HomeMy WebLinkAbout6_26_2001 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY ro, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 26 2001
The City Council of the City of Orange, California convened on June 26,2001 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 Pastor Larry Powers, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Employee Service Awards: (C2500.J,4.l8)SaundraWatson ~
Police, Robert Baehner - Water, Jon Gorton - Police; William Dalton Fire, James Huff - Fire,
Kenton Keilholtz ~ Fire, Alan Rich - Fire, Valerie Chan -Library, Andrea Jaso - City Attorney, Roberta Felix - Police,
Michael Corbett ~ Police,and Irene Carney - Library,Not present: Joe Moreland - Community Services,
Robert Morris - Fire, and Steven
Ames ~Police,Mayor Murphy announced Resolution No, 9479 was to be removed from
the Consent
Calendar for adoption and presentation since the recipient was present.MOTION - Slater SECOND ~
Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz Approved.PAGE 1
CITY COUNCIL MINUTES June 26, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTSIINTRODUCTIONS (Continued)
RESOLUTION NO. 9479
A Resolution of the City Council ofthe City of Orange expressing appreciation to Lori A,
Benicky of the Orange Finance Department and commending her for more than twenty
years ofloyal and dedicated service.
MOTION - Murphy SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Approved,Resolution
No, 9479
was presented to Lori Benicky, commending her for more than twenty years of
loyal and dedicated service.Gary Wann, Director
of Community/Library Services introducedPaul Lobato, new Park Maintenance Superintendent.Proclamation
was presented
to Steve Smith, Water Division Manager, announcing high rating of City'
s 1999 Consumer Confidence Report and recognizing Water Division staff for producing this
outstanding and informative report,Awards were presented
to the 4th & 5th grade team from Taft Elementary School, 2nd place winners in
the Destination ImagiNation Global Finals in Knoxville, TN. Team manager: Jamie Fingal.
Sue Zager explained the competition and introduced the children from Taft School.
Mayor Murphy announced:
The City's
Annual 3rd of July event and fireworks show will take place at Fred Kelly Stadium on July
3, 2001.The Concerts in
the Park series begins Wednesday, June 27th at Hart Park at 7:00 p,m,The Orange Park
Acres 4th of July Parade 2. PUBLIC COMMENTS
Ray Peterson, 2902
E, Hillcrest, asked for a response from the City to a letter he sent regarding a code
violation, The City Manager will respond to Mr. Peterson.Margaret Manson, 600
E. Jefferson, stated she attended a community meeting to discuss the Y orba
Park development and thanked the City staff, especially Pamela Gallera of Community Services, for
their efforts in developing this park, noting the City is working on a compromise
situation to ensure the needs of the entire community are met.PAGE 2
CITY COUNCIL MINUTES June 26, 2001
2. PUBLIC COMMENTS (Continued)
Sandy Sladen, 600 E. Jefferson, spoke on the Yorba Park development, expressing
appreciation to the City for finding solutions for all members of the community.
Jim Cline, 2603 Riding Way, spoke on neighborhood committees and the participation of
staff and Councilmembers, urging Council to proceed with encouraging more of these
types of neighborhood committees with caution; and thanked the City Attorney for his
efforts in the Vista Royale lawsuit.
Donald Paris, 437 S. Earlham, spoke on the City Ordinance prohibiting the parking of
RVs and boats in front yard setbacks, He asked the City to look into this Ordinance, as it
is an expense to homeowners to have to store RVs and boats elsewhere,
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 June 26, 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 June 7 and 14,
2001.ACTION:
Approved.3.3 Request approval of City Conncil Minutes, Regular Meeting June 12,
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 May 31, 2001. (C2500.
F)ACTION:
Approved.PAGE
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Second Amendment to Agreement with the law firm of Rutan and Tucker to
continue to represent the City in its lawsuit filed against Jeff Hambarian, BKK and
other defendants, for losses associated with the ORRS/ODS trash contracts.
A2l 00,0 AGR-3184.
A2)SUMMARY: The City has an agreement with Rutan and Tucker for an amount not
to exceed $500,000 to provide legal services in connection with the lawsuit filed by the
City against Jeff Hambarian, et at That amount has been expended and the request is
to increase the not to exceed amount from $500,000 to $750,
000.ACTION: Approved and authorized the Mayor and City Clerk to execute an
Amendment to Agreement with Rutan and Tucker on behalf of the City for an amount not to
exceed 750,
000.FISCAL IMPACT: Funds are available in Sanitation Fund Account No.
220-
5022-426700.3.7 An Agreement with the law firm of Liebert Cassidy Whitmore. This
firm represents the City in various safety
personnel matters.A2l00.0
AGR-l042,0)SUMMARY: The City currently has an agreement with Liebert
Cassidy Whitmore for an amount not to exceed $100,000 to provide personnel legal services,
That amount has been expended and therefore, the City would like to enter into a new contract
for the
new fiscal year.ACTION: Approved and authorized the Mayor and City Clerk to
execute an Agreement with Liebert Cassidy Whitmore on behalf of the City for an amount
not to
exceed 75,000,FISCAL IMP ACT: Sufficient funds are available in the
Personnel Legal Services
Account No. 100-0301-426100-9865,3.8 Agreement between the City and Orange Elderly
Services, Inc. (A2l00,0 AGR-0974.Q)SUMMARY: Approval of the annual agreement in
the amount of $255,000 between the City and Orange Elderly Services, Inc. for
the operation of senior programs FY 2001-02.ACTION: Approved the
annual agreement between the City and Orange Elderly Services, Inc. in the amount of $255,000,
to provide services for senior citizens in Orange at the Senior Citizens Center; and authorized
the Mayor and City Clerk to
execute the annual Agreement on behalf ofthe City.FISCAL IMPACT: Funds are
budgeted for FY 2001-2002 in the following
accounts:100-7041-426700 (Contractual Services): $249,000, and 100-0201-
426700 (Other
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
3.9 A Fourth amendment to an existing professional service contract with a private
building plan check firm to provide on-site plan checks and related public
counter services for the Building Division. (A2100.0AGR-
3375.4)SUMMARY: The goal of the Building Division is to provide quality
plan checking services at the public counter throughout the business day, The Department
continues to experience a staff shortage, which makes it difficult to meet that goal.
This Fourth amendment will provide for a continued, but temporary, augment of our
existing staff with the use of an on-site
plan check consultant.ACTION: Authorized the Mayor and City Clerk to execute a Fourth
amendment to the existing professional service contract with CSG Consultants, not to
exceed an additional 39,000, for a total contract, to date,
of$109,000,FISCAL IMPACT: Funding for this type of contractual service has
been requested and approved with the fiscal year 2000-2001 budget. $39,000
from line item 100-6033-427800-0000
Other Contractual Services
will be used.APPROPRIATION OF FUNDS 3.10 Appropriation of funds for Phase
II of Geotechnical Consulting Contract with Constant & Dickey, Inc. to Continue
Monitoring of Ground Movement at Vista Royale andPeralta
Point developments. (A2100,0 AGR-3733.l)SUMMARY: On October 12,
1999, the Council appropriated $200,000 additional funding for this project. At the
end of FY99-00, the total unencumbered appropriation was $244,531.78, Of this amount, only $50,
000 was a carryover in the FYOO-OI budget.This budget is now
nearly depleted, Additional funding is needed to
continue the geotechnical investigation and to perform grading inspection.ACTION: Re-appropriated
the unspent amount of $194,531.78, approved on October 12,
1999, to Account No. 100-5012-426700-4990-00106; and authorized the Mayor and
City Clerk to execute Amendments to
the existing contract to Constant & Dickey, Inc. in the amount of$50,000
increments,FISCAL IMPACT: Additional appropriation in the amount of $
194,531.78 to Account No, 100-5012-426700-4990-00106 (Consulting Services - Vista
Royale) is requested.3.11 Fund Transfer for Master Plan ofEI Camino and Yorba
Parks (C2300.H)SUMMARY: The City Council approved an award of bid to Purkiss Rose-RSI
in an amount not to exceed $55,000 to prepare the Master Plans for EI
Camino and Yorba Parks, and a transfer of an appropriation of funds allocated
to the Park, Planning and Development of Fund (510). The transfer appropriated funds to
the EI
Camino Park Renovation only, However, an accountfor YorbaPark Master
Plan
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
a transfer of appropriated funds in the amount of $34,000 from the El Camino Park
Renovation to the Y orba Park Master Plan is required.
ACTION: Transferred appropriation from funds allocated to the Park, Acquisition and
Development Fund (510), account, 510-7021-481105-0607 (EI
Camino Park Renovation)in the amount of $34,000 to account, 510-7021-
485100-0155 (Yorba Park Master
Plan.)FISCAL IMPACT: No Fiscal Impact 3.12 Fee Waiver for ParkRental at
Killefer Park C2500.M.4.8)SUMMARY: The City is required to charge a rental fee
to persons or groups utilizing its facilities. Household of Faith Family church is requesting
the use of Killefer Park on July 21, 2001 from 8:00 a.m. to 6:00 p.m. for their
annual Unity in the Community event.Household of 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 ofthe rental fees for the
use of Killefer Park would result in the loss of
revenue
in the amount of$200.BIDS 3.13 Award of Bid Nos. 001-34 and 001-39
for One 10-Wheell0 Ton Crane and One
10-Wheel 16 Ton Crane. (A2100.0 AGR-3794 / 3795)SUMMARY: One
10-WheellO Ton Crane and One 10-Whee116 Ton Crane have been scheduled
for replacement as part of the approved vehicle replacement schedule in the FY 2000/2001
budget for use by the Street Division of the Public Works Department.ACTION: Awarded
Bid Nos. 001-34 and 001-39 to Coast Crane Company in the amount of $240,623.
70; authorized the Mayor and City Clerk to execute on behalf of the
City;and authorized the City Manager to surplus the replaced vehicles at an auction.FISCAL IMPACT:
Funds in the amount of $
240,
623.70 are budgeted and available in the Account #720-5023-472102, Motor Vehicle
Replacement CLAIMS 3.14 The City
Attorney recommends
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
a. Juanita Clark
b. Toni Craig
c. Mike Kotwasinski
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Amendment No.1 to Contract AGR-0332.D between the City of Orange and
Peek Traffic/Signal Maintenance Inc. (SMI), in the amount of $121,525.00 to
provide traffic signal maintenance services citywide. (A2100.0 AGR-0332.
D.1)SUMMARY: Peek/SMI was awarded a contract, on a competitive basis, for
traffic signal maintenance services for the City in July 2000. The contract allows for
annual renewals for up to two (2) years based on
mutual agreement.ACTION: Approved Amendment No. 1 to Contract AGR-0332.D
for traffic signal maintenance between the City of Orange and Peek Traffic/
Signal Maintenance, Inc.SMI), in an annual amount not to exceed $121,525.00, and authorized
the Mayor and City Clerk to execute the Amendment on behalf
of the City.FISCAL IMPACT: Funds in the amount of $121,525.00 for this
contract will be available utilizing FY 2001-02 Gas Tax Exchange Funds
in the Contractual
Services Account No. 273-5032-427100.3.16 Approve a contract with Conrad & Associates
to provide temporary back-fill for the Accounting Manager position
including the preparation of the annual
State Controller's Report. (A2100.0 AGR-3796)SUMMARY: Conrad & Associates, the
City's external auditing firm, has made a proposal to provide temporary,
part-time staffing to facilitate the absence of our Accounting Manager during her maternity leave.
The cost is $85.00 per hour for two days per week for a maximum of 20 weeks, and
a flat $4,500 to complete the City's annual State Controller's Report for a
total not to exceed contract price of$31,700.ACTION: Approved the contract
with Conrad & Associates in an amount not to exceed 31,700, and authorized the Mayor and
City Clerk
to execute the agreement on behalf of the City.
FISCAL IMPACT: Funds are available in account number 100-1231-
426700 Department
of Finance,
General Accounting-ContractualServices) in the amount of 50,304.PAGE 7
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
3.17 Award of Contract, Bid No. 001-40, to Park Specialties for Installation of Tot-
Lot at Hart Park. (A2100.
0 AGR-3797)SUMMARY: The City advertised and opened bids for installation of the
tot lot play equipment at Hart Park on June 12,2001. At the close of the bidding period,
the City did not receive any bids for the installation of the play equipment.
The Orange Municipal Code, Section 3.08.580, authorizes the City to negotiate with
a responsible contractor when no bids have been received. Staff is recommending the award of
contract to Park Specialties in the amount of $43,000 for the installation of the
play equipment and transfer an appropriation in the amount of $83,000 from
Park, Acquisition and Development Fund (510) to cover costs for the purchase of the
play equipment. This amount, coupled with the $20,000 currently in the project cost, will provide
the $103,000 required to
complete this project.ACTION: Transferred an appropriation from the Park,
Acquisition and Development Fund (510) Account510-7021-481105-0087 (
EI Modena/LaVeta Parks Renovation) in the amount of $83,000
to Account 510-7021-481200-0027 (Hart Park Renovation);awarded contract, Bid No. 001-
40, to Park Specialties in an amount not to exceed 43,000 for the installation of play
equipment for the tot lot at Hart Park; and authorized the Mayor and
City Clerk to execute the agreement on behalf ofthe City.FISCAL IMPACT: After the
transfer has been executed, sufficient funds will exist
in the following
account: 510-7021-481200-0027 (Hart Park Renovation) $103,000.LIBRARY CLOSURE REQUEST 3.18 Request
for early closure of the Orange
Public Library facilities to the public on Tuesday, July 3, 2001. (C2500.I)SUMMARY:
Early closure of the Main Library and the Taft and EI Modena Branch Libraries (e.g., at 6:00 p.m. rather than 8:
00 p.m. at the branches and 9:00 p.m. at Main)is requested to allow
Library
staff and their families to attend Uncle Sam's 3rd of July Celebration.ACTION:
Approved the closure of the Orange Public Library
facilities to the
public at 6:
00 p.m., Tuesday, July 3, 2001.FISCAL IMPACT: None.PURCHASE OF PROPERTY 3.19
Purchase of a
10 foot wide strip ofIand at 2043 W. Chapman Avenue.A2100.0 AGR-
3798)SUMMARY: This is one of the parcels necessary for the West
Chapman Avenue
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
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 2043 W. Chapman
Avenue. Purchase price is $51,130.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $51,130.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(
Measure
M-MPAH).RESOLUTIONS 3.20 RESOLUTION NO.
9473 (B5000.0)A Resolution of the City Council of the City of Orange approving the
submittal of an application for funding through the Bicycle Transportation
Account (BTA) program
administered by
Caltrans.ACTION: Approved.3.21 RESOLUTION NO. 9475 (
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; and Well 24 is located at 293 E. Collins Ave. next to Fire
Station No.
2 ACTION: Approved.3.22 RESOLUTION NO. 9476 (C2500.M.
16.1 LLN-00-9)A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL 2000-9 adjusting lot lines of certain real property situated
at 230 and 274 South Main Street and 1429 W. Palmyra Avenue in the City of
Orange,
County of Orange, State of California.Owner: (a) VRSJ, LLC, A
California Limited
Liability Company (
b) Orange Redevelopment Agency
ACTION: Approved.REMOVED AND HEARD SEPARATELY)3.
23 RESOLUTION NO. 9477 (T1100.0)A Resolution of the City Council of the City of
Orange agreeing to a redistribution of property taxes for
Reorganization No.
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
Property Location: West side of Meads Avenue approximately 400 feet south of
Santiago Canyon Rd.
Councilmember Coontz asked that this item be continued to resolve questions about
horse trails; and instructed the City Manager to provide Council with an update on the
Master Plan of Recreation Trails.
MOTION - Coontz SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Continued for
thirty days to resolve issues regarding horse trails.3.24 RESOLUTION
NO. 9478 (T1100.0)A Resolution of
the City Council of the City of Orange agreeing to a redistribution of property taxes between
the cities of Orange and Anaheim for Reorganization No. RO 01-05, SerranolNohl Ranch
Reorganization.Property Location: Near
the northwest corner of the intersection of Serrano Avenue and Nohl Ranch Road.
ACTION: Approved.REMOVED
AND HEARD
SEPARATELY)3.25 RESOLUTION
NO. 9479 (C2500.J.l)A Resolution of
the City Council of the City of Orange expressing appreciation to Lori A.Benicky of the
Orange Finance Department and commending her for more than twenty years ofloyal and
dedicated service.NOTE: This Resolution
was adopted and then presented under Item 1.4 Presentations/ Announcements/Introductions.
ACTION: Approved.3.
26 RESOLUTION
NO. 9480 (Ell00.0)A Resolution of
the City Council of the City of Orange, California, reciting the fact of the Special Municipal Election
held on June 5, 2001 declaring the results and such other matters as provided
by Law.ACTION: Approved.PAGE
10
CITY COUNCIL MINUTES June 26, 2001
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.27 Request from Sun Cal Companies to approve the recordation of Final Tract Map
No. 16129. (T4000.0 TRT-
16129)SUMMARY: Sun Cal Companies is requesting that the City Council approve
the recordation of Tract Map No. 16129. This project is the first map of the Serrano
Heights Development, Phase Two, approved by Council as part of Tentative Tract Map
14360.All plans have been approved, fees paid and bonds posted to guarantee
improvements.ACTION: Approved the request from Sun Cal Companies for the recordation of
Final Tract Map No.
16129.FISCAL IMPACT:
None.MOTION - Slater
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor Murphy, Coontz Items 3.
23 and 3.25 were removed and heard separately. All remaining 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 TAPE 1585 6.1 Accept the
resignation of Carolyn Cavecche from Orange Public Library Board;and instruct the City
Clerk to begin Maddy Act procedures. (C2500.I.I)MOTION - Murphy SECOND - Alvarez
AYES - Slater, Alvarez,
Mayor Murphy, Coontz
Moved to accept the resignation of Carolyn
Cavecche from the Orange Public Library Board;and instructed the City Clerk to begin
Maddy Act procedures.PAGE 11
CITY COUNCIL MINUTES June 26, 2001
7.ADMINISTRATIVE REPORTS TAPE 1600
7.1 Proposed Role of McPherson Neighborhood Committee. (ORI800.0.10.4)
SUMMARY: At its meeting on May 22, 2001, the City Council approved in concept the
creation of the McPherson Neighborhood Committee (hereafter "Committee") and requested a
report from the City Attorney concerning the role and formation of the proposed Committee.
The City Attorney noted a correction was made to the report. The southern boundary of the
proposed Committee area should be the City southern limits and not LaVeta as stated in the
report.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Received and
Filed report with boundary changes noted.8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS 9.
1 ORDINANCE NO.
6-01 (SECOND READING) (A2500.0 Special Events)An Ordinance of
the City Council of the City of Orange adding Chapter 17.46 to theOrange Municipal Code regulating
Special Events.Councilmember Coontz stated
the Ordinance is unclear as to the locations allowed for special events. She asked
for a more clear definition in the Ordinance, noting these special events pertain only to
commercial areas.The City Attorney
stated he would include a more detailed description in the Purpose and Intent paragraph of the
ordinance, noting these special events are allowed in commercial areas and also properties within the
Public Institution Zone, but not property owned by the City.MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz Moved that Ordinance No. 6-01
be read by title only and same was approved and adopted by the preceding vote.10.NOTICED HEARINGS
TAPE 1750
10.1 PROPERTY ACQUISITION BY
EMINENT DOMAIN, 100 W. CHAPMAN AVENUE AND DECLARATION OF NUISANCE: (
C2500.M.14)PAGE 12
CITY COUNCIL MINUTES June 26, 2001
10. NOTICED HEARINGS (Continued)
Time set for a noticed hearing concerning a resolution of necessity, which, if adopted, will
permit the City of Orange to condemn the property interest at 100 W. Chapman Avenue,
property owner, Mark Hurwitz; and whether or not the private use of the alley constitutes a
public nuisance.
The City Attorney reported the City is requesting eminent domain action to eliminate vehicular
access into the alleyway between Diedrich's Coffee and the property at 100 W. Chapman. The
alley is currently used by the owner of 100 W. Chapman to park his personal vehicle, but has
been determined to be a dangerous situation to pedestrians. The City needs to eliminate the alley
so as not to be liable for allowing a dangerous condition to continue. The alleyway will be
removed in conjunction with the Plaza Renovation project.
Councilmember Coontz noted the driveway originally went all the way through but was blocked
at a later date.
Mark Hurwitz, 100 W. Chapman, reviewed the history of the property and his discussions with
the City on this project over the last two years, stating the driveway has been there for
approximately 100 years for vehicular access to that portion of his property. He stated he has an
interest in this alley and would like to work with the City in reaching a mutual consideration. He
filed an injunction with the court, and the courts agreed that he does have an interest in this
property. The court granted a preliminary injunction and said the City was not to obstruct access
to prevent parking in that alley or prevent its use. This alleyway is more than a parking space ~
it is a means by which he accepts deliveries and access to his property.
The City Attorney stated the City does assume there is a property interest by Mr. Hurwitz. An
appraisal was done and an offer made for that property interest. The offer was not accepted and
that is why the City has initiated condemnation proceedings. The appraisal came in at $1,000,
but the only demand the City has received from Mr. Hurwitz is for $125,000 and to make
improvements to the alley. When the positions are that far apart, it is difficult to discuss a
legitimate and reasonable way to settle, but the City remains open to further discussions. The
court directed the City to follow condemnation proceedings before any curb cut is removed,
which is what the City is doing.
Councilmember Slater asked if negotiations can continue even if the Council commences with
this action. The City Attorney stated they would.
Councilmember Alvarez asked what effect this will have on the completion of the Plaza
reconstruction work if it were to be continued. The City Attorney stated vehicular access would
have to be provided up over the curb; but that discussions will continue with the property owner
and only ifno resolution or settlement is made, would the action be filed.
Councilmember Coontz stated this alleyway has been an enigma for many years and is finally
being addressed.
PAGE 13
CITY COUNCIL MINUTES June 26, 2001
10. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9474
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring a property interest located at 100 West Chapman Avenue and authorizing
the acquisition thereof and declaring the use thereof a public nuisance.
MOTION - Slater SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz Moved to adopt
Resolution No. 9474.11. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO
CLOSED SESSION The City Council
recessed at 5:50 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:Patrick P. Tocher
dba
Pacific Coast Motoring; Michael R. Coulter dba All City Transport v.City of Huntington Beach,
et a!., United States District Court Case No. SACV -96-366 AHS EEx)Nieupointe Enterprises,
LLC,
et a!. v. City of Orange, et a!., Orange County Superior Court Case No. 01CC02712
Thomas A. Dula
v. City of Orange, Orange County Superior Court Case No. 00CC02143 b. Conference with
Legal Counsel pursuant to Government Code Section 54956.9(b) _anticipated litigation (one
potential case).c. 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 OATH OF OFFICE
CEREMONY L INVOCATION TAPE
2420 Given by Jon
Wetterholm, Chaplain, Orange Police Department PAGE 14
CITY COUNCIL MINUTES June 26, 2001
OATH OF OFFICE CEREMONY (Continued)
2. PRESENTATIONOFCOLORS
Led by Orange Police Color Guard
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Andrew Clark, Life Scout, Troop 51, St. John's Lutheran Church
4. OATH OF OFFICE
Administration of Oath of Office by the City Clerk to Councilmember-Elect Carolyn
Cavecche Newly-elected Councilmember Cavecche gave the
following comments:Thank you. It's been a long year and a half for a lot of us and so many of you were there
in the beginning. We kicked this all off eating ice cream on my front lawn in the middle of a
hail storm last year and a lot of you remember that. The Cavecche house has been in campaign mode
for a long time and so if I can get through this, I need to thank my family first. Rick,
you probably walked as many precincts as I did and you've stapled over a thousand signs and put most
of them up. You have put up with so much but more importantly you never stopped encouraging
me or supporting me. Thank you very
very much.Kendra, William and Steven, you heard the response, "not until after the election"
more times than I would have liked over the last year. You wore dirty clothes to school and ate
more fast food than was probably healthy for the entire family, and that you probably liked, but
you can now read a precinct map better than anyone I know. Thank you very very much
guys
for everything.Councilmen Dan Slater and Mike Alvarez, I was honored by your support. You
finished your own campaigns last November and you didn't get much of a break and you started all
over again.Mike, you and I have been working on this for years. Thank you both very
very much.When I decided to run, the very first group of people that I put together were five
women who would commit to pray for my family and me - Sherri Clemens, Susie Wallace, Robin
Frazier,Marietta Lockhart and Linda Goehle all the way in Massachusetts. Thank you for holding
my family and I up over this last year and a half. Thank you very very
much.There are so many people who have worked so hard over the last two campaigns and in
between.I don't even want to begin to name you or I'm going to leave someone out. You
walked precincts, you made phone calls, you hand painted signs. We had an incredible get out the
vote effort. Darren, thank you so much. So many of you made hundreds and hundreds of phone
calls.I know some of you financially supported me until it hurt. For most of you this was your
very first experience in the political process and you are all so awesome. Thank you all very
very
much.PAGE
CITY COUNCIL MINUTES June 26, 2001
OATH OF OFFICE CEREMONY (Continued)
I would like to thank Watters and Faubel for your efforts in my first campaign. Scott Tayler, you
are an answer to prayer for the second campaign. And Mara, I think you wanted this for me
more than I did. I will never never forget your friendship. Thank you very much.
And there's a whole other group that I would like to thank. I never met any of you. You sent me
notes of encouragement when things got rough in this campaign. You E-mailed and
left messages of support on my machine. A lot of you called and wrote just to tell me you had
voted for me. We left you yard signs in the middle of the night next to your front door. I was
never able to personally thank any of you. I have no idea who you are if I were to meet you on
the street. But you will never know what it meant that you were willing to put my name in front
of your house. Your support kept the Cavecche family going over the last year and a half and
I would like to thank all of you very very
much.I am so thrilled to be up here. Over the last six months during the second campaign, I have
kept in mind a conversation that Rick and I had one evening with a gentleman when we were
walking precincts. I don't know even know where it was. I think it was one of the Meredith tracts
some place in this City. This gentleman gave me advice that I will always remember. He told me
that when I got elected, I would feel that lowed whoever it was that put me here. And he told me
to be very very careful about who I felt obligated to. And over the last weeks, as I thought
about this special election and how the numbers came out, tonight, I really only want to promise
one thing. I know who I am obligated to, who I owe. The people of Orange have sent a
clear message with your outpouring of numbers in the last election, and I am here to represent
only you, and that is the only pledge I want to make tonight, that I will never forget the people
of Orange coming out and placing me up here. Thank you so much for your confidence. I am
truly honored to represent you. Thank
you."Mr. Steve Ambriz, representing Orange County Supervisors Todd Spitzer and
Chairwoman Cynthia Coad, presented Carolyn Cavecche with a recognition certificate congratulating her
on her election to the City
Council.5. COUNCIL REORGANIZATION -Election of Mayor pro tern TAPE
3280 Mayor Murphy nominated Mike Alvarez as Mayor pro
tern.MOTION - Murphy
SECOND - Slater AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Approved nomination
of Mike Alvarez as Mayor pro tern.COUNCIL RECESSED
AT 7:30 P.M. TO THE GEORGE WEIMER ROOM FOR A RECEPTION IN
HONOR OF CAROLYN CAVECCHE, NEWLY-ELECTED COUNCILMEMBER;
AND RECONVENED AT 8:15 P.M.PAGE
16
CITY COUNCIL MINUTES June 26, 2001
13. PUBLIC COMMENTS
Oz Enderby, 6719 E. Oak Lane, requested the City purchase the property at 4629 E. Walnut,
which is the subject ofItem 14.1 for a park.
Chris Koontz, 10252 Lolita, asked the Council to explore ways to prevent the need for special
elections in the future.
The following people spoke on the Ocean Outfall issue, asking the City to request the Orange
County Sanitation District to proceed with full secondary treatment for sewage:
Don McGee, 20701 Beach Blvd., Huntington Beach
Larry Porter, 1501 WestcliffDrive, Newport Beach
Doug Korhot, Seal Beach
Joseph Racano, 317 5th Street, Huntington Beach
Jan Vandersloot, 2221 E. 16th Street, Newport Beach
14.PUBLIC HEARINGS TAPE 4180
14.1 APPEAL NO. 482, TENTATIVE PARCEL MAP 2001-116, MINOR SITE
PLAN REVIEW 170-01, COUNCILMEMBER COONTZ ON BEHALF OF
MEL AOU,LYNETTE AMMER AND SURROUNDING NEIGHBORS: (A4000.0.
APP 482)Time set for a public hearing to consider an appeal by Councilmember Coontz
concerning the Planning Commission's decision to approve Tentative Parcel Map 2001-116, to
divide the land into three parcels and Minor Site Plan Review 170-01 to construct a driveway on
the west side of the parcel providing access to parcels without direct frontage on a public
street. The appellant is requesting the driveway be located on the east side of the property. The
property is zoned R-I-7 and
located at 4629 East Walnut
Avenue.APPELLANT'S REASONS FOR APPEAL:Residents to the East and owner feel placing the driveway on
the west side would deprive a greater number of families to the East the right to privacy
and enjoyment of their backyards. The Staff Review committee found no line of sight hazard,
draining or grading problems with the driveway on the East side. Staff has indicated the location
of the driveway is optional. Owner indicates driveway on East side is preferred
for better marketability of his homes."Councilmember Coontz stated that Councilmembers have
the opportunity to file appeals on behalf of citizens, and she was asked by several residents to
present this on their behalf. She briefly reviewed the history of this property, noting there was
concern by the residents that the driveway in question has been on the east side of the property for
40 years and there is concern that it
should be kept at that location.The Director of Community Development reported the property in
question is just less than one acre in size and zoned R-I-7. The
applicant is
CITY COUNCIL MINUTES June 26, 2001
14. PUBLIC HEARINGS (Continued)
requested that the driveway access to the lots be located on the east side of the property.
Because of the topography of the land, the requirement for additional grading for drainage
purposes, and the relocation of an existing power pole, the Staff Review Committee, and
subsequently the Planning Commission, approved the Tentative Parcel Map subject to the
driveway being located on the west side of the subdivision. In addition to the property owner,
the residents along Hamlin, which is east of the property, would like the driveway located on the
east to provide a buffer between them and the proposed proj ect.
Councilmember Slater asked, given the worst case scenario, what the height of the retaining wall
would be on the west side if the driveway were placed on the east side; how much higher the
pads for the houses would be; and what would be the height of the block wall. The Director of
Community Development indicated the retaining wall would be 2-3 feet high, resulting in
a portion of the pads being higher, as there is a gradual slope from east to west. This would
also result in the potential for a 9 foot block wall on the
west.TAPE
4800 Lynette Ammer, 532 N. Hamlin, spoke in support of moving the driveway to the east side of
the property, and had submitted information for review by the Council. She stated that staff
found no problems with the driveway being on either side of the property, but placing the driveway
on the east side is preferable to the neighbors on Hamlin as it would provide more distance
between the properties; and the road has always been on the east side of the property and should
remain
there.Mr. Melvin Auo, 2700 N. Whitehall, property owner, stated that most neighbors want
the driveway on the east side of the property, which is also his preference; and he is willing to
incur any additional costs to have the driveway on the east. He has complied with all regulations
for this proposal, and stated the project would be more marketable with the driveway on the
east.Mayor Murphy stated that although it is still in the conceptual phase, it would help
everyone involved if the applicant could provide a sense of what the plans are regarding building size,
bulk and mass, and rear yard setback size in order to get a better vision of the
project.MAYOR MURPHY OPENED THE PUBLIC
HEARING.Mayor Murphy reminded everyone that any decision made on this project needs to be
determined on land use issues only and that discussions for alternative uses for the property are
not
appropriate.Mayor Murphy noted that letters in support of the Appeal were received from the
following residents who were unable to attend the
hearing:Frances Otto, 4628 E. Orange
Grove Mike Otto, 4618 E. Orange
Grove Dario Hernandez, 535 N.
Hamlin Leonard Brazitis, 4638 E. Orange
Grove PAGE
CITY COUNCIL MINUTES June 26, 2001
14. PUBLIC HEARINGS (Continued)
Susan Brazitis, 4638 Orange Grove
Elaine Vitullo, 542 N. Hamlin
Mary Lou Pierce, 4650 E. Orange Grove
Jackie Ponich, 505 N. Hamlin
Mike Callahan, 505 N. Hamlin
Those speaking in favor of the appeal:
Shari Gustafson, speaking on behalf of Nancy Wallace, 518 N. Hamlin
Pam Callahan, 505 N. Hamlin
Karen Vitullo, speaking for her sister, Mary Vitullo, 542 N. Hamlin
Douglas Ammer, 532 N. Hamlin
Cindy Johnson, speaking for Mrs. Vasquez, 506 N. Hamlin
Jason Johnson, 2827 Auburn
Tom Meese, address on file
Concerns expressed include - more privacy for the residents along Hamlin, the driveway has been
on the east side for years, existing trees would be saved, and the horses next to the property on
the west should not be next to a roadway.Speaking
in opposition to the Appeal:Brent
Rickard, 4625 E. Walnut John
Ufkes, 20121 E. Clark Tom
Anderson, address on file David
Piper, 6705 E. Oak Laurie
Marine, 2335 N. Oakmont, Santa Ana Jan
Lind, 142 S. Esplanade Richard
Mendez, 4625 E. Walnut Sandy
Garcia Rickard, 4625 E. Walnut (also submitted written communication)Concerns
expressed include - the need for a buffer between the proposed development and the existing horse
property to the west.The Director
of Community Development explained that if a property is zoned for equestrian use, it
does need to be 50 feet from other residential property. However, the property to the west is a
legal non-conforming use with horses but is not zoned equestrian and, therefore, does not have
to conform to this code requirement. Both properties are zoned R -1- 7.The
City Attorney pointed out the non-conforming use does not drive the zoning. Council is
only considering the tentative map and not a site plan, and no matter which side of the property
the driveway is located, the houses could still be located within 20 feet ofthe property line.
TAPE 2
In response to questions by Mayor Murphy, the Director of Community Development stated that
after the Council makes a determination on this Appeal, because it is a single family subdivision,
PAGE 19
CITY COUNCIL MINUTES June 26, 2001
14. PUBLIC HEARINGS (Contiuued)
it does not require design review unless there is a variance from the standards. It will be
reviewed at the Planning counter to check compliance with development standards and then on
to the Building Division for plan check and permit issuance.
REBUTTAL
Greg House, 23970 Nicole Way, Yorba Linda, representing the property owner, stated they had
met with the surrounding property owners and everyone was given an opportunity to review the
proposed plans. He reviewed the layout of the property, indicated that the adjacent horse
property will only affect a portion of the back lot and that the horses will be a minimum of 42
feet away from the closest house. The proposed homes will be more marketable if the driveway
is placed on the east side as the homes would face trees and new homes as opposed to facing an
older horse property and trash dumpsters. All adjacent neighbors, except one, have requested the
driveway be placed on the east side.
In response to questions by Mayor Murphy, Mr. House stated their intent is to make the back
yards as large as possible, but did not have a specific number for the rear yard setback.
TAPE 800
The City Attorney clarified this is only a parcel map review and Council can not condition the
parcel map to any particular setback requirements.
Councilmember Cavecche asked if, on the rear lot, it did not matter which side the driveway was
located. Mr. House stated that the house will be in the middle of the lot and, therefore, the
driveway location would not affect placement of the house.
Councilmember Coontz stated that even though the Council can not condition the setbacks, it is
helpful to hear the applicant's intent.
Councilmember Alvarez asked about curb and gutter requirements and if a block wall is required
between this property and the adjacent property to the west. Staffresponded that standard curbs
and gutters will be required along Walnut, but a block wall is not required between two
residential uses.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS:TAPE 960
Councilmember Alvarez stated he agreed with the Planning Commission's intent to provide
distance for Lots I and 2 from the adjacent horse property and place the lots back to back with
the houses along Hamlin. He stated it was good planning in trying to address the non
conforming use and did not see any compelling reason to change the driveway to the east side.
PAGE 20
CITY COUNCIL MINUTES June 26, 2001
14. PUBLIC HEARINGS (Continued)
Councilmember Coontz stated it has been demonstrated that the driveway could be on either side
of the property; however, placing it on the east addresses the concerns of both the residents to the
east and the property owner to the west. The lots in question are very large and once it is
developed, it should be something the community will be proud of.
Councilmember Cavecche pointed out that no matter which way the driveway is built, lots 1 and
2 will not line up with the adjacent horse property and the house on lot 3 will be the same
distance. Therefore she was hesitant to go against what the staff and Planning Commission have
approved.
Mayor Murphy stated that all regulations will be met either way the driveway is placed, and
since the preference of the property owner is to have the driveway on the east, he would like to
honor that request and support the appeal. He pointed out that the adjacent horse property is a
legal non conforming use and will be protected as long as the owners choose to stay there.
MOTION - Murphy SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to find
the project is categorically exempt from the provlSlons of the California Enviromnental Quality Act (
CEQA) per Section 15315.MOTION - Murphy SECOND -
Coontz AYES - Mayor
Murphy, Coontz NOES -
Slater, Alvarez, Cavecche Moved to
uphold Appeal No. 482.MOTION
FAILED Note: The Appeal was denied
and the
driveway plan remains on the west side of the property.TAPE 1450 14.2 ORDINANCE NO. 7-
01, BANNERS: (
A2500.0 Advertising, Outdoor)Time set for a public hearing
to consider regulations for decorative banners to be placed on utility poles and street light standards
along commercial streets.MAYOR MURPHY OPENED THE PUBLIC HEARING.
Jack McGee, representing Chapman University, spoke
in support of the proposed Ordinance.Chapman University would like to participate
in putting up banners around the Plaza in celebration of their I 40th Anniversary.
PAGE 21
CITY COUNCIL MINUTES June 26, 2001
14. PUBLIC HEARINGS (Continued)
The Director of Community Development pointed out the banners would be used for City events
or events supported by the City or Redevelopment Agency, and not for individual concerns. It is
not the City's intent to create a public forum or allow commercial advertising. The banners
would be allowed only in commercial or industrial areas, and not residential areas.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Councilmember Alvarez asked which streets would be used for these banners, the costs involved
with fitting light poles with the required hardware, and who would own the banners.
The Director of Community Development reported the placement of the banners is not limited to
particular streets, but is limited to commercial and industrial areas; and Tustin Street and the
Plaza will be the first areas to be used. The banners would be brought forward by the City or
Redevelopment Agency or in partnership with other agencies if it is for an event supported by
the City. The restriction on the banners is that they have to be of general civic or public nature;
and the city will have control over the design of any banners from other organizations. The
design and form of the banners will come back for staff to review with the Council, and the City
will have ownership of those. However, ownership of the banners is not addressed by the
Ordinance.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to find
the project is categorically exempt from the provIsIOns of the California Environmental Quality Act
per State CEQA Guidelines Section 15301.ORDINANCE NO. 7-
01 (FIRST READING)An Ordinance
of the City Council of the City of Orange amending Section 17.04.023 and Chapter 17.
36 of Title 17 of the Orange Municipal Code pertaining to regulations for decorative banners.MOTION -
Alvarez
SECOND - Coontz AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 7-
01 be read by title only and same was set for second reading by the preceding vote.14.3
WEED ABATEMENT,
CITY OF ORANGE: (C2500.H.2)TAPE 1725 Time set for a
public hearing to consider and hear objections to the proposed removal of weeds which constitute a public
nuisance. Resolution No. 9471 adopted by the City Council on PAGE 22
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS (Continued)
June 26, 2001
June 12, 2001 declares weeds a public nuisance and initiates abatement proceedings. The
properties which constitute a public nuisance and must be abated by the removal of weeds are:
Location
Vacant Lot N/E/C Cypress & Sycamore
Vacant Lot behind 715 Mallard
800 E. Collins
Slope N/o 1433 IlIa Dr. Adjacent to
Santa Ana Canyon Rd.
Access Rd Adj. to Orange Hill Restaurant
Lot Behind Homes along Cliffway
Slope Behind Homes offCliffway
Vacant Lot W/o 11063 Vicki Ln and S/o
Muir Dr.
Vacant Lot N/o Condos on Creekside
Abandoned Rails from Chapman to Fairhaven
Vacant Lot next to 1441 Kennymead
Assessors Parcel No.
039-
142-
12
383-
071-
05
386-261-24 360-311-03 093-
150-
75
379-611-
48
379-601-21,22,23,24,26,27,30 379-471-25 379-642-22
Abandoned Railroad 093-241-36 NOTE: A revised list of properties (Exhibit A to Resolution No.
9471) was submitted. The properties which constitute a public nuisance and must be abated
by the removal of weeds now include only the vacant lot behind
715 Mallard (AP# 383-071-05)
and the Abandoned Railroad from Chapman to Fairhaven. All other
properties were deleted
from the list.MAYOR MURPHY OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE
PUBLIC HEARING.RESOLUTION
NO. 9471 A
Resolution of the
City Council of the City of Orange declaring
weeds a public nuisance and initiating
abatement proceedings.MOTION - Slater SECOND - Alvarez
AYES - Slater,
CITY COUNCIL MINUTES
16. ADJOURNMENT
The City Council recessed at 10:45 p.m. to a Closed Session.
MOTION - Coontz SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche The City Council
adjourned at 11 :05 p.m.1jt:!);~~MARKA. Y
MAYORJune 26,
2001
PAGE 24