11-23-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JANUARY 11,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 23, 1999
The City Council of the City of Orange, California convened on November 23, 1999 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
Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Tape 165
The City Manager presented Employee Service Recognition Awards to Howard Beck and
Lisa Mostow (Police), Karen Angers (Finance), Jim Fournier (Fire), Bob Martinez and
Vic Tapia (Police), Rosalie Brooks (Finance), Joan Baltes, Hector Velasquez and Richard
Barnes (Public Works), and Dave Ramirez (Community Services). (C2500JA.18)
A proclamation was presented to Orange citizen Michael Lalum in recognition of his
accomplishments in running and volunteer work with disabled runners and walkers.
Resolution No. 9194 was presented to Marian Contreras commending her upon being
awarded the designation of Certified Municipal Clerk by the International Institute of
Municipal Clerks.
Mayor Coontz reported that this year she served as Chair of the Scare Away Hunger
Community Food Drive, which challenged the entire City to collect one million pounds
of food. Appreciation was expressed to the City's churches, Girl Scouts, YMCA Indian
Guides, Boy Scouts, the Mall of Orange, The Block, Plaza merchants, the Rotary Club
and the City of Orange employees for their participation in the food drive. Mayor Coontz
presented the Mayor's Outstanding Citizen Award to Misty Mountain for her outstanding
commitment to the Scare Away Hunger Community Food Drive. Tom Seeberg,
Executive Director of Second Harvest of Orange County, reported that Misty Mountain
collected 700 pounds of food in a less than 24 hour period. Second Harvest National of
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CITY COUNCIL MINUTES
November 23, 1999
Chicago has taken an interest in Misty's story and will be preparing an article for their
National Edition.
1.4 PRESENTATIONS! ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Coontz announced:
. A Celebration Ceremony for the Orange Veterans Memorial was held at Depot Park
on November 11, 1999. Chairman John Whiteriver, City staff, the Veterans, the
Orange High School ROTC, Celebration USA and Carl Grimm, the oldest bugler in
the nation, were recognized for their participation in the event. November II, 2000
will be the formal dedication of the Veterans Memorial which will be built in the
interim. Funds to support the Veterans Memorial can be sent to Veterans Memorial
Fund, c/o Raymond Goss, Public Relations Officer, 425 S. Lilac Lane, Orange, CA
92868. Mr. Goss can be reached at 978-2161.
. The Annual Tree-Lighting Ceremony and Program at Historical Plaza sponsored by
the Community Services Department will be held on December 5, 1999 at 4:00 p.m.
There will be an outstanding musical program by the Orange Community Chorus led
by Mike Short with refreshments, entertainment, and a special appearance by Santa
Claus.
. The Holiday Luncheon honoring Orange Police Department Volunteers will be held
on December 18, 1999. Individuals interested in a vacation check may contact
Debbie Klein, Orange Police Department, at 744-7328.
. Relative to Item No. 13.1 on the 7:00 p.m. session agenda, Orange County
Transportation Authority (OCTA) has decided to remove the cities of Fullerton,
Orange, Anaheim, and Santa Ana from the CenterLine proposal and are concentrating
on a proposal in the South County. OCTA will not be attending the 7:00 p.m.
seSSIOn.
2. PUBLIC COMMENTS - None
3.
CONSENT CALENDAR
Tape 1550
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of November 23, 1999 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, 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.
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CITY COUNCIL MINUTES
November 23, 1999
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated November 4 and 10, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, October 26, 1999
(continued from November 9,1999) and Regular Meeting of November 9,1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Engineering Services Agreement with Secor International Inc. for engineering and
environmental services for rough grading and remediation of Rock Creek Park Site
at the northwest corner of Prospect Street and Spring Street. (A2100.0 AGR-3381)
SUMMARY: As follow-up to acquisition of the subject property for park purposes,
clean up and re-compaction of the site is recommended in conformance with reports filed
with the City on November 5, 1998. Secor International Inc. has proposed a fee of
$92,898.00 to engineer the plans and provide environmental and construction
management oversight.
ACTION: Approved Consultant Agreement with Secor International Inc. in the amount
of $92,898.00 and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.
FISCAL IMPACT: Adequate funds are available in Account No. 500-7021-481102-0149
(Rock Creek Park).
3.6 First Amendment to Attorney Service Agreement with the law firm of Woodruff,
Spradlin & Smart. (A2100.0 AGR-2886.A.l)
SUMMARY: The City currently has an agreement with Woodruff, Spradlin & Smart for
an amount not to exceed $10,000 to provide legal services in connection with matters
related to the environmental condition of Y orb a Park. The City Attorney is requesting
that an additional $30,000 be appropriated for continued legal services.
Note: Mayor pro tem Spurgeon abstained on this item due to his oversight of a County
department on a Y orba Park matter.
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CITY COUNCIL MINUTES
November 23, 1999
3. CONSENT CALENDAR (Continued)
ACTION: 1) Appropriated $30,000 from the Self Insurance Fund unreserved fund
balance to Account No. 740-0301-426100-00106; and 2) approved and authorized the
Mayor and City Clerk to execute the First Amendment to Attorney Services Agreement
with Woodruff, Spradlin & Smart on behalf of the City for an amount not to exceed
$40,000.
FISCAL IMP ACT: Funds to be appropriated from Self Insurance Fund umeserved funds
to the Legal Services Account No. 740-0301-426100-00106.
APPROPRIATIONS
3.7 Increase Fire Prevention Contractual Service/Plan Review Appropriation. (A2100.0
AGR-3275.1)
SUMMARY: The Orange Fire Prevention Division plan review costs for 1999/2000
were formulated upon Planning Department projections for new construction within the
City. Due to larger than anticipated numbers of new, remodel and tenant improvement
construction, an additional appropriation is needed to meet the plan review needs of the
Fire Department.
ACTION: 1) Appropriated an additional $45,000 for Plan Review Consulting to the Fire
Prevention Bureau's Account Number 100-3012-427800 (Fire Prevention Contractual
Service); and 2) approved First Amendment to Consultant Services Agreement with
Berryman and Henigar increasing the contract from $29,500 to $50,000 and authorize the
Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Adequate funds are available III the General Fund for this
appropriation.
RATIFICATION OF DECLARATION OF EMERGENCY
3.8 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
RESOLUTIONS
3.9 RESOLUTION NO. 9195 (A2100.0 AGR-3084)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 978-52, High-Light Electric, Street
Lighting Modifications in Old Towne.
Note: Councilman Slater abstained on this item due to a property interest in Old Towne.
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CITY COUNCIL MINUTES
November 23, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.10 TREASURER'S REPORT (C2500.F)
Treasurer's Report for the period ending October 31, 1999.
ACTION: Received and filed.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Mayor pro tem Spurgeon abstained on Item No. 3.6 Councilman Slater abstained on Item
No. 3.9. The Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
4.
REPORTS FROM MAYOR COONTZ
Tape 1620
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz reported all the City Council members have looked at the number one proposal
for another jail in the City of Orange which is the upper Fremont site, located just off the Eastern
Transportation Corridor, in the City of Orange's sphere of influence. As designated by Council,
Mayor Coontz and Councilman Murphy met with members of the Board of Supervisors. A
meeting will be held this week with Supervisor Todd Spitzer, who represents the City of Orange.
Mayor Coontz and Councilman Murphy conveyed their opinions on why a jail is not wanted in
East Orange. The City of Orange already has the Theo Lacy Jail. Several years ago the Board of
Supervisors assured the City there would not be a second jail. There are many other cities and
new cities in the County of Orange, and the City of Orange does not feel it should be burdened
with an additional jail.
Mayor Coontz indicated questions were asked about infrastructure costs and sewage disposal at
this site. The answer received was that something would be built. When asked about roads, we
were told roads would be built. There were no answers to questions asked about the use of the
wildlife corridor of the Eastern Transportation Corridor (ETC) as a transportation route from one
side of the ETC to the other to access the proposed site. This is an extremely important
environmental issue. When asked about the delivery of water, the response was a delivery
system would be built from Chapman to Jamboree.
The environmental impact review for the Musick Jail site has already been completed. The
infrastructure is in place to promote the expansion of the Musick Jail.
Mayor Coontz announced this issue will continue to be discussed in Executive Session and will
have continual agenda updates.
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CITY COUNCIL MINUTES
November 23,1999
5.
REPORTS FROM COUNCILMEMBERS
Tape 1835
5.1 Councilman Slater - Support the Department of Navy's application for retrocession
(to allow other uses). Recommendation: Authorize the Mayor to sign a letter to the State
Lands Commission supporting retrocession ofEl Toro MCAS. (ORI800.0.3.11)
Councilman Slater requested Council support a proposed letter that the Orange County Regional
Airport Authority (OCRAA) adopted and asked that all member cities send to the State Lands
Commission asking that when they meet in Ventura on December 3, 1999 to allow the local law
enforcement officials the ability to police the airport. As it currently stands, the Federal
government still has the responsibility, making it difficult for some interim uses at the facility.
The reason it has not yet taken place is because it was suggested that an Environmental Impact
Report (EIR) needed to be done, which is not the case.
Councilman Alvarez expressed concern that the letter might express a pro-active approach, when
the Council has never taken an official position for or against the El Toro Airport. Why is this
letter necessary when OCRAA is already sending a letter on behalf of all of the cities?
Mayor Coontz stressed the importance of security of this large unprotected area in the interim
period.
Councilman Slater explained that sending the letter follows the concept of good efficient
government. Supporting this would allow the County the ability to police the area instead of the
Federal government, allow the County more interim uses, and help with the interim costs of the
land. Orange County Regional Airport Authority (OCRAA) has also asked member cities to
include in a publication, or along with a publication, an informational piece about the airport.
OCRAA will pay the $2,000 cost and is asking that it be sent out with the next Orange Progress.
Councilmembers indicated they would like to see the publication, which would be an insert in
the Orange Progress, prior to it being sent out.
Mayor pro tern Spurgeon commented on the importance of control and cash flow. The EI Toro
MCAS costs from $13 to $15 million a year to maintain. The Board of Supervisors also voted
unanimously on this issue.
MOTION - Slater
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Mayor to sign the letter to the State Lands Commission supporting
retrocession ofthe EI Toro Marine Corp. Air Station.
5.2 Councilman Murphy - Millennium Update - Request concurrence of the City
Council to redirect the $15,000 that received prior appropriation and Council approval for
County-wide millennium events to now spend towards the City's Millennium celebration.
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CITY COUNCIL MINUTES
November 23, 1999
5. REPORTS FROM COU~~~LMEMBERS (Continued)
Councilman Murphy reported that many ideas and initiatives have been brought forward by the
Millennium Committee. A t-shirt with the logo "Celebrating Orange 2000, A Vibrant City for
the New Millennium" will be made available for purchase as part of the fundraising activities.
The kick-off event will be the New Year's Eve Party at The Block at Orange commencing at
5:00 p.m. through the new year. This family entertainment will include a full swing band,
strolling entertainment, dancers, stilt walkers, jugglers, face painters, and a lot more.
Fundraising is being initiated for the purchase '!lld erection of a special commemorative clock at
the entryway of Santa Fe Depot Park, which will compliment the Veterans Memorial and frame
the Depot Park entrance. In order to fund this, engraved brick pavers commemorating the
millennium can be made available for purchase at $125.00 each, which will be incorporated into
the monument at the Depot Park. Order forms will be made available around December 1st.
Plaza flags with the millennium logo will be made available, along with a business or family
logo. The City motto contest with input from the community will be initiated after the first of
the year. There will be an opportunity to solicit photos with a visual record of the community at
the dawn of a new century.
Councilman Murphy recognized and thanked Millennium Committee members, Nancy Just,
Bruce Patrick, Sandra Warne, Karen Herrera, Al Ricci, Bill Utter, and Mayor Coontz and staff
for their involvement. Monies raised will defray the cost of the clock and other fundraiser items.
Any additional monies raised will be directed to charities at the end of the activities. Further
details will be provided at the December 14, 1999 meeting.
Mayor Coontz commented the original $15,000 allocated for a County proposal fell through,
noting the $15,000 was about to be sent to the County committee when she heard they were
disbanding. The funds will be a transfer to the City's own millennium activities. A budget is
important and that all monetary issues be addressed and shared with the City Manager and
Council. It was requested that Councilman Murphy include in his next presentation to Council
the names of the people who are doing the work on the millennium, that they be honored as a
Millennium Commission.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to redirect the monies set aside for the Countywide Millennium Event to the City's
Millennium Celebration in order to defray the start-up and marketing costs involved.
Non-Agenda Item - Crime Statistics
Councilman Slater commented that in a recent newspaper article, the City of Orange has been
singled out as the only city where the crime rate has gone up. The crimes are attributed to petty
theft, while violent crimes and burglaries are way down. Are the larceny problems coming from
The Block at Orange? How are these problems being handled or attacked?
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CITY COUNCIL MINUTES
November 23, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager responded a comprehensive report is currently being worked on which will be
presented to Council. Police Chief Romero had indicated last year it could be anticipated that
crime would go up having a center (The Block at Orange) that has drawn 11 million people over
the year. Last week's attendance at The Block was 250,000 people.
Police Captain Walsh addressed the 5% increase in crime, which can be attributed to the
thousands of people visiting The Block, and the process involved in the apprehension of
criminals. Mayor Coontz commented on the importance of the visibility of the police.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7.
ADMINISTRATIVE REPORTS
Tape 2655
7.1 Report from the Director of Community and Library Services on the formation and
implementation of a non-profit 501(c)3 Community Services foundation and status report
on the Orange Public Library Foundation. (C2500.I)
The Director of Community and Library Services reported the Orange Public Library Foundation
was created to receive and disburse monies for the benefit of the Orange Public Library and
ultimately to raise money for a new state-of-the-art Main Library facility. The Community
Services Foundation would be created for the purpose of receiving private funds and in-kind
donations to augment programs, services, and facility needs. The benefits derived from non-
profit foundations include: 1) creation of a legal structure for accepting corporate donations
which directly benefit the community; 2) programs benefiting from corporate donations will
support under-funded at-risk and youth oriented programs; and 3) financial donations will assist
in funding various facility improvements in the City. The State has approved the City of Orange
Public Library Foundation as a legal non-profit foundation. A number of concerned citizens
undertook the task to get the Public Library Foundation to where it is today. The three members
have agreed it is time for the City to take on the process. It may be recommended at a future
time that the City look at hiring a private consultant to assist the City with its endeavors to move
the Foundation forward. Randy Bosch, Phil Hummel and Dick Ginnaty were acknowledged for
their many hours of work on the Orange Public Library Foundation.
Mayor Coontz commented that because of their similar interests, she and Councilman Alvarez
met and agreed with the Director of Community and Library Services recommendation. The
Orange Publi~ Library Foundation is supportive that the City is taking over this endeavor. City
Manager Rudat is the first City Manager to recognize this endeavor could be done in-house, as
the entire goal was to add monies for the extension ofthe present library or for a new library.
Councilman Alvarez commended staff for their work. The Community Services Foundation will
create a partnership with the businesses in Orange and get them involved in contributing to the
community. The Community Services Foundation will benefit the entire City and has potential
for growth. The structure of the Foundation will provide for a lot of accountability.
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CITY COUNCIL MINUTES
November 23,1999
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz complimented the City Manager and Director of Community and Library Services
on their work. The Orange Public Library Foundation will give the community the opportunity
to see that the library is an important part of the City and that it represents the quality of life in
the community.
CoUncilman Slater asked if the Library Director would serve as the Executive Director of the
Library Foundation, if a Library Director were appointed in the near future? A foundation that
promotes and enhances the City's parks and open spaces would be nice. The Director of
Community Services responded it was set up that way. ...
MOTION - Alvarez
SECOND - Mayor Coontz
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: 1) Receive and file; 2) approve staffs recommendations to form a Community
Services Foundation; 3) authorize staff to complete the state and federal filing for the Library
Foundation; 4) direct the City Manager to appoint the Director of Community and Library
Services to serve as the Executive Director ofthe Community Services Foundation; and 5) direct
the City Manager to appoint the Director of Community and Library Services to serve as the
Executive Director ofthe Orange Public Library Foundation.
7.2 Report from the Director of Community and Library Services regarding Belmont
Park Improvements. (C2500.MA.18) Tape 3025
SUMMARY: The Director of Community and Library Services reported the City and Standard
Pacific Development jointly constructed a new 2.11 acre neighborhood park in the Southridge
Residential Development as identified in Tentative Tract Map 13125. Due to funding constraints
at the time, the new park was constructed in phases, with Phase I including landscape, hardscape,
walkways and lighting. To complete the park improvements, Phase II was identified to include
an outdoor basketball court, restroom building and tot lot. The City Council approved the
conceptual plan for Phase II and appropriated $350,000 in the c.I.P. for FY 99/00 for these park
improvements. Area residents expressed strong concerns regarding the proposed improvements
resulting in a City survey. Concerns expressed by residents were loitering, parking, and other
issues. Staff in cooperation with Property Management Corporation, representing four
associations, mailed 758 surveys to obtain community input. The survey stated that no response
or reply to the survey would indicate to the City their verbal approval to move forward with the
project. The survey results indicated that the area residents are split on the issue of the
improvements to Belmont Park. Since the survey results are inconclusive and the Belmont Park
project is a previously approved project, staff will proceed with this project unless staff is
directed otherwise by the City Council.
FISCAL IMPACT: Funds are budgeted in Account No. 510-7021-485100-0750 (Belmont Park)
$350,000
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CITY COUNCIL MINUTES
November 23, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz commented since 1986 La Veta Park has had similar amenities as Belmont Park.
Mayor Coontz asked the Police Department to look at the differences between the parks. Some
complaints about Belmont Park center around juvenile activity. There needs to be a higher
concentration of lighting at Belmont Park to focus on the adjoining Edison property. The park
closes at 11 :00 p.m. The curfew hour for juveniles is 10:00 p.m. Closing the park at 10:00 p.m.
would be helpful not only in this proposal but at other parks in the City.
Captain Walsh presented an activity comparison of Belmont and La Veta Parks. Most calls
received at the Police Department at Belmont Park are noise disturbances generated by juveniles.
It is felt that most complaints are coming from residents living close to the park. The design of
the park makes is difficult for patrol cars to access the area, unlike La Veta Park.
Mayor Coontz asked where Belmont Park ranks on the scale of violations or problems? Captain
Walsh responded that Belmont Park is very low. Mayor Coontz added that in addition to better
lighting and changing the curfew hour, accessibility to the park needs to be looked at.
Councilman Slater asked if the chained off access road along one side of the park is an Edison
easement? Does the City have access to the road? Captain Walsh responded he does not believe
the City has access to the road. It is possible that Edison may allow the City access to the road.
The Director of Community and Library Services cautioned that each park be looked at on a
case-by-case basis relative to closure times. In response to Mayor Coontz, he indicated he does
not see a problem with a 10:00 p.m. closure for Belmont Park.
SPEAKING IN OPPOSITION:
Dr. B. William Bell, 4416 E. Wickham St.
Stacey Robuck, 4419 Wickham St.
Scott Maughan, 4513 E. Wickham St.
Judy Parr, 2694 N. Bentley St.
Beverly Byars, 2704 N. Bentley St.
Reasons: Noise, litter, loitering, parking, takes away greenbelt area, non-disclosure by
realtor/seller of park plans; survey concerns; and safety concerns related to speed limit and
pedestrian crossing to basketball courts.
SPEAKING IN FAVOR:
Pete Dearborn, 2709 N. Hampton Street
Candace Tjoa, 2668 N. Bentley Street
Judy Koulias, 4211 E. Townsend
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CITY COUNCIL MINUTES
November 23, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Reasons: Survey results were correct and close proximity to park was the reason for purchasing
their homes.
COUNCIL COMMENTS:
Mayor Coontz reiterated the issues at Belmont Park that need to be addressed are better lighting
of the Edison property; park accessibility; parking ability on the property where the street dead
ends; and limiting the park hours to 10:00 p.m.
Mayor pro tem Spurgeon spoke regarding disclosure issues addressed by residents. Concern was
expressed with small neighborhood parks being made too attractive to people outside of the
community. Restrooms can be a magnet for problems. The parking problems need to be
straightened out before going forward with Phase II.
Councilman Alvarez commented that restrooms can now be designed to minimize problems. A
tot lot goes along with a neighborhood park. Concern was expressed with having a basketball
court due to parking problem, attraction of people, and basketball being a high use sport.
The City Manager explained that Council has made an affirmative action to move ahead on this
project. The reason it is being brought back is for Council to take action that other alternatives
be submitted, the current plans to move forward be suspended, or to ask for costs and other
proposals.
Councilman Slater commented that the City has made a promise and commitment. Sixty-six
percent (66%) of all homeowners surveyed want all the improvements. Residents knew what the
improvements were going to be when they bought their property. Concern was expressed that
new homeowners are not being informed. Councilman Slater does not feel the loitering problem
will increase but should diminish with the increased lighting. Furthermore, the sod at the park is
not being watered evenly causing many areas of grass to die. Also, tracks left by service vehicles
at the park are tearing up the sod.
Councilman Murphy concurred with Councilman Slater, noting that economic challenges at the
time is the reason this is now being discussed. Concerns expressed by residents can be
addressed. The safety issue raised relative to pedestrians crossing to the park also needs to be
addressed. He would like the opportunity to look at the final plan to be sure Council's concerns
are addressed.
MOTION - Mayor Coontz
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
November 23,1999
7. ADMINISTRATIVE REPORTS (Continued)
Moved to direct the City Manager to pursue the issues of potential crime by requesting the Police
Department, in conjunction with the Community Services Department: 1) look at better lighting
in the north end of the park; 2) contact the Edison Company for park accessibility; 3) the
crosswalk safety concern issue be addressed by the City Traffic Commission; 4) determine
parking opportunities and the costs involved; and 5) limiting the park hours to 10:00 p.m.
The City Manager indicated a report will be done expediently with the requested information
which will be brought back to Council before the project is put out to bid.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.
REPORTS FROM CITY MANAGER
Tape 5050
8.1 Presentation of the Fourth Quarter Budget Report for the period July 1, 1998
through June 30, 1999.
Mayor Coontz requested this item be continued to allow more opportunity for review.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to December 14, 1999.
8.2 Presentation of the First Quarter Budget Report for the period July 1, 1999 through
September 30,1999.
Mayor Coontz requested this item be continued to allow more opportunity for review.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to December 14, 1999.
8.3 Year 2000 Compliance Status Report and Contingency Plan. (C2500.E.l)
Note: Councilman Murphy abstained on this item due to a business conflict and left the Council
dais.
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CITY COUNCIL MINUTES
November 23, 1999
8. REPORTS FROM CITY MANAGER (Continued)
The Assistant to the City Manager presented the report, noting that the Police and Fire
Departments are substantially staffed to prepare for any events that may occur over the New
Year's Eve weekend.
Mayor Coontz commented ham radio volunteer groups who work with the hospital trauma
centers have expressed concerns with emergency access to UCI Medical due to activities at The
Block. A sense of confidence needs to be conveyed to these groups, who are a valuable asset to
the emergency system. The Assistant to the City Manager responded he will provide their names
to the representative at the Police Department that works with the groups. The Police
Department has been in contact with all the hospitals, in particular UCI Medical, in dealing with
this issue.
Councilman Alvarez asked if ACS has their own contingency plans for the New Year's Eve
weekend. The Assistant to the City Manager responded that the City's MIS Department,
Affiliated Computer Solutions (ACS), has an internal plan and that staff will be available if any
problems arise.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy
Moved to receive and file.
9.
LEGAL AFFAIRS
Tape 5363
9.1 ORDINANCE NO. 24-99 (A2500.0 Vehicles For Hire)
An Ordinance of the City Council of the City of Orange repealing Chapter 5.78 of the City of
Orange Municipal Code relating to vehicles for hire.
MOTION- Slater
SECOND- Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 24-99 be 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
PAGE 13
CITY COUNCIL MINUTES
November 23, 1999
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:33 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation
pursuant to Government Code Section 54956.9(b) (two potential cases): 1) Siting of County Jail
in Orange's Sphere oflnfluence; and 2) Yorba Park Remediation.
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case
No. 78 02 84
c. Conference with real property negotiator pursuant to Government Code Section 54956.8:
Property: 25 acre parcel near the intersection of Spring Street and McPherson Road in Orange.
Negotiating Parties: City of Orange and Union Pacific Railroad; Under Negotiation: Price and
Terms
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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None
13.
PUBLIC HEARINGS
Tape 10
13.1 INFORMAL PUBLIC HEARING, CENTERLINE PROJECT: (T2200.1A.D)
Time set for an informal public hearing to consider the Centerline Project. Following 18 months
of technical studies and extensive public outreach, the Orange County Transportation Authority
(OCT A) staff have developed a Staff Recommended Alternative (SRA) alignment for the
CenterLine rail system. The SRA is a 27 -mile light rail system route traversing six cities,
including Orange, in the central part of Orange County. In addition, OCTA staff have proposed
four project options to construct the rail system within the project budget. Four Minimum
Operating Segments have been identified as the minimum economically feasible system lengths.
OCTA is asking the cities along the CenterLine Corridor, including the City of Orange, to
comment on the proposed SRA alignment within their respective jurisdictions, and to state their
interest for participation in the first phase of the project.
NOTE: Mayor pro tern Spurgeon abstained on this item due to a property conflict and left the
Council dais.
PAGE 14
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz announced that OCTA has decided to remove the Cities of Fullerton, Orange,
Anaheim and Santa Ana from the proposal and are concentrating on a proposal in the South
County. They will not be present for this meeting. There is no request for the City of Orange to
do anything.
MAYOR COONTZ OPENED THE INFORMAL PUBLIC HEARING.
SPEAKING IN OPPOSITION:
Bill Ward, 273 Hanover Dr., Costa Mesa
Linda Hayes, 164 N. Ste~ns Street
Wayne King, 12592 Loretta Drive
Jennifer Christian, 155 N. Stevens Street
Rudolf d' Ablaing Van Giessenburg, 336 E. LaVeta Avenue
Lorna B. Clyde, 214 N. Stevens Street
Tim Smith, 2314 W. Almond Avenue
Jack Evans, 443 S. Crest Road
Dave Mootchnik 7202 Stonewood Drive, Huntington Beach
Bob Bennyhoff, 10642 Morada Drive
Gary Wade, 166 N. Eckhoff Street
Lois Barke, (address on file)
Reasons: Over $1 billion cost to make traffic congestion and air quality worse; safety concerns;
$340 million Measure M funds should be reallocated to the cities to maintain and improve the
current transportation system; matter should be put on the ballot for voters to decide; light rail is
19th Century technology and not flexible; light rail will have an adverse affect on neighborhoods;
a political message needs to be sent that the City of Orange will only support the "No Build"
alternative; Council needs to go to League of Cities and convince other cities in Orange County
to stop the building of an 11 mile segment in Irvine; and light rail needs out of Orange County
entirely.
SPEAKING IN FAVOR:
Roberto Alatoree, 554 S. Bedford Street, commented his entire family supports the rail system,
even ifthey must move, as it will allow new ways of travel for children and adults in the future.
MAYOR COONTZ CLOSED THE INFORMAL PUBLIC HEARING.
COUNCIL DISCUSSION:
Mayor Coontz reported OCT A was responsible for notification but the City also participated in a
notification process for this informal public hearing. The Director of Public Works reported over
2,100 notices for this meeting were hand delivered in the west end of the City.
PAGE 15
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz announced OCTA will be making a decision at their December 13th meeting on
the proposal and recommended Council convey their feelings in a letter with specific points of
VIew.
Councilman Murphy indicated this was an easy decision because he grew up on the corner of
Crest Road and Palmyra Avenue. From a neighborhood perspective the No Build decision is the
right answer. From a financial standpoint these things never pay for themselves and are
encumbrances on future generations which is not fair. Also, they do not solve the issues they
were intended to as far as removing traffic off the freeways and streets. Councilman Murphy felt
strongly about making the No Build decision with a recommendation to place the funds back out
for a vote of redirection so Orange will be represented when the funds are re-allotted that have
been generated from sales tax dollars. Councilman Murphy agreed with Mayor Coontz about
sending a letter to OCTA with all Council signatures.
Councilman Alvarez agreed with Mayor Coontz and commented it is important for Council to
express their views in a letter to OCT A, indicating the Council wants to be in the loop in the
future if a proposal with new technology of this type is considered. When the City of Santa Ana
took their direction for No Build, he requested a report on their decision. After reviewing their
reasons, Councilman Alvarez felt it was important to follow the same points. One of the
conclusions is Measure M monies are very important to the infrastructure of the community. At
this point a No Build is the only answer.
Councilman Slater commented he has had major reservations about light rail since discussions
first began because it will be a black hole for tax dollars. It will never pay for itself. Councilman
Slater observed the successful Light Rail in Portland, San Diego and other places, and decided it
is not right for Orange County. Councilman Slater recommended the Council send a clear
message to OCTA supporting No Build; and send a letter to OCT A requesting the $340 million
be reallocated to all of Orange County cities earmarked for streets and road improvements.
OCTA is proposing a 12 mile system through Irvine/Costa Mesa which would significantly
impair its ability to fund freeway and other highway projects such as the widening of the 22
Freeway in Orange, improvements to the 22/57 Freeway interchange at The City Drive and a
possible Meats Avenue/55 Freeway Interchange which the City has been considering for the last
several years. This alignment has the lowest ridership projections of any and it makes no sense
to build that segment. It is recommended that Orange be the first city to say "we don't want
OCTA to build that one either."
PAGE 16
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon
Moved to send a letter to OCTA from the City of Orange, signed by all Councilmembers,
indicating the main points as outlined below, staff to assist on those issues, and attach public
comments.
1) The City of Orange is in favor of the "No Build" alternative. There has been a lack of an
appropriate organizational structure to allow direct oversight and input from cities affected by the
project. Any project of this magnitude with such serious long range social impacts should only
be developed and processed through genuine cooperation and partnership among all the
stakeholders. A recommendation of the formation for future transportation planning of OCTA
involving cities, a Joint Power Agency where all the members of the cities have a direct
oversight control and equal votes on all ofthe decisions.
2) The lack of adequate time to respond to city's questions and comments on the DEIR, DEIS.
The City of Orange has submitted fourteen pages of questions and comments on these
documents. Most of the questions probe the fundamental issues of the CenterLine Project.
OCTA released their draft response to comments on November 22, 1999 not giving adequate
time for the City to review the responses sufficiently. The City cannot be expected to sign a
blank check and endorse a commitment to spend a substantial amount of public funds.
3) The potential exercise of eminent domain and private property condemnation issues has not
been sufficiently addressed. OCTA has not accepted the full responsibility of the complete right-
of-way acquisition for the implementation of their proposed mitigation measures. The impact on
the residential communities has been of utmost concern to the Council. The full social and
economic impacts of the projects in the City's residential neighborhoods have never been
identified nor mitigated. The City of Orange does not appreciate the taking of residential
property in our City.
4) Since OCTA is proposing a 12 mile system through Irvine/Costa Mesa which would
significantly impair its ability to fund freeway and other highway projects such as the widening
of the 22 in Orange, improvements to the 22/57 interchange at The City Drive and a possible
Meats Avenue/55 Interchange which the City has been considering for the last several years.
This alignment has the lowest ridership projections of any and it makes no sense to build that
segment.
PAGE 17
CITY COUNCIL MINUTES
November 23, 1999
13.2 SUBSEQUENT MITIGATED NEGATIVE DECLARATION 1601-99,
POTENTIAL ACQUISITION OF LAND FOR PUBLIC PARK PURPOSES LOCATED
AT THE NORTHWEST CORNER OF PROSPECT AND SPRING STREETS: (N1200.0
NEG-1601-99) Tape 1629
Time set for a public hearing to consider Subsequent Mitigated Negative Declaration 1601-99, an
environmental assessment evaluating the potential environmental impacts of a proposed sports
park on property located at the northwest corner of Prospect and Spring Streets. Negative
Declaration 1601-99 was originally prepared to address a 15+ acre park site at this location, and
was approved by the City Council on July 13, 1999. The City Council will now be considering
expanding the site through acquisition of adjacent property immediately to the west, to create an
overall site area of approximately 42.6 acres. The initial environmental assessment approved by
the City Council evaluated a preliminary conceptual site development plan that included a
community building/gymnasium (maximum 23,500 square feet), five soccer fields with night-
lighting, a playground area, landscaping, walkways, and associated parking lots (approximately
270 spaces). The subsequent environmental assessment now under consideration evaluates a
conceptual plan that includes a total of seven soccer fields, three baseball fields, field night-
lighting, a 23,000 square foot community center, a 23,000 square foot gymnasium, a tot lot
playground area, landscape and picnic areas, restroom/concession building and approximately
700 parking spaces.
The Director of Community and Library Services reported Subsequent Negative Declaration
1601-99 proposes a preliminary conceptual plan to identify the maximum intensity uses which
may be designed and constructed on the site. The illustrative plan includes three lighted soccer
fields, three softball fields, a 23,000 square foot gymnasium/community center, tot lot and
parking lots. The proposed expanded sports park, including the initial 15 acre park, would
include: seven soccer fields, three softball fields, two 23,000 square foot
gymnasiums/community centers, two tot lots, landscaping, and parking lot accommodating 700
parking spaces. The Mitigated Negative Declaration is an informational document in
anticipation that the land might be acquired for an active park. It is a conceptual plan based on
the needs identified in the Master Plan of Parks, which will be brought before Council on
December 14, 1999.
The City Attorney clarified the City has not bought the property. The City is in negotiations with
the property owner, Union Pacific, to possibly buy the property. A California Environmental
Quality Act (CEQA) analysis must be done before the City can purchase the property. If an
agreement to purchase is arrived at, there would be a much more community involved review
process with more notification to the community, which would come back to Council with a final
plan. A Stipulation and Order was received from the court today settling the City's purchase of
the 15 acres of Beazer property. The City will become the owner of the 15 acre property
sometime next week.
In response to Mayor Coontz, the Director of Community and Library Services explained the
reason for acquiring the land is due to the City's tremendous need for open space to be developed
as active sports parks. A major priority is to light the fields.
PAGE 18
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKERS IN FAVOR AND VOICING CONCERNS:
Jeff Asay, Union Pacific Railroad, 1200 Corporate Center Drive, Monterey Park, property owner
of the additional acreage the City is proposing to purchase, indicated they are anxious to sell the
property at what they consider to be the fair market value of the property.
Judy Acord, 2720 E. Walnut Avenue, No. 67, on behalf of the Vista Santiago Homeowners
Association, addressed the following concerns: 1) the City Planning Department needs to
involve more citizens in the process. The perception by some is this is being fast-tracked with
the Mitigated Negative Declaration when a private development of this size and nature would be
required to prepare an environmental impact report; 2) ballfields lighted to 25 foot candles will
produce major bleed over into the adjoining neighborhoods. A normal shopping center parking
lot is lighted to five foot candles; 3) many local citizens are concerned that an open unlighted
park will encourage criminal activity and loitering and provide a haven for homeless and indigent
elements which are not desirable in the neighborhood; 4) members would like to see increased
perimeter landscaping to address the visual and lighting impacts on the adjoining neighborhoods;
5) must be assured that measures will be taken to enforce the ban on P A systems unless a special
permit is obtained. The noise can already be heard from Fred Kelly Stadium which is much
further away; 6) all persons using the park should be made aware of the rules of use by signs and
written communications; 7) need to know the Mayor and Council will instruct the Police
Department to evaluate operations and recommend changes in park rules if needed; 8) need to
know access to the flood channel will be restricted so children are not tempted to take a short cut
across the channel and endanger themselves.
Roger Watson, 2720 E. Walnut Avenue, No. 64, representing the Vista Santiago Homeowners
Association, requested ten mitigation measures be included in Mitigated Negative Declaration
1601-99 before it is certified. (Letter with requested mitigation measures is on file)
Rod Martin, 544 N. Turnberry Avenue (in favor and opposed), expressed concern with noise,
traffic and security. There needs to be a happy medium with a sports area and an area for
relaxation. A stop light was promised at Spring and Prospect over a year ago.
Ken LaCelle, 426 N. Esplanade Street
Eddie Albright, 642 N. Glemose Street
Joseph DeCroix, 3724 EI Carmen St.
Carter James, 1110 E. Mardell Avenue, President of Orange Junior Soccer Club
Stu Livingstone, 515 E. Maple Avenue
Alan Pollack, 2141 N. Flower, Santa Ana
Reasons: Need for active parks in the community; positive impact and benefit to the community
PAGE 19
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
SPEAKING IN OPPOSITION:
Herb Cooley, 2720 E. Walnut Avenue, No. 38 (in favor and opposed), supports active parks but
would like it kept at 15 acres.
David Cairns, 2720 E. Walnut Avenue, No. 10
James Cooper, 2720 E. Walnut Avenue, No. 29
Jennifer Christian, 155 N. Stevens Street
Michael Wei, Manager, Santiago Creek Estates Mobile Home Park (letter on file)
Reasons: Additional acreage should be landscaped for passive use; concern with heavy use of
organized sports; would like more passive park area for the high density housing in the area;
need for access to the park for people who live west of the creek; aesthetics; lack of notification;
support of passive vs. active parks; P A system is a problem; traffic, and diesel truck noise
moving dirt in the area.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
COUNCIL COMMENTS:
Mayor Coontz asked what the notification process was for this hearing and for an explanation of
the environmental review process for the negative declaration? The Director of Community
Development responded that approximately 700-800 notices were mailed to property owners
within the surrounding area. CEQA requires that only adjacent property owners be notified,
which the City far exceeded. The Director of Community and Library Services explained this is
a preliminary step. The site was looked at for its highest intensity use. The use of the property
may change when going through the negotiation process with the community, however, it does
not replace the need for active parks. This is an opportunity for active recreational play with the
responsibility for residential privacy. It is hoped an agreement with the community can be
reached.
Mayor Coontz referred to a map made by Beazer Corporation dated August 12, 1998 of their
conceptual idea of a park which included a community center and soccer fields.
The City Manager commented the Director of Community and Library Services would be
directed to have a number of meetings with the neighborhood. Beazer Corporation would be
invited to the meetings, as they are building adjacent to the project. The need to accommodate
the demands placed upon the City by the youth cannot be over emphasized. There is the
necessity as well to provide a variety of recreation, including picnic grounds and passive areas.
Councilman Slater asked if Beazer Corporation is informing the buyers of the condominiums at
the north end of the project as to what is proposed. The City Manager responded he will follow-
up with the Beazer Corporation, as they have assured the City in the past that buyers in the
PAGE 20
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
community are being informed of the potential use of the property. Now that proactive steps
have been taken to purchase the property, he will assure the information is relayed to them and
they do incorporate the information. Councilman Slater asked what the timing is for the signal at
Prospect and Spring? The Director of Public Works responded the signal should be installed in
six or seven months. Councilman Slater commented the City wants to be very attentive to what
the community would like to see developed at the property. There is the need for participation as
it goes through the process. If the entire 42 acres can be acquired, there will be a lot more
choices in what can be done.
Mayor Coontz commented she suggested several years ago that the City work with the developer
so the City knows exactly what information is being put into their informational package. The
City needs to know what information is being provided as this issue comes up quite often. The
City Manager indicated an attempt will be made to acquire the information.
Councilman Murphy requested that the individuals in attendance at this meeting be noticed of
future meetings as their input is important. The City is at a critical juncture in terms of trying to
identify additional active space in town. That is what makes this opportunity so important, as
well as balancing it with picnic space, buffering areas, etc. At this time when the City is going
through a Master Plan of Parks and looking at bigger active space moves than has been done in
the last 15-20 years, Councilman Murphy suggested the Parks and Recreation Commission be
resurrected as an advisory body to work with the City on these issues, and that it be agendized
for the December 14, 1999 or January 11,2000 Council meeting.
Mayor Coontz complimented staff on their great presentation. This Council has been very
interested and concerned and has taken many steps to make up for the lack of interest in the past
for parks and active sports, which is so important to the future of the youth in the City of Orange.
The Director of Community and Library Services was asked to submit names of potential
members to serve on the Parks and Recreation Commission for Council approval.
Councilman Alvarez commented this is a good example of the Council taking a proactive
approach. The City needs to continue its effort to obtain park space and he urged the community
to participate in this effort.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Subsequent Mitigated Negative Declaration 1601-99 pertaining to the expanded
Sports Park.
PAGE 21
CITY COUNCIL MINUTES
November 23, 1999
13.3 NOTICED PUBLIC HEARING, CONDEMNATION OF PROPERTY IN
PERALTA POINT: (N1200.0 NEG-160l-99) Tape 3660
Time set for a noticed public hearing by the City of Orange to consider a resolution of necessity
to condemn property in the Peralta Point neighborhood, commonly known as 2656, 2664, 2694
and 2700 Vista Summit Way and 2821 and 2823 Vista Ridge Drive for purposes of stopping the
current land movement and effecting a permanent repair of the hillside commonly known as the
Vista Royale landslide.
The Assistant City Attorney reported in approximately June, 1997 the City was notified of land
movement in the Vista Royale area. Since that time, the City initiated an investigation into what
was going on in the area. A large amount of litigation is going on. A plan has been put forth that
is expected to bring the slide to a halt. In order to implement the plan, it has become necessary to
take six properties in the area known as Peralta Pointe. One property contains a residence; the
other five are empty lots. The record for tonight's hearing includes a transcript of a previously
held emergency hearing on abatement of dangerous property, as well as the attached exhibits,
which Council previously received and had an opportunity to review.
Kirk Nakamura, Beam, Brobeck & West, 600 W. Santa Ana Blvd., Suite 1000, Santa Ana,
referred to the document entitled "Brief on Evidence Supporting Resolution of Necessity Re:
Kord/Herrera Properties". The extensive investigation done by AGRA Earth and Environmental
("AGRA") which has involved slope inclinometers, manometer surveys, general ground surveys,
boring logs, and geology of the earth has been ongoing for at least two years. Mr. Nakamura
said he is very pleased with the action and proactive activities that the City has performed in
determining what the cause of the slide has been and what is happening with respect to the slide.
It is a very grave situation which needs immediate attention and is reflected in the record. Of the
proposed remedial repair plans, the Albus Keefe Plan (Plan One) is the only permanent viable
repair plan which has been submitted to the City in that it achieves the 1.5 factor of safety which
is necessary to comply with the City requirements and make the slide a permanent fix. It is the
only proposed plan which can be done in approximately two weeks of grading in addition to six
weeks of preparation with respect to destroying the homes on the east side of Vista Crest,
dismantling them and getting it ready for grading repair. It is extremely important that the Plan
be implemented in a very short period of time. Mr. Dickey, the geologist for AGRA, has
testified that once there is a storm of approximately six inches, it is very likely that the slide will
occur, and the City will be faced with a massive land movement and failure.
The Albus Keefe Plan hopefully can be implemented in approximately a two month period of
time, including the six weeks of preparation time. The Albus Keefe Plan is the only plan that can
be done with a minimal amount of inconvenience to the public in general. The Buttress Repair
Plan (Plan Two) involves the importation of 200,000 yards of dirt which would require 10,000
truck loads of dirt, which would cause a substantial amount of damage to public utilities, roads,
and public improvements, as well as inconvenience the public in terms of traffic and cause
hazardous conditions in the City of Orange. It is believed that The Albus Keefe Plan is the only
viable plan for the remediation of the slide. The Albus Keefe Plan requires the City to take the
property of Mr. Herrera. The Plan takes the dirt on top of the slope and places it down at the
PAGE 22
CITY COUNCIL MINUTES
November 23,1999
13. PUBLIC HEARINGS (Continued)
bottom, where the ten homes on the east side of Vista Crest exist. The five vacant lots that are
owned by Herrera/Kord Group and the one house owned by Mrs. Herrera are basically destroyed
and made into a slope area. The only company that has stepped forward that is willing to
implement The Albus Keefe Plan has insisted on obtaining the fee to the property in order to
develop the piece of property, and ultimately implement the Plan, which is the reason it is
essential for Council to adopt a Resolution to take the fee for the Herrera and Kord properties.
With respect to The Albus Keefe Plan, the record as it was made with respect to the abatement
hearing, is incomplete. Since that time additional plans have been received from Albus Keefe
which addresses the only real problem with the Plan, which is the upslope stability. The upslope
stability was in question at the time there was the abatement hearing, according to testimony.
Since that time, new plans have been received from The Albus Keefe Company which proposes
some remediation of the area, which eventually will bring it up to the 1.5 factor of safety, which
is required to comply with the City Building Codes.
Mr. Nakamura asked Mr. Dickey if everything he said was correct or if any of his statements
needed to be corrected with respect to what his understanding is of the situation and the status of
the plans as they have been submitted with respect to The Albus Keefe Plan.
Bob Dickey, principal geologist and civil engineer with AGRA Earth and Environmental, 1290
N. Hancock, Anaheim, agreed with everything Mr. Nakamura said about The Albus Keefe Plan
and The Buttress Import Plan. The Albus Keefe Plan is a good one for the City to allow to
occur.
Councilman Alvarez asked what the certainty is that the Plan will work? To what degree will the
repair actually hold? Mr. Dickey responded the factor of safety is the engineering ratio of the
strength of the material as a fraction over the driving force. If the strength of the material is
equal to the driving force, you have a value of one over one. In this case, the minimum allowed
in the Uniform Building Code is 1.5. You have to have 50% more strength of materials versus
load of material and come up with a factor of safety of 1.5. The Albus Keefe Plan overall has a
gross stability of 2. It is twice as strong as it needs to be in that regard. The Buttress Import Plan
with 10,000 truck loads of material coming on City streets, had a factor of safety of less than 1.3,
probably closer to 1.2. It was a temporary attempt to stop the slide from moving only.
Councilman Slater asked what the potential schedule would be? The Assistant City Attorney
responded hopefully everything will be in place to implement the Plan within the next several
weeks. There are a number of other properties involved that have reached tentative settlements.
The City has been told the documents for the other properties are close to being finalized.
WA YNE WINTHERS, ASSISTANT CITY ArrORNEY ASKED FOR THE RECORD: "Mr. Dickey, you have
had a chance to review the brief submitted by Mr. Nakamura, correct?"
MR. DICKEY: "Yes I have."
PAGE 23
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
WA YNE WINTHERS: "Everything Mr. Nakamura puts in his brief do you agree with based upon
your experience and your expertise in this area?"
MR. DICKEY: "Yes Sir."
DAVID DEBERRY, CITY ATTORNEY: "Mr. Nakamura. Is there any other proposed fix which any
party has expressed any interest in funding."
MR. NAKAMURA: "No."
DA VID DEBERRY: "Mr. Dickey. I know it is in the brief. Again, what are the ramifications if a
fix is not implemented."
MR. DICKEY: "Well right now the slide is moving. It has been moving since probably mid-
1997. The rate it's moving we usually figure at inches per year. And it has gone as fast as six or
seven inches a year in the past during the EI Nino period. It has now slowed down, but it is still
moving. It is moving now around three to four inches a year. But, what is happening is the tow
area is crumpling. In other words, it is losing strength. And, we don't have a measure of when
that strength is going to be lost and a catastrophic failure will occur."
DAVID DEBERRY: "And if a catastrophic failure occurs, what do you estimate will be the
damage?"
MR. DICKEY: "Well, it will involve a lot more dirt to be moved to make it aesthetically
acceptable. Right now, because it hasn't moved totally more than a couple of feet, it is not going
to take much moving around of dirt to make it look okay. If it drops fifty feet or one hundred
feet, then it is going to take a lot of earth movement with machines to put it back, or at least
make it look good or decent."
DAVID DEBERRY: "I guess what I am trying to get at is what other properties could be impacted
if there is a massive failure. Properties that are not severely impacted now? What is the scope or
the range of other properties that could be impacted if there is a massive failure?"
MR. DICKEY: "I think there are four to six lots on the west side of Vista Crest that the slide will
engulf directly, besides the ten on the east side and the ones on the top of the hill."
In response to Mayor Coontz, Mr. Dickey clarified that if a catastrophic failure occurs requiring a
lot of repair and earth movement, that it would look like a planned development and not like a
mistake.
MA YOR PRO TEM SPURGEON commented that the brief states that the homes to the east of Peralta
Point on the Lake Hill and Echo Hill Streets would be affected. Right now, they are not even in
the impact area. They haven't been affected. They are not part of the tract. This would be going
into a whole new area of concern, according to the brief. Is that what you were referring to when
the Mayor asked you about the extent ofthe slide and how many more lots would be affected?
MR. DICKEY: "Yes Sir."
PAGE 24
CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR PRO TEM SPURGEON further asked Mr. Dickey if he was referring to lots just within the
area now that are being dealt with or these other areas like Echo Hill and Lake Hill, that are
outside of the immediate area, outside of the tract?
MR. DICKEY: "If it catastrophically fails, there develops more potential for advancing in that
direction. "
MAYOR COONTZ OPENED THE NOTICED HEARING.
Rick Herrera, 2569 Robinhood Place, commented that he and his mother are the owners of the
property being discussed. They understand the problem and want to cooperate in any way they
can. The Fieldstone Company has not offered them anywhere near the market value of their
property. Their offers have been approximately 25% of the value of the property, which is why
they have not been able to come to an agreement. His mother is more than willing to accept the
same price for her house as her next door neighbor has accepted from the Fieldstone Company.
Or, of the four owners of homes in Peralta Point, she is willing to accept the same amount of the
lowest price that Fieldstone Company has offered the other people in Peralta Point. They are
more than willing to accept for their lots market value determined by an independent appraiser.
The problem is the failure of a slope, the owner of the slope being Vista Royale Homeowner's
Association, indicating that his property did not cause the problem. If the City wants to condemn
and take their property, all they ask is fair market value to be determined in a fair way. Mr.
Herrera indicated his mother received a letter from the City offering her $5,000 for her house.
The Assistant City Attorney responded the hearing is not to discuss the valuation. The City is
required to value the property at the time of the taking, which is the value of the property today.
The offer made by the City is based upon the appraisal. The action by Council would not affect
the Herrera's ongoing litigation with Fieldstone, the Vista Royale Homeowner's Association, or
anyone else, but would be part of the damages recovered later if someone were found liable to
them.
Mayor pro tem Spurgeon asked if the City proceeds forward with the condemnation, would the
courts decide what the fair market price is based upon evidence presented? The Assistant City
Attorney responded if it goes to trial over valuation, the court would then get involved in
deciding the fair market value for the City condemnation proceeding at the time of the taking.
The City's condemnation proceeding is a different proceeding than the litigation over the slide.
MAYOR COONTZ CLOSED THE NOTICED HEARING.
RESOLUTION NO. 9196
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 2656, 2664, 2694 and 2700 Vista Summit
Way and 2821 and 2823 Vista Ridge Drive and authorizing the acquisition thereof.
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CITY COUNCIL MINUTES
November 23, 1999
13. PUBLIC HEARINGS (Continued)
Owners of Record: Aileen Herrera (2823 Vista Ridge Drive) and Kord Group (2656, 2664,2694
and 2700 Vista Summit Way and 2821 East Vista Ridge Drive)
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9196.
13.4 JOINT PUBLIC HEARING WITH ORANGE REDEVELOPMENT AGENCY
REGARDING THE PROPOSED LEASE OF REAL PROPERTY IN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA BY THE ORANGE REDEVELOPMENT
AGENCY TO THE CITY OF ORANGE: (C2500.M.14 RES-9196) Tape 4774
Time set for a joint public hearing with the Orange Redevelopment Agency to consider a
Proposed Lease Agreement in which the City of Orange will lease office space at 230 E.
Chapman Avenue from the Orange Redevelopment Agency to house certain municipal
operations.
The Economic Development Project Manager reported since May, 1991 the Community Services
Department has had offices at 230 E. Chapman Avenue. Since the Redevelopment Agency owns
the building and Community Services is a department under the City, a lease agreement is
appropriate. The lease requires the City to pay $1.00 a year and be responsible for labor and
materials to maintain the exterior and interior of the building in good order and condition. The
Agency will furnish light, heat, and power to the building. Operating costs will be shared on a
percentage basis as outlined in the lease agreement.
RESOLUTION NO. 9197
A Resolution of the City Council of the City of Orange making certain findings under the
Community Redevelopment Law and authorizing the lease by the Orange Redevelopment
Agency of certain real property commonly known as 230 East Chapman Avenue to the City of
Orange in accordance with the terms and provisions of a Lease Agreement.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9197.
14. PLANNING AND ENVIRONMENT - None
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CITY COUNCIL MINUTES
15. ADJOURNMENT
November 23, 1999
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 9:46 p.m.
Cu~~~~~
CASSANDRA J. HCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
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