5/9/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 23, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 9,2000
The City Council of the City of Orange, California convened on May 9, 2000 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Father Jim Ries, St. Norberts Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 71
A proclamation was presented to Olga & Gloria Salce, Orange High School Marine
Corps Junior ROTC cadets for their heroic life-saving of a fellow cadet. Also present
was Lieutenant Colonel Joe Ruthenberg, USMC Ret., Senior Marine Instructor.
The City Manager's Office and Finance Department were recognized for the City
receiving the Government Finance Officer's Association Distinguished Budget
Presentation Award.
The City of Orange Police Association will be hosting a bone marrow drive on behalf of
Lieutenant John Whiteley at the Orange Police Department on Tuesday, May 23, 2000
from 8:00 a.m. to 1:00 p.m. Steve Booze, President of the City of Orange Police
Association (COP A), presented a video of a press conference held at Parker Center in Los
Angeles announcing the multi-agency bone marrow drive. The Orange Police
Department was represented by Police Chief Andy Romero and his management staff.
Mayor Coontz announced that cities and counties are finding that the arts provide
economic, social, and educational dividends. Upcoming cultural events and events that
were celebrated in the past few weeks include:
· Gogh Van Orange, a colorful display of school children's works of art at the Mall of
Orange.
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CITY COUNCIL MINUTES
May 9, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
. "Paint the Town" brought out about 100 artists to set up their easels outside and paint
the City's historical sites. About $2,000 in prize money was awarded to the seven
best artists at Sunday's show at the Depot Park.
. An entertaining musical presentation by the Orange Community Chorus took place
Friday night, performing "Gilbert & Sullivan."
· The Orange County Youth Symphony Orchestra celebrated their 30th anniversary
concert Sunday at Chapman University, honoring their conductor of 29 years,
Professor John Koshak.
· American Association of the University of Washington (AAUW) Dana Sharp
Memorial Music Fund Celebration Tea was also held on Sunday, successfully raising
money and used musical instruments for the Orange High School music program.
. Coming up on May 11 th from 6:00 - 9:00 p.m. will be a cultural event called "Art
Walk Orange 2000." The public was invited to browse through Old Towne and visit
the art galleries.
. On Saturday, May 13th, from 10:00 a.m. to 2:00 p.m. is Fire Service Day at the Fire
Department Headquarters, 176 S. Grand St. There will be demonstrations of fire and
rescue tactics, children's games, and Pitcher Park tours.
. On Saturday, May 20th, the Police Department will hold an open house from 9;00 a.m.
to 1 :00 p.m. at the main police facility on Batavia Street. Tours of the facility will be
available.
Councilman Alvarez announced that he has been asked to host a town hall meeting later
this month, set up by a parent organization whose goal is to give the entire community an
opportunity to have an open discussion regarding what is happening with OUSD and its
teachers.
2.
PUBLIC COMMENTS
Tape 839
Carole Walters, (address on file), commented on the importance of participating in the
bone marrow drive. Ms. Walters asked for support of the Orange Emblem Club's June
Christmas for CHOC.
Mara Brandman, 7319 Equitation Way, commented that her coin purse was taken from
her vehicle when it was valet parked at The Block. Ms. Brandman expressed concern
with the treatment she received from The Block management relative to this incident.
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CITY COUNCIL MINUTES
May 9, 2000
3.
CONSENT CALENDAR
Tape 1013
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 9, 2000 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, and summarized on Time-Warner Communications, all of said
locations being in the City of Orange and freely accessible to members of the public
at least 72 hours before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated April 20 and 27, 2000.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting, April 18,
2000, and Regular Meeting, April 25, 2000.
Note: Mayor pro tern Spurgeon and Councilman Alvarez abstained on the Adjourned
Regular Meeting Minutes, April 18, 2000.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances and resolutions on the
Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 C.O.P.S. Expo 2000 (A2100.0 AGR-1372.L)
SUMMARY: The Orange Police Department will be conducting the annual Community
Organizations and Public Services (C.O.P.S.) Expo at the Mall of Orange, Saturday, June
3", 10:00 a.m. until 7:00 p.m. and Sunday, June 4th, 11:00 a.m. until 6:00 p.m. As with
last year's event, we anticipate over 50 agency/non-profit organization participants both
inside and outside the Mall area, along with various center stage activities, including
Welcoming Ceremonies on Saturday, June 3"' at 12:00 noon.
ACTION: Authorized the Mayor and City Clerk to execute the 2000 C.O.P.S. Expo
agreement on behalf of the City.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
May 9, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Approval of plans and specifications and advertising for bids for Traffic Signal
Modifications/Installation at four locations and striping modification at one location
(Bid No. 990-40). (S4000.S.3.3)
SUMMARY: Plans and specifications have been completed for traffic signal
modification/installation and striping changes at the following locations:
Installation of new traffic signal at Lincoln A ve./Canal St.
Modification of existing traffic signal at Orange-Olive Rd./Lincoln Ave.
Modification of existing traffic signal at Taft Ave./Glassell St.
Modification of existing traffic signal at Katella Ave./Handy St.
Modification to existing striping Chapman Ave./Chandler Ranch Rd.
ACTION: Approved the plans and specifications and authorized advertising of Bid No.
990-40.
FISCAL IMP ACT: Funds for these projects are available in the following accounts:
Fund Account No. Project Name Available Funds
Gas Tax 272-5032-483300-3406 Chapman/Chandler Ranch $ 15,000.00
TSIP B 284-5032-483100-6059 Lincoln/Canal 105,000.00
TSIP B 284-5032-483100-6146 Orange-Olive/Lincoln 55,000.00
Developer 550-5032-483100-3031 KatellalHandy 45,000.00
TSIP B 284-5032-485100-6122 Taft/Glassell 38.000.00
Total $258,000.00
CLAIMS (C3200.0)
3.7 The City Attorney recommends that the Orange City Council deny the following claim
for damages:
a. Barry Brior
FISCAL IMPACT: None.
ACTION:
Denied claim for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
May 9, 2000
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.8 Award of Contract to RD Systems, Inc. - Expansion of Police Facility Card Access
System (Bid No. 990-27). (A2100.0 AGR-3508)
SUMMARY: The Police Department utilizes a security card system to restrict access to
vital records and critical access areas. Six additional areas have been identified that need
security controls.
ACTION: 1) Appropriated $53,577.50 to Account No. 353-4011-471301-2229 (Federal
Police Grants - Police Administration - Furniture, Machinery, Equipment Additions);
and 2) authorized the Mayor and the City Clerk to execute the contract between RD
Systems, Inc. and the City of Orange for the Expansion of Police Facility Card Access
System in the amount of$53,577.50 (Option 2).
FISCAL IMPACT: Umeserved fund balance is available in the 98 Local Law
Enforcement Block Grant (LLEBG) Fund to fund this appropriation.
RATIFICATION OF DECLARATION OF EMERGENCY
3.9 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).
ACTION: Approved.
3.10 Review the need to continue the installation of a methane gas control system at
Yorba Park in response to an emergency. (C2500.M.4.I)
ACTION: Approved.
RESOLUTIONS
3.11 RESOLUTION NO. 9260 (S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
Bonita Court, west of Sierra Vista Drive and North of Serrano Avenue.
ACTION: Approved.
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CITY COUNCIL MINUTES
May 9, 2000
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.12 Suspension of Permit Parking restrictions within Area A. (S4000.S.3.1.2)
SUMMARY: Orange High School held their annual Open House and District wide
Music Program at their campus on Wednesday, May 3, 2000. Due to anticipated
attendance it was necessary to park in the surrounding residential neighborhood which
restricts on-street parking except by permit. However, since the request to suspend
permit parking was not submitted by Orange High School until April 25, 2000, request
was granted administratively by the City Manager and is being presented to the City
Council for ratification ofthe City Manager's approval.
ACTION: Ratified the City Manager's decision to grant the request of Orange High
School which suspended the permit parking restrictions (Area A) on Wednesday, May 3,
2000 for their annual Open House and District wide Music Program.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Mayor pro tem Spurgeon and Councilman Alvarez abstained on Item No. 3.3 (April 18,
2000 Minutes). The remainder ofthe Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1047
4.1 Request to formally establish a "Veterans Memorial Committee" and appoint
committee members. (ORI800.0.1O.3)
Mayor Coontz reported at the April 11, 2000 City Council meeting the project and an
appropriation for a Veterans Memorial at Depot Park was approved. Over the last year, she has
worked with members of the local American Legion and Veterans of Foreign Wars to help shape
the concept of the Veterans Memorial. These groups have expressed a deep appreciation to the
entire City Council for supporting this project. Included in the City's rich history is the
important role played by the men and women who served in the armed forces. The City of
Orange is home to many families whose members served proudly and kept our country free and
safe. The planned Depot Park location, the oldest park in Orange County, is of special
significance to many a soldier and their families as they recall tearful good-byes and joyous
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CITY COUNCIL MINUTES
May 9, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
reunions. For these reasons, the Mayor has been very supportive of building a memorial to honor
all those who have served and are serving our country. Although the Veteran groups are
appreciative of Council funding for the project, they are committed to raising the funds to pay for
the Veterans Memorial.
The Veterans Memorial Committee would be an ad hoc committee whose sole purpose is to raise
both awareness and funds for the Orange Veterans Memorial. Members of the committee would
also playa role in planning the program for November 11, 2000 (Veterans Day). The committee
will sunset after their duties are completed, with terms to expire no later than December 31,
2000. Representing the local Veteran Organization of Orange will be two representatives from
the American Legion Post and two representatives from the Veterans of Foreign Wars.
John Whiteriver, 194 S. Pixley Street, Chair of the Veterans Memorial, expressed support for the
Committee appointments.
MOTION - Mayor Coontz
SECOND - Murphy
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the Veterans Memorial Committee and appoint the following members:
Joanne Coontz, Chair, Gaddi Vasquez, Mike Learakos, Tom Coad and Lt. CoI. Joe Ruthenberg.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1180
6.1 Appoint Tom Gilmer, Mike Hairston, Jack Selman, Lisa Blanc, and David Riley to
the newly created Parks, Planning and Development Commission. (ORI800.0.10)
Mayor Coontz reported several outstanding applications were received for the Parks, Planning
and Development Commission. At Council's request, the Community and Library Services
Director conducted the review using specific criteria and submitted a list of recommendations for
consideration.
The ordinance stipulates that members will initially draw for three 3-year terms and two 2-year
terms, which will occur at the first meeting of the Parks, Planning and Development
Commission. There are additional capable individuals who could be chosen to fulfill future
terms.
Mayor pro tem Spurgeon commented that he did not vote to support this commission for other
reasons. He will be supporting the appointments as he believes that once the decision has been
made, Council has an obligation to support.
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CITY COUNCIL MINUTES
May 9, 2000
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Councilman Alvarez asked if the commission will be under the Brown Act? Will the
commission be working with Community Services staff? Mayor Coontz confirmed the
commission will need to meet Brown Act requirements. In addition to working with staff, the
commission will be directing community participation as they go through the park planning
process.
Carole Walters, (address on file), commented on the recommended appointments.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the appointments.
6.2 Accept letter of resignation of Ardelle Courtney from the Santiago Library System
Lay Advisory Board and instruct the City Clerk to begin Maddy Act requirements.
(ORI800.0.3.21) Tape 1288
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to accept the resignation with regrets, and send Ms. Courtney a letter of appreciation.
7.
ADMINISTRATIVE REPORTS
Tape 1308
7.1 Report from the Director of Public Works on the contract to Peek/Signal
Maintenance, Inc. (SMI) in the amount of $121,525.00 to provide traffic signal maintenance
services citywide. (A2100.0 AGR-0332.D)
FISCAL IMPACT: This contract will be paid from Contractual Services Account No. 100-
5032-427100-0000.
The Director of Public Works reported the City recently went to bid on this contract as the
current contractor indicated they would not exercise their option to renew at the current price for
routine maintenance of traffic signals and the hourly rate for extraordinary maintenance. There
were only two bidders on the project. The successful bidder was the City's current contractor at
a significantly increased amount, approximately 70% for routine maintenance and 36 Y:z% for the
hourly maintenance rate. An appropriation is being requested as there are not sufficient funds in
the budget to fund the full twelve month contract. The full amount of the contract must be
funded in order to award the contract. An analysis will be performed to determine whether it
would be economical to perform this service in-house.
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CITY COUNCIL MINUTES
May 9, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Coontz expressed the importance of surveying the blank-faced signs and faded south-
facing signs throughout the City. She noted several are located on Cambridge, north of Katella.
The Director of Public Works responded that the problem with south and southwest facing signs
is that they get the late afternoon sun and fade more rapidly than other signs. The City is moving
towards replacing some of the signs. However, it will take a while, as several thousand of the
signs were installed 7 to 8 years ago, which is their approximate useful life.
MOTION - Alvarez
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $121,525.00 from the General Fund into Account No.100-5032-427100
(Contractual Services) and authorize the Mayor and City Clerk to execute a contract with
Peek/SMI in an annual amount not to exceed $121,525.00
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
Tape 1528
9.1 ORDINANCE NO. 10-00 (A2500.0 Streets, Closure)
An Ordinance of the City Council of the City of Orange amending Section 12.58.015 of the
Orange Municipal Code relating to street closures for special events.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 10-00 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:25 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No.
780284
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - anticipated
litigation: One potential case: Quimby Park Fees
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CITY COUNCIL MINUTES
May 9, 2000
11. RECESS TO CLOSED SESSION (Continued)
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 1628
Joan Bennett, 340 Y:z S. Olive, thanked the Council for their help with the "Paint the Towne"
project.
Carole Walters, (address on file), distributed packets of seeds from her parkway tree and
expressed concern that someone could slip and fall on the sidewalk. The Director of Public
Works will investigate.
13.
PUBLIC HEARINGS
Tape 1840
13.1 APPEAL NO. 475, NEGATIVE DECLARATION 1631-00, APPELLANTS:
JEFFREY AND DEBRA MILLER (A4000.0 APP-475)
Time set for a public hearing to consider Appeal No. 475 by Jeffrey and Debra Miller concerning
the Planning Commission's approval of Negative Declaration 1631-00 to allow demolition of an
existing 9,000 square foot non-contributing building formerly occupied by Bank of America and
replace with a public parking lot. Negative Declaration No. 1631-00 was prepared to evaluate
the environmental impacts of this project.
NOTE: A letter was received from the appellants on May 4, 2000 requesting withdrawal of
their appeal.
APPELLANTS STATE THE FOLLOWING REASONS FOR THE APPEAL:
"Citizen safety compromised - closing Chapman driveway to parking lot leaving access only on
Center. a) Emergency access compromised with only one driveway. b) Personal security
lessened with shrubs/trees replacing driveway by reducing visibility of area to police passing
primarily on Chapman. c) Right turn only could be enforced by small dividers placed along
current boundary of left turn lane from e/b Chapman to nib Center. Personal safety of citizens
using parking area placed in jeopardy by leaving walkway open from poorly lit lot on Grand
where criminal could lie in wait unseen and exit easily."
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to accept the appellant's request for withdraw ofthe appeal.
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CITY COUNCIL MINUTES
May 9, 2000
13. PUBLIC HEARINGS (Continued)
13.2 ORDINANCE AMENDMENT NO. 2-00, CITY OF ORANGE (A2500.0 Zoning
Ord) Tape 1982
Time set for a public hearing on petition by the City of Orange to consider an amendment to the
Orange Municipal Code (Title 17, Zoning Ordinance) to address a variety of minor planning,
land use and development standard amendments to resolve inconsistencies, propose minor
modifications, clarifY the intent of certain code sections and ensure consistency with new State
Legislation.
The Planning Manager reported that Ordinance Amendment No. 2-00 proposes twelve changes
which update the City's ordinance to be consistent with State law, clarifies some of the existing
language in the ordinance, and proposes important changes to existing development standards. A
correction was noted to Item No.8 of Planning Commission Resolution No. PC-23-00 (page 4)
regarding the maximum FAR's permitted by the General Plan Land Use Element for commercial
and manufacturing zoning classifications.
Referring to proposed amendment Item No.1, Councilman Slater asked what the two major site
plan reviews were that would have fallen under minor site plan reviews with this ordinance
change? The Planning Manager responded that two projects processed last year which would
have been processed as minor site plan reviews, rather than major site plan reviews, were the
Rite-Aid project on East Chapman Avenue and a project in an industrial area where an outdoor
storage area was moved into a newly-constructed warehouse facility. Councilman Slater
commented that he could not recall whether the Planning Commission had made changes to the
Rite-Aid project, which is very visible and prominent in East Orange, but that he had no
objection to their review of the project.
Mayor Coontz expressed concern with the proposed change, noting that Ride-Aid was a difficult
site. The street widening took a lot of the property. The widening of Chapman and Main may
continue to take its property. Can any criteria be added to the amendment? The Planning
Manager explained that the City would need to make a finding that there is a potential significant
environmental affect above and beyond what is considered an exemption. This amendment was
incorporated primarily because the State provides a CEQA exemption for this kind of site.
Mayor Coontz commented that Item No.1 needs to be further discussed.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carole Walters, (address on file), commented the entire amendment should be continued.
MOTION - Slater
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
May 9, 2000
13. PUBLIC HEARINGS (Continued)
Moved to: Find that this project is categorically exempt from the provisions of the California
Environmental Quality Act, per State CEQA Guidelines, Section 15305; and 2) approve
Ordinance Amendment 2-00 as outlined in Planning Commission Resolution No. PC-23-00, with
the suggested changes to Item NO.8. The motion is to include Item Nos. 2-12, with Item No.1
to be continued for more information.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
The City Council adjourned at 7:30 p.m. to an Adjourned Regular Meeting to be held on
Tuesday, May 23, 2000 at 3:30 p.m. in Conference Room C to discuss the Santiago Hills II
Project.
C4./"A<A2Vril~.r.A AT
CASSANDRA 1. ATHCART, CMC
CITY CLERK
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/ JOANNE COONTZ /
MAYOR 1/
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