6/22/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JULY 13, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 22, 2004
The City Council of the City of Orange, California convened on June 22, 2004 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 Ginny Erwin, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City Clerk Mary Murphy
1.3
ROLLCALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Murphy, Cavecche
Coontz
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of City of Orange Emergency Medical Personnel honored by the Orange
County Health Care Agency during the Emergency Medical Services Week "Salute to
Every Day Heroes",
Presentation of Resolution No, 9873, expressing appreciation to Leroy E. Striegel of the
Public Works Department and commending him for more than 35 years of loyal and
dedicated service to the City of Orange,
Presentation of Resolution No, 9874, expressing appreciation to Charles H, Glass of the
Public Works Department and commending him for more than 16 years of loyal and
dedicated service to the City of Orange,
The following employees received Service Awards:
Monica Jones - City Attorney; Matthew Cisowski - Fire (not present); Michael Smith-
Fire (not present); John Wiegand - Fire (not present); Robert Dunwoody - Fire (not
present); Erik Nogle - Fire (not present); Christina Goytia - Community Services;
David San Roman - Community Services; Wayne Winthers - City Attorney (not
present); Mark Matsuda - Community Services; Terry Remyn - Water; Sharon
Crawford - Economic Development (not present); Joseph Ramirez - Police (not
present); Randy Thompson - Police (not present); Dennis Weaver - Fire; Robert
Timboe - Fire; Victor Uribe - Pubic Works (not present); Ruben Gallegos - Public
Works; Robert Knaak - Public Works (not present),
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CITY COUNCIL MINUTES
June 22, 2004
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Proclamation honoring Parks and Recreation Month and National Aquatics Week -
presented to Eric Laronda, Addie Gillespie, Luis Marquez and Christina Goytia of the
Community Services Department.
Mayor Murphy announced a Memorial Adjoumment III honor of Bob Bennyhoff,
journalist and long time friend to the City.
2. PUBLIC COMMENTS
Mary Dargatz, 2534, asked the City to look into the safety and stability of the temporary
poles at Y orba Park.
Tom Anderson, Address on File, spoke on the Master Plan of Recreational Trails; and
thanked Councilmember Coontz for requesting an update on this matter,
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, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of June 22, 2004 at Orange Civic Center north facing
kiosk, Police facility at 11 07 North Batavia, Shaffer Park, all ofsaid locations being
in the City of Orange and freely accessible to members of the public at least 72
hours before commencement of said regular meeting; and available at the Orange
Civic Center City Clerk's Office and Main Public Library, 101 N. Center.
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 June 3 and 10, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, June 8, 2004.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
3.5 Receive and file the City Treasurer's Report, period ending May 31, 2004,
(C2500.F)
ACTION:
Approved,
AGREEMENTS
3.6 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
(A2IOO.0 Agr-1626.G)
SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,
breath and urine evidence for the Police Department. The proposed Agreement is for the
period July I, 2004 through June 30, 2005.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
CFP in an amount not to exceed $43,000 and authorized the Mayor and the City Clerk to
execute the agreement on behalf of the City.
FISCAL IMP ACT: Funds are budgeted for fiscal year 2004-2005 in the following
accounts:
100-4031-426700 (Detectives-Other Professional & Consulting Services) $17,000
100-4041-426700 (Traffic-Other Professional & Consulting Services) $26,000
3.7 Agreement between the City of Orange and VisionAlR, Inc. (A2IOO.0 Agr-3217.C)
SUMMARY: VisionAIR, Inc, is the vendor for the Police Department's computer-aided
dispatch and records management system (CAD/RMS), The Consultant Services
Agreement for software maintenance, for the period July 1, 2004 through June 30, 2005,
will provide continued support and upgrade services for these systems.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
VisionAIR, Inc, in the amount of $85,113,74 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City,
FISCAL IMP ACT: Funds are budgeted for fiscal year 2004-2005 in account number 100-
4011-427800 (Administration-Other Contractual Services) for this purpose.
3.8 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100.0mAgr-3559.D)
SUMMARY: The Orange Police Department Juvenile Diversion Program is an
alternative to formal processing of juvenile offenders who have exhibited personal or
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems, The Consultant Services Agreement is for the period July 1, 2004
through June 30, 2005,
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc, in the amount of $83,627; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City,
FISCAL IMPACT: Funds are budgeted for fiscal year 2004-2005 in account number 100-
4031-427800 (Detectives-Other Contractual Services),
3.9 Agreement between the County of Orange and the City of Orange for Provision of
Gang Prevention and Suppression Services. (A2100.0 Agr-1853.L)
SUMMARY: Since 1991, the City of Orange and the County of Orange have entered into
yearly agreements that have provided the City with the services of a full-time Probation
Officer specializing in gang prevention and suppression, The Probation Officer works in
conjunction with the Police Department's Gang Unit to provide supervision and
enforcement of court orders for minors and adults on probation under the existing policy
of the Orange County Probation Department and Superior Court, The proposed
Agreement is for the period July I, 2004 through June 30, 2005.
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for Provision of Gang Prevention and Suppression Services in the amount of
$97,293; and authorized the Mayor and the City Clerk to execute the Agreement on
behalf of the City,
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2004-2005 in
account number 100-4032-426700 (Gangs-Other Professional & Consulting Services),
3.10 Award of Contract for Professional Engineering Services for design of Fiber Optic
Traffic Signal Communication System. (A2100.0 Agr-4510)
SUMMARY: This agreement authorizes the Consultant to design a fiber optic
communications system for connection of the City's traffic signals to enhance traffic
flow.
ACTION: Approved the agreement with RBF Consulting in an amount not to exceed
$99,809 and authorized the Mayor and City Clerk to execute on behalf of the City,
FISCAL IMP ACT: Funds are budgeted in the following accounts:
550-5032-483100-2999
550-5032-483100-2999
284-5032-483100-2999
550-5032-483100-6019
272-5032-483100-6019
550-5011-483100-3035
272-5032-483100-6062
(Measure M-GMA3)
(Measure M-SIP)
(TSIP Area B)
(CTFP)
(Gas Tax 2105)
(St. Joseph Deposit)
(West Chapman lIC)
Total
$200,000
$182,061
$ 50,000
$215,382
$106,200
$265,077
$170,000
$1,188,720
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
3.11 Attorney Services Agreement with the Law Firm of Woodruff, Spradlin & Smart
for personnel legal services. (A2100.0 Agr-2886.V.B)
SUMMARY: The City Attorney's office utilizes the law firm of Woodruff, Spradlin &
Smart to assist it in providing legal services in connection with personnel, police and
general liability matters, The City currently has an agreement for fiscal year 2003-04 and
would like to enter into a new contract for the new fiscal year in the sum of$75,000,
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with Woodruff, Spradlin & Smart for a total sum of$75,000,
FISCAL IMP ACT: Sufficient funds are available in Legal Services Account No. 100-
0301-426111.
3.12 Renewal of the Agreement between Berryman & Henigar, Inc. and the City of
Orange for Plan Checking services. (A21 00.0 Agr-3100.C)
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 and authorized the Mayor and City clerk to execute a consultant
services agreement on behalf of the City,
FISCAL IMP ACT: Funds have been budgeted for FY 04/05 in the following accounts to
pay Berryman & Henigar, Inc,:
100-3012-427800 - Other Contractual Services - $35,000
100-3012-426700 - Other Professional and Contractual Services - $5,000
3.13 Renewal of the agreement between Wittman Enterprises and the City of Orange for
EMT Transportation Program billing services. (A2100.0 Agr-2599.C)
SUMMARY: Wittman Enterprises is the current contractor for Fire Department EMT
Transportation Program billing, Their job is to collect the fees and charges generated
when Fire Department personnel treat and/or transport citizens to the hospital. The
contract between Wittman and the City of Orange is due to expire August 31, 2004. The
Fire Department is recommending renewal.
ACTION: Approved and authorized the Mayor and City Clerk to execute a consultant
services agreement on behalf of the City.
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds have been budgeted in the following accounts to pay Wittman
Enterprises:
125-3015-426700 - Other Professional and Contractual Services - $90,000
100-3022-426700 - Other Professional and Contractual Services - $60,824
3.14 Professional Services Agreement between the City of Orange, Orange
Redevelopment Agency and Wallrich Landi Integrated Marketing Communications
for the design and printing of the Orange Progress City newsletter/Community
Services brochure for FY 2004-05. (A2100.0 Agr-4018.A.1)
SUMMARY: This agreement authorizes the consultant to design, oversee printing, and
coordinate delivery of the Orange Progress,
(See Redevelopment Agency Minutes Item No, 3.5)
ACTION: Approved agreement between the City of Orange, Orange Redevelopment
Agency and Wallrich Landi Integrated Marketing Communications for the design and
printing of four quarterly issues of the Orange Progress in an amount not to exceed
$100,411.50 and authorized the Mayor and City Clerk to execute the agreement on behalf
of the City,
FISCAL IMP ACT: Sufficient funding has been budgeted through the following sources:
General Fund: $63,100 (this amount includes $40,000 contribution from Waste
Management)
Acct. No. 100-0201-426600-7009 (City Manager's Office-Publicity & Advertising-
Orange Progress)
Redevelopment Agency: $37,311.50
Acct. No. 940-9800-426600 (Merged and Amended Project Area-Publicity &
Advertising-Orange Progress)
BIDS
(REMOVED AND HEARD SEPARATELY)
3.15 Reject all bids and authorize the re-bid of Bid No. 034-30; CDBG Project -
Eisenhower Park Renovations. (C2500.M.4.13)
SUMMARY: The bids were opened on April 8, 2004 and three formal bids were
received for this project that exceeded the project budget. After reducing the scope of
work, staff is recommending the rejection of all bids and requesting authorization to re-
bid the project.
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Ambriz asked about the time frame for requesting new bids for the
Eisenhower Park project. He inquired when the improvements will be completed and
expressed concern that the concrete needs urgent attention,
Mr. Gabe Garcia, Community Services Manager, responded that the City will advertise
immediately, The bidding process requires approximately thirty to sixty days; and the
construction process will last approximately 120 days, Mr. Garcia explained that the City
scaled down this proj ect due to the high bids. The park concrete and pathways are the
first concern for this project.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
ACTION: Rejected all bids; and approved plans and specifications and authorize
advertising for the Eisenhower Park Improvements.
FISCAL IMPACT: Funds exist in the following accounts:
510-7021-485100-0092 (Eisenhower Park)
310-9645-485100-0092 (CDBG Eisenhower Park)
320-7021-485100-0092 (Eisenhower Park Prop 12)
Total
$ 11,000
78,840
392.260
482,100
3.16 CLAIMS (C3200.0)
SUMMARY: The following c1aim(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
c1aim(s) be denied,
a, Southern California Edison (incident date 2/5/04)
b, Southern California Edison (incident date 3/8/04)
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster
CONTRACTS
3.17 Contract Change Order No.1; Bid No. 023-40; Project No. SP-3097 Chapman
Avenue Widening from Bitterbush Street to Main Street. (A2100.0 Agr-4340)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work mainly consists of additional work added for the traffic
interconnect conduit and water main installation at various locations, The total cost for
this change order is $174,396,24,
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved Contract Change Order No, I in the amount of $174,396.24 to RJ,
Noble Company for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
601-8041-484501-8423
284-5011-483300-4038
Total
$ 25,485,00
$ 148.911.24
$174,396,24
Water Capital Projects
TSIP Area "B"
3.18 Contract Change Order No.1 and Final; Bid No. 034-09; CDBG Projects: Shaffer
Street Storm Drain Improvements Phase II from Culver Avenue to Palmyra Avenue
(D-148); and Shaffer Street Storm Drain Improvements Phase III from Palmyra
Avenue to Almond Avenue (D-149). (A2100.0 Agr-4397)
SUMMARY: Contract Change Order No, 1 and Final authorizes payment for extra work
at agreed prices, The total amount of Contract Change Order No. I is $38,400,00.
ACTION: Approved Contract Change Order No, I and Final in the amount of $38,400.00
to Mladen Grbavac Construction Company for the extra work.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program FY 2003-04 in the following accounts:
310-9645-483400-5380
310-9645-483400-5326
CDBG Shaffer Storm Drain Phase II
CDBG Shaffer Storm Drain Phase III
Total
$18,000
$20.400
$38,400
3.19 Final Acceptance of Bid No. 034-09 -- Shaffer Street Storm Drain Improvements
Phase II from Culver Avenue to Palmyra Avenue (D-148); and Shaffer Street Storm
Drain Improvements Phase III from Palmyra Avenue to Almond Avenue (D-149)
and authorization to file Notice of Completion with the County Recorder (No staff
report reauired).
SUMMARY: Bid No, 034-09 - Shaffer Street Storm Drain Improvements Phase II from
Culver Avenue to Palmyra Avenue (D-148); and Shaffer Street Storm Drain
Improvements Phase III from Palmyra Avenue to Almond Avenue (D-149), Contractor:
Mladen Grbavac Construction Company, Staff recommends acceptance of improvements,
ACTION: Accepted public work improvement, authorized release of Fidelity and
Deposit Company of Maryland, Bond No, 8684699, in the amount of $421,720.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None,
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
3.20 Final Acceptance of Bid No. 034-24; SP-3455 - Glassell Street Reconstruction from
Mayfair Avenue to Collins Avenue and authorization to file Notice of Completion
with the County Recorder (No staff report required).
SUMMARY: Bid No. 034-24 - Glassell Street Reconstruction from Mayfair Avenue to
Collins Avenue, Contractor: RJ, Noble Company, Staff recommends acceptance of
improvements,
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of American of Connecticut, Bond No. 104239115, in the amount
of $328,433.05, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None,
FEES
3.21 Approval of Emergency Transportation Fee changes. (C2500.J.1.0.1)
SUMMARY: Emergency Ground (transportation) Ambulance rates for Orange are
consistent with those approved by the Orange County Board of Supervisors, The
Supervisors approved new rates effective July I, 2004 and the City Council needs to take
a similar action approving rates for the City of Orange,
ACTION: Approved the rate schedule for emergency (transportation) ambulance
services adopted by the Orange County Board of Supervisors on May 11, 2004 with an
effective date of July I, 2004,
FISCAL IMP ACT: The transportation fee changes will result in an approximate increase
of $130,314 in charges billed, However, due to Medicare and Medicare HMO
reimbursement limits, the City will not receive the entire amount in revenue,
PURCHASES
3.22 Purchase of Fire Department uniforms and accessories from Gall's Uniform Center
through a cooperative purchasing agreement. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of uniforms and
accessories from Gall's Uniform Center through a cooperative purchasing agreement in
the amount of $40,000,
ACTION: Authorized purchase of Fire Department safety clothing from Gall's Uniform
Center in the amount of $40,000.
FISCAL IMPACT: Sufficient funds are budgeted in the following account for FY 04/05:
100-3011-441300 (Uniforms and Other Clothing) - $40,000
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
3.23 Approve the purchase of medical supplies for Paramedic/Transport Program for
Fiscal Year 2004/05. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of medical
supplies through a cooperative purchasing agreement in the amount of $118,500,
ACTION: Authorized purchase of medical supplies from Bound Tree Medical, LLC. in
the amount of$118,500 for Fiscal Year 2004/05,
FISCAL IMP ACT: Funds are budgeted in the following accounts:
100-3022-445100 - Fire/Paramedic Medical Supplies - $73,500
125-3022-445100 - Fire/Paramedic Medical Supplies - $45,000
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.24 RESOLUTION NO. 9885 (C2500.M.4.20)
A Resolution of the City Council of the City of Orange supporting the Master Plan and
Design of the Gymnasium/Sports Center at the Grijalva Park Extension at Santiago
Creek,
Discussion
Councilmember Ambriz asked the Community Services Director to address the issue of
the park extension,
Mr. Gary Wann, Community Services Director, referred to an earlier Study Session
meeting with the City Council where the design phases for the Grijalva Park extension
were introduced, Mr. Wann noted the key feature in the meeting was a determination of
the location for a gymnasium/multi-use facility and future aquatic center. He reported
that the City wants to be competitive with a $2 million state grant for this project.
Councilmember Ambriz commented on the strength of the second portion ofthe meeting
presentation which revealed the vision of what the City will accomplish, He suggested
the presentation be provided on the City's new web site to show residents the plan,
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
ACTION: Approved,
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 9886 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, calling and giving
notice of the holding of a General Municipal Election to be held on Tuesday, November
2, 2004 for the election of certain officers as required by the provisions of the laws of the
State of California relating to General Law cities,
ACTION: Approved,
3.26 RESOLUTION NO. 9887 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, requesting the Board
of Supervisors of the County of Orange to consolidate a General Municipal Election to be
held on November 2, 2004 with the Statewide General Election to be held on the date
pursuant to Section 10403 of the Elections Code.
ACTION: Approved,
3.27 RESOLUTION NO. 9888 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, adopting regulations
for candidates for elective office pertaining to Candidate's Statements submitted to the
voters at an election to be held on Tuesday, November 2, 2004,
ACTION: Approved
(REMOVED AND HEARD SEPARATELY)
3.28 RESOLUTION NO. 9889 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, providing for the
conduct of a special runoff election for elective offices in the event of a tie vote at any
Municipal Election,
Discussion
Councilmember Alvarez discussed a previous election which resulted in a vacancy being
created on the Council; and the need to prepare a policy in the event this happens again,
Mayor Murphy suggested the Council take action on this Resolution, which deals only
with a tie vote, but ask staff to return with alternatives in the event of a vacancy.
City Attorney David de Berry recommended that Council move forward with the present
resolution while staff prepare a separate proposal. He noted the current Council may
adopt a policy or resolution to formulate guidelines for election vacancies, but the
guidelines will not be binding on a future City Council.
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CITY COUNCIL MINUTES
June 22, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy. Cavecche
ABSENT - Coontz
ACTION: Approved,
3.29 RESOLUTION NO. 9890 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Roy Peterson of the Orange Police Department and commending him for over
twenty-one years of loyal and dedicated service to the City of Orange.
ACTION: Approved,
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Items 3,15, 3,24 and 3.28 were removed and heard separately, All other items on the
Consent Calendar were approved as recommended,
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Public Works on the Chapman Avenue and Yorba
Street Critical Intersection widening project; Capital Improvement Project No. 3023, SP-
3431; Mitigated Negative Declaration No. 1730-04 (NI200.0 Neg-1730-04))
SUMMARY: The Chapman Avenue and Yorba Street Critical Intersection widening project will
add an eastbound through lane on Chapman Avenue from SR-55 to Malena Street.
The City prepared Mitigated Negative Declaration (MND) No. ENV 1730-04 to evaluate the
potential environmental impacts of the project.
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CITY COUNCIL MINUTES
June 22, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion
Director of Public Works Harry Thomas reported on a critical intersection project that involves
widening of Chapman Avenue at Yorba Street. The project will address issues on this heavily
traveled segment of Orange in order to reduce congestion. Mr. Thomas explained that the
project allows a third through lane on eastbound Chapman through the underpass, eliminating a
merge, The project will also improve the weaving section eastbound approaching Yorba. He
further announced that the City did receive grant funding for this project.
Mayor pro tem Cavecche inquired about the adequacy of parking at the nearby shopping center
and whether the proposal mitigated the parking issue,
Staff replied that the traffic study found a net loss of five parking spaces in the shopping center
parking lot; but that even with the reduction in parking spaces, the study justified that the center
provides plenty of parking.
Mayor pro tem Cavecche expressed concern over the weaving on that section of roadway and the
danger of making a right turn on Y orba.
Harry Thomas explained that the project will lengthen the weaving section about 100 feet and
one of the merges will be eliminated; and the project will allow higher capacity and less
congestion. He pointed out that the weaving pattern is not generating many accidents at that
location, since often drivers show more care in situations requiring special attention,
Councilmember Alvarez inquired about how the road widening will affect the old dump site
located under Y orba Park.
Harry Thomas explained that the project will extend the slope onto the park area, but that the
area on top of the landfill will require more maintenance since settlement levels will likely
surpass normal expectations.
Councilmember Ambriz noted the deed restriction on Yorba Park has been lifted, and asked if
this project considered a possible change in use at Yorba Park to a commercial use in the future.
Harry Thomas replied that the project was based on the current use; but that a change in use
would probably not impact the project.
Mary Dargatz, 2534 East Burly, expressed concern on the speed of drivers exiting the off ramp
at East Chapman and suggested the installation of devices to slow that traffic, She also asked
about the contaminated ground water under the Mobil station,
Alice Angus, Community Development Director, replied that the State Water Resources Board
typically examines situations related to contaminated water; and the State Water Resources
Board was sent a copy of this Negative Dec.
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CITY COUNCIL MINUTES
June 22, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Alvarez expressed concern that a methane plume and a contaminated water
plume exist in the immediate area,
Ms, Angus reported they would investigate this issue further and report back to Council.
Mayor pro tem Cavecche noted that she receives many complaints regarding the freeway off
ramp; and requested staff explore this problem,
Harry Thomas commented that changes at that location would require Cal Trans approval; and
staff will talk with Cal Trans about this problem at their next meeting with them,
Councilmember Ambriz requested staff talk with Ms, Dargatz regarding her suggestion,
RESOLUTION NO. 9882
A Resolution of the City Council of the City of Orange approving Preliminary Plans for the
Chapman Avenue and Yorba Street Intersection Widening and making certain findings in
connection therewith,
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to approve Resolution No, 9882,
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 12-04 (SECOND READING) (A2S00.0 Ord-12-04)
An Ordinance of the City Council of the City of Orange amending the Amended and Restated
Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area to
extend certain time limitations.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved that Ordinance No, 12-04 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
June 22, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:45 p,m. to a Closed Session for the following purposes:
a. Public Employee Appointment pursuant to Government Code Section 54957
Title: Police Chief
b, Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956,9(a):
I) City of Orange v. UltraMar, Inc, et a!., Orange County Superior Court Case
No, 02CC03241
c, To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session,
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE) (L1200.0 LMD-82-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No, 82-1, which is located westerly of Meats
Avenue in the vicinity of Marywood and Shadow Ridge Streets,
The City Clerk announced that notice was given in the manner and form as required by law and
a Certificate of Compliance is on file and open for inspection,
Mr. Harry Thomas, Public Works Director, reported the proposed assessments of $483 per
lot/year for Lots 1 thru 10 and $105 per lot/year for Lots 11 thru 56 are unchanged from fiscal
year 2003-04 assessments,
No protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers,
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CITY COUNCIL MINUTES
June 22, 2004
13. PUBLIC HEARINGS (Continued)
THE PUBLIC HEARING WAS CLOSED,
Council Action:
RESOLUTION NO. 9879
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the Levy of the Annual Assessment for Special Maintenance District 82-1.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to approve Resolution No, 9879,
13.2 LANDSCAPE MAINTENANCE DISTRICT 86-2, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS) (L1200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No, 86-2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills),
The City Clerk announced that notice was given in the manner and form as required by law and
a Certificate of Compliance is on file and open for inspection,
Mr, Harry Thomas, Public Works Director, reported the proposed assessments of $300 for a
single family detached unit and $180 for a single family attached unit is the same amount as last
year. Another increase is not anticipated until FY 2005-06,
No protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers,
THE PUBLIC HEARING WAS CLOSED,
Council Discussion
Councilmember Alvarez noted that not one resident of Santiago Hills was present for this
hearing.
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CITY COUNCIL MINUTES
June 22, 2004
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez asked if there can be an assessment increase and if a cap exists for the
total a City can assess?
Harry Thomas reported that the cap lies 18% above the current level, approximately $360 for a
single home and $220 for an attached home.
Councilmember Alvarez inquired about the life span of this district.
Harry Thomas noted the District requires an annual renewal, but can be voted out by an initiative
measure,
For the record, Councilmember Alvarez stated that the difference between what was set and what
can be done is 18%; and there wasn't one resident in the Chambers from Santiago Hills or any
notification received from any of the residents in Santiago Hills; so with the potential to raise
the assessment 18%, the residents can not complain since they did not participate,
Harry Thomas noted that notices will be sent in the future for any increases,
Mayor pro tem Cavecche asked if a policy determines whether the City exhausts the stabilization
fund to zero or reduces it a little year by year.
Harry Thomas explained the City can balance current revenues and expenditures within the
current ceiling. In future years, that ceiling will have to be exceeded, which would require a
mail-ballot election in addition to a public hearing; but staff does not anticipate an election for at
least two years, In that case, the City would pay a third party consultant to hold an election,
Mayor pro tem Cavecche pointed out the expenses involved for an election consultant. She
inquired that if the City does not levy the assessment, would the Homeowners maintain the
landscaping.
Harry Thomas replied that the City maintains easements for open space areas, In that situation,
the City would need to vacate the easements with property reverting to the Homeowners, as there
is not a master Association,
Council Action:
RESOLUTION NO. 9880
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the Levy of the Annual Assessment for Special Maintenance District 86-2.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to approve Resolution No. 9880.
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CITY COUNCIL MINUTES
June 22, 2004
13. PUBLIC HEARINGS (Continued)
13.3 LANDSCAPE MAINTENANCE DISTRICT 94-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING) (L1200.0 LMD-94-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No, 94-1, which is located in the Sycamore
Crossing Tract.
The City Clerk announced that notice was given in the manner and form as required by law and
a Certificate of Compliance is on file and open for inspection,
Mr. Harry Thomas, Public Works Director, reported the 124 units in the interior of the tract will
pay $100 per year; the 36 units adjacent to he landscape improvement will pay $102 per year.
The senior citizens housing site will pay $204 per year. The two lots within the District
boundary owned by the City of Orange are no longer exempt and the larger lot will pay $40 per
year and the smaller lot will pay $20 per year,
No protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers.
THE PUBLIC HEARING WAS CLOSED.
Council Action:
RESOLUTION NO. 9881
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the Levy of the Annual Assessment for Special Maintenance District 94-1,
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Moved to approve Resolution No, 9881.
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CITY COUNCIL MINUTES
June 22, 2004
13. PUBLIC HEARINGS (Continued)
13.4 APPEAL NO. 496-04 - ENAYAT FAZELI, 4105 WEST CHAPMAN AVENUE.
(A4000.0 APP-496-04)
Time set for public hearing to consider an appeal of the Planning Commission's denial of
Conditional Use Permit No, 2439 to allow off-premise sale of beer and wine for an existing gas
station/mini-mart located at 4105 West Chapman Avenue,
Reason for Appeal:
I, Consideration of crime statistics from City of Garden Grove
2. Consideration of police calls to subject site,
3, Consideration of security measures of proposed site,
4, Consideration of public convenience for beer and wine,
NOTE: A letter dated June 10,2004 was received from Jeff Farano, Attorney at Law, on behalf
of the appellant, requesting a continuance of this item,
Councilmember Alvarez asked for clarification on why the Appellant requested a continuance.
Mr, Enayat Fazeli, Appellant, explained additional time was needed to verify statistics, both
from citizens and the Police Department, presented at or since the Planning Commission
meeting,
Mayor pro tem Cavecche asked about the receipt of two letters requesting the continuance.
Both letters, though dated June 10th, were received much later; and asked if the City alerted the
applicant that simply requesting a continuance does not guarantee a continuance.
Alice Angus clarified that the letters were received at a later date, even though they were dated
June 10th, The applicant had been informed that the City Council makes the final decision on
continuances,
Mayor pro tem Cavecche stared she was ready to hear the issue at that time, and did not see the
need for a continuance,
Mayor Murphy noted that if the item is continued, the appellant could pay any costs associated
with readvertising the hearing.
Appellant agreed to pay the additional cost for renoticing,
Council Action:
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CITY COUNCIL MINUTES
June 22, 2004
13. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Alvarez
AYES - Cavecche
NOES - Ambriz, Alvarez, Murphy
ABSENT - Coontz
Moved to deny the request for a continuance and hear the matter at this time,
MOTION FAILED,
Councilmember Alvarez explained he had seconded the motion for discussion purposes only; but
was satisfied with the appellant's reasons for a continuance,
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy
NOES - Cavecche
ABSENT - Coontz
Moved to continue to July 13, 2004 and appellant to pay for any costs associated with
readvertising or rehearing the matter.
MOTION CARRIED
14. PLANNING AND ENVIRONMENT
14.1 Study of the 300-400 blocks of South Grand Street. (C2500.G.2.0)
In response to concerns expressed by residents of the 300-400 blocks of South Grand Street
regarding the impact of new development, and direction from the City Council to evaluate the
floor area ratio (FAR) standard and other methods to protect the historic integrity of the area,
staff has compiled a packet of recommendations and options to address site development issues,
and also explored the potential implications of rezoning the area from R2 to Rl,
Public Comments
Mayor Murphy asked speakers to speak to the issue of the building and design guidelines; zoning
preference; and whether to deal with South Grand Street as a separate issue or incorporate it as
part of the General Plan update,
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CITY COUNCIL MINUTES
June 22, 2004
14. PLANNING AND ENVIRONMENT (Continued)
The following spoke in favor of an R-l zone and moving it ahead as a separate issue and not
waiting for the General Plan update,
Anne Siebert, 340 S, Olive; also spoke in favor ofthe Design standards,
Angie Rust, 493 S, Grand
Annalisa Goode, 438 S, Grand
Edith Reed, 368 S, Grand
Barbara Frey, 405 S, Grand
Janet Crenshaw, 464 N, Shaffer
Sandi Wilcox, 458-460 S, Grand; also spoke in favor of Design standards
Mary Matuzak, 340 S. Grand
Karen Higgins, 400 block of North Shaffer
Gloria Suess, representing 391 S, Grand, asked about financial repercussions if the area were re-
zoned to R-I
Christina Gallant, 383 S, Grand, spoke in opposition to an R-I zone,
Council Discussion
Councilmember Alvarez stated he would like to see a quick resolution of rezoning for Grand
Street. He pointed out that bulk and mass always exists as an issue. He commended Community
Development staff on the design guidelines. He sought to expedite the process of rezoning for
Grand Street as a test case that might expand to the rest of Old Towne,
Mayor pro tem Cavecche pointed out that residents can still build an accessory unit with RI
zoning; and a current assembly bill would restrict the city's ability to place restrictions on units,
She pointed out that many insurance brokers do not even inquire about zoning for insurance
purposes. She concurred with the design guidelines and suggested a hearing on the zoning issue
as soon as possible, She commended staff on the design guidelines,
Councilmember Ambriz expressed frustration that this issue has dragged on for years, He noted
that people move downtown for a reason ' to enjoy the charm of the environment. He
commended staff's research on the project and suggested a financial feasibility study examine
the effect on residents purchasing under R2, if it were to be rezoned R 1. He concurred with a
hearing on the zoning issue as soon as possible,
Mayor Murphy recommended Council incorporate the new development standards for all of Old
Towne and handle the Grand Street zoning issue separately.
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CITY COUNCIL MINUTES
June 22, 2004
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche
ABSENT - Coontz
Direct staff to prepare an amendment to the Old Towne Design Standards to incorporate new
standards developed as the Grand Street Analysis Packet for all of Old Towne; and direct staff to
initiate consideration of re-zoning the 300 and 400 blocks of South Grand Street, as quickly as
possible,
15. ADJOURNMENT
The City Council adjourned at 8:40 p,m, in memory of Bob Bennyhoff, The next Regular
Council Meeting will be held July 13, 2004,
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CITY CLERK
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