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1/25/2000 - Council Minutes - CC Minutes Reg Meeting APPROVED BY CITY COUNCIL ON FEBRUARY 8, 2000 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING January 25,2000 The City Council of the City of Orange, California convened on January 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 Helen Walker, Soroptimist International of Orange 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 92 Employee Recognition Service Awards were presented by the City Manager to the following employees: Diane Hornsby (Administration); Catherine Crary (Library); Randy Houston (Police); Glenn Newson and Pat Oberle (Personnel); Elizabeth Irish (Library); George Liang (Public Works); Dan Ryan (Community Development); Alan Walker (Fire); and Javier Sosa (Public Works). (C2500.J.4.18) Mayor Coontz, on behalf of the Woman's Club of Orange, accepted a check in the amount of $287.50 donated to the Orange Public Library. Gary Wann, Director of Community and Library Services, thanked the Woman's Club for the donation. A proclamation honoring the Assessment and Treatment Services Center (ATSC) for 25 years of excellent services to the citizens of Orange was presented to Dr. John Applegate, Past President of the Board and his wife Francis. Tom Berrey representing the YMCA Indian GuidesIPrincesses Program announced their Annual Indian 500 car race at the Orange Mall on February 12, 2000 and invited the Mayor, City Council, Police Chief, and Fire Chief to participate in the event. The Police Chief introduced newly promoted Police Captain Romo. Linnea Kraetz, reported on activities of the Orange Police Department Volunteer Program, comprised of over 31 volunteers who have contributed over 5,800 hours to the PAGE 1 CITY COUNCIL MINUTES January 25, 2000 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued) department. The Program is used as a model in other cities in Orange County and several other cities within the State of California. Volunteer applications are available in the lobby of the Police Department. Debbie Klein, Orange Police Department, was recognized for coordinating the Police Volunteer Program. Mayor Coontz reported a record crowd attended the State of the City event sponsored by the Orange Chamber of Commerce. The State of the City presentation made by the Mayor, the receipt of awards given to businesses, and the jail issue (as reported at the January 11, 2000 Council meeting) can be found on the City's web site at www.cityoforange.org. Mayor Coontz reported that new figures indicate the City anticipates it will fully recover the amount of money it lost as a result of the 1994 bankruptcy, which does not include any calculation for potential lost interest. As a result of the bankruptcy, the City incurred a loss of $5,651,641. Based on the County's proposed distribution of the funds the County received from various lawsuits arising out of the bankruptcy, the City anticipates it will recover a net of approximately $6,350,000, approximately $700,000 more than it wrote off as a loss. This was due to two separate lawsuits filed by the City which resulted in a recovery of nearly $2,000,000. In documents filed with the bankruptcy court, the County is proposing to distribute approximately $4,000,000 to the City on or about February 24, 2000. 2. PUBLIC COMMENTS Tape 984 Carole Walters, (address on file), commented she contacted the Fair Political Practices Commission (FPPC) relative to the airport flier inserted in the Orange Progress. Ms. Walters commented on the return of her newsletter next month and her web site. 3. CONSENT CALENDAR Tape 1035 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 25, 2000 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 11 07 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated January 6 and 13, 2000. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) 3.3 Receive and file Treasurer's Report, period ending December, 1999. (C2500.F) ACTION: Approve. 3.4 Request approval of City Council Minutes, Regular Meeting, January 11, 2000. ACTION: Approved. 3.5 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.6 Sewer Encroachment Agreement between the City of Orange and VMA Crossroads, LLC. (A2100.0 AGR-3448) SUMMARY: The Agreement provides for VMA Crossroads, LLC to operate and maintain their private sewer system in Anita Drive, a public street. ACTION: Approved Agreement between the City of Orange and VMA Crossroads, LLC and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. The applicant has paid the City the $185.00 fee to cover City costs in preparing the Agreement. BIDS 3.7 Contract Change Order No.1 for Bid No. 990-06, Project No. SP-3285, 1999-2000 ADA Wheelchair Access Ramps, Various Locations. (A2100.0 AGR-3369) SUMMARY: This Final Contract Change Order authorizes payment for the increase in the quantities of sidewalk, curb and gutter removal and construction of access ramps beyond the original scope of work. The total contract cost is $140,087.94. ACTION: Approved Final Contract Change Order in the amount of$14,016.66 to Ranco Corporation for the additional quantities at contract unit prices. FISCAL IMPACT: Funds are budgeted or are available in Account No. 310-9645- 483300-1328-16113 - $14,016.66 (Community Development Block Grant Funding) 3.8 Bid No. 990-16 for Seven (7) Full Size Dual Rear Wheel Cab and Chassis. (A2100.0 AGR-3449) PAGE 3 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) SUMMARY: Seven Full Size Dual Rear Wheel Cab and Chassis have been scheduled for replacement as part of the approved vehicle replacement schedule in the FY 1999/2000 budget. ACTION: Awarded Bid No. 990-16 to Villa Ford, Orange, CA in the amount of $165,272.12; authorized the Mayor and City Clerk to execute on behalf of the City and authorized the City Manager to surplus the replaced cab and chassis at an auction. FISCAL IMPACT: Funds in the amount of$165,272.12 are budgeted and available in the following account: 720-5023-472102 (Motor Vehicle Replacement). 3"9 Award of Bid 990-13 for Emergency Generator Project at Corporation Yard" (A2100.0 AGR-3447) SUMMARY: Approval of the award of Bid 990-13 to National Electrical Contractors, Inc. in the amount of $87,945.00 for the purchase and installation, along with electrical site work, of an emergency generator at the Corporation Yard. The City will need to transfer $8,313.00 from the Corporation Yard Improvements to fund this project.. ACTION: 1) Approved the award of Bid No. 990-13 to National Electrical Contractors, Inc. in the amount of $87,945.00 for the purchase and installation, along with electrical site work, of an emergency generator at the Corporation Yard; 2) transferred $8,313.00 from Corporation Yard Improvements Account No. 725-7028-481105-9851 to the Emergency Generators Account No. 725-7028-481301-9864; and 3) authorized the Mayor and City Clerk to execute the contract with National Electrical Contractors, Inc. on behalf ofthe City. FISCAL IMP ACT: After the fund transfer is executed, there will be appropriate funds to pay for the emergency generator project in the following accounts: 500-7028-481301- 9864 (Emergency Generators) - $79,632.00 and 725-7028-481301-9864 (Emergency Generators): $8,313.00 - Total: $87,945.00 3.10 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Application to Present a Late Claim and Claim(s) for damages: a. Doreen Mata, Frank Zungia, Samantha Mata, Carlos Mata, and Shavon Evett Mata. ACTION: Denied Application to File a Late Claim and Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 4 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) CONTRACTS 3.11 Approve new contract with Delta Dental Insurance, a preferred provider organization (PPO) effective January 1, 2000. (A2100.0 AGR-2937.A) SUMMARY: Twelve month contract with Delta Dental Insurance Company for employee dental insurance coverage. ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. 3.12 Approve renewal contract with Pacificare Dental Insurance Company, a pre-paid dental plan, effective January 1, 2000. (A2100.0 AGR-2936.1) SUMMARY: Twelve month contract with Pacificare Insurance Company for employee dental insurance coverage. ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. 3.13 Approve renewal contract for vision insurance with Pacific are Insurance Company effective January 1,2000. (A2100.0 AGR-2939.2) SUMMARY: Twelve month contract with Pacificare Insurance Company for employee vision insurance coverage. ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: None. 3.14 Approve increase of Fire Prevention Bureau's appropriation for weed abatement and amendment to contract with Gary's Lot Cleaning. (A2100.0 AGR-0073.C) SUMMARY: Weed abatement work is done in the Fall and Spring seasons of the year. The Orange Fire Prevention Division weed abatement budget for 1999/2000 was formulated from past costs to clean privately owned lots within the city. This Fall, more private lots chose not to clean their property of weeds and debris. ACTION: Approved a $19,500 increase to the Fire Prevention Bureau's appropriation for Weed Abatement - Private Lots, Account No. 100-3012-427301 and approved PAGE 5 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) amending the contract amount with Gary's Lot Cleaning to $66,500 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: This approval will increase the Fire Department's Weed Abatement Clean-up for Private Lots from $14,000 to $33,500. The City will invoice the private landowners for these costs. Accounts that are not settled will be placed on the Tax Rolls for collection. 3.15 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Wanda Road, Katella Avenue to Santiago Boulevard pavement rehabilitation" (A2100.0 AGR-3440) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Wanda Road, Katella Avenue to Santiago Boulevard pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $29,700 to KFM Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.16 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Walnut Avenue, Cypress Street to Glassell Street pavement rehabilitation" (A2100.0 AGR-3439) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Walnut Avenue, Cypress Street to Glassell Street pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $23,990 to KFM Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the PAGE 6 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.17 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Taft Avenue, Phase I, Batavia Street to Glassell Street pavement rehabilitation. (A2100.0 AGR-3438) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Taft Avenue Phase 1, Batavia Street to Glassell Street pavement rehabilitation project ifthe application is successful. ACTION: Awarded a contract in the amount of $43,015 to KFM Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.18 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Taft Avenue, Phase 2, Glassell Street to Tustin Street pavement rehabilitation. (A2100.0 AGR-3437) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Taft Avenue Phase 2, Glassell Street to Tustin Street pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $52,655 to KFM Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. PAGE 7 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) 3.19 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Main Street, Phase 1, Collins Avenue to Katella Avenue pavement rehabilitation. (A2100.0 AGR-3436) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Main Street Phase 1, Collins Avenue to Katella Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $37,405 to KFM Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.20 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Yorba Street, Palmyra Avenue to Chapman Avenue pavement rehabilitation. (A2100.0 AGR-3441) SUMMARY: The Orange County Transportation Authority has issued a can for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Yorba Street, Palmyra Avenue to Chapman Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the progranuned fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.21 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Eckhoff Street, Collins Avenue to 370 feet south of Collins Avenue pavement rehahilitation. (A2100.0 AGR-3446) PAGE 8 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Eckhoff Street, Collins Avenue to 370 feet south of Collins Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $22,431 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.22 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Hewes Street, Chapman Avenue to Marmon Avenue pavement rehabilitation. (A2100.0 AGR-3445) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Hewes Street, Chapman Avenue to Marmon Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $34,699 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.23 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Main Street, Phase 2, Katella Avenue to Taft Avenue pavement rehabilitation. (A2100.0 AGR-3444) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding PAGE 9 " CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) and to design the Main Street, Phase 2 Katella Avenue to Taft Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $43,254 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.24 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Prospect Street, Phase 2, La Veta Avenue to Palmyra Avenue pavement rehabilitation. (A2100.0 AGR-3443) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Prospect Street, Phase 2 La Veta Avenue to Palmyra Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.25 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Prospect Street, Phase 1, Palmyra Avenue to Chapman Avenue pavement rehabilitation. (A2100.0 AGR-3442) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Prospect Street, Phase 1, Palmyra Avenue to Chapman Avenue pavement rehabilitation project ifthe application is successful. PAGE 10 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) ACTION: Awarded a contract in the amount of $26,529 to DMC Design Group, Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the progranuned fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/0 I fiscal year budget. 3.26 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Chapman Avenue, Lewis Street to Manchester Avenue pavement rehabilitation. (A2100.0 AGR-3432) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Chapman Avenue, Lewis Street to Manchester Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $26,580 to W. G. Zimmerman Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the progranuned fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.27 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Glassell Street, Almond Avenue to 300 feet south of Culver Avenue pavement rehabilitation. (A2100.0 AGR-3433) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Glassell Street, Almond Avenue to 300 feet south of Culver Avenue pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $44,905 to W. G. Zimmerman Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 11 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCT A under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.28 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Newport Boulevard, Canyon View Avenue to White Oak Ridge pavement rehabilitation. (A2100.0 AGR-3434) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Newport Boulevard, Canyon View Avenue to White Oak Ridge pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $26,670 to W. G. Zimmerman Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000/01 fiscal year budget. 3.29 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Orange-Olive Road, Meats Avenue to G1assell Street pavement rehabilitation. (A2100.0 AGR-3435) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of the Arterial Highway Rehabilitation Program. In order to meet the February 15, 2000 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Orange-Olive Road, Meats A venue to Glassell Street pavement rehabilitation project if the application is successful. ACTION: Awarded a contract in the amount of $33,635 to W. G. Zimmerman Engineering, Inc., and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal year 1999-00 impact. Upon approval of the project by OCTA under the Arterial Highway Rehabilitation Program, the City will appropriate the PAGE 12 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) funds within the programmed fiscal year budget. The first phase of the contract is being completed by the consultant at no cost to the City and therefore no encumbrance of funds will be made until the 2000101 fiscal year budget. FINANCIAL REPORTS 3.30 Audited Financial Statements and Related Financial Reports for the Year Ended June 30, 1999. (C2500.J.1.3) SUMMARY: Presentation of Financial Report and Statements provided by independent auditors as a result of the annual financial audit for the fiscal year ended June 30, 1999 and other independent audits. ACTION: Received and filed the following documents for the year ended June 30, 1999: 1) The Comprehensive Annual Financial Report, 2) The Accountants' Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets, 3) Report on Agreed-Upon Procedures Applied to the Investment Portfolio, 4) Air Pollution Reduction Fund Statements, 5) Single Audit Report, 6) Redevelopment Agency Statements and 7) Transportation Development Act Article 3 Funds Financial Statements. FISCAL IMPACT: None. LIGHT FIXTURES 3.31 Purchase Light Fixtures on a Sole Source Basis. (C2500.N) SUMMARY: The City identified the replacement of field lighting for Hart Park. Staff specified Musco Sports Lighting product to be installed at Hart Park. It is recommended that the City Council approve the purchase of seventy-six (76) light fixtures and accessories on a sole source basis from Musco Sports Lighting, Inc., in the amount of $69,129. The City Council is required to approve any equipment purchase on a sole source basis. ACTION: Authorized the purchase of seventy-six (76) light fixtures and accessories from Musco Sports Lighting, Inc. in the amount of$69,129. FISCAL IMPACT: Funds are budgeted in Account No. 510-7021-485100-0029 (Hart Park Lighting): $69,129 RATIFICATION OF DECLARATION OF EMERGENCY 3.32 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale Tract). ACTION: Approved. PAGE 13 CITY COUNCIL MINUTES January 25, 2000 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.33 RESOLUTION NO. 9213 (C2300.E GPA-2-99) A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission and amending the open space and conservation element of the General Plan by deleting the parks and recreation plan and adopting and incorporating by reference the Master Plan for park facilities, recreation and Community Services. General Plan Amendment No. 2-99, Master Plan of Parks Applicant: City of Orange ACTION: Approved. SIGNS 3.34 Joint use of Orange Entry Monument Sign by the City of Tustin on Jamboree Road. (S4000.S.3.3) SUMMARY: The City of Tustin has requested permission to modify the existing City of Orange entry monument sign on Jamboree Road. The City of Tustin proposes to add entryway information on the back of the existing sign in lieu of installing a separate sign. The City of Tustin proposes to perform all work at no cost to the City of Orange. ACTION: Approved joint use of the Jamboree entryway sign by the City of Tustin and directed staff to prepare a cooperative use agreement for approval by City Council. FISCAL IMPACT: None. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 1131 4.1 Update on Jail Issue. Mayor Coontz gave the following report: The City continues to stand strong on our opposition to yet another County jail being located in our sphere of influence. We are grateful for the public and private support we have received. We thank Supervisors' Coad, Silva, and Smith for their PAGE 14 CITY COUNCIL MINUTES January 25, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) support. In a two and a half page letter I received earlier this week, former County Supervisor William Steiner provided a formal record of the complex negotiations between the County of Orange and the City of Orange regarding the expansion of the Theo Lacy Jail. He was the Supervisor at the table and he served as the liaison between the City and the County. His letter supports the position that we have taken since we first learned of plans to locate a second jail in our City (in our sphere of influence). By reaching an agreement on the expansion of Theo Lacy Jail, the City, the County and the Sheriffs Department agreed that Orange had done its fair share, and other areas of the County should shoulder the responsibility for future jail needs. I think his closing comments summarize the situation accurately. This is a quote from Former Supervisor Steiner, "While it may be expedient to forget the promises of the past, it is undeniable that the location of another jail in the sphere of influence of the City of Orange does not pass the fairness test, which ultimately guides public policy and decision making." Mayor Coontz continued: I want to make one point very clear. There is a demand for jail facilities in the South County area as a direct result of its own crime and court activities. According to the County's environmental report for the expansion of the James Musick Jail facility, 25% of all bookings County-wide occur within a ten mile radius of the South Court. If approximately 30% of Orange County's population lives in South County, and 25% of all bookings occurred there, logic leads us to conclude that ajail facility is needed in that area of the County. Recent articles in a newspaper indicate that Irvine and Lake Forest are close to reaching an agreement with the Sheriff regarding the future of the Musick Jail facility. The ultimate decision remains in the hands of the County Board of Supervisors. We remain confident that no matter what deals are made in South County, the Board will honor its commitment to Orange and we will not see another jail facility in our City's sphere. We continue to need your assistance. Please communicate directly to your Board of Supervisor representatives. ******** Carole Walters, (address on file), commented on Measure F as it relates to jails. 4.2 Establishment of a Park Development Advisory Commission (OR1800.0.10) Tape 1216 Mayor Coontz gave the following report: We achieved a significant milestone in 1999 with the adoption of our first Master Plan of Parks. This document is a guide to help us meet the City's long-time need for both active and passive parks. At our last meeting, Councilmen Slater and Alvarez brought to our attention the need for a committee they had helped form to seek out future park locations. While that is a worthy idea, there is an immediate need to move on projects already identified by the City. Several month ago Councilman Murphy spoke to the idea of reinstituting a Parks Commission. I considered the idea during the holidays and decided it was a timely one. 1999 brought us substantial economic growth which enables the City to move forward with some significant projects. PAGE 15 CITY COUNCIL MINUTES January 25, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) There are a number of projects the Commission might initially help us to implement. The Commission could: · Review the physical design and layout of existing parks. Do they meet the current and future needs of the community? Hart and Eisenhower, two of the City's largest parks, are the best examples. . Develop strategies to solicit input from community and special interest groups on park and facility needs. . Make recommendations on the balance between active parks and open space. . Review and make recommendations on the new proposed ProspectJRock Creek Park and Community Center. The Master Plan of Parks, a first for our City, cannot be successful without a clear plan of action and community participation. If not, that document would just sit on the shelf. We would best be served by a five member select commission representing a cross-section of the community. In addition, I recommend that the Commission include an ex-officio member from the community selected by the Orange Unified School District. The action I am requesting is for the City Clerk to advertise under the State of California Maddy Act requirement to solicit those in the community interested in potential membership and request the Director of Community and Library Services additionally solicit interested potential members who have successfully participated, or have an interest in, park projects. The date for approval of the Commission membership will be set for the first meeting in March. The new Commission would expeditiously present a Mission Statement, initial goals, and timeline as soon as possible after organizing and present them to the City for approval. A letter was received from Michael Hairston in support of the develop of the Commission. Oz Enderby, who is very active with youth sports and scouts, has indicated a willingness to serve on the Commission. COUNCIL COMMENTS: Councilman Slater expressed concern with Commissions/Committees being viewed as political, suggesting that each Councilmember make a recommendation on who they would like to serve on the Commission. He supports the concept of the proposed Park Development Advisory Commission. Councilman Alvarez requested the issue be tabled for a future meeting to allow more time to review the Mayor's report, provide feedback, and to further discuss the selection of Commission members. Concern was expressed that the proposed Commission may have a potential conflict with the Community Services Foundation (not yet in place). Councilman Alvarez suggested public forums be held to gather input from the neighborhoods surrounding the parks. Councilman Murphy suggested staff bring back a well-defined report on what the roles and responsibilities of the Commission would be and the expectations the City has for the Commission. PAGE 16 CITY COUNCIL MINUTES January 25, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) Councilman Slater requested the staff report include a comparison of the proposed Park Development Advisory Commission vs. the past Parks Commission. Mayor pro tem Spurgeon expressed concern with staff support required for the establishment of a new Commission. Mayor Coontz said the Commission will help filter the OpInIOnS, comments, and recommendations of the Council to the community. Councilman Murphy added that the Commission could also hold meetings at locations under consideration to provide the opportunity for citizen input. Carole Walters, (address on file), expressed concern with the establishment of the proposed Commission and the impact it would have on the newly formed Citizens' Committee. Councilman Slater explained to Ms. Walters that the focus ofthe Citizens' Committee is to focus on ways to identif'y and acquire new park sites throughout the City. The proposed Park Development Advisory Commission would focus on how to make the best use of existing parks, interact with the neighbors, etc. Mayor Coontz clarified that the Citizens' Committee was self-generated by members of the public and not officially authorized by Council. The proposed Commission would be engendered by the City of Orange to pursue the direction ofthe Master Plan of Parks and to work with staff. The Council will have input on the Commission's membership. Councilman Slater commented at the January 11 th Council meeting, Council specifically directed staff to work with the citizens committee to discover methods of acquisition and identification of parks. Stu Livingstone, 515 E. Maple Avenue, expressed support for the Commission. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct the City Manager to instruct the Community Services Department to review the ideas put forth in the Mayor's report along with Council's suggestions and report back in 30 days with the structure of the commission. 5. REPORTS FROM COUNCILMEMBERS Tape 2093 5.1 Councilman Murphy - Millennium Update (Continued from 1-11-00) (OR1800.0.30) Councilman Murphy reported on fundraising activities being undertaken by the Committee to commemorate the millennium. Fundraising items include: pins, t-shirts; and flags with the millennium logo (and a sponsorship area) to fly in the Plaza and surrounding areas on Glassell PAGE 17 CITY COUNCIL MINUTES January 25, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) Street. The bricks for the millennium project at Santa Fe Depot Park are in the process of being made available. The Millennium Committee put together the idea of raising funds to present the City with a millennium clock and archway as an entrance to Santa Fe Depot Park. A final design concept and request for approval will be brought back to Council in March, 2000. All revenue generated from the sale of the bricks and merchandise will be used to offset the cost of the purchase of the clock and its related improvements. Brochures, publicity and advertisements are being put together at this time. The Committee has promoted and proposed partnerships with City-sponsored events to sell the merchandise and utilize the logo. Merchandise sales and related items will be offered to local charities to participate in fundraising activities and to also support their individual efforts. The motto and photo contest will take place this year. A specific event for the dedication of the millennium clock has also been discussed. Mayor Coontz stressed the importance of a formal budget to provide the public assurance that the monies are being tracked. Barbara DeNiro, (address on file), asked if all Commissions go through the Maddy Act? The City Attorney explained the Maddy Act applies to unscheduled vacancies. Once established, the Commission will be subject to the Maddy Act and its posting requirements. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the millennium report, noting the confirmation of the merchandise Issues. NON-AGENDA ITEM - Councilman Alvarez - City Recognition of Martin Luther King Holiday. Councilman Alvarez asked why the City of Orange is one of the few cities that does not recognize Martin Luther King as a national holiday. The Personnel Director explained the bargaining groups have requested the Martin Luther King holiday. However, the bargaining groups opted for more floating holidays instead. Barbara DeNiro, (address on file), expressed opposition to the addition of more holidays. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2486 6.1 Appoint the following members to the Millennium Commission. Councilman Mark Murphy, Christine Carpenter, Karen Herrera, Nancy Ann Just, Bruce Patrick, Al Ricci, Sandra Warne, and Bill Utter. PAGE 18 CITY COUNCIL MINUTES January 25, 2000 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the appointments to the newly constituted Millennium Commission. 7. ADMINISTRATIVE REPORTS Tape 2789 7.1 Report from the Director of Public Works/City Engineer regarding parking conditions around Chapman University Campus. (S4000.S.3.1.1) SUMMARY: In response to area residents' requests, the City Council at their meeting of December 14, 1999, directed staff to review the parking conditions around Chapman University campus and report back to the Council. City staff met with area residents who had brought forward these concerns and Chapman University representatives. This report summarizes staff's findings and recommendations. FISCAL IMPACT: Staff's proposed recommendation will result in the loss of $400 Permit Parking Application fees. Since there is not a precise method to forecast the number of individual applications in this area that would have been filed in the future, the total financial impact ofthis action cannot be precisely quantified at this time. Note: Councilman Slater abstained on this item due to a property interest within 300 feet of the parking structure on the west side. Councilman Alvarez abstained due to property interests at 138 and 152 N. Olive. The Director of Public Works reported that a condition of Chapman University's Specific Plan, in an amendment adopted in March, 1997, was the requirement that the University conduct all studies and assume responsibility for implementation of a parking and traffic management plan as may be required by the Public Works Director and Traffic Engineer to alleviate overflow or on-street parking. The studies are to include parking incentives to encourage the use of Chapman University on-site parking spaces instead of off-site spaces. In the meeting held with Chapman University representatives, a re-commitment was made to develop and implement measures to encourage the use of their parking structure and lots by faculty, staff and students. However, even with their best efforts, there will be overflow parking onto the adjacent streets, impacting the residents in the area. There are existing permit parking areas. In order to minimize the cost and staff time involved in implementing additional permit parking areas, it was felt a cooperative and comprehensive approach, with Chapman University taking the lead ,was the best way to deal with the issue. Chapman University would conduct a community meeting in cooperation with City staff to present the concept to the residents and receive their comments. The University would be responsible for any costs associated with conducting the meeting, including notification of the affected residents and businesses. The intent is to establish PAGE 19 CITY COUNCIL MINUTES January 25, 2000 7. ADMINISTRATIVE REPORTS (Continued) boundaries for a Chapman University Permit Parking Management Area. Once established, there would be no permit application fees for any neighborhoods wanting to participate in the program. Participation would be voluntary and not imposed on any neighborhood that did not support it. Petitions would still be involved expressing the desire to be a part of the program. The areas would be subject to the annual permit fees currently charged in all of the existing permit parking areas. The proposed approach could result in a significant addition to the existing areas and has the potential of additional costs for enforcement of the permit parking. Subsequent to the public input and assuming a favorable response from the community, it was recommended an Ordinance be adopted establishing a Chapman University Permit Parking Management Area. Mayor Coontz expressed concern with the possibility of students parking beyond the established permit parking areas. How is Chapman University going to address the student use of their parking structure? What can be done to assure the use of the parking structure? Issuing permits, etc. will be a management problem for the City. Bob Mickelson, P. O. Box 932, Orange, representing Chapman University, responded that Chapman University will discuss with the neighbors how large of an area is appropriate for permit parking and what affect it will have. Included in the report will be studies and an analysis of how to encourage more parking in the structure and on the spaces available on the campus. Mayor Coontz commented the east and west end of the campus needs to be looked at. Mr. Mickelson confirmed they would look at both ends of the campus, noting that Orange High School also contributes to the parking problem. Carole Walters, (address on file), commented the City should give the residents free permit parking. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon ABSENT - Slater, Alvarez Moved to receive and file the report; directed staff to prepare an Ordinance, in cooperation with Chapman University, establishing a Chapman University Permit Parking Management Area; and directed staff to continue to work closely with Chapman University to come back with a solution to the sometimes non-use of the parking structure by professors, staff, and students. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon ABSENT - Slater, Alvarez Moved to waive the permit application fees for areas which now have petitions. PAGE 20 CITY COUNCIL MINUTES January 25,2000 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 1-00 (A2500.0 ZCG-1201-99) An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code and approving the reclassification of property located on the south side of East Culver Avenue between Shaffer Street and Cambridge Street from R-2-6 to R-1-6. Zone Change 1201-99; Ordinance Amendment 6-99 Mayor Coontz noted a letter was received from John Waters, architect for the Zehners, and from residents that reside on Culver Avenue. The City Attorney stated that an issue brought up in the newspapers is the allegation of spot zoning. Spot zoning occurs when there is zoning of a small piece of property, a single parcel, or a small area which is substantially different from the surrounding area. This block of Culver Avenue is surrounded by R-2-6 and R-1-6. The zone change is to R-1-6. This is not spot zoning for the following reasons: 1) The lots are fairly large; 2) the area does not constitute a small parcel or small area; and 3) it is similar to zoning which surrounds the Culver A venue area. Mayor pro tern Spurgeon indicated he understands the City has to go back and rehear some items, according to the court. The City Attorney responded the direction from the court was for the Council to more specifically make findings so that the court can undertake a better review of how the City Council got from the Design Standards to denying the project. Carole Walters, (address on file), requested Council delay the vote until after the court hearing. MOTION - Slater SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 1-00 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 2-00 (A2500.0 AMD-7-99) An Ordinance of the City Council of the City of Orange amending Titles 12 and 17 of the Orange Municipal Code authorizing modifications to the ultimate planned width of Heim Avenue and approving the reclassification of 6.09 acres of property located east of Canal Street and south of Heim Avenue, adjacent to the Mall of Orange, from C-TR, Limited Business District, Tustin Redevelopment Project Area to R-2-6, Duplex Residential District. Ordinance Amendment 7-99, Zone Change 1196-98, Applicant: Greystone Homes, Inc. PAGE 21 CITY COUNCIL MINUTES January 25, 2000 9. LEGAL AFFAIRS (Continued) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 2-00 be read by title only and same was approved and adopted by the preceding vote. 9.3 ORDINANCE NO. 3-00 (A2500.0 Utility Deposits) An Ordinance of the City Council of the City of Orange amending Chapters 13.08 and 13.60 of the Orange Municipal Code relating to utility deposits. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 3-00 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 6:25 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. 78 02 84 County of Orange, U.S. Bankruptcy Court, Case No. SA 94-22272 Zehner vs City of Orange, Orange County Superior Court Case No. A15458. b. Conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 25 acre parcel near the intersection of Spring Street and McPherson Road in Orange. Negotiating Parties: City of Orange and Union Pacific Railroad; Under Negotiation: Price and Terms of Payment c. Public Employee DisciplinelDismissal/Release pursuant to Government Code Section 54957.6. d. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. PAGE 22 CITY COUNCIL MINUTES January 25, 2000 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None 13. PUBLIC HEARINGS Tape 3662 13.1 APPEAL NO. 468-A, CHARLES CURTIS JONES, APPEAL NO. 468-B, WILLIAM H. EARNEST, CONDITIONAL USE PERMIT 2298-99, SPECIALTY RESTAURANTS CORPORATION (ORANGE HILL RESTAURANT) (A4000.0 APP- 468-A) Time set for a public hearing to consider Appeal No. 468-A by Charles Curtis Jones and Appeal No. 468-B by William H. Earnest concerning the Planning Commission's approval to allow construction of a one-level parking structure over an existing parking facility with a 3,070 square foot, second story addition to Orange Hill Restaurant on property located south of Chapman Avenue, north of Canyon View Avenue with a building addressed 6410 E. Chapman Avenue. NOTE: Negative Declaration No. 1606-99 was prepared to evaluate the environmental impacts of this project. THE APPELLANT (APPEAL NO. 468-A) STATES THE FOLLOWING REASONS FOR THE APPEAL: "Access to Orange Hill currently runs through my property. The findings necessary to approve the CUP cannot be made. The restaurant expansion's negative impact on the highest and best use of my property was not addressed particularly the fact that traffic through my property would increase 50%. The issues of Applicant's right of access through my property, its right to modify current usage, and its right to construct road improvements on my property were not addressed. The fact that Applicant's negative declaration was obtained through wrongful grading and sacrifice of my property to a DFG remediation plan was not addressed." THE APPELLANT (APPEAL NO. 468-B) STATES THE FOLLOWING REASONS FOR THE APPEAL: "The solution presented to the Planning Commission about the car light problem that will be created by construction of a two story parking structure at Orange Hill Restaurant is based on non-factual information available. Expansion of commercial property that is completely surrounded by residential homes does nothing but lower these property values. The only thing we have that makes our Orange Hill properties worth more is our views. This proposed project destroys part of that value. If increased seating capacity is denied the restaurant, no parking structure is needed." The Director of Community Development reported that the 2.4 acre parcel on top of the hill (Orange Hill Restaurant) and the adjacent 39.9 acre parcel are under common ownership. The 2.4 acre parcel is CP (Commercial Professional) zoned. The surrounding property (the slopes of the hill) is A-I (Agricultural) zoned. The neighbors surrounding the parcels are residentially PAGE 23 CITY COUNCIL MINUTES January 25,2000 13. PUBLIC HEARINGS (Continued) zoned, most which are fully developed with single-family residential and condominium types of uses. The Orange Hill Restaurant currently exists as a 14,900 square foot restaurant with a 204 space surface parking lot. The restaurant was originally developed in the 1970's. In 1991, the City approved a Conditional Use Permit (CUP) which allowed the use of tandem parking with a valet style operation. The CUP increased the parking availability on the property from 108 spaces to today's nearly 200 spaces and allowed the expansion in the area of the restaurant to the 14,900 square feet that exists today. Orange Hill Restaurant proposes to modifY the 1991 Conditional Use Permit to increase the amount of tandem and valet parking from 200 to 264 spaces, by adding a parking deck over a portion of the existing parking lot. Approximately 3,000 square feet would be added to the restaurant which would be a second floor banquet floor facility. Given the prominent location of the Orange Hill Restaurant, the additions are of great concern to the surrounding neighbors. Design reductions and modifications have been made as the project has gone through the process and several conditions were added to address the impacts of noise, lights, and safety. The Planning Commission held two public hearings. At the October 18, 1999 public hearing, the Planning Commission approved the proposal subject to the 38 conditions listed in Resolution No. PC 66-99. Since that time, two appeals have been filed by neighboring property owners. Appellant Charles Jones owns a parcel at the bottom of the hill, adjacent to Chapman Avenue, approximately one-half to an acre in size. The property is crossed by the access road going up the hill to the Orange Hill Restaurant. Mr. Jones appeal is based on the belief that the Orange Hill Restaurant is using his property improperly. The City's belief is there is a great deal of civil interest between the two property owners in terms of how the issues might be resolved. Appellant William Earnest owns a residence east of the Orange Hill Restaurant. His appeal is based primarily on concern regarding impacts of the parking and restaurant expansion, the lighting of the parking lot, the headlights of the vehicles within the lot, and concerns with aesthetics and the appearance of the project as seen from his neighborhood. APPELLANTS: Charles Curtis Jones, 1101 Packers Circle, #11, presented photographs of his property. Barry Watkins, 8502 E. Chapman, Suite B-6, partner of Chuck Jones, addressed events that have occurred on or adjacent to Mr. Jones' property and Specialty Restaurants Corporation site since 1963. Issues of concern include reciprocal access, increased traffic over the Jones parcel, applicant's block wall and signs constructed on the Jones parcel, destruction of habitat by applicant, environmental review deficiencies of the Conditional Use Permit application, and an issue with the patio/enclosed banquet facility building permit. They feel Orange Hill Restaurant has not lived up to its bargain, has not been a good neighbor, and the CUP, if approved, will substantially affect the values of the surrounding properties. PAGE 24 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) William Earnest, 138 Calle Alta, expressed concern with the lack of supervision at Orange Hill Restaurant that has caused problems for the neighbors. Problems and concerns addressed were volume of outside music system; drinking parties; fire danger; the broken steel post that supports the chain across fire access road; no permits; the substandard access road; and safety issues. The proposed construction of a parking structure will severely impact view properties in all of east Orange. Mr. Earnest asked the following questions: I) Is the access road a driveway or a road? A comparison was requested of what now exists vs. City requirements for a road? 2) In an emergency, will the present access road allow simultaneous use of fire engines and fleeing vehicles to go in opposite directions in the event of a big fire? 3) Is there any assurance that the road won't be blocked by some stalled vehicle, or the entrance completely blocked by a bus in the ditch (as happened recently)? 4) Were any grading permits granted on the latest work done on the driveway? 5) When the parking lot was expanded, did the City require hillside environmental reports or permits? Were they issued? If so, what date? APPLICANT: Phil Bennett, 5535 E. Cerritos Drive, architect retained by Specialty Restaurants Corporation, addressed how the conditions imposed by the Planning Commission had been met. Concerns have been satisfied as far as landscaping, heights, roadway access, and the increased structure for the roadway barricade. The roadway has been widened from 20 feet to 24 feet. Permits were pulled to resolve the problem of the steep pitch at the bottom of the road. The roadway, as described by the Engineering Department, is a private roadway and not subject to grading or roadway plans. A permit was not required for the widening of the 4 feet. The parking provided exceeds the City's minimum parking requirement. One of the reasons for the proposed parking structure is to provide available spaces to park cars to eliminate concerns with stacking. John Kenny, 5075 E. Greensboro Lane, Anaheim, Chief Financial Officer for Specialty Restaurants Corporation, addressed concerns raised by Mr. Jones. The reason for the reciprocal agreement was to request an easement be recorded between Mr. MacPherson (who owns Lot 75) and Lot 74 (which is leased from the MacPherson Trust). There is a recorded easement for the roadway through Lot 75 to Lot 74, and a recorded title report done in 1994/95. Mayor Coontz asked if there is an easement with Mr. Jones? Mr. Kenny indicated that according to staff, there was no request for a reciprocal easement with Mr. Jones. MAYOR COONTZ OPENED THE PUBLIC HEARING. Speaking in favor of the appeal: Tom Moore, 209 Calle Alta Shirley Moretti, 6635 La Cumbre Drive William Manning, 110 S. Calle Alta Mary Fox, 146 Calle Alta PAGE 25 CITY COUNCIL MINUTES January 25, 2000 13" PUBLIC HEARINGS (Continued) Bob Bennyhoff, 10642 Morada Drive Phil Heim, 126 Calle Alta Dr. Harriet Opfell, 118 Calle Alta Howard Rezner, 212 Calle Alta Reasons: Concerns with lighting, noise; safety (width of access road); trash; blasting without permits; night time view will be eliminated; current parking is sufficient; fire hazard; property depreciation; brush, cactus, 40 feet of natural flora and fauna was cleared off the roadway; destruction of habitat; landscaping to mitigate headlight flashes. Speaking in opposition to the appeal: Stuart MacPherson, 2218 Rose Avenue, Signal Hill, owner of Orange Hill property Brad Sublett, 1079 N. Ridgeline Road Reasons: Orange Hill Restaurant is a landmark; provides enjoyment for people; access issue with Mr. Jones' property occurred when Chapman Avenue was realigned; Planning Commission conditions imposed have been met; fire lane was cleaned per the Fire Department's request; light poles on parking structure will be shielded on all four sides. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. In response to questions raised, the Director of Community Development indicated that in reviewing Planning Commission material in 1991, discussion appears to relate to a reciprocal agreement between the two parcels owned by the MacPhersons'. A 24 foot width is required by the Fire Department for two-way access. A Planning Commission condition requires the height of the lighting fixtures on the parking structure to be no more than 10 feet high. Councilman Murphy requested clarification on what was agreed upon in 1991 relative to reciprocal agreements. In staffs opinion, have the conditions from the 1991 Conditional Use Permit been met? The Director of Community Development responded there is an easement across Mr. Jones' property to allow access to occur and that the easement existed in 1991. Discussion at that time about the reciprocal access needed to only include reciprocals between the two MacPherson parcels. Mayor Coontz expressed concern with the easement issue being unclear and the need for clarity. Mayor Coontz asked the Fire Chief to address the requested cleaning of the fire access road, noting that some of the area is located in the Natural Communities Conservation Plan (NCCP) area. The Fire Chief expressed concern with the type of building being constructed which is addressed in standard Fire and Building Code requirements. Other concerns are emergency access. Access PAGE 26 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) to the site is gained directly up the hill, which is steep and difficult to get a fire truck up. However, it does meet the minimum width requirement. The secondary access point is the dirt road off of Calle Alta, which also meets the minimum width. Concern was expressed with posts and chains down, litter, and vegetation infringing on emergency vehicle access. A dumpster was recently removed from the road. Access problems could occur for fire trucks during a busy event if valet parking were stacked. Concern was expressed with the potential for wild fires in the area. COUNCIL COMMENTS: Councilman Murphy expressed concern with unanswered questions based around the 1991 Conditional Use Permit and requested clarification on the 1991 CUP requirements. He expressed serious reservations about whether the impact of the additional expansion can be mitigated without deterioration of bordering land use. The City Attorney commented if there has been access through Mr. Jones' property for 25+ years, Mr. Jones may have been able to gain access through prescriptive right. Clarification is needed on the legal positions of the individual parties and a report can be brought back to Council. Councilman Slater commented that expansion of the restaurant will cause deterioration of the area and expressed concern with the removal of the flora and fauna that has already taken place. He asked the City Attorney if it would he proper to uphold Appeal No. 468 since it is more of a civil matter? The City Attorney responded the access at the bottom of the hill (Mr. Jones' property) could be listed as a reason for denying the CUP. Mayor Coontz commented that she does not feel the proposal is good land use planning, as it is the most prominent hill in east Orange. Concern was expressed with the safety of the narrow winding roadway to the restaurant and that permits have been obtained from the City after work has begun on several occasions. Mayor pro tem Spurgeon commented a two story urban parking structure in a residential semi- rural area does not fit. Councilman Alvarez concurred with comments made in that a parking structure does not fit at the location and the concerns expressed relative to the access roads. Mayor Coontz indicated if the Mitigated Negative Declaration is going to be denied, findings have to be made, noting the fire safety issues raised by the Fire Chief. Staffs clarification of the access issue needs to be included in a separate motion. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 27 CITY COUNCIL MINUTES January 25,2000 13. PUBLIC HEARINGS (Continued) Moved to deny Mitigated Negative Declaration 1606-99 based upon the findings of negative visual and environmental impacts to the surrounding area; fire safety issues as addressed by the Fire Chief; and findings made in the appeal. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to uphold Appeal No. 468-A MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to uphold Appeal No. 468-B. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct the City Attorney and staff to help clarify access issues for future applicants. THE CiTY COUNCIL RECESSED AT 8:45 P.M. AND RECONVENED AT 9:00 P.M. 13.2 APPEAL NO. 467 BY SOUZAN AYOUB, CONDITIONAL USE PERMIT NO. 2304-99, LUXOR RESTAURANT (A4000.0 APP-467) Tape 443 Time set for a public hearing to consider Appeal No. 467 by Souzan Ayoub concerning the Planning Commission's denial of Conditional Use Permit 2304-99 to expand a restaurant with a shared parking agreement on property addressed 2680-2688 N. Santiago Boulevard to allow amplified music as a supplement to live entertainment and to allow operations on nights other than Friday, Saturday and Sunday. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: "I am appealing the decision from the commission Board from the October 4th public hearing. The decision was made because of undue influence from my neighbors "Salon Dusserre." The conditions I am proposing will in no way harm the surrounding neighborhood. When given the chance I will prove that my proposal to change my C.u.P. is within guidelines. I am a hard PAGE 28 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) working business owner trying to make my business more prosperous. I am looking forward to seeing you the Council at the appeaL" The Director of Community Development presented the report. Appellant, Souzan Ayoub, 1404 N. Tustin Avenue, said she recently sold the restaurant and asked that the new owner address the Council. George Farag, 16561 Alliance Avenue, Tustin, commented the property is in escrow for his purchase and requested a continuance to allow time to resolve matters. Council advised Mr. Farag that a Conditional Use Permit currently exists for the restaurant and confirmed Mr. Farag's understanding that the modifications requested have not been granted. The modifications were denied by the Planning Commission and are now being appealed to the City Council. Lewis Crouse, 412 S. Crest, commented that this is not the first time a delay in compliance with a City regulation or rule has been used by owners of the Luxor Restaurant and is indicative of the way the Luxor Restaurant has been. MOTION - Murphy SECOND - Spurgeon AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to March 14, 2000. Notification to be provided to those that submitted speaker cards. 13.3 APPEAL 471, VARIANCE 2067-99, TA NGUYEN AND THANG CAO (A4000.0 APP-471) Tape 960 Time set for a public hearing to consider Appeal No. 471 concerning the Planning Commission and Zoning Administrator's denial of Variance No. 2067-99, regarding a fence exceeding the maximum 42 inch height permitted within a front yard setback upon property located at 296 and 302 North Thora Street. THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: "I am appealing the Zoning Administrator's decision for the following reasons: I. Many houses in Orange have similar fences: 2. The property across Thora Street has a wall along the side property line, abutting the sidewalk, which is 10 feet tall. 3. Children skate along my property and vandalize my home with eggs, ketchup, toilet paper, etc. For these reasons, I am requesting that you save my fence." PAGE 29 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) The Director of Community Development reported the City's ordinance requires a maximum height of 42 inches within the front twenty feet of a single-family residential property. This fence was built at a height of 6 Y2 feet, without City approval or a building permit. The requested variance is a result of Code Enforcement action. The Zoning Administrator held a hearing on September 1, 1999 and denied the request. The Planning Commission considered the applicant's appeal on November 15, 1999 and also denied the request. The reasons for the denial are: 1) the fence presents a potential danger for people on the sidewalk; 2) the height of the fence is excessive; and 3) the required findings were not established per the Orange Municipal Code. MAYOR COONTZ OPENED THE PUBLIC HEARING. Appellant, Ta Nguyen, 296 N. Thora Street, commented the reasons for constructing the fence approximately two years ago was for protection from the multiple burglaries that occurred at his residence. The contractor advised Mr. Nguyen that a permit was needed if the height of the fence exceeded 6 feet. Mr. Nguyen indicated he was unaware a permit was needed, until he was advised by Code Enforcement that he was in violation of City code. MAYOR COONTZ OPENED THE PUBLIC HEARING. Speaking in favor of the appeal: Catherine Turley, 5217 E. Avenue, Julie Hill, 288 N. Thora Reasons: Needs special consideration based upon problems specific to their location; property does not have the privacy other neighbors do; beautifies area and raises property value for homes in the neighborhood; the height of the wall may alter the impact of a runaway car; the wall does not significantly impact the lives of others and provides the appellant's comfort and security. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. COUNCIL COMMENTS Mayor pro tem Spurgeon expressed support for the appeal based on the neighborhood support and that it does affect the health and safety of the neighborhood. Mr. Nguyen built the fence on good faith. Mayor Coontz expressed support for the appeal based on the multiple burglaries at the property and that Mr. Nguyen has taken other protective measures that have not worked. PAGE 30 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) Councilman Alvarez expressed opposition to the appeal. The homeowner should comply with the City's code and seek relief from the contractor who did not advise him of the code requirement. Councilman Slater expressed opposl!ion to the appeal because it does not conform to the neighborhood. As stated by the Planning Commission, the height of the existing fence is excessive and it creates a walled-off community and does not promote a neighborly environment. It is not appropriate to uphold a mistake because it sets a very bad precedent for the rest of the City. He does not feel it adds value or is a credit to the neighborhood. Councilman Murphy expressed support for the appeal for the following reasons: 1) the quality of construction does not impact the ability for law enforcement or public safety to see in, or the occupants to see out; and 2) the neighborhood acceptance. He does not feel it will set a precedent. Fencing regulations need to be looked at, and perhaps consideration be given to visual and safety issues. Councilman Alvarez asked how the Fire Department responds to homes that are gated off? The Fire Marshall responded that in most cases, the gate would be forced open. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon NOES - Slater, Alvarez Moved to uphold the appeal by the applicant, with findings as follows: 1) that any variance granted shall be subject to such conditions that will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated; and 2) that because of special circumstances applicable to subject property, including size, shape, topography, location and surrounding, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Mayor Coontz requested crime reports for the area. MINUTE ORDER - COUNCILMAN SLATER - "Anyone can come to the Council and wave crime stats or say they have been broken into and so forth. I think if someone is having a problem in their neighborhood, they need to let us know or let the Police Department know, because we are interested in doing something about it. If you're getting hit, that means that other people are too PAGE 31 CITY COUNCIL MINUTES January 25, 2000 13. PUBLIC HEARINGS (Continued) and that is something we definitely don't want. In my opinion, there are other alternatives to that, like putting a 42 inch high fence. That's going to do the same thing, or getting a burglar alarm. The other thing I am concerned about is if we continue to let this happen, our city is going to look like Santa Ana, and that is something I definitely don't want to happen. That's all I have to say." 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council recessed to Closed Session at 10:10 p.m. and reconvened at 10:55 p.m. The City Council adjourned at 10:55 p.m. ~[/~1iGtfA/_Mr CASSANDRA! . CATHCART, CMC CITY CLERK JOANNE COON MAYOR PAGE 32