04-28-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 26, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 28, 1998
The City Council of the City of Orange, California convened on April 28, 1998 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 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS In recognition
of National Library Week (April 19-25, 1998), Certificates of Recognition were
presented to Lilly Matsuoka, (2,000 hours), and Barbara Goodwin, (1,000 hours) of volunteer
service at the Orange Public Library. Recognition was given to all Library volunteers
for service in 1997.Jim
Barry, President, Orange For Trees, presented the Annual Tree Hero Award to Tim and
Janine McCormack.The
Recycling Analyst recognized the finalists for the "Recycler of the Year" award: Sue Campbell,
Darlene Chandler, Pam Doss, Andrea Jaso, John Lynch, Lisa Mattert, Sherrill Stone,
and Harry Thomas. The "Recycler ofthe Year" plaque was presented to Pam Doss.
MA
YOR COONTZ ANNOUNCEMENTS:Over
500 youth and their families attended the Earth Day celebration held at Hart Park
on April 25th.Christmas
in April" was held on April 25th. Cy Bauman, spoke regarding the event in
which volunteers were involved in the rehabilitation of houses for elderly and handicapped
individuals.Approximately
seventy-five people attended the First Annual Mayor's Volunteer
Recognition Luncheon held on April 23rd honoring 60 volunteers from 28
organizations. The emphasis was on children and youth organizations in the City.
Supervisor William Steiner was the speaker at the event.
PAGE 1
CITY COUNCIL MINUTES April 28, 1998
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Councilman Murphy supported the idea of continuing to recognize volunteer efforts
and requested that Council be apprised of next year's event.
The 10th Anniversary celebration of the Triangle Terrace Senior Housing Project was
held on April 26th. This was the first senior citizen affordable housing project in the
City.
400 classic cars were displayed at the Car Show event held in the Plaza this past
weekend.
Agenda format changes will be discussed at the May 12, 1998 meeting.
The Director ofCommunity/Library Services reported that 1,400 children from the City
of Orange School District participated in the Dash for Dare Program, a competitive track
meet for the youth in Orange County.
The City Manager presented Employee Recognition Service Awards to Patti Petruzelli,
Steve Soto and Earlene Shackelford. John Thompson and John Jordan were unavailable
to receive their awards.
The City Attorney introduced newly hired Assistant City Attorney, Mary Binning.
The Police Captain and Fire Chief reported on the "Every 15 Minute's Program" held at
Orange High School on April 26, 1998. The Program entailed a staged traffic accident
which involved students at Orange High School.
Mayor Coontz asked that Council be invited to future programs.
2.CONSENT CALENDAR Tape 1050
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 28, 1998 at Orange Civic Center, Taft Branch
Library at 740 E. Taft Avenue, 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.
2.2 Request Council confirmation of warrant registers dated April 9 and 16, 1998.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, April 14, 1998.
PAGE 2
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
AGREEMENTS
2.5 Approval of Second Amendment to Consultant Agreement with Meyer and
Associates. (A2100.0 AGR-2723.
2)SUMMARY: Second Amendment is in the amount of $4,040 for additional
architectural services for the Handy Park
Renovation.ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf
of the
City.FISCAL IMPACT: Sufficient Funds are budgeted in Account No.
510-7021-481200-0017, "Handy Park Renovation" -- $
4,
040.BIDS 2.6 Contract Change Order No.1 for Bid No. 978-28, Project
No. SP-3219, 1997-98 Street Maintenance Project, Main Street and
Orangewood
Avenue. (A2100.0 AGR-3000)SUMMARY: This Change Order will extend the limit
of street resurfacing on Main Street from the railroad tracks to Collins
Avenue to include additional deteriorated pavement. The original contract cost is $371,979.94.
The change order will increase construction
cost to $436,296.34.ACTION: Approved a Contract Change Order inthe amount of $
64,316.40 to Calmex Engineering Inc. for the additional
quantities at contract unit prices.FISCAL IMP ACT: Funds are budgeted and are
available in the following accounts:272-
5021-483300-4027 $32,158.20 (
Gas Tax)272-5021-483300-4028 $32,158.20 (Gas
Tax)Total funds available for the
project are $514,651.00.REMOVED AND HEARD SEP ARATEL Y)2.7 Award of
Bid 978-31 for La Veta Park Play Equipment. (B4000.0 BID-
978-31)SUMMARY: Award Bid No. 978-31 and approve contract with Hanson and Associates in the
amount
of $34,
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
The Director of Community/Library Services explained Hanson and Associates, did not
provide in writing they could produce the material mandatory for ground cover. It was
requested the bid be rejected and the project be re-
bid.MOTION - Spurgeon
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
reject all bids and authorize staff to re-advertise the project.FISCAL
IMPACT: Sufficient funds are budgeted for FY 97/98 in Account No. 510-7021-
481105-0134, "La Veta Park Renovation" -- $34,277.
REMOVED AND HEARD SEPARATELY)
2.8 Award of Bid 978-34 for Landscape Improvements at South Orange Parking
Lot.A2100.0
AGR-3022)SUMMARY: Award Bid No. 978-34 and approve contract with
U. P. Landscape Maintenance, Inc., in the amount of $21,890 for the
construction of landscape improvements at the South
Orange Parking Lot.Mayor Coontz indicated the account numbers were reported incorrectly in
the staff report.The Director of Community/Library Services noted the revised
account number is:Account No. 922-9811-
475100-9609 (Municipal Parking
Lot Rehabilitation).MOTION -
Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve, as amended, authorizing the Mayor and City to execute
on
behalf
of the City..FISCAL IMPACT: Sufficient funds are budgeted for FY 97/98 in
Account No. 922-9811-475100-9609, "Southwest
Capital Outlay" -- $21,890.2.9 Award of Bid 978-40 to National Library Relocations,
Inc., for the Relocation of Main Library Materials, Equipment
and Furniture. (A2100.0 AGR-3021)SUMMARY: Award Bid No. 978-
40 and approve contract with National Library Relocations, Inc., in the amount of $46,800
for a one-way move of materials, equipment and furniture from the
Main Library to the Bank of America building.FISCAL IMPACT: Sufficient
funds are budgeted in Account No. 500-
7028-4811
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
Discussion: Carole Walters, (address on file), asked if the bid will delay the completion
date for the Main Library? Does $1.5 million include the moving of materials,
equipment, and furniture?
Norm Phillips, Orange, asked if $46,800 is part of the $1.5 million? The report should
indicate if the funds are part of the $1.5 million.
The Director of Community/Library Services explained the bid does not delay the project
which is due to be completed October 15, 1998 with the reopening November 15, 1998.
The bid is for a one-way move at this time. The total Library Renovation project cost
is approximately $1.6 million. In response to Councilman Alvarez, the Director
explained the delay is due in part to sending the project back to the architect for
re-specifications and re-configurations. Approximately 20% of the book collection has
been weeded. A decision has not been made on what will be done
with the books.The City Manager clarified that $1.5 million was not the total amount
budgeted for the Main Library renovation project. The term "sufficient funds
are budgeted" means sufficient funds have been
appropriated by Council.ACTION: Approved and authorized Mayor and City Clerk to execute on
behalf
of the City.2.10 Award of Bid 978-41 for Roadway Improvements at Hart
Park. (
A2100.0 AGR-3020)SUMMARY: Award Bid No. 978-41 and approve contract
with Impact Devco in the amount of $71,900 for the
roadway improvements at Hart Park.ACTION: Approved and authorized Mayor and City Clerk to
execute
on behalf of the City.FISCAL IMPACT: Funds are budgeted for FY 97/
98 in Account No. 500-7021-481200-0027, "Hart Park Renovation" -- $1,
900, and Account No. 510-7021-481200-0027, "
Hart
Park Renovation" -- $70,000. Total: $71,900.CLAIMS
2.11 CLAIMS
FOR DAMAGES FROM: (C3200.0)a. Charles
Bowman b. Pamela
Condon, Guardian of Amanda
Melendez c. Barbara Singer
d. Southern
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster.
C3200.0)
FISCAL IMPACT: None.
CONTRACTS
2.12 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase
lIB Tustin Street pavement rehabilitation. (A2100.0 AGR-3019)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of their new Arterial Highway Rehabilitation Program. In order to meet the May
15, 1998 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Tustin Street Pavement Rehabilitation from Chapman Avenue to
Collins Avenue if the application is successful.
ACTION: 1) Awarded contract in the amount of$50,290.00 to KFM Engineering, Inc.,
18 Technology, Suite 206, Irvine, CA 92618; and 2) authorized the Mayor and City
Clerk to execute the contract on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
262-5021-483300-3112 - $50,290.00 (
Arterial Maintenance)2.13 Arterial Highway Rehabilitation Program - Award of Consultant Contract
for Phase IIA Tustin Street pavement rehabilitation. (A2100.0
AGR-3018)SUMMARY: The Orange County Transportation Authority has issued a call
for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet
the May 15, 1998 application deadline, consultant services to prepare the application,
plans and specifications are needed. This contract authorizes the Consultant to apply
for funding and to design the Tustin Street Pavement Rehabilitation from Fairhaven
Avenue to Chapman Avenue if the application
is successful.ACTION: 1) Awarded contract in the amount of$51,110.00 to KFM
Engineering, Inc.,18 Technology, Suite 206, Irvine, CA 92618; and 2) authorized the Mayor
and City Clerk to execute the contract on behalf of
the City.FISCAL IMPACT: Funds are budgeted in Account
No. 262-5021-483300-3112-
51,110.00 (Arterial Maintenance).2.14 Arterial Highway Rehabilitation Program - Award
of Consultant Contract for Phase II Chapman Avenue pavement
rehabilitation. (A2100.
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
SUMMARY: The Orange County Transportation Authority has issued a call for projects
as part of their new Arterial Highway Rehabilitation Program. In order to meet the May
15, 1998 application deadline, consultant services to prepare the application, plans and
specifications are needed. This contract authorizes the Consultant to apply for funding
and to design the Chapman Avenue Pavement Rehabilitation from Cambridge Street to
Tustin Street if the application is successful.
ACTION: 1) Awarded contract in the amount of $23,000.00 to UMA Engineering, Inc.,
17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk to
execute the contract on behalf of the City.
FISCAL IMPACT: Funds are budgeted in Account No. 262-
5021-483300-3112-23,000.
00 (Arterial Maintenance).2.15 Arterial Highway Rehabilitation Program - Award of Consultant
Contract for Phase I Chapman Avenue pavement rehabilitation. (A2100.
0 AGR-3016)SUMMARY: The Orange County Transportation Authority has issued a
call for projects as part of their new Arterial Highway Rehabilitation Program. In order to
meet the May 15, 1998 application deadline, consultant services to prepare the
application, plans and specifications are needed. This contract authorizes the Consultant to
apply for funding and to design the Chapman Avenue Pavement Rehabilitation from
Grand Street to Cambridge Street if the
application is successful.ACTION: 1) Awarded contract in the amount of$18,775.00 to
UMA Engineering, Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and
City Clerk to execute the contract on behalf
of the City.FISCAL IMPACT: Funds are budgeted in Account
No. 262-5021-483300-3112 -
18,775.00 (Arterial Maintenance)2.16 Arterial Highway Rehabilitation Program - Award
of Consultant Contract for Phase I Glassell Street pavement
rehabilitation. (A2100.0 AGR-3015)SUMMARY: The Orange County Transportation Authority has
issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In
order to meet the May 15, 1998 application deadline, consultant services to
prepare the application, plans and specifications are needed. This contract authorizes the
Consultant to apply for funding and to design the Glassell Street Pavement Rehabilitation
from Walnut Avenue to Collins Avenue
if the application is successful.ACTION: 1) Awarded contract in the amount of$18,825.
00 to UMA Engineering, Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the
Mayor and City Clerk to execute the contract
on behalf
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted and available in Account No. 262-
5021-483300-3112 - $18,825.00 (Arterial
Maintenance)2.17 Arterial Highway Rehabilitation Program - Award of Consultant Contract for
Phase II Glassell Street pavement rehabilitation. (A2100.0 AGR-
3014)SUMMARY: The Orange County Transportation Authority has issued a call for
projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the
May 15, 1998 application deadline, consultant services to prepare the application, plans
and specifications are needed. This contract authorizes the Consultant to apply for
funding and to design the Glassell Street Pavement Rehabilitation from Maple Avenue to
Walnut Avenue if the application is
successful.ACTION: 1) Awarded contract in the amount of$21,525.00 to UMA Engineering,
Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk
to execute the contract on behalf of the
City.FISCAL IMPACT: Funds are budgeted in Account No.
262-5021-483300-3112-21,
525.00 (Arterial Maintenance)REMOVED AND
HEARD SEP ARATEL Y)2.18 Eller Media Bus Stop Shelter Contract - Request for
extension with amendments.A2100.
0 AGR-1929.5)SUMMARY: Eller Media has had a contract with the City since
1992 for installation and maintenance of bus stop shelters with advertising. The company
is requesting a two-year extension with 5 one-year options, as well as
amendments to their existing contract to allow a 90-day trial installation of a modified shelter,
located either at the Mall of Orange or the Santa Fe Depot, that incorporates a
Coca Cola vending machine. Also included is a request for a limited, restricted ability to
advertise distilled spirits on the bus shelter panels, at suitable locations, for a 90-
day trial period. The limitations and restrictions are detailed in the staff report. Approval of
their request would extend the contract to 2003 plus
options that could extend the term to 2008.FISCAL IMPACT: Would increase annual
revenue from $77,000 to over $80,000.Discussion: Barbara DeNiro, (address
on file), spoke
in opposition to the advertisement of distilled spirits.Councilman Alvarez expressed support
for the contract extension
and opposition to the amendments to the contract.The Director of Public Works reported it was
Eller Media's first choice to install the modified shelter at the Mall of Orange.
The Santa Fe Depot was an alternative. The Coca Cola proposal does not include the roof of
the shelter designed in a Coca Cola can.End panels on
the shelter
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
Councilman Spurgeon expressed support for the Coca Cola vending machine on a 90 day
trial basis. He spoke in opposition to the alcohol advertising.
Bruce Siedel, President of Eller Media, 1539 W. Orangewood, commented the modified
shelter and advertisement of distilled spirits on the bus shelter panels would attain a
higher average occupancy and give the City more revenue. They would like the
opportunity to try it for a 90-day trial period. The vending machine would be
closely
monitored.Mayor Coontz commented Eller Media has operated a very successful program in
the City and the bus shelters are well maintained. Eller Media also has donated
multi-colored posters for the
Street Fair.Councilman Murphy expressed opposition to the alcohol advertisement and
support of the Coca
Cola machine.Mayor pro tem Slater expressed support for the vending machine and
the alcohol advertisements, considering the businesses in the City that would like to
utilize alcohol advertising and that it be done on a restricted, limited basis for a 90-
day trial period.In response to Council's questions, Mr. Seidel explained there would
be two trash receptacles at every shelter at which a Coca Cola machine is located.
They would be monitored on a daily basis. More trash receptacles or a recycling bin
would be provided,if necessary. They would like to locate a vending machine at the Santa Fe Depot
site on a 90-day trial basis. The City of Orange would be the first city in Orange
County to
try the new
proposal.MOTION - Murphy
SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to approve the two year extension with 5 one year options for Eller
Media.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez
Moved that the
contract be subject to all terms, conditions, and restrictions outlined in the staff report with
the exception of two individual items that will be voted on separately.First, the coca
cola vending machine implementation, on a 90-day trial basis for up to two locations, as
a part of the bus stop be incorporated into this contract.PAGE 9
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved
to deny the
request to allow alcohol advertising on a trial basis.ENVIRONMENTAL IMPACT REPORTS 2.
19 Second Addendum
to EIR No. 631 - Cannon Street Restriping. (EI400.0 EIR-631.2)SUMMARY: The Public Works
Department is proposing the restriping of Cannon Street formerly Loma Street) for
four lanes between Serrano Avenue and Via Escola. EIR No.631 Addendum No.2
is necessary pursuant to City Council action taken in 1985,requiring a supplemental environmental
document before opening of four travel lanes.ACTION: Certified EIR No.
631 Addendum No.2, regarding the restriping of Cannon Street from two lanes
to four lanes.FISCAL IMPACT: None. Developer
fees of $19,000 are on deposit in Account No.810-22023 for the
restriping work.RESOLUTIONS REMOVED AND
HEARD
SEPARATELY)2.20 RESOLUTION
NO. 8910 A Resolution of
the City Council of the City of Orange finally accepting the completion of a certain
public work and improvement; SP 3200; Med- Tox, Incorporated; demolition,right-of-way
clearance at 127 East La Veta Avenue and building remodeling at 492 South Orange
Street. (A2100.0 AGR-2871)
NOTE: Mayor pro tem Slater recorded an abstention on this item.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSTAIN -Slater Moved
to approve.
2.21 RESOLUTION
NO. 8911 A Resolution of
the City Council of the City of Orange approving the submittal of arterial highway rehabilitation projects
to the Orange County Transportation Authority for funding under the
Combined Transportation Funding Program. (HI200.A.l)PAGE 10
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
Location: Tustin Street from Fairhaven Avenue to Chapman Avenue.
Tustin Street from Chapman Avenue to Collins Avenue.
ACTION: Approved.
2.22 RESOLUTION NO. 8912
A Resolution of the City Council of the City of Orange approving the submittal of arterial
highway rehabilitation projects to the Orange County Transportation Authority for
funding under the Combined Transportation Funding Program. (H1200.A.1)
Location: Glassell Street from Maple Avenue to Walnut Avenue.
Glassell Street from Walnut Avenue to Collins Avenue.
ACTION: Approved.
2.23 RESOLUTION NO. 8913
A Resolution of the City Council of the City of Orange approving the submittal of arterial
highway rehabilitation projects to the Orange County Transportation Authority for
funding under the Combined Transportation Funding Program. (H1200.A.l)
Location: Chapman Avenue from Grand Street to Cambridge Street
Chapman Avenue from Cambridge Street to Tustin Street
ACTION: Approved.
2.24 RESOLUTION NO. 8914
A Resolution of the City Council of the City of Orange supporting increased funding for
the fiscal year 1998-99 of the Army Corps of Engineers Civil Works
Construction Program. (OC1300.
F)ACTION:
Approved.2.25 RESOLUTION NO.
8915 A Resolution of the City Council of the City of Orange supporting funding of the
State Flood Control Subvention Funding for fiscal year 1998-99. (
OC1300.F)
ACTION: Approved.
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
2.26 RESOLUTION NO. 8916
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 98-2 adjusting lot lines of certain real property situated at a portion of Lot B of
the Bush and Watson Tract as shown on a map of survey made by Knox and Rumble in
1871 and Lot 24 of the Fletcher Tract in the City of Orange, County of Orange, State
of California, as shown on a map recorded in Book 3, Page 320 of miscellaneous records,
in the office of the County Recorder of Los Angeles County, California; more
particularly described in Exhibits "A" and "B". (C2500.M.16.1
LLN-98-2)Hearthstone Homes, Developer of Tentative
Tract No. 15446 Owner:
Southern California
Edison ACTION: Approved.2.27
RESOLUTION NO. 8917 A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 98-3 adjusting lot lines of certain real property situated
at 1411-1701 W. Katella Avenue in the City of Orange, County of Orange, State of
California. (
C2500.M.16.1 LLN-98-
3)Owner:
Syufy Enterprises, a Limited Partnership
ACTION: Approved.2.28 RESOLUTION NO. 8918 A Resolution of the City Council of the
City of Orange expressing appreciation to Nanci Gee ofthe Orange Public Works Department
and commending her for more than eight
years ofloyal
and dedicated service. (C2500.M)
ACTION: Approved.2.29 RESOLUTION NO. 8922 A Resolution of the City Council of the
City of Orange adopting Resolution No. 8922 and repealing Resolution
No. 8904 implementing the Memorandum of Understanding between the City of Orange
and the Orange Fire Management Association concerning wages, hours, and other conditions of employment
for the period of March 1, 1998 throughand including
February 28,
2001. (C2500.
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.30 RESOLUTION NO. 8919
A Resolution of the City Council of the City of Orange approving the amendment of the
position control system and amending the FY 97/98 budget to reflect the addition of one
full-time Assistant to the City Manager position. (C2300.
E)Discussion: Carole Walters, (address on file), asked how many Assistant to the
City Manager positions will there be? The new person should look into the recycling
bin charge on the utility
bill.The City Manager responded the request is for a third position. The person in
this position will work on special projects, speak on behalf of the City Manager,
attend meetings, and assist the Council and public on special issues. The difference between
an Assistant City Manager and Assistant to the City Manager position is this position
does not have authority over the department heads. In response to Councilman Alvarez,
the City Manager clarified the Internal Auditor would work with the Finance Director.
The Internal Auditor and Audit Manager's position approved by Council are in the
City Manager's office budget. It is his intent to meet with the Finance Director and
Audit Committee after the Internal Auditor is on board to layout an audit plan, see how
the work load accumulates for the Audit Manager position, and determine if the position
is necessary. A report would be brought back to Council if it is determined the position
is
necessary.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve.SPECIAL EVENTS
2.31
Request for temporary suspension of permit parking restrictions within Permit Parking 'Area
A' (Downtown area) for a special event. (S4000.S.3.1.2)SUMMARY: The
Orange Chamber of Commerce is requesting parking relief for the annual Gogh
Van Orange Arts & Music Festival scheduled to occur in the Historic Plaza area on
Saturday and Sunday - May 16th, through May 17th, 1998. This request has been approved in prior
years.ACTION: Approved.FISCAL
IMPACT: None.
PAGE 13
CITY COUNCIL MINUTES April 28, 1998
2. CONSENT CALENDAR (Continued)
2.32 Request for temporary suspension of permit parking restrictions within Permit
Parking 'Area A' (Downtown) area for a special event. (S4000.S.3.1.2)
SUMMARY: Orange High School is requesting parking relief for their annual
Senior Program and Graduation Ceremony to be held at their campus on June 7th, 1998
and June 11 th, 1998. This request has been approved in prior years.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.
7, 2.8, 2.18, 2.20 and 2.30 were removedand heard separately. Mayor pro tem Slater abstained
on Item No. 2.20. The remainder ofthe Consent Calendar was approved as recommended.
END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None 6. REPORTS FROM CITY MANAGER - None
7.ADMINISTRATIVE REPORTS Tape 2657 OFF AGENDA
ITEM - REPORT ON CRIME STATISTICS
The Acting Police Chief reported an extensive audit
was done to address concerns with the reporting of crime statistics. Currently crime statistics are
down by 3%, specifically in the area of violent crimes, rapes, robberies, homicides, and aggravated
assaults. There was concern with the tracking system of the alternative reporting process,
i.e. mail-in reports and phone-in reports generated from the public. The audit
indicated a large number of reports missing and phone calls not being returned. A method was
established to better track all crime which is mandatory to report under the Uniform Crime Reporting
procedure. Officer productivity was evaluated and guidelines established to fit back into
the evaluation process.PAGE 14
CITY COUNCIL MINUTES April 28, 1998
7. ADMINISTRATIVE REPORTS (OFF-AGENDA ITEM) (
Continued)Mayor pro tem Slater asked why auto theft and burglaries are up? What is being done about
it?The Acting Police Chief said reports are being tracked more aggressively, written, and
reflected as a statistic. A yearly trend, rather than monthly, would better reflect crime
statistics.Councilman Spurgeon commented sworn officers should be doing police type work and
not civilian type
work.Mayor Coontz expressed concern regarding the tracking system of the reporting process,
and appreciated the fact that the City of Orange is now aggressively tracking the Police reports
for accuracy and follow through. Mayor Coontz asked that the information on the new system
be provided to Council in a
memo.7.1 Treasurer's Report for the period ending March 31, 1998. (C2500.
F)The Finance Director presented the
report.MOTION -
Murphy SECOND -
Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.LEGAL AFFAIRS Tape 3160
8.1 ORDINANCE NO. 1-
98 An Ordinance of the City Council of the City of Orange repealing Chapter5.56 of the
Orange Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining
to Massage Establishments. (A2500.
0)The City Attorney commented no changes were proposed and staff is working on an
Ordinance which will expand the areas where massage establishments can locate in the City.
After meetings with individuals who had addressed the Ordinance at a prior Council meeting, it
was felt there are plenty of opportunities for clinical training for massage school
students.MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 1-98 be read by title only and same was passed and adopted by the preceding
vote.PAGE
15
CITY COUNCIL MINUTES April 28, 1998
8. LEGAL AFFAIRS (Continued)
8.2 ORDINANCE NO. 6-
98 An Ordinance of the City Council of the City of Orange repealing Ordinance No. 15-
97 and adding Chapter 7.01 to the Orange Municipal Code relating to water quality and
storm drain water discharges. (
A2500.0)MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 6-98 be read by title only and same was passed and adopted by the
preceding vote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.ORAL PRESENTATIONS Tape 3331
Carole Walters, (address on file), commented that contracts should not be approved until the
trash investigation is cleared up. She further commented on the behavior of some police officers;
changes to the agenda format; and having 3 Council meetings per month.
Barbara DeNiro, (address on file), thanked Council for their vote on Item No. 2.18 and asked if
the bottles or cans from the Coca Cola vending machine will be recycled? Ms. DeNiro thanked
the Director of Community Development for the removal ofthe mini-storage units
behind Walmart. Comments were made on the "Every 15 Minute Program" staged at Orange
High
School.Pamela Pratt, 1143 E. Oakmont, (letter received via fax and on file in the City Clerk's
office).Geneva Fulton, 405 Alpine, commented on the potential for vandalism at the bus shelters.
Will Eller Media continue to monitor the shelters after the 90-day trial period?
Ms. Fulton commented on the trucks near
her property.Mayor Coontz responded that Eller Media has incorporated materials to prevent
vandalism as much as possible and provided Ms. Fulton with a copy of the agenda item which
provides
the information.COUNCIL COMMENTS: Councilman Murphy suggested that Council consider
establishing an ending time on all City meetings at
City Hall.Mayor Coontz commented that meetings are lasting longer due to the increased activity
in the City. It was suggested that the City Attorney work on
the issue.Councilman Alvarez indicated he would not be at the May 12, 1998 Council
meeting but supports Councilman Murphy'
s suggestion.
CITY COUNCIL MINUTES April 28, 1998
11. RECESS
URGENT ITEM:
The City Attorney requested the following items be added to the Closed Session:
1) Conference with Legal Counsel on pending litigation, State of California v. City of Orange,
Orange County Superior Court Case No. 77 06 73.
2) Conference with Real Property Negotiator: 143 S. Main Street; Negotiating Parties: City of
Orange and Teresa Simongi and Jo Ellen Hall. Price will be discussed.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to add
the two items to Closed Session as the need to take action arose after the posting of the agenda
and there is a need to take immediate action.The City Council
recessed to a Closed Session at 6:30 p.m. for the following purpose(s):a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.City of Orange
v.
George S. Walker, et aI., Orange County Superior Court Case No. 78 33 77.City of Orange v.
First Interstate Bank, etc.,; Ralph Maddix, Stephanie Maddix; Sam's Pizza;Hardany Rojas; Gloria Rojas,
Adolfo Vides, etc., Orange County Superior Court Case No. 77 77 53.City of Orange
v.
Robert C. Richard & Shirley R. Richard, Trustees of Richard Family Trust;James Q. Richard; Texas
Company; Independent Development Company; etc., Orange County Superior Court Case No.
77 77 56.City of Orange v.
Geneva Fulton; Mary Jeanette Morton; Estate of Katherine Fulton; Roger Tsui;Orange Floor Covering; Sunwest
Bank, etc., Orange County Superior Court Case No. 777757.b. Conference with Labor
Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven
Pham; Employee Organization: Orange City Firefighters.c. Public employee
performance
evaluation pursuant to Government Code Section 54957: City Manager.d. To consider
and
take possible action upon such other matters as are orally announced by the City Attorney, City
Manager, or City Council prior to such recess unless the motion to recess indicates any of the
matters will not be considered in Closed Session.PAGE 17
CITY COUNCIL MINUTES April 28, 1998
7:00 P.M. SESSION
NOTE: The City Council reconvened from Closed Session at 7:35 p.m.
12.1 INVOCATION
Talon Ming, Bishopric, Church of Jesus Christ of Latter Day Saints
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
12.3 ANNOUNCEMENTS
Mayor Coontz announced the new agenda format changes will be discussed at the May
12, 1998 Council meeting.
John Silverman, representing the Chamber of Commerce and Chairman of Gogh van
Orange Committee, thanked Council, staff, and the community for their support with the
Gogh van Orange Art and Music Festival scheduled for May 16 and 17, 1998.
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS Proclamations
were presented to John Silverman, President, Kiwanis Club of Orange and Joe
Miller, President, Kiwanis Club of Orange Suburbia in recognition of Skip A Meal for
the World's Children Week, April 26, 1998 - May 2, 1998.12.6
PRESENTATIONS Presentations of
flowers were made to Heather Myers, 1997 Miss Orange; Deanna Morgan, 1998
Miss Orange; and the 1999 Miss Orange contestants were introduced and presented with
a rose. (ORI800.0.73)13.PUBLIC
HEARINGS Tape 4780 13.1
TENTATIVE TRACT MAP 15519 AND MINOR SITE PLAN REVIEW 39-97,TNR
DEVELOPMENT CORPORATION:Time
set for a public hearing on petition by TNR Development Corporation to consider Tentative
Tract Map 15519 and Minor Site Plan Review 39-97 to allow the subdivision of
approximately 9.4 acres into 13 lots, some of which would not have direct access to public
streets. The proposed lots will be developed with single family residences. The site is located
west of Esplanade Street and north of LaVeta Avenue (formerly called Hewes Park), addressed
394 and 415 South Esplanade Street. (T4000.0 TRT-
15519)PAGE
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the property is zoned R-1-7 (
Single Family Residential) 7,000 square foot minimum lot size and currently occupied by
two residential structures. The new lots will be approximately Yz acre to over 1 acre in size. There will
be a minimal amount of grading. The majority of trees on the property will be retained.
The two residential structures will be retained and the lots made available for future
custom home development. The street will be private, with a gated entry to the community, and
open wrought iron fencing to the south and west. A homeowner's association will be responsible
for the maintenance of the private street system and the perimeters of
the development.Mayor Coontz expressed concern with Condition No. 22 of Planning
Commission Resolution No. 11-98. She questioned the size of a replacement tree and whether the Moreton
Bay Fig tree could be preserved. The Director of Community Development explained the tree is
located at the southwest corner of La V eta Avenue and James Street. The intent ofthe condition is
to retain the tree and insure the safety of the intersection. Widening the street to 80 feet
with curbs and gutters could be harmful to the longevity
of the tree.Mayor pro tem Slater commented he understood the developer is willing to pay for
a traffic study to see if the 80 foot width of the street is necessary. Mayor pro tem Slater
indicated he would like there to be a traffic study. If the street does not need to be 80 feet wide, the
tree should be preserved and protected. What part of Esplanade would be widened at this
time? The Director of Public Works commented there is not enough information available now
to determine the impact to the tree. The City is obligated to maintain the construction of fourlanes
on La Veta Avenue, but does have flexibility with the width. The only widening on Esplanade
Street will be the
project's frontage.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Tim Roberts, President ofTNR Development Corporation, 130
McCormick Avenue, Costa Mesa, explained the project will have a gated entry off Esplanade Street and an exit
onlygate off La Veta Avenue. The conditions of approval are fine with his company. It has
not yet been determined what the impact will be on the tree if the street were made to the 80
foot width. They are concerned with the tree and would like it to have priority over
the roadway width.
SPEAKING IN FAVOR:John Rau, owner of the property, 416 S. Esplanade Street, said the developer
was chosen because he put preservation of the site first. The Moreton Bay Fig needs to take
priority over the widening of La Veta. Mr. Rau requested that the record show that when push comes
to shove,
the tree wins.Brian Timothy, 3830 E. Ruth Place, commented the homes being developed
are better than condominiums. He asked that the proposed wrought iron fence be
accompanied with shrubbery and vines to block the view along the westerly edge. He referred to
the Environmental Impact Report, indicating the site does contain
native animal
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
SPEAKING IN OPPOSITION:
Neil Hallidy, 3836 Ruth Place, commented he did not receive notification of the hearing. His
main concern is privacy. If approved, he would like changes to the vegetation and the homes to
be single-
story.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
REBUTTAL:Tim Roberts applicant, responded they will place as much thick vegetation along the edge of
the property as possible. The option of one-story homes is not available
to them.The City Attorney clarified the EIR indicates the plant and habitat are not native, but
does not address there being no
native animals.
COUNCIL COMMENTS:Mayor Coontz expressed concern with the language of the Resolution and asked for
more clarity on the tree located at LaVeta and James. The Director of Public Works explained
the options available for the Moreton Bay Fig treeat La Veta Avenue and James Street would be:
1) to narrow the roadway and eliminate a parking lane to gain 8 feet or more; or 2) look
at whether the segment should be on the Master Plan of Arterial Highways. OCTA can
approve any changes to the Master Plan of Arterial Highways. The traffic study would have
to justify whatever the projected
traffic volume.Councilman Murphy spoke in support of the project and concurred with the Mayor
that the language of the Resolution should be specific to make sure the tree takes priority, as
was stated by the
property owners.Mayor pro tem Slater suggested eliminating 8 feet of parking on the north sideof La V
eta Avenue and narrowing the traffic lanes. After doing these things and completing the traffic study,
if the tree is still compromised, that it come back to Council for consideration. How long
would the traffic study take to complete? The Director of Public Works responded the
only obligation under the Master Plan of Arterial Highway is to provide four lanes. The design detail
could be done within the scope of
that requirement.Councilman Spurgeon expressed support of the project and encouraged the preservation
of
the tree.Councilman Alvarez requested the developer consider the residents
privacy concerns.
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Mitigated Negative Declaration 1525-97 finding there is no substantial evidence that
the project will have a significant impact on the environment or wildlife resources,subject to
its development in accordance to the Planning Commission, the consulting arborist's report and
the proposed conditions of approval.MOTION SECOND
AYES
Mayor
Coontz
Alvarez Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Moved to approve Tentative Tract
Map 15519 and Minor Site Plan Review 39-97 as outlined in Planning Commission Resolution No.
PC-11-98, with the added condition that there be additional vegetation
on the west side as offered by the developer; and the Public Works Department work
diligently towards the preservation of the Moreton Bay Fig by eliminating the parking, reducing
the lane width, adjusting the grading, and any other public works feature that will be
sure to retain the tree.13.2
PLAZA RENOVATIONS, NEGATIVE DECLARATION 1553-98:NOTE:
See May 12 and June 10, 1998 Council Minutes on this item. Tape 6804 Time
set for a public hearing to consider a proposed project to renovate the Downtown Plaza Park,
including the four comer quadrant areas of the Plaza Square. The plan proposes improvements
to existing landscaping, pedestrian and vehicular circulation areas, while maintaining
the historic character ofthe Plaza. Negative Declaration 1553-98 is an assessment
of the potential environmental impacts of this project. (NI200.0 NEG-
1553-98)Bill Cathcart, Cathcart/Begin and Associates, 134 S. Glassell, provided the history of
the Plaza area, noting Magnolia and Palm trees were a theme at the time Park Plaza was
developed. That became the look of the City of Orange and the theme that is being recalled. He
presented the conceptual plan for the landscape and streetscape renovation of the
quadrants. Further refinements to this plan include: I) bringing the curb line in the quadrants out 13 feet
further; 2)angled parking; and 3) expansion of the intersection of Chapman and Glassell. The plan
for the quadrants includes: 1) removing the Canary Island Pines due to their close proximity
to the buildings, interference with outdoor dining, and their droppings of sap, needles
and cone remnants; 2) removing the raised planters; 3) recalling the historic lighting character
and historic furniture in the quadrants; and 4) removing the bricks and using concrete paving.
The concrete paving and the removal of the Pine trees will make the quadrants easier to clean. It
is important that the pedestrians be able to move around and the merchants to be able to move
their furniture out so as to not interfere with
the pedestrians.
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
Mr. Cathcart requested Council consider approving the formation of a Committee to review the
details and concerns expressed with the size of turf areas, concrete areas, and planters. Other
details which need to be addressed are the benches, accessories, and amenities. The intent is to
recall the tradition of the City of Orange in a very upscale way. It is believed that the conceptual
plan meets the needs of the businesses and community while maintaining the historical character.
The improvements match the historical period and comply with state, local, and federal
requirements. The liability concerns have been mitigated.
The reasons for removing the planters are they collect trash, are difficult to maintain, and take up
space that could be used by the merchants. The proposed palm trees will be 40 feet tall.
Concern was expressed with the removal of the Canary Island Pines because they provide a
noticeable entry point to the City. It was noted the 90-foot Star Pine has been an
unofficial Christmas tree in the City, and suggested it be decorated and made the official Christmas tree
for the City of Orange. He would like to see the standing clock maintained, renovated, and
remain in the area; the intersection noses, light bollards, and paving be added in the Plaza.
The recommended bollards will create a halo around the Plaza at night. An issue with the Park
Plaza,is the removal of the Italian Cypress and the removal of the Sago Palm. It is proposed to put
the Sago Palm in Hart Park, and remove the avocado tree. They do not want to remove the
Monkey Puzzle Pine. It is proposed to expand the hardscape in the Plaza Park. Safety being an
important issue, it is proposed that people approach the Plaza from Glassell Street rather than
from Chapman Avenue. Also proposed is a change in the location ofthe crosswalks, an increase
in the amount ofturf in the Plaza, the roses be moved to a more conducive site to promote
their growth; and the original fountain returned to the Plaza
Park.The Community Services Manager explained the Plaza Renovation is broken down into
two phases. The total amount of funds required to complete Phase I (Quadrants) is $529,125.
Phase II monies have been budgeted in the 1998/99 CIP
Budget.Mayor Coontz asked if the brick sidewalks need to be approved through the State's
historic office? Mr. Cathcart responded he does not believe so, but will find out for sure. Mayor
Coontz expressed concern with the proposed moveable planters causing stains on the streets.
Mr.Cathcart said there are other options available that recall the traditional past without
the
deterioration.In response to Councilman Alvarez, Mr. Cathcart said the construction would take place
from 6:00 p.m. to 6:00 a.m. on Glassell Street and Chapman Avenue. One time capsule is currently
in the Plaza; the other one which is located in the northeast quadrant, will be moved into the
Plaza.It is proposed that the trees in the planters be moved to a different location in the
City.MAYOR COONTZ OPENED THE PUBLIC
HEARING.PAGE
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARING (Continued)
THE FOLLOWING PEOPLE SPOKE IN FAVOR:
Carroll Johnson, 100 So. Glassell, provided Council with a letter from the building owner,
Bernadette Abels, addressing problems with the quadrant trees that affect her building. (Letter
on file in the City Clerk's office).
Carole Walters, (address on file)Lisa
Ackerman, 151 N. Glassell, addressed problems with the dates from Palm trees, suggesting spraying
of trees be built into the annual maintenance; would like same rose bushes saved,suggesting
residents adopt-a-bush and they be replanted in the Plaza Park; asked that the tile
be restored and water spray be vibrant if the current fountain is retained; and expressed concern
that the hardscape area may not be conducive to musical activities because of noise and
the distraction from
traffic.Gary Meserve, Cambridge Street, would like original fountain in the Plaza and the Sago
Palm to
stay.Hank Mascolo, Orange
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres THE
FOLLOWING PEOPLE SPOKE IN OPPOSITION:B.
Kight Herbst, 1435 E. Walnut Avenue, opposed to removing Pine Trees in the Quadrants.Jim
Barry, President of Orange for Trees, opposed to removing Pine Trees in the Quadrants.Mayor
Coontz asked Mr. Barry ifhe is a paid consultant on contract with the City? Did you take part
in the proposal as Mr. Cathcart presented it? Mr. Barry responded he is a paid consultant on contract
with the City. He did not take part with the conceptual plan for the project. His part was
to review five of the 100 year old trees in the central island area; not the outer trees ofthe quadrants.
It was clarified to Mr. Barry that the historic trees are in the Plaza Park and the trees in
the quadrants were planted in the 1970' s.Janine
McCormack, 240 N. California Street, commented the Pine trees are visually significant,and
not enough consideration is being given to them.Anne
Siebert, 340 S. Olive, representing Old Town Preservation Association, regarding the quadrant
corners, concern was expressed that the project is moving too quickly. Saving the Pine trees
is important. They lead you to the circle and have a grandeur about them. It was suggested implementing
a maintenance program for the Pine Trees. The committee idea for the Plaza Park is
a good one.Mary
Anne Skorpanich, 292 N. Cambridge, representing Old Towne Preservation Association,expressed opposition
to Phase II of the project only. OTPA does not oppose a Master Plan or making improvements
for the public and the businesses in the area and would like to see it move forward. At
this time there is no consensus on the Plaza Park and a committee would be the best possible way
to reach a consensus. The Master Plan includes both the Plaza Park and the outer quadrant corners
and the Negative Declaration deals with both of these items and makes a justification for
approval that removing all historic elements in the Plaza Park has no historic impact. Nearly
everything in the Plaza Park is from the 1870's to 1940; the layout of the PAGE 23
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
hardscape, the sidewalks and water element in the center. Council was urged to drop the
Negative Declaration to study it further.
Barbara DeNiro, (address on file), expressed concerns with money, traffic impact, and people using
public property for their private business. Where does the lighting payment come from?SPEAKING
IN A NEUTRAL POSITION:Judy
Schroeder, 1041 N. Elizabeth Place, Special Projects Coordinator for the Community Historical Society,
expressed her desire to be included in the proposed Committee. Concern was expressed for
the 1938 fountain currently in the Plaza. Ms. Schroeder said she supports the Plan with some
cautions.Pat Kelly,
109 West Orange, commented the main concern of her customers are toilets, trash,and traffic.MAYOR
COONTZ CLOSED
THE PUBLIC HEARING.REBUTTAL:Mr. Cathcart
explained
the Washingtonia Palm trees recommended for the quadrants will not be shorter than 40
feet. The Queen Palms behind the Washingtonia Palms will be shorter to provide a canopy. He
confirmed there are no federal funds associated with the project and therefore no requirement to notify
the State Office of Historic Preservation. The issue of the furniture should be addressed by
the proposed Committee. The intent is to keep the 309 plaques in the Plaza, but move them when
the curbs are moved. The sophisticated sound system in the Plaza should remain. The Committee
needs to deal with the rose bushes. He indicated they do not want to destroy the Sago
Palm but does not feel the Plaza Park is the place for it. It is important that all members of the
community have a say in the Plaza issue.COUNCIL COMMENTS:Mayor
Coontz confirmed
the following improvements for the Quadrants be approved: 1)Removal of the
four planter boxes; 2) relocation of utilities, clock and monument plaques; 3)removal of brick
pavers on right of ways and replace with scoured concrete; stamped red concrete will be
installed along frontage property owners for aesthetic delineation between buildings and concrete;
4) re-stripe existing parking stalls, angling the parking for a total of 56 parking stalls;
5) removal of pine trees and replace with seven (7) 25-30 foot Palm Trees, evenly spaced
in each quadrant, which were the original trees planted in the Plaza; 6) installation of utilities,
electrical outlets, light standards, and signage; and 7) retain civil engineer to prepare design
plans and construction drawings for the construction of curb extensions (13 ft.) at each quadrant,
public right of ways, curb noses at each intersection and the drainage extension southwest
quadrant).PAGE
24
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Slater commented he was glad the Monkey Puzzle and Star Pine trees will be
saved. The Star Pine is the landmark tree downtown. It would be nice if the rose garden could
be maintained by a citizens group. He expressed support for the Queen Palm trees, noting they
are very much Orange, and in favor of the Pine Trees removed in the quadrants. Mayor pro tem
Slater suggested the project be put off until after the Street Fair and not rushed. Corners should
not be cut and it should be done right.
Councilman Murphy commented it is important to look at what the Plaza was originally and keep
that in perspective when looking at some of the choices.
Councilman Alvarez commented the future is dining on the sidewalks of the Plaza and enjoying
the City. The Pine trees will be sacrificed for a better Plaza.
Councilman Spurgeon commented the pine needles are a safety hazard. They are beautiful trees
in the wrong place. He concurred with Mayor pro tem Slater indicating he would like to see the
completion of the quadrants before the Street Fair but wants to see it done right.
Mayor Coontz suggested the committee consist of not more than 7 individuals representing the
Orange Historical Society, Taxpayers Association, Downtown Merchants, Old Towne
Preservation Association, Planning Commissioner, two public members and a member from the
Collaborative. Mayor Coontz further commented that the Design Collaborative has been working
on plans like this for many years and Mr. Cathcart has made the plans finite. She indicated from
her past experience on the Planning Commission, the street furniture design could be one of the
most difficult decisions to be made.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Approved Negative Declaration
1553-98 with the finding that the project will not have a significant adverse
impact on the environment.MOTION SECOND
AYES
Mayor
Coontz
Alvarez Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Moved to approve the Quadrant
plan, except for 1) the location of the trees in movable planters;2) the installation oflight bollards
at the corners of the intersections; and 3) the street furniture,and refer these specific items
to the Committee to be formed by the consultant.MOTION - Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
PAGE 25
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
Moved to proceed with the conceptual plan for the Plaza Park using the advice of the Committee
created by the consultant, and the committee to return to Council within 90 days to indicate their
recommendations for the entire plan.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
staff to advertise for bids for the Quadrant and approved a transfer in the amount of$395,
000 from the General Fund Unappropriated Reserves to Fund No. 500 (Capital Projects) and appropriated
funds to the Plaza Renovation Account No. 500-7021-485100-9875.
13.3 STREET LIGHTING IMPROVEMENTS:Tape 2952
Time set for a public hearing to consider a Master Lighting Plan prepared by the City for the Old
Towne Historic District proposing a family of lights to be used throughout Old Towne. This
plan identifies proposed locations for lighting fixtures and specific types of fixtures to be used
for each location. This plan sets the standards for future individual lighting projects that will be
installed over a period of time as budget is available. (C2300.I)
The Planning Manager reported the proposed Master Plan is important because it will ensure
consistency between projects occurring within Old Towne. The goal of the plan is to create a
lighting design that is attractive, fits historically with Old Towne, effectively lights the streets
and sidewalks, and is multi-purpose to accommodate banners and signs. The study
proposes acorn head fixtures as the theme light, urban design street furniture elements, and an emblem
to be included on the light post bases unique to Orange. He addressed concerns of the Old
Towne Preservation Association (OTPA) with some ofthe proposals in the Master Plan.
OTPA recommended eliminating the industrial standard light and using the residential light
standard.He responded that the industrial standard light, ifused at all, would be in the public parking
lots.OTP A also recommended using the 13 foot high acorn standards at the residential
intersections.Staff is willing to evaluate and study the feasibility of using the 13 foot high standards
rather than the proposed 25 foot high standards. Another concern ofOTPA is the proposed use of
the color black for the taller metal light standards. The smaller 13 foot high residential acorn
heads would remain concrete
colored.Mayor Coontz asked about the durability of the acorn head lights? The Director of Public
Works explained the concrete light standards are all manufactured by the same process. The intention
of the design is to reduce the danger of a collision with the
poles.Councilman Alvarez asked if the light fixture is manufactured on a standard basis? A dark
green color light was recommended, rather than the black. The Director of Public Works
responded any theme lights run the risk of being discontinued. They are custom designed poles
and precautions are taken with selecting theme lights for projects. The Planning Manager
indicated PAGE
26 111111 11-
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
the consultant recommended the black color as it was felt to be a complimentary color to the
existing sand colored concrete acorn lights.
Mayor pro tem Slater expressed safety concerns with banners being strung between the concrete
poles downtown. The Director of Public Works responded there should be a separate set of
banner poles designed for that purpose to be safe and done in accordance with acceptable
standards.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKING IN FAVOR:
Mary Anne Skorpanich, 292 N. Cambridge, suggested having the metal poles painted to look
like the concrete and eliminating the industrial style lighting fixture.
Carroll Johnson, 100 So. Glassell The
Director of Public Works explained the high pressure sodium lights are being used in new installations
which is a very efficient light source. They have been used inside the acorn-type
globes with the foster coating which dampens the color. The old lights are incandescent and
present safety issues.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to make
the finding that this project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15301 of the State CEQA Guidelines.MOTION - Slater
SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to approve the acorn head
design theme.MOTION - Slater SECOND - Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved
to: 1) approve the four proposed street lights
and drop the industrial light; 2) include the mile square in the boundary to include the Nutwood
Tract; and 3) the emblem be adopted but not painted; and 4) approve the Master Lighting Plan for
the Old Towne Historic District.PAGE 27
CITY COUNCIL MINUTES April 28, 1998
13.4 OUTDOOR DINING ORDINANCE:Tape 4063
Time set for a public hearing to consider adding Chapter 12.18 to the Orange Municipal Code to
create provisions for the permitting of outdoor dining on public walkways. This amendment is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15303 of the State CEQA Guidelines. ((A2500.0 AMD-
7-98)NOTE: Councilman Alvarez indicated there is a potential for financial gain to him
due to property interest that could be affected by the Ordinance and left
the dais.The Senior Project Planner reported the new Ordinance will require restaurant
owners to regularly clean their property, delineate the space that will be used for outdoor
dining, and remove all furniture at night to facilitate cleaning. A fee survey was done of other
cities in California who have this type of activity. An outdoor dining fee that equates to half
the average rental fee per square foot of indoor restaurant lease space is proposed. A correction was
noted to Page 8, Enforcement, No.6 of Ordinance No. 7-98, which should indicate
with prior approval,rather than
without prior approval.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Carlos Calderon, 146 N. Pine Street, General Manager of Felix Cafe, requested
the proposal include the sale of beer and wine in the outdoor areas; the removal of tables and chairs
from the outdoors be minimal; and the allotted distance on the sidewalk remain the way it is until
all the plans
are approved.Scott Parker, 158 Monterey Road, asked why the passageway cannot remain at four feet
ifit meets the ADA
requirements?Pat Kelly, 109 W. Chapman, referred to Chapter 12.18 of the Orange Municipal Code
referencing outdoor dining, and expressed concern with the outdoor dining and umbrella
requirements.
Carol Collis, owner of Two's Company, 22 Plaza Square, indicated she recently paid for an encroachment
permit and expressed concern that she may have to pay again.Gary
Clough, Diedrich Coffee, 44 Plaza Square, spoke in favor of the provisions and asked if they can
still have their umbrellas up?MAYOR COONTZ
CLOSED THE PUBLIC HEARING.The Senior
Project Planner responded it is not the City's intent to include alcohol in the proposal at this
time. The Street Fair is the only City-sponsored event that requests the sidewalks be open for
public access. The six foot passageway is recommended because it is a public sidewalk and felt
to be adequate for pedestrian travel and sidewalk usage. The Ordinance specifies that the Director
has the responsibility for approving the street furniture and umbrellas. A seven foot height
for the umbrellas is being recommended. Encroachment permits have been issued as a tool
to allow people to use the public sidewalks. An existing encroachment permit would be issued
a cease and desist and could possibly be applied toward a new permit. The Public Works Department
will be administering the new program. The Director of Public Works explained enroachment
permits are a one-time permit revocable upon demand. The minimum charge is
75.00.
PAGE 28
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Slater commented that until improvements are completed in the quadrants, the
ADA requirement of four feet remains. Once the improvements have been put in, the access
width will be six feet.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to make the
finding that this project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) pursuant to Section 15303 of the State CEQA Guidelines.ORDINANCE NO. 7-
98
An Ordinance of
the City Council of the City of Orange creating Chapter 12.18 ofthe Orange Municipal Code, Outdoor
Dining on Public Walkways.MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez Moved that Ordinance No.
7-98 be
read by title only and same was set for second reading by the preceding vote, with the provisions noted
in the time of implementation and the access width.MOTION - Murphy SECOND - Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez
Moved to direct staff to prepare a
Resolution amending the
Master Schedule of Fees and Charges creating an annual outdoor dining permit fee as outlined on
Attachment "B" in the Staff Report.Councilman Alvarez returned to the dais.13.5 ORDINANCE AMENDMENT
NO. 5-97, DOWNTOWN PARKING PROVISIONS:
Tape 5350 NOTE: Councilman Alvarez indicated he has a
property interest
at 131 So. Glassell, adjacent to the public lot, and left the dais.Time set
for a public hearing to consider a
proposal to amend certain provisions of the Orange Municipal Code, Chapter 17.34 Parking Ordinance to: 1)
create in-lieu parking fees for the Downtown Plaza District, which would allow for construction
of building additions without PAGE 29
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
providing the required number of parking spaces (subject to payment of fees), and 2) establish a
new parking requirement for the Downtown Plaza District.
Both changes pertain only to the eight block area that is bounded by Maple Avenue, Grand
Street, Almond Avenue and Lemon Street. (A2500.0 AMD-
5-97)The Planning Manager reported a new parking standard is needed that reflects that
the downtown collectively operates as a shopping mall. The proposed parking standard is four
spaces per thousand square footage of gross floor area, without differentiating between uses. The
in-lieu fee was developed to encourage economic development in downtown by removing the
need for a variance when a business wishes to convert or expand their business to a
more intensive use.The in-lieu fee will only apply to new construction where the
business does not provide additional parking. The in-lieu fee has two separate components:
1) an in-lieu replenishment fee of$2,100 which would apply to projects which add new
square footage but cannot provide the parking; and 2) an in-lieu replacement fee of$7,000 which
would apply to any new
project that eliminates existing required parking spaces.Mayor Coontz asked if this would cover a building that
has a second story renovated for use?The Planning Manager responded any existing
square
footage would be covered by the Ordinance.The City Attorney clarified that Council is not being
requested to adopt fees at this
time.MAYOR COONTZ OPENED THE PUBLIC HEARING.Carole Walters, (address on file), expressed concern that paying a
fee does
not take care of the parking problem.The City Attorney responded the hearing on fees will consist
of a study with some fee proposals to use funds for the
enhancement of parking in the downtown
area.MAYOR COONTZ CLOSED THE PUBLIC HEARING.Mayor Coontz asked what the solutions are to the
lack of parking in downtown. The Planning Manager explained the existing parking
Ordinance discourages restaurants from locating in the downtown area because the parking standard is 10 spaces
per 1,000 square feet, instead of5 spaces for retail. The existing standards did not
work well for downtown and became a disincentive. The fee will do a better job
of providing for long-term parking solutions and processing variances. Recommendations
will be brought to Council for their consideration.Mayor pro tem Slater commented
downtown
parking is
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Slater Mayor
Coontz Murphy, Slater,
Mayor Coontz, Spurgeon Alvarez Moved to
make the
finding that this project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per Section 15305 ofthe State CEQA Guidelines.ORDINANCE NO. 8-98
An Ordinance of
the City Council of the City of Orange amending Chapter 17.34 of theOrange Municipal Code relating
to in-lieu parking fees in the Downtown Plaza District.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon ABSENT - Alvarez Moved that Ordinance
No. 8-98
be read by title only and same was set for second reading by the preceding vote.MOTION SECOND AYES
ABSENT Slater
Mayor
Coontz
Murphy,
Slater,
Mayor Coontz,
Spurgeon Alvarez Moved
to direct staffto prepare a Resolution
amending the
Master Schedule of Fees and Charges to establish in-lieu parking fees.Councilman Alvarez returned
to the dais.13.6
MILLS ACT PROGRAM:Time set for
a public hearing to consider
the adoption of the Mills Act, which is a program that will authorize the City to enter into future
Historic Property Preservation Agreements with individual property owners. All such agreements will be
on a voluntary basis, initiated by request of a property owner. By adopting the
Mills Act, the City will be able to assist property owners in obtaining tax relief, in exchange for
their guarantee to preserve historic properties.This action is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the
State CEQA Guidelines.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez PAGE 31
CITY COUNCIL MINUTES April 28, 1998
13. PUBLIC HEARINGS (Continued)
Moved to continue to May 12, 1998 as requested by staff.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS Fred
Gillett, 205 E. Palmyra, expressed support for the Mills Act Program. Concern was expressed
with Section 21, Indemnity ofthe City. The Hold Harmless Statement is inappropriate for
this type of agreement and he requested Council consider replacing it with the name insured endorsement
on the property owner's liability policy.The
City Attorney responded the indemnity clause sets the parameters under which the insurance company
would have to defend and indemnify the City.Ellen
Zaslansky, 315 So. Orange, Chair of the Mills Act Committee, asked that Council consider amending
the Ordinance and addressed Section 7 Title, Automatic Renewal. She asked that any maximum
term be deleted for the following reasons: 1) a maximum term is contrary to the legislative
intent which is to preserve the property in perpetuity; and 2) installing a maximum defined
term would introduce burdensome administrative tasks to the City. The 15 year maximum
term limit is unnecessary.The
City Attorney referred Mr. Gillett and Ms. Zaslansky to the Assistant City Attorney.Carole
Walters, (address on file), expressed concern with Police Officer Ed Tunstall being placed on
Administrative Leave. Ms. Walters indicated she will be involved until June 1 sl with a petition
to go on the ballot.The
City Attorney commented Ms. Walters is addressing personnel matters which are not within the
jurisdiction of the City Council.Councilman
Alvarez asked if it would be proper for a Councilmember to review the personnel file
of Police Officer Ed Tunstall? The City Attorney responded that would not be proper.Gary
Meserve, Cambridge Street, commented there is no parking problem on Cambridge Street now
that P. J. Mead's is closed.Richard
Carlson, 159 S. Cambridge Street, commented on the qualifications of a new Mayor.THE
CITY COUNCIL RECESSED TO CLOSED SESSION AT 11:47 P.M. AND RECONVENED AT 12:40 P.M.PAGE
32
CITY COUNCIL MINUTES April 28, 1998
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 12:40 p.m.1~l(d:
I?~CASSANDRA J. ATHCART,
CMC CITY CLERK PAGE
33