HomeMy WebLinkAbout9_12_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 26, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 12, 2000
The City Council of the City of Orange, California convened on September 12, 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
Given by Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (C25500.N)The Council
recognized Teen Volunteers who assisted the Orange Public Library in this year's
Summer Reading Club, "Library Kids Lead the Way."Mayor Coontz
announced:Council will
adjourn in memory of Barbara Bozman, Secretary, Police Department The
Street
Fair held over the Labor Day Weekend attracted approximately 800,000
people this year, and was the best Street Fair yet.A Joint
Use Soccer Field between Santiago Canyon College and the City of Orange was
dedicated on August 25th. The proclamation originally scheduled to be presented
to Dr. Mark Rocha, President of Santiago Canyon College will be presented at
a later date when the agreement between the City and Santiago Canyon College
is prepared.2. PUBLIC
COMMENTS Steve Ambriz,
118 S. Woodlawn, who proposed marriage to his girlfriend on the center stage at the Street
Fair, publicly thanked the Mayor and the City Council, Street Fair President Judy Sollee, Council
Secretary Diane Hornsby and the news media for their part in helping him with the surprise.
He introduced his fiancee Bridget Gardner.PAGE 1
CITY COUNCIL MINUTES
September 12, :2000
3. PUBLIC COMMENTS (Continued)
Mr. Jim Cline, 2603 Riding Way, submitted a list of concerns regarding the construction atLutheranHighSchoolindicatingtheydonotseemtobeadheringtotheconditionsoftheirConditionalUsePermit. His concerns included the security gates not closing in the evening,school staff not providing traffic control during peak hours of school traffic, the neighbors notbeingnotifiedofschoolspecialeventsandconstructionoccurringatnight. The City ManagerwasinstructedtoworkwithMr. Cline in resolving these issues and provide Council with a copyofthelistofconcerns.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motionapprovingtherecommendedactionlistedontheAgenda. Any member of the CityCouncil, staff or the public may request an item be removed from the Consent Calendarfordiscussionorseparateaction. Unless otherwise specified in the request to remove ~mitemfromtheConsentCalendar, all items removed shall be considered immediatelyfollowingactionontheremainingitemsontheConsentCalendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City CouncilagendaofaregularmeetingofSeptember12, 2000 at Orange Civic Center, MainLibraryat101N. Center Street, Police facility at 1107 North Batavia, theEisenhowerParkBulletinBoard, and summarized on Time-Warner Communications, all of said locations being in the City of Orange andfreelyaccessibletomembersofthepublicatleast72hoursbefore commencement ofsaidregular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention asapublicrecordintheOfficeoftheCity
Clerk.3.2 Request Council Confirmation of warrant registers dated August 17, 24, 31,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, August 22,
2000.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS PAGE:2u_ ,.~__."_._____
CITY COUNCIL MINUTES September 12, 2000
3.5 Third Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart. This firm represents the City in litigation matters related to
landfill decomposition gas from Yorba Park. (AZlOO.O AGR-2886.IV.
3)SUMMARY: The City currently has an agreement with Woodruff, Spradlin & Smart
for an amount not to exceed $70,000 to provide legal services in connection with
matters related to the environmental condition ofYorba Park. The City Attorney is
requesting that an additional $110,000 be appropriated for continued legal
services.ACTION: 1) Appropriated $110,000 from SelfInsurance Fund unreserved fund
balance to account 100-0301-426100; and 2) Approved and authorized the
Mayor and City Clerk to execute the Third Amendment to Attorney Services
Agreement with Woodruff,Spradlin & Smart on behalf of the City. NOTE: Mayor pro tem
Spurgeon abstained on this item due to
a business conflict.FISCAL IMP ACT: Funds to be appropriated from unreserved funds
to the Legal Services
Account No. 100-0301-
426100.REMOVED AND HEARD SEPARATELY)3.6 Agreement with Level 3 Communications
for the placement of telecommunications and telephone facilities in
City streets. (A2100.0 AGR-3601)SUMMARY: Level 3
Communications desires to place telephone and telecommunications facilities in City streets. Level3'
s project will simply traverse the City to connect points outside of the
City and will not provide telecommunications services to City residents or businesses. In exchange for
permitting Level 3 to place its facilities in City streets, Level 3 has agreed to bear
the construction costs for placing a City-owned fiber optic line and pull boxes in
Tustin Street. The City will utilize this fiber optic line to interconnect traffic signals
on Tustin Street to enhance traffic control.Public Works estimates that the agreement
will save the City several hundred thousand dollars in construction costs as opposed to the City
installing the
fiber optic line as an independent project.Mayor Coontz asked for a more detailed explanation of
this item
and how it will affect City streets.The Assistant City Engineer reported this
is an example of a public-private partnership.Level 3 Communications wants to install fiber
optic lines through the City, but will not be providing telecommunication services
to City businesses or residents at this time.They originally proposed installing the
lines along Tustin Street, but have agreed to install them under the sidewalk instead of tearing
up the street, and will be boring the conduit which requires less
construction. Also, there will be no construction between Thanksgiving and New Years to interfere with
holiday traffic. Level 3 has also agreed to install extra conduit for a future traffic
signal interconnect system for the City, which will save several hundred thousand dollars
in trenching and other construction costs the City would
have incurred
CITY COUNCIL MINUTES
September 12, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz asked for clarity on the interconnect traffic signal system along TustinStreetandoncurrentfederalandstatelawsfortelecommunicationssystem.
The Assistant City Engineer explained the interconnect system will run along TustinStreettohelpcoordinatesignalsmovingtrafficmoreefficiently.
The City Attorney explained federal law does require cities to allow telecommunicationsproviderstousepublicstreetswithreasonabletermsandconditions. Current issues intheStatedealwithwhethercitescanchargerentalfeesfortheuseofstreets. Cable
operators can be charged a franchise fee which is the cable operators' payment for the useofpublicpropertytodeveloptheircableoperations. However, this issue is unclear fortelecommunicationproviders. Since it has not been decided at the State level, the CityandLevel3CommunicationshaveagreedtodisagreeonthisissueandenterintothiscooperativeagreementwhichisofsignificantfinancialbenefittotheCity.
Councilman Alvarez asked about the existing overhead lines along Tustin Street.The Assistant City Engineer explained they are trying to discourage additional overheadlinesandaretryingtokeepeverythingunderground.
Mr. Todd Rahimi, Level 3 Communications, 129 Overland Court, Lafayette, Colorado,explained they are constructing the largest fiber optic network in the world. Part of thatplanistohavethesystemundergroundwhichprovidesagreaterlevelofsecurityforboththeircompanyandtheircustomers; and most cities are trying to get facilities in thegroundasopposedtointheair. Their cabling can be used in the future for other
purposes and are willing to utilize their technology and knowledge to enable the City toimproveinfrastructure.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appropriate $
61,510 from unreserved fund balance to Account No. 550-5032-485100-2999 (Reimbursed Capital Projects Account); and approve the agreement with Level3CommunicationsandauthorizetheMayorandCityClerktoexecuteonbehalfoftheCity.FISCAL
IMPACT: The City will be reimbursed for these expenditures from County GrowthManagementArea (GMA) funds.APPROPRIATIONS
3.
7 Appropriation for Jeff Franzen, CPA. (A2100.0 AGR-2854.3)
SUMMARY: Jeff Franzen was initially retained in 1997 by the Police Department toassistinitsinvestigationofpossiblefraudbytheCity's former solid waste haulers
PAGE 4
CITY COUNCIL MINUTES September 12, 2000
3. CONSENT CALENDAR (Continued)
Orange Resource Recovery Systems (ORRS) and Orange Disposal Services (ODS). Mr.
Franzen is a CPA who has been performing the bulk of the forensic accounting work in
the District Attorney's ongoing criminal prosecution of Mr. JeffHambarian.
ACTION: Appropriated $80,000 to Account 220-4031-426700 (SanitationFund -
Police Detectives - Professional and Consultant Services).
FISCAL SUMMARY: Unreserved fund balance is available in the Sanitation Fund to
fund this appropriation. The City will seek reimbursement for these costs through
current legal actions.
BIDS
3.8 Final Contract Change Order; Bid No. 990-01; Project No. SP-3239A,
Phase IB,Tustin Street Rehabilitation from La Veta Avenue to
Fairhaven Street.A2100.
0 AGR-3309)SUMMARY: This Final Contract Change Order authorizes payment for
the increase in final as-built quantities at contract unit prices and unforeseen
extra work beyond the original scope of work. The total contract cost for thisproject
is $422,921.44.ACTION: Approved a Contract Change Order No.1 in theamount of $
21,704.44 to Sequel Contractors, Inc. for the additional quantities at contract
unit prices and extra
work at agreed price.FISCAL IMPACT: Funds are budgeted or are available in
the following account: 272-5011-483300-
4037 $21,704.44 (Gas
Tax)3.9 CLAIMS (C3200.0)The City Attorney recommends that theOrangeCityCouncildeny
the following Claim(
s) for damages:
a. Viquar Ahmed b.
Mark Richter c.
Video Equipment Rentals d. Gloria Young ACTION: Denied Claim(s) for damages and
referred
to City Attorney and Adjuster.RESOLUTIONS 3.10
RESOLUTION NO. 9327 (A4000.0 APP-477)A Resolution of the City Council of the City
of Orange overruling the decision of the Planning Commission and upholding Appeal
No. 477, denying a request to allow substantial on-siteimprovementsandadditionalburialfacilitiesatHolySepulcherCemetery
upon property
CITY COUNCIL MINUTES
September 12,2000
3. CONSENT CALENDAR (Continued)
Appeal No. 477, Conditional Use Permit 2311-
99 Applicant: Roman Catholic Bishop of Orange, Appellant: Mayor Joanne
Coontz ACTION:
Approved.3.11 RESOLUTION NO. 9330 (AZIOO.O
AGR-3501)A Resolution of the City Council of the City of Orange finally acceptingthecompletionofacertainpublicworkandimprovement; Bid No. 990-14; SP-3239E; Excel Paving Company; Street Rehabilitation Improvement for Glassell StreetfromMaple
Avenue to
Walnut Avenue.ACTION: Approved.3.12 RESOLUTION
NO. 9331 (C2500.K)A Resolution of the City Council of the City of Orange inmemoryofBarbaraBozmarl,Secretary, expressing appreciation for twenty-five yearsofloyalanddedicatedservice
to the
Orange Police
Department.ACTION: Approved.SPECIAL EVENTS 3.13 Request for the temporary closure of the municipal parking lot
at 170 S. Olive St.adjacent to the Senior Center) on Saturday, October 14, 2000, for a
special event..P2500.0.9)SUMMARY: Orange Elderly Services, Inc. is requestingthetemporaryclosureofthemunicipalparkinglotNo. F, on the east side of the blockadjacenttotheirbuilding, to hold their 2nd Annual "Casino Night" fund raising event. This year's event will be co-sponsored by both the Elderly Services and the Kiwanis ClubofOrange. The parking lot will be used to allow for both a band and food to beservedoutside, which provides for the casino activities to be conducted inside the seniorcenter. Attendance is
anticipated at
300 this year.
ACTION: Approved.FISCAL
IMPACT: None.MOTION -
Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarezu~_____~.___PAGE6
CITY COUNCIL MINUTES September 12, 2000
3. CONSENT CALENDAR (Continued)
Mayor pro tem Spurgeon abstained on Item 3.5. Item 3.6 was removed and heard
separately. The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR COONTZ
4.1 S.T.O.M.P. (Stop Tagging On My Property) - New Graffiti Program (C2500.K)The
Police Chief reported the S.T.O.M.P. Program is a new proactive program to deal with the graffitiproblem, and works in conjunction with existing programs. He complimented the Police GangUnitwhocreatedtheprogramconceptandlogo. The logo is a very clever idea and they hopetocopyrightit. He introduced members of the Police Gang Unit - Dave Jensen, Pat Thayer, ShawnTravis, Roger Belville and Mark Bailey.Pat Thayer
explained they developed the idea to effectively attack graffiti problems. The program encompasses
four areas - awareness, prevention, information and education; and works in conjunction withPublicWorkswhoareresponsibleforremovinggraffiti. They hope to improve communication withthecommunityandhaveestablisheda "tagger hotline" for identifying and turning
in taggers. Since launching the program, they have already arrested five taggers, one of
whom is probably the most notorious tagger in the City of Orange. They have received generous supportfrombothHomeDepot, who has provided paint and materials; and Sunny Smith Graphics, who has provided t-shirts.The City
Manager reported this would be a good opportunity for the media to inform the community of
this program; and they already have plans for articles in national magazines.The City
Attorney reported the City has a reward program for turning in taggers.4.2
Update on the Veterans Memorial Mayor Coontz
introduced the following members of the community who made presentations and donations receivedattherecentStreetFairtotheVeteransMemorialCommittee.Dick Meadows,
Orange Rotary Club, presented a check for $2,000.Ahmed Tabasi,
Kiwanis Club of Orange, presented a check for $1,000.Mike Learokos,
owner of Katella Grill, and member of the Veterans Memorial Committee,presented acheckfor $5,066.03. Lieutenant Colonel Joe Ruthenberg introduced student ROTC cadets whovolunteeredtohelpraisemoneyfortheMemorialattheStreetFair.John Whiteriver,
American Legion, presented a check for $1,975.22.PAGE 7
CITY COUNCIL MINUTES
September 12,2000
4 REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz explained the Veterans Memorial Committee is accepting donations for thememorialwhichwillbededicatedonVeteransDay, November 11, 2000. Donations can bemailedtotheCommitteeattheCivicCenteraddress.
5. REPORTS FROM COUNCILMEMBERS
Councilman Slater reminded Council he asked several months ago to schedule a Study Session todiscusstheSully-Miller site and how the Master Plan of Parks relates to that site. SinceanapplicationhasbeenreceivedbytheCity, he requested they move ahead with this StudySessionassoonas
possible.The City Manger reported he had received this past week important demographicinformationfromtheSchoolDistrict, which is a key component to this discussion. Staff will need afewweekstoanalyzethisinformation, after which he will report back to the Council with a date foraStudySession. It was reported the Orange Unified School District Board had also just receiv(:d the demographic information and also needed time to review the issues before moving
forward.In response to Council's question on the status of the application submitted for this site, the Principal Planner explained the City was evaluating the environmental information andarewaitingformoredetaileddocumentationbeforemovingforwardwiththe
application.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _
None.7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER _ None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 16-00 (A2500.0 ORD
16-00)An Ordinance of the City Council of the City of Orange repealing Chapter 12.12 and 12.52 of the Orange Municipal Code and adding new Chapter 12.52 to the OrangeMunicipalCoderelatingtorightofwaydedicationandpublic
infrastructure improvements.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 16-00 be read by title only and same was set for second reading bytheprecedingvote.
PAGE 8
CITY COUNCIL MINUTES September 12, 2000
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 17-00 (A1500.0 ORD
17-00)An Ordinance of the City Council of the City of Orange amending Section 10.14.050ofChapter10.14 of the Orange Municipal Code pertaining to
speed limits.Establishes a 35 MPH speed limit on Skylark Place between Canyon View Ave. and
Newport Blvd.MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 17-00 be read by title only and same was set for second reading bytheprecedingvote.
9.3 ORDINANCE NO. 18-00 (A2500.0 ORD
18-00)An Ordinance of the City Council of the City of Orange amending Section 12.18.180
of the Orange Municipal Code amending the effective date for the Outdoor DiningOrdinancebypostponingthedatefromSeptember, 2000 to September 200 I after the Plaza
construction
is completed.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSTAIN -
Alvarez Moved that
Ordinance No. 18-00 be read by title only and same was set for second reading by theprecedingvote.NOTE:
Councilman Alvarez abstained due to a business conflict, as his business is within 300 feet
of the subject property.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the following
item to be added to the Closed Session arose after the posting of the agenda:Robertson vs. City
of
Orange, Orange County Superior Court Case No. 815120 PAGE 9
CITY COUNCIL MINUTES
September 12, 2000
11. RECESS TO CLOSED SESSION (Continued)
The City Council recessed at 5:33 p.m. to a Closed Session for the following purposes:
a. To consider and take possible action upon such other matters as are orally announced by theCityAttorney, City Manager, or City Council prior to such recess unless the motion to recessindicatesanyofthematterswillnotbeconsideredinClosedSession.
7:00 P.M. SESSION
Boy Scout Troop 1442 was introduced. They were attending the Council meeting as part of ameritbadgerequirement.
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS TAPE 1770 13.
1 CONDITIONAL USE PERMIT NO. 2328-00, RANDY AND ANN HARRIS:C3300.0 CUP 2328-
00)The public hearing on petition by Randy and Ann Harris to consider Conditional Use PermitNo.2328-00 to allow the construction of an accessory second housing unit in conjunctionwiththeconstructionofanewresidencelocatedat1802N. Kimbark Lane was continuedfromAugust
22,2000.NOTE: This project is categorically exempt from the provisions oftheCaliforniaEnvironmental
Quality Act.The City's Principal Planner reported this is a request to add a 525 square footaccessorysecondunittoanewresidence. The proposal include an attached two car garage for themainresidenceandaseparatetwocargaragefortheaccessoryunitonaone
acre site.MAYOR COONTZ OPENED THE
PUBLIC HEARING Mr. Randy Harris, Applicant, was available to
answer questions.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE
PUBLIC HEARING MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to find the project is categorically exempt from the provisions of the California EnvironmentalQualityAct, per State CEQA Guidelines Section 15301.MOTION -
Murphy SECOND - Alvarez
A YES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 10
CITY COUNCIL MINUTES September 12,2000
13. PUBLIC HEARINGS (Continued)
Moved to approve Conditional Use Permit 2328-00 as outlined in Planning
Commission Resolution No.
PC-34-00.13.2 ZONE CHANGE 1206-00, LESLIE O. PERSOHN
FOR JAMES A. SHAB:
Z1500.0 ZC 1206-00)Time set for a public hearing to consider Zone Change 1206-00, a proposal to change the zoning classification for a 1.4 acre parcel to R-
1-40 (Residential, Single Family, minimum lot size 43,560 square feet) from A-I (
Agricultural) upon property located at 487 N. Equestrian Drive.NOTE: This project is
categorically exempt
from the provisions of the California Environmental Quality Act.The City's Principal Planner gave a brief
report on the proposal, indicating this zone change
will make the subject property consistent
with surrounding properties.MAYOR COONTZ OPENED THE PUBLIC HEARING Mr. Leslie Persohn, 424 E. Bay Street,
Costa Mesa, Applicant representing James Shab own,:
r of the property, was available to answer questions.THERE
BEING NO SPEAKERS,
MAYOR COONTZ CLOSED
THE PUBLIC HEARING MOTION - Alvarez SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to find the project is categorically exempt
from the provIsIons of the California Environmental Quality Act
per State CEQA
Guidelines Section 15305.
MOTION - Alvarez SECOND - Slater AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Zone Change 1206-00 as outlined in
Planning
Commission Resolution No.PC-48-00.
14. PLANNING
CITY COUNCIL MINUTES September 12, 2000
15. ADJOURNMENT
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 7:15 p.m. in memory of Barbara Bozman, Secretary for the Police Department.u~ d-;1'
AbrA--/~CASSANDRAJ{tATHCART,
CMC CITYCLERK I: /.,
i 7&
1 'V~
JOANNE COONTZ MAYOR
PAGE 12