10-12-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON OCTOBER 26, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 12, 1999
The City Council of the City of Orange, California convened on October 12, 1999 at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
--
4:30 P.M. SESSION
I.
OPENING
1.1
INVOCATION
Pastor Robert Dargatz, Immanuel Lutheran 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
John Stratman, Pacific Bell, Director of External Affairs for Orange County, presented a
check in amount of $4,000 to the City for the successful Concerts in the Park series.
Mayor Coontz made the following announcements:
. The first time celebration of the nationwide event promoted by Mayors Across the
Nation, Walk Your Children to School Day was held in the City of Orange on
October 6, 1999. Taft Elementary and Palmyra School children and City of Orange
Police Department participated.
. The Chapman Law School Dedication will be held October 20, 1999 at 2:00 p.m.
Supreme Court Justice Clarence Thomas will be the inauguration speaker.
. The 28th Annual Mayor's Prayer Breakfast will be held on October. 21, 1999 at 7:30
a.m. at the Phoenix Club.
-.
. The "Scare Away Hunger" Community Food Drive will be held on October 28, 1999,
sponsored by Second Harvest of Orange County and supported by the City of Orange
and numerous civic and religious groups. The City is challenged to collect one
million pounds of food.
. The City, in cooperation with the Downtown Orange and Business and Professional
Association, will sponsor the Trick or Treat through the Streets Harvest Fest in Old
Towne Orange on October 28, 1999 from 4:00 p.m. to 7:00 p.m.
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CITY COUNCIL MINUTES
October 12, 1999
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
. The KLOS Radio Mark & Brian Halloween Parade will be held on October 29, 1999
at 7:30 a.m.
---
2.
PUBLIC COMMENTS
Tape 358
Carole Walters, (address on file), said signatures are being obtained from individuals who
do not want the bricks removed in the Plaza quadrants. Has the City received any monies
from the bankruptcy?
The City Attorney responded approximately $900,000 was received in a lawsuit filed on
the Treasurer's Performance Bond and approximately $1 million from a lawsuit filed
against KMPG Peat Marwick. Final distribution anticipated in November should enable
the City to recoup all of its principal losses.
Linda Hayes, 164 N. Stevens, representing citizens of west Orange potentially impacted
by OCTA's CenterLine project. A copy of a no-build petition with 628 signatures, the
original being mailed to OCTA, was presented to the City Clerk for the official record.
Concerns were expressed with being uninformed of the Draft Environmental Impact
Report (DEIR) and community meetings; trains and stations a few hundred feet from
businesses and residents front doors; increased crime; multi-year construction; street
closures and diversions; loss of business; increased accidents; adversely impacted
emergency response; increased noise and litter; parking problems, and potential HazMat
spills. The DEIR says the neighborhood would have no direct adverse impact. Council
was urged to support the no build alternative and to exhort OCTA to take the CenterLine
project to the voters, with full disclosure of the entire 87 mile potential alignments, all
impacts and implications, and all funded and operational costs issues. Ms. Hayes
expressed concern regarding the Chapman/Main alignment. (T2200.1.4.D)
Mayor Coontz responded the Chapman/Main alignment is an issue of great concern. By
state and federal law, Orange County Transportation Authority (OCTA) has to show
alternative routes. The City Manager sent a letter to OCTA dated December 15, 1998
expressing opposition to any further studies if the Chapman alignment, under any
circumstances, was presented by OCTA, and stated the reasons and objectives.
Mayor Coontz made a presentation on January 25, 1999 before the OCTA Board in
Orange indicating this was an issue of great concern. The rail alignment proposed on
Chapman between Main Street and the SR-57 is objectionable; and that it would have a
negative impact on the business community along west Chapman. Supervisor Coad, a
member of the OCT A Board representing Orange also indicated it would have a negative
impact on the residential areas.
Mayor Coontz commented with the introduction of light rail it will seriously restrict
access opportunities for the existing strip commercial, will eliminate left turn movements
in and out of the commercial, and additional right-of-way will be taken to accommodate
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2. PUBLIC COMMENTS (Continued)
the rail. The new street cross section will significantly reduce the size of the parcels. The
very small commercial parcels will not be suitable for any serious transit oriented high
density development. Mayor Coontz encouraged individuals to write directly to OCTA,
550 S. Main Street, Orange, CA 92868 with their objections no later than October 25,
1999 so their comments could be included in the draft environmental impact report. The
City Council will hold a public hearing on November 23, 1999 at 7:00 p.m. to address
this issue.
The Director of Public Works indicated the alignment that OCTA selects for
consideration by their Board on November 8, 1999 will be presented to the City Council
for appropriate action at the November 23, 1999 meeting.
Speaking in opposition to the light rail system:
Barbara DeNiro, (address on file)
Dennis and Linda Walkwitz, 132 N. Jewell Place
Lois Barke, 2022 Spruce
Mara Brandman, 7319 Equitation Way, thanked Councilman Murphy and the City
Attorney for assisting a resident desiring cable access to property located in a cul-de-sac.
Although the East Chapman Improvement Committee has been disbanded, she asked
Council to continue consideration of an east Orange committee.
3.
CONSENT CALENDAR
Tape 836
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 12, 1999 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 of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated September 23 and 30,
1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 28 and
Joint Adjourned Regular Meeting, September 29, 1999.
ACTION:
Approved.
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October 12, 1999
3. CONSENT CALENDAR (Continued)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Professional Service Agreement between the City of Orange and Major League
Softball, Inc., for adult softball services. (A2100.0 AGR-1725.B)
SUMMARY: Approval of a three year Agreement between the City and Major League
Softball, Inc., in the amount of $62,000. The existing agreement expired September 1,
1999. Major League Softball, Inc. administers the City's adult softball program for
which the contractor provides umpires and scorekeepers.
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf ofthe City.
FISCAL IMPACT: Funds are available III Account No. 100-7014-427800 (Other
Contractual Services) - $62,000.
APPROPRIATIONS
3.6 Authorization of Receipt of $5,000 Grant from the California State Library (Federal
Library Services and Construction Act Funds). (C2500.l)
SUMMARY: The Orange Public Library applied to the California State Library (Federal
Library Services and Technology Act) for a $5,000 grant to purchase young adult books,
magazines and books on tape.
MOTION: Authorized receipt of $5,000 grant from the California State Library and
appropriated $5,000 to Account No. 100-2001-443101 (Library Books).
FISCAL IMPACT: The grant award of$5,000 will augment the Library's book budget.
BIDS
3.7 Award of Bid to Bremco Construction and Five Star Homes for Temporary Fire
Facilities. (A2100.0 AGR-3355)
SUMMARY: A Temporary Fire Apparatus Facility and Temporary Fire Station Facility
have been budgeted as part of the Fire Station No.8 project.
ACTION: Awarded Bid No. 989-31 to Bremco Construction in the amount of
$40,389.00; awarded Bid No. 989-32 to Five Star Homes in the amount of $72,995.00;
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
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3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $113,384.00 are available in Account No.
562-3021-481200-2683 - Fire Facilities Area "C" (Temporary Fire Station No.8).
--
3.8 Purchase of an Urban Search and Rescue (USAR) vehicle from Seagrave Fire
Apparatus Company. (C2500.H)
SUMMARY: Purchase of an Urban Search and Rescue (USAR) vehicle for the Fire
Department on a sole source basis.
ACTION: Authorized purchase of an Urban Search and Rescue (USAR) vehicle from
Seagrave Fire Apparatus Company in the amount. of $637,580. and authorized the City
Manager to surplus the replaced units at an auction.
FISCAL IMPACT: Sufficient funds in the amount of $637,580. are available in Account
No. 720-5023-472102 (Vehicle Replacement Fund).
CLAIMS
3.9 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages: (C3200.0)
a. Charlotte Roehm
b. Walter Gustafson
c. Kathy Stevens
d. Gardenhouse HOA
FISCAL IMP ACT: None.
ACTION: Denied Claims and First Amended Claim for damages and referred to City
Attorney and Adjuster.
CONTRACTS
3.10 Three Bridge Seismic Retrofit project over the Santa Ana River at Garden Grove
Boulevard, Orangewood Avenue, and Taft Avenue. (A2100.0 AGR-2846)
--
SUMMARY: The County of Orange Public Facilities and Resources Department has
completed a construction of the bridge seismic retrofit work for the City of Orange. This
report is a request for approval of the County's final construction costs including change
orders.
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3. CONSENT CALENDAR (Continued)
ACTION: Approved final changes to construction contract and final construction costs
for 3 Bridge Seismic Retrofit project as administered by the County of Orange Public
Facilities and Resources Department per City-County Cooperative Agreement No. D97-
073.
FISCAL IMP ACT: No fiscal impact on the City's Capital Improvement Program budget.
All construction costs are included in the State of California Seismic Retrofit Program.
QUITCLAIM DEED
3.11 A recommendation to quitclaim to the State of California, Department of
Transportation an abandoned SA VI well site. (D4000.0)
SUMMARY: The Mayor and City Clerk are requested to quitclaim former Santa Ana
Valley Irrigation Company (SA VI) Well #17 located on LaVeta Avenue near the 55
Freeway in order to allow Caltrans to properly destroy the abandoned well as part of the
State's freeway construction.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMP ACT: None. All construction costs are included in the State of California
Seismic Retrofit program.
RATIFICATION OF DECLARATION OF EMERGENCY
3.12 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approve.
RESOLUTIONS
3.13 RESOLUTION NO. 9181 (C2500.M.16.1 LLN-99-5)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 99-5 adjusting lot lines of certain real property situated at 284 North Donneybrooke
Street in the City of Orange, County of Orange, State of California.
Owner: The Bayati Family Trust
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 9182 (C2500.P)
A Resolution of the City Council of the City of Orange expressing appreciation to
Guadalupe A. Elizondo of the Orange Water Department and commending him for
twenty-five years of loyal and dedicated service.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9183 (C2500.M.15)
A Resolution of the City Council of the City of Orange approving an application for
1999-2000 grant funds from the Urban and Community Forest Program under the Trees
for the Millennium Initiative.
The Director of Public Works explained the State periodically provides additional grant
funding, which will allow the City to plant approximately 400 trees over an 18 month
period.
Discussion: Barbara DeNiro, (address on file), expressed concerns with tree
maintenance, placement, etc. and asked several tree related questions.
Councilman Slater commented on his assistance with planting 17 trees across from
Orange High School, which will improve the look of the street. Chapman University
adjoins the property and will maintain the parkway and install an irrigation system.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
(REMOVED AND HEARD WITH AGENDA ITEM NO. 5.1)
3.16 RESOLUTION NO. 9184 (S4000.SA)
A Resolution of the City Council of the City of Orange temporarily closing sections of
Glassell Street, Chapman Avenue, Lemon Street and Maple Avenue immediately
abutting the "Plaza" area of the Downtown Business District, and temporary suspension
of permit parking requirements within "Area A" (Downtown Area) for a Special Event
from 12:00 Midnight thru 12:00 Noon, October 28-29, 1999. Event: KLOS Radio and
the Mark & Brian Morning Show
Note: Councilman Alvarez abstained on Item No. 3.16 due a potential conflict of interest
with property located 131 S. Glassell Street.
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3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to approve.
3.17 RESOLUTION NO. 9186 (C2500.E)
A Resolution of the City Council of the City of Orange commending William J. Little,
City Manager of the City of Camarillo on his retirement from 32 years of public service.
ACTION: Approved.
SPECIAL EVENTS
3.18 Request for temporary suspension of permit parking restrictions within "Area A",
(downtown area). (S4000.S.3.1.2)
SUMMARY: Old Towne Preservation Association will host a home tour on Saturday,
October 16, 1999 and Sunday, October 17,1999. Due to anticipated attendance it may
be necessary to park in the surrounding residential neighborhood which restricts on-street
parking except by Permit.
ACTION: Approved.
FISCAL IMPACT: None.
3.19 Request for temporary suspension of permit parking restrictions within "Area A",
(downtown area). (S4000.S.3.1.2)
SUMMARY: Chapman University will hold a dedication ceremony for their new law
school building. Due to anticipated attendance it may be necessary to park in the
surrounding residential neighborhood which restricts on-street parking except by Permit.
This event is scheduled for Wednesday - October 20, 1999.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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October 12, 1999
3.
CONSENT CALENDAR (Continued)
-
Items Nos. 3.15 and 3.16 were removed and heard separately. Councilman Alvarez
abstained on Item No. 3.16. The remainder of the Consent Calendar was approved as
recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz reported the City's efforts at this point have been to strategize how the City will
be communicating with the south county cities. The City Manager has been asked to meet with
Bob Dunek, City Manager of Lake Forest. Subsequent to his meeting, Mayor Coontz and
Councilman Murphy will meet with south county representatives. The City has been through the
long legal process of trying to prevent the County of Orange from enlarging the Theo Lacy jail.
Prisoners being released into the area was one of the many issues the City resolved. The City
had a Gentlemen's Agreement with the Board of Supervisors. Legally the decision made by the
Board of Supervisors at that time not to allow another jail in the City of Orange cannot be
adhered to with a new Board. Many people in south county do not realize the vast area to the
east of Orange has already been designated for future development of the City of Orange. This
issue will be discussed further in Closed Session.
Councilman Alvarez commented on how quickly the south county cities have moved on the EI
Toro airport issue, stressing the importance of the City moving quickly in the decision making
process of the jail proposal in east Orange.
Mayor Coontz further commented that the Clean and Healthy Communities Initiative will not
protect the City of Orange from a jail site in east Orange.
5.
REPORTS FROM COUNCILMEMBERS
Tape 1164
5.1 Report from Councilman Murphy announcing the Mark & Brian Halloween
Parade.
Note: This item was heard in conjunction with Consent Calendar Item No. 3.16.
Councilman Murphy reported Mark and Brian from KLOS Radio are bringing the parade back to
the City of Orange. KLOS Radio has spent an inordinate amount of time promoting the parade
and other events going on in the City. The parade will run from 7:30 a.m. until 10:00 a.m. on
Friday, October 29th. KLOS will broadcoast live from the City of Orange from 6:00 a.m. to
10:00 a.m. The parade route will run from Chapman Avenue through the Plaza onto Glassell
Street. Applications for a float or participation in the parade can be obtained by calling 1-800-
955-5567. Float applications can be downloaded on the KLOS Radio web site at
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5. REPORTS FROM COUNCILMEMBERS (Continued)
www.955klos.com. The deadline for receiving applications is Friday, October 15th. The parade
was last held in the City in 1995.
Carole Walters, (address on file), commented that appropriate language should be used by Mark
and Brian at the parade. Business owners in the Plaza are impacted by street closures.
Councilman Murphy responded the Plaza was already closed on this date and time. KLOS Radio
will pick up expenses ordinarily borne by the City, i.e. Trick or Treat through the Streets. The
parade will hopefully bring 8,000 - 10,000 people to the Plaza area which could benefit
businesses that are open.
Mayor Coontz commented the contract with KLOS Radio and Mark and Brian will be on the
October 26, 1999 agenda for Council's approval.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1440
6.1 Appointment to the Orange Public Library Board of Trustees. (Continued from
September 14, 1999). (C2500.I.l)
William Warne, 1208 E. Adams, Chairman of the Orange Public Library Board of Trustees,
implored Council to take action on this item.
Councilman Alvarez expressed concern to Mr. Warne with the awkward position staffwas put in
at the last Board of Trustees meeting. Mr. Warne apologized for any misunderstanding,
indicating his concern is for the status of the Board's membership. He merely was asking for a
legal determination on the issue.
Carole Walters, (address on file), expressed support for Carolyn Cavecche being reappointed.
Mara Brandman, 7319 Equitation Way, commented on membership and the appointment process
for Boards and Committees. Council was urged to move ahead and reappoint Carolyn Cavecche
to the Board.
Mayor Coontz moved to appoint Patricia Welch to the Orange Public Library Board of Trustees.
Motion failed for lack of a second. Mayor Coontz moved to appoint Karen Herrera to the
Orange Public Library Board of Trustees. Motion failed for lack of a second.
Mayor Coontz commented that she recognizes Ms. Cavecche's abilities, but due to her long
service on the Board, a change needs to be made.
Councilman Slater commented that two fine individuals were nominated by the Mayor to serve
on the Board. However, since Carolyn Cavecche has done a good job on the Library Board and
has expressed a strong willingness to serve, he would like her to continue to participate.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Councilman Murphy commented that individuals need to be recognized and their efforts
rewarded. More than a difference in political opinion needs to be assessed before someone is
--- removed. He supports the reappointment of Carolyn Cavecche to the position.
Councilman Alvarez concurred with the comments made by Councilman Slater and Murphy.
Mayor pro tern Spurgeon commented that he would have abstained if a second had been made on
the Mayor's motions because he would not have voted against the Mayor's recommendation.
The Mayor has to make the appointment which Council ratifies.
7.
ADMINISTRATIVE REPORTS
Tape 1995
7.1 FINDING OF PUBLIC CONVENIENCE AND NECESSITY
Request to determine whether the issuance of a new license to sell pre-packaged alcoholic
beverages, from a retail market, serves the interest of Public Convenience and Necessity, as
required for license approval by the State Alcoholic Beverage Control Board. (Continued
from September 14, 1999). (P1300.0.2)
SUMMARY: Mr. K's is a specialty market located at 1100 W. Chapman Avenue (southwest
corner of Chapman Avenue and Lime Street). The Planning Commission reviewed and approved
a request to sell pre-packaged beer and wine through Conditional Use Permit 2296-99. City
Council action is required by Section 23958.4 of the California Department of Alcoholic
Beverage Control.
FISCAL IMP ACT: If approved, an undetermined amount of retail sales tax revenue may be
generated by applicant sales. The applicant paid a filing fee to offset city personnel costs in
processing this request.
Mayor Coontz noted this item was continued in order to provide the applicant the opportunity to
respond to questions and concerns raised at the September 14, 1999 meeting. The Director of
Community Development commented that at Council's request, notices were sent out to the
surrounding property owners.
Sami Odeh, 2249 N. Tustin Avenue, commented concerns with safety and concentration is also
the property owners concern. The business has changed since the initial application over three
years ago which the Police Chief denied. The business is now a 100% specialty grocery store,
with emphasis on items consumed largely by the Spanish community. At the September 14,
1999 meeting in which his item was continued, Council made a finding of public convenience
and necessity for Rite Aid Corporation, located at the southwest corner of Chapman Avenue and
Esplanade Street. Mr. K's has been in business as a market for over four years with a clean
record. The owners are good, responsible business people. The building is one of the cleanest
and better looking grocery stores of its size in the City. The Police Department has no objection
to the application. Not approving a finding of public convenience and necessity would be
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7. ADMINISTRATIVE REPORTS (Continued)
discriminatory and unfair to business people. The market serves a need, especially for the
community south of Chapman Avenue.
Speaking in favor:
Jim Webb, 1124 W. Chapman Avenue
John Aguirre, 362 Parker
Reasons: Market is convenient and not detrimental to safety.
Speaking in opposition:
Donice Oden, 173 S. Lime Street
Pam Petersen, 172 S. Lime Street
Kristen Aiello, 140 N. Lester Drive
Concerns: Safety concerns; over concentration of liquor sales in the area; trucks parking on the
street; liquor being sold one block from a school; and alcohol sales contribute to driving under
the influence (Dill's).
ApPLICANTS RESPONSE:
Sami Odeh responded the owners have children and are concerned for their safety. Delivery
trucks are encouraged to park in the parking lot. However, they sometimes park on the street for
no more than five or ten minutes. Beer and wine would not occupy more than 2% of the store
space.
COUNCIL COMMENTS:
Councilman Slater commented the RiteAid approval at the September 14th meeting was to
replace a liquor store torn down at Chapman Avenue and Esplanade Street and not to add a
liquor license. He reiterated his opposition to the issuance of an ABC license as expressed at the
September 14th Council meeting. 1) There is no finding of public convenience and necessity at
the location; 2) the Planning Commission approved Conditional Use Permit 2296-99 on a 2-1
vote; 3) the market is not an example to the neighborhood; 4) according to Police Department
analysis, the tract lists Part I crimes and Part II arrests at 359, which is more than 20% over the
average, making it a high crime area in Orange; and 5) the area already has an over concentration
of beer and wine licenses. His main concern is that the business is not an example of what the
businesses on west Chapman should look like. The Planning Commission was also concerned
with the parking lot planting areas not being maintained, weeded, planted, and watered properly;
the trash bin was many times out of its enclosure; and there is too much signage.
"
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7. ADMINISTRATIVE REPORTS (Continued)
Councilman Alvarez asked what the police record is at the location? The Police Chief responded
one disturbance call was made to the market in the last three years.
-
Mayor pro tern Spurgeon expressed concern with the proliferation of small convenience stores,
most which sell liquor. Once liquor is introduced, they become magnets for service calls. The
City has a vision for west Orange.
Mayor Coontz commented this is a difficult issue, as she has promoted improvements to west
Orange since 1976. Concern was expressed with how merchants will be helped to improve
future projects. A survey may need to be done of how many businesses on west Chapman sell
liquor. Many people in the area walk to the store because they do not have vehicles. This is a
different part of the community in a different cultural and income situation.
Councilman Murphy commented he could not support adding an additional license in the area. If
an ABC license were to lapse or a business go out, he could consider it, as was the case with
RiteAid.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to make a finding that public convenience and necessity will not be served by issuing
Alcoholic Beverage Control Type 20 off sale beer and wine license for a market at 1100 West
Chapman Avenue.
MAYOR COONTZ COMMENTED FOR THE RECORD: "I am not voting for this for personal reasons. I
look at this as just a general problem that we have, so we are not focusing on anyone applicant.
I do hope that we look at the situation just as we did at one time on a number of drive through
restaurants, also look at the situation regarding these types of establishments. I am not preferring
one over the other. I think that these people are struggling. They are obviously managing to
create a strong business. The big problem, I think, as I said before, is what you do in the interim
when you have existing businesses in that area that are operating well and are addressing a need,
and then you might want to make changes in the future."
7.2 Amendment to Legal Services Agreement with the Law Firm of Beam, Brobeck &
West - Vista Royale. (A2100.0 AGR-2904.2) Tape 3418
SUMMARY: The City has an agreement with Beam, Brobeck & West for an amount not to
exceed $250,000 to provide legal services in connection with lawsuits filed due to the Vista
Royale slide. That amount has been expended and the City Attorney is requesting that an
additional $200,000 be appropriated for continued legal services.
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7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMPACT: Funds to be appropriated from unreserved balance in the sum of $200,000.
The City Attorney presented the report.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $200,000 from the Self Insurance Fund unreserved fund balance to
Account No. 740-0301-426100-00106 and approve and authorize the Mayor and the City Clerk
to enter into an amendment to the agreement with Beam, Brobeck & West on behalf of the City
in an amount not to exceed $450,000..
7.3 Report from the Director of Public Works on the Geotechnical Consulting Contract
with AGRA Earth and Environmental, Inc. (A2100.0 AGR-2944.3)
SUMMARY: Current funding for the monitoring of ground movement is nearly depleted.
Additional funding for Phase II of geotechnical consulting contract is needed to continue the
monitoring and geotechnical investigation and authorization to amend the contract with AGRA
Earth and Environmental, Inc. to continue monitoring of ground movement at Vista Royale and
Peralta Point developments.
FISCAL IMPACT: Funds in the amount of $200,000 to be appropriated from unreserved
balance.
The Director of Public Works presented the report.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate additional funding in the amount of $200,000 to Account No. 100-5012-
426700-4990-00106 (Consulting ServicesNista Royale) and authorize the Mayor and City Clerk
to execute amendments to the existing contract with AGRA Earth and Environmental in
increments of $1 00,000.
8.
CITY MANAGER REPORTS
Tape 3576
8.1 Status on Pitcher Park. (C2500.Mo4.16)
The Director of Community and Library Services explained this report was generated due to
concerns voiced by residents living around and adjacent to Pitcher Park through a petition
submitted by Roger Young at the September 28, 1999 meeting. The City has assigned a nineteen
(19) hour maintenance worker at the park to maintain the landscape and hardscape areas and will
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October 12, 1999
8. CITY MANAGER REPORTS (Continued)
assign a skilled maintenance worker on an as-need basis to help in the general upkeep of the
park. The department has not received many complaints regarding the general maintenance of
the park. A contractor was hired to re-paint the barn of color similar to the sun-faded redwood
stained color. A majority of the foundation members support the new barn color. However, an
attempt can be made to restore the barn back to its original color.
Mayor Coontz indicated it was suggested to her that the President of the Pitcher Park Foundation
Board be contacted to get the board together to provide an update on activities. Mayor Coontz
and Councilman Slater serve as ad hoc members. The City needs to follow up to a foundation
members suggestion that a landscape maintenance calendar be put together by someone who
understands the plant growth in Pitcher Park in order to maintain the plants to their optimum.
Councilman Alvarez asked if the problems at Pitcher Park were caused by vandalism or over
use? The Director of Community and Library Services indicated items such as the chips in the
tiles, seating tables, missing door handles, and broken grout around the flag pole have been
repaired, or are scheduled for repair by the end of the week. The Pitcher Park Foundation will
reconvene to access what future activities will be planned for the park. The Police Chief
indicated there is regular patrol of the park between 11 :00 p.m. and 1 :00 a.m. Scheduled events
are held at the park which is used on a regular basis.
Mayor Coontz asked whose purview it is to work with the Pitcher Park Foundation? The
Director of Community and Library Services responded the Recreation Supervisor is liaison to
the foundation.
Roger Young, (address on file), thanked Council for repairs made at the park, indicating a lot of
damage was caused by vandalism. The Police Chiefwas thanked for the added patrol at the park.
It was requested that the barn be repainted to its original color in 1992 when the park was built.
A major problems is funds that have been cut for park maintenance and library services.
Carole Walters, (address on file), referred to December 15, 1989 minutes regarding Pitcher Park
committee members and requested the color of the barn be restored to its original color. Mayor
Coontz responded that new members to the corporate board have been added since that time.
-
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz. Spurgeon, Alvarez
Moved to receive and file the report.
PAGE 15
CITY COUNCIL MINUTES
October 12, 1999
9.
LEGAL AFFAIRS
Tape 4045
9.1 ORDINANCE NO. 21-99 (A2500.0 Truck Routes)
An Ordinance of the City Council of the City of Orange amending Chapter 10.66 of the Orange
Municipal Code relating to the designation of truck routes in the City.
MOTION - Alvarez
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 21-99 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 6:35 to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (one potential case): Siting of
County Jail in Orange's Sphere oflnfluence
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation.
1. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02 84
2. Barbara 1. Singer vs. Orange Hills Baptist Church, et aI., Orange County Superior Case No.
800690
c. 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 of
Terms
d. Conference with labor negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Steven Pham; Employee Organizations: All City Groups (This item was not
discussed).
e. 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 ofthe matters will not be considered in Closed Session.
PAGE 16
CITY COUNCIL MINUTES
October 12, 1999
7:00 P.M. SESSION
PRESENTATION
Tape 4141
-.
Al Pollack, Umpire and Chief for Central Orange Bobby Sox, presented certificates to twelve
girls recognized as National Champions at the National Fastpitch Softball All Star Tournament.
12.
PUBLIC COMMENTS
Tape 4454
Mayor Coontz reiterated comments made at the 4:30 p.m. session regarding OCTA's CenterLine
Project.
Spoke in opposition to OCTA's CenterLine Project:
Dee Hutchinson, 442 S. Crest Road
Jennifer Christian, 155 N. Stevens Street
Patricia Dougherty, 130 N. Flower Street, urged Council to request OCTA to use the no build
option.
Lois Barke, 2022 Spruce
Reasons: OCT A's lack of notification or notification not received in a timely manner; OCTA
did not communicate its plan; residents were misinformed; OCTA's poor public relations; light
rail does not solve urban transit problems and is not a good use of $104 billion; light rail does not
address the diverse needs of increasing senior population; impact on property values, quality of
life, and ongoing construction for 5-7 years; the City should respond to their needs.
Mayor Coontz and Councilmembers concurred with the concerns expressed by the residents and
expressed support in their fight against OCTA's proposed CenterLine project. Councilman
Slater indicated OCTA wants the project to happen, which can only be justified with ridership
projections. Residents need to be as vigilant as the City will be in fighting the project.
Mayor Coontz asked what the City can do to provide notification to the community prior to the
November 23rd public hearing? An explanation was requested of the process involved.
-
The Director of Public Works suggested notification be sent 1,14 mile north of Chapman Avenue,
1,14 mile east of Main Street, 1,14 mile south of La Veta Avenue, and 1,14 mile on either side of The
City Drive. On November 8, 1999 OCTA will release their preferred alignment for the Board's
consideration. There could be variations or alternatives proposed at that time. On November 23,
1999 at 7:00 p.m. the City Council will consider support of the proposed alignment or could
choose to support the no build option. On December 13, 1999 the OCTA Board will consider the
alignment and take action on whether to proceed to the next phase, which is the preliminary
engineering phase necessary to generate more detailed information for the preparation of the final
environmental document. December 13th is the key date as to whether the OCT A Board will
PAGE 17
CITY COUNCIL MINUTES
October 12, 1999
12. PUBLIC COMMENTS (Continued)
proceed any further with the project. OCTA needs to get to an approximate 35% level of design
completion in order to do the detailed environmental evaluation necessary for the project, which
would probably commence in the March or April, 2000. The final action on the environmental
documents would follow the design period, another six months to a year.
Mayor Coontz requested a timeline be prepared, included in the mailed notification, and made
available to the public. Councilman Murphy suggested the timeline also be included on the
City's web site.
In response to concerns, the Director of Public Works further explained December 13th would be
the key date for the OCT A Board to decide whether they will proceed any further with the
project. OCTA has invested approximately $6.5 million in the project to date; the next phase is
estimated at approximately $30 million. It is not expected that OCTA will take an affirmative
action to approve the project and move ahead, as the California Environmental Quality Act and
National Environmental Protection Act must first be complied with. The Board could take action
on December 13th to not proceed with the project.
********
Expressed concern with construction problems at ChapmanlMain:
Shelley Perras, 1441 Chapman Avenue, (Fantastic Sams) (S4000.S.3)
John Hong, 1443 W. Chapman Avenue, (John's Beauty Supply)
Linda Dang, 1445 W. Chapman Avenue, (Video Mart)
Barbara DeNiro, (address on file), commented on two incidents she has witnessed which were
caused by construction projects.
Reasons: Blocked driveways; negative impact on business; lack of supervision of contractors;
contractors work too slow; construction is taking too long.
The Director of Public Works indicated the private contractor has done work for the City in the
past. It is anticipated construction will be completed by October 31, 1999. Two memorandums
were addressed dated October 12, 1999 prepared by Public Works staff relative to complaints
received from Fantastic Sams and follow-up action taken. Information has been provided
through the City's Public Relations Officer on the project.
Mayor Coontz commented that supervision and communication with the business owners is
needed.
PAGE 18
CITY COUNCIL MINUTES
October 12, 1999
13.
PUBLIC HEARINGS
Tape 6920
13.1 ORDINANCE AMENDMENT 5-99; NEGATIVE DECLARATION 1607-99;
LARGE FAMILY DAY CARE FACILITIES (A2500.0 AMD-5-99)
-
Time set for a public hearing to consider a proposal to amend the City Zoning Ordinance relating
to allowing large family daycare homes on properties zoned R-l in compliance with State Law.
NOTE: Negative Declaration 1607-99 was prepared to evaluate the environmental impacts of
this project.
The Director of Community Development reported large family daycare homes are defined by
State law as homes that provide care for nine (9) to fourteen (14) children for a less than 24 hour
basis in a single-family residence. The homes are allowed in R-l single family residential zones
and subject to a limited set of conditions which relate only to separation from other day care
facilities, traffic control, parking, noise, and regulations adopted by the State Fire Marshal. State
law requires that a non-discretionary permit be issued. Cities have the option of one of three
processing methods: 1) approval by right; 2) subject to limited State conditions (administrative
approval); or 3) require a use permit subject to a public hearing and the same limited conditions
allowed by the State. Since the State law was adopted in 1984, the City has opted to require the
use permit option, which at times has created difficult situations, since the City has very limited
discretion in approving large family day care homes. Rather than to raise expectations of
neighborhoods by conducting hearing with limitations, it has been suggested the State criteria be
codified. If the proposal complies with the criteria, it would be approved. Criteria that large
family day care homes must comply with are as follows:
1) The business be operated in a single-family residence on property residentially zoned.
2) No other licensed large-family day care home be located within 600 feet of the exterior
property boundaries of the proposed home.
3) The Noise Ordinance of the OMC (Chapter 8) be complied with at all times, and hours of
outdoor play activities shall only be permitted between the hours of 8:00 a.m. to 8:00 p.m.
4) Two enclosed parking spaces must be maintained for parking purposes only.
5) The facility shall be licensed by the State's Department of Social Services.
6) The facility shall comply with State Fire Marshal standards for large-family day care
facilities.
7) No sign advertising the business shall be allowed.
8) Compliance with all development standards for single-family residential structures IS
- required.
9) Submit a site plan identifying pedestrian access to/from loading area shall be provided.
Mayor Coontz asked how the changes compare with other cities? The Director of Community
Development responded a summary of comparisons taken of other cities in the County is
included with the agenda report. It is proposed the separation between large day care facilities be
600 feet. Most cities use the 300 foot separation. However, the larger the separation between
facilities, the more risk for potential litigation.
PAGE 19
CITY COUNCIL MINUTES
October 12, 1999
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez asked which department is responsible for ensuring compliance with the
conditional use permit? Which department does an annual inspection? Mayor Coontz responded
the Fire Marshal performs inspections.
Barbara DeNiro, (address on file), expressed concern with the notification area being limited to
100 feet and difficulty in finding the location of the present day care facilities on the map
included with the background staff information. Are enclosed parking spaces maintained? Are
the required on-site parking spaces monitored by the Fire and Police Department currently being
adhered to? How many attendants are required at the facility? Do the facilities have the same
traffic and parking requirements as single-family residences in the City?
The Director of Community Development responded the 100 feet radius from the outside
boundary of the day care facility is set by State law. The purpose of the map is to show the
general location of large day care facilities within the City. Approximately twenty-five (25)
family day care homes are currently licensed in Orange, which are widely spread throughout the
City. Two enclosed spaces are required for parking. Inspections are made if complaints are
received from neighbors.
Councilman Alvarez expressed concern and asked if Council has the discretion to increase the
notification area? The Director of Community Development explained that in 1984 the City
opted to have a modified conditional use permit process, using the State's 100 foot radius
requirement at the time. It is proposed that this be an administrative approval process, which
would not include notification. State law regulates these day care facilities. The City has no
discretion. As much regulation is being imposed as possible, without misleading neighborhoods
into thinking the City has more discretion than exists.
Mayor Coontz commented Council needs to be made aware once a year of proposed changes to
State law on these types of facilities.
Bob Bennyhoff, 10642 Morada Drive, urged Council to approve the recommendation and not
notify the neighborhoods, as he encountered a similar situation in Orange Park Acres in the
Broadmoor area in which the neighborhood was notified.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Negative Declaration 1607-99 and Ordinance Amendment No. 5-99 as
outlined in Planning Commission Resolution No. PC-51-99..
PAGE 20
CITY COUNCIL MINUTES
October 12, 1999
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 8:37 P.M. AND RECONVENED FROM CLOSED
SESSION AT9:47 P.M.
The City Council adjourned at 9:47 p.m.
~$J~/..uC
CASSANDRA J. CA CART, CMC
CITY CLERK
/
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PAGE 21