09-28-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON OCTOBER 12, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 28, 1999
The City Council of the City of Orange, California convened on September 28, 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
Pastor Millie Britt, Zion Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Tape 203
Employee Recognition Service Awards were presented to Lolita Booth, Susan Craft,
Craig Koki, Simone Mueller, Dave E. Smith, Carol Ellwood, Sarah Kenyon and Michael
Harper (Police); Anita Holland and Christopher Carnes (Community Development); Paul
Haaker (Fire); Roger Westergard (Water); Colleen Williams (Economic Development);
Thomas Steele (Public Works); and Jess Garcia (Community Services). (C2500.J.4.18)
A proclamation recognizing "National Walk our Children to School Day", October 6,
1999, was accepted by Sherrill Stone, Crime Prevention Specialist, Orange Police
Department.
Proclamations were presented to Pablo Diaz, Executive Director of the Highland Street
Learning Center and Barry Cottle, Courtyard Garden Apartments.
Joe Miller, President of Kiwanis Club of Orange, presented a $2,000 donation to the
Orange Police Department.
A proclamation was presented to Dan Harvey, Second Harvest Food Bank, recognizing
an ambitious food drive entitled "Scare Away Hunger" being held during the month of
October with the hopes of collecting one million pounds of canned food items. Mayor
Coontz commented the focus is on the City of Orange for its success.
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CITY COUNCIL MINUTES
September 28, 1999
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
The Assistant Finance Director presented a Certificate of Achievement for Excellence in
Financial Reporting Award received from the Government Finance Officers' Association
(GFOA) for the Comprehensive Annual Financial Report (CAFR) for the year ended June
30, 1998. This is the 12th year the City of Orange has received this award.
The Fire Chief recognized Fire Captain Raposa, Fire Engineer Phillips, Firefighter Bryan
Hagan, Fire Captain Eggers, Fire Engineer Crockett, Firefighter Fournier, Firefighter
Shannon Smith, Firefighter Hussong, and Firefighter Paramedic Houk for their efforts in
resuscitating City employee, John Young.
2.
PUBLIC COMMENTS
Tape 1396
Carole Walters, (address on file), commented on the success of the community meeting
on the new trash carts. The City was unprepared for the number of people that attended.
Barbara DeNiro, (address on file), expressed concern for a child who did not want to
cross Katella Avenue without a crossing guard. If the Orange Police Department has
control over crossing guards, how does that cover the children? The City Manager asked
Ms. DeNiro to contact his office and she would then be connected to individuals who can
explain the program, how it is administered, and the criteria for crossing guards.
3.
CONSENT CALENDAR
Tape 1597
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 28, 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.
3.2 Request Council Confirmation of warrant registers dated September 9 and 16, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting September 14, 1999.
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
September 28, 1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Agreement between City and State of California Office of Emergency Services to
provide reimbursement to the City for work done to ensure local businesses are
Y2K compliant regarding potential hazardous materials releases. (A2100.0 AGR-
3353)
SUMMARY: The State of California will reimburse the City of Orange Fire Department
to assess the Y2K readiness of the hazardous facilities and handlers in order to protect the
public health and safety from the potential Y2K related accidental hazardous material
release.
ACTION: Approved agreement and authorized Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: Potential revenue to the City's General Fund of up to $13,248.00.
3.6 Amendment No.1 to Cooperative Agreement No. 12-356 between the City of Orange
and California Department of Transportation regarding the SR-55 Freeway
Widening Project. (A2100.0 AGR-3209.1)
SUMMARY: Agreement No. 12-356 reimburses the City 100% of the actual cost of the
local streets modifications (estimated at $140,000) needed to accommodate traffic
detouring activities associated with the SR-55 Freeway widening project. Amendment
No.1 to this contract increases the reimbursement amount to the City by $43,000 to a
totalof$183,000.
ACTION: Authorized the Mayor and City Clerk to execute Amendment No. 1 to
Agreement No. 12-356 on behalf of the City.
FISCAL IMPACT: Agreement No. 12-356 and its Amendment No.1 will provide the
City with $183,000 for City services needed to support the SR-55 Fwy. widening project.
3.7
Sewer Agreement: Requests by Gerald and Joyce Cordero, Peter and Agathe
Araujo to connect their properties to City of Orange sewer. (A2100.0 AGR-3351;
AGR-3352)
-.
SUMMARY: Gerald and Joyce Cordero, Peter and Agathe Araujo, owners of residential
parcels located respectively at 8592 Magnolia Street and 16562 Bixby Avenue in
unincorporated areas of the County of Orange, have requested to connect their house
sewer laterals to the City sewer main in Magnolia Street. To comply with the City
requirements prior to the sewer hook-up, they have executed a sewer agreement with the
City of Orange.
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CITY COUNCIL MINUTES
September 28, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved the connection requests from Gerald and Joyce Cordero, Peter and
Agathe Araujo and authorized the Mayor and the City Clerk to execute the agreements on
behalf of the City. --
FISCAL IMP ACT: None. The County of Orange has posted the deposit and paid all fees
due for the sewer connections. The property owners of record will pay a sewer charge as
stated in the agreement.
3.8 Security Services in the Vista Royale Area. (A2100.0 AGR-3350)
SUMMARY: During the month of May 1999, the City Manager in his capacity as
Director of Emergency Services ordered the evacuation of five homes in the Peralta
Pointe and 10 homes on Vista Crest (Vista Royale) area. The City Council approved an
agreement at its regular meeting on July 13, 1999 with Patrol One for security services at
the Vista Royale area on a 24-hour basis.
ACTION: The City Attorney recommends the following:
1. Terminate agreement with Patrol One;
2. Approve and authorize the Mayor and the City Clerk to enter into an
agreement on behalf of the City with Staff Pro Security to provide security
services in the Vista Royale area;
3. Appropriate from Self Insurance Fund unreserved fund balance $50,000 to
account 740-4011-427800-00106 (Self Insurance-Liability Fund- Police
Administration-Contractual Services-Vista Royale).
FISCAL IMP ACT: Unreserved fund balance is available in the Liability Fund to make
this appropriation. The City is monitoring all emergency expenses pertaining to this issue
and will, if possible, seek reimbursement for all costs.
3.9 First Amendment to Consultant Agreement with Meyer and Associates for Hart
Park Concession Building. (A2100.0 AGR-3328.1)
SUMMARY: The First Amendment in the amount of $9,890 includes a fee increase for
additional architectural services due to ADA and design guideline requirements.
ACTION: Approved the first amendment to agreement and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following accounts: 500-7021-481200-
0027 (Hart Park Renovation): $3,010.28; and 510-7021-481200-0027 (Hart Park
Renovation): $6,879.72. Total: $9,890.
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September 28, 1999
3. CONSENT CALENDAR (Continued)
APPROPRIATION
3.10 Donation of funds from Kiwanis Club of Orange and appropriation of funds to
purchase additional digital photo equipment for the Police Department. (C2500.K)
SUMMARY: The Kiwanis Club of Orange has earmarked a $2,000 donation to the
Police Department, and the Department wishes to continue to upgrade its equipment with
additional digital cameras and a video camera. The equipment will be used by the
Investigation Division to document major crime scenes.
ACTION: Appropriated $2,000 to Account No. 100-4031-441600 (General Fund -
Police Investigation - Miscellaneous Materials & Supplies).
FISCAL IMP ACT: None.
3.11 CLAIMS FOR DAMAGES (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Application to Present a Late Claim and Claim(s) for damages:
a. Theresa Campbell
b. Marvin Buehler
c. Wayne Fiducia
d. Anna Spiglanin
FISCAL IMPACT: None.
ACTION: Denied Application to File a Late Claim and claim(s) for damages and referred
to City Attorney and Adjuster.
RATIFICATION OF DECLARATION OF EMERGENCY
3.12 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
- ACTION: Approve.
RESOLUTIONS
3.13 RESOLUTION NO. 9171 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9081,
and adopting a revised master resolution of permit parking areas within the City of
Orange.
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September 28, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.14 RESOLUTION NO. 9178 (S4000.SA)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Spring Street between Prospect Street and Seranado Street from 6:00 A.M. to 12:00
Midnight on Saturday, October 9, 1999 for a special event.
SUMMARY: Orange High School Panther Guard has requested a temporary street
closure to accommodate parking of school busses during their band, dance and color
guard field tournament at Fred Kelly Stadium.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9179 (S4000.SA)
A Resolution of the City Council of the City of Orange temporarily closing a portion of
Glassell Street between Palm Avenue and University Drive from 9:00 A.M. to 6:00 P.M.
on Wednesday, October 20, 1999 for a special event.
SUMMARY: Chapman University has requested a temporary street closure to
accommodate the dedication of the new law school building.
Discussion: Carole Walters, (address on file), commented that businesses should be
notified of events prior to being agendized. The Director of Public Works responded it is
the applicants responsibility to notify the area residents and businesses. Notification is
not typically done before Council's official approval.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
3.16 RESOLUTION NO. 9180 (S4000.SA)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
of Batavia Street from La V eta Avenue northerly to Palmyra Avenue, and removing on-
street parking from both sides of Batavia Street from La Veta Avenue to Palmyra Avenue
from 9:00 A.M. to 4:00 P.M. on Sunday, November 14, 1999 for a special event.
SUMMARY: Orange County Ronald McDonald House has requested a temporary street
closure to accommodate their lOth Anniversary Celebration in recognition of the ten years
of service they have provided to the community.
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CITY COUNCIL MINUTES
September 28, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
- TREASURER'S REPORT
3.17 Monthly Treasurer's Report for the period ending August 31, 1999. (C2500.F)
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.15 was removed and heard separately. The remainder of the Consent
Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1702
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz reported a Joint Study Session with the Planning Commission is scheduled for
Wednesday, September 29th at 6:00 p.m. in the Weimer Room to revisit the East Orange Plan, a
very extensive and specific general plan which covers much of the 18,000 acres of the City's
sphere of influence to the east, the future extension of the City of Orange. The East Orange
General Plan took 15 years to study. The final decision cost millions of dollars and thousands of
hours. The entire community and elected officials at all levels in the County are invited to attend
and revisit the Plan. The jail issue came along when the City was already interested in the future
of east Orange. Irvine Company representatives indicated a few months ago that there was no
action in the area. In the meantime, it has been understood there has been some consideration of
action regarding a jail. The jail issue is not the main reason for the Joint Study Session.
-
The City Manager indicated he would be reporting in more detail on the jail issue to the Council
in Closed Session after the 7:00 p.m. session.
Carole Walters, (address on file), asked when a meeting will be held for residents concerning the
jail? Mayor Coontz explained it is important that the East Orange General Plan first be
reviewed, as it covers schools, trails, churches, residential, commercial, industrial, etc.
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September 28, 1999
5.
REPORTS FROM COUNCILMEMBERS
Tape 1867
5.1 Councilman Slater - Development and annexation issues for R. J. Noble property in
northwest Orange. (A31 00.0)
Councilman Slater reported this project has been progressing over the last six or seven months.
It is time for Council to come to a consensus on what the City would like to see developed on the
property, so the City can address its concerns and needs to the County, so when the City annexes
the property, it is something that the City really wants. The City needs to increase its
involvement in light of what the owner is proposing to develop and the inherit problems. The
entire process is moving through the County and not the City. The 100 acres will a tremendous
impact on the northwest section of Orange and what is developed, the infrastructure, traffic
circulation, etc. Residents now have to go to the County to address their concerns and issues.
The City's interests need to be represented in the way the Council feels the project should be
developed.. The property is zoned as open space and the County General Plan Land Use
Designation, taken out of the County's Master Plan of Parks, states that if for any reason a
County park is not proved to be viable in this location, the land would be suitable for other uses,
i.e., golf courses, fishing, lake, etc., not multiple family houses, pocket parks. Concern was
expressed that City staff was not represented at two neighborhood meetings.
The City could miss an opportunity to have viable open space and recreational facilities with
lighted fields. Five hundred unit apartments are proposed at a density higher than any residential
land use currently in the City's pre-zoning options for residential. The applicant proposes to
develop the property at an elevation below the level of surrounding properties, including the
Santa Ana River. The property would remain in the flood plain; require flood insurance; and a
pump lift system would be needed to convey storm water and sewage flows. The City eventually
would not want to have this type of infrastructure. The school district has a problem with the
proposal of 1300 homes which will require another school site. There is not enough space in the
currently designated schools for development of this property. Another concern is what the
traffic impact will be in the area.
Councilman Slater continued that Supervisor Coad's office has indicated that not much work has
been done yet. The City should make a concerted effort to talk to the owner, Paul Cleary, into
annexing the property, and provide him assurance that the process will not be as painful as the
process he went through ten years ago. He requested a written opinion from the City Attorney on
when and how annexation can occur with or without the property owner's cooperation. Council
should apply a lot of pressure to annex the property as soon as possible, and if not now, after the
entitlement process, in which the City should also be involved so it does not lose out on fees, etc.
It is his understanding that Brian Lake and Associates, who is working with the developer, would
prefer to develop the acreage and not have to worry about annexation. If the City does not want
the property, the County would be stuck with another island, which they are trying to shed.
Further, he would like the Planning Commission to assess what ideally the City should have on
the 100 acres, taking into strong consideration the City's shortage of parks and lighted fields.
The City should be telling the owners and the County what the City needs at the property.
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CITY COUNCIL MINUTES
September 28, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz asked the City Manager to explain the process, what the City has done, and what
the opportunities are for involvement. At the time a presentation was made to Council that this
.- proposal was being entertained through the County, all Councilmembers expressed the opinion
they wanted to be a part of it.
The City Manager explained City staff has scheduled a meeting with the County CEO's office to
work on an annexation agreement. There needs to be a property tax split agreement to negotiate
revenues for City services. The City wants the County to take into consideration what the City's
development standards are. However, the City does not have the ability to dictate that at this
time.
Mayor Coontz asked for an explanation of the annexation process and when the City can take the
initiative. The Director of Community Development explained there is the assumption that the
property will annex to the City of Orange at some time. Staff has spent a lot of time working
cooperatively with County staff and the property owner representatives to insure issues are being
addressed and answered in the best interest of the community. Major issues are outlined in his
memo to the City Manager dated September 22, 1999. The City has services needed by the
future residents of the property, which is key in working with the property owner to have
annexation to the City occur.
Mayor Coontz indicated a timeline depicting what the opportunities are or are not for the City,
and the process is important so that citizens have the opportunity to know where and when the
meetings will be held. Council expressed their thoughts on this issue, recognizing it was coming
through the County. Council needs to be provided with reports on the meetings that City staff
has with the County and what the issues are as they change to be able to provide input.
Councilman Alvarez concurred that he also would like Council to have the opportunity to
provide staff with feedback as to what the City is looking for and find out when the City can
begin to intervene. He suggested Mayor Coontz and Councilman Murphy address this issue at
the City-Schools Coordinating Committee meetings.
Mayor pro tern Spurgeon commented the City ought to concentrate on what it has control over.
Putting pressure on the owner will not make any difference in starting the process with the
County. The City's input to the County will be extremely important. He supports working
closely with the County and Supervisor Coad's office to express the City's interests and
-
concerns.
Councilman Murphy expressed concern with the annexation process being handled in a timely
manner and on a legal basis.
********
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CITY COUNCIL MINUTES
September 28, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
The following speakers spoke in favor of the annexation and also expressed their concerns:
Carole Walters, (address on file) -,
Nancy Townsend, 101 W. Riverdale #53
Shirley Grindle, 5021 E. Glen Arran, asked how people are going to be notified of County
meetings?
Debbie Eaglin, 222 Paddle Wheel Circle, asked who to call for information about timelines,
environmental impact, etc?
Barbara DeNiro, (address on file)
Corinne Schreck, 446 N. James, asked if the City is familiar with any of the preliminary plans?
All speakers urged Council involvement with the development of this property. Other concerns:
impact on the noise level; Riverdale extension; traffic; peacefulness of the riverbed; overcrowded
schools; twenty five years ago the property was supposed to be a park; property has had the
benefit of the highest and best use for the last 50 years; property is needed for open space and
parkland and should not be developed for high density residential; there should not be any
residential, only commercial along the main streets; the City needs to fight harder to annex the
property to the City; it may be too late when the City does get involved; 26 acres will still have
trucks going in and out; residents want the City to represent them rather than the County; there is
inadequate parking at Olive Park; 500 apartments and commercial on the Olive Park side of
Glassell; and no City representation at the Olive Park meeting on August 31 st.
In response to concerns with the Riverdale extension, Mayor Coontz indicated the extension is
not being considered. In addition, there has been a business change recently at R. J. Noble. Mr.
Cleary is no longer involved in the corporate endeavor.
Councilman Slater noted that Environmental Impact Report (EIR) No. 577 expresses many
potential impacts the project will have to address.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that: 1) Staff provide Council with a timeline that will show when and what is taking
place; staff issue regular reports to Council with a status of what is going on with the project; 2)
City Manager and staff in conjunction with the Planning Commission relate to Council what they
would like to see the City's needs in terms of parks and lighted sports fields; after that is
finished, return to Council for review; 3) City Attorney to provide an official opinion as to what
the Council's legal options are now and along the entire annexation process; 4) work closely with
the school district on this issue directing the Cities-Schools Committee also to discuss this;
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CITY COUNCIL MINUTES
September 28, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
5) direct staff to find out how notification will take place on the County level; if notification is
not provided, the City should send notices to residents; 6) send letters to property owners on
behalf of the Mayor and City Council asking them to consider annexation as soon as possible so
that the City can be involved; and 7) the City Manager appoint a City staffliaison to work with
Supervisor Coad's office.
5.2
Councilman Murphy - Update on Millennium Committee and activities planned.
Tape 3382
Murphy to the Millennium
and had input on Committee
Mayor Coontz commented that she appointed Councilman
Committee in February; has visited the Committee meetings;
membership.
Councilman Murphy reported the Committee has planned a series of events to celebrate the turn
of the century in the City of Orange. Some Committee representatives are: Karen Herrara,
Sandra Warne, Bruce Patrick, Nancy Ann Just, Al Ricci, and Christine Carpenter. He displayed
a copy of the logo created by Bruce Patrick and Craig Halverson, Photo Marketing Association
International, which will identify all millennium events planned for next year. The logo says:
"Celebrating Orange 2000. A Vibrant City for the New Millennium". The logo will be made
available in pins and patches to community members, school children, etc. The kick-off event
will begin with a New Years Eve Millennium Party at The Block. The Committee is putting
together a calendar of additional events. Bruce Patrick, Patrick's Photo and Portraits, is
developing a photo contest to create a visual record of Orange at the dawn of the new century,
based on several themes and categories. Suggestions and input will be sought on a motto for the
City, which will be brought back to Council for a final decision. The Millennium Committee has
recommended a clock be installed on an archway on west Chapman at the entrance to Santa Fe
Depot Park. An idea to generate funds is to revisit the commemorative brick or plaque to be
integrated into the Park site, similar to the opportunity provided with the centennial plaques in
the Plaza. A report which includes the budget and more details for the millennium celebration
will be brought back to Council.
Mayor Coontz suggested the logo be incorporated into Economic Development celebration
activities.
Sandra Warne, 1208 E. Adams Avenue, Millennium Committee Member, commented on the
tremendous support from The Block. The schools will also be included in competitions for the
celebration.
Barbara DeNiro, (address on file), commented on the millennium logo.
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CITY COUNCIL MINUTES
September 28, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 3851
6.1 Request by members of the East Chapman Improvement Committee to disband.
(Continued from August 10 and 24,1999) (ORI800.0.8.8)
The Director of Community Development reported if the Committee is disbanded, the
established design criteria for this area of Chapman Avenue would be implemented by the
Planning Commission and Design Review Committee.
Councilman Slater expressed concern with disbanding the committee, indicating he would rather
see it refocused and more applicable for today. The issues in the El Modena area need to be
addressed and the Council should remain involved.
Mayor Coontz commented the Committee needs to disband. Supervisor Coad, the Sheriff and
the Police Department should be given the opportunity to proceed with their plans.
Robert Torres, East Chapman Improvement Committee Member, expressed satisfaction with
what is being done in the EI Modena area. However, other areas in the City need to be looked at
concerning the streets which are deteriorating and vehicles and commercial trucks are parking in
the area.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
NOES - Slater
Moved to honor the East Chapman Improvement Committee's request to disband the Committee.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to request through the City Manager that a report be brought back from the Police Chief
and the Public Works Department on any improvements that need to be made in the City side of
the El Modena area. If it is felt a Committee is needed at that time, goals could be worked out.
6.2 Reappoint Frank Sciarra and Joe Fortier to the City Traffic Commission, terms to
expire September 30, 2003.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
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September 28, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
6.3 Appointment of Phyllis Walker to fill the alternate position on the Orange Park
Acres Planning Committee, term to expire January, 2001. (ORI800.0.26.1) Tape 4185
-
Bob Bennyhoff, 10642 Morada Drive, expressed support for the appointment of Phyllis Walker.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7.
ADMINISTRATIVE REPORTS
Tape 4281
7.1 Status report from Directors of Community Development and Public Works on
Santiago Creek and Tustin Branch proposed trail projects. (C2300.H)
Mayor Coontz commented she requested this report because of complaints received on the
railroad properties. Item No. 13.1 on the agenda initiates the weed abatement process. The
Police Department and City staff are addressing other issues of concern.
The Director of Public Works reported some segments of the trail are constructed. The City filed
an application for a Transportation Enhancement Act (TEA) grant for $294,000 for the Santiago
Creek Trail for design and implementation of the segment of the trail between Hart Park and
Cambridge Street. The amount of funding needed for the remaining portions will be determined
after the alignment study is completed. Since the trail is multi-jurisdictional, as development
opportunities occur along the trail alignment, developers will be required to dedicate rights of
way or make improvements to mitigate the affects of their projects. Other cities that take on
projects under grant programs through other funding sources have responsibility for their
segment of the trail.
"....,
The Tustin Branch Rail Trail includes the cities of Orange, Tustin, Villa Park and the County of
Orange, along the abandoned railroad right-of-way. Portions of the trail are constructed and on
public streets, due to the railroad right-of-way no longer being continuous. The $1.89 million
grant approved in 1995 will allow the City to gain control of the right-of-way. There is not
enough money in the grant to construct the trail in its entirety. At present, the City has a release
under a MOU of $100,000 of the grant for the preliminary alignment studies, environmental
assessment and public outreach efforts. It is hoped, once completed, to get further approval for
use of $1 million for the detailed legal and environmental work and acquisition of the rights of
way.
Mayor Coontz indicated that this is a progress report. More information will be provided to
Council. The goal is control, acquisition and improvement of the railroad properties, and
pursuing opportunities for bike trails and their extension.
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CITY COUNCIL MINUTES
September 28, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Steve Borden, 447 So. Olympia Way, commented the railroad easement is being used by the
pipeline who leases the property from the railroad. The City was asked to remove dirt dumped
illegally on the railroad easement located between Prospect and La Veta and to grade the dumped
dirt on the easement. Concern was expressed with loiterers in the area and no security. Mayor
Coontz directed the City Manager to address this issue.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.
REPORTS FROM CITY MANAGER
Tape 4674
8.1 Community Services Foundation Report. (C2500.I)
The Director of Community and Library Services reported information regarding non-profit
foundation was obtained from the cities of Anaheim, Costa Mesa, Tustin, Garden Grove, and five
cities in other counties. Information is currently being gathered from private foundations, i.e.,
Chapman University and St. Joseph's Hospital. The foundations were created to provide a tax
benefit for both private and corporate donations. In each situation, the point was made that
unless there is clarity to the goals and objectives for the expenditure of funds, the chance and
opportunity for success is limited.
A few years ago the City Council approved the formation of a Library Foundation. At that time,
a few community volunteers came forward and diligently tried to put the process in motion. The
State approved the Library Foundation's application for non-profit status. The City issued a
check for the federal application and submitted the fee to the IRS. The IRS informed the City
that the foundation's application was lost. If Council desires, staff can assist with the re-
submittal of the application. There has been some consideration to have the Community
Services Foundation and Library Foundation move simultaneously. Staff is approximately one
week away from having the paperwork ready for the Community Services Foundation.
Mayor Coontz stated that she recommended the Library Foundation in 1992, but due to the
recession and the lack of interest by management at that time, Council had to look for volunteers
to put the Library Foundation together. Therefore, the basis for the Library Foundation and its
specific goals has already been created. People continue to be interested in its involvement. A lot
of changes have occurred since that time. The current Council is interested in the future of the
libraries and in doing all they can to provide good library service. Appreciation was expressed to
the City Manager and department head for the offer to re-submit the application to the IRS; the
focus of the Library Foundation being capital funds.
-
PAGE 14
CITY COUNCIL MINUTES
September 28, 1999
8. REPORTS FROM CITY MANAGER (Continued)
-
Councilman Alvarez commented he brought forward the idea of the Community Services
Foundation. He has contacted other cities to find out the pros and cons of putting together the
foundation and recommended the City move forward on both foundations. The Library
Foundation would meet the needs of new and/or existing libraries. The Community Services
Foundation would support the necessary programs the City is now doing. The following was
proposed: 1) The combination of a department head and contract employee as an alternative for
an executive director. The Library Foundation under the control of the City Manager and the
department head would assure the City Council of the accountability of monies coming in. 2)
Direct the City Manager to come up with a contract agreeable to the City and the contracted
employee. Large corporate donations could be garnered that City staff could use for existing
programs offered by the City.
Mayor Coontz expressed concern moving forward with the Community Services Foundation idea
at this time, as staff is in the process of obtaining information about non-profit foundations. The
City Manager commented that progress is being made but more time is needed to gather
additional information. He would like to further review with Council the goals and objectives
for each foundation and the specific direction to be taken.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file the interim report. Staff be directed to bring a report back within 30
days which includes a performance assessment based on the size of the cities surveyed and the
types of setup, i.e., contract employee vs. department head.
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council will recess 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) (three
potential cases:
1. Yorba Park Remediation
2. Siting of County Jail in Orange's Sphere oflnfluence
3. Telecommunications Providers
PAGE 15
CITY COUNCIL MINUTES
September 28, 1999
11. RECESS TO CLOSED SESSION (Continued)
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
2. City of Orange v. Shepherd Academic, et aI., Orange County Superior Court Case No. 81 18
31
3. Diamond Cab v. OCTA, City of Orange, et aI., Orange County Superior Court Case No. 81
3738
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 ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 5413
Roger Young, (address on file), expressed concern with the neglected condition of Pitcher Park.
A petition was submitted to Council from the surrounding residents. Mayor Coontz responded
the City Manager and department head will address the concerns. (C2500.M.4.16)
Carole Walters, (address on file), commented that she had expressed concern with the condition
of Pitcher Park a few weeks ago.
Steve Borden, 447 So. Olympia Way, requested Council revisit the community on the acceptance
level on projects that have been in planning for some time. It has been five or six years since the
City asked the community about the idea of a bike trail along the railroad easement. Mayor
Coontz responded these issues will be revisited.
Gloria Boice, 143 N. Pine, commented she has not received a response to her December, 1998
letter to Council addressing past and future maintenance of Orange's historic park. She asked
that a response be provided so that the City's historic parks are preserved.
Shelly Perras, 1441 Main, commented on the negative impact the Chapman!Main construction
project has had on her business. Councilman Slater asked for a status report on the project. The
Director of Public Works responded the project should be completed within the next 30 days.
Mayor Coontz directed that this issue be handled as soon as possible and that a status report be
provided to Council.
PAGE 16
CITY COUNCIL MINUTES
September 28, 1999
13.
PUBLIC HEARINGS
Tape 6167
13.1 WEED ABATEMENT HEARING - FALL (C2500.H.2)
Time set for a public hearing for the purpose of considering and hearing objections to the
proposed removal of weeds which constitute a public nuisance. Resolution No. 9176 adopted by
the City Council of the City of Orange on September 14, 1999 declares weeds a public nuisance
and initiates abatement proceedings.
The properties which constitute a public nuisance and must be abated by the removal of weeds
are:
Vacant lot across from 6202 E. Wimbleton Ct.
541 E. Collins
Abandoned Railroad Tracks from Fairhaven to Chapman
Assessor's Parcel No. 093-150-71
Assessor's Parcel No. 375-211-32
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Steve Borden, 447 So. Olympia Way, commented that staff is unclear on who is responsible for
the abandoned railroad tracks from Fairhaven to Chapman. He requested other material that has
been dumped on the properties be abated.
The Fire Safety Specialist reported that Union Pacific is the owner of the railroad portion from
Fairhaven to where it leaves the City of Orange. When abatement procedures occur all rubbish
and debris will be removed.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Declared the subject properties a nuisance and approved abatement by a private contractor.
--
13.2 PLAZA PRESERVATION PROJECT; REVISED NEGATIVE DECLARATION
NO.1553-98 (N1200.0 NEG-1553-98) Tape 6316
SUMMARY: The City Council appointed and directed a Citizens Committee to recommend
proposed improvements to the Plaza Quadrants and Park. As such, the City Council is requested
to consider approval of Mitigated Negative Declaration 1553-98 per the California
Environmental Quality Act requirements, approval of the Citizens Committee's
recommendations for incorporation into the conceptual plan for the Plaza Quadrants and Plaza
Park Preservation Project, and approval on one of the four street tree options.
PAGE 17
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
FISCAL IMP ACT: Funds are budgeted for FY 99/00 in the following accounts:
Account No. 500-7021-485100-9875
Account No. 510-7021-485100-9875
(plaza Renovation)
(Plaza Renovation)
Total
$420,663
$244.719
$665,382
Mayor Coontz reported this project has been one of the most talked about issues in the City. The
community was assured that the focused attention given the project does not end with Council's
vote at this meeting. This is only the beginning. Once a plan has been agreed upon, the City is
committed to working with the local business owners and residents to minimize construction
impact as much as possible. There are also timing issues with the proposed plan. For the past
year, the community has voiced their opinion on everything from Pine trees to pavers.
Appreciation was expressed on behalf of the Council and the community to the Citizens
Committee who gave up countless hours over an eight month period to study the project and to
come to a consensus on almost all the issues. It was hoped a consensus could be reached on the
trees because it has been the issue of most contention. Mayor Coontz indicated she has walked
the Plaza many times, discussed the Project with City staff, and reviewed the variety of public
comments.
Note: Councilman Alvarez abstained from voting on this issue due to a potential conflict of
interest due to property interest at 131 S. Glassell Street and 60 Plaza Square being located
within 300 feet of the proposed project.
The Director of Community & Library Services reported the Plaza Park and Quadrants
Preservation Project has been reviewed in two public meetings and fourteen Committee
meetings.
STRUCTURE AND PROCESS OVERVIEW
The Community Services Manager reported that the City Council and Planning Commission held
a Joint Study Session in December, 1998 regarding proposed improvements to the Plaza Park
only. The City Council listened to public comments regarding the Quadrants and the Plaza Park
and directed the Plaza Committee to expand its scope of work. The Plaza Committee is
comprised of nine members as follows: Bill Cathcart, Cathcart!Begin Associates, technical
advisor to Committee and non-voting member; Randy Bosch, Planning Commissioner; Carole
Walters, Orange Taxpayers Association, Barbara DeNiro, alternate; Mike Escobedo, Downtown
Merchants Association; Hank Mascola, downtown merchant; Brady McDonald, Old Towne
Preservation Association, Joan Crawford, alternate; Judy Schroeder, Historic Preservation
Association, Adrienne Gladson, alternate; David Hart, resident at-large and long time resident of
the Old Towne area. The Plaza Committee was commended for dedicating their valuable
personal time, setting aside personal organization interests, and working collaboratively as
community members for the preservation of the downtown Plaza. The Committee members
recommended proposed improvements covering 39 decision packages. Thirty ofthe proposed
PAGE 18
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
improvements and final recommendations of the Committee for Council approval reflect
consensus majority of the Committee on each proposed improvement. The nine proposed
- improvements not receiving unanimous Committee support are outlined on Page 3 of the agenda
report. The only significant proposed improvement for which no recommendation was made was
the street tree option in the Plaza Quadrants.
KEY COMMITTEE COMPONENTS
Brady McDonald, Plaza Citizens Committee Member, presented an outline of the Committees
recommendations:
Plaza Park
1) Keep and restore the existing fountain and repair the broken tiles around the base.
2) Expand the circular sidewalk around the fountain.
3) Remove the rose bed, bringing the fountain out approximately 3 feet.
4) Replicate the rounded curbs, bringing the flower beds around the fountain.
S) Remove the seven fat Cypress trees around the fountain and replace them with four slender
Cypress trees.
6) Keep the double H sidewalk pattern and replace the cracked cement with identical
crosshatched concrete.
7) Remove the roses along the double H sidewalks to flowerbeds on the outer edge of the
circular sidewalk around the fountain.
8) Add four acorn style lights in the Park.
9) Keep all the trees in the park, except for the Avocado.
10) Remove the P. A. system and install a telescoping flagpole in its place.
11) Keep the metal and cement wood slat benches.
12) Keep the bollards separating the Park from the traffic circle.
13) Relocate the green electrical boxes to a nearby alley or parking lot.
Plaza Quadrants:
-
1) Remove the planter boxes and brick pavers and replace them with crosshatched concrete like
the Plaza Park.
2) Add metal benches with wood slat similar to the ones in Plaza Park.
3) Keep the clock where it is.
4) Relocate the crosswalks to opposite corners allowing for safer pedestrian crossings.
The Committee did not make recommendations on the two most controversial issues, removing
the pine trees and changing the traffic circle from two lanes to one. The traffic circle idea has
been dropped.
PAGE 19
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
Four alternatives offered for PineIPalm Tree issue:
1) Replace the Pines with Palms
2) Keep the Pines and add the Palms
3) Keep half the Pines and add Palms
4) Leave the Pines and don't add any Palms
--
HISTORIC PRESERVATION OVERVIEW
The Community Services Manager introduced historic preservation consultant Robert Chattel
who assisted the Committee in committing and assuring that any proposed improvements
recommended are in compliance with the treatments of historic properties in the Plaza.
Robert Chattel reported on his review of the applicable standards, documentation, historic
photographs, history, and inspection of the property. The identification of significant and
character defining features recognizes features that helped guide the Committee in making
decisions. The project is called the Plaza Preservation Project because the primary treatment is
preservation, the maintenance of the existing character of the Plaza and its most significant
features. Elements of rehabilitation, restoration, and reconstruction treatment have also been
applied to the Project. Each treatment and its affect on significant and character defining features,
balancing problematic goals and change with historic preservation, the project achieves the goals
of meeting standards for treatment which are most applicable to this project and complies with
the Old Towne Design Standards and the standards for treatment. Mr. Chattel's report "Plaza
Preservation Project Analysis of Proposed Work" is included as Exhibit C to the City's staff
report.
CONSTRUCTION, MITIGATION AND SCHEDULING
The Community Services Manager concluded if Council approves the Committees'
recommendations and makes a decision on the street tree options, staff will need to conclude the
project by performing three basis issues: 1) Revise the consultant agreement with
CathcartlBegin Associates to provide for the sub-consultant work to do the engineering plans for
the construction drawings; 2) Retain historical consultant Robert Chattel to work with City staff
and CathcartlBegin Associates in the preparation of construction documents during construction;
retain the construction manager to oversee construction on-site and work with the downtown
merchants and incorporating their input into construction mitigation measures to ensure minimal
disruption to the merchants, and the residents living in the apartments; and 3) Revise the
probable construction estimates and schedules and return to Council with the information.
Councilman Slater asked who would be overseeing the demolition of the existing hardscape?
Will they be on-site when the demolition is taking place? The Community Services Manager
responded the intent is for Mr. Cathcart, Mr. Chattel, and the construction manager to be on-site.
PAGE 20
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
_ Speaking in favor:
Randy Bosch, on behalf of the Plaza Citizens Committee, commented that for Committee
Members to arrive at a consensus on the number of decisions they did is a great tribute to the
process. The process allowed for members of the public to join in the Committee discussions,
participate verbally in the process, and express their viewpoint. The Committee could not arrive
at a consensus on the trees because it is a difficult issue. The Council has to decide whether to
go with what is historically correct, based upon whose view of history, or go with what Mr.
Chattel has indicated in his report, that represents objects within the Plaza that are non-
contributing but could remain because they were there when the Historical District was created.
Mr. Bosch stated it is his personal opinion that there be some leeway on items that are non-
contributing but are not negative to the historical structure. The historically correct thing to do is
to have all Palm trees.
Mike Escobedo, 134 S. Glassell Street, Citizen's Committee representative for the Downtown
Orange Business and Professional Association, commented that a majority of downtown
merchants welcome the majority of the recommendations and the positive results they will bring.
The Association agrees that the Plaza Park is in need of the recommended renovations. Of the 39
proposed items, there are mixed feelings with the brick pavers, planters, and the Pine trees. The
businesses fear the disruption the three renovations may cause their businesses and livelihood.
The brick pavers are a dangerous hazard. The removal of them will assist in the much needed
upgrading of the Plaza's drainage and sewage system. The planters beautify certain quadrants
and clutter others. The removal of the planter boxes done in an efficient manner to maintain a
courtyard attractiveness and regulated for dining will be an extremely positive step for the
community. The Association would like to maintain the beauty of the Pine trees. Their goal is
to maintain the historical integrity of the Plaza while optimizing the aesthetic beauty. Their hope
is that the end result will be a Plaza the City is proud of; the community will benefit from; and
the business growth to the local merchant will far out weigh the disruption.
Tom Matuzak, 340 S. Grand Street, Old Towne Preservation Association Board Member.
--
Judy Schroeder, 1041 N. Elizabeth Place, Plaza Committee Member representing the Historic
Preservation Association, presented a letter to the Council, commenting that the Committee was
united in the determination to focus on historical elements while still addressing the needs of
safety, repair, etc.
Adrienne Gladson, 700 E. Lake Drive #97, commented that the Plaza Preservation Plan is long
overdue which enhances and preserves the Plaza environment; improves safety and maintenance
of the Square; amplifies the economic viability of the Plaza; and seeks to accomplish what the
citizens of Orange have long wanted, a Plaza that is focused on people and safety, while ensuring
that the space is properly preserved and never lost. The street level infrastructure is poor and at
best, the subsurface grade needs a complete overhaul. Ms. Gladson expressed support for the
PAGE 21
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
Committees recommendations and removal of the Pine trees. Palm trees would bring back a lost
element, add vertical features to the Plaza, and contribute to the treasured space.
-
Lissa White, 129 N. Glassell, expressed concern with traffic and pedestrian safety.
Lisa Ackerman, 151 N. Glassell, expressed concern for pedestrian safety in the Plaza and
supports extending the curb to the crosswalk.
Joan Crawford, 394 S. Orange, spoke on behalf of Old Towne Preservation Association
Anne Siebert, 340 S. Olive, on behalf of the Old Towne Preservation Association, expressed
support of the overall conceptual plan. It was asked that the following be considered when
preparing the construction documents: 1) Preserve all three rings ofbollards and chains in their
relative positions; 2) keep the walkways around the fountain in the 10 foot width as they are
today; 3) keep as many of the historic rounded curbs in tact as possible, replicating where
needed; and 4) inventory all items that are removed during the construction and reuse in same
locations.
Mary Anne Skorpanich, 292 N. Cambridge, on behalf of the Old Towne Preservation
Association, spoke in favor of a steady and well organized maintenance program. OTP A would
like to see proper oversight of any improvements and the Committee, if willing to do so, provide
some oversight during the construction project.
Other Reasons: The Plaza is physically the character defining feature of the City of Orange. The
Plaza has deteriorated; it must be kept relevant, useful, safe, and appealing. It is a good plan.
Expressed Concern:
Carole Walters, (address on file), submitted a petition with 137 signatures, 114 of which want to
keep the Pine trees; expressed concern with the removal of bricks, how long the process will
take, and loss of business to the merchants. Also concerned with the removal of Cypress trees in
the Plaza Park.
Barbara DeNiro, (address on file), presented letter to Council and expressed concern for the name
plaques paid for by the citizens.
Janine McCormack, 240 N. California Street, expressed concern for the removal of the Pine
trees, removal of the roses, and filling in with concrete in the fountain area. What justification is
there for making that change?
-
Tim McCormack, 240 N. California Street, expressed concern for the removal of the Pine trees
and stressed the importance of the overall maintenance, i.e. roses, concrete.
PAGE 22
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
Speaking in Opposition:
Joe Ledbetter, 232 N. California, asked if the City's Plaza Preservation Plan focuses on
renovation or restoration of the Plaza?
Hank Mascolo, 1459 N. Blake, Plaza Committee Member, spoke in opposition to the removal of
the brick pavers and support for keeping the Pine trees. Mayor Coontz commented an
opportunity was provided for a Minority Report.
Mark Clemens, 146 N. Shaffer, submitted a letter for the public record from Escudero and
Friburg, Architects which contradicts some of Mr. Chattel's recommendations.
Robert Boice, 143 N. Pine Street, submitted a minority report for the public record, which was
submitted to the Committee over the course of their meetings. Why does the City want to
change Plaza Park rather than do restoration and maintenance work? Where did this Plan come
from and who had the idea to begin with?
Gloria Boice, 143 N. Pine Street, expressed concern with the fences being altered, removed or
relocated, asking that a recommendation not be approved which calls for the installation of a new
fence with poles that fit in sleeves. Consider the concrete curbs that border the sidewalks in
Plaza Park. Leave the configuration of the sidewalks as they are. If Palm trees are approved, do
not allow up-lit Palm trees. Sufficient environmental review needs to be given to the increased
light level proposed in the Plaza Square. Ms. Boice asked that the walkway in the outer
perimeter be returned to its 1937 width and urged Council to reject any recommendation and
approve an alternate project that will preserve the Plaza's historic features.
Bill Lanning, (address on file), expressed concern with the brick pavers being removed; urged
Council not to mix the Pine and Palm trees and not to approve the Project until there is a
breakdown on the cost ofthe individual items.
Bea Herbst, 1435 E. Walnut, asked Council to leave the Pine trees and maintain the curbing that
currently exists.
Brian McBroom, 55 Plaza Square, expressed concern with the removal of the planters in the
quadrants, as they allow a nice seating area. The consensus of the Plaza merchants is to leave
- well enough alone.
Marjorie Schirmer, 2750 Hearthside Street, expressed support for keeping the Plaza the way it is.
Trim the trees; leave the pavers; fix the cement; trim the bushes; and maintain the Plaza.
Linda Swartz, 733 E. Palmyra, expressed support for the Committee's recommendation with few
changes and more maintenance. Concern was expressed with the removal of the plaques and the
money being spent. The planters should not be removed.
PAGE 23
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
Tom Growchow, 163 N. Pine Street, urged Council not to approve a project that will remove
historic features, i.e. pole and chain fences, flower bed, walkway rounded curbing, or a project
that will introduce new features, i.e. a larger expanded concrete area.
Todd Wallace, 1325 Dana Place, requested a clarification on the vote taken by the Committee
regarding the Pine trees.
Chuck Harrison, 146 S. Harwood (submitted speaker card in opposition), did not speak.
Carol Werth, 130 S. Harwood, (submitted speaker card in opposition), did not speak.
Josie McCausland, 5029 E. Tenderrow #D, commented the Plaza could become a tremendous
tourist draw if the City were able to enhance what it already has. An explanation was requested
on the uniqueness of the proposed concrete design to the 1937-1949 period.
Aleta Bryant, 148 N. Waverly Street, spoke in opposition. The Plaza can be maintained and
cherished. Concern was expressed with creating public access to the fountain.
John McClintock, 260 California Street, asked that his grandfather's name in the brick pavers be
preserved.
Herbert Duran, 240 S. Foley Place (submitted speaker card in opposition), did not speak.
Other Reasons: Bricks add charm and finesse to the Plaza; Plaza needs maintenance, not
renovation or rehabilitation; there is no valid reason for removing the 28 yr. old Pine trees; once
the historic fabric is taken out of the center of the Plaza Park, a precedent is set; and maintenance
is lacking on the Pine trees.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
Mayor Coontz commented her concern last year during the International Street Fair was drainage
problems occurring near Dietrich's Coffee House. At the time the bricks were placed in the
Plaza, nothing was done to take care of the infrastructure problems. There are also three or four
different kinds of pavement repair and holes in the pavement.
Mayor pro tern Spurgeon asked where the brick pavers would be relocated if removed? The
Community Services Manager explained the plaques will be restored, cleaned, and reinstalled
into the scored concrete in the same location, more easily legible to pedestrians.
PAGE 24
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
MR. CHATTEL'S RESPONSE TO QUESTIONS:
_ The four different preservation treatments are: 1) Preservation which is equivalent to
maintenance; 2) Rehabilitation which allows some change; 3) Restoration which brings back
feature to a particular period of time; and 4) Reconstruction which puts back a feature that is not
now present, usually based upon documentary evidence.
Quadrants: The Pine trees, raised planters, and brick pavers are non-contributing features.
They were recognized in the National Register nomination and to this day would not be counted
as contributing features. They are not historic, but they do not detract from the character of the
Plaza.
Plaza Park: Very often, in cycles, there needs to be comprehensive and substantial change to
replace the severely deteriorate features of historic landscapes and buildings. Wholesale
replacement of infrastructure to accommodate changes over time, deterioration of systems, are all
anticipated and dealt with in the standards. It does not mean that maintenance has not been
performed. Periodically, wholesale replacement of severely deteriorated systems is necessary.
Increased walkway width around the fountain: Mr. Chattel responded the increase in width of
the walkways allows for ease of pedestrian traffic flow during peak times. In the original plan of
the Park laid out in 1886-87, each of the eight walkways that lead to the center of the Park do not
increase in width when they get to the Center. When there are many people in the Park, because
there is not an increased area of walkway in the center, it would be difficult to pass.
Increasin~ the concrete area. Mr. Chattel indicated this responds to the problematic need as he
understands it and as the Committee expressed it. It is reasonable to accommodate the
problematic need to widen the walkway around the fountain.
Removal of the curbini directly around the fountain. Mr. Chattel said his hope would be that the
curbing could be reused around the fountain. The radius curb is the same when it moves out.
There is no reason why it could not be reused. There is probably 50% of the curbing left in the
Park, but it is a very important character defining feature. It is intended to use the maximum
extent feasible of the existing curbing.
Chain and bollard at the fountain. Mr. Chattel explained one is directly around the planter at the
- fountain and the other is opposite the fountain. The chain and bollard is not always present in the
historic photographs. The particular chain and bollard is from the 1930's. It is Mr. Chattel's
opinion, based upon historic photographs, that the chain and bollard was used to deter people
from walking through the planter and getting to the edge of the fountain. There is an historic
precedent in the 1920's with the earlier and smaller basin that allowed for a paved area
immediately adjacent to the fountain and a planter set away from the fountain in the paved area.
It seems a reasonable approach to pave directly adjacent to the fountain; move the planter a small
distance from the fountain as it was in the 1920's, and replant roses in that area. There might be
opportunities to put the chain and bollard back. By removing the planter immediately adjacent to
PAGE 25
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
the fountain, the problem is eliminated of why the chain and bollard was likely there in the first
place.
Adding brick pavers to the Park. Mr. Chattel indicated this would create a look that is
inconsistent with the historic character of the Park. There were never brick pavers in the Park,
and he would recommend against their use.
Perimeter walkway in the Park. The Committee has recommended it stay at its current reduced
width from the original. Either option is acceptable, retaining it at its current reduced width or
expanding it. Problematically, fewer people today would use the perimeter walkway, so its
smaller width is appropriate. The greater flow of traffic around the Park probably deters people
from using the perimeter walkway. There are options for where benches are placed in the Park,
either within a planter or on a walkway. On the perimeter, the benches are placed within the
planter, allowing greater space for pedestrians on the walkway.
Lighting. There are four cast stone lighting standards added to the Park which are consistent
with the four that exist in the Park. That is an appropriate response to greater tree coverage and
need for better lighting and security. A detailed lighting plan has not been gone through.
Additional lighting is needed and recognized as a problematic goal, as long as it does not detract
from the historic features. Additional lighting and up-lighting is one of the elements of the plan.
The Community Services Manager explained the reasons for the recommendations are I) to
enhance and preserve the historical preservation of the Plaza; 2) to improve the safety and
maintenance of the Plaza, Plaza Park, and the Quadrants; and 3) to maintain and enhance the
economic viability of the downtown area. Issues of concern are the infrastructure, water
drainage, the irrigation system, existence of the electrical panels, deteriorated state of the
walkways and the H pattern; the plant material not receiving enough sunlight; damage around the
curb, the condition of the fountain, pedestal, basin, and tiles, condition of the Cypress trees being
topped when they should not have been and replacing them with four new cypresses every 10
years so they stand vertical. There have been numerous complaints and concerns from local
residents to address the slippery surface of the tiles in the Quadrants. The economic viability and
the foot traffic in the downtown area has resulted in an Outdoor Dining Ordinance, an added
feature to the area. Other issues relate to the crosswalk being changed for pedestrian safety. The
crosswalks are in their current position so that as traffic turns right bound going into the Plaza
circle, it poses problems for those trying to cross to the Park. It is recommended that the
crosswalks be relocated to the other side so that oncoming traffic can break for pedestrian access.
American with Disabilities Act (ADA) access also needs to be considered for use of the fountains
and travel space for pedestrians. The drainage problems is one of critical issues; cracks have
been identified in the drainage system. These types of issues were what brought this project
forward for Council consideration. Last year $27,000 was spent on maintenance for the Plaza
area; effective May 1, 1999 the budget was increased by $19,000. There has been an increased
level of general maintenance, i.e. street sweeping, trash pick-up, etc. However, this will not be
PAGE 26
CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
noticeable from an aesthetic prospective until the improvements are made. Tree trimming will be
done annually.
The City Manager explained because of Council's familiarity with the condition of the Plaza, the
historical significance and its infrastructure, it seemed appropriate to move ahead with the overall
conceptual plan of the project without specific costs being addressed. No costs have been
considered by the Committee at this time. Council approval will be necessary for any
appropriations or expenditures. The cost to the merchants has not yet been quantified.
Mayor Coontz asked the City Manager to address how the City will be working with the
community, merchants, and scheduling of events in the Plaza. The City Manager explained any
engineering plan would be brought back for Council approval. Relative to bidding on the
project, the City will look at alternatives to be as considerate as possible to the impact the
construction will have on the businesses. The City will consult with the business owners in
considering the impact of events that are normally planned by the Plaza or the businesses.
Mayor Coontz commented that she has been involved in historic preservation since 1976. There
was not the same type of community activity when the Palm trees were removed in 1976. The
consultant, Committee members, and those who interacted with them have done a great job.
Mayor pro tern Spurgeon commented there had been two prior votes on trees. After the first
vote, it was determined that Councilman Alvarez was ineligible to vote. A vote was again taken.
In both cases he voted to do away with the Pine trees because of a personal bias. However, many
people who frequent the Plaza have asked him to retain the Pine trees.
Councilman Slater requested Palm trees not be added to the Pines, since the Pine trees have been
there for 30 years.
MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to keep the Pine trees and not add Palm trees.
Discussion: Councilman Slater commented he supports the Committee's recommendations,
with four minor exceptions that are outlined in the letter from Old Town Preservation
Association.
Mayor Coontz confirmed that the roses would be located in the planters. Where would the
bollards be located? Councilman Slater responded the bollards would be retained in the rose
bushes around the perimeter, with one row ofbollards and chains along the 10 foot wide
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CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
walkway. Mayor Coontz suggested the four centered plaques on pillars stay around the fountain
at ground level. An inventory needs to be taken on what remains in the Plaza, i.e., manhole
covers, pieces of stamped pavement, etc. Concern was expressed with the condition of the soil,
indicating it needs to be tested. In addition to the infrastructure and drainage problems, the City
needs to find out what is under the pavement.
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to 1) Preserve all 3 rings of bollards and chains in their relative positions; 2) keep the
width of walkway around fountain same as it is today (which pulls it in 2 or 3 feet); 3) keep as
many historic rounded curbs intact as possible, replicating where needed; 4) inventory all items
removed during construction and reuse in the same locations (outlined in OTPA's letter from
Ann Siebert;. 5) Restore the walkway between the rose beds and the basin three feet; and 6)
locate the plaques out three feet to create walk space.
Councilman Slater commented there has been so much talk about demolition in the Plaza. When
driving around the Plaza, the only changes that will really be seen in the Plaza Park are the big
bushy Cypress trees removed. There will be four new Cypress trees, which staff has assured will
not be topped. Walking through the Plaza, you can see it has really been neglected, it is tired,
and severely deteriorated. It no longer properly represents the City of Orange. The City is going
to increase maintenance, and more than simple maintenance has to be done at this point. Some
parts of the Plaza Park cannot be retained due to severe deterioration. This is a true restoration
project; it is not a demolition.
Councilman Murphy commented the most accurate statement made is that historic preservation
is not an exact science. There have been more opinions and different influences on this project
than anything he has come across as a Planning Commissioner or as a Councilman. He is glad to
see this moving forward so the community can have a Plaza to be proud of.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Approved Revised Mitigated Negative Declaration 1553-98, finding that the proposed project
will not have a significant adverse impact on the environment or historic resources;
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CITY COUNCIL MINUTES
September 28, 1999
13. PUBLIC HEARINGS (Continued)
Approved the Plaza Citizens Committee's recommendations for incorporation into the Plaza Park
and Quadrants Preservation Project conceptual plan, with modifications.
-
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Directed the City Manager to prepare construction documents inclusive of project cost estimates,
timelines, and construction mitigation measures.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to create a Landscape Maintenance Plan for the Plaza.
Mayor Coontz commended the Plaza Citizens Committee and staff in doing an outstanding job
of providing Council with some very good ideas for the Plaza.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
The City Council adjourned at 11 :50 to a Joint Study Session with the Planning Commission to
be held on Wednesday, September 29, 1999 at 6:00 p.m. in the Weimer Room for an update and
overview of the East Orange General Plan.
~~drGdr~~.:f
CASSANDRAJ. THCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
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