HomeMy WebLinkAbout9_23_2003 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 14, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 23, 2003
The City Council of the City of Orange, California convened on September 23, 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 Dr. Allan Stark, Orange Rotary
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Councilmember
Alvarez left the meeting at 5:45 p.m.)ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Service Awards:Sarah Short -
Police (not present); Dan Vu - Public Works; Phillis Gomez - Police (not present); Craig Schmelter - Police (not
present); Rena Davis - Fire (not present); Jeff Burton - Police (not present); Frank Eickhoff - Fire (
not present); Steve Foster - Fire not present); Thorn Hesketh - Fire (not present); Mark Spreeman - Fire (
not present);Mike Swanson - Fire (not present); Sherry Hari - Library.Resolution No. 9772 was
presented to Rich Kollen of the Community Services Department on
his retirement. With Council's concurrence, the Mayor declared Thursday, September 25,
2003 as Rich Kollen Day in the City of Orange.Teen
volunteers from 2003 Library Summer Reading Club, were recognized by Library Services Director
Nora Jacob and Senior Librarian Rosanne Miller.Representatives from the Santiago Creek
Greenway Alliance and Equestrian Coalition of Orange County were
recognized and thanked for their work on the 7'h annual
Watershed Cleanup Day of the Santiago Creek. Citizens were encouraged to contact the City at
744-5597 to volunteer for future projects.Proclamation for Community Foundation of Orange Month
was presented to Foundation President Roger
Hobbs. A fundraising event for the Community Foundation will be held
on October 22nd.PAGE 1
CITY COUNCIL MINUTES September 23, 2003
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
A $657 donation was presented to Community Foundation of Orange's President Roger
Hobbs from Immanuel Lutheran Church's Head Elder Dale Newcom.
2.PUBLIC COMMENTS TAPE 1100
Mary Dargatz, 2534 Burly, distributed photos of traffic problems occurring at the BMX
facility near Y orba Park the previous weekend; and asked for assistance with these
traffic issues.
Mayor pro tern Cavecche reported she had gone out to the site the previous weekend to
check on the traffic problems, noting the park was closed and nothing was happening on
the City site. She had spoken with a School Board member who was not aware of the
event and who will look into it; and she stressed the need for increased communication
with the School District on events such as this.
Arlen Craig, address on file, spoke on the need for additional park and open space and
asked for an update on the deficit of parks and playing fields in Orange.
Howard DeCruyenaere, Santiago Creek Greenway Alliance, 2417 N. Park, Santa Ana,
thanked city staff and the volunteers who assisted with the creek clean up and spoke on
the bicycle trail construction which will provide a link between Yorba Park and Hart
Park.
3.CONSENT CALENDAR TAPE 1450
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 September 23, 2003 at Orange Civic
Center City Clerk's Office, north facing kiosk, Main Library at 101 N. Center
Street, Police Facility at 1107 North Batavia and Shaffer Park; all of said locations
being in the City of Orange and freely accessible to members of the public at least 72
hours before commencement ofsaid 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 September 4, 11,2003.
ACTION:Approved.
PAGE 2
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CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
3.3 Request approval of City Council Minutes, Regular Meeting, September 9, 2003.
Note: Mayor pro tern Cavecche abstained on this item as she was not present at the 4:30
Session of the September 9th meeting.
ACTION:Approved.
3.4 Consideration 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 August 31, 2003.
ACTION:Received and Filed.
3.6 Receive and file the Investment Oversight Committee Fourth Quarter Report for
the Quarter Ending June 30, 2003.
ACTION:Received and Filed.
AGREEMENTS
3.7 Renewal of the agreement between Berryman & Henigar, Inc. and the City of
Orange for Plan Checking services. (A2IOO.0 AGR-3581.
B)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 the agreement with Berryman & Henigar, Inc. for Plan
Review Services in an amount not to exceed $40,000 and authorized the Mayor and City Clerk
to execute on behalf of the
City.FISCAL IMP ACT: Funds have been budgeted in the following account to pay
Berryman Henigar,
Inc.:100-3012-427800 - Other Contractual Services - $35,
000 100-3012-426700 - Other Professional and Contractual Services - $5,
000
BIDS 3.8 Bid No. 034-14, Annual Street Maintenance Asphalt Concrete Overlay
at Various Locations, Fiscal Year 2003-04; SP-3456. Approval of
Plans and Specifications and authorization to advertise for
bids. (S4000.
CITY COUNCIL MINUTES September 23,2003
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous city streets under the Street Maintenance Program. The proj ect is ready to
be advertised. The estimated construction cost is $1,020,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Street Maintenance Asphalt Concrete Overlay Contract at Various Locations, FY
2003-
04.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
are available in the following
accounts:
262-
5021-
483300-3120 500-
5021-481105-
4997 Total 1,
000,000 150.
000 1,150,000
Local Street Maintenance Municipal Parking Lot Maintenance 3.9 Bid No. 034-IS,
Annual Service Contract for Concrete Replacement at Various Locations, Fiscal
Year 2003-2004; SP-3407. Approval of Plans and
Specifications and authorization to advertise for bids. (S4000.S.7)SUMMARY:
Plans and specifications have been completed for the Annual Service Contract for
Concrete Replacement at various locations, FY 2003-04 project. The project is ready to
be advertised for bids. The estimated construction cost is $132,300.ACTION:
Approved plans and specifications and authorized advertising for bids for the
Annual
Service Contract for Concrete Replacement at Various Locations, FY 2003-2004 project.
FISCAL IMPACT: Funds are budgeted
in the Capital Improvement Program and are available
in the following account:262-
5021-427100 (Measure M - Contractual Services) $202,000 3.10 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, is the
recommendation of the City
Attorney's Office that
the claim( s) be denied.a. Robert E. Roy b. Kensington Village HOA
ACTION: Denied
Claim(
s) for
CITY COUNCIL MINUTES September 23,2003
3. CONSENT CALENDAR (Continued)
CONTRACTS
REMOVED AND HEARD SEPARATELY) TAPE 1500
3.11 Award of Contract - Bid No. 034-02 - AHRP Glassell Street Rehabilitation from Walnut
Avenue to Mayfair Avenue (SP-3426). (A2100.0 AGR-
4362)SUMMARY: The bids were opened on August 28, 2003. Ten (10) bidders responded
to the invitation for bids. The apparent low bidder is Alliance Streetworks, Inc. of
Anaheim for $396,501.00. The Engineer's Estimate is $525,118.00, which is 32.44% higher
than low
bid.
Discussion Councilmember Ambriz asked for clarification on the terms clearing and grubbing
and why there was such a huge discrepancy on this item between bidders; and asked
about change
orders.Harry Thomas, Public Works Director, explained that clearing and grubbing
is mobilization to begin work and involves miscellaneous demolition and removal
of improvements that are not incorporated in the project. Many contractors
load administrative costs in this item and it is not unusual to see big discrepancies
between contractors. He explained a contractor can not exceed the bid amount unless there is
a change in the work ordered by the City, which results in a change order, if the
contractor encounters substantially changed conditions on the site that necessitate extra work, or
if the actual quantities turn out to be different than the amount shown in the bid.
The amounts in the original bids are estimates for the purposes of comparison, and
although they are as accurate as possible, conditions can change. Change orders over 10%
are brought back to Council for
approval.Councilmember Ambriz asked if the proposals are evaluated for past performances
and safety
records.Mr. Thomas reported the City is obligated to award public works contracts to the
lowest responsible bidder. Credentials and references are requested, but disqualification of
the lowest responsible bidder is difficult to do. A bid would have to be determined to
be non-responsive or non-responsible. Contractors are also required to
comply with OSHA requirements, and citations by OSHA can result in a contractor losing a license;
but if a contractor has a valid license, there is not much latitude to
disqualify a contractor.
MOTION - Ambriz SECOND -
Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Awarded the contract in the amount of $396,501.00 to Alliance Streetworks,
Inc., 3837 E. Eagle Drive, Anaheim, CA 92807, and authorized the Mayor and City Clerk
to execute on behalf of the City.
PAGE 5
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are available in Fiscal Year 2002/2003 Capital Improvement
Project in the following accounts:
550-
5011-
483300-
3224
272-5011-
483300-3224
262-
5011-483300-
3224 AHRP
Gas Tax
Measure M
Total
278,000 120,000 153.000 551,000 DONATIONS 3.12 Request to accept into the City'
s revenue budget and to appropriate a $15,000 donation from the Friendsof
the Orange Public Library for library books. (C2500.I)SUMMARY: The Friends of the
Orange Public Library donated $15,000.00 to purchase library books. Acceptance of this
revenue and
its appropriation into the FY 03-04 budget are requested.ACTION: Accepted into the City'
s revenue budget a $15,000.00 donation from the
Friends of the Orange Public Library, into account # 100-2001-
293900-9986 (Patron Donations of
Materials); appropriated the Friends' donation to account # 100-2001-443101-9986 (Patron Donations of Materials).
FISCAL IMPACT: The Library's available funds for books will increase by $15,000.00
in
FY 03-04 thanks
to this donation from the Friends of the Orange Public Library.FACILITIES REMOVED AND HEARD SEPARATELY)
3.13 Request to open and use the Main Library on Thursday evening, October
9, 2003,
for a community open house to provide an update on the Main Library
expansion.C2500.I)SUMMARY: City Council authorization is requested to open and use the Main Library from 7:
00 to 8:30 p.m. on Thursday,
October
9, 2003, for a community open house updating residents
on progress ofthe Main Library expansion.Discussion Councilmember Ambriz asked for a report on this
item.Nora Jacobs, City Librarian, reported that on October 9th City staff and the contractor for
the Library expansion will be available at an open house to provide the public with
an update on the expansion project. This event will be advertised on Channel 3,
in the newspapers and with fliers in the Libraries. Those in attendance at the
previous planning sessions will also be invited to attend. The Library Foundation is also hosting
a reception to
introduce the
LocalHistoryWeb siteand report
on
the
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
MOTION - Ambriz SECOND -
Murphy AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved request
to allow use of the Main Library from 7:00-8:30 p.m. on Thursday, October
9,2003, for a community open house on the Main Library expansion.FISCAL IMPACT:
The cost of 1.5 hours' electrical power usage at the Main Library is the only
direct fiscal impact involved. Indirectly, a few staff members - e.g., the Library Director and management
team - will adjust their workschedules so they can be present that evening; no overtime
will be charged. No library supplies are involved.3.14 Request for
early closure of the Orange Public Library facilities to the public on Wednesday, November 26, 2003. (
C2500.I)SUMMARY: Early closure of
the Main Library and the Taft and EI Modena Branch Libraries (e.g., at
6:00 p.m. rather than 9:00 p.m.) is requested due to lack of anticipated public use the night
before Thanksgiving Day.ACTION: Approved closure of
Orange Public Library facilities to the public at 6:00 p.m.Wednesday, November 26,2003.
FISCAL IMP ACT: None.
Staff hours will be shifted on November 26 to begin earlier in the day, e.g.,
at 8:00 a.m. or 9:00 a.m. rather than at 12 noon for those who normally work evenings.PARCEL MAP
3.15
Parcel Map
No. 2002-165 - Request for approval. (C2500.M.16.2)SUMMARY: Parcel Map No.
2002-165 creates two parcel numbers 1 and 2 to accommodate a new
single-family residence on parcell located at 3515 East La Veta Avenue.ACTION:
Approved
the Final Parcel Map No. 2002-165, and accepted dedication of La Veta
Avenue for street and public utility purposes, as shown on the Parcel Map.FISCAL
IMPACT: None.REPORTS
3.
16 Report on Freeway Destination Guide and City Identification Signing. (HI200.0)SUMMARY:
There is a lack of consistency in providing city identification signing at the city
limits in advance of exits serving the City and at overhead off-ramp locations where
street names only are generally provided. It is desirable to inform motorists as to which
city they are in and which off-ramps serve specific
cities.PAGE
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Requested Caltrans to review the matter of enhanced city identification
signing for the City of Orange.
FISCAL IMPACT: No current fiscal impact. There may be future undetermined fiscal
impact, depending upon which signs Caltrans agrees to install at State expense.
RESOLUTIONS
3.17 RESOLUTION NO. 9518 (H1200.0)
A Resolution of the City Council of the City of Orange supporting the City of Anaheim's
request to have Caltrans add the name "Anaheim" to the thirteen existing directional
signs along the northbound State Route 55 Freeway from John Wayne Airport to State
Route 91 Freeway.
ACTION: Approved.
3.18 RESOLUTION NO. 9771 (S4000.S.3.1.1.1)
A Resolution of the City Council of the City of Orange to reserve 13 on-street
parking spaces in the downtown plaza for a special
event.Note: Councilmember Alvarez abstained due to property ownership within 500 feet
of the subj ect
property.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)3.19 RESOLUTION NO. 9775 (N1200.0
1674-01)
TAPE 2125 A Resolution of the City Council of the City of Orange making certain findings
under the California Environmental Quality Act and approving a portion of the
Conceptual Master Plan for Y
orba
Park.Discussion Mayor pro tern Cavecche spoke on the concerns expressed earlier in the
meeting about the traffic problems in the Yorba Park area; and suggested giving direction to
staff about communicating with the School District and to start looking at possibly
gating the entrance to Y orba Park, either with a chain or sliding gate, so that if the city is not
able to come to a mutual agreement with the School District, it would be possible
to restrict access to the park
after hours.Councilmember Coontz stated she had talked to the ROP County Director
who talked with the School District several years ago, when a bus center was proposed at
the ROP Center. She noted the School District owns the ROP property and although
the City cannot intervene, the City can ask the District for cooperation. The
Director also
PAGE B H --.--- '---'T"
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
attempted to work with the District on the landscaping at the ROP site, because although
it is a very active facility, it is not the best looking facility.
Roger Bonzer, 2548 E. Burly, spoke on the need to work with the School District and
other groups who use the Y orba Park parking lot.
Mayor Murphy stated that the City was able to share the parking while the Park was
closed, but with the park reopening, the City will not be able to share that parking; and
other facilities will need to come up with their own parking solutions.
Councilmember Coontz stated she understood ROP, in talking with the County Director,
had a plan to increase the parking on their own site. She did not know if they have
moved ahead with that plan or had the money to do so or permission from the OUSD.
The City needs to find out whether the plan is going forward.
Mayor pro tern Cavecche stated in approving the conceptual plan she would also like to
address the parking issue and look at restricting access in some way after hours.
Councilmember Ambriz clarified there was already an Ordinance in place that deals with
parking in parks over night; asked if there was going to be a plan in place for who can
use the Park parking lot; and expressed concern about the enforcement of the parking
issue, especially on weekends.
Mayor Murphy reiterated that the other facilities are going to have to create other parking
resources for their uses and coordinate activities between the YMCA, the School District
and the BMX facility. He stated that maybe the Police Department, or even the School
District security, should have been contacted about the parking problems the previous
weekend.
Councilmember Ambriz noted the dog park was approved on a temporary basis, but the
word temporary was not in the Resolution; and asked staff to follow up on the need to
address the parking issues on Y orba Street.
Mayor Murphy suggested staff can bring back proposals and recommendations on how
to implement enforcement issues.
Councilmember Coontz noted there has been a change in the Facilities Manager at the
School District. She also noted the YMCA owns the property to the south of them,
which is vacant, and maybe the YMCA could lease that property to ROP with some
reciprocity, and maybe use the property for parking which would help both the YMCA
and ROP.
Mayor pro tern Cavecche noted that she had originally voted against this, but the
majority of the Council approved the dog park use. However it was approved as a
temporary use, but that is not indicated in the Resolution.
PAGE 9
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
Mayor Murphy indicated that final implementation of any specific use has to come back
for Council approval.
The City Attorney stated staff can include the word temporary, but that can be
ambiguous. Council will get a report back from staff with funding specifications,
mitigation measures for a dog park, and direction can be given at that time on the length
of time for the dog park.
Councilmember Coontz noted Mary's Kitchen was supposed to be temporary, and it has
been at the same site for approximately II years.
Mayor pro tern Cavecche noted that the majority of the Council had approved this item
previously.
MOTION - Cavecche SECOND -
Coontz AYES - Ambriz,
Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION:
Approved Resolution No.
9775; and directed staff to look at restricting,monitoring or discussing with
the School Distinct access to the park.REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO.
9776 (A4000.0 APP 492)A Resolution of the
City Council of the City of Orange certifying the adequacy of Final Environmental Impact Report No.
1647-00 prepared for the Fieldstone Communities Project generally consisting
of a six-acre public park; 37.4 acresof open space and multi-use trails;
a two-acre horse stable; and 64 acres for 177 single family low density residential
units. The development is bordered generally by Santiago Canyon Road to the
south, Cannon Street to the west, the Mabury Ranch Development to the north and the
Reserve Development to the east.Applicant:
Fieldstone Communities, Inc.Discussion
David
DeBerry, City Attorney, reported staffis requesting a continuance to make sure the maps
and staff reports are consistent and simplified.Mayor
pro tern Cavecche asked why this was agendized if staff was not prepared; as she was
very disappointed this had to be continued.PAGE
10
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
John Sibley, Assistant City Manager, explained this item was agendized with the hope
that all the details would be ready; however, staff was not able to finalize everything in
time.
Mr. DeBerry explained the motion at the public hearing was to bring back the
Resolutions as soon as possible, which staff tried to do; however, inaccuracies were
found in the exhibits after the agenda was set.
Mayor pro tern Cavecche apologized to the public who had come to the meeting for the
proposed continuance. She also asked about the proposed Exhibits E and F on
Resolution No. 9777. Exhibit F was not attached at all and asked that it be attached at
the next meeting; and Attachment E references the Environmental Impact Report, but is
not attached to the Resolution which deals with the Environmental Impact Report. She
suggested that all the technical documents be put together.
Mr. DeBerry reported Exhibit F is a spiral bound document which was provided at an
earlier meeting, which doesn't change other than the Errata Sheet attached to the
Resolution. Exhibit E was attached to Resolution 9777 because The Statement of
Overriding Considerations goes along with the approvals of the project and the General
Plan action is the first action to be taken and is actually approving the project.
Mayor pro tern Cavecche stated this is a very large document and is putting a lot together
and preferred that it be attached down the road. It seems like there are two separate items
being put together that really shouldn't be put together; and suggested maybe separate
resolutions. She also suggested a note should have been included to the effect that the
spiral bound document had already been provided.
Councilmember Coontz suggested a Table of Contents.
Mr. Sibley stated the points have been noted and staff will endeavor to put this large
packet together in a more organized manner.
Councilmember Ambriz stated that he may not be present at the October 14th meeting.
MOTION - Alvarez SECOND -
Coontz AYES - Alvarez,
Mayor Murphy, Coontz NOES - Ambriz, Cavecche
Moved to continue Resolution
No. 9776 to the October 14, 2003 Council meeting.PAGE 11
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9777 (A4000.0 APP 492)
A Resolution of the City Council of the City of Orange approving a general plan
amendment to: (1) redesignate 7 acres of property located north of Santiago Creek, south
of Mabury Avenue from resource area to open space; (2) redesignate 15 acres of property
located north of Santiago Creek, south of Mabury Avenue from resource area to open
space; (3) redesignate 6 acres of property located north of Santiago Canyon Road and
east of Cannon Street from resource area to open space -public park; (4) redesignate 53.4
acres of property located south of Santiago Creek, north of Santiago Road and west of
the residential development known as "The Reserve" from resource area to low density
residential; (5) remove that portion of the property located north of Santiago Canyon
Road, east of Cannon Street, south of Santiago Creek and east of the study area
boundaries of the East Orange General Plan from the East Orange General Plan; and (6)
remove that portion of the property located north of Santiago Canyon Road, south of
Santiago Creek, west of "The Reserve" and Santiago Oaks Regional Park, and east of the
study area boundaries of the Orange Park Acres Specific Plan from the Orange Park
Acres Specific Plan.
General Plan Amendment No. 1-
01 Applicant: Fieldstone Communities,
Inc.Note: See Item 3.20 for
discussion.MOTION - Alvarez
SECOND - Coontz AYES -
Alvarez, Mayor Murphy, Coontz NOES - Ambriz,
Cavecche Moved to continue
Resolution No. 9777 to the October 14, 2003 Council meeting.REMOVED AND HEARD
SEPARATELY)3.22 RESOLUTION
NO. 9778 (A4000.0 APP 492)A Resolution of
the City Council of the City of Orange approving: (1) Tentative Tract Map 15750; (2)
Minor Site Plan Review 249-02; (3) adopting conditions of approval;and (4)
denying Variance 2113-02 relating to development of an approximately II 0 acre property
generally consisting of a six-acre public park; 37 acres of open space and multi-
use trails; a two-acre private equestrian facility; and 64 acres of low density
residential.The development is bordered generally by Santiago Canyon Road to the south,
Cannon Street to the west, the Mabury Ranch Development to the north and the
Reserve Development to the
east.PAGE
CITY COUNCIL MINUTES September 23,2003
3. CONSENT CALENDAR (Continued)
Tentative Tract Map No. 15750
Minor Site Plan Review 249-
02 Variance
2113-02 Applicant: Fieldstone
Communities, Inc.Note: See Item 3.20
for discussion.MOTION -
Alvarez SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz NOES -
Ambriz, Cavecche Moved to
continue Resolution No. 9778 to the October 14,2003 Council meeting.NOTE: COUNCILMEMBER
ALVAREZ LEFf THE MEETING AT 5:45 P.M.SIGNS REMOVED
AND
HEARD SEPARATELY)3.23
Appropriation of revenues from Coca-Cola and Signs of Support (C2500.N)SUMMARY:
The City receives revenues annually from Coca-Cola through its vending
machines located in City parks and from Signs of Support through its advertisement on
City maintenance vehicles. The department has collected $21,200 in revenues generated
from these partnerships. Staff has identified the need to provide financial support for the
city's recreation/library programs. The Community Services and Library Services
Departments recommend an appropriation from park revenue and library revenue
accounts in the amount of $21,200 to acquire tables, equipment and material for the
City's after-school recreation programs and children's programs at the
library.
Discussion Councilmember Ambriz asked about the process for the Signs of Support program and
if the City pays anything for this service. He also asked about advertising this
program,suggesting that even individuals may want to sponsor
signs.Gary Wann, Community Services Director, reported it does not cost the City anything
for this program, but the City is very hands on with the process. The City does not
solicit businesses but does occasionally assist the representative from Signs of Support
with leads. It costs a business $100 per month to advertise on a City vehicle and the
City receives half of that money, which equates to $600 per year per vehicle. He stated
the project has just recently taken off, and advertising of the program has not yet
been
determined.PAGE
CITY COUNCIL MINUTES September 23, 2003
3. CONSENT CALENDAR (Continued)
Councilmember Ambriz asked how this advertising is different than the advertising in the
Orange Progress; and suggested the City look at cost effective measures with
opportunities to raise money.
John Sibley, Assistant City Manager, stated the Signs of Support program is a program
where someone else does most of the work and the City receives revenue. The Orange
Progress advertising would be a staff effort and would require a lot of time on the City's
part.
In response to questions about limiting advertisers and first amendment issues, the City
Attorney stated the City can limit advertisers. It depends on whether the vehicle that is
being used for the advertisement is a traditional public forum or not. The less it is a
traditional public forum, the more discerning a public agency can be as to what
advertisements are allowed.
MOTION - Ambriz SECOND ~
Murphy AYES -
Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez
ACTION: Appropriated funds
from Coca-Cola and Signs of Support as follows:100-7001-
471301-1026 (Furniture, Machinery and Equipment-Coca-
Cola $ 7,100 100-7011-443800-1025 (Other
Rec Supplies-Signs of
Support) $ 9,700
100-
2001-426700-
1025 (Other
Professional & Consulting Signs
of Support)
TOTAL 4.400 21,200 FISCAL IMPACT: None TRACT MAP 3.24 Request from Centex
Homes to approve the recordation
of Final Tract Map No.16454. (T4000.0 TRT 16454)SUMMARY: Centex
Homes is requesting the City Council approve the recordation of Tract Map No. 16454 located at
the end of Serrano Avenue and east of Orange Park Boulevard. This map
is the last remaining residential project in the Serrano Heights Development, Phase Two,
approved by Council as part of Tentative Tract Map 14360.All plans have
been approved, fees paid and bonds posted to guarantee improvements.ACTION: Approved the
request from Sun Cal
Companies for the
recordation of
CITY COUNCIL MINUTES September 23,2003
3. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.11,
3.13, 3.19, 3.20, 3.21, 3.22, 3.23 were removed and heard separately. Mayor pro tern Cavecche
abstained on Item 3.3. Councilmember Alvarez abstained on Item 3.18. All
other items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 4.REPORTS FROM
MAYOR MURPHY - None.TAPE 2900 5. REPORTS FROM COUNCILMEMBERS -
None.6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS 6.1 Confirm nominations of
Orange Elderly Services, Inc. Board of Directors Terms to expire 2006) (OR1800.
0.21)Richard Alarcon, Neil Mansdorf and
Chuck See MOTION - Murphy SECOND - Coontz AYES -
Ambriz, Mayor Murphy,
Coontz, Cavecche ABSENT -
Alvarez Moved to confirm the nominations of
Richard Alarcon, Neil
Mansdorf and Chuck See to the Orange Elderly Services Board of Directors (terms to expire
2006)7. ADMINISTRATIVE REPORTS 7.1 Report from the Police
Chief pertaining to
the allocation of Local Law Enforcement Block Grant (LLEBG) 2003 funds. (C2500.K)SUMMARY: The
U.S. Department of Justice has made
funds available under the FY 2003 LLEBG Program. Under this Program the City was allocated $
75,605. This grant requires a cash match of $8,401, for a total award
of $84,006. TheCity's FY 2003 Award date was August 23, 2003, and it has until November 22, 2003
to request these funds for purchases of equipment and technology related to law enforcement. The Advisory Board
made a non-binding recommendation to allocate LLEBG 2003 funds and the
cash match for the purchase of laser speed control guns for traffic (replacing the radar
guns), Property barcode inventory system,Property freezer storage system, Forensic Unit photography equipment,
VisionAIR citation tracking software, Armory gun cleaning station, and Narcotic
Unit vault storage system.PAGE 15
CITY COUNCIL MINUTES September 23, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Captain Bob Gustafson provided a report.
MOTION - Cavecche SECOND -
Ambriz AYES - Ambriz,
Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez I)
Appropriated funds for
the LLEBG 2003 to the Police Administration Program for equipment as follows:353-4011-
471301-2243 (
Federal Police Grants) $75,605 355-
4011-471301-2243 (Federal Asset Forfeiture - 10% cash match) $8,
401 2) Amended the FY 2003-04 Revenue Budget to reflect the receipt of the $75,605
grant revenue to
account # 353-4011-264500-2243.FISCAL IMPACT: There is no fiscal impact to the Federal
Police Grant fund as the appropriation is offset by grant revenue. Unreserved fund balance
is available in the Federal Asset Forfeiture Fund. After appropriation, funds will
be available in the Administration Program budget for the LLEBG grant
and
cash
match as
follows:353-
4011-
471301-
2243 355-4011-471301-2243 75,605
8,401 Equipment Equipment 8.REPORTS FROM CITY MANAGER TAPE 3020 8.1 Ordinance No.
19-03 and Resolution No. 9773 relating to parking time limits on Plaza Square
and certain streets serving the central public square and circular plaza at Glassell
Street and Chapman Avenue, and municipal parking lots serving the central public square
and
circular plaza at Glassell Street and Chapman Avenue. (A2500.0 Plaza Parking)SUMMARY: The
proposed ordinance will remove the fee rates for parking permits within City-owned parking lots serving the Plaza
and setting those fees in the City's Master Schedule of Fees and Charges. The
proposed ordinance will also change the parking time limit from one-hour to two at Plaza Square and
certain other streets serving the Plaza and from two hours to three in certain municipal
parking lots serving the Plaza. In addition, the ordinance authorizes the City's Traffic Engineer
to make some administrative changes to the way in which parking time limits are
established. The proposed resolution will establish the fee payable for parking permits for certain municipal parking
lots serving the Plaza at $30 per month. The
addition
of one part-time Parking Control Aide is proposed for increased parking enforcement.Discussion Barbara
Messick, Sf. Assistant to the City Manager, provided a report. The purpose of this proposal is to increase
time limits on street parking from 1 to 2 hours; increase time limits in public
parking lots
from 2
CITY COUNCIL MINUTES September 23, 2003
8. REPORTS FROM CITY MANAGER (Continued)
fees from $10 to $30 per month. The $10 fee has not been changed since 1987. There are
currently 1,020 spaces in all parking lots and 86 spaces are designated for permit parking. A
permit space is not a guaranteed space, it is a space that is marked which allows an individual
with a permit to park there longer than the restricted time limit. The general public can still park
in those spaces, but only for the time restriction. Six of the lots have no time limits. The City
currently sells approximately 100 permits a year, providing about $12,000 revenue at the current
rate. The increase in revenue will allow for enhanced maintenance of the lots. The downtown
merchants were surveyed and they indicated they were in favor of the increased time restrictions.
Councilmember Coontz asked ifthere is a cap on the number of parking permits sold, since there
are approximately 100 permits sold each year, but 86 permit spaces available.
Ms. Messick stated there is no cap on the number of permits sold, and the City has not received
complaints from permit holders that they can not find spaces.
Councilmember Coontz clarified that the permits are to accommodate employees of businesses,
but no ID is required when the permits are purchased. She noted that students and faculty from
Chapman University have used these spaces and there probably needs to be an understanding of
who is actually purchasing these permits. She stated that if the premise of the permit is to
accommodate employees of the local businesses, then the City needs to know who is actually
buying these permits.
Ms. Messick stated the application can be modified to require proof of employment. Staff will
also review the signage at each of the lots to avoid confusion on the permit spaces.
In response to questions form Councilmember Ambriz, Ms. Messick stated the downtown
merchants were not surveyed about the increase in cost and many were not even aware of the
permit parking program. The merchants were notified recently about a possible increase and
staff has received only one or two calls about the issue.
Councilmember Ambriz stated the proposed cost is not that much to be able to park all month in
a premier parking space.
Mayor pro tern Cavecche agreed that if the intent is to provide parking opportumhes for
businesses and residents, then the City needs to know who is purchasing the permits.
Mayor Murphy stated these recommendations are a result of going out into the Downtown
business community and polling their concerns; and the consensus seems to be that the
merchants want to give customers a long enough time to park in strategic areas so they can shop
and eat and spend dollars in Orange.
Councilmember Coontz noted the businesses have wanted longer parking times for quite a while.
PAGE 17
CITY COUNCIL MINUTES September 23, 2003
8. REPORTS FROM CITY MANAGER (Continued)
ORDINANCE NO. 19-03 (FIRST
READING)An Ordinance of the City Council of the City of Orange amending portions of ChaptersI0.
30,10.34 and10.42 of Title 10 of the Orange Municipal Code relating to parking time limitations
on Plaza Square and both permit parking requirements and parking time limitations on
certain municipal parking lots serving the central public square and circular plaza at Glassell Street
and Chapman
Avenue.MOTION - Murphy
SECOND - Coontz AYES -
Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez
Moved that Ordinance
No. 19-03 be read by title only and same was set for second reading by the preceding
vote.RESOLUTION NO.
9773 A Resolution
of the City Council of the City Of Orange establishing parking time limits on Plaza Square and
certain streets serving the central public square and circular plaza at Glassell Street and Chapman
Avenue; amending and revising the Master Schedule of Fees and Charges as authorized by
Orange Municipal Code Chapter 3.10; and making certain findings related thereto.MOTION - Murphy
SECOND - Coontz AYES -
Ambriz, Mayor Murphy,
Coontz, Cavecche ABSENT - Alvarez Moved to approve
Resolution No. 9773;
authorize the addition of one part-time Parking Control Aide and appropriate $13,731
from General Fund unappropriated reserves to account 100-4041-413102 (Police Department Traffic
Services salaries); and direct staff to report back to Council in one year on
the issues discussed and how well the program is working.FISCAL IMPACT: Requires an
appropriation of $13,371 from General Fund unappropriated reserves, which is anticipated
to be fully offset by parking citation revenue in the downtown area. The proposed monthly
parking permit fee increase from $10 per month to $30 per month for downtown parking permits
is anticipated to generate approximately $24,000 additional annual revenue which will
be utilized for parking lot maintenance.PAGE 18
CITY COUNCIL MINUTES September 23, 2003
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 21-03 (FIRST READING) (A4000.0 APP
492)An Ordinance of the City Council of the City of Orange approving the reclassification of
the following: (I) approximately37.4 acres of property within the Santiago Creek Channel south
of Mabury A venue and north of Santiago Canyon Road from Sand and Gravel to
Recreation-Open Space; (2) approximately six acres of property north of Santiago Canyon Road from
Sand and Gravel to Recreation-Open Space; (3) approximately 32.20 acres of
property adjacent to Santiago Canyon Road and the Reserve Development from Sand and
Gravel to R-I-8 Residential, Minimum lot size, 8,000 sq. ft.); and (4) approximately 21.
2 acres of property south of Santiago Creek from Sand and Gravel to R-I-6 (Residential,
minimum lot size
6,000 sq. ft.).
Zone Change 1208-00 Applicant: Fieldstone Communities,
Inc.Note: See
Item 3.20
for discussion.MOTION - Alvarez SECOND - Coontz
AYES - Alvarez, Mayor Murphy,
Coontz NOES - Ambriz, Cavecche Moved to continue Ordinance No. 21-03 to the
October 14, 2003 Council meeting.10. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION The City Council recessed at 6:30 p.m. to a Closed
Session for the following purposes:a. Conference with Real Property Negotiators
pursuant to
Government Code Section 54956.8 I) 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 Note: Did not discuss 2) Property:
Portion of 157 N. Grand City Negotiators:
Rick Otto and Nora Jacob Negotiating Parties: City of Orange and
First Presbyterian Church of Orange Under Negotiation:
Price and terms of payment b. Conference with Legal Counsel - Significant exposure
to litigation pursuant to Government Code Section 54956.9(
b). (one
CITY COUNCIL MINUTES September 23, 2003
11. RECESS TO CLOSED SESSION (Continued)
Note: Did not discuss
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations: Fire and Police Associations
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.
12. ADJOURNMENT
MOTION - Cavecche SECOND -
Murphy AYES - Ambriz,
Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez The
City Council adjourned
at 6:57 p.m.. The next regular Council meeting is scheduled for October 14,2003.i(
t1f'~/~(j'0
pG E.MURPH
DEPUTY CITYCLERKPAGE
20