4/25/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 9, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 25, 2000
The City Council of the City of Orange, California convened on April 25, 2000 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 130
The City Manager presented Employee Recognition Service Awards to Richard Costa,
Brownwyn Hansen, Virginia Robinson, and Jan Schafer (Library); Jack Boyd, Jared
Steingraber, Brent Craft, Randy Donegan, Carol Garcia, Anita Kemp, Renee Nicholson,
and Jose Rizo (Police); Bill Piguee, John Young, and Jerry Bailey (Public Works); Iraj
Mansouri (Community Development); and Mary Ellen Laster (Economic Development).
(C2500.J.4.18)
A proclamation was presented to Jerome Shaw, Executive Vice President and Founder of
Volt Information Sciences, Inc. for his public service to the City of Orange and the
greater community.
A proclamation recognizing April 29, 2000 as Arbor Day in the City of Orange was
accepted by the City's Arborist, Doug Kokesh. Mr. Kokesh noted that approximately
900 trees will be planted in the City parkways, which should increase the City's street
tree population by five percent. There are currently over 22,000 parkway trees in the
City.
Police Captain Gustafson presented a proclamation on behalf of the City Council to Don
and Nancy Hedrick in recognition of their donation to purchase a Police Canine in
memory of Nancy's father, Officer Gerald Shryock.
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CITY COUNCIL MINUTES
April 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Coontz gave the following announcements:
. The Orange Police Department Traffic Bureau will be presenting an "Every 15
Minute" DUI Education Program at Orange High School on May 1st and 2nd. The
program will include a staged traffic collision in front of Orange High School at
midday on Monday, May 1st. Mayor Coontz indicated that this event needs to be
mentioned on cable television as in the past, the staged collision was thought to have
been a real accident. People are invited to attend this portion of the program.
. The Orange Sunrise Rotary Club Auto Show will be held on Sunday, April 30th in the
Plaza, from 8:00 a.m. - 4:00 p.m. The 400 show cars range from an 1891 truck to
pre-I975 vehicles. There will be great raffle prizes and 33 trophies with monies
going to Orange youth scholarships.
. The Orange Rotary Clubs sponsored the 26th Annual Police and Fire Awards
Ceremony on April 20th to honor the exemplary service of individuals.
Detective Rob Miller of the Orange Police Department was named "Officer of the
Year" for his 2500 man hours on a Canada to Orange County drug investigation and
the successful seizure of over a half million dollars in drugs and over a half million
dollars in asset seizures.
Reflecting the respect and high esteem in which he is held, Orange Police Department
honored Captain Bob Gustafson as "1999 Supervisor ofthe Year."
The "1999 Non-Sworn Employee of the Year" went to Chris Huddleston who has
received this prestigious award two other times on top of 14 commendations she has
received through the years citing her exemplary work.
Officer Brian Adair received the "Award of Merit" for his quick response to a
medical emergency that saved a woman's life.
The "1999 Police Explorer of the Year" award went to Villa Park Senior Meghan
Betterton for her many honors and achievements at school and in her post.
Carolyn Richardson was honored for contributing over 200 volunteer hours since
August of 1999 to our new Alarm Permit Billing System.
The "Firefighter of the Year" award went to Engineer/Paramedic Ed Engler, who
coordinates the Emergency Medical Technician Training Program for Orange,
Anaheim, Garden Grove, Fullerton, La Habra, and Brea.
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April 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
The "Valor Award" went to Battalion Chief Doug Mochizuki for his brave attempt to
save the life of a victim involved in a traffic collision on Interstate 5 near San
Clemente when he was off duty. He risked his own personal safety to give the driver
of another vehicle a chance at survival.
The "1999 Fire Explorer of the Year" went to Kevin Tiscareno who has dedicated
over 550 volunteer hours to our community, recently graduated from the Fire
Academy, and is pursuing his goal of becoming a full-time firefighter in Orange.
Mayor Coontz concluded that these are individuals who understand and deal with our
society in the worst of times and the best of times and do it well. They are individuals
who meet the public daily, sometimes in critical and dangerous situations, and have the
trust of our community. We honor the Rotary Clubs for paying tribute to these dedicated
community servants.
2.
PUBLIC COMMENTS
Tape 905
Carol Perry, 793 N. Hart Street, expressed concern for children's safety from vehicles
speeding on Hart Street, since Collins Avenue Bridge has been closed. Mayor Coontz
responded that pedestrian safety issues will be addressed later in the agenda.
Fernando Rico, 238 N. Magnolia Street, requested that funds be expedited to replace his
street that is in need of repair due to many overcoats of asphalt and the street layer is now
above the driveway approach layer.
Councilman Slater commented that the block does look bad and asked that the
approaches be repaired and more patching be done. The City Manager explained that a
number of streets in the City are in need of repair and the City will continue to try to
patch and repair. However, most cities throughout the state are significantly under
funded for street repairs. Grant funds and gas tax funds can be used for arterial highways.
Community Development Block Grant (CDBG) funds can be used for total street
rehabilitation in low income neighborhoods. Over the next year, the Public Works
Department will assess and quantifY the types of repairs and funds needed to begin a self-
funding program. Also, next years CIP budget aggressively addresses street repairs.
Mayor Coontz commented that the situation on the 200 N. block of Magnolia Street
sounds like a very unusual situation. The City Manager noted that the Public Works
Department currently has a Pavement Management Plan. Unfortunately, many
neighborhood streets are older and the curbs and gutters, as well as the pavement, need to
be replaced. The cost per block is approximately $100,000 - $150,000.
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CITY COUNCIL MINUTES
April 25, 2000
2. PUBLIC COMMENTS (Continued)
Carole Walters, (address on file), expressed concern with vehicle speed and the safety of
children. Ms. Walters feels the Theo Lacy Jail settlement monies should be used for law
enforcement rather than rehabilitation of apartments. Mayor Coontz commented that in
the future the Director of Economic Development can speak to the success of the City's
aggressive program in rehabilitating apartment buildings and curtailing crime in the City.
Larry Bonham, 12151 Adrian Street, commented on the importance of parks in the City.
3.
CONSENT CALENDAR
Tape 1392
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 25, 2000 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, and summarized on Time-Warner Communications, all of said
locations being in the City of Orange and freely accessible to members of the public
at least 72 hours before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated April 6 and 13, 2000.
ACTION:
Approved.
3.3 Receive and file Treasurer's Report, period ending March 31, 2000. (C2500.F)
ACTION:
Approved.
3.4 Request approval of City Council Minutes, Regular Meeting, March 28, 2000 and
April 11, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances and resolutions on the
Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 Amendment No. A-2 to Cooperative Agreement No. 12-356 between the City of
Orange and California Department of Transportation (Caltrans) regarding the SR-
55 Freeway Widening Project. (A2100.0 AGR-3209.2)
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CITY COUNCIL MINUTES
April 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: Amendment No. A-2 to this contract is to accommodate the City's request
to install certain components of street lighting systems for freeway overcrossings where
no such provisions were made in the original freeway construction documents. The
estimated cost is $123,000 for the freeway overcrossings at Walnut, LaVeta and Meats
Avenues.
ACTION: Approved amendment and authorized Mayor and City Clerk to execute on
behalf ofthe City.
FISCAL IMPACT: The first $61,500.00 payment for this agreement will be made from
Account No. 262-5032-483100-6032 (Installation of Minor Traffic Control Devices).
The second $61,500 payment for this contract, which is due on July 31, 2000 will be
made from Account No. 272-503-2483100-6456 (Street Lighting Conversion). This
project is in the proposed FY2000-01 budget and CIP.
3.7 Amendment to Consulting Services Agreement No. 3339 C-l with General Learning
Climates, Inc. to conduct City-wide Team Building for a new amount not to exceed
$55,000. (A2100.0 AGR-3339.1)
SUMMARY: In September, 1999, the City entered into a contract with General Learning
Climates, Inc. to perform team building training for all top management employees. The
consultant has successfully trained the City's management staff in the concepts and
experiences of teamwork. The training has stressed the importance of providing excellent
customer service, learning new ways of doing business, and measuring and improving
organizational performance.
ACTION: Approved an amendment to the consulting services contract with General
Learning Climates, Inc. to conduct City-wide Team Building in a new amount not to
exceed $55,000, and authorized the Mayor and City Clerk to execute on behalf of the
City. There is no need to appropriate additional funds because there are enough funds
available in the City Manager's budget.
FISCAL IMPACT: With the proposed amendment, the maximum fee for this contract is
now $55,000. The original contract amount of $25,000 has been expended. There are
adequate funds for this contract in the 1999-00 Budget in Account Number 100-0201-
426700.
3.8 Amendment to existing professional service contract with CSG Consultants, a
private building plan check firm, to provide on-site plan checks and related public
counter services for the Building Division. (A2100.0 AGR-3375.1)
SUMMARY: The goal of the Building Division is to provide quality plan check services
at the public counter throughout the business day. The Department is currently
experiencing a staff shortage, which makes it difficult to meet that goal. The amendment
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CITY COUNCIL MINUTES
April 25, 2000
3. CONSENT CALENDAR (Continued)
to the contract will augment our existing staff with the use of an on-site plan check
consultant through the end of the fiscal year.
ACTION: Authorized the Mayor and City Clerk to execute an amendment to an existing
professional service contract with CSG Consultants, not to exceed an additional $20,000,
for a total contract for this fiscal year of $40,000.
FISCAL IMPACT: For the balance of FY 1999/00, we will utilize $20,000 currently
available in the Building Division Plan Check Services budget, 100-6033-427800.
(REMOVED AND HEARD SEPARATELY)
3.9 Award of Professional Engineering Services Agreement for Santiago Creek Trail
from City of Orange/City of Santa Ana boundary line to SR-55 at Palmyra Avenue
(continued from April 11, 2000.). (A2100.0 AGR-3505)
SUMMARY: This contract will authorize the consultant to prepare a technical
alignment/feasibility study for the trail along Santiago Creek. KFM Engineering, Inc.
retained as a consultant to provide the engineering services for an amount of $81 ,385.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 245-5011-486700-6099 $61,497 (AB 2766 Air
Pollution Reduction); and 262-5011-486700-6099 $64,000 (Measure M).
Discussion: Bob Bennyhoff, 10642 Morada Drive, spoke in support.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: I) award a consultant agreement in the amount of $81,385 to KFM
Engineering, Inc. and authorize the Mayor and City Clerk to execute on behalf of the
City; and 2) approve an appropriation of $64,000 to Account No. 262-5011-486700-
6099.
3.10 Award of Professional Engineering Services Agreement for Tustin Branch Trail
(continued from April 11, 2000). (A2100.0 AGR-3504)
SUMMARY: This contract will authorize the consultant to prepare a technical
alignment/feasibility study for a multi-purpose trail from the City's southerly boundary
(at Fairhaven Avenue) to Santa Ana River Bike Trail along the abandoned Union Pacific
Railroad right-of-way in the Cities of Orange and Villa Park, Cities of Orange and Villa
Park's roads, and Santiago Creek embankments. KFM Engineering, Inc. retained as a
consultant to provide the professional engineering services for an amount of$146,000.
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April 25, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a consultant agreement with KFM Engineering, Inc. in the amount
of $146,000 and approved an appropriation of $146,000 to Account No. 550-5011-
486700-6100.
FISCAL IMPACT: Upon appropriation, funds will be available in Account No. 550-
5011-486700-6100 $146,000 (OCTA-TEAl Grant Program).
(REMOVED AND HEARD SEPARATELY)
3.11 Agreement with Robert Kiley and Associates (RKA) to serve as Foundation
Manager of the Orange Community Foundation and the Orange Public Library
Foundation. (A2100.0 AGR-3503)
SUMMARY: Staff has been working to establish two City foundations with the intent to
promote and support cultural, recreational, library and human service needs of the City of
Orange and lessen the burdens of local government. The foundations are the Orange
Community Foundation and the Orange Public Library Foundation.
FISCAL IMP ACT: Sufficient funds are available in the FY 99/00 budget to cover the
costs for the remainder of this fiscal year ($8,000), Account No. 100-0000-426700
(General Government-Professional Consultant). Funds have been requested as part ofthe
FY 00/01 budget process ($48,000): Account No. 100-2001-426700 (Other Professional
and Consultant Services), $24,000; and Account No. 100-7001-426700 (Other
Professional and Consultant Services), $24,000.
Councilman Alvarez commented in support of the Orange Community Foundation that
will provide an important avenue for businesses and people in the community who want
to contribute towards children and adult programs in the City.
Mayor Coontz commented the recession caused a setback for the start of the Orange
Public Library Foundation but will now be managed successfully.
MOTION - Alvarez
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize the Mayor and City Clerk to execute a contract in an amount not to
exceed $56,000 to RKA to serve as Foundation Manager for the Orange Community
Foundation and the Orange Public Library Foundation.
3.12 Third Amendment to Professional Consultant Agreement with Cathcart/Begin
Associates, Inc. for Plaza Preservation Project. (A2100.0 AGR-2962.3)
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CITY COUNCIL MINUTES
April 25, 2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The City Council approved a second amendment to the consultant
agreement between the City and Cathcart/Begin Associates, Inc. in the amount of
$58,435 on November 10, 1998. Cathcart/Begin Associates, Inc. increased their scope of
work to add an electrical engineer and perform additional services resulting from
additional meetings with the Citizens Committee and change design plans. The City
Council approved the Plaza Citizens Committee's recommendations on September 28,
1999. Based on the recommendations, Cathcart/Begin will prepare engineering plans and
specifications for construction. The third amendment to the consultant agreement is not
to exceed $133,460. It is anticipated that construction will begin in January, 2001.
Note: Councilman Alvarez abstained from voting on this item due to a property conflict.
ACTION: Approved the third amendment to the consultant agreement and authorized the
Mayor and Deputy City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted for FY 99/00 in Account No. 500-
7021-485100-9875 (Plaza Area Improvements) $133,460.
BIDS
3.13 Project SP-3297 - Approval of plans and specification and request for authorization
to advertise for bids for the Rock Creek Park Remedial Grading Project located at
the northwest corner of Spring Avenue and Prospect Street. (C2500.M.4.20)
SUMMARY: As follow-up to acquisition of the subject property for park purposes,
clean up and re-compaction of the site was recommended in conformance with reports
filed with the City November 5, 1998. Plans and specifications have been completed for
the Rock Creek Park Remedial Grading Project. The project is ready to be advertised for
bids. The estimated construction cost is $2,200,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Rock Creek Park Remedial Grading Project.
FISCAL IMPACT: Funding for this project will be provided by Park Acquisition Funds
and County Park reimbursement monies. $315,000 is budgeted in the FY 99-00 Budget
Account No. 500-7021-485100-0149 (Rock Creek Park). The balance will be
appropriated in the FY 00-01 Capital Improvement Program.
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3. CONSENT CALENDAR (Continued)
3.14 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following claims
for damages:
a. Marvin Azzopardi
b. Meaghan Watson
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Award of Contract - Bid No. 990-14; SP-3239E; Arterial Highway Rehabilitation
Program - Glassell Street Pavement Rehabilitation from Maple Avenue to Walnut
Avenue. (A2100.0 AGR-3501)
SUMMARY: The project will rehabilitate G1assell Street from Maple Avenue to Walnut
Avenue. The construction improvements of this project include removal of roadway
pavement and reconstruction with a full depth asphalt concrete section; remove and
replacement of concrete curb and gutters, driveways, sidewalks, cross gutters and
spandrels; adjustment of manhole frames and covers, water valves, survey monument
frames and covers to grade, replacement of traffic loops and traffic striping.
ACTION: Awarded a contract in the amount of $441,893.50 to Palp, Inc. DBA Excel
Paving and authorized the Mayor and the City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 550-5011-483300-4004 $72,819 (Arterial Highway
Rehabilitation Program, 272-5011-483300-4004 $376,000 (Gas Tax 2105), and 262-
5011-483300-4004 $11,590 (Measure "M").
3.16 Award of Contract - Bid No. 990-24; Project S-192; Sanitary Sewer Improvements
at these locations: Batavia Street from Taft Avenue to Grove Avenue, Grove
Avenue from Batavia Street to Glassell Street, and Glassell Street from Grove
Avenue to Fletcher Avenue. (A2100.0 AGR-3500)
SUMMARY: The Batavia Street, Grove Avenue, and Glassell Street Sanitary Sewer
Improvements shall provide the necessary system capacity to alleviate the deficiencies in
the existing systems.
ACTION: Awarded a contract in the amount of $1,066,758 to 1FT-Pipeline Engineers
and authorized the Mayor and the City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
April 25, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 520-5011-483200-5546 $482,000 (Sewer
Construction), and 520-5011-483200-5547 $755,000 (Sewer Construction).
3.17 Award of Contract to MacKenzie Electric, Inc - Bid No. 990-26; Hart Park Lighting
Installation. (A2100.0 AGR-3499)
SUMMARY: The City purchased seventy-six (76) light fixtures for field lighting at Hart
Park. The light fixtures will replace existing lighting which are outdated and no longer
usable.
ACTION: Awarded a contract in the amount of$68,500 to MacKenzie Electric, Inc. and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following account: 510-7021-485100-0029; $68,500 (Hart Park
Lighting).
DONATIONS
3.18 Accept a donation from Nancy and Don Hedrick and appropriate these funds to the
Police Department Canine Program for the purchase of a new police service dog.
(C2500.K)
SUMMARY: Orange residents Nancy and Don Hedrick have selected the Police
Department's Canine Program as a beneficiary of funds for the purchase of a new police
service dog. Their donation is to honor Nancy's father, Gerald Shyrock, an Orange
Police Officer who retired after 21 years of dedicated service. Officer Shyrock served the
Department from 1941 through 1962, wearing Badge #1.
ACTION: Accepted the donation of $5,500 from Nancy and Don Hedrick and
appropriated the $5,500 to Account No. 100-4021-475100-2307 (General Fund-Patrol-
Other Capital Outlay-K9/SW AT Donation) for the purchase of a new police service dog.
FISCAL IMPACT: None.
RATIFICATION OF DECLARATION OF EMERGENCY
3.19 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
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April 25, 2000
3. CONSENT CALENDAR (Continued)
3.20 Review the need to continue the installation of a methane gas control system at
Yorba Park in response to an emergency. (C2500.M.4.1)
ACTION: Approved.
RESOLUTIONS
3.21 RESOLUTION NO. 9257 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
and removal of on-street parking on Grand Street from Chapman Ave. to Almond Ave.
for a special event on May 13, 2000.
Fire Service Day 2000 at City of Orange Fire Headquarters
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9259 (TA2100.0 AGR-2351.1)
A Resolution of the City Council of the City of Orange Granting to Time Warner
Entertainment - Advance/Newhouse Partnership, a New York Partnership, a Seven Year
Extension to the Current Cable Television Franchise Agreement.
In response to questions raised by Councilman Alvarez, the City Attorney explained the
extension applies to all the terms and conditions of the current cable television franchise
agreement. The City insures that the formula supplied by the federal government for
basic cable service has been applied correctly, which is the extent of any rate regulation
that the City is allowed to engage in. Programming fees are no longer federally
regulated. The City does not have the authority to not renew the franchise agreement
based on the rates being charged. A complete audit will be done in January, 2001, as
provided in the franchise agreement.
Mayor Coontz commented that the types of complaints received at Time Warner would
be helpful information for the Council to receive. This will be revisited after the January,
2001 audit.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9259.
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3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9261 (A2100.0 AGR-3308)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-41; D-I30; Paulus Engineering,
Inc.; WalnutlGlassell Storm Drain Construction.
ACTION: Approved.
3.24 RESOLUTION NO. 9262 (C2500.M.16.1 LLN-2000-01)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2000-01 adjusting lot lines of certain real property described as 6617 Laguna Court,
Lot 52 of Tract 15695 and 2265 N. Grandview Road, Lot 55 of Tract 15027 in the City of
Orange, County of Orange, State of California.
Owners: Serrano Heights, 1400, LLC
Scott Hornick and Courtne D. Hornick
ACTION: Approved.
3.25 RESOLUTION NO. 9263 (C2500.M.16.1 LLN-2000-02)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2000-02 adjusting lot lines of certain real property described as 6602 Laguna Court,
Lot 50 of Tract 15695, 6613 Prescott Court, Lot 33 of Tract 15695 and 2215 N.
Grandview Road, Lot 59 of Tract 15027 in the City of Orange, County of Orange, State
of California.
Owners: Serrano Heights 1400, LLC
Barbara B. Soros
Sanjeev Mishra and Sangita Mishra
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.26 RESOLUTION NO. 9264 (A4000.0 APP-469)
A Resolution of the City Council of the City of Orange denying Appeal No. 469 and
upholding the decision of the Planning Commission to deny DRC Appeal No. 5-99
regarding a non-permitted roof replacement and modified front porch for an existing
residence in Old Towne Orange Historic District upon property located at 237 N.
Harwood Street.
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
Appeal No. 469, DRC Appeal No. 5-99, DRC No. 3434
Applicant! Appellant: Ron Horton
Note: Councilman Slater abstained from voting on this item due to his residence being
located within 300 feet of the subject property.
Discussion: Carole Walters, (address on file), commented that she hopes this matter can
be resolved without having to go to court. The City Attorney responded that the City's
goal in a code enforcement action is to try to get compliance without misdemeanor
prosecutions. The City is successful 98% of the time in getting some resolution before
filing in court.
Note: Councilman Alvarez asked the Director of Community Development look at the
property at Chapman Avenue and Clark Street for compliance with the Old Towne
Design Standards.
MOTION - Alvarez
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN- Slater
Moved to approve Resolution No. 9264.
3.27 RESOLUTION NO. 9265 (A2100.0 AGR-3507)
A Resolution of the City Council of the City of Orange approving an Affordable Housing
Agreement by and between the Orange Redevelopment Agency and Orange Housing
Development Corporation regarding 320 South Hewes Street and 4431 East Marmon
Avenue and making certain findings.
ACTION: Approved the revised loan terms as set forth in Attachment 1 and adopt
Resolution No. 9265.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.9, 3.11, 3.22 and 3.26 were removed and heard separately. Councilman
Alvarez abstained on Item No. 3.12 and Councilman Slater abstained on Item No. 3.26.
The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
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4.
REPORTS FROM MAYOR COONTZ
Tape 2000
Traffic Safety in the City of Orange
Mayor Coontz gave the following report: I have been concerned about traffic safety in the City
of Orange. I spoke to this issue on February 8th of this year and asked the City Manager to direct
staff, Traffic Engineering, and the Police Department to conduct a comprehensive review of
pedestrian safety throughout the City, with an emphasis on higher pedestrian activity, and bring a
report back to the City Council in 60 days. The City had two more pedestrian injuries this past
weekend. We need to recognize the increase in vehicle speed and the fact that people are not
obeying the traffic control systems. Additionally, we should send our comments to the State
legislature supporting two new bills regarding the 85th percentile, which we have discovered
raises the speed in our City and other cities every year.
The Director of Public Works explained the Pedestrian Safety Study is underway as ajoint effort
between the Police Department and Traffic Engineering Division of the Public Works
Department and will be presented within the next few weeks. Pedestrian accidents are being
looked at closely to determine locations, patterns of behavior, time of day, and other elements
involved. Many times it is not the vehicles that are at fault but the pedestrian who fails to
observe proper safety procedures. Education is going to be the most significant part. A lot of
what is happening should not happen, as all of the appropriate devices are in place. The three E's
of traffic safety are: Engineering, Enforcement, and Education. The City has good control over
the engineering and enforcement, but a broader effort is needed in the education area. A bill is
currently going through the legislative process that would allow more factors to be considered in
establishing speed limits. Right now, the 85th percentile is the dominant factor under State law.
Another bill would make all speed limits absolute. Any tools the City can get through the
legislative process would be extremely helpful in dealing with some of these issues. The whole
structure of traffic safety and enforcement is based upon the presumption that the majority of
people will behave in a reasonable manner the majority of the time, taking due regard for their
safety and the safety of others. There seems to be a deterioration of that over the last 15 or 20
years. As a result of the Pedestrian Safety Study, a report will come back in the next few weeks
in hopes to identifY some elements that can be worked on to raise the level of pedestrian safety in
the City.
Mayor pro tern Spurgeon commented that pedestrian accidents which occur on major
thoroughfares (mostly adults) and those that occur on residential streets (primarily children) are
separate problems. Pedestrian safety issues in residential areas may require more enforcement
and engineering, while major thoroughfares may require more education.
Carole Walters, commented that fast traveling emergency vehicles should have their lights on.
PAGE 14
CITY COUNCIL MINUTES
April 25, 2000
5.
REPORTS FROM COUNCILMEMBERS
Tape 2400
NON-AGENDA ITEM
Councilman Alvarez asked when the report he had requested earlier on the City's participation
on the Orange County Regional Airport Authority (OCRAA) can be expected? He noted that the
County's Chief Executive Officer J an Mittermeier has stopped all funding of efforts to pursue the
El Toro Airport.
Mayor Coontz commented the County Board of Supervisors has a meeting scheduled to discuss
the future of the airport. Last week people in Orange received an elaborate mailer from the City
ofIrvine, using taxpayer's money, to attend a meeting in the City of Orange announcing a "Great
Park Plan" which is a plan for a park at EI Toro to serve the South County cities. The proponents
are expecting the citizens of Orange to pay for this park through taxation. The City of Orange
has not raised taxes in years. Also, it is untimely to address the issue of whether the City should
continue its membership in OCRAA until decisions have been made by the Board of
Supervisors.
Councilman Slater commented that at the March 28, 2000 Council meeting, when this issue was
discussed, he indicated that at the next OCRAA meeting there would be discussion about the
possible redirection of OCRAA. Those discussions are still ongoing. Subcommittees have been
set up, but nothing new has developed. The OCRAA meetings are held on the second
Wednesday of each month and Councilmembers are welcome to attend, noting that Mayor
Coontz serves as alternate member to OCRAA. Councilman Slater indicated that he is opposed
to leaving OCRAA. The City of Tustin is the only city that has left OCRAA on a 3-2 vote.
The City Manager stated that Council's direction was to wait for OCRAA to reestablish its
direction. That information is first needed in order to complete a matrix and bring a report back
to Council.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2567
6.1 Investment Oversight Committee Quarterly Report for the quarters ending
December 31,1999 and March 31, 2000. (ORI800.0.27.16)
The City Treasurer presented the report.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file the report.
PAGE 15
CITY COUNCIL MINUTES
April 25, 2000
7.
ADMINISTRATIVE REPORTS
Tape 2680
7.1 Report from the Personnel Director regarding the PERS 2% @ 55 retirement
program for the City's full time and benefited part-time non-safety employees. (A2100.0
AGR-0281.I2)
The Personnel Director presented the report.
RESOLUTION NO. 9249
A Resolution of Intention to approve an amendment to the contract between the Board of
Administration of the California Public Employees' Retirement System and the City Council of
the City of Orange to provide 0% employee cost sharing for the 2% @ 55 retirement program for
the City's full time and benefited part-time non-safety employees.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9249.
ORDINANCE NO. 8-00
An Ordinance of the City Council of the City of Orange amending the contract between the
Board of Administration of the California Public Employees' Retirement System and the City of
Orange to provide 0% Employee Cost Sharing for the 2% @ 55 Retirement Program for the
City's Full Time and Benefited Part-Time Non-Safety Employees.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 8-00 be read by title only and same was set for second reading by the
preceding vote.
7.2 Report from the City Attorney on the First Amendment to Agreement with City
Manager. (A2100.0 AGR-2501.B.I) Tape 2832
The City Attorney reported that the City Manager's current contract which expires on May 12,
2001 requires the City Council to meet prior to May 12, 2000 to consider the terms and
compensation of the contract. The proposed amendment to the contract extends the contract term
to May 12, 2003 and provides the City Manager a raise of 5.5% - 3.5% would be retroactive to
March 1,2000 with an additional 2% increase effective May 12,2000.
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CITY COUNCIL MINUTES
April 25, 2000
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the First Amendment to Agreement with City Manager and authorize the
Mayor and City Clerk to execute same.
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 2880
9.1 ORDINANCE NO. 7-00 (A2500.0 Parks, Commission)
An Ordinance of the City Council of the City of Orange repealing Chapter 2.60 of the Orange
Municipal Code and adding new Chapter 2.60 to the Orange Municipal Code relating to the Park
Planning and Development Commission.
MOTION - Mayor Coontz
SECOND - Slater
AYES -Murphy, Slater, Mayor Coontz, Alvarez
NOES -Spurgeon
Moved that Ordinance No. 7-00 be read by title only and same approved and adopted by the
preceding vote.
9.2 ORDINANCE NO. 9-00 (A2500.0 City Council Agenda)
An Ordinance of the City Council of the City of Orange amending Section 2.04.030 of the
Orange Municipal Code relating to the agenda for City Council meetings.
MOTION - Murphy
SECOND - Slater
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 9-00 be read by title only and same approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
PAGE 17
CITY COUNCIL MINUTES
April 25, 2000
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 6: 15 p.m. for the following purposes:
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - potential
litigation: Park Fee Study.
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No.
78 02 84. (This item was not discussed)
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
PRESENTATION
Songs were presented by The Estudiantina, 21 female singers visiting from Queretaro, Mexico,
Sister City to the City of Orange. Bobbie Druilhet, Orange Sister City Association Coordinator,
commented that the City of Orange has been a Sister City to Queretaro, Mexico since 1973. The
Estudiantina will also be performing at The Woman's Club of Orange on Saturday, April 29th.
12.
PUBLIC COMMENTS
Tape 3782
Carole Walters, (address on file), requested Council consider the intersection of Walnut Avenue
and Tustin Street when addressing pedestrian safety.
In response to Mayor Coontz, the Director of Public Works explained that two traffic
engineering staff work on a full-time basis, including after hours, in field operations in
connection with the freeway project. They are heavily involved in the detouring and signing,
particularly with respect to safety issues on local streets. Anytime there is a major change, i.e.,
bridge closure, ramp closure, etc., there is a significant dislocation of traffic. It takes
approximately 10 days to two weeks for things to settle into a normal pattern for that phase of
construction. The City is continuously trying to make conditions safer and make traffic move
more smoothly. The City will look into the suggestion made by Ms. Walters.
13.
PUBLIC HEARINGS
Tape 3933
13.1 PARK FEE STUDY, CITY OF ORANGE
Time set for a public hearing on petition by the City of Orange to consider adoption of a Quimby
Ordinance that reflects the requirements for the dedication of land, payment of an in-lieu fee
thereof, or a combination of both, for park and recreational purposes as recommended in the
PAGE 18
CITY COUNCIL MINUTES
April 25, 2000
13. PUBLIC HEARINGS (Continued)
recently approved Master Plan for Park Facilities, Recreation and Community Services. The
significance of adopting a Quimby Ordinance is to give the City the ability to acquire necessary
parkland and to accommodate the recreational needs for the community as new residential
subdivisions are developed. The adoption of a Quimby Ordinance is needed to grant the City the
ability to satisfy the need of acquiring parkland as identified in the Parks Master Plan. Failure to
adopt the Ordinance will require the City to continuously fund portions of parkland acquisition,
development, and rehabilitation projects from the General Fund. In comparing the proposed in-
lieu fees with other Orange County cities, the City's in-lieu fees are at the median.
The City Attorney indicated that the City received two letters from the Building Industry
Association (BlA) after the posting of the agenda. The BIA raised some questions about the
proposed Park Fee Study and Ordinance. After meeting with Council in Closed Session on the
BlA's concerns, Council desires staff to meet with the BIA and continue this matter until May
23,2000.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue the public hearing to May 23, 2000.
13.2 LEASE OF THE REDEVELOPMENT AGENCY OWNED SANTA FE DEPOT
PROPERTY TO ORANGE CASK, INC. (RA2100.0 AGR-3502) Tape 3972
Time set for a joint public hearing with the Board of Directors of the Orange Redevelopment
Agency to consider approval of a lease of the Agency owned Santa Fe Depot property in the
Southwest Redevelopment Project Area to Orange Cask, Inc. A California Corporation (Tenant).
The Tenant proposes to lease from the Redevelopment Agency approximately 4,832 square feet
within a building owned by the Redevelopment Agency for a period often (10) years subject to
two (2) five-year renewal option terms and to operate a restaurant under the name of "Cask 'N'
Cleaver Steakhouse" pursuant to the provisions contained in that certain Lease Agreement. The
property is located at 186 North Atchison Street in the Southwest Redevelopment Project Area.
NOTE: This project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the State CEQA Guidelines.
The Director of Economic Development presented the report.
Councilman Alvarez asked what the legal remedies are in terms of collecting unpaid rent and
accrued interest from J. R. Guerin Brewing Company? The Director of Economic Development
explained that collecting unpaid rent and accrued interest should not be an issue, as the new
tenant was found quickly and was willing to step in and assume the obligations.
Mayor Coontz commented that Cask 'N Cleaver was remembered from years ago on Tustin
Street years ago and welcomed them back to the City.
PAGE 19
CITY COUNCIL MINUTES
April 25, 2000
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9250
A Resolution of the City Council of the City of Orange approving the lease of the Santa Fe
Depot property in the Southwest Redevelopment Project area to Orange Cask, Inc. and making
certain findings with respect thereto.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9250.
Council convened to Orange Redevelopment Agency Agenda, Item No. 11.1.
13.3 PRE-ZONE CHANGE NO. 1202-99, CONDITIONAL USE PERMIT NO. 2306-99,
VARIANCE NO. 2078-99, NORTH ORANGE CHRISTIAN CHURCH (ZI500.0 ZCG-
1202-99) Tape 4134
Time set for a public hearing on petition by the North Orange Christian Church to consider Pre-
Zone Change 1202-99 to allow a pre-zone change from a County designation to a residential
duplex zone (R-2-6); Conditional Use Permit No. 2306-99 to allow the expansion of an existing
church facility and Variance No. 2078-99 to allow tandem parking spaces upon property located
at 1001 E. Lincoln Avenue.
The Planning Manager reported the site contains three parcels which total approximately 2 Y:z
acres. A small portion of the site is currently located within the County's jurisdiction and will
require annexation to the City. The applicant's have already initiated the annexation process.
The site currently contains a small historic church chapel, a 3,600 square foot two-story structure
which houses classrooms and administrative offices, and five mobile trailers used as temporary
classrooms. The church is proposing to construct a new 6,000 square foot sanctuary which will
contain four classrooms, a children's nursery, and a new two-story building that will contain ten
classrooms. Other proposed improvements include expanded parking areas and a children's play
area, as well as landscaping of a contemplation garden. The expansion plans and improvements
are proposed to occur in two phases. Phase I includes the annexation of the small parcel to the
City, removal of three modular classrooms, construction of the new sanctuary building, and
additional parking to bring the total parking spaces available to 160, of which 22 would be
tandem spaces. Phase II includes the removal of the remaining modular classrooms, construction
of a new two-story ten classroom facility, and improvements to the play area and contemplation
garden. Two access driveways are provided on Lincoln Avenue in Phase I, with a third access
driveway provided to Buena Vista Street in Phase II.
PAGE 20
CITY COUNCIL MINUTES
April 25, 2000
13. PUBLIC HEARINGS (Continued)
The applicants have worked diligently with staff to revise their plans to address staffs concerns
with traffic access and parking. A traffic study was prepared which demonstrated that adequate
vehicular capacity access and turning movements are provided. A number of conditions have
been agreed to by the applicants to ensure that the parking needs can be accommodated on-site
and adequate site distance is provided at all of the street and driveway intersections. The
Planning Commission held two public hearings to consider this item. At the first hearing, Mr.
Perez raised concerns with the projects potential impact to the alley which separates the church
site from his property. Mr. Perez wanted assurance that the alley would be cleaned up after a
church event and that the church would not be taking access from the alley. The Planning
Commission had concerns with the tandem parking spaces, without a method established to
effectively manage the use of the spaces. At the second hearing, the church agreed to a number
of new or revised conditions addressing these concerns. The church does not take access from
the alley. One condition imposed provides for a Parking Management Plan to insure that parking
does not become a problem. Another condition requires that the church clean up Orange Avenue
and the alley after special events are held at the church. A total of 22 conditions address
operational aspects of the use and the phasing of the development to insure that the expansion
plans will meet the needs of the church and will not negatively impact the community.
In response to Councihnan Alvarez, the Planning Manager explained that one of the conditions
of approval insures that not all of the facilities can be used simultaneously, which meets the
parking requirements. The tandem spaces have an existing variance granted by the County to
provide additional parking on-site beyond what is required by Code. The Parking Management
Plan provides for monitors that will direct traffic through the spaces and insure that the tandem
spaces would be used by church personnel, and not conflict with ongoing members.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in Favor:
Chris Gillette, 2646 N. River Trail Road, Pastor representing North Orange Christian Church
Terry Jacobson, 3111 Second Avenue, Suite 3, Corona Del Mar, architect and master planner for
North Orange Christian Church
Speaking in Opposition:
Josh Perez, 8651 N. Orange Avenue
Daniel Martinca, 8641 Orange Avenue
Concern were expressed with traffic, parking on Orange and Lincoln Avenues, and the line of
sight.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
PAGE 21
CITY COUNCIL MINUTES
April 25, 2000
13. PUBLIC HEARINGS (Continued)
Council Comments:
Mayor pro tern Spurgeon asked if the church attendees will continue to park on Lincoln Avenue.
Pastor Gillette indicated that he was unaware that parking on Lincoln Avenue was creating a
view or safety problem, but that he would be willing to address this if it is a concern.
Mayor Coontz asked what the Parking Management Plan entails. Pastor Gillette explained the
Parking Management Plan is handled by the deacon ministry. Currently the tandem spaces are
used by people who are at the church first and leaving last, i.e., staff, deacons, and choir
members. The parking needs for each event are looked at on a day-to-day basis. Pastor Gillette
noted that parking goes very smoothly on Sunday mornings. The church does not have a Parking
Management Plan that shows flow of traffic, etc. for the new facility. It is difficult to know what
the needs are going to be and what the dynamics ofthe services and traffic will be until it is built.
In response to concerns raised, Terry Jacobson noted the church has been sensitive to the
concerns of the uphill neighbors. The church property is lower than the adjacent properties and
within the required height limit. The roof plane was designed to quickly descend so that the roof
lowers quickly to allow the adjoining property to see over and around the building.
Councilman Alvarez asked in the driveways will be used for right and left turns out of the
property. Terry Jacobson responded that it was the Traffic Engineer's recommendation that right
and left turns would be safe movements to exit out of both driveways, as the direction of the
curve of Lincoln Avenue in that area allows a very good line of sight.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Mitigated Negative Declaration No. 1615-99.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Pre-Zone Change No. 1202-99 as outlined III Planning Commission
Resolution No. PC-17-00.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Conditional Use Permit No. 2306-99 as outlined in Planning Commission
Resolution PC-18-00.
PAGE 22
CITY COUNCIL MINUTES
April 25, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Variance No. 2078-99 as outlined in Planning Commission Resolution No.
PC-19-00.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 8:05 p.m. to an Adjourned Regular Meeting to be held on
Tuesday, May 2, 2000 at 5:00 p.m. in the Weimer Room to discuss Budget Revenues and
Expenditures.
CLAf.4<AI?A.~/~-CA<'MT
CASSANDRA J. HCART, CMC
CITY CLERK
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JOANNE COONTZ
MAYOR
PAGE 23