HomeMy WebLinkAbout11_27_2001 - Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 11, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 27, 2001
The City Council of the City of Orange, California convened on November 27,2001 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 Harry Thomas, Public Works Director
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 Resolution No.
9533 was presented to Joan Wolff commending her for more than fifteen years ofloyal
and dedicated service to the City of Orange.The following
employees received Employee Service Awards:Ignacio Siqueiros -
Community Services (not present); Mark Camarillo - Police (not present); Kelvin VanGorder - Police (
not present); Jack Hill- Fire; Dale Karell-Fire not present); Stephen Hartman -
Public Works (not present); DonaldMcBain -Community Services (not present)United Way
Presentation given by Fire
Chief Bonacker - Department representatives were recognized for their efforts in making
this year's United Way campaign the most successful in the City's history. Checks
were presented to Rebecca Long representing the Red Cross of Orange County and to
House of Hope.Councilmember Coontz announced, on behalf of Kathleen
Deshler, that Hope School, a homeless children program co-sponsored by the
YWCA, the First Presbyterian Church of Orange and the Orange County Department
of Education, was in need of donations for busing and asked for participation from
the community.Mayor Murphy announced the Christmas Tree
Lighting Ceremony to be held Sunday,December 2nd at 4:30 p.
m. at the Plaza.Mayor pro tern Alvarez announced he
was growing a beard as part of a fundraiser for the Leukemia Society.PAGE 1
CITY COUNCIL MINUTES November 27,2001
2.PUBLIC COMMENTS TAPE 580
Valerie Noble, 173 S. Cypress, spoke about on-going complaints of the businesses in
the Cypress Street
neighborhood.Councilmember Coontz asked the City Manager to report back to the Council on
this
Issue.3. CONSENT
CALENDAR All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to remove
an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent
Calendar.3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City
Council agenda of a regular meeting of November 27, 2001 at Orange Civic Center,
Main Library at 101 N. Center Street, Police facility at 1107 North Batavia,
the Eisenhower Park Bulletin Board, and summarized on
Time-Warner Communications, 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 November 8 and
15, 2001.
ACTION:Approved.3.3 Request approval of City Council Minutes, Regular Meeting of November
13, 2001.
ACTION:Approved.3.4 Consideration to waive reading in full of all ordinances on
the Agenda.
ACTION:Approved.3.5 Receive and file the City Treasurer's Report, period ending October
31, 2001.
ACTION:Approved.
CITY COUNCIL MINUTES November 27, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Consultant Agreement between Double R Productions and City of Orange for Tree
Lighting Ceremony and Candlelight Procession. (A2100.0 AGR-
3897)SUMMARY: The City Council is requested to approve the Consultant
Agreement between Double R Productions and the City of Orange for Tree Lighting Ceremony
and Candlelight Procession in the amount not to exceed $12,850. Double R Productions is
to provide professional services for set up, sound, and other miscellaneous
production services for the City's special events. City Council approval is required for
this agreement since this agreement amount will exceed $30,000 for services rendered by
the consultant for all City special
events.MOTION: Approved Agreement with Double R Productions in the amount of $12,
850 and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCALIMP ACT: Sufficient funds exist in the following
account:100-7015-427800 (Other Contractual
Services) $12,850.3.7 Cooperative Agreement No. C-95-986 Amendment No.
2 between the City of Orange and the Orange County Transportation
Authority as a formal recognition of Semi-Annual Review
adjustments to the Combined Transportation Funding Program allocations and
project scheduling. (A2100.0 AGR-2397.2)SUMMARY: Semi-annual reviews
of project allocations and schedules between the City of Orange Public
Works Department and Orange County Transportation Authority staff result in needed
adjustments and project scheduling which accommodate project delays and accelerations.
Cooperative Agreement No. C-95-986 Amendment No.2 formalizes the
agreed upon adjustments bi-annually as indicated on the attached
schedule.ACTION: Approved Cooperative Agreement No. C-95-986 Amendment No.
2 and authorized the Mayor to execute on behalf of the City Council.FISCAL
IMP ACT: No impact on the budget. Adjustments to projects
and schedules did not create
any impact on the City of Orange budget.3.8 CLAIMS (C32000.
0)The City Attorney
recommends that the Orange City Council deny
the following Claim(s) for damages:a. Allstate
Insurance subrogee for John
Jaensch b. Hanson
Aggregates West (related
to Larkin claim)c. Vicki M. Johnson d. Michael Morrison e. Renee Morrison
ACTION: Denied
CITY COUNCIL MINUTES November 27,2001
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Mills Act Contract #MAC-84.0-01 (Historic Property
Preservation Agreement).A2100.
0 AGR-3898)SUMMARY: A proposal to approve a Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the 10 year term ofthis contract total $39,435. Location:
320 S. Grand Street.Note: Councilmember Slater abstained on this item due to the sale
of
property in the area.ACTION: Approved and authorized the Mayor and City Clerk to
execute on
behalf of the City.FISCAL IMPACT: The estimated property tax loss to the city
is approximately $
131.00 per year.
PURCHASE OF FIRE ENGINE 3.10 Request to approve purchase of replacement fire engine
and appropriate funds in the amonnt of $
405,000. (C2500.H)SUMMARY: Unit number 652, a 1985 Beck fire engine, has extensive
cracks in the sub-frame, making it unsafe for
use at this time.ACTION: Approved the appropriation from unappropriated
reserves to the Vehicle Replacement Fund (720-5032-472102) and authorized
the expenditure of $405,000 for
the replacement of one fire engine.FISCAL IMPACT: There are sufficient
unappropriated reserve funds in the Vehicle Replacement
Account to purchase
this fire engine.PURCHASE OF PROPERTY 3.11 Purchase of a 10 foot wide strip of
land at 1615-
1649 W. Chapman Avenue.A2100.0 AGR-3899)SUMMARY: This is one of
the parcels necessary for the West Chapman Avenue Widening Project. Offer
was made and accepted by the Nelson Trust.ACTION: Authorized Mayor and City
Clerk to execute all escrow papers and related documents for the purchase of a 10 foot
wide strip of land located at 1615-1649 W.Chapman Avenue. Purchase price
is $100,000.00 plus any related escrow costs.FISCAL IMPACT: Funds in the amount
of $100,000.00are available in the Chapman Avenue
Widening Project -
CITY COUNCIL MINUTES November 27,2001
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 9535 (C2500.N)
A Resolution of the City Council of Orange approving application for Grant Funds for
the rehabilitation of EI Camino Park from the Roberti Z'berg-Harris Urban Open
Space and Recreational Program under the Safe Neighborhood Parks, Clean Water, Clean
Air,and Coastal Protection Bond Act
of2000.ACTION:
Approved.3.13 RESOLUTION NO. 9546 (A2100.0
AGR-3699)A Resolution of the City Council of the City of Orange finally accepting
the completion of a certain public work and improvement; C.A. Granger Construction,
Inc.; Police Department Evidence
Protection Wall.
ACTION: Approved.3.14 RESOLUTION NO. 9547 (C2500.M.16.
1 LLN-2201-18)A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL 2001-18 combining several lots of certain real
property situated at 450 East Chapman Avenue, 154 South Shaffer Street, 151 and 171 South
Center Street in the City of Orange, County
of Orange, State of California.Owners: St. John's Lutheran
Church of
Orange, A Corporation
ACTION: Approved.MOTION -
Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy,
Coontz, Cavecche Councilmember Slater abstained on Item 3.9. All other items on the
Consent Calendar were approved
as recommended.END OF
CONSENT CALENDAR
CITY COUNCIL MINUTES November 27,2001
4.REPORTS FROM MAYOR MURPHY TAPE 700
4.1 Council Committee Assignments (continued from November 13, 2001)
MOTION - Murphy SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to appoint
Mayor pro tem Alvarez as the Council representative to the Orange County Sanitation District, with
Mayor Murphy as the alternate.Mayor Murphy suggested
other Council appointments be continued to a later date.4.2 Boards,
Committees and Commissions review TAPE 725 Mayor Murphy provided
a written summary on the formation of a City Council Committee to review Boards, Committees
and Commissions and the criteria discussed at the last Council meeting. Criteria included
experience in City issues, related professional experience, residence in the City,
related experience with City issues or staff, term limits to coincide with Council terms, staff and
staff time required for each committee, geographic location of each member's residence to insure
representation from all comers of this community, a review of potential conflicts of interest,
and length of service. He asked for Council comments on the criteria.Councilmember Coontz noted
the City Clerk has a procedure in place for reminding the Council when terms are
expiring. She suggested looking at the existing committees and goals and that the Council receive
minutes or updates from each of the Committees; and that it is important to have a geographic
balance of committee members. She stated it is important to have a balance of experience on committees
and committee members should be asked if they even want to continue serving. Attendance
should be included in the criteria, and it is important to honor those who have
served. She suggested that the entire Council be given a list of any people that are suggested for
removal ahead of time.Mayor pro tern
Alvarez suggested that when someone is removed from a committee, it is done with written notification,
first to the Mayor, then to the entire Council and appointee, so there is a record of the
action taken and everyone is aware of it. It is important that the public understands the Council relies
on these volunteers who serve on committees.Councilmember Slater stated
he would like to see a proposal for term limits; that experience with City issues isn'
t necessarily critical to an appointee; and that geographic location ofresidents is ideal but not
necessary. He suggested a timeline that the two-member Council Committee meet and come
back in January with a list of people they feel should be replaced. They should ask for resignations by
the end of January and those who don't want to resign should be scheduled for potential removal
in February.PAGE 6
CITY COUNCIL MINUTES November 27, 2001
4. REPORTS FROM MAYOR MURPHY (Continued)
Councilmember Cavecche suggested looking at current openings on the various committees,
length of service, the effectiveness of the work of each individual and staggered terms. She
noted these are not full time jobs, but an opportunity for people to serve the community.
Bob Bennyhoff, member of the Orange Park Acres Committee, clarified the role of the Orange
Park Acres Committee and suggested the Council look at what committee members have to offer
and their possible contacts.
Mayor Murphy reiterated there is a procedure already in place and did not want to change the
process unless something was missing and that this criteria was not an all or nothing issue. He
stated there was now sufficient information for the Council to move forward with this.
5.REPORTS FROM COUNCILMEMBERS TAPE 1480
5.1 Councilmember Slater - Request City Manager to report back on review of code enforcement
including staffing levels, work load, methods and current codes and regulations.
Councilmember
Slater asked the City Manager for a report back on ideas for changing the philosophy
of Code Enforcement so that it is more proactive, especially in commercial areas where
there are problems with illegal signs, and suggested that all departments work together in acting
on code violations. He also asked for clarification on the criteria for allowing special promotion
banners.Councilmember
Coontz asked for information on what programs are currently being pursued and on
what areas the City's Code Enforcement Division is concentrating. The City has an excellent Code
Enforcement Division and they are making progress; but suggested banners can be a problem
during a recession and cars being dropped off at non-profit organizations can become
eyesores. She again asked for a response to the issues brought up earlier regarding Cypress
Street.
Mayor pro tern Alvarez stated Code Enforcement is important to maintain a high level of
livability; but it is important to keep in mind budget constraints. He suggested looking at future
improvements and then possibly adding those to the budget.
Councilmember Cavecche asked for information on staffing levels in Orange compared to other
similar cities.
Mayor Murphy stated they are not questioning the efforts of the existing personnel, but maybe
philosophical changes need to be addressed and the costs involved in pursuing those changes.
The City Manager stated he is already formulating ideas and will provide a status report on
general Code Enforcement issues as well as the Cypress Street issues.
PAGE 7
CITY COUNCIL MINUTES November 27,2001
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Mayor Murphy - Appointmentof a Planning Commissioner Mayor
Murphy announced his appointment to the Planning Commission would be Mara Brandman.
Mayor
pro tern Alvarez explained the process involved in this appointment. As this was his recommendation,
he solicited resumes and about 10 were submitted. He interviewed everybody and
especially noted several excellent candidates, including Ken Domer, Fernando Rico,Shannon
Tucker and Mara Brandman. He looked for qualities of passion and commitment and someone
who would be able to stand up to the pressures on the Commission, and also someone who
had a history of public service. He then submitted names to the Mayor for final appointment.
Councilmember
Slater stated he would not be supporting this nomination. He felt Mrs.Brandman
had a wonderful track record of public service, but the Planning Commission was not exactly
the right fit for her.Councilmember
Coontz stated she would not be supporting this nomination as this would be the third
person representing the East Orange area on the Commission, and felt there should be more of
a balanced representation. She was also concerned about potential conflicts of interest and the professional
activities of her family.Mayor
Murphy stated he was confident of this choice and it is up to each individual to manage their
own conflicts of interest.Mara
Brandman stated it was an honor to be appointed and was anxious to join the Commission.MOTION -
Murphy SECOND - Cavecche
AYES - Alvarez, Mayor
Murphy, Cavecche NOES - Slater, Coontz Moved
to appoint Mara Brandman
to the term vacated by Toni Carlton, ending June 14, 2002,on the City of Orange
Planning Commission.6.2 Mayor Murphy - Appointment
of two Library Board of Trustees Mayor Murphy announced his appointments to
the Library Board would be Mark Clemens and Karen Herrera, who both have an
interest in the community and the library, have children in Orange schools and want to pursue
positive changes in the Library system.Councilmember Coontz asked that a proclamation
be presented to Kay Massa, former Library Board Trustee.PAGE 8
CITY COUNCIL MINUTES November 27,2001
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION - Murphy SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to appoint
Mark Clemens to the term vacated by Kay Massa ending June 30, 2004; and Karen Herrera to
the term vacated by Carolyn Cavecche ending June 30, 2002 on the Library Board of Trustees.
7.ADMINISTRATIVE REPORTS
TAPE 2140 7.1 Report
by the Public Works Director - Award of Contract - RFP No. 001-46 for the purchase of computerized maintenance
management system software and technical support. (A2100.0 AGR-
3900)SUMMARY: The Public
Works and Community/Library Services Departmentshave been working with a
consultant to develop a Maintenance Management System (MMS). A major tool required to implement
an MMS is software. Staff from all four maintenance divisions (Parks,Streets, Water and
Traffic) were involved in the evaluation of four software vendors.NOTE: Mayor Murphy
stated he would abstain on this issue due to an employment conflict and left the dais.
The Public Works
Director reported staff has been working with a consultant to develop a Maintenance Management System
to be utilized by both Public Works and Community Services.The implementation of
this system will include evaluation of existing operations, purchase of software, implementation of
the software and an evaluation of the contract services. It is anticipated that the
system will be fully operational by March 2002.Councilmember Coontz asked
how ACS will be involved in this, and if this will require any changes to the
contract with ACS The Public Works
Director explained ACS has been an integral part of this process as they were on the selection
committee and performed an evaluation of the proposals. Staff will be looking to ACS for
support in evaluating the integration of this new software into existing software.Mayor pro tem
Alvarez asked if any additional hardware will be necessary, if this is compatible with any other
agencies, and if staff contacted other cities with similar programs.The Public Works
Director reported no additional hardware will be necessary other than normal upgrades; the County
is using the same system which will give the City the ability to interface with them; and
that approximately six other cities were contacted about this system.MOTION SECOND AYES
ABSENT
Coontz
Slater
Slater,
Alvarez, Coontz,
Cavecche Murphy
PAGE 9
CITY COUNCIL MINUTES November 27, 2001
7. ADMINISTRATIVE REPORTS (Continued)
ACTION: Awarded RFP No. 001-46 to Bender Engineering, Inc. for the purchase,
installation,training and annual support of "MaintStar" Maintenance Management System Software in
an amount not to exceed $182,000 and authorized the Mayor pro tern and City Clerk to execute
on behalf of the
City.Mayor Murphy returned to the
dais.8.REPORTS FROM CITY MANAGER TAPE
2450 8.1 Presentation of the Fourth Quarter 2000-2001 Budget Report for the period
July 1,2000 through June 30, 2001. (C2500.
E.4)SUMMARY: This Fourth Quarter Report helps inform the City Council
of departmental performance for the quarter, including progress towards the achievement of
departmental goals and completion of major capital improvement projects, and summarizes the results of the
City's
financial operations.The City Manager provided a summary of the 2000-2001 Fourth Quarter
Budget Report. He reviewed the General Fund activities, noting that revenues exceededestimates by 9.
4% as a result of strong property and sales taxes, vehicle license fees and interest
earnings; and General Fund expenditures finished under estimate by 6.2%. He then
reviewed
major department accomplishments.He noted that the City closed out the last fiscal year in a sound fiscal
position. However, there has been a measurable downward trend in the economy in Orange County, which
is reflected in decreases in sales tax, transient occupancy tax revenues and interest rates.
Therefore, staff is continuing to monitor the City's financial picture and will be cautious in
spending and the approach to managing the City's budget in
the coming months.Note: See Item 8.2
for further discussion)
MOTION - Murphy SECOND -
Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
8.2 Presentation of the First Quarter 2001-2002 Budget Report for the period July
1,2001 through September 30, 2001. (C2500.E.
4)SUMMARY: This First Quarter Report helps inform the City Council of
departmental performance for the quarter, including progress towards the achievement of departmental
goals and completion of major capital improvement projects, and summarizes the results of the City'
s financial
operations.PAGE
CITY COUNCIL MINUTES November 27,2001
8. REPORTS FROM CITY MANAGER (Continued)
The City Manger provided a summary of the 2001-2002 First Quarter Budget Report.
He reported it is difficult to draw any specific conclusions about the City's financial status this
early in the fiscal year due to the inconsistent nature of when revenues are received during the
early part of a fiscal year. However, the City is seeing a definite slow down in areas such as sales
tax and transient occupancy tax, which are often indicators of a slowing
economy.He reported that given the early indicators of a slowing economy, he is taking a very
cautious approach to spending in the coming months, and has taken the following
steps:Positions which are currently vacant will be carefully evaluated before being
filled.The vehicle replacement schedule is being reviewed to determine if the City can lengthen
the life of some vehicles scheduled for
replacement.Capital projects are being evaluated to determine if some can be deferred. Staff is
using guidelines to determine priorities for projects such as looking at projects which impact
public safety; will reduce or minimize maintenance expenditures; will have matching funds
that significantly stretch dollars and likely recommending deferral on those that will cause
or contribute to increases in the operating budget; and will contribute to an increased quality
of
life.Departments have been asked to review their budgets for other opportunities to
reduce
expenditures.These steps should help to reduce the potential impact of a major economic downturn. He
will continue to monitor the revenue stream and watch spending in the coming months; and
will provide more information at
mid-year.Councilmember Coontz stated that prioritizing the budget is a good idea; and asked
about the Master Plan of Recreational Trails. Because this Master Plan is an
inter-departmental project and not under the purview of anyone department, she was concerned that it would get
lost
in the shuffle.The City Manager assured the Council that the Master Plan of Recreational Trails was
still in the works. The Community Development Department is playing a significant role with
this Plan and the City Manager's Office is also pulling
together various resources.Mayor pro tern Alvarez asked about vehicle replacements, suggesting that the
City look at alternatives such as electric vehicles and the programs and grants that go
along with them.Mayor Murphy noted the only prudent path is the one we're on and it is a good
idea to prioritize.
MOTION - Murphy SECOND -
Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and filed.
PAGE 11
CITY COUNCIL MINUTES November 27,2001
9.LEGAL AFFAIRS TAPE 3390
9.1 ORDINANCE NO. 14-01 (SECOND READING) (A2500.0 Campaign
Contributions)An Ordinance of the City Council of the City of Orange Deleting Subsections 2.10.060F
and 2.10.100.D of the Orange Municipal Code Relating to Campaign
Contributions.MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 14-01 be read by title only and same was approved and adopted by the
preceding vote.9.
2 ORDINANCE NO. 20-01 (SECOND READING) (ZI500.0 ZCG-
1209-01)An Ordinance of the City Council of the City of Orange Approving the
Reclassification of Property Generally Located north of Almond Avenue, south of Chapman Avenue
and Moreland Drive, west of Harwood Street and east of Center Street to PI-
SP (Public Institution-Specific Plan) from OP (Office Professional)
and R2-6 (duplex residential).Zone Change 1209-01,
Applicant: St. John'
s Lutheran Church
MOTION - Alvarez SECOND - Cavecche AYES - Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 20-01 be read by title only and same was
approved and adopted
by the preceding vote.9.3 ORDINANCE NO. 21-01 (
SECOND READING) (A2500.0 Redevelopment)An Ordinance of the City Council of the City of Orange
approving and adopting the Amended and Restated Redevelopment Plan for the Orange
Merged and Amended Redevelopment Project Area that merges and amends the Tustin Street Project
Area, Southwest Project
Area, and Northwest
Project Area.MOTION -
Alvarez SECOND - Cavecche AYES - Slater, Alvarez, Mayor Murphy,
Coontz, Cavecche Moved that Ordinance No. 21-01 be read by title only and same was approved
and adopted by
the preceding
CITY COUNCIL MINUTES November 27,2001
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.RECESS TO CLOSED SESSION TAPE 3485
MOTION - Murphy SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that a
need to take action arose after the posting of the Agenda and there is a need to take immediate action on
the following case:City of Orange
v. PRG Investments, Orange County Superior Court Case No. 01CC03506.The City Council
recessed at 6:23 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:Note: Did not
discuss)
City of Orange v. Airport Working Group, Orange County Superior Court Case No. 0lCC09018
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 TAPE
3540 Luis Caballero, 487 S.
Grand, asked for a response to a letter he submitted regarding a two-story structure being built
at 475 S. Grand.The City Manager
was directed to follow up on this.13. PRESENTATIONS 13.
1 ORANGE
PUBLIC LIBRARY NEEDS ASSESSMENT REPORT (C2500.I)Presentation was given
by Nora Jacobs, City Librarian, of the Library Master Plan Needs Assessment Report as
submitted by consultants from Group 4 Architecture, Design + Planning.The needs assessment
report is a key element of the 20-Year Library Master Plan currently under development.She
reviewed
the planning process, community participation, needs and future steps outlined in this report,
noting that the community participation included input from over 900 library patrons and residents
from all parts of the City.PAGE 13
CITY COUNCIL MINUTES November 27,2001
13. PRESENTATIONS (Continued)
The needs assessment concludes that existing facilities can not fully meet the current or future
demand due to growth and changes in Orange, both demographically and geographically; that
existing services are impacted due to the small size and age of existing facilities; that there is no
room for future needed services; and that input from library patrons demonstrates the need for
more materials and more space in which to use them.
She reviewed charts showing the square footage of library space versus population growth; the
location of existing libraries; and areas of the City that are under-served by existing
libraries.She discussed service level guidelines and the need for additional books, additional space
for seating, and the need to keep pace with new information technology and media
formats.She reported the next steps to this process include determining development strategies to
meet needed space, developing site evaluation criteria, identifying potential sites, and developing
Prop 14 application
materials.Councilmember Coontz complemented this comprehensive and dramatic report. She
asked about the 28,000 patron figure for EI Modena Library and if there were plans to attract
more people to this library. She also discussed the competition for state funds and the need to look
at future libraries in terms of both being successful in obtaining funding and not obtaining
funds.She also wanted to ensure that the type and quality of books are addressed and
suggested tracking the types of materials that are checked out so the Library can attract the actual
interests of the
community.Ms. Jacob explained the 28,000 represents the geographic area served by the El Modena
Library and the study will be looking at ways to attract more people as well as other
services.Mayor pro tem Alvarez asked about future trends of libraries, if they are getting away
from books and moving more towards CDs and tapes; if we will be looking at both short and
long term strategies; and if libraries are having to compete with book
stores Ms. Jacob explained that media technology is a supplement to books, not a replacement;
and they are looking at bookstores for ideas to implement in new
libraries.Mayor Murphy indicated that an important part of development strategies is to look at
locations for libraries - whether they should be in areas where people have to drive to them or in areas
where people already gather; and that it is important to look outside of what's been the tradition
in the past.
Councilmember Cavecche agreed there is great competition for obtaining state funds, and how
joint use facilities usually get preference. She also noted there is a need to obtain technology
before it can become available to the public. She asked if the libraries are maxed out on shelf
space, if land and the type of space the city needs is being addressed, and the need to focus on
what Orange libraries have and what the needs of the community are. She complimented Ms.
Jacobs on a great presentation.
PAGE 14
CITY COUNCIL MINUTES November 27, 2001
13. PRESENTATIONS (Continued)
Ms. Jacob indicated there is a small amount of shelf space available at the El Modena Library,
but the other libraries are maxed out; and future land and space needs will be addressed more
fully in Phase II of this Needs Assessment Report.
Mayor Murphy acknowledged the members of the Library Board of Trustees and the Library
Foundation.
14.PUBLIC HEARINGS TAPE 5150
14.1 APPEAL NO. 484, ZONE CHANGE NO. 1210-01, NEGATIVE
DECLARATION NO. 1676-01 - CHAPMAN UNIVERSITY (A4000.0 APP
484)Time set for public hearing to consider an appeal by Chapman University on the
Planning Commission's recommendation for denial of a Zone Change from Duplex Residential to
Public Institution (Specific Plan) [PI (SP)] to accommodate a Specific Plan boundary adjustment
for the inclusion of three residential properties located at 415 East Walnut Avenue, 526
North Shaffer Street and 534 North Shaffer
Street.NOTE: Negative Declaration 1676-01 has been prepared for the proposed project to
assess the potential for environmental effects in accordance with the California Environmental
Quality Act.The Community Development Director reviewed the location of the properties in
this proposal,noting that some of the issues addressed by the Planning Commission were
that adjacent properties, not owned by the University, would be left out of the Specific Plan, and
what the future use of these properties would be if they are incorporated into the Specific
Plan, as Chapman University has not submitted any proposals for
these sites.The Community Development Director also noted specific language in the Specific
Plan which states that changes shall be considered for amendment when submitted as a contiguous
block of properties along a single street frontage. The Planning Commission did not feel
these properties met the requirements of
this language.Jack McGee, P.O. Box 293, Yorba Linda, representing Chapman University, reported
the request is to add three parcels to the University Specific Plan area and that the parcels are
contiguous to the Plan. The three remaining parcels at this comer are not included in this proposal
as the University has not acquired them. They have made offers to these property owners,
but they have not been accepted. He noted the Planning Commission's concern was whether or
not these parcels are a contiguous block of properties on a single street frontage. This relates to
the fact that certain parcels are left out and not included in the proposal and the impacts that
might be placed on those properties and residents with any future University use of the lots.
However, he cited more definitive language in the Resolutions that adopted the Plan which
addressed Orange Street and Center Street specifically, noting that this proposal does comply with
the requirements of the Specific Plan and asked the Council to consider a different interpretation than
the Planning
Commission used.
CITY COUNCIL MINUTES November 27,2001
14. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
The following people spoke in opposition to the proposed zone change. Their concerns included
traffic problems along Shaffer Street, use of the lots for temporary parking, the affect of this zone
change on the quality of life in the neighborhood, diminishing property values, and that
Chapman University should wait until they own all properties on the comer before initiating a
zone change.
Janet Crenshaw, 464 N. Shaffer
Steve Naslund, 660 N. Shaffer
Vic Iverson, 719 E. Hoover
Christine Steinegge, 427 E. Walnut
Mike Shakeri, 2005 Ivy Hill Lane
Elizabeth Madden, 429 E. Walnut
Mark Kreider, 461 N. Shaffer
Jack McGee responded to concerns expressed by the speakers. He noted the University has no
intention with this proposal of allowing any access to Shaffer Street and that temporary parking
is a possible use for these lots, but is not part of this proposal. The University has discussed
possible uses for these lots so as not to hide their intentions, but this proposal is strictly for a
zone change.
Gary Brahm, Chapman University, reported the Specific Plan calls for the University to have
more on-site residents in order to minimize traffic. There is a proposal in the future for a
day care center on the proposed site, but would like to be able to use the site for parking in
the interim. They would consider restrictions on the use of this
site.Councilmember Coontz noted that apparently there have been meetings which have taken
place about different structures and traffic access and asked if anything had been submitted to the
City.Jack McGee indicated an application has been submitted to the City for a nearby
parking structure and residence hall and reviewed the specifics of each. However, these are not part
of this proposal, and the University wanted the community to know what the general plans are
for the
future.Mayor pro tem Alvarez asked if the Planning Commission had considered a zone change for
the entire comer. The Community Development Director indicated this application is only for
the properties that the University owns and that the other properties are not interested in selling
at this
time.Councilmember Cavecche asked about the language in the Plan regarding contiguous
properties.The Community Development Director indicated this is a policy decision for the
Council.PAGE
CITY COUNCIL MINUTES November 27,2001
14. PUBLIC HEARINGS (Continued)
Councilmember Cavecche asked what the emollment is at Chapman University and why the
University would need these lots for additional parking if there is currently adequate parking.
TAPE TWO
Gary Brahm indicated an interim parking lot would be used while the proposed nearby parking
structure was being built.
Councilmember Coontz reported the language for the contiguous properties was included in the
original Specific Plan because Chapman was expanding and buying up property on a piecemeal
basis. The University has made great changes and has contributed a lot to the community, but
the City needs to go back and look at the original intent of the language.
Councilmember Slater noted he has seen the empty lot which is part of this application used as a
construction lot with a pile of dirt and weeds and asked if these were code violations.
The Community Development Director stated the University did get a permit to temporarily
stockpile dirt, but their department would be more diligent in monitoring this lot.
MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 2 - 215 Councilmember
Slater stated that in the long term it does make sense for Chapman to have the entire
comer and develop it in accordance with guidelines, but since they do not own the remaining
parcels, it is still a residential neighborhood and to do anything else would be poor planning
and piecemeal development. He concurred with the Planning Commission findings as to
why this zone change should not be approved. He also noted that the vacant lot at 534 N.Shaffer
has never looked worse since it was purchased by Chapman and is degrading the neighborhood.
He also stated there could be potential adverse affects with this proposal and suggested
denying the Negative Declaration.Councilmember
Coontz expressed disappointment with this proposal. It is piecemeal and there are
no immediate plans to bring it back for further development. It is spot purchasing of property and
degrading to the neighborhood, and she expressed concern about the traffic and speeding problems
along Shaffer Street. She suggested a review of the Specific Plan is necessary because of
how much the University has grown and any development needs to be done in the sense of a Master
Plan so everyone understands the steps Chapman is taking. She also noted the relationship
between Chapman University and the neighborhoods has deteriorated over time.Councilmember
Cavecche suggested it might be a good idea for Chapman to come forward with a
final general plan, although this might set off another set of problems. She was concerned they are
trying to do too much and also with their need for parking with this little piece of property,which
is not good planning for their growth. She expressed concerned about the number of appeals
that have come forward on Planning Commission decisions. The Planning Commission has
a purpose and she will stand by the Commission's decision as she has done with all other appeals.
PAGE
17
CITY COUNCIL MINUTES November 27,2001
14. PUBLIC HEARINGS (Continued)
Mayor pro tern Alvarez stated every time Chapman University builds something it is always first
class and a tremendous asset. He agreed this proposal looks piecemeal, but in trying to look at
the bigger picture and be proactive, offered a suggestion that this zoning be approved and then
take steps to direct staff to begin a zone change for the remaining three lots. This would not
change the value for the property owners who would be able to maintain their residences, but
would have a ready buyer if they want to sell.
Mayor Murphy agreed that Chapman will probably own the entire block some day, but it should
be at the choice of the remaining property owners. It is a challenge with regard to the question of
contiguous properties and this decision making or breaking development plans. He hopes
Chapman continues to grow and prosper and knows they are trying to be sensitive to traffic and
parking issues, but can not support this particular request as there is a fear of the unknown and
hoped Chapman would come back with more specifics on how the Council might proceed.
MOTION - Slater SECOND -
Coontz AYES - Slater,
Mayor Murphy, Coontz, Cavecche NOES - Alvarez Move
to deny Negative
Declaration No. 1676-01 as the California Environmental Quality Act CEQA) document and
determination.MOTION - Slater SECOND -
Cavecche AYES - Slater,
Mayor Murphy, Coontz,
Cavecche NOES - Alvarez Move to deny Appeal
No. 484, based
on the findings ofthe Planning Commission.Councilmember Coontz asked the Community Development Director
to come back with a recommendation on what changes can be made
to the Chapman University Specific Plan so that as Chapman moves and grows, that the
Council can address the Specific Plan issues in a better way. It is an ancient document at
this point and has been amended many times. It needs to be reviewed to see if it has all
stipulations that the City needs for the protection of the community and also for opportunities for Chapman University.
15.PLANNING AND ENVIRONMENT TAPE 760 15.
1 Report by the Public Works
Director on the results ofthe Speed Hump Field Tests.S4000.S.6)PAGE 18
CITY COUNCIL MINUTES November 27, 2001
15. PLANNING AND ENVIRONMENT (Continued)
SUMMARY: Speed humps with various profiles were tested using several types of Police and
Fire Department vehicles. The test was to determine what effects speed humps would have on
emergency response time as well as the physical effects on the vehicles and emergency personnel
themselves.
The Public Works Director reported the Council adopted the Residential Neighborhood Traffic
Management Plan in August, and at that time, direction was given to reconsider using speed
humps in the Plan. As a result, additional research was done and speed humps of varying heights
were tested. The tests resulted in problems with various Fire equipment. Therefore staff
continues to recommend that speed humps not be used in the Traffic Management Plan.
However, if the Council does want to include them, then staff recommends that the height of any
speed hump be limited to 2 Y:z inches maximum and that speed humps only be permitted on those
routes that are not arterial highways and that are not secondary response routes. Speed humps
will also only be considered if other less restrictive measures are unsuccessful.
Councilmember Slater asked about the criteria to determine the size and shape of speed humps
and what other cities use; and what the reasoning is for not installing them on grades of 5% or
greater.
The Public Works Director stated the basic standard used to be 3 to 3 Yz inches but the use of
lower ones has been implemented in other jurisdictions and 2 Y:z inch humps have been used in
recent developments. There are also safety concerns for using humps on steeper grades, and that
speed humps are usually used on grades below 5%.
Councilmember Coontz reiterated a long time concern of hers that the City needs to pay more
attention to roadways and circulation systems in developing new tracts.
Mayor pro tern Alvarez asked about the speed humps on Shaffer Street which are near a Fire
Station, and what determines the number of humps on a street.
The Public Works Director stated the Fire Department avoids the humps on Shaffer by using
other streets; and the number of humps on a street is determined to avoid the basic buildup of
speeds and to maintain speed uniformity.
Councilmember Cavecche asked about the private streets in some of the hillside developments
and wanted to ensure that the map of suggested streets has been reviewed by the Fire
Department.
The Fire Chief explained that the private communities are subject to the Uniform Fire Code and
it would be his intention to impose the same criteria on private streets through the Uniform Fire
Code standards as imposed on public streets. He further stated the streets the Fire Department
uses need to be protected for emergency equipment and they did have input on developing the
map of streets used as secondary response routes.
PAGE 19
CITY COUNCIL MINUTES November 27,2001
15. PLANNING AND ENVIRONMENT (Continued)
Speakers
Mayor Murphy indicated he had received a phone call from Mr. Momoe, who is in support of
speed humps
Mel Vernon, 363 Lincoln, supports the use of2 Y:z inch humps
Stacy Germain, 2723 N. Pampas, supports the use of speed humps
Dan Graupensperger, 2029 N. Shaffer, speaking as both a resident and Orange Firefighter;
supports the use of speed humps but only as a last option
Phil Leseh, 2292 N. Wisteria, Parkridge Community, spoke in support of retaining the
existing speed humps in their community. He stated that this community was turned over to
the Homeowners Association in 1999 from Standard Pacific and the speed humps were
already installed.
Councilmember Slater stated speed humps are not ideal, but a necessary evil, and should be
considered as a last resort. He would like to see them included in the Traffic Plan as an option
and considered on a case by case basis. He experienced the speed humps first hand when he
rode in the Fire emergency equipment over the speed humps that were being tested, and
suggested that the 3 Yz inch humps are too high and that the 2 Yz inch ones are better and still
serve the same purpose. He also expressed concern with precluding streets with a 5% grade. He
supported using humps no greater than 2 % inch in height.
Mayor Murphy stated he originally had problems with the reduced response times for emergency
vehicles, but feels there are limited and specific areas where humps can be used that won't affect
these response times. He supports using humps as an alternative and considered only on a case
by case basis. He also agreed the City should not create circumstances that are different for
private streets in gated communities.
Councilmember Coontz suggested the Planning Commission and Planning Department look at
different tracts that have been approved to see what the pluses and minuses are. The Parkridge
Tract has dangerous streets and roadway configurations in general need to be addressed so we
don't create any more problems.
Councilmember Cavecche stated she was also able to ride in the Fire units over the speed humps.
She noted that humps definitely show rescue units, but they do control traffic on a daily basis.
She appreciated the maps outlining the emergency secondary response routes, and supports the
consideration of speed humps as a last option. She also asked about the 5% grade.
The Fire Chief explained the main problem with grades is going uphill, that the weight of the
unit creates an effort for the trucks, and this would be compounded with speed humps. He also
pointed out the speed humps in the Parkridge Community private streets were put in without City
approval, but agreed there is a downhill speed problem in that community.
PAGE 20
CITY COUNCIL MINUTES November 27, 2001
15. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tem Alvarez stated he is not a big fan of speed humps; that he worked with the Handy
Street neighborhood in using Stop signs for traffic control; and agreed it is a big problem for fire
trucks going uphill. He suggested dealing with speeding problems in other ways and did not
want to limit emergency response times.
Council discussed retaining the existing speed humps and that criteria should be applied equally
for both private and public streets.
MOTION - Murphy SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to accept
the report but recommend including the speed hump alternative based on the criteria set forward
of a maximum of 2 % inch with the specifics that the existing speed humps in the Parkridge
community and on Shaffer Street will remain.16. ADJOURNMENT MOTION -
Alvarez SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at 9:
50 p.m.4';1n~ ~H71/AJ-r:-CASSANDRA
J. HCART, CMC CITYCLERK
OfJ:J!/.4 MAYOR
PAGE 21