbing and
why there was such a huge discrepancy on this item between bidders; and asked about
change orders.
Harry Thomas, Public Works Director, explained that clearing and grubbing is
mobilization to begin work and involves miscellaneous demolition and removal of
improvements that are not incorporated in the project. Many contractors load
administrative costs in this item and it is not unusual to see big discrepancies between
contractors. He explained a contractor can not exceed the bid amount unless there is a
change in the work ordered by the City, which results in a change order, if the contractor
encounters substantially changed conditions on the site that necessitate extra work, or if
the actual quantities turn out to be different than the amount shown in the bid. The
amounts in the original bids are estimates for the purposes of comparison, and although
they are as accurate as possible, conditions can change. Change orders over 10% are
brought back to Council for approval.
Councilmember Ambriz asked if the proposals are evaluated for past performances and
safety records.
Mr. Thomas reported the City is obligated to award public works contracts to the lowest
responsible bidder. Credentials and references are requested, but disqualification of the
lowest responsible bidder is difficult to do. A bid would have to be determined to be
non-responsive or non-responsible. Contractors are also required to comply with OSHA
requirements, and citations by OSHA can result in a contractor losing a license; but if a
contractor has a valid license, there is not much latitude to disqualify a contractor.
MOTION - Ambriz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Awarded the contract in the amount of $396,501.00 to Alliance Streetworks,
Inc., 3837 E. Eagle Drive, Anaheim, CA 92807, and authorized the Mayor and City Clerk
to execute on behalf of the City.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are available in Fiscal Year 2002/2003 Capital Improvement
Project in the following accounts:
550-5011-483300-3224
272-5011-483300-3224
262-5011-483300-3224
AHRP
Gas Tax
Measure M
Total
$278,000
120,000
153.000
$551,000
DONATIONS
3.12 Request to accept into the City's revenue budget and to appropriate a $15,000
donation from the Friends of the Orange Public Library for library books. (C2500.I)
SUMMARY: The Friends of the Orange Public Library donated $15,000.00 to purchase
library books. Acceptance of this revenue and its appropriation into the FY 03-04 budget
are requested.
ACTION: Accepted into the City's revenue budget a $15,000.00 donation from the
Friends of the Orange Public Library, into account # 100-2001-293900-9986 (Patron
Donations of Materials); appropriated the Friends' donation to account # 100-2001-
443101-9986 (Patron Donations of Materials).
FISCAL IMPACT: The Library's available funds for books will increase by $15,000.00
in FY 03-04 thanks to this donation from the Friends of the Orange Public Library.
FACILITIES
(REMOVED AND HEARD SEPARATELY)
3.13 Request to open and use the Main Library on Thursday evening, October 9, 2003,
for a community open house to provide an update on the Main Library expansion.
(C2500.I)
SUMMARY: City Council authorization is requested to open and use the Main Library
from 7:00 to 8:30 p.m. on Thursday, October 9, 2003, for a community open house
updating residents on progress ofthe Main Library expansion.
Discussion
Councilmember Ambriz asked for a report on this item.
Nora Jacobs, City Librarian, reported that on October 9th City staff and the contractor for
the Library expansion will be available at an open house to provide the public with an
update on the expansion project. This event will be advertised on Channel 3, in the
newspapers and with fliers in the Libraries. Those in attendance at the previous planning
sessions will also be invited to attend. The Library Foundation is also hosting a
reception to introduce the Local History Web site and report on the Library expansion on
Thursday, September 25th.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved request to allow use of the Main Library from 7:00-8:30 p.m. on
Thursday, October 9,2003, for a community open house on the Main Library expansion.
FISCAL IMPACT: The cost of 1.5 hours' electrical power usage at the Main Library is
the only direct fiscal impact involved. Indirectly, a few staff members - e.g., the Library
Director and management team - will adjust their work schedules so they can be present
that evening; no overtime will be charged. No library supplies are involved.
3.14 Request for early closure of the Orange Public Library facilities to the public on
Wednesday, November 26, 2003. (C2500.I)
SUMMARY: Early closure of the Main Library and the Taft and EI Modena Branch
Libraries (e.g., at 6:00 p.m. rather than 9:00 p.m.) is requested due to lack of anticipated
public use the night before Thanksgiving Day.
ACTION: Approved closure of Orange Public Library facilities to the public at 6:00 p.m.
Wednesday, November 26,2003.
FISCAL IMP ACT: None. Staff hours will be shifted on November 26 to begin earlier in
the day, e.g., at 8:00 a.m. or 9:00 a.m. rather than at 12 noon for those who normally
work evenings.
PARCEL MAP
3.15 Parcel Map No. 2002-165 - Request for approval. (C2500.M.16.2)
SUMMARY: Parcel Map No. 2002-165 creates two parcel numbers 1 and 2 to
accommodate a new single-family residence on parcell located at 3515 East La Veta
Avenue.
ACTION: Approved the Final Parcel Map No. 2002-165, and accepted dedication of La
Veta Avenue for street and public utility purposes, as shown on the Parcel Map.
FISCAL IMPACT: None.
REPORTS
3.16 Report on Freeway Destination Guide and City Identification Signing. (HI200.0)
SUMMARY: There is a lack of consistency in providing city identification signing at the
city limits in advance of exits serving the City and at overhead off-ramp locations where
street names only are generally provided. It is desirable to inform motorists as to which
city they are in and which off-ramps serve specific cities.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Requested Caltrans to review the matter of enhanced city identification
signing for the City of Orange.
FISCAL IMPACT: No current fiscal impact. There may be future undetermined fiscal
impact, depending upon which signs Caltrans agrees to install at State expense.
RESOLUTIONS
3.17 RESOLUTION NO. 9518 (H1200.0)
A Resolution of the City Council of the City of Orange supporting the City of Anaheim's
request to have Caltrans add the name "Anaheim" to the thirteen existing directional
signs along the northbound State Route 55 Freeway from John Wayne Airport to State
Route 91 Freeway.
ACTION: Approved.
3.18 RESOLUTION NO. 9771 (S4000.S.3.1.1.1)
A Resolution of the City Council of the City of Orange to reserve 13 on-street parking
spaces in the downtown plaza for a special event.
Note: Councilmember Alvarez abstained due to property ownership within 500 feet of
the subj ect property.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.19 RESOLUTION NO. 9775 (N1200.0 1674-01)
TAPE 2125
A Resolution of the City Council of the City of Orange making certain findings under the
California Environmental Quality Act and approving a portion of the Conceptual Master
Plan for Y orba Park.
Discussion
Mayor pro tern Cavecche spoke on the concerns expressed earlier in the meeting about
the traffic problems in the Yorba Park area; and suggested giving direction to staff about
communicating with the School District and to start looking at possibly gating the
entrance to Y orba Park, either with a chain or sliding gate, so that if the city is not able to
come to a mutual agreement with the School District, it would be possible to restrict
access to the park after hours.
Councilmember Coontz stated she had talked to the ROP County Director who talked
with the School District several years ago, when a bus center was proposed at the ROP
Center. She noted the School District owns the ROP property and although the City
cannot intervene, the City can ask the District for cooperation. The Director also
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
attempted to work with the District on the landscaping at the ROP site, because although
it is a very active facility, it is not the best looking facility.
Roger Bonzer, 2548 E. Burly, spoke on the need to work with the School District and
other groups who use the Y orba Park parking lot.
Mayor Murphy stated that the City was able to share the parking while the Park was
closed, but with the park reopening, the City will not be able to share that parking; and
other facilities will need to come up with their own parking solutions.
Councilmember Coontz stated she understood ROP, in talking with the County Director,
had a plan to increase the parking on their own site. She did not know if they have
moved ahead with that plan or had the money to do so or permission from the OUSD.
The City needs to find out whether the plan is going forward.
Mayor pro tern Cavecche stated in approving the conceptual plan she would also like to
address the parking issue and look at restricting access in some way after hours.
Councilmember Ambriz clarified there was already an Ordinance in place that deals with
parking in parks over night; asked if there was going to be a plan in place for who can
use the Park parking lot; and expressed concern about the enforcement of the parking
issue, especially on weekends.
Mayor Murphy reiterated that the other facilities are going to have to create other parking
resources for their uses and coordinate activities between the YMCA, the School District
and the BMX facility. He stated that maybe the Police Department, or even the School
District security, should have been contacted about the parking problems the previous
weekend.
Councilmember Ambriz noted the dog park was approved on a temporary basis, but the
word temporary was not in the Resolution; and asked staff to follow up on the need to
address the parking issues on Y orba Street.
Mayor Murphy suggested staff can bring back proposals and recommendations on how
to implement enforcement issues.
Councilmember Coontz noted there has been a change in the Facilities Manager at the
School District. She also noted the YMCA owns the property to the south of them,
which is vacant, and maybe the YMCA could lease that property to ROP with some
reciprocity, and maybe use the property for parking which would help both the YMCA
and ROP.
Mayor pro tern Cavecche noted that she had originally voted against this, but the
majority of the Council approved the dog park use. However it was approved as a
temporary use, but that is not indicated in the Resolution.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
Mayor Murphy indicated that final implementation of any specific use has to come back
for Council approval.
The City Attorney stated staff can include the word temporary, but that can be
ambiguous. Council will get a report back from staff with funding specifications,
mitigation measures for a dog park, and direction can be given at that time on the length
of time for the dog park.
Councilmember Coontz noted Mary's Kitchen was supposed to be temporary, and it has
been at the same site for approximately II years.
Mayor pro tern Cavecche noted that the majority of the Council had approved this item
previously.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved Resolution No. 9775; and directed staff to look at restricting,
monitoring or discussing with the School Distinct access to the park.
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 9776 (A4000.0 APP 492)
A Resolution of the City Council of the City of Orange certifying the adequacy of Final
Environmental Impact Report No. 1647-00 prepared for the Fieldstone Communities
Project generally consisting of a six-acre public park; 37.4 acres of open space and multi-
use trails; a two-acre horse stable; and 64 acres for 177 single family low density
residential units. The development is bordered generally by Santiago Canyon Road to
the south, Cannon Street to the west, the Mabury Ranch Development to the north and
the Reserve Development to the east.
Applicant: Fieldstone Communities, Inc.
Discussion
David DeBerry, City Attorney, reported staffis requesting a continuance to make sure the
maps and staff reports are consistent and simplified.
Mayor pro tern Cavecche asked why this was agendized if staff was not prepared; as she
was very disappointed this had to be continued.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
John Sibley, Assistant City Manager, explained this item was agendized with the hope
that all the details would be ready; however, staff was not able to finalize everything in
time.
Mr. DeBerry explained the motion at the public hearing was to bring back the
Resolutions as soon as possible, which staff tried to do; however, inaccuracies were
found in the exhibits after the agenda was set.
Mayor pro tern Cavecche apologized to the public who had come to the meeting for the
proposed continuance. She also asked about the proposed Exhibits E and F on
Resolution No. 9777. Exhibit F was not attached at all and asked that it be attached at
the next meeting; and Attachment E references the Environmental Impact Report, but is
not attached to the Resolution which deals with the Environmental Impact Report. She
suggested that all the technical documents be put together.
Mr. DeBerry reported Exhibit F is a spiral bound document which was provided at an
earlier meeting, which doesn't change other than the Errata Sheet attached to the
Resolution. Exhibit E was attached to Resolution 9777 because The Statement of
Overriding Considerations goes along with the approvals of the project and the General
Plan action is the first action to be taken and is actually approving the project.
Mayor pro tern Cavecche stated this is a very large document and is putting a lot together
and preferred that it be attached down the road. It seems like there are two separate items
being put together that really shouldn't be put together; and suggested maybe separate
resolutions. She also suggested a note should have been included to the effect that the
spiral bound document had already been provided.
Councilmember Coontz suggested a Table of Contents.
Mr. Sibley stated the points have been noted and staff will endeavor to put this large
packet together in a more organized manner.
Councilmember Ambriz stated that he may not be present at the October 14th meeting.
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Ambriz, Cavecche
Moved to continue Resolution No. 9776 to the October 14, 2003 Council meeting.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9777 (A4000.0 APP 492)
A Resolution of the City Council of the City of Orange approving a general plan
amendment to: (1) redesignate 7 acres of property located north of Santiago Creek, south
of Mabury Avenue from resource area to open space; (2) redesignate 15 acres of property
located north of Santiago Creek, south of Mabury Avenue from resource area to open
space; (3) redesignate 6 acres of property located north of Santiago Canyon Road and
east of Cannon Street from resource area to open space -public park; (4) redesignate 53.4
acres of property located south of Santiago Creek, north of Santiago Road and west of
the residential development known as "The Reserve" from resource area to low density
residential; (5) remove that portion of the property located north of Santiago Canyon
Road, east of Cannon Street, south of Santiago Creek and east of the study area
boundaries of the East Orange General Plan from the East Orange General Plan; and (6)
remove that portion of the property located north of Santiago Canyon Road, south of
Santiago Creek, west of "The Reserve" and Santiago Oaks Regional Park, and east of the
study area boundaries of the Orange Park Acres Specific Plan from the Orange Park
Acres Specific Plan.
General Plan Amendment No. 1-01
Applicant: Fieldstone Communities, Inc.
Note: See Item 3.20 for discussion.
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Ambriz, Cavecche
Moved to continue Resolution No. 9777 to the October 14, 2003 Council meeting.
(REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9778 (A4000.0 APP 492)
A Resolution of the City Council of the City of Orange approving: (1) Tentative Tract
Map 15750; (2) Minor Site Plan Review 249-02; (3) adopting conditions of approval;
and (4) denying Variance 2113-02 relating to development of an approximately II 0 acre
property generally consisting of a six-acre public park; 37 acres of open space and multi-
use trails; a two-acre private equestrian facility; and 64 acres of low density residential.
The development is bordered generally by Santiago Canyon Road to the south, Cannon
Street to the west, the Mabury Ranch Development to the north and the Reserve
Development to the east.
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CITY COUNCIL MINUTES
September 23,2003
3. CONSENT CALENDAR (Continued)
Tentative Tract Map No. 15750
Minor Site Plan Review 249-02
Variance 2113-02
Applicant: Fieldstone Communities, Inc.
Note: See Item 3.20 for discussion.
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Ambriz, Cavecche
Moved to continue Resolution No. 9778 to the October 14,2003 Council meeting.
NOTE: COUNCILMEMBER ALVAREZ LEFf THE MEETING AT 5:45 P.M.
SIGNS
(REMOVED AND HEARD SEPARATELY)
3.23 Appropriation of revenues from Coca-Cola and Signs of Support (C2500.N)
SUMMARY: The City receives revenues annually from Coca-Cola through its vending
machines located in City parks and from Signs of Support through its advertisement on
City maintenance vehicles. The department has collected $21,200 in revenues generated
from these partnerships. Staff has identified the need to provide financial support for the
city's recreation/library programs. The Community Services and Library Services
Departments recommend an appropriation from park revenue and library revenue
accounts in the amount of $21,200 to acquire tables, equipment and material for the
City's after-school recreation programs and children's programs at the library.
Discussion
Councilmember Ambriz asked about the process for the Signs of Support program and if
the City pays anything for this service. He also asked about advertising this program,
suggesting that even individuals may want to sponsor signs.
Gary Wann, Community Services Director, reported it does not cost the City anything for
this program, but the City is very hands on with the process. The City does not solicit
businesses but does occasionally assist the representative from Signs of Support with
leads. It costs a business $100 per month to advertise on a City vehicle and the City
receives half of that money, which equates to $600 per year per vehicle. He stated the
project has just recently taken off, and advertising of the program has not yet been
determined.
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CITY COUNCIL MINUTES
September 23, 2003
3. CONSENT CALENDAR (Continued)
Councilmember Ambriz asked how this advertising is different than the advertising in the
Orange Progress; and suggested the City look at cost effective measures with
opportunities to raise money.
John Sibley, Assistant City Manager, stated the Signs of Support program is a program
where someone else does most of the work and the City receives revenue. The Orange
Progress advertising would be a staff effort and would require a lot of time on the City's
part.
In response to questions about limiting advertisers and first amendment issues, the City
Attorney stated the City can limit advertisers. It depends on whether the vehicle that is
being used for the advertisement is a traditional public forum or not. The less it is a
traditional public forum, the more discerning a public agency can be as to what
advertisements are allowed.
MOTION - Ambriz
SECOND ~ Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Appropriated funds from Coca-Cola and Signs of Support as follows:
100-7001-471301-1026 (Furniture, Machinery and Equipment-Coca-Cola $ 7,100
100-7011-443800-1025 (Other Rec Supplies-Signs of Support) $ 9,700
100-2001-426700-1025 (Other Professional & Consulting
Signs of Support)
TOTAL
$ 4.400
$21,200
FISCAL IMPACT: None
TRACT MAP
3.24 Request from Centex Homes to approve the recordation of Final Tract Map No.
16454. (T4000.0 TRT 16454)
SUMMARY: Centex Homes is requesting the City Council approve the recordation of
Tract Map No. 16454 located at the end of Serrano Avenue and east of Orange Park
Boulevard. This map is the last remaining residential project in the Serrano Heights
Development, Phase Two, approved by Council as part of Tentative Tract Map 14360.
All plans have been approved, fees paid and bonds posted to guarantee improvements.
ACTION: Approved the request from Sun Cal Companies for the recordation of Final
Tract Map No. 16454.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
September 23,2003
3. CONSENT CALENDAR (Continued)
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.11, 3.13, 3.19, 3.20, 3.21, 3.22, 3.23 were removed and heard separately. Mayor
pro tern Cavecche abstained on Item 3.3. Councilmember Alvarez abstained on Item
3.18. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR MURPHY - None.
TAPE 2900
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Confirm nominations of Orange Elderly Services, Inc. Board of Directors
(Terms to expire 2006) (OR1800.0.21)
Richard Alarcon, Neil Mansdorf and Chuck See
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to confirm the nominations of Richard Alarcon, Neil Mansdorf and Chuck See to the
Orange Elderly Services Board of Directors (terms to expire 2006)
7. ADMINISTRATIVE REPORTS
7.1 Report from the Police Chief pertaining to the allocation of Local Law Enforcement
Block Grant (LLEBG) 2003 funds. (C2500.K)
SUMMARY: The U.S. Department of Justice has made funds available under the FY 2003
LLEBG Program. Under this Program the City was allocated $75,605. This grant requires a
cash match of $8,401, for a total award of $84,006. The City's FY 2003 Award date was August
23, 2003, and it has until November 22, 2003 to request these funds for purchases of equipment
and technology related to law enforcement. The Advisory Board made a non-binding
recommendation to allocate LLEBG 2003 funds and the cash match for the purchase of laser
speed control guns for traffic (replacing the radar guns), Property barcode inventory system,
Property freezer storage system, Forensic Unit photography equipment, VisionAIR citation
tracking software, Armory gun cleaning station, and Narcotic Unit vault storage system.
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CITY COUNCIL MINUTES
September 23, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Captain Bob Gustafson provided a report.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
I) Appropriated funds for the LLEBG 2003 to the Police Administration Program for equipment
as follows:
353-4011-471301-2243 (Federal Police Grants) $75,605
355-4011-471301-2243 (Federal Asset Forfeiture - 10% cash match) $8,401
2) Amended the FY 2003-04 Revenue Budget to reflect the receipt of the $75,605 grant revenue
to account # 353-4011-264500-2243.
FISCAL IMPACT: There is no fiscal impact to the Federal Police Grant fund as the
appropriation is offset by grant revenue. Unreserved fund balance is available in the Federal
Asset Forfeiture Fund. After appropriation, funds will be available in the Administration
Program budget for the LLEBG grant and cash match as follows:
353-4011-471301-2243
355-4011-471301-2243
$75,605
$ 8,401
Equipment
Equipment
8.
REPORTS FROM CITY MANAGER
TAPE 3020
8.1 Ordinance No. 19-03 and Resolution No. 9773 relating to parking time limits on
Plaza Square and certain streets serving the central public square and circular plaza at
Glassell Street and Chapman Avenue, and municipal parking lots serving the central public
square and circular plaza at Glassell Street and Chapman Avenue. (A2500.0 Plaza
Parking)
SUMMARY: The proposed ordinance will remove the fee rates for parking permits within City-
owned parking lots serving the Plaza and setting those fees in the City's Master Schedule of Fees
and Charges. The proposed ordinance will also change the parking time limit from one-hour to
two at Plaza Square and certain other streets serving the Plaza and from two hours to three in
certain municipal parking lots serving the Plaza. In addition, the ordinance authorizes the City's
Traffic Engineer to make some administrative changes to the way in which parking time limits
are established. The proposed resolution will establish the fee payable for parking permits for
certain municipal parking lots serving the Plaza at $30 per month. The addition of one part-time
Parking Control Aide is proposed for increased parking enforcement.
Discussion
Barbara Messick, Sf. Assistant to the City Manager, provided a report. The purpose of this
proposal is to increase time limits on street parking from 1 to 2 hours; increase time limits in
public parking lots from 2 to 3 hours; increase parking enforcement; and increase permit parking
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CITY COUNCIL MINUTES
September 23, 2003
8. REPORTS FROM CITY MANAGER (Continued)
fees from $10 to $30 per month. The $10 fee has not been changed since 1987. There are
currently 1,020 spaces in all parking lots and 86 spaces are designated for permit parking. A
permit space is not a guaranteed space, it is a space that is marked which allows an individual
with a permit to park there longer than the restricted time limit. The general public can still park
in those spaces, but only for the time restriction. Six of the lots have no time limits. The City
currently sells approximately 100 permits a year, providing about $12,000 revenue at the current
rate. The increase in revenue will allow for enhanced maintenance of the lots. The downtown
merchants were surveyed and they indicated they were in favor of the increased time restrictions.
Councilmember Coontz asked ifthere is a cap on the number of parking permits sold, since there
are approximately 100 permits sold each year, but 86 permit spaces available.
Ms. Messick stated there is no cap on the number of permits sold, and the City has not received
complaints from permit holders that they can not find spaces.
Councilmember Coontz clarified that the permits are to accommodate employees of businesses,
but no ID is required when the permits are purchased. She noted that students and faculty from
Chapman University have used these spaces and there probably needs to be an understanding of
who is actually purchasing these permits. She stated that if the premise of the permit is to
accommodate employees of the local businesses, then the City needs to know who is actually
buying these permits.
Ms. Messick stated the application can be modified to require proof of employment. Staff will
also review the signage at each of the lots to avoid confusion on the permit spaces.
In response to questions form Councilmember Ambriz, Ms. Messick stated the downtown
merchants were not surveyed about the increase in cost and many were not even aware of the
permit parking program. The merchants were notified recently about a possible increase and
staff has received only one or two calls about the issue.
Councilmember Ambriz stated the proposed cost is not that much to be able to park all month in
a premier parking space.
Mayor pro tern Cavecche agreed that if the intent is to provide parking opportumhes for
businesses and residents, then the City needs to know who is purchasing the permits.
Mayor Murphy stated these recommendations are a result of going out into the Downtown
business community and polling their concerns; and the consensus seems to be that the
merchants want to give customers a long enough time to park in strategic areas so they can shop
and eat and spend dollars in Orange.
Councilmember Coontz noted the businesses have wanted longer parking times for quite a while.
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CITY COUNCIL MINUTES
September 23, 2003
8. REPORTS FROM CITY MANAGER (Continued)
ORDINANCE NO. 19-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending portions of Chapters I0.30,
10.34 and 10.42 of Title 10 of the Orange Municipal Code relating to parking time limitations on
Plaza Square and both permit parking requirements and parking time limitations on certain
municipal parking lots serving the central public square and circular plaza at Glassell Street and
Chapman Avenue.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved that Ordinance No. 19-03 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 9773
A Resolution of the City Council of the City Of Orange establishing parking time limits on Plaza
Square and certain streets serving the central public square and circular plaza at Glassell Street
and Chapman Avenue; amending and revising the Master Schedule of Fees and Charges as
authorized by Orange Municipal Code Chapter 3.10; and making certain findings related thereto.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to approve Resolution No. 9773; authorize the addition of one part-time Parking Control
Aide and appropriate $13,731 from General Fund unappropriated reserves to account 100-4041-
413102 (Police Department Traffic Services salaries); and direct staff to report back to Council
in one year on the issues discussed and how well the program is working.
FISCAL IMPACT: Requires an appropriation of $13,371 from General Fund unappropriated
reserves, which is anticipated to be fully offset by parking citation revenue in the downtown
area. The proposed monthly parking permit fee increase from $10 per month to $30 per month
for downtown parking permits is anticipated to generate approximately $24,000 additional
annual revenue which will be utilized for parking lot maintenance.
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CITY COUNCIL MINUTES
September 23, 2003
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 21-03 (FIRST READING) (A4000.0 APP 492)
An Ordinance of the City Council of the City of Orange approving the reclassification of the
following: (I) approximately 37.4 acres of property within the Santiago Creek Channel south of
Mabury A venue and north of Santiago Canyon Road from Sand and Gravel to Recreation-Open
Space; (2) approximately six acres of property north of Santiago Canyon Road from Sand and
Gravel to Recreation-Open Space; (3) approximately 32.20 acres of property adjacent to
Santiago Canyon Road and the Reserve Development from Sand and Gravel to R-I-8
(Residential, Minimum lot size, 8,000 sq. ft.); and (4) approximately 21.2 acres of property south
of Santiago Creek from Sand and Gravel to R-I-6 (Residential, minimum lot size 6,000 sq. ft.).
Zone Change 1208-00
Applicant: Fieldstone Communities, Inc.
Note: See Item 3.20 for discussion.
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Ambriz, Cavecche
Moved to continue Ordinance No. 21-03 to the October 14, 2003 Council meeting.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:30 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section
54956.8
I) 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
Note: Did not discuss
2) Property: Portion of 157 N. Grand
City Negotiators: Rick Otto and Nora Jacob
Negotiating Parties: City of Orange and First Presbyterian Church of Orange
Under Negotiation: Price and terms of payment
b. Conference with Legal Counsel - Significant exposure to litigation pursuant to
Government Code Section 54956.9(b). (one potential case).
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CITY COUNCIL MINUTES
September 23, 2003
11. RECESS TO CLOSED SESSION (Continued)
Note: Did not discuss
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations: Fire and Police Associations
d. 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.
12. ADJOURNMENT
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
The City Council adjourned at 6:57 p.m.. The next regular Council meeting is scheduled for
October 14,2003.
i(t1f'~/~(j'0 p G
E.MURPH
DEPUTY CITY CLERK
PAGE 20