HomeMy WebLinkAbout8_26_2003 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 26, 2003
The City Council of the City of Orange, California convened on August 26, 2003 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 Pastor Dan Dunkerley, President, Released Time Christian Education
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Ambriz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation honoring
Released Time Christian Education, Fifty Years of Service to Orange Youth -
was presented to Pastor Dan Dunkerley, President and Valerie Via,Orange Program Director.
Resolution No. 9753
was presented to Richard Yarger, expressing appreciation for 25 years of dedicated
service on the City Traffic Commission.Employee Service Awards -
No Service Awards were presented.RESOLUTION NO. 9769 A
Resolution of the
City Council of the City of Orange expressing appreciation to Diane Matthews of the Finance
Department and commending her for over twenty-eight years of loyal and dedicated
service.MOTION - Cavecche SECOND -
Murphy AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to adopt Resolution No. 9769.
Resolution No. 9769 was presented to
Diane Matthews.PAGE 1
CITY COUNCIL MINUTES August 26, 2003
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Murphy announced the last concert of the concert in the park series this
Wednesday featuring the band Sideswipe.
2. PUBLIC COMMENTS - None.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, Cassandra J. Cathcart, declaring posting of the City Council
Agenda of a Regular Meeting of Angust 26, 2003 at Orange Civic Center City
Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police Facility
at 1107 Nortb Batavia, Shaffer Park and available on the City's Website www.
cityoforange.org; all of said locations being in the City of Orange and freely accessible
to members of the public at least 72 hours before commencement of said regular
meeting.ACTION:
Accepted Declaration of Agenda Posting and authorized its retention as a public
record in the Office of the City Clerk.3.
2 Request Council Confirmation of warrant registers dated August 5, 7, 14, 2003.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Regular Meeting August 12, 2003.ACTION:
Approved.3.
4Consideration to waive reading in full of all ordinances on the Agenda.ACTION:
Approved.3.
5 Receive and file the City Treasurer's Report for the period ending July 31, 2003.ACTION:
Received and Filed.PAGE
2
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Agreement No. 3217.B with VisionAIR, Inc., Amendment No.2. (A2100.0 AGR-3217.B.
2)SUMMARY: The City and VisionAIR, Inc. have entered into Agreement No. 3217.B
to provide maintenance and upgrades to the Police Department's mobile data
computers,computer-aided dispatch and records management system (CAD/RMS).
Amendment No.2 is for the purchase of four additional mobile licenses and maintenance/
upgrades. The Amendment increases the total compensation by $5,801.26 to a not-
to-exceedamount
of 83,336.31.ACTION: Approved Amendment No.2 to Agreement No. 3217.
B and authorized the Mayor and City Clerk to execute on behalf of the City.
Note: Mayor Murphy abstained on this item due to a possible
conflict based on employment.FISCAL IMP ACT: Funds are budgeted for fiscal year 2003-
2004 in account number 100-4011-427800 (
Administration-Other Contractual Services) for this purpose.3.7 Approve the purchase of a Public
Utility Billing Software (PUBS) upgrade from N.Harris Computer Corporation in the
amount of $162,795. (A2100.0 AGR-4345)SUMMARY: The Utility Division of
the Finance Department has been using the current utility billing
software from Creative Computer Solutions (CCS) since 1998.Subsequently CCS was
purchased by N. Harris Computer Corporation ("Harris"). Harris has a significant upgrade to our
current CCS utility billing software solution that will expedite billing
and provide additional functionality including on-line bill presentment review), on-line bill payment,
and on-line
service order capabilities for all of the utility customers in Orange.
ACTION: Approved the agreement for the acquisition and supply of customer information
system software, hardware and related professional services in the amount of 162,795 with
N. Harris Computer Corporation and authorized the Mayor and City Clerk to execute agreement on
behalf of the City. Note: Mayor Murphy abstained
on this item due to a possible conflict based on employment.FISCAL IMP
ACT:
Funds for
this software
upgrade are
available in
the following
accounts:10,
000
75,
048
10,
625
63,183 40.000 198,856
220-1601-426700-8490 220-
1601-449103-8490 600-1601-426700-
8490 600-1601-449103-8490
600-1222-426700 Sanitation Fund - Other
Professional Services
Sanitation Fund -
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
3.8 Joining the California Public Entity Insurance Authority (CPEIA) Excess Workers'
Compensation Program to increase the City's Workers' Compensation excess
insurance limits; Executing the CPEIA Insurance Pool Agreement and MOU;
Workers' Compensation Excess Insurance Budget Appropriations (A2100.0 AGR-
4346)
SUMMARY: By joining the California Public Entity Insurance Authority (CPEIA)
Excess Workers' Compensation Program, the City is able to obtain an additional layer of
worker's compensation excess insurance coverage, therefore, reducing financial liability
and protect the City's assets. In order to join the CPEIA, the JPA's Insurance Pool
Agreement and MOU must be signed. Also, the appropriation of $63,000 is being
requested for the FY 03/04 budget to pay for an excess Worker's Compensation
Insurance policy for FY 03/04
ACTION: Joined the CPEIA Workers' Compensation Program and authorized the
Mayor and City Clerk to execute the JPA insurance pool agreement and MOU; and
appropriated $63,000 from Fund 730 (Workers' Compensation) to account 730-
1412-432400 (Excess Insurance Premiums) for FY 03/
04.FISCAL IMPACT: Adequate funds are available in Fund 730 to cover
the
appropriations.3.9 State of California Office of Traffic Safety (OTS) California Seat Belt
Compliance Campaign (CSBCC). (A2100.0
AGR-4344)SUMMARY: The OTS has authorized a reimbursable grant award in an
amount not-to-exceed $21,055. There is not a cash match requirement. The goal of the
CSBCC is to increase seat belt use statewide to 94% by June 2004. Through the
combined efforts of state and local law enforcement, a seat belt enforcement campaign will
be conducted for a fourteen (14) day period in November in support ofthe
Buckle-Up America/Operation ABC National Mobilizations. Funds provided by this mini-grant
will be used to cover overtime costs associated with seat belt enforcement
activities
during the two-week grant period.ACTION: 1) Appropriated $21,055 from the General
Fund, into the Traffic Program for the OTS grant
as follows: 100-4041-412101-2248 $21,055 Overtime-Safety 2) Amended the FY 2003-
04 Revenue Budget in the General Fund in the amount of 21,055
to reflect the receipt of the amount of the OTS grant.FISCAL IMP ACT:
Because the City of Orange was approved for a reimbursable grant award in the amount of $21,
055 through the OTS CSBCC funds, there will be no fiscal impact to the
General Fund. After appropriation, funds will be available in the Traffic
Program budget for the
OTS grant
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Governor's Office of Criminal Justice Planning (OCJP) Juvenile Accountability
Incentive Block Grant (JAIBG). (C2500.K)
SUMMARY: The OCJP has authorized a reimbursable grant award in the amount of
25,561 with a cash match requirement of$2,840. The funds are earmarked for the
Orange Police Department Gang Enforcement/Target Unit Program, an information-
sharing system for law enforcement agencies, judicial courts, schools and intervention
services. The Program vision is to identify, isolate, control, educate, prosecute, and treat
juveniles who repeatedly commit serious delinquent or criminal acts. The grant will
cover operating costs, equipment purchases, materials and supplies such as books, tapes
and printing of pamphlets, and a video/audio surveillance system.
ACTION:
1. Appropriated $25,561 from the General Fund, into the Gangs Program for the JAIBG
Grant as follows:
100-
4032-
441600-2242
100-4032-
471301-2242
4,
561 21,000 Materials & Supplies Equipment 2. Appropriated $2,840 from Federal Asset Forfeiture
Funds, into the Gangs Program for the
JAIBG Grant cash
match as follows:
355-4032-
441101-2242 $
1,401 355-4032-441600-2242 $1,439 Office Supplies Materials & Supplies 3. Amended the
FY 2003-04 Revenue Budget in the General Fund in the amount of
25,561 to reflect the receipt of the amount of the OCJP Grant.
FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant award in the amount
of $25,561 through the OCJP JAffiG funds, there will be no fiscal impact
to the General Fund. Unreserved fund balance is available in the Federal Asset Forfeiture
account to fund the $2,840 cash match. After appropriation, funds will be available in
the Gangs Program budget for
the JAffiG grant and
cash matchas follows:100-
4032-441600-2242 $ 4,561
Materials &
Supplies 100-4032-471301-2242 $21,000 Equipment 355-4032-441101-2242 $ 1,401
Office Supplies 355-4032-441600-2242 $ 1,439 Materials & Supplies BIDS 3.
11 Final Acceptance
of Bid
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid No. 023-18 - Asphalt Replacement at Wanda/Collins Facility.
Contractor: Hardy and Harper. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of St. Paul Guardian,
Bond No. SS3638, in the amount of $58,884.00, and authorized the Mayor and City
Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.12 Award of Bid to Ford of Orange for the Purchase of one (1) 2003 Ford Explorer.
C2500.M)
SUMMARY: Purchase one (I) 2003 Ford Explorer from Ford of Orange in the amount of
21,655.60 to replace a Ford Explorer that was totaled due to a fire in the engine
compartment.
ACTION: I) Appropriated the sum of $21,655.60 from the Unappropriated Fund
Reserves in fund 720 Motor Vehicle Replacement to 720-5023-472102
Motor Vehicle Replacement; and 2) Awarded a bid to Ford of Orange and authorized the
City's Purchasing Officer to purchase one 2003 Ford Explorer in the amount of $21,
655.60.Note: Mayor Murphy abstained on this item due to a possible conflict
based
on employment.FISCAL IMPACT: $21,655.60 will be appropriated from the
Unappropriated Fund Reserves in fund 720 Motor Vehicle Replacement to 720-
5023-
472102 Motor Vehicle Replacement.3.13 Bid No. 034-12. Approve plans and specifications
and authorize advertising bids for citywide striping
and pavement markings. (C2500.M)SUMMARY: The project invites competitive bids
for providing citywide
striping and pavement marking services.ACTION: Approved plans and specifications and
authorized advertising Bid No. 034-12 for the installation of traffic striping,
pavement
markings and raised pavement markers citywide.FISCAL IMPACT: $87,000.00 has been budgeted in
the FY 2003-04 budget
in the Contractual Services Account No. 273-5032-427100.3.14 Approval of plans and
specifications and authorization to advertise
for bids - Fire Headquarters Emergency Generator. (C2500.M)SUMMARY: Plans and
specifications have been completed for the site location,installation and seismic anchoring
of a new emergency generator at Fire Headquarters.The plans have been reviewed and
approved by the Fire Department and the Community Development
Department. The
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertisement for bids for a
new emergency generator at Fire Headquarters.
FISCAL IMPACT: Funds in the amount of $103,200 are available in account number
120-5028-481301-9824 (Fire
Headquarters Emergency Generator).3.15
CLAIMS (C3200.0)SUMMARY: The following claim(s) have been received and investigated
by the City 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 claim(
s) be denied.a.
Joe G. Lopez
b. Lisa VanWagner ACTION: Denied Claim(s) for damages and referred to City
Attorney
and Adjuster.CONTRACTS 3.16 Mills Act Contract No. MAC-99.0-
03, (Historic Property
Preservation Agreements).A2100.0 AGR-4347)SUMMARY: A proposal to approve Mills
Act Contract for a historic, single-family residence located within the
Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and
maintenance to be performed by the owner for the (minimum 10 year) term of this contract
totals $
42,720. Location: 535 S. Orange Street.ACTION: Approved a
Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the
property owner, (application No. MAC-99.0-03), for the preservation, restoration
and/or rehabilitation of a qualified historic
property in exchange for a reduced property tax assessment.FISCAL IMPACT: The estimated property
tax
loss to the city is approximately $292 per year.3.17 Mills
Act Contract No.
MAC-I00.0I-03, (Historic Property Preservation Agreements).A2100.0 AGR-4348)
SUMMARY: A proposal to approve Mills Act Contract for a historic,
single-family residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the minimum 10
year) term of this contract totals $53,200. Location: 182
N. Shaffer Street.ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $390 per
year.
3.18 Mills Act Contract No. MAC-I01.0I-03, (Historic Property
Preservation Agreements).A21 00.
0 AGR-4349)SUMMARY: A proposal to approve Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the minimum 10 year) term of this contract total $34,745. Location:
371 S. Orange Street.ACTION: Approved a Mills Act Contract (
Historic Property Preservation Agreement)between the City of Orange and the property owner, (
application No. MAC-I01.0l-03),for the preservation, restoration and/or rehabilitation
of a qualified historic property in exchange
for a reduced property tax assessment.FISCAL IMPACT: The estimated property tax loss to
the
city
is approximately $192 per year.DONATIONS 3.19 Donation by the Police Department of
surplus silent alarm system. (C2500.K)SUMMARY: The Police Department has a
surplus Varda Silent AIm System that cannot be operated due to the radio frequency
change from 400Mhz to 800Mhz. The Department would like to donate the system
to the Pasadena Unified School District Police Department,
which still uses the 400Mhz frequency.ACTION: Authorized the donation of
the following Varda Silent Aim System components to the Pasadena Unified School
District Police Department: four (4) model S406Dalms; one (1) model #SR-C707L
UHF/FM transmitter; one (1) model #3-5009B recorder; two (2) power connectors;
five (5) antennas;
and one (1) model #
057929921
tuning meter.FISCAL IMP ACT: None.RESOLUTIONS
3.20 RESOLUTION NO. 9765 (C2500.K)A Resolution of the City Council of the
City of Orange concerning the purpose of obtaining federal financial assistance under
the Governor's Office of Criminal Justice Planning (OCJP)
Juvenile Accountability
Incentive Block
CITY COUNCIL MINUTES August 26, 2003
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.21 Quitclaim of a Fire Access Easement at 1460 N. Main Street. (D4000.0)
SUMMARY: This existing easement is encumbered by a structure and will be
quitclaimed with a new access easement recorded in its place.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Theodore H. Smyth, et. a!., Trustee for a fire access easement located at 1460 N. Main
Street.
FISCAL IMP ACT: A $700.00 deposit has been collected to cover processing fees.
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Mayor Murphy abstained
on Items 3.6, 3.7 and 3.12. 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 Economic
Development Director regarding a Resolution of the City of Orange approving the issuance by
the Orange Redevelopment Agency of its Orange Merged and Amended Redevelopment Project Area
2003 Tax Allocation Refunding Bonds.R3500.0)SUMMARY: Due to a
drop in
bond interest rates, the Agency staff is recommending to refund the outstanding Tax Allocation Bonds sold
for the Northwest and Southwest Redevelopment Project Areas. This refunding will result
in lower annual debt service payments and provide for a substantial net present value savings
over the life of the bonds.See Redevelopment Agency Minutes Item No.
7.1)Rick Otto, Sr. Housing Manager, provided
a report.PAGE 9
CITY COUNCIL MINUTES August 26, 2003
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9767
A Resolution of the City Council of the City of Orange approving the issuance by the Orange
Redevelopment Agency of its Orange Merged and Amended Redevelopment Project 2003 Tax
Allocation Refunding Bonds
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved.FISCAL
IMPACT: The
proposed Orange Merged and Amended Project Area 2003 Tax Allocation Refunding Bonds,
Series A and Series B would refund the existing 1993 Southwest Tax Allocation Bonds
and the 1993 Northwest Tax Allocation Bonds. By refunding the bonds,the Agency would
not be extending the maturity dates. The total amount of the bond issue will not exceed $65,
000,000, with a projected net present value savings of approximately $3,070,000 over the remaining
lives of the bonds based on bond market conditions as of August 15,2003.This amount reflects
recent increases in interest rates that have eroded a portion of the anticipated savings that
was noted in the July 22,2003 Staff Report.8. REPORTS FROM
CITY MANAGER - None.9.LEGAL AFFAIRS TAPE
700 9.1 ORDINANCE NO.
4-03 (SECOND READING) (A2S00.0 Amusement)An Ordinance of
the City Council of the City of Orange amending Sections 17.04, 17.10 and 17.18 of
the Orange Municipal Code regulating Amusement Arcades.MOTION - Cavecche SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved that Ordinance No. 4-03
be read by title only and same was approved and adopted by the preceding vote.9.2 ORDINANCE
NO. 16-
03 (SECOND READING) (A2S00.0 Speed Limits)An Ordinance of the
City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 of the
Orange Municipal Code pertaining to speed limits.Councilmember Coontz abstained on
this item because her home is in close proximity to the subject streets; and left
the dais.PAGE 10
CITY COUNCIL MINUTES August 26, 2003
9. LEGAL AFFAIRS (Continued)
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Cavecche ABSENT - Coontz Moved
that Ordinance No.
16-03 be read by title only and same was approved and adopted by the preceding vote.
Note: Councilmember Coontz
returned to the dais.9.3 ORDINANCE
NO. 17-03 (FIRST READING) (A2500.0 Water)An Ordinance
of the City Council of the City of Orange amending Section 13.08.010 of Title 13 of the
Orange Municipal Code relating to Water Deposits and Account Establishment Fees.MOTION - Coontz
SECOND - Alvarez AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 17-
03 was read by title only and same was set for second reading by the preceding vote.10.
RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed
at 5: I 0 p.m. to a Closed Session for the following purposes:a. Conference with Real
Property Negotiators pursuant to Government Code Section 54956.8 1) Property: Various segments
of Tustin Branch Trail City Negotiator: David Rudat,
Gary Wann, Harry Thomas Negotiating Parties: City of
Orange and Union Pacific Railroad Under Negotiation: Price and
terms of payment, if any 2) Property: Edwards House,
230 East Chapman Avenue City Negotiator: Nora Jacob
Negotiating Parties: City and
three potential buyers Under Negotiation: Price, terms
of payment and relocation.b. 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 11
CITY COUNCIL MINUTES August 26, 2003
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Adrienne Gladson, 3403 E. Lambeth Court, extended an invitation to Kidfest, sponsored by the
YWCA, during the International Street Fair over the Labor Day weekend; and distributed fliers
and newsletters.
Mayor Murphy announced the International Street Fair will take place over the Labor Day
weekend at the Plaza in Downtown Orange.
13. PUBLIC HEARINGS
13.1 FINAL CONCEPTUAL MASTER PLAN OF YORBA PARK (NI200.0 Neg Dee
1674-
01)Time set for public hearing to consider a Final Conceptual Master Plan ofYorba Park. The
Final Conceptual Master Plan includes two lighted softball fields, a 2 acre dog park, a 2.2 acre
passive area with tot-lot and picnic tables, a 900 square foot restroom building, parking lot
for 147 parking spaces, picnic tables, walkways and landscaping. Yorba Park is located at
the southwest comer ofYorba Street and Chapman Avenue and is approximately 8.
5 acres.FISCAL IMPACT: No funds have been identified for any park improvements at
Yorba Park.Should the City Council approve any or all of the park improvements associated with
the Final Conceptual Master Plan for Y orba Park, the City Council would need an
additional appropriation from an undetermined fund to pay for the park improvements. The Dog Association
has raised limited funds to assist the City in any improvements associated with the dog
park component.The cost impact may range from a minimum of$65,000 to a maximum of$I.
9 million.Note: Mitigated Negative Declaration No. 1674-01 has been prepared for
the
proposed park
improvements.Staff Report Gary Wann, Community Services Director, reported the Park
Planning and Development Commission, at it's December 12, 2002 meeting, recommended not to
approve the Final Conceptual Master Plan for Y orba Park. The Commission expressed concern
about the proposed site plan and it's priority among existing and future projects and funding for
any existing and future improvements at the site. He reported the park has remained un-
used and closed since 1998 when the City received notice from the County to mitigate
the potential migration of methane
gas on the property.Mr. Wann reviewed some of the community's concerns, especially
the concern over the consistency with the Master Plan of Park Facilities, Recreation
and Community Services. Staff has responded to this issue by reiterating that the Master Plan's definition
of park types provides a list of typical facilities for each park category but is not intended to
explicitly list all potential recreational amenities that are possible since the needs of a
community change
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
The following alternatives have been provided by staff:
Alternative One 1) Not approve Mitigated Negative Declaration No. 1674-01 and not
to approve the Final Conceptual Master Plan for Yorba Park; and 2) Direct the Park Planning
and Development Commission to evaluate the short and long term uses ofYorba
Park.Alternative Two: 1) Approve Mitigated Negative Declaration No. 1674-01 and
approve the Final Conceptual Master Plan for Yorba Park, but no implementation of any
park improvements as part of the Master Plan; and 2) Direct the Park Planning and Development
Commission to evaluate the short and long term uses
ofYorba Park.Alternative Three: I) Approve Mitigated Negative Declaration No. 1674-01
and approve the Final Conceptual Master Plan for Yorba Park; 2) Direct the Park
Planning and Development Commission within sixty days to prepare a report to the City
Council recommending proposed improvements, costs and funding to develop a Dog Park on either a
temporary or permanent basis; and 3) If a dog park is developed on a temporary basis, direct the
Park Planning and Development Commission to evaluate potential sites for a permanent Dog Park and
the long term uses of
Y orba Park.Council
Ouestions TAPE 1210 Mayor pro tern Cavecche asked about the process for this conceptual plan and
if it
followed normal procedures.Mr. Wann explained the City receives numerous requests for park amenities, and
the request for a dog park originally came as a very informal request but picked up a
lot of momentum.Councilmember Coontz asked about the other sites that were looked at for a
potential dog park;and asked for a status on the widening
of Chapman Avenue.Mr. Wann stated staff looked at various sites for a potential dog park site,
including the EI Modena Basin, Hart Park and the City's Corporation Yard, but there were problems
with each
of the sites.Mr. Roger Hohnbaum, Assistant City Engineer, reported the City is
currently working on preliminary plans for the Chapman Avenue widening and they expect it to
be underway
early next year.Councilmember Alvarez asked about the status of the
methane gas monitoring.Mr. Wann reported the gas levels have been below the 5% acceptable threshold for
months and it appears it is now
at acceptable
levels.
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Cavecche asked about the watering requirements for the park and possible
problems with overwatering.
Alice Angus, Community Development Director, stated in terms of mitigation, it would only
come into effect if the project is approved. She also noted the property is zoned Open Space
Parks.
MAYOR MURPHY OPENED THE PUBLIC HEARING TAPE 1500
The following people spoke in favor of a dog park at Yorba Park. Their comments included:
this is a much needed recreational area for the citizens of Orange; there have been fundraising
and educational efforts through the Orange Dog Park Association; the Dog Park Association has
raised approximately $20,000 toward this park; the amount of overall park space can
accommodate a small area for dogs; the methane gas has been mitigated; socialization and
exercise is good for dogs; a dog park would benefit the entire community; the Council approved
a dog park in concept in August 2000.
Sandy Norell, 3319 Chardonnay Lane
Arlen Craig, address on file
Sue Craig, address on file
Sandy Sladen, 600 E. Jefferson
Rick Cryder, address on file
Cynthia Morgan, 4900 E. Chapman #21
Tom Moore, 209 Calle Alta
Sally Cryder, address on file
Jeannine Lawrie, address on file
Linda Armbruster, 1288 N. San Remo
Stephanie Holcomb, address on file
Will Hagin, 1110 E. Almond #2
Note: Councilmember Alvarez left the dais at 8:05 and returned at 8:15 p.m.
The following people spoke in opposition to a dog park at Yorba Park. Their comments
included: there is a concern for the safety of nearby children; a dog park next to a YMCA or
pre-school is irresponsible; a larger and more suitable site should be found for a dog park;
plans should be sent back to the Park Commission for redesign; this should remain a
neighborhood park and not a regional park; there are already too many activities in this vicinity; the
historical significance of the park has been lost in the design; there are not adequate City funds for a
dog park; mitigation costs are extreme and costly; the Park Commission recommended not
to approve the conceptual
plan.PAGE
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
Susan Rickmeyer, 2535 Burly Ave.
Roger Bonzer, 2548 E. Burly Ave.
Suzanne Counts, 247 S. Rosalind Dr.
Faye Carroll, 354 S. Tracy Lane
Jerry Rickmeyer, 2535 Burly Avenue, submitted his written comments
Bob Dargatz, 2534 E. Burly Ave.
Adrienne Gladson, 3403 E. Lambeth Ct. #A
Roberta Bonzer, 2548 E. Burly Ave.
James F. Coveney, 346 S. Tracy Lane
Mary Dargatz, 2534 E. Burly Avenue, submitted photographs
Jerry Carroll, 354 S. Tracy Lane
Frank Sciarra, 226 S. Craig Dr.
Charles Schroeder, 2752 Burly Avenue, submitted written comments
Gary Minnick, 2521 Burly Ave.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy clarified the final report of the Orange Unified School District Facilities
Advisory Committee (FAC) states that Parkside School will not be reopened as an elementary
school and will remain as an ROP facility and childcare facility. The FAC is an advisory
committee of appointed citizens who have analyzed District facilities and have come back with
recommendations for uses and locations.
Councilmember Ambriz expressed concern that this decision to not reopen Parkside School
could change at a later date.
Councilmember Coontz pointed out Parkside is a very small facility and has been well utilized
by the Rap program.
TAPE 4100
In response to citizen comments, Mayor Murphy asked for clarification on the Chapman Avenue
widening and the methane gas issue.
Mr. Wann indicated the conceptual plan was developed taking into consideration the Chapman
Avenue widening.
The City Manager indicated the City is required, under the law, to monitor the methane gas
levels. The first $350,000 came from the County from a settlement; but the City is required
under the Local Enforcement Agency, a division of the Integrated Waste Management Agency,
to perform monitoring at this site.
Councilmember Alvarez asked about the activities in the vicinity of Yorba Park and what
involvement the City has with those activities.
PAGE 15
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CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
Mr. Wann reported the YMCA is not on City property and the City does not always know what
activities are going on there; but they do operate basic YMCA programs and after-
school programs. The City is also not involved with the BMX programs, but they seem to
have adequate parking and parking has not been a problem from that
facility.Ms. Angus also pointed out the City has no jurisdiction over the uses of the adjacent
School District and ROP
site.Mayor pro tern Cavecche asked for clarification on the large number of proposed parking
spaces;why the EI Modena basin was not chosen as a site for a dog park; the bathrooms at Yorba
Park;who would be responsible for the clean up and maintenance at Yorba Park; and wanted to
ensure everything was mitigated for the NPDES requirements and for watering seeping through into
the water
table.Ms. Angus reported the proposed number of parking spaces was determined by a survey of
other dog parks, tot lots and softball fields during peak times and combined into a total number
of required
spaces.Mr. Wann reported the Orange County Flood Control District was extremely restrictive
when approached about a dog park at the EI Modena basin; the bathrooms at Y orba Park are
not functional at this time and there are no bathrooms planned with a temporary dog park site;
the City plans to have the Dog Park Association enforce, police and clean up a temporary dog
park site, but staff has recommended approximately $12,000 to $15,000 for yearly
maintenance,which may include City personnel patrolling and monitoring the area. He also
reported everything is covered for NPDES requirements and will create the berm along the entire
westerly
site.Ms. Angus reported that even for a temporary dog park, the City will look at getting a permit
for storm water pollution prevention. This is a permitting procedure the City still has to go
through.TAPE
4720 Councilmember Coontz clarified the Park Planning and Development Commission is an
advisory committee, appointed by the Council, and answers to the Council. They make
recommendations to the Council and have been doing a great
job.Mr. Wann explained the Park Commission is not against a dog park. The Commission looked
at this site and this amenity and then looked at a long list of priorities, and believed there
were other priorities that should be looked at before
this.Councilmember Coontz agreed the Master Plan of Parks is a living document, and it was only
a few years ago that it was realized there was something called a linear park, such as
Santiago Creek. There is also now more interest in bicycle, hiking and horse trails; and there have
even been requests for skateboard
parks.PAGE
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz expressed concern on the methane gas issue, listed signs and symptoms
of methane gas over-exposure, asked if the park is safe, and asked what the reason is Yorba
Park has not been
reopened.Mr. Wann explained a decision was made not to open Yorba Park until there was a
culmination of meetings, discussions and community input. He stated the park is
safe.The City Manger stated when the park was closed the City was unfamiliar with the issue
of methane gas. There were some facilities on the site that were cleared off so there was not
a chance of methane gas accumulating in any structures. The City did not want to create
an opportunity for liability for something that there was not a real critical need for. Sports
were moved to another location and there was a need to accumulate all information before a
decision was made to open the park. He stated under the regulations of the Integrated Waste
Management District, the City has to be very cautious about penetrating the cap so as not to fall into
the category of opening a landfill, which requires more environmental studies and becomes
very involved and expensive. The system in place does not extract methane, it creates a barrier
from it going
offsite.In response to questions from Councilmember Ambriz, Mr. Wann stated there are
concentrations of methane gas in certain
areas.Mayor Murphy clarified the City is not borrowing any money to meet it's obligations; and
asked about the trail plans for the creek and if it will afford an opportunity for a connection to
Grijalva Park and the local area and also provide access to any historical plaque
area.Mr. Wann indicated the trail will provide a
connection.Councilmember Coontz indicated that historical plaques are symbolic and are not
always replaced in their exact same location; and appreciates that the historical plaque at Y orba
Park will be
visible.Councilmember Alvarez asked about the liability issue of the ground settling at Yorba
Park.Mr. Wann agreed the ground is always settling and signs will be posted indicating
this.Council Comments TAPE
5440 Councilmember Alvarez stated he was on the Council when a dog park at this location
was approved in concept, noting his word on that is important to him. He would like to see this
park opened up, but the City is not fiscally prepared to put in softball fields or tot lots as there
are other needs at other parks. He could agree to a temporary use of a dog park as the Council
needs to follow through on what was promised to the Dog Park Association. He stated there needs
to be future discussions on the long term picture for the highest and best use of this site, as
there may be uses other than a park for the long term use. He recommended approving a
temporary PAGE
17
T-._._._.-
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
dog park use as proposed and the rest of the park be opened as a passive park space. There also
needs to be a review process to look at the performance of the Dog Park Association in
maintaining the park and which also allows the neighborhood to review the behavior of the dog
park users, because if a dog park is allowed, it needs to be a good neighbor.
Councilmember Coontz stated she favors Alternative 3 and although she does not know exactly
what the School District has in mind, she did not think the District will re-use Parkside as
an elementary school and that it will stay as an ROP center. A dog park was promised and
money was raised, and the Council should honor its promises. People will always come from
other areas as a park is an open invitation to everyone and always will be. She expressed concern
that in approving a final conceptual plan, there is not adequate money to proceed with the plan; and
it should be indicated money is not available and the situation should be reviewed on a
regular basis as things can change at the other surrounding uses. The City needs to look at other sites
for a dog park as this needs to be a temporary site. The City also needs a clear idea of what
the responsibilities of the Dog Park Association is and if the Association is able to raise
more money; but the balance of the financial commitment should be the City's. Maintenance has
to continue and the park needs to be open to the public, but it can not be formalized as to the use
of the park under the Master Plan at this
time.Mayor pro tern Cavecche stated she has no problem approving a conceptual plan before money
is available as grants can be applied for. She also stated that when she first came on the
Council,she assumed the park was closed because it wasn't safe, and was surprised to hear staff
was waiting for Council direction. She agreed the park should be reopened, and although there
could be liability problems and bathroom problems, as long as signs are posted to this effect, the
park should be reopened. She was concerned that a No vote on this would be seen as a No vote to
a dog park in general. She has no problem with the dog park concept, and has even been
working with other agencies in trying to find another site. She has visited other dog parks and some
are great, because of their location; and she was concerned this may not be the best location for
a dog park. She was also concerned about the cost of opening even a temporary dog park,
noting the Council has had to delete other items from the budget. She was unwilling to overturn
the decision of the Park Commission; and would like to look for another
location.Councilmember Ambriz personally apologized to the Dog Park Association because it has
taken so long to get to this point and the Association was told to raise money for a dog park.
He expressed concern about the safety issues with the ground, traffic and the methane gas issue.
He agreed the park needs to be opened but would like to have staff work with the Dog
Park Association in exploring funding opportunities maybe through pet shops and foundations
and through advertising with banners to help generate revenue. Funds are tight and not available
to fund this master project; and suggested looking at other sites for a dog
park.TAPE
6640 Mayor Murphy pointed out this site started out as a dump and then was converted over to
active sports fields; and the City has tried to gather as much information and public input as
possible.He personally was not sold on the idea of investing money for permanent facilities that
would PAGE
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
have to be maintained; and uses such as a dog park and a passive use would be perfect uses for
this type of site. He did not think noise would be an issue, as this site is adjacent to a freeway
and a major highway, and any dog noise would be substantially less. Mitigation measures for the
methane gas issue are in place. The City needs to explore additional fundraising efforts as an
alternative, as there is not adequate City funds. He suggested moving forward in approving the
Mitigated Negative Declaration and put together a plan for deploying the dog park portion of the
site and opening up the rest of the park as a passive park only. In talking with the School
District, there is adequate parking for the ROP facility, and the District is not planning to open
Parkside for an elementary school. He suggested the concept can be approved and any
individual specific use can come back for final approval.
Councilmember Coontz pointed out if this plan were approved, it does not mean it will be
immediately developed.
Councilmember Alvarez asked if approval of the conceptual plan locks the City into this specific
use; or could the property be used for another use in the future.
Ted Reynolds, Assistant City Attorney, explained when the County conveyed this property to the
City 40 years ago, there was a requirement that it be used only for a park; and if it wasn't, it
could revert back to the County. There is a provision in state law that a mutual agreement could
be reached with the County that this site could be used for other purposes, but the use ofthe site
would have to be for a public purpose; and another site would have to be found for a replacement
park.
The City Manager stated the Council can direct staff to further investigate these issues with the
County, and come to an understanding, or clear the title on the property, and come to an
agreement with the County for its future use.
Councilmember Coontz clarified that if a different use were considered for this site in the future,
the City would have to find another site for a park to make up for what would be lost; but did not
think this should be part of the discussion.
Mayor pro tern Cavecche asked if the conceptual plan has to be approved for just a dog park use.
Mr. Reynolds clarified that the Council can approve that portion of the conceptual plan that
delineates the dog park.
Council Action
MOTION - Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz NOES - Cavecche Move
to approve Mitigated
Negative Declaration No. 1674-01 PAGE 19
CITY COUNCIL MINUTES August 26, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz NOES - Cavecche Move
to approve the
Conceptual Master Plan for Yorba Park as it pertains to the dog park and passive park portions.MOTION - Murphy SECOND - Alvarez
A YES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche Move to direct staff to come back
to the Council, within 60 days or sooner, recommending improvements, costs and what funding sources theremayormaynotbeforthedogparkandpassiveparkportionsandanyotherissuestheydeemimportant; and incorporate comments of the Council concerning signage, funding issues, reviewprocess, looking at long range evaluations of a potential permanent site foradogpark; the nature of the relationship between the Dog Park Association, the City andtheneighborhood, the financing and funding opportunities.14. PLANNING AND ENVIRONMENT _ None.15. ADJOURNMENT
MOTION - Coontz SECOND - Ambriz A
YES - Ambriz,
Alvarez, Mayor Murphy,
Coontz, Cavecche The
City Council adjourned at 9:50 p.m. The
next regular Council meeting is September 9,2003.t44~".A'.,.a{!iil/!.-d~"--/ 4A7 CASSANDRA J. ICART, CMC
CITY CLERK tJfjt~f#t MAYORPAGE
20