HomeMy WebLinkAbout4_25_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 9, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 25, 2000
The City Council of the City of Orange, California convened on April 25, 2000 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
Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 130 The City
Manager presented Employee Recognition Service Awards to Richard Costa,Brownwyn Hansen,
Virginia Robinson, and Jan Schafer (Library); Jack Boyd, Jared Steingraber, Brent
Craft, Randy Donegan, Carol Garcia, Anita Kemp, Renee Nicholson,and Jose
Rizo (Police); Bill Piguee, John Young, and Jerry Bailey (Public Works); Iraj Mansouri (Community
Development); and Mary Ellen Laster (Economic Development).C2500.J.
4.18)A proclamation
was presented to Jerome Shaw, Executive Vice President and Founder of Volt Information
Sciences, Inc. for his public service to the City of Orange and the greater community.
A proclamation
recognizing April 29, 2000 as Arbor Day in the City of Orange was accepted by
the City's Arborist, Doug Kokesh. Mr. Kokesh noted that approximately 900 trees
will be planted in the City parkways, which should increase the City's street tree population
by five percent. There are currently over 22,000 parkway trees in the City.Police
Captain
Gustafson presented a proclamation on behalf of the City Council to Don and Nancy
Hedrick in recognition of their donation to purchase a Police Canine in memory of
Nancy's father, Officer Gerald Shryock.PAGE 1
CITY COUNCIL MINUTES April 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Coontz gave the following announcements:
The Orange Police Department Traffic Bureau will be presenting an "Every 15
Minute" DUI Education Program at Orange High School on May 1st and 2nd. The
program will include a staged traffic collision in front of Orange High School at
midday on Monday, May 1st. Mayor Coontz indicated that this event needs to be
mentioned on cable television as in the past, the staged collision was thought to have
been a real accident. People are invited to attend this portion of the program.
The Orange Sunrise Rotary Club Auto Show will be held on Sunday, April 30th in the
Plaza, from 8:00 a.m. - 4:00 p.m. The 400 show cars range from an 1891 truck to pre-
I975 vehicles. There will be great raffle prizes and 33 trophies with monies
going to Orange youth scholarships.
The Orange Rotary Clubs sponsored the 26th Annual Police and Fire Awards
Ceremony on April 20th to honor the exemplary service of individuals.
Detective Rob Miller of the Orange Police Department was named "Officer of the
Year" for his 2500 man hours on a Canada to Orange County drug investigation and
the successful seizure of over a half million dollars in drugs and over a half million
dollars in asset seizures.
Reflecting the respect and high esteem in which he is held, Orange Police Department
honored Captain Bob Gustafson as "1999 Supervisor ofthe Year."
The "1999 Non-Sworn Employee of the Year" went to Chris Huddleston who
has received this prestigious award two other times on top of 14 commendations she
has received through the years citing her exemplary
work.Officer Brian Adair received the "Award of Merit" for his quick response to
a medical emergency that saved a woman's
life.The "1999 Police Explorer of the Year" award went to Villa Park Senior
Meghan Betterton for her many honors and achievements at school and in her
post.Carolyn Richardson was honored for contributing over 200 volunteer hours
since August of 1999 to our new Alarm Permit Billing
System.The "Firefighter of the Year" award went toEngineer/Paramedic Ed Engler,
who coordinates the Emergency Medical Technician Training Program for
Orange,Anaheim, Garden Grove, Fullerton, La Habra, and
Brea.PAGE
CITY COUNCIL MINUTES April 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
The "Valor Award" went to Battalion Chief Doug Mochizuki for his brave attempt to
save the life of a victim involved in a traffic collision on Interstate 5 near San
Clemente when he was off duty. He risked his own personal safety to give the driver
of another vehicle a chance at survival.
The "1999 Fire Explorer of the Year" went to Kevin Tiscareno who has dedicated
over 550 volunteer hours to our community, recently graduated from the Fire
Academy, and is pursuing his goal of becoming a full-time firefighter in
Orange.Mayor Coontz concluded that these are individuals who understand and deal with
our society in the worst of times and the best of times and do it well. They are
individuals who meet the public daily, sometimes in critical and dangerous situations, and have
the trust of our community. We honor the Rotary Clubs for paying tribute to these
dedicated community
servants.2.PUBLIC COMMENTS Tape
905 Carol Perry, 793 N. Hart Street, expressed concern for children's safety from
vehicles speeding on Hart Street, since Collins Avenue Bridge has been closed. Mayor
Coontz responded that pedestrian safety issues will be addressed later in the
agenda.Fernando Rico, 238 N. Magnolia Street, requested that funds be expedited to replace
his street that is in need of repair due to many overcoats of asphalt and the street layer is
now above the driveway approach
layer.Councilman Slater commented that the block does look bad and asked that
the approaches be repaired and more patching be done. The City Manager explained that
a number of streets in the City are in need of repair and the City will continue to try
to patch and repair. However, most cities throughout the state are significantly
under funded for street repairs. Grant funds and gas tax funds can be used for arterial
highways.Community Development Block Grant (CDBG) funds can be used for total
street rehabilitation in low income neighborhoods. Over the next year, the Public
Works Department will assess and quantifY the types of repairs and funds needed to begin a
self-funding program. Also, next years CIP budget aggressively addresses street
repairs.Mayor Coontz commented that the situation on the 200 N. block of Magnolia
Street sounds like a very unusual situation. The City Manager noted that the Public
Works Department currently has a Pavement Management Plan. Unfortunately,
many neighborhood streets are older and the curbs and gutters, as well as the pavement, need
to be replaced. The cost per block is approximately $100,000 - $150,000.
PAGE 3
CITY COUNCIL MINUTES April 25, 2000
2. PUBLIC COMMENTS (Continued)
Carole Walters, (address on file), expressed concern with vehicle speed and the safety of
children. Ms. Walters feels the Theo Lacy Jail settlement monies should be used for law
enforcement rather than rehabilitation of apartments. Mayor Coontz commented that in
the future the Director of Economic Development can speak to the success of the City's
aggressive program in rehabilitating apartment buildings and curtailing crime in the City.
Larry Bonham, 12151 Adrian Street, commented on the importance of parks in the City.
3.CONSENT CALENDAR Tape 1392
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 25, 2000 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 ofthe City
Clerk.3.2 Request Council Confirmation of warrant registers dated April 6 and 13,
2000.ACTION:
Approved.3.3 Receive and file Treasurer's Report, period ending March 31, 2000. (C2500.
F)ACTION:
Approved.3.4 Request approval of City Council Minutes, Regular Meeting, March 28, 2000
and April 11,
2000.ACTION:
Approved.3.5 Consideration to waive reading in full of all ordinances and resolutions on
the
Agenda.ACTION:
Approved.
AGREEMENTS 3.6 Amendment No. A-2 to Cooperative Agreement No. 12-356 between
the City of Orange and California Department of Transportation (Caltrans)
regarding the SR-55 Freeway Widening Project. (A2100.
0 AGR-
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: Amendment No. A-2 to this contract is to accommodate the City's
request to install certain components of street lighting systems for freeway overcrossings
where no such provisions were made in the original freeway construction documents.
The estimated cost is $123,000 for the freeway overcrossings at Walnut, LaVeta and
Meats
Avenues.ACTION: Approved amendment and authorized Mayor and City Clerk to execute
on behalf ofthe
City.FISCAL IMPACT: The first $61,500.00 payment for this agreement will be made
from Account No. 262-5032-483100-6032 (Installation of
Minor Traffic Control Devices).The second $61,500 payment for this contract, which is due on July
31, 2000 will be made from Account No. 272-
503-2483100-6456 (Street Lighting Conversion). This project is
in the proposed FY2000-01 budget and CIP.3.7 Amendment to Consulting
Services Agreement No. 3339 C-l with General Learning Climates, Inc. to conduct City-
wide Team Building for a new
amount not to exceed 55,000. (A2100.0 AGR-3339.1)SUMMARY: In
September, 1999, the City entered into a contract with General Learning Climates, Inc.
to perform team building training for all top management employees. The consultant has
successfully trained the City's management staff in the concepts and experiences
of teamwork. The training has stressed the importance of providing excellent customer
service, learning
new ways of doing business, and measuring and improving organizational performance.
ACTION: Approved an amendment to the consulting services contract with General Learning Climates, Inc.
to conduct City-wide Team Building in a new amount not to exceed $55,000, and
authorized the Mayor and City Clerk to execute on behalf of the City. There
is no need to appropriate additional funds
because there are enough funds available in the City Manager's budget.FISCAL
IMPACT: With the proposed amendment, the maximum fee for this contract is now $55,000.
The original contract amount of $25,000 has been expended. There are adequate
funds
for this contract in the 1999-00 Budget in Account Number 100-
0201-426700.3.8 Amendment to existing professional service contract with CSG Consultants,
a private building plan check firm, to provide on-site
plan checks and related public counter services for the Building Division. (A2100.0 AGR-
3375.1)SUMMARY: The goal of the Building Division is to provide
quality plan check services at the public counter throughout the business day. The Department
is currently
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
to the contract will augment our existing staff with the use of an on-site plan
check consultant through the end of the fiscal
year.ACTION: Authorized the Mayor and City Clerk to execute an amendment to an
existing professional service contract with CSG Consultants, not to exceed an additional $20,
000,for a total contract for this fiscal year of $40,
000.FISCAL IMPACT: For the balance of FY 1999/00, we will utilize $20,000
currently available in the Building Division Plan Check Services budget,
100-6033-427800.REMOVED
AND HEARD SEPARATELY)3.9 Award of Professional Engineering Services Agreement for
Santiago Creek Trail from City of Orange/City of Santa Ana boundary line to SR-
55 at Palmyra Avenue continued from April 11,
2000.). (A2100.0 AGR-3505)SUMMARY: This contract will authorize the
consultant to prepare a technical alignment/feasibility study for the trail along
Santiago Creek. KFM Engineering, Inc.retained as a consultant to provide the engineering services for
an amount of $81 ,385.FISCAL IMPACT: Funds are budgeted in
the Capital Improvement Program and available inthe following accounts: 245-
5011-486700-6099 $61,497 (AB 2766 Air
Pollution Reduction); and 262-5011-486700-6099 $64,000 (
Measure M).Discussion: Bob
Bennyhoff, 10642 Morada
Drive, spoke in support.MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to: I) award a consultant agreement
in the amount of $81,385 to KFM Engineering, Inc. and authorize the Mayor and
City Clerk to execute on behalf of the City; and 2) approve an
appropriation
of $64,000 to Account No. 262-5011-486700-6099.3.10
Award of Professional Engineering Services Agreement for Tustin
Branch Trail continued from April 11, 2000). (A2100.0 AGR-3504)
SUMMARY: This contract will authorize the consultant to prepare a technical alignment/feasibility
study for a multi-purpose trail from the City's southerly boundary at Fairhaven
Avenue) to Santa Ana River Bike Trail along the abandoned Union Pacific Railroad right-of-
way in the Cities of Orange and Villa Park, Cities of Orange and
Villa Park's roads, and Santiago Creek embankments. KFM Engineering, Inc. retained as
a consultant
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a consultant agreement with KFM Engineering, Inc. in the amount
of $146,000 and approved an appropriation of $146,000 to Account No. 550-
5011-
486700-6100.FISCAL IMPACT: Upon appropriation, funds will be available in Account
No. 550-5011-486700-6100 $146,
000 (OCTA-TEAl Grant
Program).REMOVED AND HEARD SEPARATELY)3.11 Agreement with Robert Kiley and Associates (
RKA) to serve as Foundation Manager of the Orange Community Foundation
and the Orange Public
Library Foundation. (A2100.0 AGR-3503)SUMMARY: Staff has been working to establish two
City foundations with the intent to promote and support cultural, recreational, library and human
service needs of the City of Orange and lessen the burdens of local
government. The foundations are the Orange Community Foundation
and the Orange Public Library Foundation.FISCAL IMP ACT: Sufficient funds are available in the FY
99/00 budget to cover the costs for the remainder of this fiscal
year ($8,000), Account No. 100-0000-426700 General Government-
Professional Consultant). Funds have been requested as part ofthe FY 00/01
budget process ($48,000): Account No. 100-2001-426700 (Other
Professional and Consultant Services), $24,000;
and Account No. 100-7001-426700 (Other Professional and Consultant Services), $
24,000.Councilman Alvarez commented in support of the Orange Community Foundation that will
provide an important avenue for businesses and people in the
community who want to contribute towards children and adult programs in the City.Mayor
Coontz commented the recession caused a setback for the
start of the
Orange Public Library Foundation
but will now be managed successfully.MOTION - Alvarez
SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the Mayor and City
Clerk to execute a contract in an amount not to exceed $56,000 to
RKA to serve as Foundation Manager for
the Orange Community Foundation and the Orange Public Library Foundation.3.
12 Third Amendment to Professional Consultant Agreement with Cathcart/Begin
Associates, Inc.
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The City Council approved a second amendment to the consultant
agreement between the City and Cathcart/Begin Associates, Inc. in the amount of
58,435 on November 10, 1998. Cathcart/Begin Associates, Inc. increased their scope of
work to add an electrical engineer and perform additional services resulting from
additional meetings with the Citizens Committee and change design plans. The City
Council approved the Plaza Citizens Committee's recommendations on September 28,
1999. Based on the recommendations, Cathcart/Begin will prepare engineering plans and
specifications for construction. The third amendment to the consultant agreement is not
to exceed $133,460. It is anticipated that construction will begin in January, 2001.
Note: Councilman Alvarez abstained from voting on this item due to a property conflict.
ACTION: Approved the third amendment to the consultant agreement and authorized the
Mayor and Deputy City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted for FY 99/00 in Account No. 500-
7021-485100-9875 (Plaza AreaImprovements) $
133,
460.BIDS 3.13 Project SP-3297 - Approval of plans and specification and request
for authorization to advertise for bids for the Rock Creek Park Remedial Grading Project
located at the northwest corner of Spring Avenue and Prospect Street. (C2500.M.
4.20)SUMMARY: As follow-up to acquisition of the subject property
for park purposes,clean up and re-compaction of the site was recommended
in conformance with reports filed with the City November 5, 1998. Plans and specifications
have been completed for the Rock Creek Park Remedial Grading Project. The project is ready
to be advertised for bids. The estimated construction cost
is $2,200,000.ACTION: Approved plans and specifications and authorized advertising
for bids for the Rock Creek
Park Remedial Grading Project.FISCAL IMPACT: Funding for this project will be provided
by Park Acquisition Funds and County Park reimbursement monies. $315,000 is budgeted in
the FY 99-00 Budget Account No. 500-7021-485100-
0149 (Rock Creek Park). The balance will be
appropriated in
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
3.14 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following claims
for damages:
a. Marvin Azzopardi
b. Meaghan Watson
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Award of Contract - Bid No. 990-14; SP-3239E; Arterial Highway
Rehabilitation Program - Glassell Street Pavement Rehabilitation from Maple Avenue to Walnut
Avenue. (A2100.0 AGR-
3501)SUMMARY: The project will rehabilitate G1assell Street from Maple Avenue to
Walnut Avenue. The construction improvements of this project include removal of
roadway pavement and reconstruction with a full depth asphalt concrete section; remove
and replacement of concrete curb and gutters, driveways, sidewalks, cross gutters
and spandrels; adjustment of manhole frames and covers, water valves, survey
monument frames and covers to grade, replacement of traffic loops and traffic
striping.ACTION: Awarded a contract in the amount of $441,893.50 to Palp, Inc. DBA
Excel Paving and authorized the Mayor and the City Clerk to execute on behalf ofthe
City.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program
and available in the following accounts: 550-5011-483300-4004 $
72,819 (Arterial Highway Rehabilitation Program, 272-5011-483300-4004 $
376,000 (Gas Tax 2105),
and 262-5011-483300-4004 $11,590 (Measure "M").3.16 Award of Contract -
Bid No. 990-24; Project S-192; Sanitary Sewer Improvements at these
locations: Batavia Street from Taft Avenue to Grove Avenue, Grove Avenue from
Batavia Street to Glassell Street, and Glassell
Street from Grove Avenue to Fletcher Avenue. (A2100.0 AGR-3500)
SUMMARY: The Batavia Street, Grove Avenue, and Glassell Street Sanitary Sewer Improvements
shall provide the
necessary system capacity to alleviate the deficiencies in the existing systems.ACTION: Awarded a
contract in the amount of $1,066,758 to 1FT-Pipeline Engineers and authorized the
Mayor and
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 520-5011-483200-5546 $
482,000 (Sewer Construction), and 520-5011-
483200-5547 $755,000 (Sewer Construction).3.17 Award of Contract to MacKenzie Electric, Inc - Bid
No. 990-26; Hart
Park Lighting Installation. (A2100.0 AGR-3499)SUMMARY: The City purchased seventy-six (
76) light fixtures for field lighting at Hart Park. The light fixtures will replace
existing
lighting which are outdated and no longer usable.ACTION: Awarded a contract in the amount
of$68,500 to MacKenzie Electric, Inc. and authorized the Mayor and the City
Clerk to execute on behalf of the City.FISCAL IMPACT: Funds
are budgeted in the Capital Improvement Program and available in
the
following
account: 510-7021-485100-0029; $68,500 (Hart Park Lighting).DONATIONS 3.18 Accept a donation
from Nancy and Don Hedrick and appropriate these funds to the Police Department
Canine Program
for the purchase of a new police service dog.C2500.K)
SUMMARY: Orange residents Nancy and Don Hedrick have selected the Police Department's Canine Program as
a beneficiary of funds for the purchase of a new police service dog. Their
donation is to honor Nancy's father, Gerald Shyrock, an Orange Police Officer who
retired after 21 years of dedicated service. Officer
Shyrock served the Department from 1941 through 1962, wearing Badge #1.ACTION: Accepted
the donation of $5,500 from Nancy and Don Hedrick
and appropriated the $5,500 to Account No. 100-4021-475100-2307 (General Fund-Patrol-
Other Capital Outlay-
K9/SW AT Donation) for
the purchase of a new police service dog.FISCAL IMPACT: None.RATIFICATION OF DECLARATION OF EMERGENCY 3.
19
Review the
existence of
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
3.20 Review the need to continue the installation of a methane gas control system at
Yorba Park in response to an emergency. (C2500.M.4.1)
ACTION: Approved.
RESOLUTIONS
3.21 RESOLUTION NO. 9257 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
and removal of on-street parking on Grand Street from Chapman Ave. to Almond
Ave.for a special event on May 13,
2000.Fire Service Day 2000 at City of Orange Fire
Headquarters ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)3.22 RESOLUTION NO. 9259 (TA2100.0 AGR-
2351.1)A Resolution of the City Council of the City of Orange Granting to
Time Warner Entertainment - Advance/Newhouse Partnership, a New York Partnership, a Seven
Year Extension to the Current Cable Television Franchise
Agreement.In response to questions raised by Councilman Alvarez, the City Attorney explained
the extension applies to all the terms and conditions of the current cable television
franchise agreement. The City insures that the formula supplied by the federal government
for basic cable service has been applied correctly, which is the extent of any rate
regulation that the City is allowed to engage in. Programming fees are no longer
federally regulated. The City does not have the authority to not renew the franchise
agreement based on the rates being charged. A complete audit will be done in January, 2001,
as provided in the franchise
agreement.Mayor Coontz commented that the types of complaints received at Time Warner
would be helpful information for the Council to receive. This will be revisited after the
January,2001
audit.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve Resolution No. 9259.PAGE 11
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9261 (A2100.0 AGR-
3308)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 989-41; D-
I30; Paulus Engineering,Inc.; WalnutlGlassell
Storm Drain
Construction.ACTION: Approved.3.24 RESOLUTION NO. 9262 (C2500.M.
16.1 LLN-2000-01)A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL-2000-01 adjusting lot lines of certain
real property described as 6617 Laguna Court,Lot 52 of Tract 15695 and 2265 N. Grandview Road, Lot 55
of Tract 15027 in the City of
Orange, County of Orange, State
of California.Owners: Serrano Heights, 1400,
LLC Scott
Hornick and Courtne D. Hornick ACTION: Approved.3.25 RESOLUTION
NO. 9263 (C2500.M.16.1 LLN-2000-02)A Resolution of the City Council
of the City of Orange approving Lot Line Adjustment LL-2000-02 adjusting
lot lines of certain real property described as 6602 Laguna Court,Lot 50 of Tract 15695,
6613 Prescott Court, Lot 33 of Tract 15695 and 2215 N.Grandview Road, Lot 59 of
Tract 15027
in the City of Orange,
County of Orange,
State of California.Owners: Serrano
Heights 1400,
LLC Barbara B. Soros
Sanjeev Mishra and Sangita Mishra ACTION: Approved.REMOVED
AND HEARD SEPARATELY)3.26 RESOLUTION NO. 9264 (A4000.0 APP-469)A Resolution of the
City Council of the City of Orange denying Appeal No. 469 and upholding
the decision of the Planning Commission to deny DRC Appeal No. 5-
99 regarding a non-permitted roof replacement and modified front porch for an
existing residence
in Old
CITY COUNCIL MINUTES April 25, 2000
3. CONSENT CALENDAR (Continued)
Appeal No. 469, DRC Appeal No. 5-99, DRC No.
3434 Applicant! Appellant: Ron
Horton Note: Councilman Slater abstained from voting on this item due to his residence
being located within 300 feet of the subject
property.Discussion: Carole Walters, (address on file), commented that she hopes this matter
can be resolved without having to go to court. The City Attorney responded that the City'
s goal in a code enforcement action is to try to get compliance without
misdemeanor prosecutions. The City is successful 98% of the time in getting some resolution
before filing in
court.Note: Councilman Alvarez asked the Director of Community Development look at
the property at Chapman Avenue and Clark Street for compliance with the Old
Towne Design
Standards.MOTION - Alvarez
SECOND - Mayor Coontz AYES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Slater
Moved to
approve Resolution No. 9264.3.27
RESOLUTION NO. 9265 (A2100.0 AGR-3507)A
Resolution of the City Council of the City of Orange approving an Affordable Housing Agreement
by and between the Orange Redevelopment Agency and Orange Housing Development
Corporation regarding 320 South Hewes Street and 4431 East Marmon Avenue
and making certain findings.ACTION:
Approved the revised loan terms as set forth in Attachment 1 and adopt Resolution
No. 9265.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.9,
3.11, 3.22 and 3.26 were removed and heard separately. Councilman Alvarez abstained on Item
No. 3.12 and Councilman Slater abstained on Item No. 3.26.The remainder of the
Consent Calendar was approved as recommended.END OF CONSENT CALENDAR
PAGE 13
CITY COUNCIL MINUTES April 25, 2000
4.REPORTS FROM MAYOR COONTZ Tape 2000
Traffic Safety in the City of Orange
Mayor Coontz gave the following report: I have been concerned about traffic safety in the City
of Orange. I spoke to this issue on February 8th of this year and asked the City Manager to direct
staff, Traffic Engineering, and the Police Department to conduct a comprehensive review of
pedestrian safety throughout the City, with an emphasis on higher pedestrian activity, and bring a
report back to the City Council in 60 days. The City had two more pedestrian injuries this past
weekend. We need to recognize the increase in vehicle speed and the fact that people are not
obeying the traffic control systems. Additionally, we should send our comments to the State
legislature supporting two new bills regarding the 85th percentile, which we have discovered
raises the speed in our City and other cities every year.
The Director of Public Works explained the Pedestrian Safety Study is underway as ajoint effort
between the Police Department and Traffic Engineering Division of the Public Works
Department and will be presented within the next few weeks. Pedestrian accidents are being
looked at closely to determine locations, patterns of behavior, time of day, and other elements
involved. Many times it is not the vehicles that are at fault but the pedestrian who fails to
observe proper safety procedures. Education is going to be the most significant part. A lot of
what is happening should not happen, as all of the appropriate devices are in place. The three E's
of traffic safety are: Engineering, Enforcement, and Education. The City has good control over
the engineering and enforcement, but a broader effort is needed in the education area. A bill is
currently going through the legislative process that would allow more factors to be considered in
establishing speed limits. Right now, the 85th percentile is the dominant factor under State law.
Another bill would make all speed limits absolute. Any tools the City can get through the
legislative process would be extremely helpful in dealing with some of these issues. The whole
structure of traffic safety and enforcement is based upon the presumption that the majority of
people will behave in a reasonable manner the majority of the time, taking due regard for their
safety and the safety of others. There seems to be a deterioration of that over the last 15 or 20
years. As a result of the Pedestrian Safety Study, a report will come back in the next few weeks
in hopes to identifY some elements that can be worked on to raise the level of pedestrian safety in
the City.
Mayor pro tern Spurgeon commented that pedestrian accidents which occur on major
thoroughfares (mostly adults) and those that occur on residential streets (primarily children) are
separate problems. Pedestrian safety issues in residential areas may require more enforcement
and engineering, while major thoroughfares may require more education.
Carole Walters, commented that fast traveling emergency vehicles should have their lights on.
PAGE 14
CITY COUNCIL MINUTES April 25, 2000
5.REPORTS FROM COUNCILMEMBERS Tape 2400
NON-AGENDA
ITEM Councilman Alvarez asked when the report he had requested earlier on the City's
participation on the Orange County Regional Airport Authority (OCRAA) can be expected? He noted that
the County's Chief Executive Officer J an Mittermeier has stopped all funding of efforts to pursue
the El Toro
Airport.Mayor Coontz commented the County Board of Supervisors has a meeting scheduled to
discuss the future of the airport. Last week people in Orange received an elaborate mailer from the
City ofIrvine, using taxpayer's money, to attend a meeting in the City of Orange announcing a "
Great Park Plan" which is a plan for a park at EI Toro to serve the South County cities. The
proponents are expecting the citizens of Orange to pay for this park through taxation. The City of
Orange has not raised taxes in years. Also, it is untimely to address the issue of whether the City
should continue its membership in OCRAA until decisions have been made by the Board
of
Supervisors.Councilman Slater commented that at the March 28, 2000 Council meeting, when this issue
was discussed, he indicated that at the next OCRAA meeting there would be discussion about
the possible redirection of OCRAA. Those discussions are still ongoing. Subcommittees have
been set up, but nothing new has developed. The OCRAA meetings are held on the
second Wednesday of each month and Councilmembers are welcome to attend, noting that
Mayor Coontz serves as alternate member to OCRAA. Councilman Slater indicated that he is
opposed to leaving OCRAA. The City of Tustin is the only city that has left OCRAA on a 3-
2 vote.The City Manager stated that Council's direction was to wait for OCRAA to
reestablish its direction. That information is first needed in order to complete a matrix and bring a
report back
to Council.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
Tape 2567 6.1 Investment Oversight Committee Quarterly Report for the
quarters ending December 31,1999 and March 31, 2000. (ORI800.0.
27.16)The City Treasurer presented
the report.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to receive and file the report.PAGE
15
CITY COUNCIL MINUTES April 25, 2000
7.ADMINISTRATIVE REPORTS Tape 2680
7.1 Report from the Personnel Director regarding the PERS 2% @ 55 retirement
program for the City's full time and benefited part-time non-safety employees. (
A2100.0
AGR-0281.I2)The Personnel Director
presented the report.
RESOLUTION NO. 9249 A Resolution of Intention to approve an amendment to the contract between
the Board of Administration of the California Public Employees' Retirement System and the
City Council of the City of Orange to provide 0% employee cost sharing for the 2% @ 55
retirement program for the City's full time and benefited
part-time non-
safety employees.MOTION -
Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to adopt Resolution
No. 9249.ORDINANCE
NO. 8-00 An Ordinance of the City Council of the City of Orange amending the
contract between the Board of Administration of the California Public Employees' Retirement System and
the City of Orange to provide 0% Employee Cost Sharing for the 2% @ 55 Retirement
Program for the City's Full Time and Benefited
Part-Time Non-
Safety Employees.MOTION -
Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 8-00 be read by title only and same was set for second
reading by
the preceding vote.7.2 Report from the City Attorney on the First Amendment to
Agreement with City Manager. (A2100.0 AGR-2501.
B.I) Tape 2832 The City Attorney reported that the City Manager's current contract which
expires on May 12,2001 requires the City Council to meet prior to May 12, 2000 to
consider the terms and compensation of the contract. The proposed amendment to the contract
extends the contract term to May 12, 2003 and provides the City Manager a raise of 5.5% - 3.5% would
be retroactive to March 1,2000 with an additional 2% increase effective
May 12,
CITY COUNCIL MINUTES April 25, 2000
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the First Amendment to Agreement with City Manager and authorize the Mayor and City
Clerk to execute same.8. REPORTS FROM
CITY MANAGER - None 9.LEGAL AFFAIRS Tape
2880 9.1 ORDINANCE NO.
7-00 (A2500.0 Parks, Commission)An Ordinance of
the City Council of the City of Orange repealing Chapter 2.60 of the Orange Municipal Code and
adding new Chapter 2.60 to the Orange Municipal Code relating to the Park Planning and Development
Commission.MOTION - Mayor Coontz
SECOND - Slater AYES -Murphy,
Slater, Mayor Coontz,
Alvarez NOES -Spurgeon Moved that Ordinance
No. 7-
00 be read by title only and same approved and adopted by the preceding vote.9.2
ORDINANCE NO.
9-00 (A2500.0 City Council Agenda)An Ordinance of
the City Council of the City of Orange amending Section 2.04.030 of the Orange Municipal Code
relating to the agenda for City Council meetings.MOTION - Murphy SECOND -
Slater AYES -Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 9-
00 be read by title only and same approved and adopted by the preceding vote.10. RECESS
TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 17
CITY COUNCIL MINUTES April 25, 2000
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 6: 15 p.m. for the following purposes:
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - potential litigation:
Park Fee Study.a.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: Vista
Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No.78 02
84. (This item was not discussed)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 PRESENTATION Songs
were
presented by The Estudiantina, 21 female singers visiting from Queretaro, Mexico,Sister City
to the City of Orange. Bobbie Druilhet, Orange Sister City Association Coordinator,commented that
the City of Orange has been a Sister City to Queretaro, Mexico since 1973. The Estudiantina will
also be performing at The Woman's Club of Orange on Saturday, April 29th.12.PUBLIC
COMMENTS Tape 3782 Carole Walters, (
address on file), requested Council consider the intersection of Walnut Avenue and Tustin
Street when addressing pedestrian safety.In response
to Mayor Coontz, the Director of Public Works explained that two traffic engineering staff
work on a full-time basis, including after hours, in field operations in connection
with the freeway project. They are heavily involved in the detouring and signing,particularly
with respect to safety issues on local streets. Anytime there is a major change, i.e.,bridge
closure, ramp closure, etc., there is a significant dislocation of traffic. It takes approximately
10 days to two weeks for things to settle into a normal pattern for that phase of construction.
The City is continuously trying to make conditions safer and make traffic move more
smoothly. The City will look into the suggestion made by Ms. Walters.13.
PUBLIC HEARINGS Tape 3933 13.
1 PARK FEE STUDY, CITY OF ORANGE Time
set for a public hearing on petition by the City of Orange to consider adoption of a Quimby Ordinance
that reflects the requirements for the dedication of land, payment of an in-lieu fee
thereof, or a combination of both, for park and recreational purposes as recommended in the
PAGE 18
CITY COUNCIL MINUTES April 25, 2000
13. PUBLIC HEARINGS (Continued)
recently approved Master Plan for Park Facilities, Recreation and Community Services. The
significance of adopting a Quimby Ordinance is to give the City the ability to acquire necessary
parkland and to accommodate the recreational needs for the community as new residential
subdivisions are developed. The adoption of a Quimby Ordinance is needed to grant the City the
ability to satisfy the need of acquiring parkland as identified in the Parks Master Plan. Failure to
adopt the Ordinance will require the City to continuously fund portions of parkland acquisition,
development, and rehabilitation projects from the General Fund. In comparing the proposed in-
lieu fees with other Orange County cities, the City's in-lieu fees are at the
median.The City Attorney indicated that the City received two letters from the Building
Industry Association (BlA) after the posting of the agenda. The BIA raised some questions about
the proposed Park Fee Study and Ordinance. After meeting with Council in Closed Session on
the BlA's concerns, Council desires staff to meet with the BIA and continue this matter until
May 23,
2000.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to continue the public hearing to May 23, 2000.13.
2 LEASE OF THE REDEVELOPMENT AGENCY OWNED SANTA FE DEPOT PROPERTY
TO ORANGE CASK, INC. (RA2100.0 AGR-3502) Tape 3972
Time set for a joint public hearing with the Board of Directors of the Orange Redevelopment
Agency to consider approval of a lease of the Agency owned Santa Fe Depot property in the
Southwest Redevelopment Project Area to Orange Cask, Inc. A California Corporation (Tenant).
The Tenant proposes to lease from the Redevelopment Agency approximately 4,832 square feet
within a building owned by the Redevelopment Agency for a period often (10) years subject to
two (2) five-year renewal option terms and to operate a restaurant under the name of "Cask '
N'Cleaver Steakhouse" pursuant to the provisions contained in that certain Lease Agreement.
The property is located at 186 North Atchison Street in the Southwest Redevelopment Project
Area.NOTE: This project is categorically exempt from the California Environmental Quality
Act CEQA) pursuant to Section 15301 of the State CEQA
Guidelines.The Director of Economic Development presented the
report.Councilman Alvarez asked what the legal remedies are in terms of collecting unpaid rent
and accrued interest from J. R. Guerin Brewing Company? The Director of Economic
Development explained that collecting unpaid rent and accrued interest should not be an issue, as the
new tenant was found quickly and was willing to step in and assume the
obligations.Mayor Coontz commented that Cask 'N Cleaver was remembered from years ago on
Tustin Street years ago and welcomed them back to the
City.PAGE
CITY COUNCIL MINUTES April 25, 2000
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9250
A Resolution of the City Council of the City of Orange approving the lease of the Santa Fe
Depot property in the Southwest Redevelopment Project area to Orange Cask, Inc. and making
certain findings with respect thereto.
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt
Resolution No. 9250.Council convened to
Orange Redevelopment Agency Agenda, Item No. 11.1.13.3 PRE-
ZONE CHANGE NO. 1202-99, CONDITIONAL USE PERMIT NO. 2306-99,
VARIANCE NO. 2078-99, NORTH ORANGE CHRISTIAN CHURCH (ZI500.0
ZCG-1202-99)
Tape 4134 Time set for a public hearing on petition by the North Orange Christian Church to
consider Pre-Zone Change 1202-99 to allow a pre-zone change from a County
designation to a residential duplex zone (R-2-6); Conditional Use Permit No. 2306-99
to allow the expansion of an existing church facility and Variance No. 2078-99
to allow tandem parking spaces
upon property located at 1001 E. Lincoln Avenue.The Planning Manager reported the sitecontains
three parcels which total approximately 2 Y:z acres. A small portion of the site is currently
located within the County's jurisdiction and will require annexation to the City. The
applicant's have already initiated the annexation process.The site currently contains a small historic church
chapel, a 3,600 square foot two-story structure which houses classrooms and
administrative offices, and five mobile trailers used as temporary classrooms. The church is proposing to construct
a new 6,000 square foot sanctuary which will contain four classrooms, a children's nursery,
and a new two-story building that will contain ten classrooms. Other proposed
improvements include expanded parking areas and a children's play area, as well as
landscaping of a contemplation garden. The expansion plans and improvements are proposed to occur in two phases. Phase
I includes the annexation of the small parcel to the City, removal of
three modular classrooms, construction of the new sanctuary building, and additional parking to bring the total
parking spaces available to 160, of which 22 would be tandem spaces. Phase
II includes the removal of the remaining modular classrooms, construction of a new two-story
ten classroom facility, and improvements to the play area and contemplation garden. Two access driveways are
provided on Lincoln Avenue in Phase I, with a
third access
CITY COUNCIL MINUTES April 25, 2000
13. PUBLIC HEARINGS (Continued)
The applicants have worked diligently with staff to revise their plans to address staffs concerns
with traffic access and parking. A traffic study was prepared which demonstrated that adequate
vehicular capacity access and turning movements are provided. A number of conditions have
been agreed to by the applicants to ensure that the parking needs can be accommodated on-
site and adequate site distance is provided at all of the street and driveway intersections.
The Planning Commission held two public hearings to consider this item. At the first hearing,
Mr.Perez raised concerns with the projects potential impact to the alley which separates the
church site from his property. Mr. Perez wanted assurance that the alley would be cleaned up after
a church event and that the church would not be taking access from the alley. The
Planning Commission had concerns with the tandem parking spaces, without a method established
to effectively manage the use of the spaces. At the second hearing, the church agreed to a
number of new or revised conditions addressing these concerns. The church does not take access
from the alley. One condition imposed provides for a Parking Management Plan to insure that
parking does not become a problem. Another condition requires that the church clean up Orange
Avenue and the alley after special events are held at the church. A total of 22 conditions
address operational aspects of the use and the phasing of the development to insure that the
expansion plans will meet the needs of the church and will not negatively impact the
community.In response to Councihnan Alvarez, the Planning Manager explained that one of the
conditions of approval insures that not all of the facilities can be used simultaneously, which meets
the parking requirements. The tandem spaces have an existing variance granted by the County
to provide additional parking on-site beyond what is required by Code. The
Parking Management Plan provides for monitors that will direct traffic through the spaces and insure that
the tandem spaces would be used by church personnel, and not conflict with
ongoing members.MAYOR COONTZ OPENED THE
PUBLIC HEARING.Speaking
in Favor:Chris Gillette, 2646 N. River Trail Road, Pastor representing North Orange
Christian Church Terry Jacobson, 3111 Second Avenue, Suite 3, Corona Del Mar, architect and master
planner for North Orange
Christian Church Speaking
in Opposition:Josh Perez, 8651 N.
Orange Avenue Daniel Martinca, 8641
Orange Avenue Concern were expressed with traffic, parking on Orange and Lincoln Avenues, and the
line
of sight.MAYOR COONTZ CLOSED THE
PUBLIC HEARING.
CITY COUNCIL MINUTES April 25, 2000
13. PUBLIC HEARINGS (Continued)
Council Comments:
Mayor pro tern Spurgeon asked if the church attendees will continue to park on Lincoln Avenue.
Pastor Gillette indicated that he was unaware that parking on Lincoln Avenue was creating a
view or safety problem, but that he would be willing to address this if it is a concern.
Mayor Coontz asked what the Parking Management Plan entails. Pastor Gillette explained the
Parking Management Plan is handled by the deacon ministry. Currently the tandem spaces are
used by people who are at the church first and leaving last, i.e., staff, deacons, and choir
members. The parking needs for each event are looked at on a day-to-day basis.
Pastor Gillette noted that parking goes very smoothly on Sunday mornings. The church does not have
a Parking Management Plan that shows flow of traffic, etc. for the new facility. It is difficult to
know what the needs are going to be and what the dynamics ofthe services and traffic will be until it
is built.In response to concerns raised, Terry Jacobson noted the church has been sensitive
to the concerns of the uphill neighbors. The church property is lower than the adjacent
properties and within the required height limit. The roof plane was designed to quickly descend so that
the roof lowers quickly to allow the adjoining property to see over and around
the building.Councilman Alvarez asked in the driveways will be used for right and left turns out
of the property. Terry Jacobson responded that it was the Traffic Engineer's recommendation
that right and left turns would be safe movements to exit out of both driveways, as the direction
of the curve of Lincoln Avenue in that area allows a very good line
of sight.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to approve Mitigated Negative Declaration No. 1615-99.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Pre-Zone Change No. 1202-99 as outlined III Planning Commission Resolution
No. PC-17-
00.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve Conditional Use Permit No. 2306-99 as outlined in Planning Commission Resolution
PC-18-
00.PAGE
CITY COUNCIL MINUTES April 25, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Variance No. 2078-99 as outlined in Planning Commission Resolution No.PC-19-
00.
14. PLANNING AND ENVIRONMENT - None 15.
ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 8:05 p.m. to an Adjourned Regular Meeting to be held on Tuesday, May 2, 2000
at 5:00 p.m. in the Weimer Room to discuss Budget Revenues and Expenditures.CLAf.4<AI?
A.~/~-
CA<'MT CASSANDRAJ. HCART, CMC
CITY CLERK l JOANNE
COONTZ MAYOR
PAGE
23