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09-28-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON OCTOBER 12, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 28, 1999 The City Council of the City of Orange, California convened on September 28, 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 1. OPENING 1.1 INVOCATION Pastor Millie Britt, Zion Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Spurgeon 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Tape 203 Employee Recognition Service Awards were presented to Lolita Booth, Susan Craft, Craig Koki, Simone Mueller, Dave E. Smith, Carol Ellwood, Sarah Kenyon and Michael Harper (Police); Anita Holland and Christopher Carnes (Community Development); Paul Haaker (Fire); Roger Westergard (Water); Colleen Williams (Economic Development); Thomas Steele (Public Works); and Jess Garcia (Community Services). (C2500.J.4.18) A proclamation recognizing "National Walk our Children to School Day", October 6, 1999, was accepted by Sherrill Stone, Crime Prevention Specialist, Orange Police Department. Proclamations were presented to Pablo Diaz, Executive Director of the Highland Street Learning Center and Barry Cottle, Courtyard Garden Apartments. Joe Miller, President of Kiwanis Club of Orange, presented a $2,000 donation to the Orange Police Department. A proclamation was presented to Dan Harvey, Second Harvest Food Bank, recognizing an ambitious food drive entitled "Scare Away Hunger" being held during the month of October with the hopes of collecting one million pounds of canned food items. Mayor Coontz commented the focus is on the City of Orange for its success. PAGE 1 CITY COUNCIL MINUTES September 28, 1999 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) The Assistant Finance Director presented a Certificate of Achievement for Excellence in Financial Reporting Award received from the Government Finance Officers' Association (GFOA) for the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 1998. This is the 12th year the City of Orange has received this award. The Fire Chief recognized Fire Captain Raposa, Fire Engineer Phillips, Firefighter Bryan Hagan, Fire Captain Eggers, Fire Engineer Crockett, Firefighter Fournier, Firefighter Shannon Smith, Firefighter Hussong, and Firefighter Paramedic Houk for their efforts in resuscitating City employee, John Young. 2. PUBLIC COMMENTS Tape 1396 Carole Walters, (address on file), commented on the success of the community meeting on the new trash carts. The City was unprepared for the number of people that attended. Barbara DeNiro, (address on file), expressed concern for a child who did not want to cross Katella Avenue without a crossing guard. If the Orange Police Department has control over crossing guards, how does that cover the children? The City Manager asked Ms. DeNiro to contact his office and she would then be connected to individuals who can explain the program, how it is administered, and the criteria for crossing guards. 3. CONSENT CALENDAR Tape 1597 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of September 28, 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 9 and 16, 1999. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting September 14, 1999. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES September 28, 1999 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.5 Agreement between City and State of California Office of Emergency Services to provide reimbursement to the City for work done to ensure local businesses are Y2K compliant regarding potential hazardous materials releases. (A2100.0 AGR- 3353) SUMMARY: The State of California will reimburse the City of Orange Fire Department to assess the Y2K readiness of the hazardous facilities and handlers in order to protect the public health and safety from the potential Y2K related accidental hazardous material release. ACTION: Approved agreement and authorized Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Potential revenue to the City's General Fund of up to $13,248.00. 3.6 Amendment No.1 to Cooperative Agreement No. 12-356 between the City of Orange and California Department of Transportation regarding the SR-55 Freeway Widening Project. (A2100.0 AGR-3209.1) SUMMARY: Agreement No. 12-356 reimburses the City 100% of the actual cost of the local streets modifications (estimated at $140,000) needed to accommodate traffic detouring activities associated with the SR-55 Freeway widening project. Amendment No.1 to this contract increases the reimbursement amount to the City by $43,000 to a totalof$183,000. ACTION: Authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement No. 12-356 on behalf of the City. FISCAL IMPACT: Agreement No. 12-356 and its Amendment No.1 will provide the City with $183,000 for City services needed to support the SR-55 Fwy. widening project. 3.7 Sewer Agreement: Requests by Gerald and Joyce Cordero, Peter and Agathe Araujo to connect their properties to City of Orange sewer. (A2100.0 AGR-3351; AGR-3352) -. SUMMARY: Gerald and Joyce Cordero, Peter and Agathe Araujo, owners of residential parcels located respectively at 8592 Magnolia Street and 16562 Bixby Avenue in unincorporated areas of the County of Orange, have requested to connect their house sewer laterals to the City sewer main in Magnolia Street. To comply with the City requirements prior to the sewer hook-up, they have executed a sewer agreement with the City of Orange. PAGE 3 CITY COUNCIL MINUTES September 28, 1999 3. CONSENT CALENDAR (Continued) ACTION: Approved the connection requests from Gerald and Joyce Cordero, Peter and Agathe Araujo and authorized the Mayor and the City Clerk to execute the agreements on behalf of the City. -- FISCAL IMP ACT: None. The County of Orange has posted the deposit and paid all fees due for the sewer connections. The property owners of record will pay a sewer charge as stated in the agreement. 3.8 Security Services in the Vista Royale Area. (A2100.0 AGR-3350) SUMMARY: During the month of May 1999, the City Manager in his capacity as Director of Emergency Services ordered the evacuation of five homes in the Peralta Pointe and 10 homes on Vista Crest (Vista Royale) area. The City Council approved an agreement at its regular meeting on July 13, 1999 with Patrol One for security services at the Vista Royale area on a 24-hour basis. ACTION: The City Attorney recommends the following: 1. Terminate agreement with Patrol One; 2. Approve and authorize the Mayor and the City Clerk to enter into an agreement on behalf of the City with Staff Pro Security to provide security services in the Vista Royale area; 3. Appropriate from Self Insurance Fund unreserved fund balance $50,000 to account 740-4011-427800-00106 (Self Insurance-Liability Fund- Police Administration-Contractual Services-Vista Royale). FISCAL IMP ACT: Unreserved fund balance is available in the Liability Fund to make this appropriation. The City is monitoring all emergency expenses pertaining to this issue and will, if possible, seek reimbursement for all costs. 3.9 First Amendment to Consultant Agreement with Meyer and Associates for Hart Park Concession Building. (A2100.0 AGR-3328.1) SUMMARY: The First Amendment in the amount of $9,890 includes a fee increase for additional architectural services due to ADA and design guideline requirements. ACTION: Approved the first amendment to agreement and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Sufficient funds exist in the following accounts: 500-7021-481200- 0027 (Hart Park Renovation): $3,010.28; and 510-7021-481200-0027 (Hart Park Renovation): $6,879.72. Total: $9,890. PAGE 4 CITY COUNCIL MINUTES September 28, 1999 3. CONSENT CALENDAR (Continued) APPROPRIATION 3.10 Donation of funds from Kiwanis Club of Orange and appropriation of funds to purchase additional digital photo equipment for the Police Department. (C2500.K) SUMMARY: The Kiwanis Club of Orange has earmarked a $2,000 donation to the Police Department, and the Department wishes to continue to upgrade its equipment with additional digital cameras and a video camera. The equipment will be used by the Investigation Division to document major crime scenes. ACTION: Appropriated $2,000 to Account No. 100-4031-441600 (General Fund - Police Investigation - Miscellaneous Materials & Supplies). FISCAL IMP ACT: None. 3.11 CLAIMS FOR DAMAGES (C3200.0) The City Attorney recommends that the Orange City Council deny the following Application to Present a Late Claim and Claim(s) for damages: a. Theresa Campbell b. Marvin Buehler c. Wayne Fiducia d. Anna Spiglanin FISCAL IMPACT: None. ACTION: Denied Application to File a Late Claim and claim(s) for damages and referred to City Attorney and Adjuster. 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. 9171 (S4000.S.3.1.2) A Resolution of the City Council of the City of Orange rescinding Resolution No. 9081, and adopting a revised master resolution of permit parking areas within the City of Orange. PAGE 5 CITY COUNCIL MINUTES September 28, 1999 3. CONSENT CALENDAR (Continued) ACTION: Approved. 3.14 RESOLUTION NO. 9178 (S4000.SA) A Resolution of the City Council of the City of Orange temporarily closing a section of Spring Street between Prospect Street and Seranado Street from 6:00 A.M. to 12:00 Midnight on Saturday, October 9, 1999 for a special event. SUMMARY: Orange High School Panther Guard has requested a temporary street closure to accommodate parking of school busses during their band, dance and color guard field tournament at Fred Kelly Stadium. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.15 RESOLUTION NO. 9179 (S4000.SA) A Resolution of the City Council of the City of Orange temporarily closing a portion of Glassell Street between Palm Avenue and University Drive from 9:00 A.M. to 6:00 P.M. on Wednesday, October 20, 1999 for a special event. SUMMARY: Chapman University has requested a temporary street closure to accommodate the dedication of the new law school building. Discussion: Carole Walters, (address on file), commented that businesses should be notified of events prior to being agendized. The Director of Public Works responded it is the applicants responsibility to notify the area residents and businesses. Notification is not typically done before Council's official approval. MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 3.16 RESOLUTION NO. 9180 (S4000.SA) A Resolution of the City Council of the City of Orange authorizing the temporary closure of Batavia Street from La V eta Avenue northerly to Palmyra Avenue, and removing on- street parking from both sides of Batavia Street from La Veta Avenue to Palmyra Avenue from 9:00 A.M. to 4:00 P.M. on Sunday, November 14, 1999 for a special event. SUMMARY: Orange County Ronald McDonald House has requested a temporary street closure to accommodate their lOth Anniversary Celebration in recognition of the ten years of service they have provided to the community. PAGE 6 CITY COUNCIL MINUTES September 28, 1999 3. CONSENT CALENDAR (Continued) ACTION: Approved. - TREASURER'S REPORT 3.17 Monthly Treasurer's Report for the period ending August 31, 1999. (C2500.F) ACTION: Approved. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.15 was removed and heard separately. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 1702 4.1 Update on South County cities proposal to locate a jail in East Orange. Mayor Coontz reported a Joint Study Session with the Planning Commission is scheduled for Wednesday, September 29th at 6:00 p.m. in the Weimer Room to revisit the East Orange Plan, a very extensive and specific general plan which covers much of the 18,000 acres of the City's sphere of influence to the east, the future extension of the City of Orange. The East Orange General Plan took 15 years to study. The final decision cost millions of dollars and thousands of hours. The entire community and elected officials at all levels in the County are invited to attend and revisit the Plan. The jail issue came along when the City was already interested in the future of east Orange. Irvine Company representatives indicated a few months ago that there was no action in the area. In the meantime, it has been understood there has been some consideration of action regarding a jail. The jail issue is not the main reason for the Joint Study Session. - The City Manager indicated he would be reporting in more detail on the jail issue to the Council in Closed Session after the 7:00 p.m. session. Carole Walters, (address on file), asked when a meeting will be held for residents concerning the jail? Mayor Coontz explained it is important that the East Orange General Plan first be reviewed, as it covers schools, trails, churches, residential, commercial, industrial, etc. PAGE 7 CITY COUNCIL MINUTES September 28, 1999 5. REPORTS FROM COUNCILMEMBERS Tape 1867 5.1 Councilman Slater - Development and annexation issues for R. J. Noble property in northwest Orange. (A31 00.0) Councilman Slater reported this project has been progressing over the last six or seven months. It is time for Council to come to a consensus on what the City would like to see developed on the property, so the City can address its concerns and needs to the County, so when the City annexes the property, it is something that the City really wants. The City needs to increase its involvement in light of what the owner is proposing to develop and the inherit problems. The entire process is moving through the County and not the City. The 100 acres will a tremendous impact on the northwest section of Orange and what is developed, the infrastructure, traffic circulation, etc. Residents now have to go to the County to address their concerns and issues. The City's interests need to be represented in the way the Council feels the project should be developed.. The property is zoned as open space and the County General Plan Land Use Designation, taken out of the County's Master Plan of Parks, states that if for any reason a County park is not proved to be viable in this location, the land would be suitable for other uses, i.e., golf courses, fishing, lake, etc., not multiple family houses, pocket parks. Concern was expressed that City staff was not represented at two neighborhood meetings. The City could miss an opportunity to have viable open space and recreational facilities with lighted fields. Five hundred unit apartments are proposed at a density higher than any residential land use currently in the City's pre-zoning options for residential. The applicant proposes to develop the property at an elevation below the level of surrounding properties, including the Santa Ana River. The property would remain in the flood plain; require flood insurance; and a pump lift system would be needed to convey storm water and sewage flows. The City eventually would not want to have this type of infrastructure. The school district has a problem with the proposal of 1300 homes which will require another school site. There is not enough space in the currently designated schools for development of this property. Another concern is what the traffic impact will be in the area. Councilman Slater continued that Supervisor Coad's office has indicated that not much work has been done yet. The City should make a concerted effort to talk to the owner, Paul Cleary, into annexing the property, and provide him assurance that the process will not be as painful as the process he went through ten years ago. He requested a written opinion from the City Attorney on when and how annexation can occur with or without the property owner's cooperation. Council should apply a lot of pressure to annex the property as soon as possible, and if not now, after the entitlement process, in which the City should also be involved so it does not lose out on fees, etc. It is his understanding that Brian Lake and Associates, who is working with the developer, would prefer to develop the acreage and not have to worry about annexation. If the City does not want the property, the County would be stuck with another island, which they are trying to shed. Further, he would like the Planning Commission to assess what ideally the City should have on the 100 acres, taking into strong consideration the City's shortage of parks and lighted fields. The City should be telling the owners and the County what the City needs at the property. PAGE 8 CITY COUNCIL MINUTES September 28, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Coontz asked the City Manager to explain the process, what the City has done, and what the opportunities are for involvement. At the time a presentation was made to Council that this .- proposal was being entertained through the County, all Councilmembers expressed the opinion they wanted to be a part of it. The City Manager explained City staff has scheduled a meeting with the County CEO's office to work on an annexation agreement. There needs to be a property tax split agreement to negotiate revenues for City services. The City wants the County to take into consideration what the City's development standards are. However, the City does not have the ability to dictate that at this time. Mayor Coontz asked for an explanation of the annexation process and when the City can take the initiative. The Director of Community Development explained there is the assumption that the property will annex to the City of Orange at some time. Staff has spent a lot of time working cooperatively with County staff and the property owner representatives to insure issues are being addressed and answered in the best interest of the community. Major issues are outlined in his memo to the City Manager dated September 22, 1999. The City has services needed by the future residents of the property, which is key in working with the property owner to have annexation to the City occur. Mayor Coontz indicated a timeline depicting what the opportunities are or are not for the City, and the process is important so that citizens have the opportunity to know where and when the meetings will be held. Council expressed their thoughts on this issue, recognizing it was coming through the County. Council needs to be provided with reports on the meetings that City staff has with the County and what the issues are as they change to be able to provide input. Councilman Alvarez concurred that he also would like Council to have the opportunity to provide staff with feedback as to what the City is looking for and find out when the City can begin to intervene. He suggested Mayor Coontz and Councilman Murphy address this issue at the City-Schools Coordinating Committee meetings. Mayor pro tern Spurgeon commented the City ought to concentrate on what it has control over. Putting pressure on the owner will not make any difference in starting the process with the County. The City's input to the County will be extremely important. He supports working closely with the County and Supervisor Coad's office to express the City's interests and - concerns. Councilman Murphy expressed concern with the annexation process being handled in a timely manner and on a legal basis. ******** PAGE 9 CITY COUNCIL MINUTES September 28, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) The following speakers spoke in favor of the annexation and also expressed their concerns: Carole Walters, (address on file) -, Nancy Townsend, 101 W. Riverdale #53 Shirley Grindle, 5021 E. Glen Arran, asked how people are going to be notified of County meetings? Debbie Eaglin, 222 Paddle Wheel Circle, asked who to call for information about timelines, environmental impact, etc? Barbara DeNiro, (address on file) Corinne Schreck, 446 N. James, asked if the City is familiar with any of the preliminary plans? All speakers urged Council involvement with the development of this property. Other concerns: impact on the noise level; Riverdale extension; traffic; peacefulness of the riverbed; overcrowded schools; twenty five years ago the property was supposed to be a park; property has had the benefit of the highest and best use for the last 50 years; property is needed for open space and parkland and should not be developed for high density residential; there should not be any residential, only commercial along the main streets; the City needs to fight harder to annex the property to the City; it may be too late when the City does get involved; 26 acres will still have trucks going in and out; residents want the City to represent them rather than the County; there is inadequate parking at Olive Park; 500 apartments and commercial on the Olive Park side of Glassell; and no City representation at the Olive Park meeting on August 31 st. In response to concerns with the Riverdale extension, Mayor Coontz indicated the extension is not being considered. In addition, there has been a business change recently at R. J. Noble. Mr. Cleary is no longer involved in the corporate endeavor. Councilman Slater noted that Environmental Impact Report (EIR) No. 577 expresses many potential impacts the project will have to address. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that: 1) Staff provide Council with a timeline that will show when and what is taking place; staff issue regular reports to Council with a status of what is going on with the project; 2) City Manager and staff in conjunction with the Planning Commission relate to Council what they would like to see the City's needs in terms of parks and lighted sports fields; after that is finished, return to Council for review; 3) City Attorney to provide an official opinion as to what the Council's legal options are now and along the entire annexation process; 4) work closely with the school district on this issue directing the Cities-Schools Committee also to discuss this; PAGE 10 CITY COUNCIL MINUTES September 28, 1999 5. REPORTS FROM COUNCILMEMBERS (Continued) 5) direct staff to find out how notification will take place on the County level; if notification is not provided, the City should send notices to residents; 6) send letters to property owners on behalf of the Mayor and City Council asking them to consider annexation as soon as possible so that the City can be involved; and 7) the City Manager appoint a City staffliaison to work with Supervisor Coad's office. 5.2 Councilman Murphy - Update on Millennium Committee and activities planned. Tape 3382 Murphy to the Millennium and had input on Committee Mayor Coontz commented that she appointed Councilman Committee in February; has visited the Committee meetings; membership. Councilman Murphy reported the Committee has planned a series of events to celebrate the turn of the century in the City of Orange. Some Committee representatives are: Karen Herrara, Sandra Warne, Bruce Patrick, Nancy Ann Just, Al Ricci, and Christine Carpenter. He displayed a copy of the logo created by Bruce Patrick and Craig Halverson, Photo Marketing Association International, which will identify all millennium events planned for next year. The logo says: "Celebrating Orange 2000. A Vibrant City for the New Millennium". The logo will be made available in pins and patches to community members, school children, etc. The kick-off event will begin with a New Years Eve Millennium Party at The Block. The Committee is putting together a calendar of additional events. Bruce Patrick, Patrick's Photo and Portraits, is developing a photo contest to create a visual record of Orange at the dawn of the new century, based on several themes and categories. Suggestions and input will be sought on a motto for the City, which will be brought back to Council for a final decision. The Millennium Committee has recommended a clock be installed on an archway on west Chapman at the entrance to Santa Fe Depot Park. An idea to generate funds is to revisit the commemorative brick or plaque to be integrated into the Park site, similar to the opportunity provided with the centennial plaques in the Plaza. A report which includes the budget and more details for the millennium celebration will be brought back to Council. Mayor Coontz suggested the logo be incorporated into Economic Development celebration activities. Sandra Warne, 1208 E. Adams Avenue, Millennium Committee Member, commented on the tremendous support from The Block. The schools will also be included in competitions for the celebration. Barbara DeNiro, (address on file), commented on the millennium logo. PAGE 11 CITY COUNCIL MINUTES September 28, 1999 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 3851 6.1 Request by members of the East Chapman Improvement Committee to disband. (Continued from August 10 and 24,1999) (ORI800.0.8.8) The Director of Community Development reported if the Committee is disbanded, the established design criteria for this area of Chapman Avenue would be implemented by the Planning Commission and Design Review Committee. Councilman Slater expressed concern with disbanding the committee, indicating he would rather see it refocused and more applicable for today. The issues in the El Modena area need to be addressed and the Council should remain involved. Mayor Coontz commented the Committee needs to disband. Supervisor Coad, the Sheriff and the Police Department should be given the opportunity to proceed with their plans. Robert Torres, East Chapman Improvement Committee Member, expressed satisfaction with what is being done in the EI Modena area. However, other areas in the City need to be looked at concerning the streets which are deteriorating and vehicles and commercial trucks are parking in the area. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved to honor the East Chapman Improvement Committee's request to disband the Committee. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to request through the City Manager that a report be brought back from the Police Chief and the Public Works Department on any improvements that need to be made in the City side of the El Modena area. If it is felt a Committee is needed at that time, goals could be worked out. 6.2 Reappoint Frank Sciarra and Joe Fortier to the City Traffic Commission, terms to expire September 30, 2003. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. PAGE 12 CITY COUNCIL MINUTES September 28, 1999 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) 6.3 Appointment of Phyllis Walker to fill the alternate position on the Orange Park Acres Planning Committee, term to expire January, 2001. (ORI800.0.26.1) Tape 4185 - Bob Bennyhoff, 10642 Morada Drive, expressed support for the appointment of Phyllis Walker. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 7. ADMINISTRATIVE REPORTS Tape 4281 7.1 Status report from Directors of Community Development and Public Works on Santiago Creek and Tustin Branch proposed trail projects. (C2300.H) Mayor Coontz commented she requested this report because of complaints received on the railroad properties. Item No. 13.1 on the agenda initiates the weed abatement process. The Police Department and City staff are addressing other issues of concern. The Director of Public Works reported some segments of the trail are constructed. The City filed an application for a Transportation Enhancement Act (TEA) grant for $294,000 for the Santiago Creek Trail for design and implementation of the segment of the trail between Hart Park and Cambridge Street. The amount of funding needed for the remaining portions will be determined after the alignment study is completed. Since the trail is multi-jurisdictional, as development opportunities occur along the trail alignment, developers will be required to dedicate rights of way or make improvements to mitigate the affects of their projects. Other cities that take on projects under grant programs through other funding sources have responsibility for their segment of the trail. "...., The Tustin Branch Rail Trail includes the cities of Orange, Tustin, Villa Park and the County of Orange, along the abandoned railroad right-of-way. Portions of the trail are constructed and on public streets, due to the railroad right-of-way no longer being continuous. The $1.89 million grant approved in 1995 will allow the City to gain control of the right-of-way. There is not enough money in the grant to construct the trail in its entirety. At present, the City has a release under a MOU of $100,000 of the grant for the preliminary alignment studies, environmental assessment and public outreach efforts. It is hoped, once completed, to get further approval for use of $1 million for the detailed legal and environmental work and acquisition of the rights of way. Mayor Coontz indicated that this is a progress report. More information will be provided to Council. The goal is control, acquisition and improvement of the railroad properties, and pursuing opportunities for bike trails and their extension. PAGE 13 CITY COUNCIL MINUTES September 28, 1999 7. ADMINISTRATIVE REPORTS (Continued) Steve Borden, 447 So. Olympia Way, commented the railroad easement is being used by the pipeline who leases the property from the railroad. The City was asked to remove dirt dumped illegally on the railroad easement located between Prospect and La Veta and to grade the dumped dirt on the easement. Concern was expressed with loiterers in the area and no security. Mayor Coontz directed the City Manager to address this issue. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 8. REPORTS FROM CITY MANAGER Tape 4674 8.1 Community Services Foundation Report. (C2500.I) The Director of Community and Library Services reported information regarding non-profit foundation was obtained from the cities of Anaheim, Costa Mesa, Tustin, Garden Grove, and five cities in other counties. Information is currently being gathered from private foundations, i.e., Chapman University and St. Joseph's Hospital. The foundations were created to provide a tax benefit for both private and corporate donations. In each situation, the point was made that unless there is clarity to the goals and objectives for the expenditure of funds, the chance and opportunity for success is limited. A few years ago the City Council approved the formation of a Library Foundation. At that time, a few community volunteers came forward and diligently tried to put the process in motion. The State approved the Library Foundation's application for non-profit status. The City issued a check for the federal application and submitted the fee to the IRS. The IRS informed the City that the foundation's application was lost. If Council desires, staff can assist with the re- submittal of the application. There has been some consideration to have the Community Services Foundation and Library Foundation move simultaneously. Staff is approximately one week away from having the paperwork ready for the Community Services Foundation. Mayor Coontz stated that she recommended the Library Foundation in 1992, but due to the recession and the lack of interest by management at that time, Council had to look for volunteers to put the Library Foundation together. Therefore, the basis for the Library Foundation and its specific goals has already been created. People continue to be interested in its involvement. A lot of changes have occurred since that time. The current Council is interested in the future of the libraries and in doing all they can to provide good library service. Appreciation was expressed to the City Manager and department head for the offer to re-submit the application to the IRS; the focus of the Library Foundation being capital funds. - PAGE 14 CITY COUNCIL MINUTES September 28, 1999 8. REPORTS FROM CITY MANAGER (Continued) - Councilman Alvarez commented he brought forward the idea of the Community Services Foundation. He has contacted other cities to find out the pros and cons of putting together the foundation and recommended the City move forward on both foundations. The Library Foundation would meet the needs of new and/or existing libraries. The Community Services Foundation would support the necessary programs the City is now doing. The following was proposed: 1) The combination of a department head and contract employee as an alternative for an executive director. The Library Foundation under the control of the City Manager and the department head would assure the City Council of the accountability of monies coming in. 2) Direct the City Manager to come up with a contract agreeable to the City and the contracted employee. Large corporate donations could be garnered that City staff could use for existing programs offered by the City. Mayor Coontz expressed concern moving forward with the Community Services Foundation idea at this time, as staff is in the process of obtaining information about non-profit foundations. The City Manager commented that progress is being made but more time is needed to gather additional information. He would like to further review with Council the goals and objectives for each foundation and the specific direction to be taken. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the interim report. Staff be directed to bring a report back within 30 days which includes a performance assessment based on the size of the cities surveyed and the types of setup, i.e., contract employee vs. department head. 9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council will recess 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) (three potential cases: 1. Yorba Park Remediation 2. Siting of County Jail in Orange's Sphere oflnfluence 3. Telecommunications Providers PAGE 15 CITY COUNCIL MINUTES September 28, 1999 11. RECESS TO CLOSED SESSION (Continued) 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 Court Case No. 78 02 84 2. City of Orange v. Shepherd Academic, et aI., Orange County Superior Court Case No. 81 18 31 3. Diamond Cab v. OCTA, City of Orange, et aI., Orange County Superior Court Case No. 81 3738 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 ofthe matters will not be considered in Closed Session. 7:00 P.M. SESSION 12. PUBLIC COMMENTS Tape 5413 Roger Young, (address on file), expressed concern with the neglected condition of Pitcher Park. A petition was submitted to Council from the surrounding residents. Mayor Coontz responded the City Manager and department head will address the concerns. (C2500.M.4.16) Carole Walters, (address on file), commented that she had expressed concern with the condition of Pitcher Park a few weeks ago. Steve Borden, 447 So. Olympia Way, requested Council revisit the community on the acceptance level on projects that have been in planning for some time. It has been five or six years since the City asked the community about the idea of a bike trail along the railroad easement. Mayor Coontz responded these issues will be revisited. Gloria Boice, 143 N. Pine, commented she has not received a response to her December, 1998 letter to Council addressing past and future maintenance of Orange's historic park. She asked that a response be provided so that the City's historic parks are preserved. Shelly Perras, 1441 Main, commented on the negative impact the Chapman!Main construction project has had on her business. Councilman Slater asked for a status report on the project. The Director of Public Works responded the project should be completed within the next 30 days. Mayor Coontz directed that this issue be handled as soon as possible and that a status report be provided to Council. PAGE 16 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS Tape 6167 13.1 WEED ABATEMENT HEARING - FALL (C2500.H.2) Time set for a public hearing for the purpose of considering and hearing objections to the proposed removal of weeds which constitute a public nuisance. Resolution No. 9176 adopted by the City Council of the City of Orange on September 14, 1999 declares weeds a public nuisance and initiates abatement proceedings. The properties which constitute a public nuisance and must be abated by the removal of weeds are: Vacant lot across from 6202 E. Wimbleton Ct. 541 E. Collins Abandoned Railroad Tracks from Fairhaven to Chapman Assessor's Parcel No. 093-150-71 Assessor's Parcel No. 375-211-32 MAYOR COONTZ OPENED THE PUBLIC HEARING. Steve Borden, 447 So. Olympia Way, commented that staff is unclear on who is responsible for the abandoned railroad tracks from Fairhaven to Chapman. He requested other material that has been dumped on the properties be abated. The Fire Safety Specialist reported that Union Pacific is the owner of the railroad portion from Fairhaven to where it leaves the City of Orange. When abatement procedures occur all rubbish and debris will be removed. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Declared the subject properties a nuisance and approved abatement by a private contractor. -- 13.2 PLAZA PRESERVATION PROJECT; REVISED NEGATIVE DECLARATION NO.1553-98 (N1200.0 NEG-1553-98) Tape 6316 SUMMARY: The City Council appointed and directed a Citizens Committee to recommend proposed improvements to the Plaza Quadrants and Park. As such, the City Council is requested to consider approval of Mitigated Negative Declaration 1553-98 per the California Environmental Quality Act requirements, approval of the Citizens Committee's recommendations for incorporation into the conceptual plan for the Plaza Quadrants and Plaza Park Preservation Project, and approval on one of the four street tree options. PAGE 17 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) FISCAL IMP ACT: Funds are budgeted for FY 99/00 in the following accounts: Account No. 500-7021-485100-9875 Account No. 510-7021-485100-9875 (plaza Renovation) (Plaza Renovation) Total $420,663 $244.719 $665,382 Mayor Coontz reported this project has been one of the most talked about issues in the City. The community was assured that the focused attention given the project does not end with Council's vote at this meeting. This is only the beginning. Once a plan has been agreed upon, the City is committed to working with the local business owners and residents to minimize construction impact as much as possible. There are also timing issues with the proposed plan. For the past year, the community has voiced their opinion on everything from Pine trees to pavers. Appreciation was expressed on behalf of the Council and the community to the Citizens Committee who gave up countless hours over an eight month period to study the project and to come to a consensus on almost all the issues. It was hoped a consensus could be reached on the trees because it has been the issue of most contention. Mayor Coontz indicated she has walked the Plaza many times, discussed the Project with City staff, and reviewed the variety of public comments. Note: Councilman Alvarez abstained from voting on this issue due to a potential conflict of interest due to property interest at 131 S. Glassell Street and 60 Plaza Square being located within 300 feet of the proposed project. The Director of Community & Library Services reported the Plaza Park and Quadrants Preservation Project has been reviewed in two public meetings and fourteen Committee meetings. STRUCTURE AND PROCESS OVERVIEW The Community Services Manager reported that the City Council and Planning Commission held a Joint Study Session in December, 1998 regarding proposed improvements to the Plaza Park only. The City Council listened to public comments regarding the Quadrants and the Plaza Park and directed the Plaza Committee to expand its scope of work. The Plaza Committee is comprised of nine members as follows: Bill Cathcart, Cathcart!Begin Associates, technical advisor to Committee and non-voting member; Randy Bosch, Planning Commissioner; Carole Walters, Orange Taxpayers Association, Barbara DeNiro, alternate; Mike Escobedo, Downtown Merchants Association; Hank Mascola, downtown merchant; Brady McDonald, Old Towne Preservation Association, Joan Crawford, alternate; Judy Schroeder, Historic Preservation Association, Adrienne Gladson, alternate; David Hart, resident at-large and long time resident of the Old Towne area. The Plaza Committee was commended for dedicating their valuable personal time, setting aside personal organization interests, and working collaboratively as community members for the preservation of the downtown Plaza. The Committee members recommended proposed improvements covering 39 decision packages. Thirty ofthe proposed PAGE 18 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) improvements and final recommendations of the Committee for Council approval reflect consensus majority of the Committee on each proposed improvement. The nine proposed - improvements not receiving unanimous Committee support are outlined on Page 3 of the agenda report. The only significant proposed improvement for which no recommendation was made was the street tree option in the Plaza Quadrants. KEY COMMITTEE COMPONENTS Brady McDonald, Plaza Citizens Committee Member, presented an outline of the Committees recommendations: Plaza Park 1) Keep and restore the existing fountain and repair the broken tiles around the base. 2) Expand the circular sidewalk around the fountain. 3) Remove the rose bed, bringing the fountain out approximately 3 feet. 4) Replicate the rounded curbs, bringing the flower beds around the fountain. S) Remove the seven fat Cypress trees around the fountain and replace them with four slender Cypress trees. 6) Keep the double H sidewalk pattern and replace the cracked cement with identical crosshatched concrete. 7) Remove the roses along the double H sidewalks to flowerbeds on the outer edge of the circular sidewalk around the fountain. 8) Add four acorn style lights in the Park. 9) Keep all the trees in the park, except for the Avocado. 10) Remove the P. A. system and install a telescoping flagpole in its place. 11) Keep the metal and cement wood slat benches. 12) Keep the bollards separating the Park from the traffic circle. 13) Relocate the green electrical boxes to a nearby alley or parking lot. Plaza Quadrants: - 1) Remove the planter boxes and brick pavers and replace them with crosshatched concrete like the Plaza Park. 2) Add metal benches with wood slat similar to the ones in Plaza Park. 3) Keep the clock where it is. 4) Relocate the crosswalks to opposite corners allowing for safer pedestrian crossings. The Committee did not make recommendations on the two most controversial issues, removing the pine trees and changing the traffic circle from two lanes to one. The traffic circle idea has been dropped. PAGE 19 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) Four alternatives offered for PineIPalm Tree issue: 1) Replace the Pines with Palms 2) Keep the Pines and add the Palms 3) Keep half the Pines and add Palms 4) Leave the Pines and don't add any Palms -- HISTORIC PRESERVATION OVERVIEW The Community Services Manager introduced historic preservation consultant Robert Chattel who assisted the Committee in committing and assuring that any proposed improvements recommended are in compliance with the treatments of historic properties in the Plaza. Robert Chattel reported on his review of the applicable standards, documentation, historic photographs, history, and inspection of the property. The identification of significant and character defining features recognizes features that helped guide the Committee in making decisions. The project is called the Plaza Preservation Project because the primary treatment is preservation, the maintenance of the existing character of the Plaza and its most significant features. Elements of rehabilitation, restoration, and reconstruction treatment have also been applied to the Project. Each treatment and its affect on significant and character defining features, balancing problematic goals and change with historic preservation, the project achieves the goals of meeting standards for treatment which are most applicable to this project and complies with the Old Towne Design Standards and the standards for treatment. Mr. Chattel's report "Plaza Preservation Project Analysis of Proposed Work" is included as Exhibit C to the City's staff report. CONSTRUCTION, MITIGATION AND SCHEDULING The Community Services Manager concluded if Council approves the Committees' recommendations and makes a decision on the street tree options, staff will need to conclude the project by performing three basis issues: 1) Revise the consultant agreement with CathcartlBegin Associates to provide for the sub-consultant work to do the engineering plans for the construction drawings; 2) Retain historical consultant Robert Chattel to work with City staff and CathcartlBegin Associates in the preparation of construction documents during construction; retain the construction manager to oversee construction on-site and work with the downtown merchants and incorporating their input into construction mitigation measures to ensure minimal disruption to the merchants, and the residents living in the apartments; and 3) Revise the probable construction estimates and schedules and return to Council with the information. Councilman Slater asked who would be overseeing the demolition of the existing hardscape? Will they be on-site when the demolition is taking place? The Community Services Manager responded the intent is for Mr. Cathcart, Mr. Chattel, and the construction manager to be on-site. PAGE 20 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. _ Speaking in favor: Randy Bosch, on behalf of the Plaza Citizens Committee, commented that for Committee Members to arrive at a consensus on the number of decisions they did is a great tribute to the process. The process allowed for members of the public to join in the Committee discussions, participate verbally in the process, and express their viewpoint. The Committee could not arrive at a consensus on the trees because it is a difficult issue. The Council has to decide whether to go with what is historically correct, based upon whose view of history, or go with what Mr. Chattel has indicated in his report, that represents objects within the Plaza that are non- contributing but could remain because they were there when the Historical District was created. Mr. Bosch stated it is his personal opinion that there be some leeway on items that are non- contributing but are not negative to the historical structure. The historically correct thing to do is to have all Palm trees. Mike Escobedo, 134 S. Glassell Street, Citizen's Committee representative for the Downtown Orange Business and Professional Association, commented that a majority of downtown merchants welcome the majority of the recommendations and the positive results they will bring. The Association agrees that the Plaza Park is in need of the recommended renovations. Of the 39 proposed items, there are mixed feelings with the brick pavers, planters, and the Pine trees. The businesses fear the disruption the three renovations may cause their businesses and livelihood. The brick pavers are a dangerous hazard. The removal of them will assist in the much needed upgrading of the Plaza's drainage and sewage system. The planters beautify certain quadrants and clutter others. The removal of the planter boxes done in an efficient manner to maintain a courtyard attractiveness and regulated for dining will be an extremely positive step for the community. The Association would like to maintain the beauty of the Pine trees. Their goal is to maintain the historical integrity of the Plaza while optimizing the aesthetic beauty. Their hope is that the end result will be a Plaza the City is proud of; the community will benefit from; and the business growth to the local merchant will far out weigh the disruption. Tom Matuzak, 340 S. Grand Street, Old Towne Preservation Association Board Member. -- Judy Schroeder, 1041 N. Elizabeth Place, Plaza Committee Member representing the Historic Preservation Association, presented a letter to the Council, commenting that the Committee was united in the determination to focus on historical elements while still addressing the needs of safety, repair, etc. Adrienne Gladson, 700 E. Lake Drive #97, commented that the Plaza Preservation Plan is long overdue which enhances and preserves the Plaza environment; improves safety and maintenance of the Square; amplifies the economic viability of the Plaza; and seeks to accomplish what the citizens of Orange have long wanted, a Plaza that is focused on people and safety, while ensuring that the space is properly preserved and never lost. The street level infrastructure is poor and at best, the subsurface grade needs a complete overhaul. Ms. Gladson expressed support for the PAGE 21 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) Committees recommendations and removal of the Pine trees. Palm trees would bring back a lost element, add vertical features to the Plaza, and contribute to the treasured space. - Lissa White, 129 N. Glassell, expressed concern with traffic and pedestrian safety. Lisa Ackerman, 151 N. Glassell, expressed concern for pedestrian safety in the Plaza and supports extending the curb to the crosswalk. Joan Crawford, 394 S. Orange, spoke on behalf of Old Towne Preservation Association Anne Siebert, 340 S. Olive, on behalf of the Old Towne Preservation Association, expressed support of the overall conceptual plan. It was asked that the following be considered when preparing the construction documents: 1) Preserve all three rings ofbollards and chains in their relative positions; 2) keep the walkways around the fountain in the 10 foot width as they are today; 3) keep as many of the historic rounded curbs in tact as possible, replicating where needed; and 4) inventory all items that are removed during the construction and reuse in same locations. Mary Anne Skorpanich, 292 N. Cambridge, on behalf of the Old Towne Preservation Association, spoke in favor of a steady and well organized maintenance program. OTP A would like to see proper oversight of any improvements and the Committee, if willing to do so, provide some oversight during the construction project. Other Reasons: The Plaza is physically the character defining feature of the City of Orange. The Plaza has deteriorated; it must be kept relevant, useful, safe, and appealing. It is a good plan. Expressed Concern: Carole Walters, (address on file), submitted a petition with 137 signatures, 114 of which want to keep the Pine trees; expressed concern with the removal of bricks, how long the process will take, and loss of business to the merchants. Also concerned with the removal of Cypress trees in the Plaza Park. Barbara DeNiro, (address on file), presented letter to Council and expressed concern for the name plaques paid for by the citizens. Janine McCormack, 240 N. California Street, expressed concern for the removal of the Pine trees, removal of the roses, and filling in with concrete in the fountain area. What justification is there for making that change? - Tim McCormack, 240 N. California Street, expressed concern for the removal of the Pine trees and stressed the importance of the overall maintenance, i.e. roses, concrete. PAGE 22 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) Speaking in Opposition: Joe Ledbetter, 232 N. California, asked if the City's Plaza Preservation Plan focuses on renovation or restoration of the Plaza? Hank Mascolo, 1459 N. Blake, Plaza Committee Member, spoke in opposition to the removal of the brick pavers and support for keeping the Pine trees. Mayor Coontz commented an opportunity was provided for a Minority Report. Mark Clemens, 146 N. Shaffer, submitted a letter for the public record from Escudero and Friburg, Architects which contradicts some of Mr. Chattel's recommendations. Robert Boice, 143 N. Pine Street, submitted a minority report for the public record, which was submitted to the Committee over the course of their meetings. Why does the City want to change Plaza Park rather than do restoration and maintenance work? Where did this Plan come from and who had the idea to begin with? Gloria Boice, 143 N. Pine Street, expressed concern with the fences being altered, removed or relocated, asking that a recommendation not be approved which calls for the installation of a new fence with poles that fit in sleeves. Consider the concrete curbs that border the sidewalks in Plaza Park. Leave the configuration of the sidewalks as they are. If Palm trees are approved, do not allow up-lit Palm trees. Sufficient environmental review needs to be given to the increased light level proposed in the Plaza Square. Ms. Boice asked that the walkway in the outer perimeter be returned to its 1937 width and urged Council to reject any recommendation and approve an alternate project that will preserve the Plaza's historic features. Bill Lanning, (address on file), expressed concern with the brick pavers being removed; urged Council not to mix the Pine and Palm trees and not to approve the Project until there is a breakdown on the cost ofthe individual items. Bea Herbst, 1435 E. Walnut, asked Council to leave the Pine trees and maintain the curbing that currently exists. Brian McBroom, 55 Plaza Square, expressed concern with the removal of the planters in the quadrants, as they allow a nice seating area. The consensus of the Plaza merchants is to leave - well enough alone. Marjorie Schirmer, 2750 Hearthside Street, expressed support for keeping the Plaza the way it is. Trim the trees; leave the pavers; fix the cement; trim the bushes; and maintain the Plaza. Linda Swartz, 733 E. Palmyra, expressed support for the Committee's recommendation with few changes and more maintenance. Concern was expressed with the removal of the plaques and the money being spent. The planters should not be removed. PAGE 23 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) Tom Growchow, 163 N. Pine Street, urged Council not to approve a project that will remove historic features, i.e. pole and chain fences, flower bed, walkway rounded curbing, or a project that will introduce new features, i.e. a larger expanded concrete area. Todd Wallace, 1325 Dana Place, requested a clarification on the vote taken by the Committee regarding the Pine trees. Chuck Harrison, 146 S. Harwood (submitted speaker card in opposition), did not speak. Carol Werth, 130 S. Harwood, (submitted speaker card in opposition), did not speak. Josie McCausland, 5029 E. Tenderrow #D, commented the Plaza could become a tremendous tourist draw if the City were able to enhance what it already has. An explanation was requested on the uniqueness of the proposed concrete design to the 1937-1949 period. Aleta Bryant, 148 N. Waverly Street, spoke in opposition. The Plaza can be maintained and cherished. Concern was expressed with creating public access to the fountain. John McClintock, 260 California Street, asked that his grandfather's name in the brick pavers be preserved. Herbert Duran, 240 S. Foley Place (submitted speaker card in opposition), did not speak. Other Reasons: Bricks add charm and finesse to the Plaza; Plaza needs maintenance, not renovation or rehabilitation; there is no valid reason for removing the 28 yr. old Pine trees; once the historic fabric is taken out of the center of the Plaza Park, a precedent is set; and maintenance is lacking on the Pine trees. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. Mayor Coontz commented her concern last year during the International Street Fair was drainage problems occurring near Dietrich's Coffee House. At the time the bricks were placed in the Plaza, nothing was done to take care of the infrastructure problems. There are also three or four different kinds of pavement repair and holes in the pavement. Mayor pro tern Spurgeon asked where the brick pavers would be relocated if removed? The Community Services Manager explained the plaques will be restored, cleaned, and reinstalled into the scored concrete in the same location, more easily legible to pedestrians. PAGE 24 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) MR. CHATTEL'S RESPONSE TO QUESTIONS: _ The four different preservation treatments are: 1) Preservation which is equivalent to maintenance; 2) Rehabilitation which allows some change; 3) Restoration which brings back feature to a particular period of time; and 4) Reconstruction which puts back a feature that is not now present, usually based upon documentary evidence. Quadrants: The Pine trees, raised planters, and brick pavers are non-contributing features. They were recognized in the National Register nomination and to this day would not be counted as contributing features. They are not historic, but they do not detract from the character of the Plaza. Plaza Park: Very often, in cycles, there needs to be comprehensive and substantial change to replace the severely deteriorate features of historic landscapes and buildings. Wholesale replacement of infrastructure to accommodate changes over time, deterioration of systems, are all anticipated and dealt with in the standards. It does not mean that maintenance has not been performed. Periodically, wholesale replacement of severely deteriorated systems is necessary. Increased walkway width around the fountain: Mr. Chattel responded the increase in width of the walkways allows for ease of pedestrian traffic flow during peak times. In the original plan of the Park laid out in 1886-87, each of the eight walkways that lead to the center of the Park do not increase in width when they get to the Center. When there are many people in the Park, because there is not an increased area of walkway in the center, it would be difficult to pass. Increasin~ the concrete area. Mr. Chattel indicated this responds to the problematic need as he understands it and as the Committee expressed it. It is reasonable to accommodate the problematic need to widen the walkway around the fountain. Removal of the curbini directly around the fountain. Mr. Chattel said his hope would be that the curbing could be reused around the fountain. The radius curb is the same when it moves out. There is no reason why it could not be reused. There is probably 50% of the curbing left in the Park, but it is a very important character defining feature. It is intended to use the maximum extent feasible of the existing curbing. Chain and bollard at the fountain. Mr. Chattel explained one is directly around the planter at the - fountain and the other is opposite the fountain. The chain and bollard is not always present in the historic photographs. The particular chain and bollard is from the 1930's. It is Mr. Chattel's opinion, based upon historic photographs, that the chain and bollard was used to deter people from walking through the planter and getting to the edge of the fountain. There is an historic precedent in the 1920's with the earlier and smaller basin that allowed for a paved area immediately adjacent to the fountain and a planter set away from the fountain in the paved area. It seems a reasonable approach to pave directly adjacent to the fountain; move the planter a small distance from the fountain as it was in the 1920's, and replant roses in that area. There might be opportunities to put the chain and bollard back. By removing the planter immediately adjacent to PAGE 25 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) the fountain, the problem is eliminated of why the chain and bollard was likely there in the first place. Adding brick pavers to the Park. Mr. Chattel indicated this would create a look that is inconsistent with the historic character of the Park. There were never brick pavers in the Park, and he would recommend against their use. Perimeter walkway in the Park. The Committee has recommended it stay at its current reduced width from the original. Either option is acceptable, retaining it at its current reduced width or expanding it. Problematically, fewer people today would use the perimeter walkway, so its smaller width is appropriate. The greater flow of traffic around the Park probably deters people from using the perimeter walkway. There are options for where benches are placed in the Park, either within a planter or on a walkway. On the perimeter, the benches are placed within the planter, allowing greater space for pedestrians on the walkway. Lighting. There are four cast stone lighting standards added to the Park which are consistent with the four that exist in the Park. That is an appropriate response to greater tree coverage and need for better lighting and security. A detailed lighting plan has not been gone through. Additional lighting is needed and recognized as a problematic goal, as long as it does not detract from the historic features. Additional lighting and up-lighting is one of the elements of the plan. The Community Services Manager explained the reasons for the recommendations are I) to enhance and preserve the historical preservation of the Plaza; 2) to improve the safety and maintenance of the Plaza, Plaza Park, and the Quadrants; and 3) to maintain and enhance the economic viability of the downtown area. Issues of concern are the infrastructure, water drainage, the irrigation system, existence of the electrical panels, deteriorated state of the walkways and the H pattern; the plant material not receiving enough sunlight; damage around the curb, the condition of the fountain, pedestal, basin, and tiles, condition of the Cypress trees being topped when they should not have been and replacing them with four new cypresses every 10 years so they stand vertical. There have been numerous complaints and concerns from local residents to address the slippery surface of the tiles in the Quadrants. The economic viability and the foot traffic in the downtown area has resulted in an Outdoor Dining Ordinance, an added feature to the area. Other issues relate to the crosswalk being changed for pedestrian safety. The crosswalks are in their current position so that as traffic turns right bound going into the Plaza circle, it poses problems for those trying to cross to the Park. It is recommended that the crosswalks be relocated to the other side so that oncoming traffic can break for pedestrian access. American with Disabilities Act (ADA) access also needs to be considered for use of the fountains and travel space for pedestrians. The drainage problems is one of critical issues; cracks have been identified in the drainage system. These types of issues were what brought this project forward for Council consideration. Last year $27,000 was spent on maintenance for the Plaza area; effective May 1, 1999 the budget was increased by $19,000. There has been an increased level of general maintenance, i.e. street sweeping, trash pick-up, etc. However, this will not be PAGE 26 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) noticeable from an aesthetic prospective until the improvements are made. Tree trimming will be done annually. The City Manager explained because of Council's familiarity with the condition of the Plaza, the historical significance and its infrastructure, it seemed appropriate to move ahead with the overall conceptual plan of the project without specific costs being addressed. No costs have been considered by the Committee at this time. Council approval will be necessary for any appropriations or expenditures. The cost to the merchants has not yet been quantified. Mayor Coontz asked the City Manager to address how the City will be working with the community, merchants, and scheduling of events in the Plaza. The City Manager explained any engineering plan would be brought back for Council approval. Relative to bidding on the project, the City will look at alternatives to be as considerate as possible to the impact the construction will have on the businesses. The City will consult with the business owners in considering the impact of events that are normally planned by the Plaza or the businesses. Mayor Coontz commented that she has been involved in historic preservation since 1976. There was not the same type of community activity when the Palm trees were removed in 1976. The consultant, Committee members, and those who interacted with them have done a great job. Mayor pro tern Spurgeon commented there had been two prior votes on trees. After the first vote, it was determined that Councilman Alvarez was ineligible to vote. A vote was again taken. In both cases he voted to do away with the Pine trees because of a personal bias. However, many people who frequent the Plaza have asked him to retain the Pine trees. Councilman Slater requested Palm trees not be added to the Pines, since the Pine trees have been there for 30 years. MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to keep the Pine trees and not add Palm trees. Discussion: Councilman Slater commented he supports the Committee's recommendations, with four minor exceptions that are outlined in the letter from Old Town Preservation Association. Mayor Coontz confirmed that the roses would be located in the planters. Where would the bollards be located? Councilman Slater responded the bollards would be retained in the rose bushes around the perimeter, with one row ofbollards and chains along the 10 foot wide PAGE 27 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) walkway. Mayor Coontz suggested the four centered plaques on pillars stay around the fountain at ground level. An inventory needs to be taken on what remains in the Plaza, i.e., manhole covers, pieces of stamped pavement, etc. Concern was expressed with the condition of the soil, indicating it needs to be tested. In addition to the infrastructure and drainage problems, the City needs to find out what is under the pavement. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to 1) Preserve all 3 rings of bollards and chains in their relative positions; 2) keep the width of walkway around fountain same as it is today (which pulls it in 2 or 3 feet); 3) keep as many historic rounded curbs intact as possible, replicating where needed; 4) inventory all items removed during construction and reuse in the same locations (outlined in OTPA's letter from Ann Siebert;. 5) Restore the walkway between the rose beds and the basin three feet; and 6) locate the plaques out three feet to create walk space. Councilman Slater commented there has been so much talk about demolition in the Plaza. When driving around the Plaza, the only changes that will really be seen in the Plaza Park are the big bushy Cypress trees removed. There will be four new Cypress trees, which staff has assured will not be topped. Walking through the Plaza, you can see it has really been neglected, it is tired, and severely deteriorated. It no longer properly represents the City of Orange. The City is going to increase maintenance, and more than simple maintenance has to be done at this point. Some parts of the Plaza Park cannot be retained due to severe deterioration. This is a true restoration project; it is not a demolition. Councilman Murphy commented the most accurate statement made is that historic preservation is not an exact science. There have been more opinions and different influences on this project than anything he has come across as a Planning Commissioner or as a Councilman. He is glad to see this moving forward so the community can have a Plaza to be proud of. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Approved Revised Mitigated Negative Declaration 1553-98, finding that the proposed project will not have a significant adverse impact on the environment or historic resources; PAGE 28 CITY COUNCIL MINUTES September 28, 1999 13. PUBLIC HEARINGS (Continued) Approved the Plaza Citizens Committee's recommendations for incorporation into the Plaza Park and Quadrants Preservation Project conceptual plan, with modifications. - MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Directed the City Manager to prepare construction documents inclusive of project cost estimates, timelines, and construction mitigation measures. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to create a Landscape Maintenance Plan for the Plaza. Mayor Coontz commended the Plaza Citizens Committee and staff in doing an outstanding job of providing Council with some very good ideas for the Plaza. 14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT The City Council adjourned at 11 :50 to a Joint Study Session with the Planning Commission to be held on Wednesday, September 29, 1999 at 6:00 p.m. in the Weimer Room for an update and overview of the East Orange General Plan. ~~drGdr~~.:f CASSANDRAJ. THCART, CMC CITY CLERK JOANNE COONTZ MAYOR ,- PAGE 29