HomeMy WebLinkAbout6_22_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 13, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 22, 2004
The City Council of the City of Orange, California convened on June 22, 2004 at 4:30 p,m, in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,
California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Ginny Erwin, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City Clerk Mary Murphy
1.3 ROLLCALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Murphy, Cavecche Coontz 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of
City of Orange Emergency Medical Personnel honored by the Orange County Health
Care Agency during the Emergency Medical Services Week "Salute to Every Day
Heroes",Presentation of
Resolution No, 9873, expressing appreciation to Leroy E. Striegel of the Public Works
Department and commending him for more than 35 years of loyal and dedicated service
to the City of Orange,Presentation of
Resolution No, 9874, expressing appreciation to Charles H, Glass of the Public Works
Department and commending him for more than 16 years of loyal and dedicated service
to the City of Orange,The following
employees received Service Awards:Monica Jones -
City Attorney; Matthew Cisowski - Fire (not present); Michael Smith-Fire (not present); John
Wiegand - Fire (not present); Robert Dunwoody - Fire (not present); Erik Nogle - Fire (not present);
Christina Goytia - Community Services;David San Roman - Community Services; Wayne Winthers - City
Attorney (not present); MarkMatsuda - Community Services; Terry Remyn - Water; Sharon Crawford -
Economic Development (not present); Joseph Ramirez - Police (not present); Randy Thompson -
Police (not present); Dennis Weaver - Fire; Robert Timboe - Fire; Victor Uribe -
Pubic Works (not present); Ruben Gallegos - Public Works; Robert Knaak - Public Works (
not present),PAGE 1 r'---
CITY COUNCIL MINUTES June 22, 2004
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Proclamation honoring Parks and Recreation Month and National Aquatics Week -presented
to Eric Laronda, Addie Gillespie, Luis Marquez and Christina Goytia of the Community
Services Department.Mayor
Murphy announced a Memorial Adjoumment III honor of Bob Bennyhoff,journalist
and long time friend to the City.2.
PUBLIC COMMENTS Mary
Dargatz, 2534, asked the City to look into the safety and stability of the temporary poles
at Y orba Park.Tom
Anderson, Address on File, spoke on the Master Plan of Recreational Trails; and thanked
Councilmember Coontz for requesting an update on this matter,3.
CONSENT CALENDAR All
items on the Consent Calendar are considered routine and are enacted by one motion approving
the recommended action listed on the Agenda, Any member of the City Council,
staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar,3.
1 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda
of a regular meeting of June 22, 2004 at Orange Civic Center north facing kiosk,
Police facility at 11 07 North Batavia, Shaffer Park, all ofsaid 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; and available at the Orange Civic
Center City Clerk's Office and Main Public Library, 101 N. Center.ACTION:
Accepted Declaration of Agenda Posting and authorized its retention as a public
record in the Office of the City Clerk,3.
2 Request Council confirmation of warrant registers dated June 3 and 10, 2004.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Regular Meeting, June 8, 2004.C2500.
D.4)ACTION:
Approved.3.
4Consideration to waive reading in full of all ordinances on the Agenda.ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
3.5 Receive and file the City Treasurer's Report, period ending May 31, 2004,
C2500.F)
ACTION:Approved,
AGREEMENTS
3.6 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
A2IOO.0 Agr-1626.
G)SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes
blood,breath and urine evidence for the Police Department. The proposed Agreement is for
the period July I, 2004 through June 30,
2005.ACTION: Approved the Consultant Services Agreement between the City of Orange
and CFP in an amount not to exceed $43,000 and authorized the Mayor and the City Clerk
to execute the agreement on behalf of the
City.FISCAL IMP ACT: Funds are budgeted for fiscal year 2004-2005 in
the
following accounts:100-4031-426700 (Detectives-Other
Professional & Consulting Services) $17,000 100-4041-
426700 (Traffic-Other Professional & Consulting Services) $26,000 3.7 Agreement between the City of
Orange and VisionAlR, Inc. (A2IOO.0 Agr-3217.C)SUMMARY: VisionAIR, Inc,
is the vendor for the Police Department's computer-aided
dispatch and records management system (CAD/RMS), The Consultant Services Agreement for software maintenance,
for the period July 1, 2004 through June 30, 2005,
will provide continued support and upgrade services for these systems.ACTION: Approved
the Consultant Services Agreement between the City of Orange and VisionAIR, Inc, in the amount of $
85,113,74 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City,FISCAL IMP ACT: Funds
are budgeted for fiscal year 2004-2005
in account number 100-4011-427800 (Administration-Other Contractual Services) for this purpose.3.
8 Agreement between the City of Orange and the Orange
County Bar Foundation,Inc. for provision of Juvenile Diversion Services. (
A2100.0mAgr-3559.D)SUMMARY: The Orange Police Department Juvenile Diversion Program
is an alternative to formal processing of juvenile offenders who have exhibited personal or
family needs, which might better be rectified by intervention at
the local level. Services include: individual, small group, and
family counseling; community service; restitution;employment referrals; educational workshops; and other individualized responses
to specific problems, The
Consultant Services
Agreement
is
for the
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc, in the amount of $83,627; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City,
FISCAL IMPACT: Funds are budgeted for fiscal year 2004-2005 in account number
100-4031-427800 (Detectives-
Other Contractual Services),3.9 Agreement between the County of Orange and the City of Orange
for Provision of Gang Prevention and Suppression Services. (A2100.
0 Agr-1853.L)SUMMARY: Since 1991, the City of Orange and the County of
Orange have entered into yearly agreements that have provided the City with the services
of a full-time Probation Officer specializing in gang prevention and suppression,
The Probation Officer works in conjunction with the Police Department's Gang
Unit to provide supervision and enforcement of court orders for minors and adults on
probation under the existing policy of the Orange County Probation Department
and Superior Court, The proposed Agreement is for the period July I,
2004 through June 30, 2005.ACTION: Approved the Agreement between the County of
Orange and the City of Orange for Provision of Gang Prevention and Suppression
Services in the amount of 97,293; and authorized the Mayor and the City Clerk
to execute the Agreement
on behalf of the City,FISCAL IMPACT: There are sufficient funds budgeted
for Fiscal Year 2004-2005 in account
number 100-4032-426700 (Gangs-Other Professional & Consulting Services),3.10 Award of Contract
for Professional Engineering Services for design of
Fiber Optic Traffic Signal Communication System. (A2100.0 Agr-4510)SUMMARY:
This agreement authorizes the Consultant to design a fiber optic communications system for
connection
of the City's traffic signals to enhance traffic flow.ACTION: Approved the
agreement with RBF Consulting in an amount not to exceed 99,809 and authorized the Mayor
and City Clerk to execute on behalf of the City,
FISCAL
IMP
ACT:
Funds
are
budgeted
in
the following
accounts:550-
5032-483100-2999
550-
5032-483100-2999
284-5032-483100-
2999 550-5032-
483100-
6019 272-
5032-483100-
6019 550-
5011-483100-
3035 272-
5032-483100-
6062 Measure
M-GMA3)Measure
M-SIP)
TSIP AreaB)
CTFP)Gas
Tax 2105)St. Joseph
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
3.11 Attorney Services Agreement with the Law Firm of Woodruff, Spradlin & Smart
for personnel legal services. (A2100.0 Agr-2886.V.
B)SUMMARY: The City Attorney's office utilizes the law firm of Woodruff,
Spradlin &Smart to assist it in providing legal services in connection with personnel, police
and general liability matters, The City currently has an agreement for fiscal year 2003-
04 and would like to enter into a new contract for the new fiscal year in the sum of$
75,000,ACTION: Approved and authorized the Mayor and City Clerk to execute
the proposed contract with Woodruff, Spradlin & Smart for a total sum of$
75,000,FISCAL IMP ACT: Sufficient funds are available in Legal Services Account
No.
100-0301-426111.3.12 Renewal of the Agreement between Berryman & Henigar, Inc. and
the City of Orange for Plan Checking services. (A21 00.
0 Agr-3100.C)SUMMARY: The City Council is requested to approve
a new Consultant Services Agreement between Berryman & Henigar and the City of
Orange for Fire Department Plan Review Services in an amount not to exceed $40,000.
The Fire Department is requesting the Consultant Agreement to provide for
continued Fire Department Plan Review Services. Plan Review fees paid for by the builder offset
the costs
for Plan Review services,ACTION: Approved and authorized the Mayor and City clerk
to execute a consultant services agreement on
behalf of the City,FISCAL IMP ACT: Funds have been budgeted for FY 04/05 in
the following accounts to
pay Berryman & Henigar, Inc,:100-3012-427800 - Other
Contractual Services - $35,000 100-3012-426700 - Other Professional and
Contractual Services - $5,000 3.13 Renewal of the agreement between Wittman Enterprises and the
City of Orange for EMT Transportation Program billing services. (
A2100.0 Agr-2599.C)SUMMARY: Wittman Enterprises is the current
contractor for Fire Department EMT Transportation Program billing, Their job is to collect
the fees and charges generated when Fire Department personnel treat and/or transport
citizens to the hospital. The contract between Wittman and the City of Orange is due to
expire August 31, 2004. The
Fire Department is recommending renewal.ACTION: Approved and authorized the Mayor and City
Clerk to execute a consultant services agreement
on behalf
of
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds have been budgeted in the following accounts to pay Wittman
Enterprises:
125-3015-426700 - Other Professional and Contractual Services - $90,000
100-3022-426700 - Other Professional and Contractual Services - $60,824
3.14 Professional Services Agreement between the City of Orange, Orange
Redevelopment Agency and Wallrich Landi Integrated Marketing Communications
for the design and printing of the Orange Progress City newsletter/Community
Services brochure for FY 2004-05. (A2100.0 Agr-4018.
A.1)SUMMARY: This agreement authorizes the consultant to design, oversee
printing, and coordinate delivery of the
Orange Progress,See Redevelopment Agency Minutes Item No,
3.5)ACTION: Approved agreement between the City of Orange,
Orange Redevelopment Agency and Wallrich Landi Integrated Marketing Communications for the
design and printing of four quarterly issues of the Orange Progress in an amount not
to exceed 100,411.50 and authorized the Mayor and City Clerk to execute the agreement
on behalf of
the City,FISCAL IMP ACT: Sufficient funding has been budgeted through the
following sources:General Fund: $63,100 (this amount includes $40,000 contribution
from
Waste Management)Acct. No. 100-0201-426600-7009 (
City Manager'
s Office-Publicity & Advertising-Orange
Progress)Redevelopment Agency: $37,311.50 Acct. No.
940-9800-
426600 (
Merged and Amended Project
Area-Publicity &Advertising-Orange Progress)BIDS REMOVED AND HEARD SEPARATELY)3.15 Reject all bids and
authorize the re-bid ofBid No.
034-30; CDBG Project -Eisenhower Park Renovations. (C2500.M.4.13)SUMMARY: The bids
were opened on April 8, 2004 and three formal bids were received for this
project that exceeded the project budget. After reducing the scope of work, staff is
recommending the rejection
of all
bids and
requesting
authorizationtore-bid
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Ambriz asked about the time frame for requesting new bids for the
Eisenhower Park project. He inquired when the improvements will be completed and
expressed concern that the concrete needs urgent attention,
Mr. Gabe Garcia, Community Services Manager, responded that the City will advertise
immediately, The bidding process requires approximately thirty to sixty days; and the
construction process will last approximately 120 days, Mr. Garcia explained that the City
scaled down this proj ect due to the high bids. The park concrete and pathways are the
first concern for this project.
MOTION - Ambriz SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz ACTION:
Rejected all bids;
and approved plans and specifications and authorize advertising for the Eisenhower
Park Improvements.FISCAL IMPACT: Funds exist
in the following accounts:510-7021-485100-0092 (
Eisenhower Park)310-
9645-485100-0092 (CDBG
Eisenhower Park)320-7021-485100-
0092 (
Eisenhower Park
Prop 12)
Total 11,
000 78,
840 392.260 482,100
3.16 CLAIMS (C3200.0)SUMMARY: The following c1aim(s) have been received
and investigated by theCity Attorney's Office and/or the Risk Manager, After
a thorough investigation with the involved departments, it is the recommendation of the City
Attorney's Office that
the c1aim(s) be denied,a, Southern California Edison (
incident date 2/5/04)b, Southern California Edison (
incident date 3/8/04)ACTION: Denied Claim(s) for damages and refer
to
City Attorney and Adjuster CONTRACTS 3.17 Contract Change Order No.1; Bid No.
023-40; Project No. SP-3097 Chapman Avenue Widening from Bitterbush
Street to Main Street. (A2100.0 Agr-4340)SUMMARY: This Contract Change
Order authorizes payment for extra work at agreed unit prices. The extra work mainly
consists of additional work added for the traffic interconnect conduit and water main
installation at various locations, The total cost
for this
change
orderis $174,
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved Contract Change Order No, I in the amount of $174,396.24 to RJ,
Noble Company for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
601-
8041-
484501-
8423284-5011-
483300-4038 Total
25,485,00
148.911.24
174,396,24
Water Capital Projects TSIP Area "B"3.18 Contract Change Order No.1 and Final;
Bid No. 034-09; CDBG Projects: Shaffer Street Storm Drain Improvements Phase
II from Culver Avenue to Palmyra Avenue D-148); and Shaffer
Street Storm Drain Improvements Phase III from Palmyra
Avenue to Almond Avenue (D-149). (A2100.0 Agr-4397)SUMMARY: Contract Change
Order No, 1 and Final authorizes payment for extra work at agreed prices, Thetotal amount
of Contract Change Order No. I is $38,400,00.ACTION: Approved Contract ChangeOrder No,
I and Final in the amount of $38,400.
00 to Mladen Grbavac Construction Company for the extra work.FISCAL IMPACT:
Funds are budgeted and are available in
the
Capital
Improvement Program FY 2003-04 in
the following accounts:310-9645-483400-
5380
310-9645-
483400-5326
CDBGShaffer
Storm Drain Phase II CDBG Shaffer Storm Drain Phase III Total 18,000 20.
400 38,400 3.19 Final Acceptance of Bid No. 034-09 -- Shaffer
Street Storm Drain Improvements Phase II from Culver Avenue to Palmyra
Avenue (D-148); and Shaffer Street Storm Drain Improvements Phase III from Palmyra
Avenue to
Almond Avenue (D-149)and authorization to file Notice of Completion with the
County Recorder (No staff report reauired).SUMMARY: Bid No, 034-09 -
Shaffer Street Storm Drain Improvements Phase II from Culver Avenue to
Palmyra Avenue (D-148); and Shaffer Street Storm Drain
Improvements Phase III from Palmyra Avenue to Almond Avenue (D-
149), Contractor:Mladen Grbavac Construction Company, Staff recommends acceptance of improvements,ACTION: Accepted public work
improvement, authorized release of Fidelity and Deposit Company of Maryland, Bond No,
8684699, in the amount
of $421,
720.00, and authorized the Mayor
and
City Clerk
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
3.20 Final Acceptance of Bid No. 034-24; SP-3455 - Glassell Street Reconstruction
from Mayfair Avenue to Collins Avenue and authorization to file Notice of
Completion with the County Recorder (No staff report
required).SUMMARY: Bid No. 034-24 - Glassell Street Reconstruction from Mayfair Avenue
to Collins Avenue, Contractor: RJ, Noble Company, Staff recommends acceptance
of
improvements,ACTION: Accepted public work improvement, authorized release of Travelers
Casualty and Surety Company of American of Connecticut, Bond No. 104239115, in the
amount of $328,433.05, and authorized the Mayor and City Clerk to execute the Notice
of
Completion.FISCAL IMP ACT:
None,
FEES 3.21 Approval of Emergency Transportation Fee changes. (C2500.J.1.0.
1)SUMMARY: Emergency Ground (transportation) Ambulance rates for Orange
are consistent with those approved by the Orange County Board of Supervisors,
The Supervisors approved new rates effective July I, 2004 and the City Council needs to
take a similar action approving rates for the City of
Orange,ACTION: Approved the rate schedule for emergency (transportation)
ambulance services adopted by the Orange County Board of Supervisors on May 11, 2004 with
an effective date of July I,
2004,FISCAL IMP ACT: The transportation fee changes will result in an approximate
increase of $130,314 in charges billed, However, due to Medicare and Medicare
HMO reimbursement limits, the City will not receive the entire amount in
revenue,
PURCHASES 3.22 Purchase of Fire Department uniforms and accessories from Gall's Uniform
Center through a cooperative purchasing agreement. (C2500.
H)SUMMARY: This is a request that the City Council authorize purchase of uniforms
and accessories from Gall's Uniform Center through a cooperative purchasing agreement
in the amount of $40,
000,ACTION: Authorized purchase of Fire Department safety clothing from Gall's
Uniform Center in the amount of $40,
000.FISCAL IMPACT: Sufficient funds are budgeted in the following account for FY 04/
05:100-3011-441300 (Uniforms and Other Clothing) - $
40,000
PAGE
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
3.23 Approve the purchase of medical supplies for Paramedic/Transport Program for
Fiscal Year 2004/05. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of medical
supplies through a cooperative purchasing agreement in the amount of $118,500,
ACTION: Authorized purchase of medical supplies from Bound Tree Medical, LLC. in
the amount of$118,500 for Fiscal Year 2004/05,
FISCAL IMP ACT: Funds are budgeted in the following accounts:
100-3022-445100 - Fire/Paramedic Medical Supplies - $73,500
125-3022-445100 - Fire/Paramedic Medical Supplies - $45,000
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
3.24 RESOLUTION NO. 9885 (C2500.M.4.20)
A Resolution of the City Council of the City of Orange supporting the Master Plan and
Design of the Gymnasium/Sports Center at the Grijalva Park Extension at Santiago
Creek,
Discussion
Councilmember Ambriz asked the Community Services Director to address the issue of
the park extension,
Mr. Gary Wann, Community Services Director, referred to an earlier Study Session
meeting with the City Council where the design phases for the Grijalva Park extension
were introduced, Mr. Wann noted the key feature in the meeting was a determination of
the location for a gymnasium/multi-use facility and future aquatic center. He
reported that the City wants to be competitive with a $2 million state grant for this
project.Councilmember Ambriz commented on the strength of the second portion ofthe
meeting presentation which revealed the vision of what the City will accomplish, He
suggested the presentation be provided on the City's new web site to show residents the
plan,MOTION - Ambriz
SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz
ACTION: Approved,PAGE
10 m, --
r
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 9886 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, calling and giving
notice of the holding of a General Municipal Election to be held on Tuesday, November
2, 2004 for the election of certain officers as required by the provisions of the laws of the
State of California relating to General Law cities,
ACTION: Approved,
3.26 RESOLUTION NO. 9887 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, requesting the Board
of Supervisors of the County of Orange to consolidate a General Municipal Election to be
held on November 2, 2004 with the Statewide General Election to be held on the date
pursuant to Section 10403 of the Elections Code.
ACTION: Approved,
3.27 RESOLUTION NO. 9888 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, adopting regulations
for candidates for elective office pertaining to Candidate's Statements submitted to the
voters at an election to be held on Tuesday, November 2, 2004,
ACTION: Approved
REMOVED AND HEARD SEPARATELY)
3.28 RESOLUTION NO. 9889 (EllOO.O)
A Resolution of the City Council of the City of Orange, California, providing for the
conduct of a special runoff election for elective offices in the event of a tie vote at any
Municipal Election,
Discussion
Councilmember Alvarez discussed a previous election which resulted in a vacancy being
created on the Council; and the need to prepare a policy in the event this happens again,
Mayor Murphy suggested the Council take action on this Resolution, which deals only
with a tie vote, but ask staff to return with alternatives in the event of a vacancy.
City Attorney David de Berry recommended that Council move forward with the present
resolution while staff prepare a separate proposal. He noted the current Council may
adopt a policy or resolution to formulate guidelines for election vacancies, but the
guidelines will not be binding on a future City Council.
PAGE 11
CITY COUNCIL MINUTES June 22, 2004
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy. Cavecche ABSENT - Coontz ACTION:
Approved,3.29
RESOLUTION NO.
9890 (C2500.K)A Resolution of the
City Council of the City of Orange expressing appreciation to Sergeant Roy Peterson of
the Orange Police Department and commending him for over twenty-one years of
loyal and dedicated service to the City of Orange.ACTION: Approved,MOTION -
Murphy SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy,
Cavecche ABSENT - Coontz Items 3,15, 3,
24 and 3.
28 were removed and heard separately, All other items on the Consent Calendar were approved as recommended,END
OF CONSENT CALENDAR 4. REPORTS FROM
MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS - None.6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.1 Report from the Directorof
Public Works on
the Chapman Avenue and Yorba Street Critical Intersection widening project; Capital Improvement Project No. 3023,
SP-3431; Mitigated Negative Declaration No. 1730-04 (NI200.0 Neg-
1730-04))SUMMARY: The Chapman Avenue and Yorba Street
Critical Intersection widening project will add an eastbound through lane on Chapman
Avenue from SR-55 to Malena Street.The City prepared Mitigated Negative Declaration (
MND) No. ENV 1730-04 to evaluate the potential environmental impacts of the
project.PAGE 12
CITY COUNCIL MINUTES June 22, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion
Director of Public Works Harry Thomas reported on a critical intersection project that involves
widening of Chapman Avenue at Yorba Street. The project will address issues on this heavily
traveled segment of Orange in order to reduce congestion. Mr. Thomas explained that the
project allows a third through lane on eastbound Chapman through the underpass, eliminating a
merge, The project will also improve the weaving section eastbound approaching Yorba. He
further announced that the City did receive grant funding for this project.
Mayor pro tem Cavecche inquired about the adequacy of parking at the nearby shopping center
and whether the proposal mitigated the parking issue,
Staff replied that the traffic study found a net loss of five parking spaces in the shopping center
parking lot; but that even with the reduction in parking spaces, the study justified that the center
provides plenty of parking.
Mayor pro tem Cavecche expressed concern over the weaving on that section of roadway and the
danger of making a right turn on Y orba.
Harry Thomas explained that the project will lengthen the weaving section about 100 feet and
one of the merges will be eliminated; and the project will allow higher capacity and less
congestion. He pointed out that the weaving pattern is not generating many accidents at that
location, since often drivers show more care in situations requiring special attention,
Councilmember Alvarez inquired about how the road widening will affect the old dump site
located under Y orba Park.
Harry Thomas explained that the project will extend the slope onto the park area, but that the
area on top of the landfill will require more maintenance since settlement levels will likely
surpass normal expectations.
Councilmember Ambriz noted the deed restriction on Yorba Park has been lifted, and asked if
this project considered a possible change in use at Yorba Park to a commercial use in the future.
Harry Thomas replied that the project was based on the current use; but that a change in use
would probably not impact the project.
Mary Dargatz, 2534 East Burly, expressed concern on the speed of drivers exiting the off ramp
at East Chapman and suggested the installation of devices to slow that traffic, She also asked
about the contaminated ground water under the Mobil station,
Alice Angus, Community Development Director, replied that the State Water Resources Board
typically examines situations related to contaminated water; and the State Water Resources
Board was sent a copy of this Negative Dec.
PAGE 13
CITY COUNCIL MINUTES June 22, 2004
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Alvarez expressed concern that a methane plume and a contaminated water
plume exist in the immediate area,
Ms, Angus reported they would investigate this issue further and report back to Council.
Mayor pro tem Cavecche noted that she receives many complaints regarding the freeway off
ramp; and requested staff explore this problem,
Harry Thomas commented that changes at that location would require Cal Trans approval; and
staff will talk with Cal Trans about this problem at their next meeting with them,
Councilmember Ambriz requested staff talk with Ms, Dargatz regarding her suggestion,
RESOLUTION NO. 9882
A Resolution of the City Council of the City of Orange approving Preliminary Plans for the
Chapman Avenue and Yorba Street Intersection Widening and making certain findings in
connection therewith,
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz Moved
to approve Resolution
No, 9882,8. REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS 9.1
ORDINANCE NO. 12-
04 (SECOND READING) (A2S00.0 Ord-12-04)An Ordinance
of the City Council of the City of Orange amending the Amended and Restated Redevelopment Plan
for the Orange Merged and Amended Redevelopment Project Area to extend certain
time limitations.MOTION - Cavecche
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor
Murphy, Cavecche ABSENT - Coontz Moved that Ordinance
No, 12-04
be read by title only and same was approved and adopted by the preceding vote.PAGE 14
CITY COUNCIL MINUTES June 22, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:45 p,m. to a Closed Session for the following purposes:
a. Public Employee Appointment pursuant to Government Code Section 54957
Title: Police Chief
b, Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956,9(a):I)
City of Orange v. UltraMar, Inc, et a!., Orange County Superior Court Case No,
02CC03241 c,
To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session,7:
00 P.M. SESSION 12.
PUBLIC COMMENTS - None.13. PUBLIC
HEARINGS 13.1
LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF ANNUAL ASSESSMENTS,
CITY OF ORANGE (SHADOW RIDGE) (L1200.0 LMD-82-
1)Time set for public hearing on the levy of annual assessments for costs of maintenance
and improvements for Landscape Maintenance District No, 82-1, which is located westerly
of Meats Avenue in the vicinity of Marywood and Shadow
Ridge Streets,The City Clerk announced that notice was given in the manner and form as required by
law and a Certificate of Compliance is on file and open
for inspection,Mr. Harry Thomas, Public Works Director, reported the proposed assessments of $
483 per lot/year for Lots 1 thru 10 and $105 per lot/year for Lots 11 thru 56 are unchanged
from fiscal year
2003-04 assessments,No protests
had been received.MAYOR MURPHY OPENED
THE PUBLIC HEARING There
were no
CITY COUNCIL MINUTES June 22, 2004
13. PUBLIC HEARINGS (Continued)
THE PUBLIC HEARING WAS CLOSED,
Council Action:
RESOLUTION NO. 9879
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the Levy of the Annual Assessment for Special Maintenance District 82-
1.MOTION - Cavecche
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz
Moved to approve
Resolution No, 9879,13.2 LANDSCAPE
MAINTENANCE DISTRICT 86-2, LEVY OF ANNUAL ASSESSMENTS, CITY
OF ORANGE (SANTIAGO HILLS) (L1200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No, 86-2, which is located within the
Upper Peters Canyon Specific Plan Area (Santiago
Hills),The City Clerk announced that notice was given in the manner and form as required by law
and a Certificate of Compliance is on file and open for
inspection,Mr, Harry Thomas, Public Works Director, reported the proposed assessments of $300 for
a single family detached unit and $180 for a single family attached unit is the same amount as
last year. Another increase is not anticipated until FY
2005-06,No protests had
been received.MAYOR MURPHY OPENED THE
PUBLIC HEARING There were
no speakers,THE PUBLIC HEARING
WAS CLOSED,
Council Discussion Councilmember Alvarez noted that not one resident of Santiago Hills was present
for
this hearing.
CITY COUNCIL MINUTES June 22, 2004
13. PUBLIC HEARINGS (Continued)
Councilmember Alvarez asked if there can be an assessment increase and if a cap exists for the
total a City can assess?
Harry Thomas reported that the cap lies 18% above the current level, approximately $360 for a
single home and $220 for an attached home.
Councilmember Alvarez inquired about the life span of this district.
Harry Thomas noted the District requires an annual renewal, but can be voted out by an initiative
measure,
For the record, Councilmember Alvarez stated that the difference between what was set and what
can be done is 18%; and there wasn't one resident in the Chambers from Santiago Hills or any
notification received from any of the residents in Santiago Hills; so with the potential to raise
the assessment 18%, the residents can not complain since they did not participate,
Harry Thomas noted that notices will be sent in the future for any increases,
Mayor pro tem Cavecche asked if a policy determines whether the City exhausts the stabilization
fund to zero or reduces it a little year by year.
Harry Thomas explained the City can balance current revenues and expenditures within the
current ceiling. In future years, that ceiling will have to be exceeded, which would require a
mail-ballot election in addition to a public hearing; but staff does not anticipate an election for
at least two years, In that case, the City would pay a third party consultant to hold an
election,Mayor pro tem Cavecche pointed out the expenses involved for an election consultant.
She inquired that if the City does not levy the assessment, would the Homeowners maintain
the
landscaping.Harry Thomas replied that the City maintains easements for open space areas, In that
situation,the City would need to vacate the easements with property reverting to the Homeowners, as
there is not a master
Association,Council
Action:RESOLUTION NO.
9880 A Resolution of the City Council of the City of Orange confirming the Diagram and
Assessment and providing for the Levy of the Annual Assessment for Special Maintenance District
86-2.MOTION -
Cavecche SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Cavecche ABSENT -
Coontz Moved to
approve Resolution No. 9880.PAGE 17
CITY COUNCIL MINUTES June 22, 2004
13. PUBLIC HEARINGS (Continued)
13.3 LANDSCAPE MAINTENANCE DISTRICT 94-1, LEVY OF
ANNUAL ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING) (L1200.0
LMD-94-1)Time set for public hearing on the levy of annual assessments for costs
of maintenance and improvements for Landscape Maintenance District No, 94-1, which is
located in
the Sycamore Crossing Tract.The City Clerk announced that notice was given in the manner and form as
required by law and a Certificate of Compliance is on file
and open for inspection,Mr. Harry Thomas, Public Works Director, reported the 124 units in the interior
of the tract will pay $100 per year; the 36 units adjacent to he landscape improvement will
pay $102 per year.The senior citizens housing site will pay $204 per year. The two
lots within the District boundary owned by the City of Orange are no longer exempt and the larger lot
will pay $40 per year and the smaller lot will
pay $20 per year,No
protests had been received.MAYOR MURPHY
OPENED THE PUBLIC HEARING
There were no speakers.THE
PUBLIC HEARING
WAS CLOSED.Council
Action:RESOLUTION NO. 9881 A Resolution of the City Council of the City of Orange confirming
the Diagram and Assessment and providing for the Levy of the Annual Assessment for
Special Maintenance District
94-1,MOTION -
Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor
Murphy, Cavecche ABSENT -
Coontz Moved to approve Resolution No,
9881.PAGE
18
T'-
CITY COUNCIL MINUTES June 22, 2004
13. PUBLIC HEARINGS (Continued)
13.4 APPEAL NO. 496-04 - ENAYAT FAZELI, 4105 WEST CHAPMAN AVENUE.
A4000.0 APP-
496-04)Time set for public hearing to consider an appeal of the Planning Commission's
denial of Conditional Use Permit No, 2439 to allow off-premise sale of beer and wine for
an existing gas station/mini-mart located at
4105 West Chapman
Avenue,Reason for Appeal:I, Consideration of crime statistics from
City of Garden Grove 2. Consideration of police
calls to subject site,3, Consideration of security
measures of proposed site,4, Consideration of public convenience
for beer and wine,NOTE: A letter dated June 10,2004 was received from Jeff Farano, Attorney
at Law, on behalf of the appellant, requesting a
continuance of this item,Councilmember Alvarez asked for clarification on why the
Appellant requested a continuance.Mr, Enayat Fazeli, Appellant, explained additional time was needed
to verify statistics, both from citizens and the Police Department, presented at or
since
the Planning Commission meeting,Mayor pro tem Cavecche asked about the receipt of two
letters requesting the continuance.Both letters, though dated June 10th, were received much later; and asked if
the City alerted the applicant that simply requesting a continuance does
not guarantee a continuance.Alice Angus clarified that the letters were received at a later date, even
though they were dated June 10th, The applicant had been informed that the City Council makes
the
final decision on continuances,Mayor pro tem Cavecche stared she was ready to hear the issue at that time, and
did not see the
need for a continuance,Mayor Murphy noted that if the item is continued, the appellant could
pay any costs associated
with readvertising the hearing.Appellant agreed to pay the
additional cost
for renoticing,
CITY COUNCIL MINUTES June 22, 2004
13. PUBLIC HEARINGS (Continued)
MOTION - Cavecche SECOND -
Alvarez AYES - Cavecche
NOES - Ambriz, Alvarez,
Murphy ABSENT - Coontz Moved to
deny the request
for a continuance and hear the matter at this time,MOTION FAILED,Councilmember Alvarez explained
he had
seconded the motion for discussion purposes only; but was satisfied with the appellant'
s reasons for a continuance,MOTION - Murphy SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor
Murphy NOES - Cavecche
ABSENT - Coontz Moved to continue to
July 13, 2004
and appellant to
pay for any costs associated with readvertising or rehearing the matter.MOTION CARRIED 14. PLANNING AND
ENVIRONMENT 14.1 Study of
the 300-
400 blocks of South
Grand Street. (C2500.G.2.0)In response to concerns expressed by residents of the
300-400 blocks of South Grand Street regarding the impact of new development, and direction
from the City Council to evaluate the floor area ratio (FAR) standard and other methods
to protect the historic integrity of the area,staff has compiled a packet of recommendations and
options to address site development issues,and also explored the potential implications of rezoning
the area from R2 to Rl,Public Comments Mayor Murphy asked speakers to speak
to the
issue of the building and design guidelines; zoning preference; and whether to deal with South Grand
Street as a separate issue or incorporate it as part of the General Plan update,PAGE 20
r
CITY COUNCIL MINUTES June 22, 2004
14. PLANNING AND ENVIRONMENT (Continued)
The following spoke in favor of an R-l zone and moving it ahead as a separate issue and
not waiting for the General Plan
update,Anne Siebert, 340 S, Olive; also spoke in favor ofthe Design
standards,Angie Rust, 493 S,
Grand Annalisa Goode, 438 S,
Grand Edith Reed, 368 S,
Grand Barbara Frey, 405 S,
Grand Janet Crenshaw, 464 N,
Shaffer Sandi Wilcox, 458-460 S, Grand; also spoke in favor of
Design standards Mary Matuzak, 340
S. Grand Karen Higgins, 400 block of
North Shaffer Gloria Suess, representing 391 S, Grand, asked about financial repercussions if the area
were re-zoned
to R-I Christina Gallant, 383 S, Grand, spoke in opposition to
an R-
I zone,Council Discussion Councilmember Alvarez stated he would like to see a quick resolution
of rezoning for Grand Street. He pointed out that bulk and mass always exists as an
issue. He commended Community Development staff on the design guidelines. He sought to expedite the
process of rezoning for Grand Street as a test case that might expand to the
rest of Old Towne,Mayor pro tem Cavecche pointed out that residents can still build an
accessory unit with RI zoning; and a current assembly bill would restrict the city's ability to
place restrictions on units,She pointed out that many insurance brokers do not even inquire
about zoning for insurance purposes. She concurred with the design guidelines and suggested a hearing
on the zoning issue as soon as possible, She commended staff
on the design guidelines,Councilmember Ambriz expressed frustration that this issue has dragged on
for years, He noted that people move downtown for a reason ' to enjoy the charm
of the environment. He commended staff's research on the project and suggested a
financial feasibility study examine the effect on residents purchasing under R2, if it were to be rezoned R 1.
He concurred with a hearing on the zoning issue
as soon as possible,Mayor Murphy recommended Council incorporate the new development standards
for all of Old Towne and handle the Grand
Street zoning
CITY COUNCIL MINUTES June 22, 2004
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Murphy SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz Direct
staff to prepare
an amendment to the Old Towne Design Standards to incorporate new standards developed as the
Grand Street Analysis Packet for all of Old Towne; and direct staff to initiate consideration of re-
zoning the 300 and 400 blocks of South Grand Street, as quickly as possible,15. ADJOURNMENT
The
City Council
adjourned at 8:40 p,m, in memory of Bob Bennyhoff, The next Regular Council Meeting will
be held July 13, 2004,t;CITY CLERK
c.-
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22