HomeMy WebLinkAbout7_9_2002 - Council MinutesAPPROVED BY CITY COUNCIL ON JULY 23,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 9, 2002
The City Council of the City of Orange, California convened on July 9, 2002 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 Helen Walker, Soroptimist International
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Outstanding Planning Award for the Plaza Preservation Plan from the Orange County
Chapter of the American Planning Association - was presented by Adrienne Gladson, 2002
OCAP A Award Chair.Members of the
Plaza Citizens Committee were recognized: Judy Schroeder, Randy Bosch, Susan Secoy (
present), David Hart, Carol Walters (present), Hank Mascolo present), Mike Escobedo,
Bill Cathcart, Brady MacDonald, Joan Crawford, Adrienne Gladson. Staff who
worked on the project were also recognized: Anna Pehoushek,Roger Hohnbaum, Frank
Sun, Jerry Bailey, Dave Stuetzel, Tara Finnigan, Gabe Garcia.Mayor Murphy announced
the Council will adjourn in memory of Fire Chief Emeritus Floyd Higgins, who
recently passed away.2.PUBLIC COMMENTS
TAPE 430 Jeff Gorman, Orange
High School Aquatics Director, asked for support for the Orange High School water
sports programs and distributed fliers for sponsorships.John Whiteriver, 194
S. Pixley, American Legion Post 132, spoke on a proposed Veterans Day celebration
on November II, 2002 and that it should be a joint venture between the City
and the American Legion.Raymond Goss, 425
S. Lilac, American Legion Post 132, spoke in support of an event to commemorate September II
t\ but asked that it be held at a location other than Depot park and the
Veterans Memorial, as that should be reserved for the Veterans Day celebration.PAGE 1
CITY COUNCIL MINUTES July 9, 2002
2. PUBLIC COMMENTS (Continued)
Carole Walters, address on file, spoke on problems with barking dogs and suggested
there needs to be a law on barking dogs which is enforceable by the Police Department.
3.CONSENT CALENDAR TAPE 780
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.
REMOVED AND HEARD SEPARATELY)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 9, 2002. Page 2 was omitted from the agendas
posted at the Main Library at 101 N. Center Street, the Police Facility at 1107 North
Batavia and Shaffer Park. The complete Agenda was posted at Orange Civic
Center, 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.Mayor Murphy announced that due to a printing error, page 2 was missing from
the Agendas posted at the Main Library, the Police Department and Shaffer Park; and it
is recommended that Item3.1 be adopted as amended and Council continue Items 3.2
and 3.3 to the next Council
meeting.MOTION - Murphy
SECOND - Cavecche AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Accepted
Amended Declaration of Agenda Posting and authorized its retention as
a public record in the Office ofthe City Clerk.REMOVED AND
HEARD SEPARATELY)3.2
Request Council Confirmation of warrant registers dated June 20 and 27, 2002.MOTION - Murphy
SECOND - Cavecche AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche ACTION:Continued to July 23,
2002.PAGE 2
CITY COUNCIL MINUTES July 9,2002
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.3 Request approval of City Council Minutes, Regular Meeting, June 25, 2002.
MOTION - MurphySECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:Continued to
July 23,2002.3.4 Consideration
towaive reading in full of all ordinances on the Agenda.ACTION:Approved.AGREEMENTS
3.5
Memorandum
of Understanding with the City of Anaheim for the installation of Landscaping and Irrigation
Improvements in the vicinity of The City Drivel 1-5 interchange. (A2100.
0 AGR-4042)SUMMARY:
The City of Anaheim has secured TEA-21 grant funding and under
agreement would perform as lead agency in the installation oflandscaping improvements
within the jurisdictions of Anaheim, Buena Park, Fullerton and Orange. The total cost of
improvements within the City of Orange is $303,384. The City's portion of funding is
164,578 to match $139,256 in TEA grant funds.
ACTION: Approved the Memorandum of Understanding with the City of Anaheim, as a
responsible agency under the California Environmental Quality Act (CEQA) and after
consideration of the action taken by the City of Anaheim under both CEQA and the
National Environmental Policy Act (NEPA); and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: The agreement requires matching funds in the amount of $164,578.
Funds are to be provided by the City's Redevelopment Agency. A separate funding
agreement has been prepared for approval to fund agreement requirements.
3.6 Agreement between the City of Orange and the City of Villa Park for Wanda Road
Rehabilitation from Katella Avenue to Santiago Boulevard. (A2100.0 AGR-
4043)SUMMARY: The Cooperative Agreement between the City of Orange and the City
of Villa Park establishes the funding and respective responsibilities of each agency for
the rehabilitation of Wanda
Road.ACTION: Approved the Cooperative Agreement and authorized the Mayor and
City Clerk to execute on behalf of the
City.PAGE
CITY COUNCIL MINUTES July 9, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds have been allocated in Fiscal Year 2002/2003 in the following
accounts:
500-
5011-
483300-
4021 550-
5011-
483300-4021
550-5011-
483300-4021
Capital Projects
AHRP VillaPark
140,101 182,132 107.136 429,369 Total 3.7 Third Amendment
to Agreement No. 3580 with the Community Services and
Library Foundations concerning a fundraising opportunity during
the 2002 International Street Faire. (A2100.0 AGR-3580.3)
SUMMARY: Agreement No. 3580 from August 2000, and two subsequent
Amendments, allow the non-profit Community Services and Library Foundations to operate pay
parking lots on designated City property during the International Street Faire.This Third Amendment
would raise the per-stall or per-vehicle parking charge to $7.00 from $5.00),
as of the 2002 International
Street Faire. All other terms of the original five-year agreement would remain
unchanged.ACTION: Authorized a Third Amendment to Agreement No. 3580 to raise the parking charge to $
7.00 per parking
stall or per vehicle in designated City-owned lots during the 2002 International
Street Faire.FISCAL IMPACT: Because the Foundations will reimburse the City for staff costs (if any)
associated with the use ofthe parking lots as a fundraiser, there is no
fiscal impact.3.8 Award of a Consultant Services Agreement to Alliance
Acoustical Consultants, Inc.,
for East Chapman Avenue Noise Study from Cannon Street to Newport Boulevard.A2100.0
AGR-4044)SUMMARY: This contract provides for the study of traffic generated
noise on three legs of East Chapman Avenue in the following order: Equestrian Drive to
Newport Boulevard, Cannon Street to
just east of Canyon View Avenue, and just east of Canyon View Avenue
to Equestrian Drive.The study will measure existing exterior and interior noise levels
within several hundred feet of the roadway, examine possible noise level
increases due to projected traffic volume increases, review possible noise abatement
methods and their effectiveness, and review the results with the respective
homeowners associations and individual residents.ACTION: Approved Consultant Services Agreement between the City of
Orange and Alliance Acoustical Consultants, Inc., in the amount of $58,100.00
and authorized the Mayor and City Clerk to execute the Agreement on
behalf of the City.FISCAL IMPACT: Funds
are budgeted
and available
CITY COUNCIL MINUTES July 9,2002
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.9 Approval of Fifth Amendment to Consultant Agreement with Shaw Environmental
and Infrastructure, Inc., for Yorba Park methane gas monitoring.
A2100.0 AGR-3139.
5)SUMMARY: The County of Orange Local Enforcement Agency (LEA) has required
the City of Orange to monitor methane gas generated from the closed Yorba Landfill
located at Yorba Park. Costs to provide the required weekly monitoring through August 2002
are estimated at approximately $70,
000.Mayor Murphy announced an amendment is necessary as this agreement is with
IT Corporation, not Shaw Environmental, as noted on the
Agenda.Mayor pro tern Alvarez asked that the Council be provided with updated reports on
the Yorba Park methane gas
monitoring.Councilmember Coontz pointed out this was not the first time this agreement has
been before the Council, as was reported in the
press.MOTION - Slater
SECOND - Coontz AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche MOTION: Approved
the Fifth Amendment to Agreement No. 3139 with IT Corporation,and authorized
the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT:
If approved, the Fifth Amendment will be funded in the following accounts:Account
No.
100-7001-426700 (Other Professional & Consulting Services)
500-5011-485100-3051
Yorba Park Methane
52,000.00
18,000.0070,
000.00 Total 3.10
CLAIMS (C3200.0)The City Attorney recommends that the Orange City Council
deny the following Claim(
s) for damages:a. Interinsurance Exchange
ofthe Automobile Club
b. Sandra Giannoble c.
Gary T. Blankenhorn ACTION: Denied Clairn(s) for damages and referred to City
Attorney and
CITY COUNCIL MINUTES July 9,2002
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award a construction contract to Works Striping & Marking Service, Inc. of West
Covina for installation and replacement of raised pavement markers at various
locations in the City of Orange (Bid No. 012-51). (A2100.0
AGR-4045)SUMMARY: The proposed raised pavement markers will improve the
safety and efficiency of traffic flow. Four proposals for these improvements were
received. Works Striping & Marking Service, Inc. located at 1122 Azusa Canyon Road, West
Covina, CA 91790, submitted the lowest responsible bid in the amount of$48,
036.00.ACTION: Awarded a contract to Works Striping & Marking Service, Inc. in
the amount of$48,036.00 and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds for this project are available utilizing Gas Tax Funds
in the Installation of Raised Pavement Markers Account
No. 272-5032-485100-4906.3.12 Notice of Completion and Acceptance for retrofitting
traffic signals with red, yellow and green LED units city wide by Baxter-Griffin Co.,
Inc. of Stanton on May
22,2002. (No staff report required.)SUMMARY: On May 29,2001, the City Council
awarded a contract for the installation of light emitting diode (LED) traffic signal heads. Such
work has been completed to the satisfaction of the City Engineer. The final cost of
the project
was $105,605.
01.ACTION: Approved.FISCAL IMPACT: None.3.13 Award of Contract - Bid No.
012-45; SP-3331; Arterial Highway Rehabilitation Program - Chapman Avenue
Pavement Rehabilitation from Lewis Street
to Manchester Avenue. (A2100.0 AGR-4046)Approve Contract Change Order
No. 1 for additional ADA Wheelchair Access Ramp construction at northeast
corner of Chapman Avenue and Lewis Street.SUMMARY: The bid opening was held on May
29, 2002. Five (5) formal bids were received for this project ranging from $242,409.30 to $
265,561.45. R.I. Noble Company was the apparent low bidder. The
rehabilitation for the project includes traffic control,cold milling asphalt, asphalt concrete
deep lift, asphalt concrete overlay, removing and replacing curb and gutter,
water valve and manhole adjustments, surveying well monument adjustments, and all
appurtenances, traffic loop detectors, signing, striping and all pavement markings required,
including all labor and equipment necessary for
completion of work; and traffic signal interconnect.ACTION: 1) Awardeda contract in theamount of $242,
409.30 to R.I. Noble Company,1550 E. Lincoln Avenue, Orange, CA 92856
and authorized
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
July 9,2002
Clerk to execute on behalf of the City. 2) Approved a Contract Change Order No. I in
the amount of $4,228.00 to RJ. Noble Company for the additional ADA Wheelchair
Access Ramp construction at the northeast comer of Chapman Avenue and Lewis Street.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital
Improvement Program in the following
accounts:550-5011-
483300-3217 160,
337 920-9811-
483300-
3217 148,
436 550-
5032-483100-
6463 86,400 310-
9645-483300-
1328 Total Funds 4,
228 399,
401 Arterial Highway Rehabilitation Program
Pavement Rehabilitation)Southwest
Project & Loan Administration Pavement Rehabilitation)
Measure "M"/S.I.P.Traffic Signal Interconnect)CDBG Funds - ADA Improvements)
3.14 Award of Contract- Bid No. 012-46; SP-3332;
Arterial Highway Rehabilitation Program - Newport Blvd. Pavement
Rehabilitation from Canyon View Avenue to White Oak Ridge. (A21 00.0 AGR-4047)SUMMARY:
The bid opening was held on May 29,2002. Five (5) formal bids were received for
this project ranging from $148,726.00 to $189,539.00. RJ. Noble
Company was the apparent low bidder. The rehabilitation for the
project includes clearing and grubbing, cold milling asphalt concrete, installing pavement
reinforcing fabric, saw cutting and removing asphalt concrete, asphalt concrete deep
lifting and overlaying,water valve and manhole adjustments, resetting survey monuments and
centerline ties,traffic
control, install traffic detector loops, and installing signing, striping and all pavement markings required.ACTION:
Awarded a contract in the amount of $148,726.00 to RJ. Noble Company,
1550 E. Lincoln Avenue, Orange, CA 92856 and
authorized the Mayor and the City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds
are available in
the Fiscal Year
01-02 Capital Improvement
Program in the following
accounts:550-
5011-483300-3417 $ 58,616 500-5011-483300-3417 $106.190
Total Funds $164,
806 Arterial Highway Rehabilitation Program City Funds 3.15 Award of Contract - Police Department Floor Covering
Replacement.A2100.0 AGR-4048)SUMMARY: The carpet in the Police Facility is
12 years old and exposed to 24hr shift work. It shows serious signs
of wear patterns, stains, dirt, wrinkling, delamination and loose strings throughout the facility.
Cleaning and repairs have not
been successful
CITY COUNCIL MINUTES July 9,2002
3. CONSENT CALENDAR (Continued)
ACTION: Awarded Bid No. 012-53 in an amount not to exceed $150,000 from the
sole bidder, Shaw Contract Flooring, dba Spectra Contract Flooring, 11411 Valley
View Street, Cypress, CA 90603 and authorized the Mayor and City Clerk to execute on
behalf ofthe
City.FISCAL IMP ACT: Sufficient funds are available in the following
account:725-4011-481200-2101
Capital
Projects $150,000 DONATIONS 3.16 Accept donation of $500.00 from an Orange resident foruse
in the Fire/Rescue
Paramedic program. (C2500.H)SUMMARY: An Orange resident, Mrs. Ho Yeh Mei Chiu, has donated
a check in the amount of$500.00 to be used to support the Fire Department'
s Fire/Rescue program.ACTION: Accepted this donation in the amount of $500.00
and appropriated the funds to Account
No. 100-3021-446500 (Fire Equipment).FISCAL IMPACT: The $500.00 donation
will augment the Fire/Rescue (Paramedic)
Budget Account
No. 100-3021-446500 (Fire Equipment).FEE WAIVER 3.17 Fee Waiver
for Park Rental at Killefer Park (C2500.N)SUMMARY: The City is required to charge a
rental fee to persons or groups utilizing its facilities. Household Faith Family Church is
requesting the use of Killefer Park on July 27, 2002, from 8:00 a.m. to 6:00 p.m.
for their annual Unity in the Community event.Household Faith Family Church
is requesting that the $200 fee be waived.ACTION: Approved the fee waiver in the amount
of $200 for use
of Killefer Park by Household of Faith Church.FISCAL IMPACT: The waiver of the rental fees
for the use of Killefer Park would result in the
loss
of revenue in the amount of$200.PURCHASES 3.18 Approve purchase of
medical supplies for Paramedic/
Transport Program for FY 2002/03. (C2500.H)SUMMARY: This is a request
for City Council to authorize purchase of medical supplies from ProMedix (
PMX) through a cooperative purchasing
agreement in
the
CITY COUNCIL MINUTES July 9, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Authorized purchase of medical supplies from ProMedix (PMX) in the
amount of$120,000.00 for FY 2002-
03.FISCAL IMPACT: Sufficient funds in the total amount of $124,500 are budgeted
for medical supplies and medications in Account #125-
3022-445100 FirelParamedic Medications; Account #100-3022-445100
Fire/Paramedic Medications; and
Account
125-3015-445100 Fire/Paramedic Medications.
RESOLUTIONS REMOVED AND HEARD SEPARATELY) TAPE 880 3.
19 RESOLUTION NO. 9622 (A2100.0 AGR-4049)A Resolution of the City Council of
the City of Orange approving and authorizing the execution of
a cooperation and reimbursement agreement with the Orange Redevelopment Agency for
landscape and irrigation improvements in the vicinity
of The City Drive and Interstate5
interchange.See ORA Agenda Item No 3.4)In response to questions
by Councilmember Slater, the Public Works Director stated there is a one year maintenance period,
as part of this cooperation agreement, after
the installation of the landscape and irrigation improvements.Councilmember Coontz sated it would be a
good idea to expand the information given to the City so that all parties
involved have a
clear understanding of
this issue.MOTION - Slater SECOND - Alvarez AYES - Slater,
Alvarez, Mayor
Murphy, Coontz, Cavecche ACTION: Approved.3.20
RESOLUTION NO. 9623 (H1200.0)A Resolution of the City Council of the City of
Orange designating certain portions of Wanda Road within the City of Villa Park as a City of Orange
highway for
the purpose of construction improvements.Location: 660 feet north of
Katella Avenue
to Santiago
CITY COUNCIL MINUTES July 9,2002
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9630 (S4000.S.3.3)
A Resolution of the City Council of the City of Orange authorizing submission ofa grant
application to the State Energy Resources Conservation and Development Commission
for Battery Backup Systems for Traffic Signals.
ACTION: Approved.
3.22 RESOLUTION NO. 9631 (C2300.E)
A Resolution of the City Council of the City of Orange concerning the status of the
Circulation Element for the City of Orange.
ACTION: Approved.
3.23 RESOLUTION NO. 9632 (S4000.S.3.1.1)
A Resolution of the City Council of the City of Orange to reserve 54 on-street
parking spaces on the east and west side of Glassell Street from the Plaza northerly to
Maple Avenue, and within the northern quadrants of the Plaza for a Collector's Tour of
vintage Packards on Sunday, July 21,
2002.ACTION:
Approved.MOTION - Cavecche
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.
1, 3.2, 3.3, 3.9 and 3.19 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.END OF
CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None 5.REPORTS FROM
COUNCILMEMBERS TAPE 950 5.1 Councilmember
Caveccbe - Orange County League of Cities Draft Resolution on Urban Runoff.Councilmember Cavecche
reported the
City of Rancho Santa Margarita is putting forward a Resolution for adoption by
the League of California Cities at the League meeting in August. She did not want Orange
voting on a resolution without input from the Public Works Department who have taken a
lead in water runoff issues. She asked if the Public Works Department could come back at the
next Council meeting with a recommendation on whether the City of Orange PAGE 10 r~'---------------
CITY COUNCIL MINUTES July 9, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
should support, or not support, the proposed resolution from Rancho Santa Margarita. She has a
problem with some of the items in the Resolution, but wanted input from staff.
Councilmember Coontz noted she had asked for a presentation on water runoff as the Council
needs to know more about this issue.
Mavor pro tern Alvarez TAPE 1070
Mayor pro tern Alvarez requested the City Clerk to place an item, under Councilmember
Reports, on the July 23, 2002 a~enda, regarding a committee to look at creating some sort of
recognition of the September II t
event. Because of budget constraints, it will probably be low
key and not a major City event. Mayor pro tern Alvarez requested feedback from organizations
such as the American Legion. The people of this City would like to have the opportunity to
recognize what happened on September 11 th. He will send out a memo to the Council outlining
some ideas and would welcome feedback and then get together with the parties that will help
participate with this and work with the City Manager. He noted a September 11 th
event will be
separate from a Veterans Day event, as September 11 th
was a tragedy and not a celebration.
Council discussed the idea of a volunteer effort and possibly having this event at the Plaza. It
was noted that this event would be a separate event from the Veterans Day celebration, and that
it takes time to prepare events such as these and planning meetings need to begin for both events.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1300
6.1 Reappoint Karen Herrera to the Orange Public Library Board of Trustees, term to
expire 6/30/05.
MOTION - Cavecche SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to reappoint
Karen Herrera to the Orange Public Library Board of Trustees, term to expire June 30,
2005.6.2 Accept
Susan Secoy's resignation from the Design Review Committee effective July 17,2002 and
instruct the City Clerk to begin Maddy Act regulations. (OR1800.0.8.1)MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to accept, with regrets, Susan
Secoy's resignation from the Design Review Committee,effective July 17, 2002, and instruct
the City Clerk to begin Maddy Act regulations.PAGE"
CITY COUNCIL MINUTES July 9,2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
TAPE 1340
6.3 Report from John Sibley, Assistant City Manager, on the composition of the Design
Review Committee (OR1800.0.8.1)
John Sibley, Assistant City Manager, reported that architectural, landscape and historical
expertise has always been utilized for criteria for Design Review Committee membership. If the
Council wants to include contractor or developer experience, it will necessitate a change in the
Ordinance. Staff recommends that the majority of the Committee membership still have
architectural experience.
The Community Development Director noted that the concern was if the Design Review
Committee was lacking something in the make up of the membership. She stated that the current
Committee is not lacking any area of expertise.
Councilmember Coontz noted it is difficult to find people willing to do this job and that are
compatible. In reviewing past discussions on this subject, she noted the Ordinance came through
in a little different interpretation than what was intended. The Community Development
Director is necessary at the meetings since they understand all the issues, but not as a voting
member. She also pointed out that one third of the Design Review Committee applications
involve Old Towne and two thirds are throughout the City. It is also important to note conflicts
of interest when choosing new Committee members.
Councilmember Cavecche noted in the previous Design Review Board, there were specific
requirements for specific seats. The current Design Review Committee has a good group of
architects, but the compatibility may not be there in the future, and she did not want to limit the
membership by not including general contractor experience, as that may open the field up for a
broader base.
The Council supported the idea of adding contractor experience to the Committee membership
and replacing the Community Development Director with a public member.
MOTION - Cavecche SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that the
definition for the Design Review Committee be changed to take out the Community Development Director
or designee and the Design Review Committee shall consist of five members
of the public; and to add to the list of possible experience the term Licensed General Contractor, or
whatever term the Staff feels would be correct, to demonstrate building knowledge.Councilmember Coontz
referred
to previous minutes and recommendations of the individual members of the
Council in 1999 regarding the creation, goals and objectives of a Design Review Committee and further
recommendations to staff for departmental accomplishments, indicating she was not
certain all recommendations were followed through. Staff to return with a status report.PAGE 12
CITY COUNCIL MINUTES July 9, 2002
7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER TAPE !950 8.
1 Request to Carryover Certaiu Fiscal Year 2001-02 Appropriations to Fiscal Year
2002-03 (C2500.J.1.
5)SUMMARY: Carryover appropriations are necessary for projects that were budgeted in
FY 2001-02 but not initiated during the fiscal year. Therefore, the funds for these projects
must be carried over into the new fiscal year of FY 2002-03 to facilitate completion of
these
projects and workplans.
MOTION - Alvarez SECOND -
Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the carryover appropriations.
FISCAL IMPACT: Adequate funds have been appropriated and reserved in the Fiscal Year
2001-02 budget and are available to be carried over into the FY 2002-
03 budget.9. LEGAL AFFAIRS -
None.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 5:41 p.
m.Note: There was no Closed
Session.a. 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 TAPE
2030 Jim Clouet, Air Quality Management District, 21865 Copley, Diamond Bar, introduced
himself as the new Government Relations Liaison to Orange County cities and submitted information
to the Council on the
AQMD.PAGE
CITY COUNCIL MINUTES July 9, 2002
13.PUBLIC HEARINGS TAPE 2130
13.1 LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF
ANNUAL ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE) (L1200.0
LMD-82-1)Time set for public hearing on the levy of annual assessments for costs
of maintenance and improvements for Landscape Maintenance District No. 82-1, which is
located westerly of Meats Avenue in the vicinity of Marywood and Shadow
Ridge Streets, Tract 10486.The City Clerk announced that notice was given in the manner and form as required
by law and a Certificate of Compliance is on file and
open for public inspection.The Public Works Director reported the proposed assessment of $483 per lot for
Lots 1 thru 10 and $105 per lot for lots 11 thru 56 are unchanged from last year'
s assessments. The estimated district expenses for FY 2002-03 are $14,391, which can be funded
by $9,660 in special assessments, $1,452 in interest earnings and $3,279 from the
district's rate stabilization fund.Mayor pro tern Alvarez asked about the
size of the reserve account.The Public Works Director stated reserve funds are being utilized
for a portion of the expenditures. The amount being used out of the rate stabilization reserve
this year is $3,279.There is a remaining reserve for rate stabilization of $5,626, and
additionally, a cash flow reserve of $7,196 and a contingency fund of $2,878. The total estimated
reserves for
this district is 15,700.MAYOR
MURPHY OPENED THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR
MURPHY CLOSED THE PUBLIC HEARING
No protests had
been received.RESOLUTION NO. 9626 A Resolution of the City Council of the City of Orange
confirming the diagram and assessment and providing for the levy of the annual assessment
for Special Maintenance
District 82-1.
MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to close the public hearing and adopt
Resolution No.
CITY COUNCIL MINUTES July 9, 2002
13. PUBLIC HEARINGS (Continued)
TAPE 2300
13.2 LANDSCAPE MAINTENANCE DISTRICT 86-2, LEVY OF
ANNUAL ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS) (Ll200.0
LMD-86-2)Time set for public hearing on the levy of annual assessments for costs
of maintenance and improvements for Landscape Maintenance District No. 86-2, which is
located within the Upper Peters Canyon Specific
Plan Area (Santiago Hills)The City Clerk announced that notice was given in the manner and form as required
by law and a Certificate of Compliance is on file and
open for public inspection.The Public Works Director reported the estimated expenses for 2002-
03 are $479,291, funded by $432,483 in special assessments, $21,015 in interest earnings and $25,
793 from the district's rate stabilization fund. The proposed assessment for a single family
detached unit is $300 and 180 for a single family attached unit, which is a 15.4% increase over
last year. This is the second year of increase in order to raise the assessment back
to approximately the 1997 level,and the cost increase is due
mostly to contract maintenance costs.Mayor Murphy announced for the record, a letter was received from Dr.
and Mrs. Winston Ho in
opposition to
the proposed assessments.Council Discussion Councilmember Coontz stated there seems to be a misunderstanding from
the public of what the Landscape Assessment Districts are
and asked for a clarification.The Public Works Director stated the Landscape Districts
are special benefit assessment districts which require that the properties receive special benefits over and
above what would have been included in a typical subdivision, such as enhanced
parkways, landscaped medians and entry roads and extra landscaping throughout the development. There
was an assessment for the installation of the improvements, but this
is strictly for ongoing maintenance.Mayor pro tern Alvarez asked who provides the actual services and
why the
costs have jumped so high.The Community Services Manager stated the services are
provided by an independent contractor through a competitive bid process; and the contract was re-bid for
the first time in four years.The costs have increased in part because there was a
change in the specifications to increase service, as required by the homeowners. This increase
included an increased level of supervision and more staff on site, along with replacement of
plant materials, trees and improved lighting.There has also been no indication from the homeowners to
take over
the administration
of
CITY COUNCIL MINUTES July 9, 2002
13. PUBLIC HEARINGS (Continued)
The City Manager noted the City gets no financial benefit from this District, that all money goes
back into the District; and there is an overhead charge for that proportional share of staff time
that goes to the direct benefit of the Assessment District.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Greg Chilecki, 195 Deerwood, spoke in opposition to a 15% increase in the cost of services.
Brian DeSousa, 8342 E. Ironwood, spoke on specific landscape maintenance issues and asked for
an increase in service along with the increased assessment.
The City Manager stated staff would follow up with Mr. DeSousa to remedy the landscape
Issues.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor Murphy asked about the interest earnings and if they had been affected by the fall in
interest rates; and noted there are only three places to obtain funding for this District - special assessments,
interest earnings and the rate stabilization fund.The
Public Works Director stated this year's interest earnings are approximately $21,000, while last
year's were approximately $27,000.Mayor
pro tern Alvarez asked why there were benefit costs if the City is using an independent contractor.
The Public Works Director noted the benefits are a portion of the salary for the City staff
person assigned to administer the contract.Councilmember
Coontz asked about the length of time for these districts.The
Public Works Director stated the District will remain as long as there are facilities to maintain,
and the homeowners association requires it. The homeowners association can vote it out,
at which time the City would have no more obligation to provide landscape services; but it would
be up to the homeowners association to initiate that. He noted a homeowners association can
usually administer this type of district for 20 to 30% less cost, but there can also be a problem
with collecting the assessments from the individual homeowners.Councilmember
Cavecche wanted to insure that a response was sent to Dr. and Mrs. Ho, who had
sent a letter in protest, as there seemed to be a misunderstanding of the assessments.Councilmember
Coontz noted that many of the current residents are not original owners and probably
have not received correct information on the District assessments over the years.The
Public Works Director reported there was one written protest and two verbal protests received,
but a majority protest does not exist.PAGE
16
CITY COUNCIL MINUTES July 9, 2002
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9627
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy ofthe annual assessment for Special Maintenance District 86-
2.MOTION - Slater
SECOND - Coontz AYES -
Slater, Mayor Murphy, Coontz, Cavecche NOES - Alvarez
Moved to respond
to the letter of protest, overrule the protests received, close the public hearing and adopt Resolution
No. 9627.Mayor pro tern
Alvarez voted No because since he has been on the Council, he has been uncomfortable with the
City being involved with the Assessment Districts. He knows they are established for reasons,
but in all good conscience, he did not want impose this levy on Santiago Hills.TAPE 3200
13.
3 LANDSCAPE
MAINTENANCE DISTRICT 94-1, LEVY OF ANNUAL ASSESSMENTS, CITY
OF ORANGE (SYCAMORE CROSSING) (L1200.0 LMD-94-1)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 94-1, which is located in the
Sycamore Crossing
Tract.The City Clerk announced that notice was given in the manner and form as required by law and
a Certificate of Compliance is on file and open for public
inspection.The Public Works Director reported the estimated expenses for 2002-03 are $29,826,
which will be funded by $25,321 in special assessments and $4,505 in the district's reserve
fund interest earnings. The 124 unites in the interior of the tract will pay $155 per year and the
36 units adjacent to the landscape improvement will pay $158.10. The senor citizen housing site
will pay 316.20, and the two lots owned by the City will pay $62 and $31
per year.Councilmember Cavecche asked, for the record, if when the Santiago Creek Trail
comes through all the way, will the City be able to take a look at this Assessment District and see
how much will become a public thoroughfare versus Sycamore Crossing taking care
of it.The Public Works Director stated at that point, the benefit will have to be reevaluated to
see how much is a special benefit and how much will be a general benefit. Any portion identified
as a general benefit could no longer be funded through the
Assessment District.
CITY COUNCIL MINUTES July 9, 2002
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
The Public Works Director stated no protests had been received. There has been a modification
from the preliminary report in that the assessments have been reduced by approximately $30
each.
RESOLUTION NO. 9628
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-
1.MOTION - Cavecche
SECOND - Coontz AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
close the public hearing and adopt Resolution No. 9628.14.PLANNING
AND ENVIRONMENT TAPE 3400 14.1
Consideration of appeal submitted by Ross and Holly Kline regarding the decision of the
City Traffic Commission to install red curb markings at the intersection of Shattuck Place and
Palm Avenue. (A4000.0)SUMMARY: The
basis for this appeal of the decision of the City Traffic Commission is the loss of on-
street parking in front of the appellant's property.Reason
for Appeal:We
strongly appeal this decision and do not see our comer being a safety issue. No accidents have
occurred. We spent over $100,000 for improvements into our house to make the property value
increase and with curbs being red and to have no parking in front of house, property value would
be less. We have asked the residents on surrounding streets how they feel and we are submitting
a petition with signatures. If we understand this correctly and this is a safety issue,should
this be done to all comer houses in the City or are we being singled out?"The
Public Works Director reported the request for a red curb was originally brought to the City Traffic
Commission because of a problem with site distance at Palm and Shattuck and large vehicles
parked on the street. The Traffic Commission approved a 30 foot parking restriction at 306
N. Shattuck, a 20 foot restriction on the north side of Palm west of Shattuck and a 45 foot restriction
on the north side of Palm east of Shattuck.PAGE
18
CITY COUNCIL MINUTES July 9, 2002
14. PLANNING AND ENVIRONMENT (Continued)
Public Comments
Holly Kline, Appellant, 306 N. Shattuck, spoke in opposition to a red curb being painted at their
residence. In response to Council questions, she stated they own three vehicles, but do not use
their garage as there is a boat parked in there. She agreed there are a lot of cars along Shattuck;
and stated they have sold their motor home, which was parked on the street, and their trailer is in
the back yard behind a gate.
Those speaking in favor of the Appeal - concerns include: a red curb will result in limited street parking,
driveways and garages are already too small and street parking is necessary, there have not
been any accidents at this intersection, speeding is more of a problem, a red curb will negatively
affect property values.David
Sobel, 1544 E. Palm Robin
Cruse, 337 N. Shattuck Sheryl
Dixon, 316 N. Shattuck Rick
Cimarusti, 336 N. Shattuck Those
speaking in opposition to the Appeal - concerns include: line of sight problem at this intersection, numerous
near accidents, high profile vehicles are parked at the comer, safety issue,adequate parking
still available with red curb Elizabeth Zeidan,
435 N. Shattuck Arlene Minor,
384 N. Shattuck William Schipke,
394 N. Shattuck Harvey Smith,
393 N. Shattuck Manny Puentes,
373 N. Shattuck Dick Meadows,
444 N. Shattuck Harold Kennedy,
463 N. Shattuck Holly Kline,
Appellant, reiterated that their motor home is no longer a problem as it has been sold. They
also plan to move their boat to another location, which will leave the garage available for parking.
TAPE 4980
Council Ouestions
Councilmember Coontz
asked about speed humps and other traffic control measures.The Public
Works Director stated speed humps may not be eligible if this street is a fire response route. He
suggested an option that is used on a limited basis, which, under the Vehicle Code,allows cities
to prohibit parking of vehicles 6 feet or more in height within 100 feet of an intersection. This
would still allow standard size vehicles to park there and would not require a red curb.
PAGE 19
CITY COUNCIL MINUTES July 9,2002
14. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tern Alvarez asked if staff or the Traffic Commission had considered restricting
access onto Palm from Tustin Street, which would substantially reduce the traffic on Palm.
The Public Works Director stated this had not been considered, as there have not been concerns
about excessive volumes of traffic. This would also leave the problem of site distance at the
intersection and can create problems on other surrounding streets.
Councilmember Slater stated there is an immediate need for a traffic solution at this intersection
and asked how long it would take to process the high profile vehicle restriction. He also asked
about a handicap parking allowance at a residence on Shattuck and if it was still needed.
The Public Works Director stated it would take between 30 and 60 days to process a high profile
vehicle restriction; and that staff will research the handicap parking restriction.
Mayor Murphy asked about the 65 foot parking restriction on Palm, east of Shattuck.
The Public Works Director stated there is already 20 feet of red curb adjacent to the driveway.
An additional 30 feet is actually needed, but this would leave only 15 feet of curb, which is less
than the required space to park a vehicle. Therefore, the entire curb is recommended for
restriction.
Mr. Tucker Fleming, 1611 E. Palm, was called forward by the Council. He stated the 20 feet of
red curb adjacent to his driveway was painted before he lived there, but asked that it stay, as it
helped him in backing out of his driveway. He personally did not have a problem with the 65
feet ofred curb in front of his residence, but stated it would be a hardship for the other people in
the area who park there.
TAPE 6000
Council Comments
Councilmember Cavecche stated she lives in the area and realizes that people use Shattuck in
order to avoid Cambridge and Cambridge Elementary School. There are a lot of cars parked on
Shattuck, but painting red curbs will just move the problem further down the street. The main
problem seems to be turning from Shattuck onto Palm, and painting a red curb on Shattuck won't
solve this problem. She understands the need for a red curb on Palm, but not on Shattuck.
Mayor pro tern Alvarez stated he did not want to deny the Klines the same benefit that their
neighbors enjoy, and also did not support a red curb on Shattuck. He suggested looking at other
traffic alternatives for Palm, such as restricting access from Tustin Street.
Councilmember Slater spoke in support of the red curbs on Palm as an immediate solution and
asked that the high profile vehicle restriction be pursued.
PAGE 20
r--~----'-.
CITY COUNCIL MINUTES July 9, 2002
14. PLANNING AND ENVIRONMENT (Continued)
Councilmember Coontz stated that Palm is a natural traffic route. It goes from one end of the
City to the other, and ifit were restricted, it would throw traffic onto Walnut and other streets.
One of the problems throughout this street is that there is definitely a generation gap. There are a
lot of disabled people on that street. Parking over the driveway is a violation and there are some
simple things the neighbors could do to accommodate those people who are obviously older and
having a hard time getting around. Cars need to be parked in driveways and garages. Parking
over the sidewalk, as stated, is a problem. Restricting high profile vehicles is a good idea that
needs to be explored.
Mayor Murphy stated there is a definite problem getting out onto Palm from Shattuck; pointing
out the challenge of dealing with small garages and driveways on this street. In an effort to
maintain a safe neighborhood, he did not want to wait for an accident to happen, but also wanted
to minimize parking restrictions; and asked that lower profile vehicles be parked on Shattuck
near the intersection as a good neighbor effort.
MOTION - Slater SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to deny
the appeal with regard to red curbing on Shattuck Place and modify the Traffic Commission's recommendation
to include red striping on Palm A venue only as recommended by staff. Staff was
also directed to report back with more information on the high profile vehicle restrictions, and research
the handicap parking on Shattuck Place to see if it is still needed.15. ADJOURNMENT MOTION -
Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at 9:
I 0 p.m. in memory of Floyd Higgins, Fire Chief Emeritus.AA~~/A"~CASSANDRA J. CART, CMC
CITY CLERK
1fJ~A~~MAYOR PAGE
21