HomeMy WebLinkAbout6_12_2001 - Council MinutesAPPROVED BY CITY COUNCIL ON JUNE 26, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING JUNE 12,2001
The City Council of the City of Orange, California convened on June 12, 2001 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez
1.3 ROLL CALL
PRESENT Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None 1.
4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor
Murphy announced the return of Concerts in the Park, beginning June20, 2001,held
in the Hart Park band shell and free to the public. The Orange Symphonic Band will perform
the first concert.2.
PUBLIC COMMENTS TAPE 239 Michelle
Turner, 417 N. Cypress St., commended the Orange Police Department for their assistance
in reducing the gang graffiti in the 400 block area of North Cypress Street.Mary
Dargatz, 2534 E. Burly Ave., addressed the issue of proposed and conflicting uses at
the Yorba Park site (softball, dog park, BMX parking) and its impacts on the surrounding
neighborhoods. Safety concerns were expressed. She asked Council to listen
to the local residents and put that site to the best use for everyone.3.
CONSENT CALENDAR TAPE 403 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.PAGE
1
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 12, 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 May 17, 24 and 31,
2001.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting May 22,
2001.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS3.5 Agreement between the City of Orange and the Orange County Bar
Foundation,Inc. for provision of Juvenile Diversion Services. (A2100.0 AGR-
3559.A)SUMMARY: The Orange Police Department Juvenile Diversion Program
is an alternative to formal processing of juvenile offenders who have exhibited
personal or family needs, which might better be rectified by intervention at the local
level. Services include: individual, small group, and family counseling; community
service; restitution;employment referrals; educational workshops; and other individualized
responses to
specific problems.ACTION: Approved the Agreement between the City of Orange and the
Orange County Bar Foundation, Inc. in the amount of $86,033; and authorized the Mayor and
the City Clerk to execute the Agreement on behalf of
the City.FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year
2001-2002 in account number 100-4032-
427800 (General Fund-Gangs-Other Contractual Services).3.6 Agreement between the City
of Orange and California
Forensic Phlebotomy, Inc.A2100.0 AGR-1626.D)SUMMARY: California
Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,breath and urine evidence for the
Police Department. The proposed Agreement is for the
period July
CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Agreement between the City of Orange and California Forensic
Phlebotomy, Inc. in the amount of $31,000; and authorized the Mayor and the City Clerk
to execute the Agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2001-2002
in account numbers 100-4031-426700 (
Detectives-Other Professional & Consulting Services) and 100-4041-
426700 (Traffic-Other Professional and Consulting Services).3.7 Amendment No.2,
Agreement No. C-9-9228 with
Orange County Transportation Authority (OCTA). (A2100.0 AGR-3248.2)SUMMARY: The
City and OCTA have entered into Agreement No. C-9-9228
to cooperatively prepare the enviromnental documents for the improvements at the SR-57/
SR-22-The City Drive Interchange.
Amendment No.2 to this Agreement extends the time of completion of
these documents.ACTION: Approved Amendment No.2 to Agreement No. C-
9-9228 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None.3.8 Second Amendment to Agreement 3580 with the Community Services
and Library Foundations, to include use of City Hall Parking Lot B
as a
fundraising opportunity for both foundations during the 2001 International Street Fair. (
A2100.0 AGR-3580.2)SUMMARY: The initial Agreement 3580 from August 2000 allowed the
Community Services and Library Foundations to operate a pay parking lot at the
locations of the former Bank of America building at 345 East Chapman Avenue
during the 2000 International Street Fair. It was modified later that month with
a First Amendment adding the Main Library parking lot, located at 101 North Center Street.
Staff recommends that the agreement be amended a second time to add the City Hall Parking Lot
B located behind the Finance Department area of the Civic Center in the
100 block of South Grand Street between Chapman A venue and Almond Street
as designated in Exhibit C. All other terms of the original five-year
agreement would remain unchanged.ACTION: Authorized an amendment to Agreement 3580 adding City Hall Parking
Lot B to the locations authorized for operation of a pay parking
lot as a fundraising opportunity for the Community Services and Library Foundations during the 2001
International Street Fair; and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: Since the Foundations will reimburse the City for staff costs (if
any)associated
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
BIDS
3.9 Award of Bid, No. 001-33 to Plant Control Landscape Maintenance for
Landscape Services. (A2100.0 AGR-
3248.2)SUMMARY: It is recommended that the City Council award Bid No. 001-
33 to Plant Control Landscape Maintenance in the amount of $130,233.20 for
landscape services at City facilities, public works medians and right-of-ways, and
reject all other bids. The landscape contract is a five-year contract with
one-year renewals, effective July 1,2001.ACTION: 1) Approved the award of
Bid No. 001-33 to Plant Control Landscape Maintenance in the amount of $130,233.20;
and 2) authorized the Mayor and City Clerk to
execute the contract on behalf of the City.FISCAL IMPACT: Sufficient
funds have a been budgeted for landscape maintenance
services for FY
2001-02 in
the
following accounts:100-
7022-424301 (Landscape
Maintenance):262-5021-
424301 (Landscape Maintenance):TOTAL:102,
961.20 27,272.00 130,233.20 3.10 CLAIMS C3200.
0)The City Attorney
recommends that the
Orange City Council
deny the following
Claim(s) for
damages:a. Pearl
Chavez b. Efren Fulgencio c. Chris Nacionales d. Tammy Williarns FISCAL IMPACT: None.
ACTION: Denied
Claim(
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Change Order No. One for La Veta Park Tot-Lot Improvements (A2100.0
AGR-
3721)SUMMARY: It is recommended that the City Council approve Change Order
Number One to Coast Recreation, Inc., in the amount of $4,327 for additional play equipment
and signage for the tot-lot at La
Veta Park.ACTION: Approved Change Order Number One to Coast Recreation, Inc. in
the amount of $
4,327.FISCAL IMPACT: Sufficient funds exist to fund this change order in
the following account: 510-7021-481105-0087 (
La Veta Park): $4,327 3.12 Authorize purchase and installation of
44 uninterrupted power service (
UPS)devices. (A2100.0 AGR-3780)SUMMARY: In anticipation of energy failures,
staff has identified 44 intersections that could be kept in full operation (not just flashing)
by installing a battery backup system UPS). In order to implement such a system 44 UPS
devices with a cabinet (for batteries)must be purchased and installed by the
manufacturer. This should provide for improved safety and much
enhanced traffic flow during blackout conditions.ACTION: 1) Appropriated $220,000 from
unappropriated Fund 272 reserves into the Gas Tax LED Replacement
Account No. 272-5032-483100-6464. 2) Authorized the Mayor and City Clerk to execute a contract
with U. S. Traffic Corp. for the purchase and installation of
uninterrupted power service (UPS) devices at 44 critical intersections.FISCAL IMPACT: After
the appropriation transfer has been made adequate funds will be
available in Account No.
272-5032-483100-6464 (Gas Tax LED Replacement Account) $220,000.00 3.13 Award
of Contract - Project No. D-136; CDBG Project - Shaffer Street Storm
Drain Improvements from
Walnut Avenue to 200-feet south of Everett Place.A2100.
0 AGR-3781)SUMMARY: The project improvements include the construction of reinforced concrete
storm drain pipe, inlets, and junction structures along Shaffer Street
north of Walnut Avenue to intercept street runoff and reduce localized street flooding.The bid opening
was held on May 24, 2001. Fourteen formal bids were received for this project ranging
from $171,
288.00
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
Simich Construction failed to meet the Disadvantaged Business Enterprise (DBE)
participation goal of ten (10%) percent as required by the project specifications.
Therefore, the bid received from Simich Construction is deemed non-
responsive.ACTION: Rejected the bid proposal submitted by Simich Construction as
non-responsive, and awarded Bid No. 001-36 in the amount of $179,347.00 from
the second low bidder, J. A. Salazar Construction, 14937 Rayfield Drive, La Mirada, CA
90638 and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted and available in the
following account:310-9945-483400-5552 Community Development Block
Grant (
CDBG) - $220,000 DONATIONS 3.14 Request to Accept and Appropriate Donations from the
Friends of the Orange Public Library ($15,000) and from the Orange
Chapter of Soroptimist
International 500). (C2500.I)SUMMARY: Two substantial donations have recently been made
to the Orange Public Library. Acceptance and appropriation into the new fiscal year's
budget are requested for a $15,000 donation from the Friends of the Orange Public Library
and for a $500 donation from the Orange
Chapter of Soroptimist International.ACTION: Accepted and appropriated a $15,000 donation from the
Friends of the Orange Public Library and a $500 donation from the
Orange Chapter of Soroptimist International. Receipt of both donations will be directed into
the Receipt of Patron Donations/Materials budget for additional library materials in
FY 01-02 (Account # 100-2001-293900-9986). Appropriation of both
donationswill be directed into
the Patron Donations/Materials fund (Account # 100-2001-443101-9986).FISCAL IMPACT: The library'
s available funds for children's and adult books will increase by $15,000 in FY
01-02 thanks to the Friends' donation. The library's available funds for magazine
subscriptions will
increase by $500 in FY 01-02 thanks to the Soroptimists'donation.NOTE: After
the motion to accept the items on the Consent Calendar, Mayor Murphy expressed appreciation
on
behalf of
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
GRANTS
3.15 Governor's Office of Criminal Justice Planning (OCJP) Juvenile Accountability
Incentive Block Grant (JAIBG) (C2500.K)
SUMMARY: The Police Department has received a grant from the OCJP in the amount
of $29,052 with a cash match requirement of $3,228. The funds are earmarked for the
Orange Police Youth Services Juvenile Accountability Program whose purpose is to
identifY juvenile delinquency and initiate quick intervention, accountability and
diversion. The funds will be used for administrative and operational costs, books and
handouts, equipment purchases, and grant training.
ACTION: Appropriated a total of $32,280 in the FY 2001-02 budget to the
following
accounts:16,300 to account number 100-4031-
471301-
2241 (General Fund-Detectives-Equipment-JAIBG);12,752
to account number 100-
4031-441600-241 (General Fund-Detectives-Miscellaneous Material and
Supplies-JAIBG);2,128
to account number 355-4031-441101-2241 (Federal Asset
Forfeiture-Detectives-General Office Supplies-OCJP):
and 1,100 to account number 355-4031-429300-2241 (Federal Asset Forfeiture-Detectives-Overnight Training-
OCJP) as the cash match.Amended the FY 2001-02
Revenue Budget in the General Fund in the amount of$29,052 to reflect
the receipt ofthe amount of the OCJP Grant.FISCAL IMPACT: The City of Orange
was awarded $29,052 through the OCJP JAIBG funds. This is a reimbursable grant
from the
Governor's office. Unreserved fund balance is available in the Federal Asset Forfeiture account to
fund the cash match appropriation.LIBRARY CLOSURES
3.16 Request to close the Main Library on Friday and Saturday, August 31-September
1,during the International Street Fair. (C2500.I)SUMMARY: Closure of the Main Library from 2-6 p.
m., Friday, August 31, and from 10
am to
6 pm, on Saturday, 10 am to 6 pm., September 1, is
requested to
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
3.17 Request for Closure of Orange Public Libraries on August 23, 2001, for Staff
Training Day. (C2500.I)
SUMMARY: Closure of the Main Library, EI Modena Branch Library and Taft Branch
Library is requested to allow all library staffto attend a Staff Training Day as proposed in
a Library Administration work plan objective in the FY 01-02
budget.ACTION: Approved closing of the Main Library and the El Modena and Taft
Branch Libraries on Thursday, August 23, 2001 for Staff Training
Day.FISCAL IMPACT: There is no fiscal impact to closing the library. All full-
time staff will report as scheduled and will work a standard workday. Funding
for mandatory attendance by all part-time staff is sufficient to cover this activity and
their schedules will be adjusted accordingly so that no extra
hours
are added.RESOLUTIONS REMOVED
AND HEARD SEPARATELY)3.18 RESOLUTION NO. 9454 (A2100.
0 AGR-
3782; AGR-3783)TAPE 418 A Resolution of the City Council of the City of
Orange approving and authorizing the execution of (1) a Cooperation and Reimbursement Agreement
by and between the City of Orange and the Orange Redevelopment Agency for the acquisition
by the City of a pedestrian easement in the Plaza Historic District,
and (2) an Easement Acquisition Agreement by and between the City of Orange and The
Courtyard in Orange, LLC, a Delaware Limited Liability Company; and making
certain findings with respect thereto.See
Redevelopment Item No. 3.4)Councilmember Slater asked for clarification on the
thought process involved in buying something that already exists as well as the issues
of
maintenance, liability, and hours open.The Director of Economic Development explained that
the opportunity arose to work with the developer who wanted what the City wanted for this
property. The results are a high quality development. Staff, in working
with developer, recommended to Council that assistance be made. The result is providing access to
the Olive Street parking lot.The developer, Leason Pomeroy, lost 2000 sq. ft. in retail space
in order to provide this pedestrian walkway. The rents the developer is able to get
at this time warrants some type of assistance from the Agency. It is of considerable value to
the public
to have this right-of-way protected.The Assistant City Attorney added
maintenance and liability of
the easement would remain with the developer.Councilmember Coontz commented the
parking lots
CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
The Director of Economic Development indicated staff has been authorized to perform a
study on how to consolidate parking lots with the numerous owners and discuss problems
such as drainage. The study will be ready soon.
Councilmember Alvarez questioned why these issues were not brought before the
Council at the beginning of the project at which point the Council could have approved
some type of credit being issued. Currently, Councilmember Alvarez has a hard time
using taxpayer money to pay for design features the public did not ask for and for paying
40 thousand to only get the easement for 15 years.
Mayor Murphy summarized Council's concerns and asked that staff negotiate a longer
term for the easement; examine circulation to the lot; and that disabled access is assured.
Councilmember Coontz added the easement should include a clause addressing re-
negotiation of terms. Councilmember Alvarez feels the time period is too short and
would like some historical information on the typical length of easements granted by the
City.
Councilmember Slater stated the project design is such that it already benefits the
developer by drawing the public through the property from the parking lot. He can not
understand why the City is paying for something that already exists.
Councilmember Coontz reminded Council of various access points to the Plaza that have
disappeared in the last few years. This is one project where public access can be
preserved.
Councilmember Slater commented this developer and project were the recipients of a
recent award from Old Towne Preservation Association.
The City Manager indicated he would provide Council with a comparison of easements
in other areas that are unique and different downtown.
MOTION - Alvarez SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Moved to
continue this item for 30 days.3.19 RESOLUTION
NO. 9456 (S4000.S.4)A Resolutionof
the City Council of the City of Orange temporarily closing and restricting parking on
Walnut Avenue from Cypress Street to Shaffer Street, for construction of city
storm drain and sewer improvements project.ACTION: Approved.PAGE
9
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CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9457 (L1200.0 LMD-
82-1)A Resolution of the City Council of the City of Orange initiating
proceedings and ordering the preparation of a Certified Engineer's Report for certain
assessment district
proceedings (82-
1).ACTION: Approved.3.21 RESOLUTION NO. 9458 (
L1200.0 LMD-82-1)A Resolution of the City Council of the City of
Orange giving preliminary approval to the Certified Engineer's Report for
Landscape Maintenance Assessment District 82-1 Shadow Ridge) and declaring its intention to provide for
an annual levy and collection of assessments in that special maintenance district and setting
a time and place for Public Hearing to
receive evidence
on the foregoing matters.ACTION: Approved.3.22
RESOLUTION NO. 9459 (LI200.0 LMD-86-2)A Resolution of the City Council
of the City of Orange initiating proceedings and ordering the preparation of a
Certified Engineer'
s Report
for certain assessment district proceedings (86-2).ACTION:
Approved.3.23 RESOLUTION NO. 9460 (Ll200.0 LMD-86-2)A Resolution of the
City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2 Santiago Hills) and
declaring its intention to provide for an annual levy and collection of assessments in
that special maintenance district and setting a time
and place
for Public Hearing to receive evidence on the
foregoing matters.ACTION: Approved.3.24 RESOLUTION NO. 9461 (L1200.0 LMD-94-1)
A Resolution of the City Council of the City of Orange initiating proceedings
and ordering
the preparation
of a
CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
3.25 RESOLUTION NO. 9462 (L1200.0 LMD-
94-1)A Resolution of the City Council of the City of Orange giving preliminary
approval to the Certified Engineer's Report for Landscape Maintenance Assessment
District 94-1 Sycamore Crossing) and declaring its intention to provide for an
annual levy and collection of assessments in that special maintenance district and setting a
time and place for Public Hearing to receive evidence on
the foregoing
matters.ACTION: Approved.3.26 RESOLUTION NO. 9463 (
C2500.P.3)A Resolution of the City Council of the City of Orange determining that there is
a need to continue the rehabilitation of Water Wells 23 & 24 in response
to an emergency.Well 23 is located at 3142 E. Walnut Ave. adjacent to Santiago Creek; Well
24 is located at 2930 E. Collins Ave. next to Fire
Station No.
2.ACTION: Approved.3.27 RESOLUTION NO. 9464 (
S4000.S.4)A Resolution of the City Council of the City of Orange temporarily
closing Center St.from Chapman Avenue to Almond Avenue from 7:00 a.m. to 1:00 p.
m. on Sunday,August 26, 2001 for a Ministries' Faire at St. John'
s Lutheran
Church.ACTION: Approved.3.28 RESOLUTION NO. 9465 (
C2500.J.3)A Resolution of the City Council of the City of Orange approving and
adopting the Final Disadvantaged Business Enterprise (DBE) Program and Established
Overall Annual DBE Goal of 10% for Federal Fiscal
Year 2001/
2002.ACTION: Approved.3.29 RESOLUTION NO. 9466 (C2500.M.
16.1 LLN-00-8)A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL 2000-8 adjusting lot lines of certain real
property situated at 464 South Esplanade Street and 423 South Estate Drive in the City of
Orange,
County of Orange, State of California.Owners: Robert H. Schuller and
Arvella Schuller
and Kittie
CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
3.30 RESOLUTION NO. 9467 (R3500.0)
A Resolution of the City Council of the City of Orange determining that a Project Area
Committee shall not be formed in connection with the amended and restated
Redevelopment Plan for the Southwest Original, Southwest Amendment No.1,
Southwest Amendment No.2, Southwest Amendment No.3, Tustin Street Original,
Tustin Street Amendment No.1, and Northwest Redevelopment Projects.
See Redevelopment Item No. 3.5)
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
3.31 RESOLUTION NO. 9468 (S4000.S.3.1.2)
TAPE 1052
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9171,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
Councilmember Coontz voiced concern about this resolution which dramatically enlarges
the area around Chapman University and is now called the Chapman University Parking
Permit Area. It includes Shaffer Street and goes almost to Chapman Avenue, over to
Cypress Street, to Cambridge and north to just below Collins Avenue. It is recognized
there are many parking problems with universities and high schools no matter where they
are located, and the City is trying to resolve these parking problems. This change would
affect parking on Shaffer Street and have an impact on Orange High School parking.
Councilmember Coontz contacted the principal of Orange High School who indicated no
one from the City had discussed the parking plan with him. The Principal is willing to
cooperate. There are cars always parked on the west side of Shaffer Street and along
Walnut Avenue which are students and teacher's cars. Orange High School has a secured
parking lot and cars are released only at certain times. For any extensive program as this
one, the City needs to communicate with the people who will be most affected. When
Orange High School is letting students out for the day, Shaffer Street becomes very
congested and with a parking permit area on that side would create problems. Another
issue, Chapman University is planning on taking down the student dorm buildings on the
west side of Shaffer Street. There is a possibility they might want access on Shaffer
Street.
Councilmember Coontz expressed concern regarding Cypress and Lemon Streets where
The Friendly Center is located because these streets have the problem of the University's
parking structure and many of those homes along Cypress Street have no driveways.
There are continuing circulation problems through Old Towne.
Councilmember Coontz asked what kind of notification has been given to affected
residents and how this revision would impact Police costs and the permit process?
PAGE 12
CITY COUNCIL MINUTES June 12,2001
3. CONSENT CALENDAR (Continued)
The Assistant City Engineer stated the current action was prompted in response to
numerous requests throughout the area. Notification was mailed to property owners in
the area; notification was sent to Orange Unified School District but probably not to the
Principal at Orange High School. Costs of police enforcement would increase. Staff is
trying to resolve the issue of reasonable parking in front of private residences impacted
by students and faculty parking in the neighborhoods.
The City Manager described the current action as a waiver of fees only. Councilmember
Coontz felt that a need for continuance for further understanding was necessary.
Councilmember Alvarez asked who enforced parking within the area, both the university
and the high school? Councilmember Alvarez asked for information on the costs of
enforcement. The Assistant City Engineer stated that the entire area is enforced by the
Orange Police Department.
MOTION - Coontz SECOND -
Slater AYE - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Moved to
continue this item for 30 days.3.32 RESOLUTION
NO. 9469 (C2500.M.16.1 LLN-OI-08)A
Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL-
2001-08 adjusting lot lines of certain real property described as 6612 Prescott
Court,Lot 31 and Parcel 'A' of Tract 15695 in the City of Orange, County of Orange, State
of
California.Owners: Serrano Heights 1400, LLC & Centex Homes, A General
Partnership ACTION:
Approved.3.33 RESOLUTION NO. 9470 (C2500.M.16.1
LLN-OI-09)A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL-2001-09 adjusting lot lines of certain real property
described as 6775 Boscana Court,Lot 82 and 6781 Boscana Court, Lot 83 of Tract 15695 in the
City of Orange, County
of Orange, State of California.Owners: Centex Homes, A General Partnership & Derek
S. and
Rosalie A.
CITY COUNCIL MINUTES June 12, 2001
3. CONSENT CALENDAR (Continued)
3.34 RESOLUTION NO. 9471 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring weeds a public nuisance
and initiating abatement proceedings.
ACTION: Approved.
3.35 RESOLUTION NO. 9472 (A2100.0 AGR-
3784)A Resolution of the City Council of the City of Orange finding and determining that
the public interest, convenience and necessity require, and ordering, the acquisition
for public purposes of certain tax-defaulted real property from the County of
Orange and approving the terms and conditions and authorizing the execution of an
Agreement to Purchase
Tax-Defaulted
Property.ACTION: Approved.
MOTION - Alvarez SECOND -
Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz
Items 3.18 and 3.31 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 - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS -
None.8. REPORTS FROM CITY
MANAGER - None.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 :
20 p.m. to a closed Session for the following purposes:a. Conference with Legal Counsel pursuant
to Government Code Section 54956.9 - existing litigation:PAGE 14
CITY COUNCIL MINUTES June 12,2001
11. RECESS TO CLOSED SESSION (cONTINUED)
Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court Case
No.01CC02712
City of Orange v. Jeffrey A. Hambarian, et aI., Orange County Superior Court Case No. 80-
74-
19 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 Mark Burkhardt, address on file, requested the McPherson Neighborhood Committee,
approved in concept by the Council, be notified when City staff meets with other groups that
have concerns that impact the McPherson
neighborhood.The City Manager responded staff has been meeting with people regarding the dog park at
Yorba Park. It will up to individuals to notifY Mr. Burkhardt, not
staff.Bob Bennyhoff, OPA, expressed concern over the showing of favoritism to anyone
committee.13. PUBLIC
HEARINGS 13.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM:TAPE
1623 The public hearing to consider increasing the fees for the City's Transportation
Systems improvement Program (TSIP) by 13.69% for all fee categories within TSIP Areas A, B and
C based on the same percentage increase in the Price Index for Selected Highway
Construction Items for the two year period ending December 31, 2000, prepared by the California
Department of Transportation, was continued to this time from April 10, and May 8,
2001.NOTE: Staff is recommending the public hearing be continued to July 24, 2001 to allow
staff additional time to complete the required
surveys.MOTION - Coontz
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor Murphy, Coontz Moved to
continue this item to July 24, 2001.13.2
SPECIAL EVENTS, ORDINANCE NO. 6-01: (A2500.0)TAPE 1640 Time
set for a public hearing on petition by the City of Orange to consider a proposal to replace Chapter
5.7, Special Events in the Orange Municipal Code with a new revised and relocated \PAGE
15
CITY COUNCIL MINUTES June 12,2001
13. PUBLIC HEARINGS (Continued)
Section 17.46 Special Events in order to better define and clarifY current provisions of the code
and to place regulations pertaining to temporary use of land in the Zoning Chapter rather than the
Business Tax and Regulation Chapter of the Orange Municipal Code.
The staff report was presented by the Community Development Director who reported special
events are temporary; does include commercial sales; and their duration are limited to no more
than twice a year with a duration of nine days at a time. This has been heard by the Planning
Commission and they are recommending approval.
Councilmember Coontz asked how the ordinance impacts events held on City property and non-
commercial property? What are the rules or restrictions for events held on City property and
those involving food?
The Community Development Director reported that events on City property are not regulated
by the Orange Municipal Code, nor does the City have the ability to control events at other
public agency sites.
The City Attorney responded the ordinance is designed for special events that occur on private
property not designed for the event. Park/school venues are designed for special events.
Councilmember Alvarez also expressed concern for special events held at private schools; that
the neighbors get upset when they are not notified; and asked how the City will hold them
accountable?
The Community Development Director responded that private or church schools would fall
under this special events ordinance.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Councilmember Coontz requested more information on what the policies are for regulating
events on City property.
Council Action:
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz Found that the
project is categorically exempt from the proVISiOns of the California Enviromnental Quality Act,
per State CEQA Guidelines Section 15305.MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy,
Coontz PAGE 16
CITY COUNCIL MINUTES June 12,2001
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 6-01 (First
Reading)An Ordinance of the City Council of the City of Orange adding Chapter17.46 to the
Orange Municipal Code regulating Special
Events.That Ordinance No. 6-01 be read by title only and same was set for second reading
by the
preceding vote.
TAPE 1960 13.3 SANTIAGO CREEK TRAIL, NEGATIVE DECLARATION NO.
ENV 1671-01
NI200.0 NEG-ENV-1671-01)Time set for public hearing to consider Negative Declaration
ENV 1671-00 for a bicycle trail along Santiago Creek, from the Orange/Santa Ana boundary
to east of the 55 Freeway. Negative Declaration ENV 1671-01 was prepared to
evaluate the enviromnental impacts of the project and concludes that the project will not
have a significant adverse affect with incorporation of measures that will mitigate impacts related
to
biological resources, land use, noise and traffic safety.The Director of
Community Development introduced Principal Planner, Joan Wolfe who reported thirteen public meetings have been held on
this project. Included with the staff report is a booklet of public comments and
responses and a mitigation monitoring program. This segment of the Santiago Creek Bike Trail joins up at the westerly
edge of the City with the trail from Santa Ana and is consistent with the City's Master
Plan of Bikeways. This is a regional trail.The outlet of the trail will be at Palmyra
Avenue. Removal of any vegetation will be minimal and subject to permits from the Army Corps
of Engineers and Department of Fish and Game.The current focus is on laying the lO-foot
wide paved trail
rather than on amenities such as landscaping and benches.There is a need to cross the YMCA
property to connect to Palmyra Avenue. There have been preliminary meetings with the YMCA
and they have expressed a willingness to discuss the project. If for some reason there would be no
agreement to obtain an easement, the trail can be extended further to Y orba Park and punched
through to the City Park as an outlet. Construction of the trail will be carefully monitored for
noise. The trail does not allow vehicular traffic so noise is not a problem. The trail will
have signage for safety. With the implementation of the mitigation measures the project will
not have a significant adverse impact on the enviromnent.Councilmember Alvarez asked if other
agencies involved were ready to approve the project. The
Principal Planner indicated all regulatory permits
had been secured.MAYOR MURPHY OPENED THE PUBLIC HEARING.
Speakers in favor of Negative
Declaration No. Env. 1671-01:
Roy Shahbazian,
CITY COUNCIL MINUTES June 12,2001
13. PUBLIC HEARINGS (Continued)
Mark Bowie, 604 S. Grand
Bob Bennyhoff, 10642 Morada Dr.
Mark Burkhardt, address on file
Mel Vernon, 363 Lincoln
Marilyn Ganahl, 20351 Lewis Dr.
Bea Tiritilli, 825 Clemensen
Marisa Timothy, 3630 E. Ruth PI.
Marilyn Moore, 2707 Killlingsworth
Arlen Craig, address on file
Howard DeCruyenaere, 1825 Albion Ave., Santa Ana
Expressing concerns: Diana Stephens, 1323 E. Fairway Dr. requested that signs be posted
stating no motorized vehicles including scooters, dogs need to be on a leash and speed limits.
The following speakers expressed concerns regarding funding, liability and maintenance issues
for residents who live in the Sycamore Crossing development:
Mark Sedam, 521 E. Evergreen
Fonda Lacerra, 1217 Sedona
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING. TAPE 2857
The Community Development Director stated there was no mechanism or desire from the City to
assess the homeowners at Sycamore Crossing for additional trail maintenance. The City
Attorney commented to the extent the homeowners maintain the trail, they could be possibly
liable for any dangerous conditions, but it is not any different from any other assessment district
in the City. Also, with respect to the assessment district, the City would not have any authority
to unilaterally add any additional maintenance responsibilities. The property owners would have
to approve any change themselves.
The Community Development Director assured Council the posting of signs for no motorized
vehicles will be done. As for dogs not on leashes, the north side of the creek is not part of
existing bikeway area which makes it incumbent upon homeowners to report problems.
Completion of this segment of the bike trail will give the police bike team greater access and
ability to patrol the area.
The Assistant City Engineer indicated on the existing trail, the above mentioned signs will be
installed immediately. Also, in the senior area, speed limit signs will be posted. He spoke on the
alternative surfaces issue of the trail; some segments of the trail will retain some existing
concrete surfaces so as not to remove existing green areas. The suggested cut through existing
wall for increased pedestrian access falls under future amenities. Staff is looking for another
crossing at Cambridge.
PAGE 18
CITY COUNCIL MINUTES June 12,2001
13. PUBLIC HEARINGS (Continued)
Councilmember Coontz asked how much of this project will Council approve? The Community
Development Director commented only the Negative Declaration is for Council's approval at
this time. The project will be scheduled for Council approval in the future.
The Assistant City Engineer further indicated the approvals on this segment are from the State.
The City has to provide the State the enviromnental documentation and then the City would have
the authorization to move ahead and seek advertisement and award of bids returning to Council
with the final plan for approval.
Mayor Murphy congratulated staff for their involvement and the public for their participation
and patience throughout this process.
Councilmember Coontz commented this is long overdue. The grant funds helped move it
forward and it is finally a realization. During past budget sessions Councilmember Coontz
commented Hart Park is a great place to begin the trail. Many people came together, experts,
staff and residents to make this happen.
Councilman Alvarez commended Howard DeCruyenaere who has spent a tremendous amount of
his time supporting the trail.
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz Moved to approved
Negative Declaration ENV 1671-01.14. PLANNING
AND ENVIRONMENT - None.15. ADJOURNMENT MOTION -
Mayor Murphy
SECOND - CoontzAYES - Slater,
Alvarez, Mayor Murphy,
Coontz The City Council adjourned at 8:
25 p.m.CAfA1~_U_,-'2u.~6~ A./ Ad
CASSANDRA J. THCART, CMC CITY CLERK1/
f l MARKA.MAYOR
PAGE 19