HomeMy WebLinkAbout5_9_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 23, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 9,2000
The City Council of the City of Orange, California convened on May 9, 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
Father Jim Ries, St. Norberts Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 71 A proclamation
was presented to Olga & Gloria Salce, Orange High School Marine Corps Junior
ROTC cadets for their heroic life-saving of a fellow cadet. Also present was
Lieutenant Colonel Joe Ruthenberg, USMC Ret., Senior Marine Instructor.The
City Manager's Office and Finance Department were recognized for the City receiving
the Government Finance Officer's Association Distinguished Budget Presentation
Award.The
City of Orange Police Association will be hosting a bone marrow drive on behalf of Lieutenant
John Whiteley at the Orange Police Department on Tuesday, May 23, 2000 from
8:00 a.m. to 1:00 p.m. Steve Booze, President of the City of Orange Police Association (
COP A), presented a video of a press conference held at Parker Center in Los Angeles
announcing the multi-agency bone marrow drive. The Orange Police
Department was represented by Police Chief Andy Romero and his management staff.
Mayor Coontz announced that cities and counties are finding that the arts provide
economic, social, and educational dividends. Upcoming cultural events and events that
were celebrated in the past few weeks include:
Gogh Van Orange, a colorful display of school children's works of art at the Mall of
Orange.
PAGE 1
CITY COUNCIL MINUTES May 9, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Paint the Town" brought out about 100 artists to set up their easels outside and paint
the City's historical sites. About $2,000 in prize money was awarded to the seven
best artists at Sunday's show at the Depot Park.
An entertaining musical presentation by the Orange Community Chorus took place
Friday night, performing "Gilbert & Sullivan."
The Orange County Youth Symphony Orchestra celebrated their 30th anniversary
concert Sunday at Chapman University, honoring their conductor of 29 years,
Professor John Koshak.
American Association of the University of Washington (AAUW) Dana Sharp
Memorial Music Fund Celebration Tea was also held on Sunday, successfully raising
money and used musical instruments for the Orange High School music program.
Coming up on May 11 th from 6:00 - 9:00 p.m. will be a cultural event called "Art Walk
Orange 2000." The public was invited to browse through Old Towne and visit the
art galleries.On
Saturday, May 13th, from 10:00 a.m. to 2:00 p.m. is Fire Service Day at the Fire Department
Headquarters, 176 S. Grand St. There will be demonstrations of fire and rescue
tactics, children's games, and Pitcher Park tours.On
Saturday, May 20th, the Police Department will hold an open house from 9;00 a.m.to
1 :00 p.m. at the main police facility on Batavia Street. Tours of the facility will be available.
Councilman
Alvarez announced that he has been asked to host a town hall meeting later this
month, set up by a parent organization whose goal is to give the entire community an opportunity
to have an open discussion regarding what is happening with OUSD and its teachers.
2.
PUBLIC COMMENTS Tape 839 Carole
Walters, (address on file), commented on the importance of participating in the bone
marrow drive. Ms. Walters asked for support of the Orange Emblem Club's June Christmas
for CHOC.Mara
Brandman, 7319 Equitation Way, commented that her coin purse was taken from her
vehicle when it was valet parked at The Block. Ms. Brandman expressed concern with
the treatment she received from The Block management relative to this incident.PAGE
2
CITY COUNCIL MINUTES May 9, 2000
3.CONSENT CALENDAR Tape 1013
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 9, 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 20 and 27,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, April
18,2000, and Regular Meeting, April 25,
2000.Note: Mayor pro tern Spurgeon and Councilman Alvarez abstained on the
Adjourned Regular Meeting Minutes, April 18,
2000.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances and resolutions on
the
Agenda.ACTION:
Approved.
AGREEMENTS 3.5 C.O.P.S. Expo 2000 (A2100.0 AGR-
1372.L)SUMMARY: The Orange Police Department will be conducting the
annual Community Organizations and Public Services (C.O.P.S.) Expo at the Mall of Orange,
Saturday, June 3", 10:00 a.m. until 7:00 p.m. and Sunday, June 4th, 11:00 a.m. until 6:00 p.m.
As with last year's event, we anticipate over 50 agency/non-profit
organization participants both inside and outside the Mall area, along with various center
stage activities, including Welcoming Ceremonies on Saturday, June 3"' at
12:00 noon.ACTION: Authorized the Mayor and City Clerk to execute the 2000 C.O.
P.S. Expo agreement on behalf
of the City.
FISCAL IMPACT:
CITY COUNCIL MINUTES May 9, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Approval of plans and specifications and advertising for bids for Traffic Signal
Modifications/Installation at four locations and striping modification at one location
Bid No. 990-40). (S4000.S.3.
3)SUMMARY: Plans and specifications have been completed for traffic
signal modification/installation and striping changes at the following
locations:Installation of new traffic signal at Lincoln Ave./Canal
St.Modification of existing traffic signal at Orange-Olive Rd./
Lincoln Ave.Modification of existing traffic signal atTaft Ave./
Glassell St.Modification of existing traffic signal at Katella Ave./
Handy St.Modification to existing stripingChapman Ave./Chandler
Ranch Rd.ACTION: Approved the plans and specifications and authorized advertising of
Bid
No.990-40.FISCAL IMP ACT: Funds for these projects are available in
the following accounts:Fund Account No. Project
Name Available Funds Gas Tax 272-5032-483300-3406
Chapman/Chandler Ranch $ 15,000.00 TSIP B
284-5032-483100-6059Lincoln/Canal 105,000.
00 TSIP B 284-5032-483100-
6146 Orange-Olive/Lincoln 55,000.00 Developer
550-5032-483100-3031
KatellalHandy 45,000.
00 TSIP B 284-5032-485100-6122 Taft/Glassell 38.000.00 Total $258,000.
00 CLAIMS (
C3200.0)3.
7 The City
Attorney recommends that the Orange City Council deny the following claim for
damages:a.
CITY COUNCIL MINUTES May 9, 2000
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.8 Award of Contract to RD Systems, Inc. - Expansion of Police Facility Card Access System (
Bid No. 990-27). (A2100.0 AGR-
3508)SUMMARY: The Police Department utilizes a security card system to restrict access
to vital records and critical access areas. Six additional areas have been identified that
need security
controls.ACTION: 1) Appropriated $53,577.50 to Account No. 353-
4011-471301-2229 (Federal Police Grants - Police Administration - Furniture, Machinery,
Equipment Additions);and 2) authorized the Mayor and the City Clerk to execute the contract
between RD Systems, Inc. and the City of Orange for the Expansion of Police Facility
Card Access System in the amount of$53,577.50 (
Option 2).FISCAL IMPACT: Umeserved fund balance is available in the 98
Local Law Enforcement Block Grant (LLEBG) Fund to fund
this appropriation.RATIFICATION OF DECLARATION
OF EMERGENCY 3.9 Review the existence of a local emergency as declared on April 1, 1999 (
Vista
Royale Tract).
ACTION: Approved.3.10 Review the need to continue the installation of a methane gas control
system at Yorba Park in response to an emergency. (C2500.M.
4.I)
ACTION:
Approved.RESOLUTIONS 3.11 RESOLUTION NO. 9260 (S4000.
S.4)A Resolution of the City Council of the City of Orange summarily vacating a
portion of Bonita Court, west of Sierra Vista Drive and North of
Serrano Avenue.
ACTION: Approved.
CITY COUNCIL MINUTES May 9, 2000
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.12 Suspension of Permit Parking restrictions within Area A. (S4000.S.3.1.2)
SUMMARY: Orange High School held their annual Open House and District wide
Music Program at their campus on Wednesday, May 3, 2000. Due to anticipated
attendance it was necessary to park in the surrounding residential neighborhood which
restricts on-street parking except by permit. However, since the request to
suspend permit parking was not submitted by Orange High School until April 25, 2000,
request was granted administratively by the City Manager and is being presented to the
City Council for ratification ofthe City Manager's
approval.ACTION: Ratified the City Manager's decision to grant the request of Orange
High School which suspended the permit parking restrictions (Area A) on Wednesday, May
3,2000 for their annual Open House and District wide Music
Program.FISCAL IMPACT:
None.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Mayor pro
tem Spurgeon and Councilman Alvarez abstained on Item No. 3.3 (April18,2000 Minutes).
The remainder ofthe Consent Calendar was approved as recommended.END OF
CONSENT CALENDAR 4.REPORTS
FROM MAYOR COONTZ Tape 1047 4.1
Request to formally establish a "Veterans Memorial Committee" and appoint committee members. (
ORI800.0.1O.3)MayorCoontz
reported at the April 11, 2000 City Council meeting the project and an appropriation for
a Veterans Memorial at Depot Park was approved. Over the last year, she has worked with
members of the local American Legion and Veterans of Foreign Wars to help shape the concept
of the Veterans Memorial. These groups have expressed a deep appreciation to the entire City
Council for supporting this project. Included in the City's rich history is the important role
played by the men and women who served in the armed forces. The City of Orange is
home to many families whose members served proudly and kept our country free and safe. The
planned Depot Park location, the oldest park in Orange County, is of special significance to
many a soldier and their families as they recall tearful good-byes and joyous PAGE
6
CITY COUNCIL MINUTES May 9, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
reunions. For these reasons, the Mayor has been very supportive of building a memorial to honor
all those who have served and are serving our country. Although the Veteran groups are
appreciative of Council funding for the project, they are committed to raising the funds to pay for
the Veterans Memorial.
The Veterans Memorial Committee would be an ad hoc committee whose sole purpose is to raise
both awareness and funds for the Orange Veterans Memorial. Members of the committee would
also playa role in planning the program for November 11, 2000 (Veterans Day). The committee
will sunset after their duties are completed, with terms to expire no later than December 31,
2000. Representing the local Veteran Organization of Orange will be two representatives from
the American Legion Post and two representatives from the Veterans of Foreign Wars.
John Whiteriver, 194 S. Pixley Street, Chair of the Veterans Memorial, expressed support for the
Committee appointments.
MOTION - Mayor Coontz SECOND -
Murphy A YES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the Veterans Memorial Committee and appoint the following members:Joanne Coontz,
Chair, Gaddi Vasquez, Mike Learakos, Tom Coad and Lt. CoI. Joe Ruthenberg.5. REPORTS
FROM COUNCILMEMBERS - None 6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS Tape 1180 6.1 Appoint
Tom Gilmer, Mike Hairston, Jack Selman, Lisa Blanc, and David Riley to the newly created
Parks, Planning and Development Commission. (ORI800.0.10)Mayor Coontz reported
several outstanding applications were received for the Parks, Planning and Development Commission.
At Council's request, the Community and Library Services Director conducted the
review using specific criteria and submitted a list of recommendations for consideration.The ordinance
stipulates
that members will initially draw for three 3-year terms and two 2-year terms,
which will occur at the first meeting of the Parks, Planning and Development Commission.
There are additional capable individuals who could be chosen to fulfill future terms.
Mayor
pro tem Spurgeon commented that he did not vote to support this commission for other reasons.
He will be supporting the appointments as he believes that once the decision has been made,
Council has an obligation to support.PAGE
7
CITY COUNCIL MINUTES May 9, 2000
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Councilman Alvarez asked if the commission will be under the Brown Act? Will the
commission be working with Community Services staff? Mayor Coontz confirmed the
commission will need to meet Brown Act requirements. In addition to working with staff, the
commission will be directing community participation as they go through the park planning
process.
Carole Walters, (address on file), commented on the recommended appointments.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the appointments.6.2 Accept
letter of resignation of Ardelle Courtney from the Santiago Library System Lay Advisory Board
and instruct the City Clerk to begin Maddy Act requirements.ORI800.0.3.
21) Tape 1288 MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to accept the resignation with
regrets, and send Ms. Courtney a letter of appreciation.7.ADMINISTRATIVE REPORTS Tape 1308 7.
1 Report from the Director
of Public Works on the contract to Peek/Signal Maintenance, Inc. (SMI) in the amount
of $121,525.00 to provide traffic signal maintenance services citywide. (A2100.0 AGR-0332.
D)FISCAL IMPACT: This contract will
be paid from Contractual Services Account No. 100-5032-427100-0000.The Director
of
Public Works reported the City recently went to bid on this contract as the current contractor indicated
they would not exercise their option to renew at the current price for routine maintenance of
traffic signals and the hourly rate for extraordinary maintenance. There were only two
bidders on the project. The successful bidder was the City's current contractor at a significantly increased
amount, approximately 70% for routine maintenance and 36 Y:z% for thehourly maintenance rate.
An appropriation is being requested as there are not sufficient funds in the budget to
fund the full twelve month contract. The full amount of the contract must be funded in order
to award the contract. An analysis will be performed to determine whether it would be economical
to perform this service in-house.PAGE 8
CITY COUNCIL MINUTES May 9, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz expressed the importance of surveying the blank-faced signs and faded
south-facing signs throughout the City. She noted several are located on Cambridge, north of
Katella.The Director of Public Works responded that the problem with south and southwest facing
signs is that they get the late afternoon sun and fade more rapidly than other signs. The City is
moving towards replacing some of the signs. However, it will take a while, as several thousand of
the signs were installed 7 to 8 years ago, which is their approximate useful
life.MOTION - Alvarez
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to appropriate $121,525.00 from the General Fund into Account No.100-5032-
427100 Contractual Services) and authorize the Mayor and City Clerk to execute a contract
with Peek/SMI in an annual amount not to exceed $121,525.
00 8. REPORTS FROM CITY MANAGER - None.
9.LEGAL AFFAIRS Tape 1528
9.1 ORDINANCE NO. 10-00 (A2500.0 Streets,
Closure)An Ordinance of the City Council of the City of Orange amending Section 12.58.015 of
the Orange Municipal Code relating to street closures for special
events.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 10-00 be read by title only and same was set for second reading by the
preceding vote.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The
City Council recessed at 5:25 p.m. to a Closed Session for the following purposes: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.780284 b.
Conference
with Legal Counsel pursuant to Government Code Section 54956.9 - anticipated litigation: One potential
case: Quimby Park Fees PAGE 9
CITY COUNCIL MINUTES May 9, 2000
11. RECESS TO CLOSED SESSION (Continued)
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
12.PUBLIC COMMENTS Tape 1628
Joan Bennett, 340 Y:z S. Olive, thanked the Council for their help with the "Paint the Towne"
project.
Carole Walters, (address on file), distributed packets of seeds from her parkway tree and
expressed concern that someone could slip and fall on the sidewalk. The Director of Public
Works will investigate.
13.PUBLIC HEARINGS Tape 1840
13.1 APPEAL NO. 475, NEGATIVE DECLARATION 1631-00,
APPELLANTS:JEFFREY AND DEBRA MILLER (A4000.0
APP-475)Time set for a public hearing to consider Appeal No. 475 by Jeffrey and Debra
Miller concerning the Planning Commission's approval of Negative Declaration 1631-00 to allow
demolition of an existing 9,000 square foot non-contributing building formerly occupied by
Bank of America and replace with a public parking lot. Negative Declaration No. 1631-
00 was prepared to evaluate the
environmental impacts of this project.NOTE: A letter was received from the appellants on May
4, 2000
requesting withdrawal of their appeal.APPELLANTS STATE THE
FOLLOWING REASONS FOR THE APPEAL:Citizen safety compromised - closing Chapman driveway to parking lot
leaving access only on Center. a) Emergency access compromised with only one
driveway. b) Personal security lessened with shrubs/trees replacing driveway by reducing visibility of
area to police passing primarily on Chapman. c) Right turn only could be enforced by
small dividers placed along current boundary of leftturn lane from e/b Chapman to nib Center.
Personal safety of citizens using parking area placed in jeopardy by leaving walkway open from poorly
lit lot on Grand where criminal could lie in wait
unseen and exit
easily."MOTION - Murphy
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to accept the appellant's request for withdraw ofthe
appeal.PAGE
CITY COUNCIL MINUTES May 9, 2000
13. PUBLIC HEARINGS (Continued)
13.2 ORDINANCE AMENDMENT NO. 2-00, CITY OF ORANGE (A2500.0
Zoning Ord) Tape
1982 Time set for a public hearing on petition by the City of Orange to consider an amendment to
the Orange Municipal Code (Title 17, Zoning Ordinance) to address a variety of minor
planning,land use and development standard amendments to resolve inconsistencies, propose
minor modifications, clarifY the intent of certain code sections and ensure consistency with new
State
Legislation.The Planning Manager reported that Ordinance Amendment No. 2-00 proposes
twelve changes which update the City's ordinance to be consistent with State law, clarifies some of
the existing language in the ordinance, and proposes important changes to existing development
standards. A correction was noted to Item No.8 of Planning Commission Resolution No. PC-
23-00 (page 4)regarding the maximum FAR's permitted by the General Plan Land
Use Element for commercial
and manufacturing zoning classifications.Referring to proposed amendment Item No.1, Councilman Slater asked what
the two major site plan reviews were that would have fallen under minor site plan
reviews with this ordinance change? The Planning Manager responded that two projects processed
last year which would have been processed as minor site plan reviews, rather than major site
plan reviews, were the Rite-Aid project on East Chapman Avenue and a project in an
industrial area where an outdoor storage area was moved into a
newly-constructed warehouse facility. Councilman Slater commented that he could not recall whether the Planning
Commission had made changes to the Rite-Aid project, which is very visible and prominent in
East Orange, but that he had no
objection to their review of the project.Mayor Coontz expressed concern with the proposed
change, noting that Ride-Aid was a difficult site. The street widening took a lot of the
property. The widening of Chapman and Main may continue to take its property. Can any
criteria be added to the amendment? The Planning Manager explained that the City would need to make
a finding that there is a potential significant environmental affect above and beyond
what is considered an exemption. This amendment was incorporated primarily because the State provides
a CEQA exemption for this kind of site.Mayor Coontz commented that
Item No.1 needs to be
further discussed.MAYOR COONTZ OPENED THE PUBLIC HEARING.Carole Walters, (address on
file), commented the
entire amendment should
be continued.MOTION - Slater SECOND - Alvarez AYES -
Murphy, Slater,
CITY COUNCIL MINUTES May 9, 2000
13. PUBLIC HEARINGS (Continued)
Moved to: Find that this project is categorically exempt from the provisions of the California
Environmental Quality Act, per State CEQA Guidelines, Section 15305; and 2) approve
Ordinance Amendment 2-00 as outlined in Planning Commission Resolution No. PC-
23-00, with the suggested changes to Item NO.8. The motion is to include Item Nos. 2-12,
with Item No.1 to be
continued for more information.14. PLANNING
AND ENVIRONMENT -
None 15. ADJOURNMENT The City Council adjourned at 7:30 p.m. to an Adjourned Regular Meeting to
be held on Tuesday, May 23, 2000 at 3:30 p.m. in Conference Room C to discuss the
Santiago
Hills
II Project.C4./"A<A2Vril~.
r.A AT CASSANDRA
1. ATHCART,
CMC
CITY
CLERK I 1/' //)
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7f/:: /JOANNE
COONTZ /MAYOR