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10-14-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 28, 1997 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA October 14, 1997 The City Council of the City of Orange, California convened on October 14, 1997 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 Mayor pro tern Slater 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The City Manager gave an update on the fires which started in the Black Star Canyon area east of Orange late Monday evening and have engulfed over 5,200 acres. An explanation was given of the Levell activation of the City's Emergency Operation Center (EOC). Resolution No. 8825 was presented to Michael A. Costello of the Public Works Department commending him for more than 39 years of loyal and dedicated service.Jimmy Quintero, Leukemia Society of America, reported that $17,000 was raised with the help of Mayor pro tern Slater last month at the Leukemia Society Annual Celebrity Waiter's fundraiser event. Plaques were presented to Leukemia Society fundraiser participants Jeff Altman, WestCal Mortgage, and Cathy and Larry Kieft, Orange Community Escrow. Mayor Coontz and Mr. Quintero presented a plaque to Mayor pro tern Slater for his fundraising efforts.Claude Claussen, on behalf of the Orange Elks Lodge, presented 66 hand crocheted lap top blankets made by inmates at the California Rehabilitation Center to Chief Robertson for the Orange Police Department use with crime or accident victims.1.4 PROCLAMATIONS - None PAGE CITY COUNCIL MINUTES October 14, 1997 2.CONSENT CALENDAR Tape 397 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of October 14, 1997 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on Time Wamer 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 September 23, 1997 and October 3, 1997. ACTION: Approved. 2.3 Request approval of City Council Minutes, Regular Meeting, September 23, 1997. NOTE: Councilman Alvarez abstained due to his absence at the September 23, 1997 meeting. ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 2.5 Request from Wayne and Kathy Deffenderfer, owners of a residential parcel located at 15562 Cully Drive in the unincorporated territory of the County of Orange, to connect to City sewer. (A2100.0 AGR- 2913)FISCAL IMPACT: None. All connection and permit fees and sewer charges will be paid by the Applicant.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council approve a utility agreement with the State of California (Caltrans) for reimbursement for waterline relocation and construction in conjunction with 1- 5 freeway widening. (A2100. 0 AGR-2914)FISCAL IMP ACT: The agreement allows for reimbursement of costs associated with the relocation of water facilities affected by the proposed 1-5 freeway widening.ACTION: Authorized Mayor and City Clerk to execute on behalf of CITY COUNCIL MINUTES October 14, 1997 2. CONSENT CALENDAR (Continued) 2.7 Request Council approve an agreement with Orange Tot Lot (non-profit organization) for the use ofEl Camino Real Park. (A2100.0 AGR-2915)FISCAL IMPACT: None.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.8 Request Council approve agreements with Berryman & Henigar, Vandorpe Chou Associates and Willdan Associates for building plan check consulting work. ( A2100. 0 AGR-2916)FISCAL IMP ACT: None. Costs relating to the plan check will be paid by the project owner.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.APPROPRIATION 2.9 Request Council approve the appropriation of funds for the design of the Santiago Creek Bike Trail at Cambridge Street and the preparation of a Project Study Report for the Bike Trail between Tustin Street and Chapman Avenue. Funding would be through the AB 2766 Fund (DMV fees to reduce air pollution) and would be allocated to the following Public Works accounts:245-5012-410000- 6099 (Salaries, staff oversight) $3, 000 245-5012-426700-6099 (Professional Services) $12,000 FISCAL IMPACT: The project and minimal long term maintenance costs related to the project can be funded through AB 2766 Funds. There is no impact of this project on the General Fund. (B5000.0) ACTION: Approved. CLAIMS 2.10 CLAIMS FOR DAMAGES FROM:a. White FISCAL IMP ACT: None.ACTION: Denied claim for damages and referred CITY COUNCIL MINUTES October 14, 1997 2. CONSENT CALENDAR (Continued) CONTRACTS 2.11 Request Council approve a contract with the ORICOM Group for implementation of the City's used Oil Recycling Block Grant for July 1, 1997 through June 30, 2000. (A2100.0 AGR-2224.D. 1 )FISCAL IMPACT: All fees for program development and management will be paid from grant monies and will not exceed the amount of the grant awarded. The amount of the grant is $42,282. 00.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.FUND TRANSFERS 2.12 Request Council approve a transfer of $2,180 from Account No. 100-2011-252100-9987 General Fund" to Account No. 100- 2001-443101-9987 "Rental Books" topurchase rental materials for the Library. (C2500.I)FISCAL IMP ACT: Council authorized the revenue generated from this account to be used to sustain the library's rental collection. No fiscal impact to the City's budget.ACTION: Approved.2.13 Request Council approve a transfer of $1,850 from Account No. 100-293900-9986, Patron Donations" toAccount No. 100-2001-443101-9986 "Library Materials from Patron Donations", (C2500.I)FISCAL IMPACT: Patrons have donated $1, 850 to the Orange Public Library to supplement the library's budget.ACTION: Approved.PARKING REMOVAL 2.14 Request for the temporary removal of on-street parking on both sides of Palm Ave.between Glassell St. and Center St., and both sides of Glassell St. between Palm Ave. and Sycamore Ave. to facilitate construction of a City storm drain project, from October 20, 1997 through January 17, CITY COUNCIL MINUTES October 14, 1997 2. CONSENT CALENDAR (Continued) 2.15 Request for the temporary removal of on-street parking on the west side of Shaffer St.from Walnut Ave. northerly 300 feet, to facilitate the construction of a City sewer project,from October 20, 1997 through December 8, 1997. (S4000.S.3.1. 1)FISCAL IMP ACT: None ACTION: Approved. RESOLUTIONS 2.16 RESOLUTION NO. 8826 A Resolution of the City Council of the City of Orange revising the Conflict of Interest Code for the City of Orange to include the Audit Committee. (A2500.0 Conflict of Interest)ACTION: Approved.2.17 RESOLUTION NO. 8834 A Resolution of the City Council of the City of Orange approving the submittal of an Improvement Project to the Orange County Transportation Authority (OCTA) for funding under the Bus Stop Accessibility Program. (S4000.S.3. 1A)ACTION: Approved.2.18 RESOLUTION NO. 8833 A Resolution of the City Council of the City of Orange expressing appreciation to Scott Morgan of the City Manager's Department and commending him for eight years of loyal and dedicated service. (C2500. E)ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.19 RESOLUTION NO. 8839 A Resolution of the City Council of the City of Orange temporarily closing sections of Glassell Street and Chapman Avenue immediately abutting the Plaza area of the downtown Business District for a special event. (S4000. SA)NOTE: Councilman Alvarez abstained due to a property interest in the downtown area.PAGE CITY COUNCIL MINUTES October 14, 1997 2. CONSENT CALENDAR (Continued) Discussion: Carole Walters, 534 N. Shaffer, commented potentially affected business owners and residents should be notified when a special event is to take place and indicated the special event application is different than the map. The Director of Community Development responded all individuals or organizations requesting a special event will be required to go through the notification process. A request was received from Ms. Walters to clear up a problem with the Elk's Club and the Downtown Merchant's Association which has been resolved. The map reflects a change in street closure to accommodate the request from the Elk's Club. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSTAIN - Alvarez Moved to approve.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Councilman Alvarez abstained on Items No. 2. 3 and 2.19. Item No. 2.19 was removed and heard separately. The remainder of the Consent Calendar was approved as presented.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR COONTZ Tape 538 3.1 Status Report for the early opening of the Eastern Transportation Corridor Mayor Coontz reported the Eastern Transportation Corridor ( ETC) is scheduled for an early opening in October, 1998. Ifnot planned for adequately, it could mean traffic impacts on City streets, especially Chapman Avenue and Jamboree. City staffhas been requested to work with the Transportation Corridor Agency (TCA) and Silverado Constructors to help assess City needs and impacts.It is expected the TCA may open the Corridor in phases. When completed, the ETC will go from the Orange County line at the 91 Freeway to two separate links with the 1-5 Freeway. The first link, or west leg, is the connection ofthe 1-5 Freeway at Jamboree. The second link, or east leg, is the where the 1-5 Freeway meets the Laguna Freeway.PAGE 6 CITY COUNCIL MINUTES October 14, 1997 3. REPORTS FROM MAYOR COONTZ (Continued) The City has been told the TCA may not open the west leg until an arterial intersection is completed at Jamboree, Edinger and Irvine. Without an open west leg, the City can expect drivers to exit the ETC at Chapman and Jamboree in East Orange, which will require the widening of Jamboree from Chapman south to the City limits. It can be done using the existing right-of-way. It has been argued that the TCA and Silverado Constructors should expedite the work and pay for it if they decide to open the Corridor without the west leg. Although they are still pursuing an alternative that will allow them to open all of the TCA at the same time, they have been asked to consider implementing the improvement projects on Jamboree concurrently.This will ensure, in the event of the opening of the ETC without the west leg, the City' s street system will not experience undue congestion and the residents quality of life will not be adversely impacted.4.REPORTS FROM COUNCIL MEMBERS Tape 636 Mayor pro tern Slater reported campaign signs for candidates for the Orange Unified School District Board have been placed illegally in the public right-of- way. With Council's concurrence, it was requested that the City Clerk's office notify the candidates of the appropriate placement for signs and Public Works Department staff remove the signs, particularly on telephone poles along Tustin Street.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 679 5.1 Report from the Finance Director on the qualification review of the candidates for the Investment Advisory Committee. ( OR1800.0.27.13)The Assistant Finance Director presented the report. Mayor Coontz noted that six applications were received for the Investment Advisory Committee. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the appointment of James Hansen, Harold Jackson and Charles Simons to the Investment Advisory Committee. The terms of the members will be for a period of two years.No staggering of terms will be done until the committee is expanded to five members.5.2 Appointment of Douglas Westfall to the Orange Public Library Board of Trustees,term to expire 6/30/2000. (C2500.I. 1)Mayor Coontz commented that Mr. Westfall has excellent qualifications and enthusiasm and will be a valuable asset to the Board. The Council interviewed all of the candidates.PAGE CITY COUNCIL MINUTES October 14, 1997 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appoint Douglas Westfall to the Orange Public Library Board of Trustees for a term to expire 6/30/ 2000.6. REPORTS FROM CITY MANAGER - None 7.ADMINISTRATIVE REPORTS Tape 862 7.1 Report from the Director of Public Works on storm emergency preparations for any winter storm emergencies that may occur during 1997-98. (C2500.M)The Director of Public Works presented a brief overview ofthe Public Work's Department preparation for storm emergencies. In response to questions and concerns addressed by Mayor Coontz, the Director of Public Works explained the following:Sand or sand bags are not made available at the fire stations when a storm is not in the forecast. Residents who wish to make advance preparations can obtain sand bags from building supply outlets. Sand is available at building construction supply businesses. With a storm in the forecast, sand will be deposited and sand bags will be provided at the five fire stations. Fire station addresses will be made available.Eisenhower Park lake, which has consistently flooded the intersection of Taft and Cambridge over the years, can be manually drained through a 60 inch pipe. The Public Works Department is communicating with the Community Services Department to arrange for the drainage to occur. The policy for the Villa Park dam will remain the same. The County Flood Control District will have a person staffing the dam on a continual basis during storm conditions, as they have in the past. The County will notify the City when releases are to be made.The City has a permit to clear the area 10 feet on either side ofthe center line of Handy Creek. A weed spraying program has kept the area under control since heavy equipment was last used in 1987. Santiago Creek is under the jurisdiction of the County Flood Control District.A public information flier is being inserted in the water bills. A bulletin can also be placed on cable television. Councilman Murphy suggested the public information bulletin also be made available on the City's web page.PAGE 8 CITY COUNCIL MINUTES October 14, 1997 7. ADMINISTRATIVE REPORTS (Continued) The City Manager commented public information is being provided to citizens to prepare for a storm emergency. However, the public must not rely upon local government for a full and personal response as the City does not have the resources. A city map format identifying the locations of the fire stations could be provided on the counters for the public, on cable television, and on the web page. Mayor Coontz suggested placing reduced size FEMA maps on cable television and the web page. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, suggested a City/County liaison be at the new County Emergency Operations Center (EOC) due to streets in Orange Park Acres being in both jurisdictions. The City Manager responded the County's EOC is located at the top of Lorna Ridge. The Orange County Emergency Management Association consists of County organizations, school district representatives, city representatives, and other special agencies which participate in discussing disaster issues. The City Manager added he has been appointed to the Operational Executive Board for the Orange County City Manager's Association and is responsible for operating the EOC and coordinating advance activities. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report.8.LEGAL AFFAIRS Tape 1400 8.1 ORDINANCE NO. 21-97 An Ordinance of the City Council of the City of Orange amending the contract between the City of Orange and the Board of Administration of the California Public Employees' Retirement System to provide Local Miscellaneous members the benefit of2% at 55 full or supplemental formula (4% employee sharing cost of additional benefits). (A2100.0 AGR-0281.11)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 21-97 be passed and adopted by the preceding vote.8.2 ORDINANCE NO. 22-97 An Ordinance of the City Council of the City of Orange repealing Chapter 5.45 ofthe Orange Municipal Code and adding a new Chapter 5.45 tothe Orange Municipal Code pertaining to filming activities. PAGE 9 CITY COUNCIL MINUTES October 14, 1997 8. LEGAL AFFAIRS (Continued) The Director of Economic Development presented the report. Councilman Alvarez suggested the proposed wording in the chart entitled "Proposed Changes to Film Production Permit Process" for Advance Notice be changed from "five business days shall be required" to "up to five days." It was also suggested that the wording "in writing" be added to Section 5.45.070(B) General Permit Conditions of the proposed Ordinance. The wording on Section 5.45.070(A) General Permit Conditions would also require changing relative to the five business days in advance. It was suggested when the Ordinance returns for second reading that staff provide an application packet with the Ordinance and a flow chart showing how a producer's request flows through the system; where the hurdles are in terms of permits, police and parking; and how the information is channeled through the City Manager's office and to the City Council. The City Manager commented that changing the wording to "up to five days" could cause a tremendous amount of pressure on staff if, for example, an applicant requested a permit 24 hours before an event. This would not allow staff time to properly obtain information from other departments and ensure that the community has been properly solicited. The City Attorney clarified that the word "written" would be added after the word "owner's" in Section 5.45.070(B) of Ordinance No. 22-97 when it returns to Council for first reading.Carole Walters, 534 N. Shaffer, commented some businesses were hurt during the filming of That Thing You Do." These problems should be evaluated by the City. Ms. Walters expressed concern with the wording "metered public parking" in Section5.45.070(F) General Permit Conditions of the proposed Ordinance.The Director of Economic Development explained that much of the language in the Ordinance is universal to the State of California. The City Manager added that the business community came forward with the idea of public parking meters and staff is working to coordinate the feasibility of how parking meters might work in the City. Including the wording "metered public parking"in the Ordinance avoids the costly time and effort that could be involved in amending the Ordinance.The City Attorney recommended the wording in Section 5.45.070(F) of Ordinance No. 22- 97 be changed to "When parking in a City-owned parking lot or City-controlled public parking lot, the permittee will be billed. ...."Councilman Alvarez requested staff identify and develop zones and zone costs within which a director can film, specifically in the Old Towne area. The Director of Economic Development responded she would discuss this with Councilman Alvarez after the meeting.Councilman Spurgeon commented for the record: "I just think we are spending too much time up here when we should direct it to staff. I have not made up my mind on anything to do with whether we have meters in the parking lots or not, that are City owned CITY COUNCIL MINUTES October 14, 1997 8. LEGAL AFFAIRS (Continued) MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved to continue to the October 28, 1997 meeting.RESOLUTION NO. 8838 A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to filming activities.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Coontz, Spurgeon NOES - Alvarez Moved to continue to the October 28, 1997 meeting.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, provided Council and the City Manager with a copy of a public report she received in the mail.William Mattern, 4327 E. Chapman Avenue, requested the City's assistance with vandalism and litter problems to his property caused by individuals at the Orange County Youth and Family Services on Pearl Street, located behind his business. Councilman Spurgeon referred Mr. Mattern to Bob Tunstall, Executive Assistant to Supervisor Steiner, who would be able to assist him with this matter.Chris Walker, 117 S. Solana Drive, addressed parking and litter problems caused by employees at Integrated Health Services located across from his property and the parking variance from twelve years ago.The City Manager asked Mr. Walker to provide his office with the specific information and the City will follow up on the matter. Mayor Coontz asked the City Manager to direct staffto revisit the variance.PAGE 11 CITY COUNCIL MINUTES October 14, 1997 11. RECESS The City Council recessed to Closed Session at 6:00 p.m. for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a)-existing litigation.Request to join as an amicus curiae in Green v. City of Los Angeles, L. A. Superior Court Case No. BCl17581.b. Conference with Legal Counsel - anticipated litigation.Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). c. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property: 132 N. Center Street and 345 E. Chapman Avenue Negotiating parties: Bank of America, NT&SA and City of Orange.Under negotiation: Price and terms of payment.d. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session.7: 00 P.M. SESSION 12.1 INVOCATION Pastor Carl Friedrich, Praise Chapel 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Presentation of colors by the Fox Company 505th Parachute Infantry Regiment 82nd Airborne Division Re-enactment Unit.Led by Mayor pro tern Slater 12. 3 ANNOUNCEMENTS - None 12.4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None PAGE 12 CITY COUNCIL MINUTES October 14, 1997 12.6 PRESENTATIONS Presentation of Trophy for best all-around performance at Irvine Park Centennial "Pass in Review" held October 4 & 5, 1997 to the California Historical Group-Fox Company 505th Parachute Infantry Regiment - 82nd Airborne Division Re-enactment Unit. Unit Leader 2nd Lieutenant Nick Friedrich. ( H1500.0)Resolution No. 8833 was presented to Scott Morgan of the City Manager' s office expressing appreciation and commending him for eight years of loyal and dedicated service. Councilman Spurgeon, on behalf of the City Council and City employees,presented Scott Morgan with the book entitled "Orange, the City Around the Plaza."13.PUBLIC HEARINGS Tape 3232 13.1 MC PHERSON ATHLETIC FACILITY; MITIGATED NEGATIVE DECLARATION 1527-97, ORANGE UNIFIED SCHOOL DISTRICT:Time set for a public hearing on the McPherson Athletic Facility proposal to improve, redevelop and construct athletic facilities to include five baseball fields, four soccer fields, basketball courts, playground area, walking path and concession/restroom and re- stripe parking lots. The purpose ofthe project is to create a community athletic facility open to the general public and organized athletic teams and leagues. The property is located at 333 S. Prospect Street (southeast corner of Prospect Street and Palmyra Avenue).Mitigated Negative Declaration 1527-97 has been prepared to evaluate the environmental impacts of this project. (N1200.0 NEG-1527-97)Mayor Coontz reported the City has a long history of engaging in activities for the benefit of the youth in conjunction with the Orange Unified School District (OUSD). Since 1953, the City of Orange, at $125,000 per year, has been providing the water for eight of the school sites in the OUSD. Some ofthe improvements and activities the City has been involved in include:landscape improvements and additional open space for athletic and recreational purposes at Killefer Park; grants and improvements at Portola and Sycamore Schools for Orange Little League; softball fields at Katella School for Villa Park Bobby Sox; and tennis courts and activities at McPherson School. The City has been working through the Master Joint Use Agreement with the OUSD to dedicate the City to the use of the community through its recreational programs, grants and other monies, and continue the upkeep of the sites.The Director of Community Services/Library gave a slide presentation and an overview of the planning process involved; why the McPherson School site was chosen; and the proposed improvements for the site. Mayor Coontz read a letter received from Supervisor Steiner expressing his support ofthe McPherson Athletic Facility. Approximately thirty phones calls CITY COUNCIL MINUTES October 14, 1997 13. PUBLIC HEARINGS (Continued) Carlene Baskavitch, principal at the firm of Urban Vision, Newport Beach, reported Urban Vision was the consulting firm retained by the City to prepare the Mitigated Negative Declaration in accordance with California Environmental Quality Act (CEQA) for the McPherson facility. The Negative Declaration findings determined in the areas of earth, air, water, light and glare, and public services, the effects were determined to be less than significant. For the areas of noise, transportation and circulation and recreation, effects were determined to be mitigatable to a level ofless than significant. Seven mitigation measures were prepared. Ten mitigation measures were prepared as an addendum and are part ofthe Mitigated Negative Declaration. The seventeen mitigation measures are part of the Mitigation Monitoring Program, which would be adopted as part of the package in order to monitor the implementation of the mitigation measures. Mayor pro tern Slater asked if the six-foot walking path around the perimeter of the project addressed in the Mitigation Measure under Recreation will be concrete, and if so, have any other options been discussed?Steve Lang, Landscape Architect for Purkiss-Rose RSI, responded decomposed granite would be used with concrete bands on either side that would hold the granite in place and maintain it.Decomposed granite is better for walking and jogging.MAYOR COONTZ OPENED THE PUBLIC HEARING.Speaking in support:Mark Paone, 6219 Rocking Horse Way, representing the Board of Directors and the parents and children of South Sunrise Little League Greg Myers, Dunas (gave his speaking time to Mark Paone)Geoffrey Willis, 3403 10th Street, Riverside, representing McPherson Advisory Council Brittany Buckett, 10492 Center Drive, Villa Park, on behalf of Orange Junior Soccer Robbie Gaze, 2915 E. Vine, Apt. A, representing Orange Youth Football Deborah P. Knefel, 4304 Townsend Avenue Mark Burkhardt, 3447 E. Ruth Place, Chairman of McPherson Advisory Council, requested the City Council vote for the City to pay for the $3,500 paid for their attorney services.The City Attorney responded that the City Council cannot taken action since it is not an agendized item. Mayor Coontz stated the request should be reviewed by the City Attorney, the City Manager, and the Community Services Department.PAGE CITY COUNCIL MINUTES October 14, 1997 13. PUBLIC HEARINGS (Continued) Carter James, 1110 E. Mardell, President of Orange Junior Soccer Club Steve Borden, 447 S. Olympia Way, encouraged the parents of the athletic organizations to demonstrate good sportsmanship and supervise their children when using the facility. Comments made in support: The facility will be good for the children in the community. The facility will bring athletic groups together. The mitigation measures were important to the adjacent residents. Carole Walters, 534 N. Shaffer, commented that the residents should have been notified prior to Council's approval in December, 1996. Mayor Coontz responded she and Councilman Murphy attended the first meeting that the homeowner's attended and were aware of the fact that more notification should have been given. Names, addresses, and phone numbers were taken at that meeting. The Director of Community Services has apologized for staff not recognizing that problem and it has now been resolved. MAYOR COONTZ CLOSED THE PUBLIC HEARING. Councilman Murphy apologized that the neighbors were not involved earlier in the process; applauded all the efforts involved; and indicated he was confident from the first neighborhood meeting that this project would come together. The mutual agreement between OUSD and the City provides for the maximum use, from both perspectives, and invests in meeting the athletic needs for the children that are long overdue. Councilman Murphy said he is very positive about the project and looks forward to supporting it. Mayor Coontz stated for many years the City Council was interested in the initiation of the use of fields in the OUSD. It was recognized that a multi-use facility would be the best answer.Director of Community Services/Library Gary Wann, his staff, and everyone involved in the process, were commended for doing a tremendous job.The Director of Community Services/Library explained the project needs Council's approval tonight as it is desirous that the issue be heard before the OUSD Board on October 23rd. When approved by the OUSD Board, the project becomes final.Mayor Coontz said she and Councilman Alvarez serve on the OUSD Coordinating Committee and are aware of the needs. It is hoped that the Board of Trustees of the OUSD also recognize the tremendous job that has been accomplished in the City of Orange.PAGE CITY COUNCIL MINUTES October 14, 1997 13. PUBLIC HEARINGS (Continued) Mayor pro tem Slater emphasized to the audience the importance of attending the OUSD Board meeting on October 23rd; expressed disappointment personally that the picnic shelter and tables were removed (Mitigated Measure No.5 - Noise); and requested that this issue be revisited by Council and the neighbors in a year from the time the facility is completed and in operation.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Mitigated Negative Declaration 1527-97.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Mitigation Monitoring Program.MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve McPherson Athletic Project authorizing staff to advertise to bid and negotiate a Site Specific Agreement between the City of Orange and Orange Unified School District.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, questioned the amount paid for recycling on her utility bill;addressed the City's expenditure of money on the ORRS facility; asked why resident's continue to pay $3.00 for their recycling bins; ifresident's have to pay for permit parking on the item that was approved at this meeting; and requested an answer within a couple of weeks.Mayor Coontz asked the City Manager to research when the recycling program began and contact Mrs. Walters?Alan Pollack, 2141 N. Flower, Santa Ana, on behalf of Orange Bobby Sox, thanked the Council and Gary Wann and his staff for their support and efforts for the opportunities that are being given to the young children and the parents in the community.Janelle Chiu, 12692 Dunas Road, spoke in support ofthe McPherson project and asked ifit is going to be a park where people would be allowed to go during school hours.Councilmembers responded that people would not be allowed on the site during school hours.PAGE 16 CITY COUNCIL MINUTES October 14, 1997 RECESS The City Council recessed at 8:40 p.m. to consider the following Closed Session items: a. Public employee performance evaluation pursuant to Government Code Section 54957: City Attorney. b. Public employee discipline, release and dismissal pursuant to Government Code Section 54957. The City Council reconvened from Closed Session at 10:50 p.m. 16. ADJOURNMENT MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 10:50 p.m.J-',J.#N~ h~~CASSANDRA . ATHCART, CMC CITY CLERK i/ :- .,' 01;( ;c[../. c {/(~.) 2>~ 7. JOANNECOONTZ ,/)l /MAYOR v. PAGE 17