HomeMy WebLinkAbout11_12_2002 - Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 10, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING Noyember 12,2002
The City Council of the City of Orange, California conyened on November 12, 2002 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Ayenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Giyen by Pastor Torn Copple, Spirit and Truth Worship Center
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Staff Sergeant Gloria Salce from Orange Hi~h School Marines JROTC in honor
of the Marine Corps 227th birthday on Noyember 10' .
1.3 ROLL CALL
PRESENT - Slater, Alyarez, Mayor Murphy, Coontz, Cayecche ABSENT -
None Note: Mayor Murphy left the Council meeting at 7:30 p.m. due to a business trip.
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor's
Achievement Award was presented to Police Corporal Mike Streed for his expertise in
forensic artistry, which assisted with the Samantha Runnion police investigation.Keith
Regan,
Executiye Director, Orange Senior Center, submitted the Annual Audit of the Orange
Senior Center; and proyided an update on services proyided by the Senior Center.Proclamation,
honoring
National Children's Book Week, Noyember 18-24, 2002, was presented
to Mike Learakos, President of the City of Orange Public Library Foundation.Mr.
Learakos stated a Book Fair will be held Sunday, November 24'h at
Barnes and Noble
Book Store in Orange to help raise money for a new expanded Main Library.2.
PUBLIC COMMENTS TAPE 685 Eddie
Grijalva, 8467 Peony Circle, Buena Park, asked that McPherson Street behind Grijalya
Park be cleaned up and submitted pictures of problems which have become eyesores.
The
City Manager's Office was directed to look into this.PAGE
1
CITY COUNCIL MINUTES Noyember 12, 2002
2. PUBLIC COMMENTS (Continued)
Councilmember Slater requested a letter be sent to the apartment complex on Prospect
Street near Grijalva Park asking them to take down the barbed wire fence along the back
ofthe apartment complex as it presents a bad image.
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 remoye an
item from the Consent Calendar, all items remoyed 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 City Council
agenda of a regular meeting of Noyember 12, 2002 at Orange Ciyic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications 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 October 17, 24, 31,
2002.ACTION:
Approyed.3.3 Request approval of City Council Minutes, Regular Meeting, October 22,
2002.
ACTION:
item.Approyed. Note: Councilmember Coontz and Slater abstained on
this3.4 Consideration to waiye reading in full of all ordinances on the
Agenda.ACTION:
Approyed.
AGREEMENTS 3.5 Amendment No. 2 to Master Plan of Sewers Agreement (Contract No.
0011)between the City of Orange and the Orange County Sanitation District (
OCSD)Cooperatiye Projects Program. (A2100.0 AGR-
3675.2)
CITY COUNCIL MINUTES November 12, 2002
3. CONSENT CALENDAR (Continued)
SUMMARY: The amendment extends the term of the original contract for an additional
six (6) months in order to allow the City to satisfy all terms and conditions of the original
contract.
ACTION: Approyed Amendment No.2 to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendments on behalf of the City.
FISCAL IMP ACT: No fiscal impact. Funds have been previously appropriated for the
projects.
3.6 No. 0012) between the City of Orange and the Orange County Sanitation District
OCSD) Cooperatiye Projects Program. (A2100.0 AGR-3676.
2)SUMMARY: The amendment extends the term of the original contract for an
additional six (6) months in order to allow the City to satisfy all terms and conditions of the
original
contract.ACTION: Approyed Amendment No.2 to the contract between the City of Orange
and the Orange County Sanitation District and authorized the Mayor and City Clerk
to execute the Amendments on behalf of the
City.FISCAL IMP ACT: No fiscal impact. Funds haye been preyiously appropriated for
the
projects.
ALLOCATIONS 3.7 Assembly Bill (AB) 3229 grant money for funding of Police support
personnel C2500.
K)SUMMARY: AB 3229 makes funds ayailable under the FY 2002 Citizen's Option
for Public Safety (COPS) Program in the Goyernor's budget. The City of Orange
was awarded $264,056.70 and proposes to continue funding the ciyilian police
support positions using FY 2002 AB 3229 COPS Program Funds. These positions enhance
the Police Department's ability to place sworn Police Officers in the
field.ACTION: Allocated $264,056.70 FY 2002 COPS grant award to continue funding
four 4) full-time and two (2) part-time ciyilian positions through
June 30, 2004.FISCAL IMP ACT: The City of Orange was awarded $264,056.70 through
the FY 2002 COPS grant program. These funds have been placed in a separate fund (354 -
AB 3229 Supplemental Law Enforcement Services) and cannot be transferred to
or intermingled with other funds, except to facilitate appropriation and expenditures by
the statute.Interest earnings in Fund 354 will also be allocated to payroll expenditures for the
six (6)positions. This award will support the allocation plan and the approval does not
require a
budget adjustment.
CITY COUNCIL MINUTES Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
3.8 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Edgar Bravo through his guardian Araceli Bravo
b. Tina Louise McRae
c. Sheila Fee
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Final Acceptance of Bid 012-43; SP-3362 Belmont Park and SP-
3393 El Modena Park Upgrades and authorization to file Notice of Completion
with the County Recorder (No staffreport required). (
A2100.0 AGR-4004)SUMMARY: Bid 012-43; SP-3362; Belmont
Park and SP-3393 EI Modena Park Contractor:
TK Engineering Company. Staff recommends acceptance ofimproyements.ACTION: Accepted public
work improvement, authorized release of Fidelity and Guaranty Insurance Company of Iowa.
Bond No. FC900100195 in the amount of 305,290.00, and authorized the Mayor and
City
Clerk to execute the
Notice of Completion.FISCAL IMP ACT: None.3.10 Final Acceptance
of Bid 012-46; SP-3332 Newport Boulevard Rehabilitation between Canyon View
Ayenue and White Oak Ridge and authorization to file Notice of
Completion with the
County Recorder (No staff report required).A2100.0 AGR-
4047)SUMMARY: Bid 012-46; SP-3332; NewportBoulevard Rehabilitation between Canyon
View Avenue and
White Oak Ridge. Contractor: R.I. Noble Company. Staff recommends
acceptance ofimproyements.ACTION: Accepted public work improvement, authorized release of Travelers Casualty and Surety Company. Bond
No. 83 SB 013851075 BCM, in the amount of $148,726.00,and
authorized the Mayor
and City Clerk to execute the Notice of Completion.FISCAL IMPACT: None.3.
11 Final Acceptance of Bid 012-17; SP-3375 Taft Branch Library
Remodel and authorization to file
Notice of
CITY COUNCIL MINUTES November 12,2002
3. CONSENT CALENDAR (Continued)
SUMMARY: Bid 012-17; SP-3375; Taft Branch Library Remodel.
Contractor: Klassic Engineering and Construction, Inc. Staffrecommends acceptance
of improvements.ACTION: Accepted public work improyement, authorized release of
Deyelopers Surety and Indemnity Company of Iowa. Bond No. 832089P in the amount of $720,000.
00, and authorized the Mayor and City Clerk to execute the Notice
of Completion.FISCAL IMP
ACT: None.3.12 Final Acceptance of Bid 012-45; SP-
3331-Chapman Ayenue Rehabilitation, between Lewis Street and Manchester Ayenue and authorization
to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 AGR-4046)SUMMARY: Bid 012-
45; SP-3331; Chapman Avenue Rehabilitation between Lewis Street and
Manchester Ayenue. Contractor:
RJ. Noble Company. Staff recommends acceptance of improyements.ACTION: Accepted
public work improvement, authorized release of Travelers Casualty and Surety Company of
Connecticut. Bond No. 103851074 in the amount of 242,409.30, and authorized the Mayor
and
City Clerk to execute
the Notice of Completion.FISCAL IMP ACT: None.3.13 Award of Contracts - Bid No. 023-
09; (I) Project No. SP-3390, AHRP Project -Hewes Street Rehabilitation
from Marmon Avenue to Chapman Ayenue; (2) Project No. SP-3391,
Prospect Street Rehabilitation from La Veta Ayenue to Chapman Ayenue; (3) and
SP-3392 - Yorba Street Rehabilitation
from Palmyra Ayenue to Chapman Ayenue. (A2IOO.0 AGR-4166)SUMMARY: The bids
were opened on October 17,2002. Seven (7) bidders responded to the invitation for bids. The apparent
low bidderis R. J. Noble Company of Orange for 671,458.41 for the total of the
three projects. The Engineer's Estimate is $812,175.00.ACTION: I)Awarded a contract in the
amount of $221,660.42 to R. J. Noble Company,15505 E.
Lincoln Ayenue, Orange, CA 92865 for Hewes Street Rehabilitation from Mannon Avenue
to Chapman Avenue (SP-3390), and authorized the Mayor and City Clerk to execute on behalf
of the City. 2) Awarded a contract in the amount of 287,858.94 to R.
J. Noble Company, 15505 E. Lincoln Avenue, Orange, CA 92865 for Prospect
Street Rehabilitation from La Veta Avenue to Chapman Ayenue (SP-3391), and authorized the Mayor and
City Clerk to execute on behalf of the City. 3) Awarded a contract in the amount
of $161,939.05 to R. J. Noble Company, 15505 E. Lincoln
Avenue, Orange, CA 92865 for Yorba Street Rehabilitation from Palmyra Avenue to Chapman Avenue (
SP-3392), and 4)
authorized the
CITY COUNCIL MINUTES Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted and are ayailable in the Capital Improyement
Program in the following accounts:
1) Hewes Street Rehabilitation from Marmon Ayenue to Chapman Avenue (SP-
3390)550-5011-483300-
3423 $113,802 AHRP 500-
5011-483300-3423 $
159.706 Capital Projects Total $273,508 2) Prospect Street Rehabilitation from
La Veta Avenue to
Chapman Avenue (SP-3391)550-
5011-483300-4029 $
181,955 AHRP 500-5011-483300-4029 $259.560 Capital Projects
Total $441,515 3)
Yorba Street Rehabilitation from Palmyra
Ayenue to Chapman
Avenue (SP-3392)
550-
5011-483300-3908 $ 88,133 AHRP 500-5011-483300-3908 $123.608 Capital Projects Total $211,741
Total $926,764 FACILITIES 3.14 Request to open and use the Main Library
and its parking
lot on Sunday afternoon,December 8, 2002, for an invitation-only
reception prior to the City's Tree Lighting Ceremony. (C2500.I)SUMMARY: The City of
Orange Public Library Foundation, Inc. (Library Foundation)seeks City Council authorization to open and use the Main Library
and its parking lot from 4:00 to 5:30 p.m. Sunday,
December 8, 2002. This would be for an invitation-only reception prior to
the
City's Tree Lighting Ceremony, to thank Library Foundation donors and supporters
and to promote the Library Foundation's Main Library Expansion Campaign.ACTION: Approved request and allowed Library Foundation use
of the
Main Library and its parking lot from 4:00 to 5:30 p.m. Sunday, December
8, 2002, for an invitation-only reception.FISCAL IMPACT: The cost of 1.5 hours' electrical
power usage at the Main Library is the only direct fiscal impact involyed. Indirectly, a
few staff members - e.g., the Library Director and Senior Librarians - will
adjust their
work schedulessothey
can
bepresent thatafternoon; nooyertime will
I
CITY COUNCIL MINUTES Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
FUND TRANSFER
3.15 Fund transfer to purchase report file label maker for Police Records Bureau
C2500.K)
SUMMARY: The label maker currently used by the Records Bureau for all police reports
is over 15 years old and can no longer be repaired. Staff would like to purchase a new
machine from Document Control Solutions in an amount not to exceed $5,259.
ACTION: Transferred $5,259 from 356-4011-481200-2313 (Police Locker
Room CIP) to account number 356-4013-471301 (Records-
Equipment) to purchase a label maker.FISCAL IMP ACT: After the transfer, sufficient funds
will
be
ayailable in account 356-4013-471301.GRANTS 3.16 Arterial Highway Rehabilitation Program (AHRP)
grant awarded to
the City of Orange H1200.A.1)SUMMARY: Amend
2002-2003 Capital Improyement Program Budget to include AHRP Grant projects awarded on September 9,
2002, to the City of Orange by
the Orange County Transportation Authority, and allocate funding.ACTION: Approve the addition
of four arterial highway rehabilitation projects to the City
of Orange 2002-2003 Capitallmproyement Program Budget as follows:I) Appropriated the following
from Fund 272 (Gas Tax 2105) unappropriated reserves to:272-5011-
483300-3224 $122,960 Glassell Street Phase I Rehab-Walnut Ave.
to Mayfair 272-5011-483300-3211 $ 89,269 Chapman Rehab AHRP 02-03-Loretta Dr. to
Hewes St.272-5011-483300-3223 $144,846 Garden Grove Blvd.-230 ft.
e/o
City Dr. to Park Vine St.272-5011-483300-3212 $ 99.
189 The City
Drive Rehab-Garden Grove to s/o SR-22 Fwy.456,
264 2) Appropriated the following from Fund 262 (Traffic Improvement, Measure M)unappropriated reserves to:262-
5011-483300-3224 $212,228 Glassell Street Phase I Rehab-Walnut Ave. to
Mayfair 262-
5011-483300-3223 $144,846 Garden Grove Blvd.-230 ft. e/o City Dr. to Park
Vine St.262-5011-483300-3212 $ 99.190 The City Drive
Rehab-
Garden
Grove
to
s/
o SR-
22Fwy.
456,264
3) Amended
the revenue budget
to reflect the expected receipt of$I,382,
500 from OCTA into 550-5011-264900 and
appropriated the following to Fund 550 (Reimbursable Capital Projects):550-5011-483300-3224
550-5011-483300-3211 550-5011-483300-3223 550-5011-
483300-3212
279,
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
Noyember 12, 2002
4) Authorized the transfer of $739,331.00 from Account No. 272-
5011-483300-3112 Arterial Street Maintenance) to Account No.
272-5011-
483300-3211 (Chapman Rehab.AHRP 02-03).FISCAL IMP ACT:
Upon completion ofrecommended appropriations and transfers funds
shall
be
available
in
the
following
accounts:
272-
5011-
483300-
3224
262-5011-483300-
3224 550-5011-
483300-3224 272-
5011-483300-3211
550-5011-483300-
3211 272-5011-
483300-3223 262-
5011-483300-3223 550-
5011-483300-3223
272-5011-483300-
3212262-5011-
483300-3212 550-5011-
483300-3212 122,
960.00 212,
228.
00 279,324.
00
828,600.00
696,450.00
144,
846.00 144,
846.00 24
I ,
410.00 99,189.00 99,190.00 165,316.00 3,034,359.
00 Gas Tax 2105)Measure M Turnback)OCTA)Gas Tax 2105)OCTA)Gas
Tax 2105)Measure M Turnback)
OCTA)Gas Tax 2105)Measure M Turnback)OCTA)3.17 Authorization to appropriate $
27,500 in federal matching grant funds for the Historic Orange
Preseryation Online local history project and to amend the City's revenue
budget accordingly. (C2500.I)SUMMARY: Orange Public Library has been awarded the final $
27,500 in federal Library Services and Technology Act matching grant funds for Historic Orange
Preservation Online (HOPO). The grant will expand Orange Public Library's Local History website
online to provide public access to information and images of the agricultural industry in Orange, the
City's inventory of the 1,237 historic homes and businesses
in the Old Towne Orange Historic District, and Eichler
homes in Orange. The Council accepted and allocated the initial $21,500
of this grant money at its October 22,2002, meeting.
City Council authorization is needed to appropriate the remaining 27,500 and
to amend the reyenue budget accordingly.ACTIONS: (1)
Amended revenue budget to add $27,500
from Historic Orange Preservation Online grant funds (
to Account No. 100-2011-261500-9930); and (2)Appropriated $27,500 in
Historic Orange Preservation Online grant funds as follows:12,600 to 100-
2011-426700-9930 (Other Prof & Contractual Services)5,900 to 100-2011-441101-9930 (
General Office
CITY COUNCIL MINUTES November 12, 2002
3. CONSENT CALENDAR (Continued)
27,500. The total grant application - a $73,865 yalue requiring 1/3 local match -includes $17,
865 of in-kind contributions from our Library, e.g., the estimated yalue of Library
staff time. Because this project is one of the Main Library's major workplan objectives
for FY 02-03, that staff time has been planned in existing workloads. The
4,500 previously accepted and allocated on October 22, 2002, for appropriation partially
offsets that $17,865.
PURCHASES
3.18 Purchase of Police Department uniforms and accessories from Carmen's Uniforms,
Inc. through a cooperatiye purchasing agreement. (C2500.K)
SUMMARY: This is a request that the City Council authorize purchase of uniforms and
accessories from Carmen's Uniforms, Inc. through a cooperative purchasing agreement in
the amount of $40,000.
ACTION: Authorized purchase of Police Department uniforms from Carmen's Uniforms,
Inc. in the amount of $40,000.
FISCAL IMP ACT: Sufficient funds in the amount of $40,000 are budgeted and available
in Acct No. 100-4011-441300, Uniforms
and Clothing.3.19 Purchase one (1) Toro 580-D GroundmasterMower. (
C2500.M.4)SUMMARY: Purchase one (1) Toro 580-0 Mower from Turf
Star under a GSA agreement #GS-00F-0087M to replace current unit number
740, a 1988
mower, in the Community Services Department.ACTION: I) Authorized purchase of a Toro 580-0
Mower from Turf StarInc. in the amount of $62,861.46, pursuant
to GSA Agreement No. GS-00F-0087M, and 2)Authorized the City Manager to
declare the replaced mower
surplus and dispose of the equipment at an auction.FISCAL IMPACT:
There are
sufficient funds in account No. 720-5023-472102 Motor Vehicle Replacement.3.20
Purchase of a Financial System
Unix Seryer Replacement through a cooperatiye purchasing agreement. (C2500.J.2)Note:
Mayor Murphy abstained on this item due to an
employment conflict.SUMMARY: Approye purchase under CMAS (California Multiple Award Schedule)Contract
No. 3-94-70-0011 in the amount of $59,
500 from
Systems
CITY COUNCIL MINUTES Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the purchase of the file server equipment and installation in the
amount of$59,500 from Systems Technologies Associates.
FISCAL IMPACT: Sufficient funds in the amount of $59,500 are budgeted in Account
No. 790-1601-481303-9640 (
MIS-
Computer Replacement)RESOLUTIONS 3.21 RESOLUTION NO. 9663 (
C2500.M.4)A Resolution of the City Council of the City of Orange authorizing
the application for grant funds pursuant to the Per Capita Grant Program under
the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000 for certain eligible projects within the
City of
Orange.ACTION: Approved.3.22 RESOLUTION NO. 9675 (C2500.
M.4.9)A Resolution of the City Council of the City of Orange authorizing
an application for block grant funds for the rehabilitation of certain improvements at Hart
Park from the Roberti-Z'berg-Harris Urban Open Space and Recreation
Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air and
Coastal Protection
Bond Act of2000.ACTION: Approyed.3.23RESOLUTION NO.
9671 (C2500.J.5.4)A Resolution of the City Council of the City of
Orange authorizing the destruction of certain city records as provided by Section 34090 of the Goyernment
Code
of the
State of California.ACTION: Approved.3.24 RESOLUTION
NO. 9672 (C2500.J.4)A Resolution of the City Council of the City of
Orange regarding
the 2002
Christmas Holiday Closure.ACTION:
Approyed.REMOVED AND HEARD SEPARATELY)3.25
RESOLUTION NO. 9673 (C2500.E)A Resolution of the City Council of the City of Orange
authorizing the City Manager to accept certain donations
on behalf
ofthe
City.
PAGE 10T.-.----.---------.---------..
CITY COUNCIL MINUTES Noyember 12, 2002
3. CONSENT CALENDAR (Continued)
Councilmember Cayecche asked this item be continued for further study.
MOTION - Cavecche SECOND -
Alyarez AYES - Slater,
Alyarez, Mayor Murphy, Coontz, Cavecche ACTION: Continued to
Noyember 26,2002 Council meeting.3.26 RESOLUTION
NO. 9674 (C2500.M.16.1 LLN 2002-09)A Resolution
of the City Council of the City of Orange approying Lot Line Adjustment LL 2002-
09 adjusting lot lines of certain real property situated at 461 and 462 N. Carlisle Place
in the City of Orange, County of Orange, State of California.Owners:
George Adams and Brent Sepulyeda.ACTION:
Approved.3.
27 RESOLUTION NO. 9678 (S4000.S.4)A
Resolution of the City Council of the City of Orange temporarily closing sections of Glassell
Street and Chapman Ayenue immediately abutting the Plaza area of the downtown
business district for an approved special event.December
8, 2002 - Tree Lighting Ceremony ACTION: Approved.
3.28
RESOLUTION NO. 9679 (S4000.S.3.IO)A Resolution
of the City Council of the City of Orange changing the title and description of Capital1mproyement
Project No. 6456, (Street Lights: Conversion to City Owned) to Installation of
Safety Lighting.ACTION: Approyed.
MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cayecche Councilmember Coontz and Councilmember Slater
abstained on Item 3.3.Murphy abstained on Item3.
20. Item 3.25 was removed and heard separately.items on the Consent Calendar
were approved as recommended.Mayor All other END OF
CONSENT
CALENDAR PAGE
11
CITY COUNCIL MINUTES Noyember 12, 2002
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS TAPE 840 5.
1 Mayor Murphy and Councilmember Slater - Direct the Park Planning and Deyelopment Commission
to proyide a recommendation on opening of a dog park on a temporary basis
at Yorba Park.Councilmember Slater
stated it was not his intent to direct the Park Planning and Development Commission to
approye the opening of a dog park and to subvert any process with regard to the environmental report
or public comments. The Park Commission has been asked to look at Y orba
Park in is entirety, but preliminary estimates for development of that park are approximately $1.
8 million, and those funds are not ayailable at this time. Currently, the park is not being
used at all, and before the Park Commission meets on December 12th, he would like to ask the
Commission to look at opening a dog park on a temporary basis so there can be some utilization of
the park in the interim. This is to be done in consideration of the enyironmental process and
with public comments. The Commission will also look at other temporary uses and come back
to the Council with a recommendation.Mayor Murphy
noted the dog park debate seems to come down to pro-location and anti-location,
and would like to ask the Park Planning and Development Commission to look at interim uses or
the potential for doing something more quickly than what it would take to do a multi-
million dollar project. A dog park needs to be carefully examined, but the Commission needs to look
at all possible interim uses, such as picnic space and fields. He did not want to see a project
be recommended in its entirety and then be sent back and forth between the Commission and
the Council because of a lack of funding, but would rather give the Park Commission all the
tools ayailable to develop even a portion of the
park.Councilmember Coontz expressed concern that promises were made to the Dog
Park Association, and if promises were made, the City needs to at least look at the feasibility of a
dog park. She agreed with the suggestion of a temporary use as she did not want to see Yorba
Park sit yacant for a long time. She commended the Park Planning and Development Commission
for the work they do and agreed the Commission should perhaps look at the park in a different
way.Mayor pro tern Alvarez stated it was his recollection the Council never made a
definite commitment that a dog park would be at Y orba Park; and he did not feel the Council
should comment on the site until the environmental documentation has been completed and been
made ayailable for reyiew. He also stated the City does not haye the discretionary funds to
proceed with any park at this location at this
time.Public Comments TAPE
1330 Mary Dargatz, 2534 E. Burly, stated that directing the Park Planning and
Deyelopment Commission to look at even a temporary use is an action and should not be done before
the environmental documentation is complete; and expressed concern that a temporary use
will become a permanent use. She submitted her written comments for the
record.PAGE
12 T---
CITY COUNCIL MINUTES Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Jerry Carroll, 354 S. Tracy Lane, stated this action seems to be a way of circumyenting the
process; noting the public has always been told that no action would be taken until the process
was complete, and asked for no action until the environmental document is released.
Suzanne Counts, 247 S. Rosalind Driye, expressed concern about funding for the park. She
stated the nearby residents received notices about the December Ith Park Commission meeting,
and any action at this time would be circumyenting that process.
Roger Bonzer, 2548 E. Burly, asked the Council to wait for the enyironmental document to be
released and asked if a temporary use would have an end time and if this was the only location
being considered for a temporary use.
Thomas More, 209 Calle Aha, stated development of the entire park may neyer come about
because of the lack of funding, and applauded the Council for doing something rather than
nothing.
Jerry Rickrneyer, 2535 E. Burly, stated once a temporary use is in place, it will be difficult to
take it away, and did not like the idea ofa single use for such a large piece of property.
Rick Cryder, 307 S. Wrightwood, stated the park has been closed since August 1998 and would
like to see it reopened; and it is a good idea to use private dollars to help with a public park.
Council Comments
Councilmember Coontz noted the enyironmental documents would be released Friday,
November 15th and the Park Planning and Deyeloprnent Commission meets on December 12th.
Mayor Murphy noted a temporary use would just be an additional option for the Park
Commission to consider rather than an all or nothing plan, and it is not the Council's intent to
ignore or circumyent the process. He clarified the wording on the Agenda so as not to raise
concerns of this being a single item issue, as much as it is a process issue, to make sure the Park
Commission is equipped with everything they need to move forward.
The City Attorney addressed concerns about the process. He stated all that is being considered
right now is for the Park Planning and Development Commission to take a look at the park and
include in their recommendations whether or not an interim use would be appropriate, noting that
any proposed mitigation measures in the enyironmental document would be implemented eyen
for a temporary use. He cited the similarities between this and Grijalva Park which was done in
phases because of a lack of funding.
In response to questions by Councilmember Cavecche, the City Attorney further stated the Park
Planning and Development Commission could recommend interim uses on their own, but if the
Council asks the Commission to consider those uses, then the Commission is directed to respond
to the Council.
PAGE 13
CITY COUNCIL MINUTES Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz noted there have been interim uses on other park sites in the past; and
emphasized that the process is in place. She suggested the Park Commission look at interim uses
and maybe none of the items discussed will be recommended if they are not supported by the
enyironmental documents, and there will be plenty of time to respond to the environmental
documents.
Mayor pro tern Alvarez stated that more appropriate wording for the Agenda should have been to
direct the Park Planning and Deyelopment Commission to look at individual uses that are being
proposed for Yorba Park; and then direct that the ErR, which is coming forward, be sent to the
Commission first so they can look at the uses and the EIR and apply the information from that
document.
Councilmember Coontz asked for clarification on the EIR as it was her understanding that the
EIR addresses yarious uses for Y orba Park and how they would affect the surrounding area.
Howeyer, other issues such as the school, YMCA and traffic are separate issues.
The Community Deyelopment Director stated what is being prepared is an environmental
assessment and a draft mitigated negative declaration. In terms of adjoining uses, while the
environmental document does not haye to fully consider them, and the City does not have to
mitigate them, the document does discuss the adjoining uses and the impact they have on the
existing park site; and makes some suggestions as to whether or not the school district is fully
handling their traffic. It is not part of the park project to mitigate for that surrounding use.
Councilmember Slater clarified that he does not want to propose anything that the City does not
haye the money for; rather to consider temporary uses and not specifically what those temporary
uses should be.
Councilmember Cayecche expressed concern that a vote against this item would be perceiyed as
a vote against the dog park, which is not true in her case. Howeyer, it is important to note that it
is being perceiyed that the Council is getting involved in a process just a few weeks before they
should. She understands the point in directing the Park Commission to consider temporary uses,
but belieyes the Park Commission should look at this project and trusts they will come forward
with possible uses after looking at the environmental documents.
For the record, Councilmernber Cavecche is yery supportiye of a dog park in the City of Orange
and has spent the last 18 months with the Edison Company and with the Water District,
desperately trying to get a dog park opened. However, she could not support this at this time.
MOTION - Slater SECOND -
Murphy AYES - Slater,
Alyarez, Mayor Murphy, Coontz NOES - Cayecche PAGE
14 T---~-~--
CITY COUNCIL MINUTES Noyember 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to direct the Park Planning and DeYelopment Commission, upon a thorough reyiew ofthe
environmental documentation and upon thorough public input, to proyide a recommendation on
not just the entire master plan of Y orba Park, as they are currently planning to do, but also
consider potential temporary uses at Y orba Park.
NON-AGENDA
ITEM Councilmember Coontz and Slater thanked all those inyolved with the Noyember
II
th
Veterans Day celebration and Council agreed this be calendared as an annual
event.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER 8.
1 Presentation of the Fourth Quarter 2001-2002 Budget Report for the period July I,
2001 through June 30, 2002. (C2500.EA)
SUMMARY: This Fourth Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress toward the achieyement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
The Assistant City Manager provided a brief report.
The Council stated the City is being run in an efficient manner and appreciated the hard work by
all the departments.
MOTION - Murphy SECOND -
Alyarez AYES - Slater,
Alyarez, Mayor Murphy, Coontz, Cayecche ACTION: Received and
filed the Fourth Quarter 2001-2002 Budget Report.9. LEGAL
AFFAIRS 9.1
ORDINANCE NO 13-02 (FIRST READING) (A2500.0 Campaign Contributions)An
Ordinance of the City Council of the City of Orange amending Section 2.10.020 and Rescinding
Section 2.1O.050C of the Orange Municipal Code pertaining to Campaign Contribution
Limitations.PAGE
15
CITY COUNCIL MINUTES Noyember 12, 2002
9. LEGAL AFFAIRS (Continued)
MOTION - Slater SECOND -
Cayecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cayecche Moved, with regrets
and under protest, that Ordinance No. 13-02 be read by title only and same was set
for second reading by the preceding yote.10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed at 6: 10 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel ~ Significant exposure to litigation pursuant to Goyemment Code Section
54956.9(b). One potential case, Orange Unified School District redeyelopment tax claim.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.7:00
P.M. SESSION 12. PUBLIC
COMMENTS - None.13. PUBLIC HEARINGS
TAPE 2900 13.1 ORDINANCE
NO. 14-02 - EXTERIOR PAY TELEPHONE FACILITIES A2500.0 Telephones,
Public)Time set for
public hearing to consider adoption of Ordinance No. 14-02 (first reading), adding Chapter 5.
81, Exterior Pay Telephone Facilities, to the Orange Municipal Code to establish placement, maintenance
and operational standards for exterior pay telephones.This project
is categorically exempt from the provisions of the California Enyironmental Quality Act per
State CEQA Guidelines Section 15305.The Community
Deyelopment Director proyided a summary of the report, noting there are no controls currently
for the installation of pay telephones, either for placement or for the collection of reyenue.
The pay phone industry has reyiewed this Ordinance and there will be a two year amortization period
for conformance to this Ordinance.PAGE 16
CITY COUNCIL MINUTES November 12, 2002
13. PUBLIC HEARINGS (Continued)
Council Ouestions
Mayor pro tem Alyarez asked if there was an inyentory of phones which do not meet these new
regulations, if notices were sent out, and if there is any standardization of what types of phones
will be approyed.
The Community Development Director stated individual notices did not go out, but staff did
meet with representatives from pay phone proyiders and with Pac Bell. Staff did a cursory
reyiew of pay phones throughout the City and many will probably not meet the criteria. Major
providers will be sent a letter with the new regulations. This Ordinance does not fully dictate the
design of pay phones or require compliance with Old Towne standards, but deals more with
safety features and in making sure they are not nuisances.
Councilmember Slater stated that seyeral years ago he saw pay phones being installed
everywhere with no regulations in place; and complimented staff for their efforts in putting this
Ordinance together. He asked about placement of phones on public and private property.
The Community Deyeloprnent Director stated a pay phone can not be located within front
setback areas or required landscaped areas, and can not be located in such a manner so that
people waiting to use it would cause a nuisance by spilling onto a public right-
of-way.Councilmember Coontz stated safety is the main issue and suggested the City needs
to also adhere to these regulations with City
pay phones.MAYOR MURPHY OPENED THE
PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE
PUBLIC HEARING MOTION -
Slater SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cayecche Find
the Ordinance categorically exempt from the proyisions of the California Enyironmental Quality
Act per State CEQA Guidelines Section 15305.ORDINANCE
NO. 14-02 (FIRST READING)
An Ordinance of the City Council of the City of Orange adding Chapter 5.81 to the Orange
Municipal Code establishing regulations for exterior pay telephone facilities.
MOTION - Slater SECOND -
Alyarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche PAGE 17
CITY COUNCIL MINUTES Noyember 12, 2002
13. PUBLIC HEARINGS (Continued)
Moved that Ordinance No. 14-02 be read by title only and same was set for second reading
by the preceding
vote.TAPE
3250 13.2 GENERAL PLAN AMENDMENT 2002-01, ZONE
CHANGE 1213-02,CONDITIONAL USE PERMIT 2413-02, VARIANCE
2109-02, MAJOR SITE PLAN REVIEW 227-02,
MITIGATED NEGATIVE DECLARATION 1695-
02 TRICO REALTY e2S00.E. GPA 2002-01)Time set for public hearing to allow development of a
97,360 sq. ft. medical office building and the relocation of a residential structure on a 2.25 acre site
addressed as 411 to 421 S. Batayia and 802 W.
Culver Ayenue within the Old Towne Historic District.General Plan Amendment 2002-01
to change the land use designation from
low medium residential to office professional on Batavia Street.Zone Change No. 1213-02
to change the zoning from R3 (multi-family residential)
and R2 duplex residential) to OP (Office Professional) on Batavia Street.Conditional Use Permit No. 2413-02 to
allow a two story building height of 32
feet for the new medical office building in the Old Towne District;Variance No.
2109-02 to reduce the required perimeter landscaping by two feet from the required eight feet to six feet
and to waiye
the required 60 feet of loading area for the medical office proj ect.Major Site
Plan Review 227-02 to approve the
project Master Plan and relocate a historic structure from Batayia Street to Culver
Ayenue.Mitigated Negative Declaration 1695-02 has been prepared for this project in
accordance with the
proyisions of the California Enyironmental Quality Act per State CEQA Guidelines Section 15070
et. seq.The
Community Deyelopment Director reyiewed
the site plan, elevations and the General Plan and zoning designations.Council Ouestions TAPE
3445 Councilmember Cayecche asked about the coating on the tilt up building, and screening the mechanical
equipment on the roof to make sure the
maximum height of the equipment is no taller than the minimum
height of the parapet.The Community Deyelopment Director stated the Planning Commission recommended that the
particulars of the coating treatment go back to the Design Reyiew Committee for final approyal.The plans
also indicate that the equipment
is below
the heightof the
CITY COUNCIL MINUTES November 12, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how this building relates to other medical buildings in the area;
and stressed the importance of proyiding breaks in the perimeter landscaping for pedestrian
access from one building to another with clear directions to the medical offices. She also asked
about the fayade at the entrance to the buildings.
The Community Development Director stated the fayade at the entrance pops out approximately
two to four feet and it did go through the Design Review Committee; and suggested the applicant
address the issue of pedestrian access.
Mayor pro tern Alyarez asked about the variance for landscaping reduction and if it would set a
precedence for the landscaping on the property to the north.
The Community Development Director stated the Variance should not set a precedence for the
lot to the north. The subject site does have additional trees and landscaping in front and the
yariance takes into account the parking requirements.
Applicant TAPE 3750
Mike Harrison, Applicant, 201 Paularino, Costa Mesa, submitted samples of the texture coating
for the building. He stated the tilt up construction provides a good quality and will be built in a
way that is consistent with the Spanish Colonial Reyiyal architecture. The architectural features
of the building will also be appropriate for Old Towne.
For screening the equipment, the parapet height on the building will be aboye the top level of the
air conditioning equipment. This is accomplished by sloping the roof down towards the center of
the building in a few locations in order to proyide that screening element, which ayoids having to
add extra screening which would not be as compatible with the Old Towne design.
With regard to access, the building is fairly distinctive which will help with identification There
will be no fence between this project and the Batayia Woods development to the south and east.
They will offer some opportunities for pedestrian access, but it is not a formal part of the plan.
The Applicant is not anticipating an additional landscape variance for the lot to the north, and
they intend to use that lot for an expansion of the Ronald McDonald House.
Also, the house that is being moyed will be sold for residential purposes.
Council Comments
Councilmember Coontz stressed the importance of pedestrian access and asked if the applicant
would be willing to add reciprocal pedestrian access between his project and the adjacent
buildings.
Mr. Harrison stated he was not sure how to do this in a formal way.
PAGE 19
T
CITY COUNCIL MINUTES Noyember 12,2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director stated there are no walls surrounding the property, just
landscaping. She suggested a condition that the applicant try to obtain something from the
adjacent property owners as to whether they are agreeable to a pedestrian access, but if the
adj acent owners are not, the question then arises if this proj ect should be held up for that reason.
Mr. Harrison stated they can put the appropriate access up to their property line.
Mayor pro tern Alvarez asked about the texture coating, expressing concern about a stucco
texture in Old Towne, which looks more like a tract house stucco and not something that
conforms to Old Towne design guidelines. He asked if there are guidelines for the use of stucco.
Mr. Harrison reiterated this coating is subject to going back to the Design Review Committee for
final approval. Previous discussions with the Design Review Committee were that the
Committee did not want a smooth appearance of concrete, and yet they also did not feel it
necessary to impose a plaster surface.
The Community Development Director stated the Design Reyiew Committee has not yet seen
the texture coating samples submitted by the applicant; and the Planning Commission
recommended there be some texturing of the building and the details of that go back to the
Design Reyiew Committee. The Design Reyiew Committee is familiar with what this type of
building should look like and will be looking for samples of materials to meet those standards.
Note: Mayor Murphy left the meeting at 7:35 p.m. to attend a business meeting out of State.
For the record, Mayor pro tern Alvarez asked the Design Review Committee to come up with an
idea, looking at historic buildings with plaster or stucco, and try to bring that into a
recommendation for the applicant, so that historically, the building meets those standards. He
cited examples of the Woman's Club on Center Street, Chapman Uniyersity before their front
buildings were re-done and the Post Office on West Chapman. He asked the Design
Review Committee to consider historic buildings of that type of
material.Mr. Harrison stated it was their intent to mimic the style of St. Joseph Hospital to add
character to the
building.Councilmember Slater stated he liked the project, but agreed the texture needs to be a
heavier material and not look
cheap.Councilmember Cayecche also expressed concern with the texture and asked about the
insulation being used for the parapet. She was also glad the sycamore trees were being sayed at
the entrance to the project. This project will fit into the area very nicely, but she would not
have been inclined to approve this project if the Ronald McDonald House were not there, as
the Ronald McDonald House is a good transition into the residential
area.PAGE
20
CITY COUNCIL MINUTES Noyember 12, 2002
I3. PUBLIC HEARINGS (Continued)
For the record, Councilmember Cavecche, stated she hoped the Design Reyiew Committee is
yery serious about taking a look at what is appropriate for a building in the Old Towne area. She
wanted to ensure that the roof top equipment is screened and asked for a stipulation that the
maximum height of the equipment is never greater than the minimum height of the parapets as
well.
Councilmember Coontz asked about requirements for screening mechanical equipment, and if it
is a continuing problem, then it needs to be emphasized at DRC.
The Community Deyelopment Director stated the code does require screening for roof top
equipment, but styles can differ greatly from one project to another.
MAYOR PRO TEM ALVAREZ OPENED THE PUBLIC HEARING
Janet Crenshaw, 400 Block North Shaffer, representing the Old Towne Preservation Association,
stated they have worked with this applicant and support the project.
MAYOR PRO TEM ALVAREZ CLOSED THE PUBLIC HEARING TAPE 4525
Mayor pro tern Alyarez thanked the Applicant for saying the trees and the house.
Councilmember Coontz stated that if the Ronald McDonald House moves onto the property to
the north, they need an area for the children to play and hopefully any enlargement of the area
will improve the current facility and its use.
MOTION - Cavecche SECOND -
Coontz AYES - Slater,
Alyarez, Coontz, Cayecche ABSENT - Mayor Murphy
Adopted MitigatedNegatiye Declaration
No. 1695-02 MOTION - Cavecche SECOND -
Coontz AYES - Slater,
Alyarez, Coontz, Cayecche
ABSENT - Mayor Murphy Approyed General Plan
Amendment 2002-01, Zone
Change 1213-02, Major Site Plan Reyiew 227-02, Conditional Use Permit
2413-02 and Variance 2109-02 as contained in Planning Commission Resolution
No. PC 37-02; with the addition that the applicant explore possibilities of
a pedestrian pathway with the approyal of the owners and managernent of Batayia Woods;that
the maximum height of the mechanical equipment be no greater than the minimum height of PAGE
21 1
CITY COUNCIL MINUTES Noyember 12, 2002
13. PUBLIC HEARINGS (Continued)
the parapet; and that the Design Reyiew Committee take into consideration the Council
discussion, as indicated in the Council Minutes, for the texture of the building and that the
texture be suitable and compatible with Old Towne Design Guidelines for buildings of this sort,
as the Council is not agreeable to the texture samples presented.
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche The City Council adjourned
at 7:50 p.m.C!utAl~&~/AVOC CASSA."~'
DRAJ THCART,
CMC CITY CLERK PAGE 22