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02-23-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON MARCH 9, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING February 23, 1999 The City Council of the City of Orange, California convened on February 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 Pastor Rod Schorr, Covenant Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Alvarez 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Employee Recognition Service Awards were presented by the City Manager to David Churnock, Anthony Panzica, III, John Pistorino, Shawn Travis, Elvira Zorola, Clark Smith, Virginia Miscione, Linnea 'Linn' Felthaus, Stanley 'Stan' Gabel, Jr., and Laura Hooks. (C2500.J.4.18) Recognition was given to Dave Rudat, City Manager, and Don Blake, recipients of the 1998 Silver Beaver Award from the Boy Scouts of America, Orange County Council. Recognition was given to Frank Page who received the Visionary Award on February 11, 1999 from the Transportation Corridor Agency for his instrumental contributions as a consensus builder which led to the development of TCA and the construction of the Eastern Transportation Corridor. Mayor Coontz displayed a plaque which had been presented to Frank Page and Hamid Bahadori, Traffic Engineer, relative to the recent opening ofthe west leg of the Eastern Transportation Corridor. A proclamation was presented to Peggy Roberts, 1999 Central County Regional Occupational Program (ROP) Business Leader of the Year in Orange. Mayor Coontz announced that early morning radio talk show hosts, Mark and Brian, have expressed interest in coming back to Orange to re-instigate a parade in the Orange Plaza on November 26, 1999. PAGE 1 CITY COUNCIL MINUTES February 23, 1999 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS (Continued) Mayor Coontz announced that dedication ceremonies for McPherson Athletic Facility Phase II (South Sunrise Little League) will occur at 9:00 a.m. and the Handy Park Concession Building dedication (North Sunrise Little League) will occur at 12:00 p.m., both on Saturday, March 6th. Mayor Coontz announced that in Executive Session at the February 9, 1999 meeting, Council approved the City Manager's decision to hire Acting Police Chief Andy Romero as the City's permanent Police Chief. Chief Romero fit the profile and is appreciated by the department and the community. The vote was as follows: AYES: Murphy, Mayor Coontz, Spurgeon, Alvarez NOES: Slater COUNCILMAN ALVAREZ COMMENTED FOR THE RECORD: "My support for Chief Romero was actually conditional. There were some things that I expressed concerns concerning personnel at the Police Department that I expressed to the Council and the City Manager. I can't go into it in detail because it is a personnel matter. But, I expressed my concerns, and they listened to them. One of the things I can assure you that was a condition that I asked for is that Chief Romero go through the same background check that Chief Bonacker did, our Fire Chief, because it is, what I saw, an outstanding type of a background check and quite frankly, I was pulling for somebody in the Fire Department and Chief Bonacker was the one that rose to the top, because he was the best man. And that is why I asked for that as part of the conditions of my support for Chief Romero. Thirdly, I had asked that a Career Development Program be installed for the Police Department. I was able to obtain one through the help of my appointment that was on the Citizen's Committee. Let me read this real quickly, its mission philosophy. Basically, a Career Development Program for the Police Department recognizes that the most valuable asset to the Police Department are the policemen. And that, what I would like to see, is for us to develop through our new Police Chief future leaders within the Police Department so that one day, as they make their way through the curve ladders and through incentives, both monetary and otherwise, that one day we will have a Police Chief that would have started with the Police Department at the very bottom and made it to the top. I think that would be a tremendous achievement for all of us. I am sitting next to a man that has done that with our Fire Department. So, it is very important for me to see that happen. A fourth condition was that we offer Chief Romero a contract. And this was actually put forward by Mayor pro tern Spurgeon. The reason for that basically is because of our history of the past year of going through the Robertson's hearings. I thought it was important for Chief Romero to know that we have his support and we want it to go beyond one or two years. Actually, I want it for Chief Romero. The significance of that PAGE 2 CITY COUNCIL MINUTES February 23, 1999 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS (Continued) basically to me was to bring some stability to the Department. As long as I have lived here is Orange in 42 years, people have always been proud of the Orange Police Department. We should always be proud of that, and I want to see Chief Romero take it to a new level. And finally, I would like to see the Citizen's Committee come back one last time. I had proposed this back last year in September. I think it is important for that Committee to meet with Chief Romero too and discuss their concerns as far as what they would like to see happen in this community. And, with those, as I have expressed it to the members of the City Council and our City Manager, I look forward to working with Chief Romero. I think he is going to be an outstanding person for the City. One thing I didn't mention was something I really don't mention, basically, as a Councilman, is my heritage as a hispanic here in the City of Orange. And I think that is an added bonus. Chief Romero really brings for the first time in our history an hispanic leader that we are all very proud of. He has attained this now as Police Chief of the City of Orange and I invite everybody to take the time to meet him. And with that, that was for the record." Mayor Coontz thanked Councilman Alvarez for speaking to the issues and suggestions proposed at the Executive Session by each member of the Council regarding the hiring of Chief Romero. However, this is a personnel decision behind closed doors and the City Council does not speak to these personnel matters out in public. The City Manager proposed that the officers in the Police Department have the training to move up so the City can be assured of good representation at the higher level in the future. Chief Romero is the first Police Chief the City has had that can speak Spanish. In response to Mayor Coontz, the City Manager explained the background check process required by State Law for Chief of Police, Police Officers and other requirements for City employees and volunteers. Mayor pro tern Spurgeon expressed his support for Chief Romero, indicating it has become evident over the past seven months that Chief Romero has stabilized the Police Department and continues to do so. One of the charges for Chief Romero is to position the Police Department for its next Chief into the next century. Support was expressed for the Citizen's Committee coming back to meet with Chief Romero relative to goals. Councilman Murphy expressed his confidence and support for Chief Romero, who came to the City of Orange and immediately motivated the Police Department and gained their respect. Councilman Slater indicated the reason he voted no was he really was looking for someone that more closely resembled the management philosophy of former Police Chief John Robertson who was fired on a 3-2 vote. He will abide by Council's decision and will support Chief Romero and the Police Department 100%. PAGE 3 CITY COUNCIL MINUTES February 23, 1999 2. PUBLIC COMMENTS Tape 1122 Carole Walters, (address on file), congratulated Chief Romero, expressing fear that she has of some police officers. Norm Phillips, commented on Section 54950 of the Brown Act relative to public agencies aiding in the conduct of people's business and the amount of time allowed for public speaking at Council meetings. 3. CONSENT CALENDAR Tape 1253 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of February 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. 3.2 Request Council Confirmation of warrant registers dated February 4 and 11, 1999. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting of February 9, 1999. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 A proposal to approve a Cooperative Agreement with the County of Orange to jointly participate in a slurry seal project administered by the County of Orange. (A2100.0 AGR-3203) SUMMARY: Join with the County of Orange to slurry seal six streets partly located in the City of Orange and County of Orange. The project would be administered by the County of Orange. The estimated City share would not exceed $10,800. ACTION: Authorized the Mayor and City Clerk to execute County of Orange Agreement No. D99-0 lion behalf of the City of Orange. PAGE 4 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account: $10,800.00 262-5021-483300-3120 (Street Maintenance) ALIGNMENT STUDY 3.6 East Chapman Avenue Alignment Study from Crawford Canyon Road to Equestrian Drive. (S4000.S.3) SUMMARY: The City Council authorized an alignment study and right-of-way acquisition for East Chapman Avenue as part of the 1996-97 Capital Improvement Program. A Traffic Study has been prepared to analyze future traffic volumes on East Chapman Avenue between Crawford Canyon Road and Equestrian Drive. ACTION: Received and filed. FISCAL IMPACT: None. BIDS 3.7 Award of Contract - Bid No. 989-19; Project SP-3259; ADA Wheelchair Access Ramps Various Locations (Fiscal Year 1998-99). (A2100.0 AGR-3204) SUMMARY: This project will provide for construction of wheelchair access ramps conforming to the requirements of Americans with Disabilities Act at various locations. The City Council previously approved advertisement on December 8, 1998. The bid opening was held on February 1, 1999. Twelve formal bids were received for this project ranging from $169,592.40 to $310,919.40. C. J. Construction, Inc. was apparent low bidder. C. 1. Construction, Inc. failed to meet the Disadvantaged Business Enterprise (DBE) participation goal of twelve percent (12%) as required by the project specifications. Therefore, the bid received form C. J. Construction, Inc. is deemed non- responsIve. ACTION: 1) Reject the bid received from C. J. Construction, Inc., the apparent low bidder, as non-responsive. 2) Accept Bid No. 989-19 in the amount of $177,443.90 from the second low bidder, Cooper Backhoe and Equipment, Inc., 1100 Irvine Blvd. #509, Tustin, CA 92780 and authorize the Mayor and City Clerk to execute the contract. FISCAL IMP ACT: Funds are budgeted and available in the following account: 310- 9645-483300-1328 $188,000.00 (Community Development Block Grant Funds- ADA Improvements). PAGE 5 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) 3.8 CLAIMS FOR DAMAGES (C3200.0) a. Michael & Ronnette Coates/PCS Internet ACTION: Denied claim for damages and referred to City Attorney and Adjuster. CONTRACTS (REMOVED AND HEARD SEPARATELY) 3.9 Renewal of a contract for employee dental insurance through Pacificare Insurance Companies effective January 1, 1999 - December 31, 1999 for a cost of $73,000. (A2100.0 AGR-2939.1) SUMMARY: The City has been using Pacificare Dental Program since 1997 as one of the dental plans offered in the City Benefit program to all employees. FISCAL IMP ACT: None. Discussion: Carole Walters, (address on file), asked if the dental insurance will be an increase for employees? The Personnel Analyst explained this is a yearly contract renewal. MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve renewal of contract to continue the dental program provided by Pacificare for a cost of $73,000 annually. (REMOVED AND HEARD SEP ARATEL Y) 3.10 Change Order No.1 to Contract No. 3084 (Bid No. 978-52) for installation of street lighting in the Old Towne area, and declaration of surplus light poles and fixtures to be made available to the public. (A2100.0 AGR-3084) SUMMARY: The ongoing street lighting project in the Old Towne area will replace 75 existing light poles and fixtures. This equipment must be declared surplus by the City Council to be made available to the public. Also, to relocate two of the installed service boxes to more appropriate locations, there is a need to execute a contract change order in the amount of$14,235.28 for Bid No. 978-52 with Highlight Electric, Inc. FISCAL IMPACT: $14,235.28 is available utilizing TSIP Area "B" - West Orange Street Light Installation Account No. 284-5032-483100-1818 funds. NOTE: Councilman Slater abstained on this item due to a property interest within the area where the street lights will be located and left the Council dais. PAGE 6 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) Mayor Coontz expressed concern that street lights in other areas of the City not being up to par, noting she had received calls regarding the street lights at the corner of Lincoln and Collins. The Director of Public Works was asked what kind of a master plan strategy the City has to place or replace lights in the City, and what his evaluation is of the quality and standard of lighting throughout the City, adding that the City needs to look at street lighting relative to traffic safety and crime prevention. The Director of Public Works explained funds have been budgeted in the Capital Improvement Program on a limited basis for street lighting work. Other than the current street lighting project, there have been no comprehensive City initiated lighting program or project. On arterial roadways, where traffic safety issues are most related, the City's approach historically has been minimal, providing some lighting at intersections and occasional mid-block lights. It does not comply with any type of lighting standard that is present in the industry for arterial street lighting. The best way to proceed would be to develop a Master Plan of Lighting which would identify the illumination levels appropriate on the various classes of roadways, the cost and number of lights required, and the amount of money available on an annual basis to implement the Plan. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved to authorize a contract change order in the amount of$14,235.28 for Contract No. 3084 (Bid No. 978-52) with Highlight Electric, Inc.; declare the existing light poles and fixtures, which are to be removed through Contract No. 3084 as surplus material which could be made available to the public; direct staff from the Public Works Department, City Attorney's office and the City's Purchasing Officer to develop legal procedures and documentation for release of this surplus equipment to the public; and asked that the City Manager consider a Master Plan of Lighting for the Capital Improvement Program (CIP) budget to address the lighting needs through out the City for safety and crime prevention purposes. (REMOVED AND HEARD SEPARATELY) 3.11 Change Order Two to Bid No. 978-35 for McPherson Athletic Facility. (A2100.0 AGR-3044) SUMMARY: Approval of Change Order No.2 to Valley Crest in the amount of $124,231.76 for the construction modifications and improvements at the McPherson Athletic Facility. Funding for Change Order No.2 requires an appropriation transfer from unappropriated reserves from the Park, Acquisition and Development Fund. PAGE 7 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: After the appropriation transfer, sufficient funds will be budgeted in the following account: 510-7021-481100-0143 (park, Acquisition and Development- Ballfield Relocation): Total: $ 125,000. Councilman Alvarez asked for the record that the City Clerk include the document entitled "Change Order Estimate Log' which lists the 32 modifications and improvements to the change order be attached to the Agenda staff report as part of the record. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize Change Order No. 2 to Valley Crest in the amount of$124,231.76 for the construction modifications and improvements at McPherson Athletic Facility; approve a transfer in the amount of $125,000 from Park, Acquisition and Development Fund (510) Unappropriated Reserves to the Ballfield Relocation Account No. 510-7021- 481100-0143; and the document "Change Order Estimate Log" be included with the staff report for the official public record. LOANS AND GRANTS 3.12 City of Orange Homeowner Participation Program. (C2500.G.l.3.1) SUMMARY: A Homeowner Participation Program (HOPP) grant to make improvements to a mobilehome located at 5215 E. Chapman Avenue #24 in the Orange Crest Mobilehome Park. ACTION: Approved a HOPP grant in the amount of $957.50 for Case No. 649 and authorize the Finance Department to prepare a warrant. FISCAL IMPACT: Sufficient funds are available in the HOPP Fund 315. The HOPP grant will be recorded under Account No. 315-9653-427800-1221 (HOPP Grant). REPORTS (REMOVED AND HEARD SEPARATELY) 3.13 Bus shelters with Coca Cola vending machines pilot program - request by Eller Media for permanent status at three locations. (A2100.0 AGR-1929.5) SUMMARY: In April, 1998, Council approved the installation of two bus shelters that incorporated a Coca Cola vending machine into the ad panels on a trial basis at the Mall of Orange and Santa Fe Depot. As a result of a successful pilot program, Eller Media and their client, Coca Cola Bottling Company, are requesting approval to keep the machines at these locations, and to add one more of these shelters on The City Drive at The Block. PAGE 8 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Approval would increase revenue by approximately $3,500 per year to Account No. 220-0000-293101 (Bus Shelter Revenue). Councilman Slater commented he originally supported the vending machines. However, after visiting the sites, he noted a lot of scratching and graffiti on the machines. He expressed interest in what the City of Huntington Beach has done with the Coca Cola Company in terms of a partnership and its mutual benefit, and asked that staff provide information on what was agreed upon with the City of Huntington Beach. Councilman Alvarez commented he had voted against the installation of vending machines. The machines create a blight problem and he would like to see them removed. Mayor Coontz commented Eller Media has done a good job with the cleanliness and operation of their bus shelters in the City. Bruce Siedel, President of Eller Media, 1539 W. Orangewood, indicated the shelters are monitored on a daily basis and that they have replaced the glass on the Tustin Street shelters several times. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue the trial basis program at the two existing locations for an additional three months and it be brought back at that time for reconsideration and possible expansion of one location on The City Drive at The Block. RESOLUTIONS 3.14 RESOLUTION NO. 9064 (A2500.0 Conflict ofInterest) A Resolution of the City Council of the City of Orange revising the Conflict of Interest Code for the City of Orange. ACTION: Approved. 3.15 RESOLUTION NO. 9072 (S4000.S.4 RES-9072) A Resolution of the City Council of the City of Orange authorizing the temporary closure of Collins Ave. between Main St. and Batavia St. for a special event on Sunday, April 25, 1999. ACTION: Approve. PAGE 9 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEP ARA TEL Y) 3.16 RESOLUTION NO. 9073 (C2500.M.16.1 LLN-98-8) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 98-8 adjusting lot lines of certain real property situated at Parcels 1 and 2 of Parcel Map No. 85-278 in the City of Orange, County of Orange, State of California, more particularly described in Exhibits "A" and "B". Location: Ridgeline Country Club Owners: Creekside at Orange Park Acres, LLC and David and Kerry Freimann In response to Councilman Slater, the Director of Community Development indicated his department has received an application for a residential subdivision of 34 homes. Jerry King, #1 Upper Newport Plaza, Newport Beach, commented a parcel of the upper undeveloped property is in the ownership of a new partnership. For legal purposes, they want to identify that parcel. They are not asking for a land use decision at this time, but only want to correct the record for the legal ownership, property tax assessment, and any legal documents related to leases or land use that now exist between the tennis club and the golf course. Mara Brandman, 7319 Equitation Way, representing COPAC, expressed support for the golf course; requested that Council consider continuing this item, expressing uncertainty that there are no land use impacts; and that there be discussions with the land owners, the community, and one or two Councilmembers to come to a solution. The separation ofthe two entities will aid in the development. The character of the topography of Orange Park Acres will greatly change with the tremendous amount of earth moved. Councilman Murphy asked if the lot line adjustment could have any impact on the land use? The Director of Community Development responded the proposed new lot lines appear to be refinements ofthe existing lot lines. He understands the owners are trying to segregate the club house and its use and the golf course for separate ownership and concludes that the lot line adjustment does not have a great deal of impact on any future land use. Laura Thomas, 7211 Clydesdale, Orange Park Acres, President of Orange Park Association, requested Council send the lot line adjustment back to the application process with the residential development that is at the table in the Planning Department. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, requested continuance of the item for one month or until Council acts on the proposal to allow time for an agreement to be reached on both sides. An Environmental Impact Report will be insisted upon. The golf course is the only open space in Orange Park Acres. PAGE 10 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) Mayor Coontz asked what the calendar is for the residential subdivision application? The Director of Community Development responded staff will determine soon whether a full Environmental Impact Report (EIR) will be required. If it is determined an EIR is needed, more preparation and notification time would be needed prior to the Planning Commission hearing, subsequently to be heard by the City Council. Jerry King commented Creekside at Orange Park Acres, LLC has always met with and been willing to meet with the residents and expect this will continue as they move through the process.. At this time an owning entity does not have a clear title. They need to make sure the transaction can close and conclude so the legal entities are the owners of the land, and then they will move forward. Mayor Coontz referred to the suggestion that two Council representatives meet with the interested entities in Orange Park Acres and asked the City Attorney to what extent Council would be able to meet with the entities with an application coming through to the Planning Commission? What is the legal ownership at this time? The City Attorney responded Councilmembers should meet with both entities. Under the Subdivision Map Act, absent non-compliance with the Act, the City Council does not have any legal basis for either denying or continuing this request. This is essentially a non-discretionary function of the City Council under the Act, a ministerial act. Councilman Murphy asked if the applicant would be willing to withdraw or extend the continuance on their own request to give an opportunity for the two sides to get together? Mr. King reiterated the legal ownership needs to be clarified. They are willing to meet with the community and hear their concerns. Mayor Coontz and Councilman Murphy expressed interest in participating in the discussions with Orange Park Acres Association and the land owners. The City Manager suggested a meeting time be called that any member of the public could attend. In response to Council questions and concerns, the City Attorney explained as long as there is compliance with the Subdivision Map Act and the City's procedure for a lot line adjustment, it becomes a ministerial act. Lot line adjustments can be approved on a staff level, but historically they have always been brought to the City Council. The Director of Public Works explained there was a change in the State legislation last year that allows lot line adjustment approval at the staff level. The current process can be maintained or the City's ordinance could be amended to take advantage of the new legislation which allows administrative approval. Mr. King concurred with a 30 day continuance. PAGE 11 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) Councilman Alvarez commented that COP AC and members of the Orange Park Acres Association have been meeting with him and informing him as to what is going on with this issue. He insisted on serving on the Committee and asked that the motion be amended to include him as a member. Further, he supports the continuation of this item. Councilman Murphy commented he would like to participate on the Committee as he is an Orange Park Acres resident and could bring a different perspective, being closer to what is going on. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue for a 30 day continuance; Councilman Murphy and Mayor Coontz to meet with the Orange Park Acres Association, the Orange Park Acres community, and with the owners and come back with a report; concurrent with that schedule the request of the land owner for 30 days. 3.17 RESOLUTION NO. 9076 (A4000.0 APP-447) A Resolution of the City Council of the City of Orange denying Appeal No. 447 and upholding the decision of the Planning Commission of the City of Orange to deny a variance for the installation of a freestanding sign in excess of the height limit required by Code upon property located at 1944 East Taft Avenue. Appeal No. 447, Variance No. 204-98 Outback Self Storage ACTION: Approve. (REMOVED AND HEARD SEP ARA TEL Y) 3.18 RESOLUTION NO. 9079 A Resolution of the City Council of the City of Orange rejecting all bids received for Bid No. 989-15, and authorizing the construction project be performed by City forces. MOTION - Mayor Coontz SECOND - Slater AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy Moved to remove this item from the agenda. PAGE 12 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) 3.19 RESOLUTION NO. 9080 (A4000.0 APP-452) A Resolution of the City Council of the City of Orange denying appeal No. 452 and upholding the decision of the Planning Commission of the City of Orange to approve a Conditional Use Permit to allow the off-sale of beer and wine for an existing food market upon property located at 1095 North Glassell Street. Appeal No. 452, Conditional Use Permit No. 2263-98 Applicant: Don Miguel Market, Appellant: Councilman Daniel Slater ACTION: Approve. Councilmembers Slater and Alvarez voted No. (REMOVED AND HEARD SEPARATELY) 3.20 RESOLUTION NO. 9081 (A2500.0 Parking) A Resolution of the City Council of the City of Orange rescinding Resolution No. 9069 and adopting a revised Master Resolution of Permit Parking areas within the City of Orange. Discussion: Jim Young, 165 S. Swidler Place, indicated a letter was submitted to staff on February 15th requesting that portions of Almond Street and Swidler Place be added to the Neighborhood Parking Permit Plan for the McPherson Athletic Facility. The Director of Public Works responded his request will be heard by the City Traffic Commission at their March 10th meeting. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approve. SPECIAL EVENTS 3.21 Request from UCI Medical Center to conduct a 5K110K Run/Walk from The Block in Orange to Edison Field in Anaheim, on Sunday, March 7, 1999, starting at 6:30 a.m., and cone off 2 lanes oftraffic along City Drive and State College. (P1300.0.9) SUMMARY: The UCI Chao Family Comprehensive Cancer Center is proposing to conduct a RunlWalk from The Block, running north on City Drive and State College to east on Orangewood to north on Stadium Way. This will require the closure of the 2 outside lanes of southbound City Drive and State College from City Way to Orangewood where the City of Anaheim will then close the lanes of their streets. It has been determined that a Resolution is not required to cone off traffic lanes. PAGE 13 CITY COUNCIL MINUTES February 23, 1999 3. CONSENT CALENDAR (Continued) ACTION: Approve FISCAL IMP ACT: All costs associated with this event are the responsibility of the sponsor or promoter. A deposit to cover anticipated City costs has been submitted to the Finance Department. MOTION SECOND AYES - Murphy - Alvarez - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.9,3.10,3.11, 3.13, 3.16, 3.18 and 3.20 were removed and heard separately. Councilman Slater and Councilman Alvarez voted no on Item No. 3.19 to be consistent with their vote at the February 9, 1999 meeting. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ - None 5. REPORTS FROM COUNCILMEMBERS Tape 3331 5.1 Councilman Alvarez - Concerning the installation of speed humps on Handy Street between Collins Avenue and Katella Avenue. (S4000.S.6) Councilman Alvarez reported many residents of the City living in the "Presidential Tract" located between Katella and Collins Avenues had not received public notification relative to the speed humps. The residents have asked to halt the installation of speed humps on Handy Street so that further discussions include the entire neighborhood area, bounded by the 55 Freeway on the west, north of the School District building at Katella and Handy to the north, Wanda to the east, and south to the riverbed at the end of Handy Street. The Director of Public Works gave a brief history on the excessive speed and traffic problems on Handy Street, indicating that approximately 2,400 notices were sent to an area bounded by Katella on the north, Wanda on the east, Walnut on the south, and the 55 Freeway on the west. Speaking in favor of the speed humps: Russel Monroe, 2505 E. Locust Avenue Mark Levy, 2441 E. Collins Speaking in opposition: Diane Arhontes, 2116 E. Wilson Avenue Bill Lanning, 2632 East Adams PAGE 14 CITY COUNCIL MINUTES February 23, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Bud Trabold, 2548 E. Wilson Avenue Jake Jansen, 2622 E. Jackson Dennis Lay, 2308 E. Wilson Avenue Rochelle Johnson, 2720 E. Adams Concerns expressed: No notification was received regarding speed humps; potential liability to City; interferes with emergency services. Councilman Spurgeon asked that the Fire Chief address any feedback from Fire Station 3 located on Shaffer Street since that speed hump installation and what his position is on whether speed humps will adversely affect response times? The Fire Chief stated that no Fire Chief wants to build obstructions between the firefighters and the emergency, but that he is not necessarily in favor of speed humps. As a former line firefighter and paramedic, he understands what happens with adverse speed impacts in residential neighborhoods. He is willing to take a look at the impact of speed humps in a residential neighborhood when faced with a group of citizens who come forward with traffic speed data for their neighborhood. With Fire Station 3 located on Shaffer Street which has speed humps, he immediately would know if there was an impact, noting he has not heard any complaints of delay in response time. Statistics have been completed for 1998 and he is awaiting annual response time statistics to compare them to when they didn't have speed humps. Approximately 10 seconds is lost for every speed hump that has to be crossed. He indicated that he had asked the Traffic Engineer to place a moratorium on any future traffic humps until the two can be analyzed and objectively see what the impact might be. The analysis will begin immediately. The Director of Public Works indicated the speed humps cost approximately $500 when installed by City forces. Removal of speed humps would cost approximately $500-600. No complaints have been received relative to the Shaffer Street speed humps since their installation. COUNCIL DISCUSSION: Councilman Slater expressed concern for the residents who did not receive notification. Since there has already been a lot of neighborhood study and speed humps are relatively new to the City, he proposed the installation of speed humps move forward. He further proposed there be an analysis after six months from the Fire Chief and staff. After the analysis, a public meeting could be held with the neighborhood. Mayor Coontz concurred with Councilman Slater's idea, noting one of the problems that came out of the neighborhood study is that there are very few alternatives to address the excessive speed problem on Handy. The notification letter should have included the alternatives that were turned down. Support was expressed for a public meeting, noting the content and the organization of the meeting is extremely important. PAGE 15 CITY COUNCIL MINUTES February 23, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilman Murphy expressed concern that the mailed notifications did not reference speed humps specifically. It was suggested a meeting be held to allow the other residents the opportunity to hear the process the residents in the Handy area labored through. Mayor pro tern Spurgeon commented he would like incorporated into the Fire Chiefs report a report from the Traffic Engineer in regards to the surrounding cities who have had speed humps for a longer period of time relative to liability, accidents, speed reduction, and traffic diversion Issues. In response to Mayor Coontz, the Fire Chief indicated it would take approximately one month to gather the information. The Director of Public Works expressed doubt that a consensus amongst the larger group of residents could be reached in one meeting, noting the neighborhood committee process extended over a period of a year. Utilizing the services of Austin-Foust Associates, Inc. as the facilitator and consultant was important to the success of those meetings. The first meeting could be held within the 30 day period or sooner if possible. Mayor Coontz indicated the report to be brought back by the City Manager should include the extension of the consultant's contract, and stressed the importance of clear, detailed information getting out to the public. MOTION - Alvarez SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to: 1) direct staff to delay the installation of speed humps on Handy Street between Katella and Collins; 2) direct staff to prepare a study for a public forum that would be conducted for the affected area residents, with the Traffic Preservation Committee playing a key part in the forum; and 3) extend the contract with Austin-Foust Associates, Inc. to help the City with the traffic studies. The residents requested traffic enforcement in this area in the interim period. THE CITY COUNCIL RECESSED AT 7:21 P.M. AND RECONVENED AT 7:35 P.M. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 16 CITY COUNCIL MINUTES February 23, 1999 7. ADMINISTRATIVE REPORTS Tape 6611 7.1 Treasurer's Report for the period ending January 31, 1999. (C2500.F) The Finance Director presented the report. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 7.2 Report from City Attorney regarding agenda issues. (C2500.D.3) Tape 6717 The City Attorney presented the report which addresses how Consent Calendar and public comment items are handled. Councilman Alvarez asked for clarification on whether Public Comments allows the public to speak on items that have already been addressed? The City Attorney explained the public comment period allows the public to speak on items that are not on the written agenda and commented on aspects ofthe Brown Act pertaining to public comments. Norm Phillips, (address on file), requested a definition from the City Attorney of the word "during" where the Brown Act states "before or during legislative bodies consideration?" Why are we being muzzled? The City Attorney explained the Council attempts to conduct orderly business, which is disrupted if one member gets into a separate debate about specific issues. In addition to public comments being heard at the beginning of each session, comments from the public are heard "during" agenda items. Carole Walters, (address on file), commented it seems the public is being shut down more. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 8. REPORTS FROM CITY MANAGER Tape 226 8.1 Report on the City consultant's review and comments on the Orange Unified School District Residential Development Mitigation Plan (Taussig Study). (SI200.A) The City Manager reported in March, 1998, Orange Unified School District (OUSD) approved the Taussig Study and adopted a Resolution regarding school mitigation payments that would be made by certain qualifying developers. The action would be applied to Council approved PAGE 17 CITY COUNCIL MINUTES February 23, 1999 8. REPORTS FROM CITY MANAGER (Continued) residential land use developments. The Resolution advised that the City shall not issue building permits until OUSD has executed a Certificate of Compliance indicating the developer had paid the required mitigation fee. If the City Council desired to consider the imposition of a fee to mitigate the impacts of residential development upon the school facility, the school would need to conduct its own nexus study or adopt the results of the Taussig Study. The City had some concerns regarding the Taussig Study and the position it was put in. Last year, the City Council appropriated $15,000 and authorized the City Manager to hire a consultant (Sage Institute, Inc.) to analyze the findings ofthe Taussig Study, to study the report and conclusions that were found, and for the City to take appropriate action. The Sage Institute had found some inconsistencies in the Taussig Study report. In November, 1998, Proposition lA and Senate Bill 50 were passed which changed the role and position regarding school mitigation fees the City Could take. The City was no longer to be involved in approving any fee assessment that the school district may wish to assess. The City has forwarded the Sage Institute Report to OUSD to assist them with their endeavors to secure the appropriate funding for school construction. Mayor Coontz commented the Public School Mitigation Fee Analysis Report prepared by the Sage Institute, Inc. was presented at the Cities-Schools Coordinating Committee meeting. OUSD has hired another consultant. The City's report was given to OUSD as a gift for the benefit oftheir new consultant. MOTION - Mayor Coontz SECOND - Murphy A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 9. LEGAL AFFAIRS Tape 414 9.1 ORDINANCE NO. 7-99 (A2500.0 City Manager) An Ordinance of the City Council of the City of Orange amending Section 2.16.060 of the Orange Municipal Code deleting the residency requirements for the City Manager. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 7-99 be read by title only and same was approved and adopted by the preceding vote. PAGE 18 CITY COUNCIL MINUTES February 23, 1999 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 8-99 (A2500.0 Flood Plain) An Ordinance of the City Council of the City of Orange amending Chapter 15.60 of the Municipal Code of the City of Orange relating to flood damage prevention. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 8-99 be read by title only and same was approved and adopted by the preceding vote. 9.3 ORDINANCE NO. 9-99 (A2500.0 Bed & Breakfast Inns) An Ordinance of the City Council of the City of Orange Amending Sections 17.14.060, 17.18.030, and 17.18.070 of the Orange Municipal Code Relating to Bed and Breakfast Inns in Certain Commercial Zoning Districts. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon NOES - Alvarez ABSTAIN- Slater Moved that Ordinance No. 9-99 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 11. RECESS TO CLOSED SESSION The City Council recessed at 8:40 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - anticipated litigation. 1) Significant exposure to litigation pursuant to Government Code Section 54956.9(b ) (one potential case). Contract with ORRS 2) Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case). b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84. PAGE 19 CITY COUNCIL MINUTES February 23, 1999 11. RECESS TO CLOSED SESSION (Continued) c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organizations: Maintenance & Operations, Orange Management Association, Orange Municipal Employees' Association and Water Department Employees' Association. This item was not discussed in Closed Session. d. Conference with real property negotiator regarding the sale of real property pursuant to Government Code Section 54956.8: Property: northeast corner of La Veta Avenue and Olive Street; Negotiating Parties: City of Orange e. Public Employee Appointment pursuant to Government Code Section 54957. Title: Police Chief - Recruitment Status. This item was not discussed in Closed Session. f. 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 505 Carole Walters, (address on file), commented she has taken care of getting information to the senior citizens, referring to a house occupied by the homeless and mentally ill located on South Glassell. 13. PUBLIC HEARINGS Tape 529 13.1 APPEAL NO. 448, VARIANCE NO. 2050-98, FRED E. PETERS (A4000.0 APP- 448) Time set for a public hearing to consider Appeal No. 448 by Fred E. Peters concerning the Planning Commission's denial of Variance No. 2050-98 to allow the construction of a 6-8 ft. high fence within the front and side yard setback area upon property located at 706 E. Walnut Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Act, per State CEQA Guidelines, Section 15303(e). THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL. "My appeal with the Planning Commission, scheduled for 7 p.m. October 5 was heard at approx. 1:15 a.m., October 6th (many long frustrating sessions). Procedure was that I made a very brief presentation, based upon the premise that Commission members had read the background materials. (Before I presented, I asked, and they said "yes", they had carefully read the packet.) No appellate comments were allowed during or after Committee discussion and decision. PAGE 20 CITY COUNCIL MINUTES February 23, 1999 13. PUBLIC HEARINGS (Continued) Discussion included many issues which facts in the packet would have corrected had the packet been read and referred to. The Chairman monologued a summary of the facts as he saw them (some of which were contradictory to materials presented) and his opinions on how the Committee should interpret the facts and vote on the decision. I strongly believe also that the Chairman's understanding of the "Variance" option in the code is inaccurate. For these reasons I wish to appeal the Commission's decision and request a new hearing." Note: Councilman Slater abstained on this item, reporting he has a property in escrow at 815 E. Walnut which is within 300 feet of the subject property, and left the Council dais. The Director of Community Development reported the property is a single-family residential lot, approximately 14,700 square feet, with an R-I-6 Single Family Residential. Most properties surrounding the property are zoned R-I-6 single family residences, with the exception of Orange High School. The applicant is proposing to construct a 6 foot high open iron fence with stucco pilasters located approximately 14 feet on center in the front yard area. The height exceeds the maximum 3 ~ feet height which is allowed by City ordinance. The application is the result of a complaint from code enforcement regarding construction ofthe fence. MAYOR COONTZ OPENED THE PUBLIC HEARING. Fred Peters, Applicant/Appellant, 706 E. Walnut, presented material supporting his request. Speaking in favor: Code Maresh, 935 E. Rose Avenue, Security Officer at Orange High School Debra K. Martini, 638 E. Walnut Avenue M. J. Martini, 638 E. Walnut Avenue Carole Walters, (address on file) Alain Hasson, 634 E. Jefferson Avenue Reasons for support: Safety concerns; deserving of privacy, property rights; fence adds to beauty and value of property; and similar variances have been approved. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. Mayor Coontz expressed the need for the security officers at Orange High School to provide regular reports to the Orange Police Department on crime issues, as stated by Mr. Maresh. PAGE 21 CITY COUNCIL MINUTES February 23, 1999 13. PUBLIC HEARINGS (Continued) REBUTTAL: Fred Peters commented the special need for his fence height variance request is for his security, privacy, and safety. His request serves to provide the same security conditions which residents in other city locations have naturally, and his property meets all prior approval criteria. Councilman Alvarez asked if this variance sets a precedent for the Old Towne Mile Square? The Director of Community Development responded approval of a variance under these circumstances will make is easier for others in similar circumstances to gain approval in the future. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN - Slater Moved to uphold Appeal No. 448 with the following conditions: 1) Project development shall occur in substantial conformance with plans as submitted for approval and or as modified by the City Council and conditions herein; 2) the applicant install an approved automatic gate to provide access for vehicles entering the driveway; and 3) if not utilized, Variance 2050-98 shall expire two (2) years from the approval date. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN - Slater Moved that this project is categorically exempt from the proVIsIOns of the California Environmental Act, per State CEQA Guidelines, Section 15303(e). MA YOR PRO TEM SPURGEON COMMENTED FOR THE RECORD: "I have asked on a number of occasions that our agenda item recommendation be similar to what's on our agenda. And that is not the case. And I would ask that again. I've asked that on numerous occasions." 14. PLANNING AND ENVIRONMENT - None PAGE 22 CITY COUNCIL MINUTES 15. ADJOURNMENT MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez February 23, 1999 The City Council reconvened from Closed Session at 10:39 p.m. and adjourned at 10:40 p.m. ~-Jiitlt-N~ CASSANDRA J. C HCART, CMC CITY CLERK JOANNE COONT MAYOR PAGE 23