HomeMy WebLinkAbout7_24_2001 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 14,2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 24, 2001
The City Council of the City of Orange, California convened on July 24, 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 Bishop Herbert Warren, Church of Jesus Christ of Latter-Day
Saints1.2 PLEDGE OF ALLEGIANCE TO THE
FLAG Led by Councilmember
Slater1.3 ROLL
CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None 1.
4PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The
following individuals received Employee Service Awards:Michelle
Holguin - Finance; Shannon Bradshaw - Public Works; Barbara Magaddino -Personnel; Brian Fox - Water;
Randall Walker - Police; Dan Cahill- Police; Kathryn Novak - Police; Bryan Meissner - Police; Michael
Surber - Community Development;Cassie Cathcart - City Clerk; James Pyne - Police.Not present:
Viviano Cortez - Public Works; Albert Camacho - Water; PaulHamilton-
Water; Debra Croasdaile - Police; Barbara Delaney - Police; Stan Corona -CommunityServices; Brad Davis -
Police Mayor Murphy announced:The City Council will adjourn in honor of
Johnnie Chestnut who passed awayon
July 12,2001;
and presented a memorial certificate to the family.The tot lot at La Veta Park
was dedicated on Thursday, July 19th. The Community Services Department
was commended for their efforts in bringing this playground equipment to the park.Concerts in
the Park series continue at Hart Park on Wednesday evenings.Mayor
Murphy announced Resolution No.
9484 was to be removed from the Consent Calendar for adoption and
presentation since the recipient was present.PAGE 1
CITY COUNCIL MINUTES July 24,2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
RESOLUTION NO. 9484
A Resolution of the City Council of the City of Orange expressing appreCiatIOn to
Patricia Myers of the City Manager's Office and commending her for thirteen years of
loyal and dedicated service.
MOTION - Murphy SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved.Resolution
No. 9484
was presented to Patricia Meyers commending her for years of service upon her
retirement.2.PUBLIC COMMENTS
TAPE 960 The following people
spoke in opposition to the proposed dog park at Y orba Park. Their comments included: the
need for additional park land for children; children's needs should come before
dogs' needs; the City should meet standards for available park land; a dog park should
be in a non-residential area.Dori Dageforde,
2529 Dorothy Drive Suzanne Countz,
247 S. Rosalind Mary Dargatz,
2534 E. Burly Roberta Guice,
225 S. Rosalind C. E.
Schroeder, 2752 E. Burly 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 July 24, 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.PAGE
2
CITY COUNCIL MINUTES July 24,2001
3. CONSENT CALENDAR (Continued)
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 July 5,10 and 12. 2001.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 10, 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 for the period ending June 30, 2001.
ACTION:Approved.
AGREEMENTS
3.6 Cooperative Agreement between the City of Orange and the County of Orange
Public Facilities and Resources Department for the funding and administration of
engineering and construction of a City bridge rail replacement project as part of the
County's ultimate improvements on Glassell Street Bridge at Santa Ana River
Bridge No. 55C0069). (A2100.0 AGR-
3823)SUMMARY: The Cooperative Agreement between the City and County of
Orange establishes the funding and respective responsibilities of each agency for the
ultimate improvements on Glassell Street at Santa Ana
River.ACTION: Approved the Cooperative Agreement and authorized the Mayor and
City Clerk to execute on behalf of the
City.FISCAL IMPACT: The City's participation in the project costs is limited to
the engineering and construction of bridge rail replacement estimated in the amount
of 374,200. Fund sources are from federal HBRRP grants in the amount of $331,
279 88.53%), and City matching fund of $42,921 (11.47%), required by the federal
HBRRP guidelines. Funds are budgeted and are available in the
account:271-5011-483300-3815 $ 39,089.53 Special Gas Tax -
Bridge Rail Replacement 550-5011-483300-3815 $ 362,087.00
Reimb.
Capital Projects - Bridge Rail Replacement 3.7 Second Amendment to Agreement with Paragon
Partners, Ltd. to continue to provide property acquisition services for the
West Chapman Avenue road widening
project. (A2100.
CITY COUNCIL MINUTES July 24,2001
3. CONSENT CALENDAR (Continued)
SUMMARY: The City has an agreement with Paragon Partners, Ltd. for an amount not
to exceed $32,550 to provide property acquisition services for the West Chapman
Avenue road widening project. The number of acquisition parcels has increased thereby
requiring additional funds to pay for these services.
ACTION: Approved and authorized the Mayor and City Clerk to execute an Amendment
to Agreement with Paragon Partners, Ltd. on behalf of the City for an amount not to
exceed $42,550.
FISCAL IMPACT: Sufficient funds are available in Account No. 550-
5011-483300-4038, Chapman Avenue Widening - 57 Freeway to
Main.3.8 Agreement with Robert Kiley and Associates to serve as Consultant for the City
of Orange Community Foundation, Inc. and the City of Orange Public
Library Foundation Inc. (A2100.0 AGR-
3503.A)SUMMARY: During FY 2000-01 Robert Kiley and Associates (RKA),
assisted staff in establishing the Orange Community and Orange Public
Library foundations. The continued use of the services of RKA are required to further enhance
the growth and financial development of the two 50Ic(
3) incorporated foundations.ACTION: Approved the annual agreement between the City and
Robert Kiley and Associates for an amount not to exceed $31,000, and authorized the
Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: Sufficient funds are available in
Account No. 100-7001-426700 Other Professional and
Consulting Services - Community Services.3.9 Selection of Consultant to Develop 20-Year Library
Master Plan (A2100.0 AGR-3824)SUMMARY: Group 4 Architecture,
Research + Planning, Inc., is being recommended for selection as the consultant to develop a 20-year
Library
Master Plan for the City of Orange.ACTION: Selected Group 4 Architecture,
Research + Planning, Inc., to develop a 20-year Library Master Plan for the City
of Orange; approved an agreement between the City and Group 4 Architecture, Research + Planning,
Inc., for an amount not to exceed 148,800; and authorized the Mayor and City Clerk
to execute on behalf of the City.FISCAL IMPACT: The
FY 2001-02 Capital Improvement Program budget
includes 150,
CITY COUNCIL MINUTES July 24,2001
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.10 Correction in Funding for California Law Enforcement Equipment Program
CLEEP) Expenditures for the FY 2001-2002 Budget. (C2500.
K)SUMMARY: In the FY 2001-02 Budget, the CLEEP High
Technology grant expenditures were inadvertently budgeted to Fund 353 (Federal Police Grants)
rather than to Fund 100 (General Fund) where State Police Grant revenue and
expenditures are recorded. Approval of the requested action will correct
this error.ACTION: Reversed the appropriation of $39,346 from
Account 353-4011-471301-2254 Federal Police Grants - CLEEP High Technology Grants) and
appropriated $39,346 to 100-4011-471301-2254 (
General Fund - CLEEP High Technology Grants).FISCAL IMPACT: Unreserved fund balance is available
in the General Fund to cover this appropriation because grant revenue has
already
been received into the General Fund.3.11 Purchase of a wireless
remote controlled surveillance system. (C2500.K)SUMMARY: The Police Department would
like to purchase a wireless remote controlled system to aid in investigating a
variety of crimes, which include homicide,robbery, burglary, auto theft, vandalism and
sales of narcotics. The successful outcome to a criminal investigation is often dependent upon
the ability of law enforcement to conduct surveillance
on the criminal without being detected.ACTION: Approved the Police Department's request
to use CLEEP funds for purchase of a wireless remote controlled surveillance system
and appropriate $20,000 to Account 100-4011-471301-2254 (General
Fund - Police Administration -
State Grants - CLEEP High Technology Grant).FISCAL IMPACT: The City of Orange was awarded $
144,731 through the CLEEP High Technology grant. The funds were received on September
12, 2000 and are deposited in revenue account 100-4011-262900-
2254. There is $42,000
of
unreserved CLEEP funds available for this proj ect.BIDS 3.12 Project No. S.P. 3370;
Grijalva Park at Santiago Creek. Approval of plans and specifications, andrequest for
authorization to advertise for bids. (C2500.M.4.20)SUMMARY: Plans and
specifications have been completed for the Grijalva Park Project at the northwest comer of Spring Street
and Prospect Street. The project is readyto be
advertised. The
CITY COUNCIL MINUTES July 24, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Grijalva Park Project.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
310-9645-485100-0149 Prospect
Street Community Park 510-7021-
485100-0149 Prospect Street Community
Park
551-7021-
485100-0149
Prospect Street Community
Park Total 70,
000 691,100
2,138,100 2,900,000 CLAIMS (C3200.0)3.13 The City Attorney
recommends that the Orange
City Council deny
the following Claim(s) for damages:
a. Keith Hedrick b. Dana,
Michelle and Chris Kuhlman c. Chapman Townhomes, Inc., HOA ACTION: Denied claims
for
damages and referred to City Attorney and Adjuster.CONTRACTS 3.14 Contract Change Order
No.1; Bid No. 001-21; Project No. SP-3327, Plaza
Preservation Project and SP-3319, Bank of
America Parking Lot Improvement at 345 E. Chapman Ave. (A2100.0 AGR-3697)
SUMMARY: Contract Change Order No.1 authorizes payment for extra work on time and material basis
or at agreed
prices. The amount of Contract Change Order No. 1 is 233,874.50.ACTION: Approved a
Contract Change Order No.1 in the
amount of $233,874.50 to Terra-Cal Construction, Inc. for the extra
work.FISCAL IMPACT: Funds are budgeted or are available in
the following account:500-7021-485100-9875 $233,874.50 (Plaza Preservation Work) Total $233,874.
50 3.15 Contract Change Order No.2; Bid No. 001-
15; Project No. SP-3275, City of Orange Corporation Yard - Seismic Retrofit and
ADA Improvements. (A2100.0 AGR-3678)SUMMARY: Contract Change Order No.2 authorizes
payment for extra work at agreed prices. The amount of Contract Change Order No.1 is $7,
869.23 ACTION: Approved a
Contract Change
CITY COUNCIL MINUTES July 24, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted or are available in the following account:
550-5011-481105-2975 $7,869.23 (Seismic Retrofit-Garage)
Total: $
7,869.23 DONATIONS REMOVED AND
HEARD SEPARATELY) TAPE 1500 3.16 Request to accept donations from the Baden family ($1,045) and
from the Woman's Clubof
Orange ($150) (C2500.l)SUMMARY: The City Council is asked to accept a $1,045
donation from the Baden family for preservation of local history photos, and a $150 donation
from the Woman's Club of Orange
for children's programming.Councilmember Cavecche asked for recognition ofthe
donation to the Library.Sue Baden reported the donation is being made in memory of
her mother, Rosalie Baden,for maintenance
of the historical
archives.MOTION - Cavecche
SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz,
Cavecche ACTION: Accepted a $1,045 donation from the Baden family and a $150 donation
from the Woman's Club of Orange. Both gifts should be directed into the Receipt of
Patron DonationslMaterials budget for FY 2001-02 (
Account # 100-2001-293900-9986).FISCAL IMPACT: $1,195 will be receipted into
the Receipt of Patron Donations!Materials
budget for
FY 2001-02 (100-2001-293900-9986).LIBRARY CLOSURE 3.17 Request for Early Closure of
the Orange Public Library Facilitiesto
the Public on Thursday, August 16, 2001. (C2500.l)SUMMARY: One-hour early closure
of the Main Library and the Taft and EI Modena Branch Libraries (e.g., at 5 p.m. rather than
6 p.m.) is requested to offer Library staff the opportunity
to attend the City's annual Employee Picnic that afternoon.ACTION: Closed Orange Public
Library facilities to the
public at 5 p.m. Thursday,August 16, 200 I.FISCAL IMPACT: There is
no fiscal impact to closing the library facilities. Staff who do not attend the Employee Picnic
will remain at their libraries to work behind
the scenes
CITY COUNCIL MINUTES July 24, 2001
3. CONSENT CALENDAR (Continued)
PURCHASES
3.18 Purchase of print and non-print materials for Orange Public Library facilities
from Baker & Taylor, Inc., in the amount of $125,000. (C2500.
I)SUMMARY: This is a request that the City Council authorize a $125,000 purchase
order with Baker & Taylor, Inc., for print and non-print materials (i.e., books,
videos, compact disks, computer software, etc.) for the Main Library and the Taft and EI
Modena
Branch Libraries.ACTION: Authorized purchase of print and non-print materials
for Orange Public Library facilities from Baker & Taylor, Inc., in the amount
of$125,000.FISCAL IMPACT: Sufficient funds exist in the
following account: 100-
2001-
443101-0000 (Library Books).RESOLUTIONS 3.19RESOLUTION NO. 9468 (
S4000.S.3.1.2)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.Request to waive the $400 application fee for
inclusion in the neighborhood parking permit program for residential streets within
the permit parking area surrounding Chapman University, generally bordered by Cambridge
St., Chapman Ave., Lomita Ave.,
Mayfair Ave. and Cypress St.
Continued from July 10,2001.)NOTE: Councilmember Slater and Mayor pro tern Alvarez abstained
on this item due to
property interests in the area.Mr. TJ. Clark asked about parking at his properties at 811 E.
Chapman and 341 N. Olive.The Director of Public Works was directed to get back with
Mr. Clark
on these issues.ACTION: Approve.3.20
RESOLUTION NO. 9477 (TlI00.0)A Resolution of the City Council of the City of Orange
agreeing to a redistribution of property taxes for
Reorganization No. RO-00-I0,
Muskoka Development.
Continued from
CITY COUNCIL MINUTES July 24,2001
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9484 (C2500.E)
A Resolution of the City Council of the City of Orange expressing apprecIation to
Patricia Myers of the City Manager's Office and commending her for thirteen years of
loyal and dedicated service.
NOTE: This Resolution was adopted and presented under Item 1.4
Presentations/Announcements/Introductions.
ACTION:Approved.
REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9486 (S4000.S.3)
A Resolution of the City Council of the City of Orange revlsmg the Residential
Neighborhood Traffic Management Program and rescinding the moratorium enacted by
the City Council in May 1999.
Councilmember Slater asked why staff is recommending this matter be continued an
additional month; and if the moratorium were rescinded would existing speed humps be
removed. He is aware that many residents are anxious to initiate traffic calming studies
and want this resolved.
The Director of Public Works stated the continuation is requested in order to have
sufficient time to mail notices out to residents on Shaffer Street, as requested by the
Council on July 10. Also, existing speed humps will not be removed under this Program.
Mayor pro tern Alvarez asked if this will affect gated communities. The Director of
Public Works stated the program does not affect private streets.
Councilmember Coontz stated she asked that residents along Shaffer Street, between Taft
and Meats, be notified because they have been very concerned about the speed humps on
their street. Also, since the time this was originally voted on, the conflict of interest laws
in California have changed. Councilmembers are now precluded from voting on an issue
within 500 feet of their property rather than 250 feet. Depending on how this matter is
voted on, she will have to determine whether she can vote on this particular part of the
program.
PUBLIC COMMENTS
Mel Vernon, 363 N. Lincoln, spoke in favor of using speed humps as a traffic calming
device and asked that notification also be sent to residents on A venida Palmar,
Marywood, Chestnut, Pampas and Palmyra, as they have requested traffic calming
measures in these areas.
PAGE 9
CITY COUNCIL MINUTES July 24, 2001
3. CONSENT CALENDAR (Continued)
Bill Lanning, address on file, spoke in opposition to the use of speed humps as there are
other ways to reduce traffic speeds; and asked why residents on Shaffer were notified if
the removal of existing speed humps is not part of the recommendation.
Mayor Murphy clarified that the removal of existing speed humps are not part of the
recommendation and the discussion will be on the moratorium and traffic calming
requests.
Councilmember Coontz explained the reason for the notification to the residents on
Shaffer Street was that these are the only speed humps in the City and the original staff
report was not conclusive about retaining or removing them.
MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Moved to
continue to August 28, 2001.3.23 RESOLUTION
NO. 9492 (C2500.P.3)A Resolution ofthe
City Council of the City of Orange determining that there is a need to continue the rehabilitation
of Water Wells 23 and 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.
24 RESOLUTION
NO. 9493 (C2500.E.6)A Resolution of
the City Council of the City of Orange terminating the existence of a local emergency.Vista
Royale and
Peralta Pointe ACTION: Approved.MOTION -
Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Councilmember Slater and Mayor pro tern
Alvarez abstained on Item 3.19. Items 3.16,3.21 and 3.22 were
removed and heard separately. The remaining items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR PAGE 10
CITY COUNCIL MINUTES July 24, 2001
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS TAPE 2250 Councilmember
Coontz reported she had received calls regarding a recent Orange County Register
article on Megan's Law and sex offenders living in Orange. She was deeply concerned about
this issue and asked the Police Chief for a report.Police
Chief Romero reported that California law requires sex offenders to register with local police
departments within five days of release, and the Police Department then keeps tabs on those
individuals. These individuals are placed in cities by the State. Orange currently has 127 registrants,
with 2 of those being high risk offenders. The Police Department will be looking to change
their policy to distribute fliers in neighborhoods where these high risk offenders are located
and make these neighborhoods safer. The constant contact they have with these offenders
is definitely a deterrent.Councilmember
Coontz asked about the locations where these offenders can be placed and if the Police
Department keeps in contact with the managers of the motels where offenders are living.The
Police Chief stated they can not be located within Y. mile of a school but the Department is concerned
about children living in motels. The Department does keep in constant contact with the
motel managers.Councilmember
Slater stated he would strongly encourage that all neighborhoods be given fliers where
high risk offenders are located, no matter where they are.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 2680 6.
1 Report by the Community Video Advisory Board on the 5 Year Review of Time Warner
Communications cable services. (ORI800.0.28)Pat
Buttress, President of the Community Video Advisory Board, explained that Marilyn Manson,
former President, was leaving the Board. She introduced Jerry Coker and Linda Johnson
and complimented Fedgy Casapulla, Staff Secretary, for her work with the Board.Councilmember
Coontz thanked the Board for a thorough report, and stated the contract between the
City and Time Warner requires that videos of the programs that are funded be provided by Time
Warner and placed in each library, which would include the Main Library, El Modena and Taft
Branch Libraries and Historical Library. These should be made available for citizens who do
not have cable in their homes.MOTION -
Coontz SECOND - Cavecche
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche Moved to Receive and
File.7. ADMINISTRATIVE REPORTS - None.
PAGE 11
CITY COUNCIL MINUTES July 24,2001
8. REPORTS FROM CITY MANAGER - None.9.
LEGAL AFFAIRS TAPE 2940 9.
1 ORDINANCE NO. 8-01 (SECOND READING) (A2500.0 Outdoor Dining)
An Ordinance of the City Council of the City of Orange repealing Chapter 12.18 of the Orange
Municipal Code and adding a new Chapter 12.18 to the Orange Municipal Code relating to
regulations for outdoor dining in the public right-
of-way.MOTION -
Slater SECOND - Coontz
AYES - Slater, Mayor Murphy, Coontz, Cavecche ABSTAIN -
Alvarez Moved that
Ordinance No. 8-01 be read by title only and same was approved and adopted by the preceding
vote.10.
NOTICED HEARINGS TAPE 2960 10.
1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 1708-1724 WEST
CHAPMAN AVENUE: (C2500.M.14)
Time set for a noticed hearing on resolution of necessity to acquire the following strip ofland for
the West Chapman Avenue Widening Project.
1708-1724 West Chapman Avenue Assessor Parcel Nwnber:
390-241-12 Property Owner:1708-
1724 West Chapman LLC The Director of Public Works reported this is a 1200 square feet strip of land
and that in order for the Council to acquire any property, they need to make the findings
that, 1) the public interest and necessity require the acquisition of the property for the proposed
project; 2) that the proposed project is planned and located in the manner that will be
most compatible with the greatest public good and the least private injury; 3) that the property
is necessary for the proposed project; and 4) that an offer has been made to the owner of
record of the property pursuant to California Government Code. All
findings have been met.Ms. Rabbany, Managing Member of 1708-1724 W.
Chapman Avenue, stated this eminent domain proceeding will affect the amount of parking for the 7-11
Store, which is one of their anchor tenants; and if they lose part of their center, it will
affect the value of the property.Mayor Murphy explained the action to be taken is only on
a resolution of necessity and the negotiated price can not be discussed. He asked when the
findings were made and the policies were set in place, if these were subject to disclosure and
available
when doing
CITY COUNCIL MINUTES July 24, 2001
10. NOTICED HEARINGS (Continued)
Staff indicated the planning began in 1988 and the EIR was certified in 1992. This is a matter of
record; and property owners would be made aware of this and tenants would have that
information available to them.
RESOLUTION NO. 9455
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 1708-1724 West Chapman A venue
and authorizing the acquisition
thereof.MOTION - Slater
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
adopt Resolution No. 9455.10.2
PROPERTY ACQUISITION BY EMINENT DOMAIN, 1818 WEST CHAPMAN AVENUE: (C2500.
M.14)Timeset
for a noticed hearing on resolution of necessity to acquire the following strip ofland for the West
Chapman Avenue Widening Project.1818 West
Chapman Avenue Assessor Parcel Number 390-241-10
Property Owner:John T. Merrick and Lynne Merrick
The Director of Public Works reported this is a 500 square feet strip ofland and that in order for
the Council to acquire any property, they need to make the findings that, I) the public interest
and necessity require the acquisition of the property for the proposed project; 2) that the
proposed project is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; 3) that the property is necessary for the
proposed project; and 4) that an offer has been made to the owner of record of the property
pursuant to California Government Code. All findings have been met.
RESOLUTION NO. 9489
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 1818 West Chapman Avenue and
authorizing the acquisition thereof.
MOTION - Alvarez SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt
Resolution No. 9489.PAGE 13
CITY COUNCIL MINUTES July 24, 2001
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:16 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:
Nieupointe
Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior Court Case
No. 01CC02712 Medix
Ambulance Service, Inc. v. City of Orange, Orange County Superior Case No. 75 44 97 City
of Orange v. Daniel Rudat, Trustee of the Chapman Avenue Trust UDT 6/9/95, et aI.,Orange
County Superior Court Case No. 0lCC04122 NOTE:
This item was not discussed. b. Conference with Legal Counsel - Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (onepotential case)c. Conference
with Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator:
Personnel Director Steven Pham Employee Organization:
Fire Union d. 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 13.PUBLIC
COMMENTS TAPE 3460 Mayor Murphy
announced the death of Barbara Gail Hewitt, owner of O'Hara's Pub and founding member
of the Street Fair; and also the death of David George, owner of the Tulsa Rib Restaurant in
Orange.Paul Mooney,
LaVeta Monterey Condominiums, 700 W. LaVeta, distributed copies of information on
the 22 Freeway Sound Wall Project and asked for support and involvement from the Council
for a sound wall on the stretch of the 22 Freeway in Orange.Mayor Murphy
stated he and Councilmember Coontz attend monthly meetings with CalTrans and would
bring this to their attention.PAGE 14
CITY COUNCIL MINUTES July 24,2001
13. PUBLIC COMMENTS (Continued)
The following people spoke in opposition to the proposed dog park at Yorba Park:
Suzie Rickmeyer, 2535 E. Burly Avenue
Roberta Bonzer, 2548 E. Burley Avenue
Roger Bonzer, 2548 E. Burly Avenue
Robert Dargatz, 2534 E. Burley Avenue
Faye Caroll 354 S. Tracy Lane
Jerry Carroll, 354 S. Tracy Lane
Annalisa Goode, 438 S. Grand, asked when the matter of the South Grand Street re-zone
would be scheduled for
discussion.Mark Burkhardt, address on file, expressed concern about the impacts of the proposed dog
park and bike path in the McPherson Neighborhood; and suggested communication with the
School District on these
issues.14.PUBLIC HEARINGS TAPE
4600 14.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM: (A2500.
0)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, May 8 and June 12,
2001.The Director of Public Works reported Council had requested information on how
development fees in Orange compare with other neighboring cities. Staff conducted a study,
comparing development fees of similar projects in Orange with Anaheim, Costa Mesa, Garden
Grove,Irvine, Newport Beach and Santa Ana; with Orange at or below the median
range.MAYOR MURPHY OPENED THE PUBLIC
HEARING.THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING Councilmember Coontz asked when Measure M expires. The Director of Public Works stated
it is
2011.Councilmember Cavecche stated that as growth starts to develop more to the east, she
suggested looking into adding another area to this Program. The Director of Public Works stated staff
will return to Council, perhaps toward the end of this fiscal year, with a comprehensive revision
to these fee programs, and could consider a restructuring at that
time.Councilmember Coontz stated it is important that this fit with the Circulation Element of
the General Plan and wanted to ensure the timing was tied to the General Plan
revisions.PAGE
CITY COUNCIL MINUTES July 24,2001
14. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9428
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
MOTION - Alvarez SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt
Resolution No. 9428.15. PLANNING AND
ENVIRONMENT - None.16. ADJOURNMENT MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz,
Cavecche The City Council adjourned at 7:52
p.m. in memory of Johnnie Chestnut.A~A'~~~~CASSANDRA J. HCART, CMC CITY
CLERK i1d1' ,/
I liI'.)2 C, .
f'I'
11 I
I'i' ,'- ,.MARKA.MAYOR
L/IfPAGE
16