09-14-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 28, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 14, 1999
The City Council of the City of Orange, California convened on September 14, 1999 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
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4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Pastor David Daniel, Calvary Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT None
1.4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Tape 240
The Director of Community and Library Services introduced Roseanne Miller, Children's
Librarian. Teen Volunteers for the Orange Public Library's 1999 Summer Reading Club
were recognized.
Councilman Murphy recognized Firefighter Joe Grant, recipient of the Courage Under
Fire Award for his rescue of two residents from a two story apartment fire which occurred
on February 17,1999.
Mayor Coontz announced:
. The 27"' Annual :International Street Fair Celebration was a great success.
Distinguished Volunteer awards were given for the first time at the Fair.
. The Society of St. Vincent de Paul USA held its 85"' national meeting; 1200 national
representatives visited the Second Harvest Food Bank operation on Thursday,
September 9,1999.
. The meeting will be adjourned in memory of Keller Watson Jr. His father founded
Watson's Drug store which recently celebrated its 100"' birthday.
. Bob Bennyhoffwas congratulated on his recent birthday.
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CITY COUNCIL MINUTES
September 14, 1999
2.
PUBLIC COMMENTS
Tape 569
Carole Walters, (address on file), expressed concern with weeds along the railroad tracks
near Fairhaven, LaVeta and Prospect. Can the City annex the property for a parkway or
walkway? Concern was expressed with employees being laid off and work being sent to
outside contractors.
Mayor Coontz responded the issue of weed abatement will be addressed under Item No.
3.29 on the agenda.
3.
CONSENT CALENDAR
Tape 763
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 14, 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 August 19 and 26, and
September 2,1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, August 24,1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the City of Villa Park for Taft Avenue
Pavement Rehabilitation from Santiago Boulevard to Cannon Street. (A2100.0
AGR-3344)
SUMMARY: The Agreement provides for the payment to Villa Park from the City of
Orange Maintenance funds the sum of $15,000.00 for the City of Orange obligations for
the rehabilitation of portions of Taft Avenue within the City of Orange.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved Agreement between the City of Orange and the City of Villa Park
and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City.
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FISCAL IMPACT: Funds are budgeted and available in the following account:
262-5021-483300-3120 $520,000.00 (Measure M - Local Street Maintenance).
3.6 Amendment to Agreement with Hydrosolutions of California, Inc. for Underground
Fuel Contamination Cleanup at the Water Yard. (Al100.0 AGR-3192.l)
SUMMARY: In February, 1999 the City entered into a contract with Hydrosolutions of
California to perform all tasks required to assess the extent of soil contamination from the
old underground fuel tanks at the Water Yard. Adverse soil conditions limited drilling
with the contracted equipment to a depth of 30 feet where contamination was still present.
The Orange County Health Care Agency requires drilling 30 feet deeper than the last
trace of contamination. Hydrosolutions has prepared a revised proposal in an amount not
to exceed $20,000 for redrilling with a heavy-duty air rotary type drill.
ACTION: Approved Amendment to Agreement and authorized Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: There are sufficient funds in Account No. 720-5023-484400-9856
(Underground Storage Tanks).
BIDS
3.7 Contract Change Order No.1 for Bid No. 989-27, Project No. SP-3157, Critical
Intersection Improvements at Glassell Street and La Veta Avenue. (Al100.0 AGR-
3216)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
the quantities of various bid items beyond the original estimate of work and unforeseen
extra work. The contract cost is increased to $541,069.65 with this Change Order.
Note: Councihnan Slater abstained on this item due to a property interest at 222 E.
LaVeta.
-
ACTION: Approved Contract Change Order No. 1 in the amount of $32,676.25 to
Sequel Contractors, Inc. for the additional quantities at contract unit prices or agreed
price.
FISCAL IMPACT:
3017$32,676.25
Funds are budgeted III
(TSIP Area B Fund)
Account No. 284-5011-483300-
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
3.8 Project No. SP-3285; ADA Wheelchair Access Ramp Improvements at Various
Locations, Fiscal Year 1999-2000. Approval of Plans and Specifications and
Advertising for Bids. (S4000.S.3.2)
SUMMARY: Plans and Specifications have been completed for the construction of ADA
Wheelchair Access Ramps at Various Locations for Fiscal Year 1999-2000, and the
project is ready to be advertised for bids. The estimated construction cost is $148,000.
ACTION: Approved plans and specifications and authorized advertising bids for ADA
Wheelchair Access Ramp Improvements at Various Locations for Fiscal Year 1999-2000.
FISCAL IMPACT: Funds have been appropriated for this project in the following
account: 310-9645-483300-1328 $150,000.00 (Community Development Block
Grant Funds - ADA Improvements).
3.9 Rejection of Bids and Readvertising - Bid No. 990-05, Installation of New
Corporation Yard Generator. (P2500.0.2)
SUMMARY: After soliciting bids for this project, the City received two bids with the
lowest bid in the amount of$112,317.00. The Engineer's estimate was $85,000.
ACTION: Rejected the two bids and authorized readvertising bids for the installation of
the New Corporation Yard Generator.
FISCAL IMP ACT: Funds are budgeted in the following account:
500-7028-481301-9864 $129,377.00 Capital Projects Facility Maintenance
CLAIMS (C3200.0)
3.10 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Douglas Campbell
b. Christine McDonald
c. Dawn N. McDonald
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
September 14, 1999
3. CONSENT CALENDAR (Continued)
CONTRACTS
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3.11 Award of Contract - Bid No. 990-03. Award of construction contract to L.A. Signal
for traffic signal improvements at various locations in the City of Orange. (AlIOO.O
AGR-3345)
SUMMARY: The traffic signal improvements at these locations will improve the safety
and efficiency of traffic flow. Seven proposals for the modification of these traffic
signals were received. L.A. Signal submitted the lowest responsible bid in ilie amount of
$189,900.00. The total cost of the project including city furnished materials is
$227,050.00.
ACTION: Accepted the bid submitted by L. A. Signal in the amount of$189,900.00 and
rejected all other bids, and authorized Mayor and City Clerk to execute on behalf of City.
FISCAL IMPACT:
TSIP AreaB
TSIP AreaB
TSIP AreaB
Developer Funds
284-5032-483100-6145
284-5032-483100-6143
284-5032-483100-6144
550-5032-483100-6194
ChapmantBatavia
G1assell/F1etcher
Main/Collins
Prospect/Spring
$ 55,500.00
55,550.00
95,550.00
150.000.00
$356,600.00
3.12 Award of Contract to Hinderliter de Llamas (HdL) Coren & Cone to provide
Property Tax Audit and Information Services (Refer also to Item No. 3.5 on the
Redevelopment Agency agenda). (Al100.0 AGR-3341)
SUMMARY: One of the goals of the Auditing Program is to rotate long-term auditing
contracts. The City's contract with Municipal Resource Consultants (MRC) has expired
and it is recommended a contract be awarded to HdL Coren & Cone for these services.
ACTION: Approved an agreement with HdL Coren & Cone to provide Property Tax
Audit and Information Services.
FISCAL IMPACT: Funds in the amount of $14,400 for the property tax information
services are currently budgeted in the Redevelopment Agency Tustin, Southwest and
Northwest Project account 9800-426700 (Redevelopment, Professional and Consulting
Services). Fees paid for the identification of misallocated property tax revenue will be
paid for out of the appropriate Property Tax or tax Increment Revenue Account.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
3.13 Award of Contract - Bid No. 990-04; Project SP-3278; Street Maintenance Asphalt
Concrete Overlay at Various Locations (1999-2000). (A2100.0 AGR-3346)
SUMMARY: This project is part of the annual street maintenance activities and is
designed to prolong pavement life of residential streets by asphalt concrete overlay.
Included in this project are reconstruction of existing pavement of localized areas and
replacement of damaged curb and gutter. The following streets are included: Shaffer
Street from Walnut Street to Katella Avenue, Avenida Palmer from Renee Street to
Cannon Street, McCrory Lane from Taft Avenue to end, Heim Avenue from Tustin
Street to end, Oakmont Avenue from Maplewood Street to California Street, Orange
Grove Avenue from Maplewood Street to California Street, Madison Avenue from
California Street to Lincoln Street, Lime Street from Taft Avenue to end, Chalynn
Avenue from Cambridge Street to California Street, Tularosa Avenue from Gardner
Street to end, Windes Drive from Santiago Canyon Road to Lewis Street, Hoover
Avenue from Shaffer Street to Cambridge Street, Roberta Drive from Loretta Drive to
end and, Glendale Avenue from Shaffer Street to Cambridge Street.
ACTION: Awarded a contract in the amount of $455,585.35 to R. J. Noble Company
and authorized the Mayor and the City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
262-5021-483300-3120 $600,000 (Street Maintenance)
FINDING OF PUBLIC CONVENIENCE AND NECESSITY
(REMOVED AND HEARD SEPARATELY)
3.14 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.
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.
The Director of Community Development reported Conditional Use Permit 2296-99 was
approved by the Planning Commission on August 2, 1999. Fourteen conditions of
approval were imposed as outlined in Planning Commission Resolution No. PC 49-99.
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ClTY COUNCIL MlNUTES
September 14,1999
3.
CONSENT CALENDAR (Continued)
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Mayor Coontz asked if the conditions imposed are typical? The Director of Community
Development responded that most of the conditions imposed are standard. Each
application is customized for the particular location.
Speaking in opposition:
Kristen Aiello, 140 N. Lester, commented on the higher than average concentration of
liquor stores in the proximity of Mr. K's market and higher than average crime rate on W.
Chapman Avenue.
Lorraine Gonzales, 182 N. Lester, spoke in opposition to a liquor license for Mr. K's
market, concurring with Ms. Aiello's cornments.
Mayor pro tem Spurgeon asked what has changed at this location since previously being
denied by Council? The Director of Community Development explained Mr. K's market
has been in operation for a period of time. Previously the Police Department had
recommended the license not be approved. However, this time the Police Department,
although acknowledging an over concentration of licenses and the high crime nature of
the area, believe the business has operated in a responsible manner and have no objection
to the issuance of an a\cohollicense.
Councilman Slater expressed strong opposition to the issuance of an ABC license for the
following reasons: 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; 5) the area already has an over
concentration of beer and wine licenses. Consideration of the issuance of ABC licenses
needs to be taken on a case-by-case basis.
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The Police Chief explained the Police Department has tried to find a method to assess
areas of over concentration, and yet try to be fair with the business people. The
determination not to oppose the license was based on there being no particular problems
with the business, even though the tract is considered over concentrated and crime
statistics are above average.
Mayor Coontz commented on the importance of the City's plans to improve the west
Chapman area when considering this item.
Councilman Murphy said he does not see any changes based on environmental issues, as
the same conditions exist at the site.
PAGE 7
CJTY COUNCIL MINUTES
September 14, 1999
3. CONSENT CALENDAR (Continued)
Mayor pro tem Spurgeon stated that for many years west Orange has been proliferated
with an abundance of convenience stores that sell beer and wine and other types of
alcohol, which are magnets for problems.
Mayor Coontz requested this item be continued as the applicant had not been notified. It
has been the tradition of Council to continue an item if the applicant is not present at the
meeting.
In response to Council concern regarding notification, the Director of Cornmunity
Development explained that findings of public convenience and necessity do not require
notification. Councilman Slater indicated he would support continuance of this item with
notification to the neighborhood and with the applicant present. The City Manager
clarified Council's intent on future issues of public convenience and necessity is for
notification to be provided to the neighborhood and applicant, indicating this would be
incorporated into a policy.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to October 12,1999.
3.15 Request to determine whether the issuance of a new license to sell beer, wine, and
distilled liquors for the purpose of off-site consumption serves the interest of public
convenience and necessity, as required for license approval by the State Alcoholic
Beverage Control Board. (p1300.0.2)
SUMMARY: Rite Aid Corporation intends to construct a new retail store and pharmacy
at the southwest corner of Chapman Avenue and Esplanade Street. The applicant
proposes to sell beer, wine, and distilled liquors for the purpose of off-site consumption.
The Planning Commission reviewed and approved Conditional Use Permit 2274-99 to
allow the issuance of an Alcoholic Beverage Control (ABC) License "21" (which allows
the sale of alcoholic beverages for the purpose of off-site consumption). State Businesses
and Professional Code Section 23958.4 requires the City Council make a finding of
public convenience and necessity prior to the ABC issuing an alcoholic license.
ACTION: Declared a finding of public convenience and necessity for authorization of a
new ABC license.
FISCAL IMPACT: The proposal will not have an impact on the City's General Fund.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
PERMIT PARKING
(REMOVED AND HEARD SEP ARATEL Y)
3.16 Request City Council authorize the temporary suspension of permit parking
restrictions within Area "I." (S4000.S.3.1.2)
SUMMARY: The Department of Community & Library Services will be conducting a
Dedication Celebration for McPherson soccer fields on Saturday, September 25, 1999.
Due to anticipated attendance, it may be necessary to park in the surrounding residential
neighborhood which restricts on-street parking except by permit.
FISCAL IMP ACT: There will be no fiscal impact resulting from this suspension of
Permit Parking.
Mayor Coontz asked if notification was given to the neighbors regarding the suspension
of permit parking around the McPherson site for the grand opening? The Director of
Community and Library Services responded that notification will be sent out.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved.
QUITCLAIM DEED
3.17 Quitclaim of abandoned Sanitary Sewer Easement, lying within new Tract No.
15546. (D4000.0)
SUMMARY: This Quitclaim covers the portion of an old sewer line that no longer
exists. This subdivision is located on Taft Avenue east of the 55 Freeway.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Greystone Homes Inc. for an abandoned sewer line located within new Tract No. 15546.
FISCAL IMPACT: $100.00 has been deposited into Fund #520-36000 (Sewers) to cover
processing fee.
RATIFICATION OF DECLARATION OF EMERGENCY
3.18 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.19 RESOLUTION NO. 9165 (S4000.sA)
A Resolution of the City Council ofthe City of Orange authorizing the temporary closure
of Collins Avenue between Main Street and Batavia Street, on April 30, 2000 for a
special event.
Special Event: Annual Datsun Z-Car Classic Sports Car Exhibition
ACTION: Approved.
3.20 RESOLUTION NO. 9166 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for funds
for the Transportation Enhancement Activity (TEA) Program under the 1998
Transportation Equity Act for the 21" century for the Street Monument and Entry Signs
Project.
ACTION: Approved.
3.21 RESOLUTION NO. 9167 (A2100.0 AGR-32l6)
A Resolution ofthe City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-27; SP-3157; Sequel
Contractors, Inc.; Critical Intersection Improvements at La Veta Avenue and G1assell
Street.
Note: Councilman Slater abstained on this item due to a property interest at 222 E.
LaVeta.
ACTION: Approved.
3.22 RESOLUTION NO. 9168 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for funds
for the Transportation Enhancement Activity (TEA) Program under the 1998
Transportation Equity Act for the 21" Century for Santiago Creek Trail from the City of
Orange/City of Santa Ana boundary line to Cambridge Street.
ACTION: Approved.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9169 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Glassell
Street and Walnut Avenue, and temporarily restricting parking on G1assell Street and
Walnut Avenue for construction of a City storm drain.
ACTION: Approved.
3.24 RESOLUTION NO. 9170 (H1200.0)
A Resolution of the City Council of the City of Orange consenting to the designation of
certain portions of Taft Avenue as a City of Villa Park Highway for the purpose of
construction improvements.
Location: Taft Avenue from Santiago Boulevard to Cannon Street.
ACTION: Approved.
3.25 RESOLUTION NO. 9172 (C2500.M.l6.l LLJ-99-4)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 99-4 adjusting Lot Lines of certain real property described as Lot 20 and Lot C of
Tract Map No. 15709 in the City of Orange, County of Orange, State of California.
Owners: Serrano Heights 1400, LLC
ACTION: Approved.
3.26 RESOLUTION NO. 9173 (S4000.S.3.7)
A Resolution of the City Council of the City of Orange approving the submittal of the
Chapman A venue and Tustin Street Intersection Widening Improvements, and the Main
Street Widening Projects to the Orange County Transportation Authority for funding
under the Regional Surface Transportation Program.
ACTION: Approved.
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3.27 RESOLUTION NO. 9174 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for funds
for the Transportation Enhancement Activity (TEA) Program under the 1998
Transportation Equity Act for the 21" Century for the SR-55 Interchanges-Landscaping
Enhancements.
ACTION: Approved.
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CITY COUNCIL MINUTES
September 14,1999
3. CONSENT CALENDAR (Continued)
3.28 RESOLUTION NO. 9175 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for funds
for the Transportation Enhancement Activity (TEA) Program under the 1998
Transportation Equity Act for the 21st Century for the Bicycle and Pedestrian Educational
Project.
ACTION: Approved.
3.29 RESOLUTION NO. 9176 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring weeds a public nuisance
and initiating abatement proceedings.
ACTION: Approved.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.14 and 3.16 were removed and heard separately. Councilman Slater
abstained on Item Nos. 3.7 and 3.21. The remainder of the Consent Calendar was
approved as recommended.
END OF CONSENT CALENDAR
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4.
REPORTS FROM MAYOR COONTZ
Tape 1923
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz reported secret meetings by public agencies are not allowed under the Brown Act
in the State of California, but there appears to be a loophole in regard to the future of our City's
East Orange General Plan and the area surrounding it in the City's sphere of influence. Over a
month ago, the City Manager wrote to the Sheriff for an explanation of why the Sheriff and the
South County cities of Lake Forest and Irvine were promoting another major jail in the City of
Orange. Subsequently, the City Manager was invited to attend a meeting of the "Technical
Committee" for site selection by the City Manager of Lake Forest. The meeting was cancelled
within a few hours of the day and time set. Any information the City has gleaned about others
planning the City's destiny has come from word of mouth from throughout the County, not from
any direct information except the meeting Mayor Coontz had with the Sheriff a few months ago.
The City now understands that the South County "Site Committee" originally considered a
number of other sites in the heart of Orange, including the LomalSantiago Canyon Road site. All
that the City knows about the proposals is relayed by one individual or another throughout the
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CITY COUNCIL MINUTES
September 14,1999
4. REPORTS FROM MAYOR COONTZ (Continued)
County. There's nothing official, but the City is still top of the list! Mayor Coontz indicated
there was an interview with the Sheriff last night on KOCE, which included a view of lands off
the Eastern Transportation Corridor and a statement from the Sheriff describing the City's area as
"remote" and his goal to get the jail out of Lake Forest. Lake Forest became a city in 1991,
decades after the designation of the Musick County jail site in south County. There was a
lengthy presentation and discussion at the last Council meeting which is published in tl1e August
24, 1999 minutes. This is basically the latest information. County Supervisor Cynthia Coad has
not been able to get any information through her staff from either tl1e Sheriff or others who are
interested. The City's East Orange General Plan took 15 years to develop, with the cooperation
of the Irvine Company, many citizen groups and the public at large. Any intrusion into the
established plan is of great concern. The City Manager has set a study session for the Council
and any community members who wish to attend on Wednesday, September 29, 1999 at 6:00
p.m. in the Weimer Room. Additionally, the City needs a review of the Safe and Healthy
Communities Initiative regarding the setting of jail sites, as it does not appear to apply. The
proposed jail is an intrusion into the east Orange area and will be a part of the presentation.
Mayor Coontz further stated that for those who have criticized her publicly for "over-reacting",
her goal as the Mayor of the City of Orange is to protect the interests of the City, and requested
that this item be agendized for each Council meeting.
Councilman Alvarez stressed the importance of inviting the County Supervisors to the
September 29th study session and educating them on the East Orange General Plan, since they
will make the ultimate decision on the location of the jail. Mayor pro tem Spurgeon suggested
the aides for the 4th District be given the opportunity to attend.
Carole Walters, (address on file), commented that people need to contact the County Supervisors
to express their feelings on this issue. A Town Hall meeting is needed. Mayor Coontz indicated
a study session is needed prior to holding a Town Hall meeting.
Richard Siebert, 1388 N. Kennymead St., speaking on behalf of the Orange Park Acres
Association, thanked Council for their concern with this issue and offered assistance.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented that Supervisor Coad is
strongly opposed to the jail. One jail site the Sheriff is contemplating is close to Mountain Park
in Anaheim.
The City Manager said he would propose to Council tentative dates for a Town Hall meeting.
Councilman Alvarez recommended the Town Hall meeting be held in East Orange, suggesting
Santiago Canyon College as a site. Mayor Coontz responded an inquiry can be made to Santiago
Canyon College for tl1e use of their facility, however, school is in session and there may not be
rooms available. The entire City is concerned about the location of the jail and the East Orange
Plan. It was suggested that meetings be held in numerous places, and in order to ensure
compliance with the Brown Act, Councilmembers alternate their meeting attendance, as long as
the subject and presentation remains the same.
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CITY COUNCIL MINUTES
September 14, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
4.2 Request for presentation on Santiago Creek and Tustin Branch proposed trail
projects. Tape 2825
Mayor Coontz reported Santiago Creek and the section between Cambridge and the western
border of Hart Park has been of significant interest in the cornmunity for many years as an area
that should be improved as a recreational trail. The issue is addressed in a Resolution before
Council for approval at this meeting seeking additional grant funds. There are $1.9 million in
federal grants that the City is going to be spreading over two types of trails. The trail and its
extension to Santiago Oaks Park has been a long term project of the Cornmunity Development
and Public Works Departments. A City project which goes back longer in time is the pursuit of
the completion of the trail which includes segments of the abandoned Union Pacific Railroad
throughout the City of Orange. In the last few months, a number of Mayor's Hotline calls have
been received inquiring about the status ofthe trail system along with complaints about the poor
condition of the abandoned rail sites. An amendment to Consent Calendar Item No. 3.29
initiates weed abatement proceedings against Union Pacific Railroad.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the City Manager direct staff to prepare a presentation on the trails proposal and their
progress for the September 28th meeting.
5.
REPORTS FROM COUNCILMEMBERS
Tape 2985
5.1 Councilman Slater - Consideration and discussion to initiate a City of Orange
Aviation Committee.
Councilman Slater reported, as the City's representative to the Orange County Regional Airport
Authority (OCRAA), that OCRAA is encouraging all member cities to form an Aviation
Committee. The City of Orange needs a higher level of involvement and participation by the
public so that they can monitor and participate in the EI Toro Reuse planning process. He
indicated he would like to get the Aviation Committee off the ground, and that he mayor may
not participate once the Committee is up and running, in order to avoid any potential conflicts,
especially with regards to the Healthy Cities Initiative that may be addressed. The Aviation
Committee does not need to be a formal City committee.
Mayor Coontz asked what the goal and direction of the Aviation Committee would be and what
the organization aspects would be? Council appointments to OCRAA were to ascertain
additional information on the airport, not necessarily to give approval of the airport. Is this an
independent activity out of the OCRAA Association?
Peggy Ducey, Executive Director of OCRAA, responded that OCRAA envisions the Aviation
Committee as a way to extend the information network more deeply into the community. The
PAGE 14
CITY COUNCIL MINUTES
September 14,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
airport is a critical issue for cities like Orange, Villa Park, Tustin, and Newport Beach that are in
the corridor of the John Wayne departure and arrival. OCRAA envisions a small working
committee so that a group of residents can become more actively involved in the planning
process; give their input to the Board of Supervisors; and use it as another means to get
information out. The Aviation Committee would not be associated with the City of Orange. It
was suggested that OCRAA work with Councihnan Slater to identify ten or fifteen people that
are interested in getting involved or obtaining more information on the issue. Mayor Coontz
asked that the entire Council review the list and make suggestions. Ms. Ducey indicated that
Councilman Slater would develop the Committee with input from the rest of the
Counci1members. Council will be kept informed and approval would be sought for any
Committee activities.
5.2 Councilman Slater - Consideration and discussion for a staff report on the
feasibility of a joint use library with Santiago Canyon College. (C2500.I) Tape 3383
Councilman Slater reported the potential of a joint use library with Santiago Canyon College has
had quite a long history. The President and Chancellor at Santiago Canyon College have
presented the opportunity for the City to participate in a state-of-the-art 60,000 square foot
library that would be accessible to the citizens of Orange for a minimal investment. Councilman
Slater read from the report prepared by the Director of Community and Library Services the
reasons this should be explored.
. Less costly to operate
. Maximize resources
. Integrate higher education into community
library
. More service to the City for less money
. Greater variety of books and materials
Increased efficiency
Public access to college resources
Sensitive to local community needs
More efficient use of staff
Better opportunity for programs
In 1993, the City Council voted not to support the joint use philosophy. However, discussions
have continued over the years as Council and Board members have changed. In 1993 the City
budget was strapped; the City's own main library was in shambles; and there were and still are a
lot of issues relating to technical, functional, and operational issues. :If the City decides to pursue
a joint use library, it would not mean the City would be losing control of its entire library system,
~ but there would be a shared responsibility for one library in east Orange. The Main Library has
been rehabilitated but it is known that within the next seven years a new library will need to be
built at that location. At the Mayor's suggestion, a comprehensive study is being done on library
services. This may be a one-time opportunity for the City to have access to a 60,000 square foot
library in east Orange in an area where the growth is going to continue on east, which will
provide excellent services to the citizens in east Orange.
Councilman Slater further indicated that he spoke with former Chairman of the Board of
Supervisors Bill Steiner, who said he would strongly support looking into this because of the
PAGE 15
CITY COUNCIL MINUTES
September 14, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
efficiencies that can be created, and since joint use projects are the wave of the future, this is an
opportunity that the citizens of Orange cannot afford not to consider. There is going to be on the
ballot a bond measure that would also provide a lot of resources for the construction of libraries
in the City. The measure is particularly geared toward and sensitive to joint use projects. One of
the caveats would be that the City of Orange would still remain in control and in charge of the
library.
Mayor Coontz asked the Director of Community and Library Services to respond to the second
page of his report which addresses issues in opposition to a joint use library. The Director of
Community and Library Services reported that since August 1993, additional discussion
occurred relative to joint use with the Library Board of Trustees. A vote was taken by the
Library Board of Trustees in 1995 which was a 3-2 vote not to pursue any type of option having
to do with a joint use possibility with Santiago Canyon College. He noted concerns with the
joint use are as follows:
. The Joint Use Library is on the fringe of easterly portion of City. There were questions with
future development and who would be served by the joint use venture.
. Lack of control regarding service delivery
. Non-compatible automation operation
. Non-compatible librarian classifications
. Non-compatible library operations - college vs. public/community
. Annual operating costs may impact the Library's budget
. Estimated $475,000 yearly cost to the City
The construction estimates may have changed. In 1995, construction was estimated at $12.7
million for a 50,000 - 60,000 square foot building.
Mayor Coontz commented the report also indicates that the City would strongly consider closing
the EI Modena and Taft Branch Libraries, should an agreement be signed between botl1 agencies.
It was her understanding from Dean Strenger that Santiago Canyon College would like the City
to consider and sign on this month. An important reason a presentation is being given on the
East Orange General Plan at the September 29th study session is that it includes libraries.
Councilman Slater commented that one of the objections to joint use is that the joint use library
would be located on the fringe of the easterly portion of the City, with no visible date for future
development with Irvine Company, noting that is an extremely short-sighted statement. There
will eventually be 18,000 acres with a lot more homes, and the library would be located in the
middle near an important transportation corridor. The technical functional and operational issue
objections by staff could be overcome. He does not want Orange to let another opportunity slip
by. It is unfair to assume that EI Modena Branch Library would have to close if the City did the
joint venture. EI Modena Library is a nice, small neighborhood library that well serves the
PAGE 16
CITY COUNCIL MINUTES
September 14,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
citizens of El Modena. If the City is going to have decent, good library opportunities for all of
east Orange, then this is a gift.
~
Councilman Alvarez commented on his participation as a private citizen in tl1e interviews for the
Arroyo Study for a joint use library, noting at that time there was a lot of opposition to joint use.
However, a lot has changed. Technology has advanced and especially the technology available
to colleges and universities. He supports the City again exploring the possibility of joint use, but
expressed concem with the public being comfortable enough to walk onto the campus. However,
the need is out there and the Arroyo Study clearly shows the City is in need of library services far
beyond its current services. Does staff have the time to investigate this thoroughly in order to
bring a report back for Council consideration?
The City Manager responded the staff, if directed by Council, would take the time to properly
address this issue. A report would be provided on recent polls of the public regarding their
support for the library and the status of the current state of resources. Briefings will be provided
to Council in the next few weeks on several issues. The City's current budget does not have the
cash flow to adequately staff the current operations, and would require a reprioritization if tl1e
cash position does not improve significantly over the next few years. Significant cash
investments may be required for the City's own library system. The biggest issue of concern
would be the expansion ofthe City's current operation or the contractual obligation of $400,000 -
$500,000 a year.
~
Dean Strenger, President of Rancho Santiago College, 8045 E. Chapman, explained that in
October, 1994 the college was looking at the joint use opportunity and dealt with many of the
same issues addressed tonight. Santiago Canyon College is currently in the process of receiving
money from the State for planning; they are working on the environmental impact reports at this
time which will continue through December; and in January - March the formal planning will
take place in order to submit their proposal to the State. Joint use projects are considered by the
State to be at the head of the list when it comes to funding approvals. A decision would be
needed from the City no later than January, 2000. The 1992/1993 plan will need to be revisited.
At that time, the City's share of cost was approximately $4 million, which included 1/4th of the
capital costs and 1/4th of the equipment costs. At this time it may be closer to $5 million. There
may be other options in terms of funding and financing that would do a different mix between
the level of capital investment vs. the level of operational investment, if the annual operational
cost is an issue. This would also take a study group.
Mayor Coontz asked how long would it take to get the actual capital and financial costs together?
Mr. Strenger responded the working drawing and construction money will be made available to
the college under the next bond issue. If in two years the bond issue passes, it may be 2001 or
2002 that the working drawings would be completed. Construction would probably start in 2002
with an anticipated opening date of 2004.
PAGE 17
CITY COUNCIL MINUTES
September 14,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Speaking in favor:
Carolyn Cavecche, 1204 E. Walnut Avenue
Lisa Woolery, 350 N. Harwood, Board of Trustees, Santiago Canyon College
Mara Brandman, 7319 Equitation Way
Richard Siebert, 1388 N. Kennymead Street
Carole Walters, (address on file)
Eddie Hernandez, Chancellor of the Rancho Santiago Community College District, anticipates
the expense to the college for the portion they will build will be a little over $9 million. He
distributed to Council copies of SB3, the California Reading and Literacy Improvement Act,
noting that Section 19994 states that first priority shall be given to joint use projects in which the
agency that operates the library and one or more school districts have a cooperative agreement.
Second priority shall be given to all other library projects. If SB3 passes, approximately $350
million will be available for construction oflibraries.
Councilman Murphy expressed support for exploring the tradeoffs, feasibility and potential costs
involved with a joint use library, and expressed concern of being myopic in considering its
feasibility. Consideration needs to be given on the how the branch libraries contribute to
services. He expressed discomfort with a joint use library at the expense of the current library
services. The City is not doing enough with the library services it has today and needs to invest
in them as well.
Mayor pro tem Spurgeon commented he voted against the joint use library a few years ago.
However, times have changed and he would now support looking into a joint use library on a fast
track basis, with a report being brought back to Council.
Mayor Coontz commented that she promoted the City's first branch library (Taft Library) and
worked with library issues for a long time. During the recession, she and Councihnan Murphy
pleaded with the librarians to cut their budget because the City Manager at the time was very
interested in giving the library away to the County. If that had been done, the City probably
would not have a library today. This is not a singular issue as it is tied to the expansion of east
Orange, which tl1e City must make a decision about before the end of the year. The City needs to
pursue looking into this issue; Library staff needs to be involved who understand the difference
between a college vs. public library, and there needs to be assistance from the Library Board.
The City Manager noted that although the City is beginning to reap the benefits of an improved
economy, the City does not have the money in the General Fund today, as there are other
priorities.
Councilman Alvarez commented there are creative ways of finding income streams to afford a
joint use library.
PAGE 18
rn
CITY COUNCIL MINUTES
September 14,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
~
Councilman Slater asked what the latest time would be for the City to make a recommendation?
Mr. Strenger replied the first meeting in January, 2000, but that he would prefer an earlier date.
Councilman Slater asked when Mr. Strenger would need a financial commitment from the City?
Mr. Strenger responded three years at the earliest; four years at the latest.
Councilman Murphy asked how soon financial estimates can be updated for City staff to review?
Mr. Strenger responded it would take approximately 30-45 days to re-100k at the plans and
another month to put costs to them. Operational issues would be addressed at the same time.
This would be done in a timely fashion to provide the City an opportunity for good decision
making.
Mayor Coontz expressed concern that discussion on this issue could continue on to another
meeting. How does this affect the progress of the Library Master Plan? The Director of
Community and Library Services responded that the Library Board could assist in preparing this
report and getting it done in timely fashion. Consideration needs to be given to tl1e branches as
to whether it is financially viable and feasible to keep them open.
The City Manager added that additional consideration needs to be given to what type of capital
investment is put into renovating the branches and to what extent; the computerized system the
college uses; reinvestment in the City's own computerized system; and matching systems. The
Director of Community and Library Services indicated that once a decision is made on the Taft
Branch Library, they can proceed with strategic planning, which could be completed after
January, 2000. If Council chooses to explore the joint use proposal, the assessment date and the
final report on strategic planning would be extended by a few months
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that: 1) The Library Board of Trustees to report back to Council with a recornmendation
on a joint use library with Santiago Canyon College by December 14, 1999; 2) the Library Board
of Trustees analyze the pending bond measure with input from Santiago Canyon College staff in
light of the positive impacts for the City in a joint use project; 3) Santiago Canyon College be
allowed to create a staff group to provide accurate information in person to the Library Board of
Trustees at their meetings on all issues and potential objections raised; 4) Santiago Canyon
College staff and the Library Board of Trustees take into consideration the trade-offs for other
library services should this be pursued; 5) take in consideration the Library Master Plan to the
extent possible at this point; and 6) involve library staff in issues of community library vs.
college library in this consideration.
PAGE 19
CITY COUNCIL MINUTES
September 14, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1408
6.1 Report from the Finance Director on the annual review and approval of the
Statement ofInvestment Policy for Fiscal Year 1999-00. (C2500.0)
~
SUMMARY: It is recommended that one change be made to the Statement of Investment Policy
that would increase the allowable limit in government Agencies from $35 million to $50 million.
FISCAL IMP ACT: The proposed change has the potential of increasing interest earnings from
$60,000 to $75,000.
The Finance Director presented the report on behalf of the Investment Oversight Cornmittee and
Investment Advisory Committee, noting that both committees unanimously support the proposed
change.
RESOLUTION NO. 9164
A Resolution of the City Council of the City of Orange approving and adopting a Statement of
Investment Policy and repealing Resolution No. 9004.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9164.
6.2 Appointment of Patricia Welch to the Orange Public Library Board of Trustees.
Tape 1587
Mayor Coontz reported a vacancy occurred on the Library Board of Trustees several months ago.
Ms. Welch's community involvement is impressive. She is interested in keeping the library as
an integral part of the community; has a special interest in the new Adult Speaker program which
was very successful in its first event; and has a great deal of experience in remedial reading
programs for children.
Councilman Alvarez commented that Ms. Cavecche had been serving as a member on the
Library Board of Trustees. He was told by the City Attorney that Ms. Cavecche could serve her
term until Council chose to remove her or reinstate her. He cannot support the appointment of
Patricia Welch, as Ms. Cavecche's reappointment should have been considered with cornmittee
reappointments made by Council in January, 1999. Further, a letter was sent from the Mayor to
Ms. Cavecche without Council's knowledge.
Mayor Coontz responded that the Mayor has the prerogative to appoint committee members.
Ms. Cavecche' s term expired several months ago and she was sent a nice letter and certificate of
recognition. It was assumed that the City Clerk had sent copies to each Councihnember.
PAGE 20
m.,
CITY COUNCIL MINUTES
September 14,1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
The City Attorney clarified that Ms. Cavecche's term did expire and by law, members can
continue to hold office until an appointment is made.
~
Carole Walters, (address on file), commented that Carolyn Cavecche has done a great job on the
Library Board of Trustees and expressed concern with the process involved.
Mara Brandman, 7319 Equitation Way, commented that Ms. Cavecche should be reappointed to
the Library Board of Trustees and not penalized for political opposition.
Mayor pro tem Slater commented on the importance of citizens of Orange knowing that service
on a Board or Committee is based on job performance and qualifications and not on politics.
Carolyn Cavecche was a very active participant in Councilman Alvarez's campaign for Mayor
last November. Patricia Welch would probably be a wonderful attribute to the Library Board.
However, by appointing Patricia Welch, Council would be removing a person who has vitally
contributed to the Library Board for five years; 4 Yz years as President, voted on by her peers;
and spearheaded the effort to rehabilitate the Main Library. It is wrong to not recognize Ms.
Cavecche and remove her from the Library Board.
Mayor Coontz responded that no one individual should be given credit for the Library
rehabilitation, as it was supported by the entire City Council, staff, and other Library Board
members.
Councilman Murphy suggested the item be continued to give Council an opportunity to further
review and consider what direction to take.
Mayor pro tem Spurgeon commented that other individuals have been removed from positions
for political reasons. He supports the continuance of this item which will give him an
opportunity to discuss some of his concerns with Ms. Cavecche. He indicated that he has always
supported the Mayor's prerogative but may have had to abstain from voting on this issue if it
had been voted upon at this meeting.
COUNCILMAN ALVAREZ - "What I would like to see as a policy of the Council is if there is any
notification going to anybody who has been appointed by this Council, that all the
Councilmembers be notified, number one, and number two, that all the Councilmembers be
given the opportunity to sign that appreciation certificate as well. There have been too many that
I have seen since I have been appointed where simply me as a Councilmember see these things
coming before the public, and I turned to my brother Councilmembers to find out why we are not
being given the opportunity to participate. I would like you to consider including us, since we
are all independently elected in these actions that you take."
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 21
CITY COUNCIL MINUTES
September 14, 1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Moved to continue to October 12th.
7.
ADMINISTRATIVE REPORTS
Tape 2795
7.1 Report from the Director of Public Works on the Master Street Tree Plan
(continued from August 24,1999).
RESOLUTION NO. 9159
A Resolution of the City Council of the City of Orange adopting a Uniform Master Street Tree
Plan establishing guidelines for street tree planting and the removal and replacement of street
trees.
Bill Lanning, (address on file), commented on responses received from the Public Works
Department relative to his concern with the City's Master Plan of Street Trees. Changes
proposed were as follows:
. Section 1, Item 1 - change wording to "ground rules" instead of "specifications shall apply".
. Section 3D, Item 3 - "The following spacing standards shall be adhered to in all cases".
Change this wording to a ground rule or guidelines.
. Change second level of planning which calls out the type of trees identified so far for the
streets in the City as part of the Master Street Tree Plan and identify whether it is a
requirement or a guideline. If made part of the Plan, it should be made available to the City
either at an Open House or through the City Clerk's office so people can review it before the
vote is taken.
Council concurred with Mayor pro tem Spurgeon's suggestion that Mr. Lanning meet with staff
to further discuss his areas of concern.
Councilman Alvarez directed staff to look at incorporating into the Master Street Tree Plan
enforcement policies for illegally removed trees, similar to the policy of the City of Fullerton.
Councilman Slater expressed tl1e need for staff to consider Mr. Lanning's proposed changes and
provide Council with justification on why or why not the changes can be made.
Mayor Coontz commented on the importance of notification on the care of a new tree when it is
planted.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Move to continue to October 26, 1999.
PAGE 22
CITY COUNCIL MINUTES
September 14,1999
7. ADMINISTRATIVE REPORTS (Continued)
.-.
7.2 Report from the Assistant Executive Director of the Redevelopment Agency
regarding the status of the former Bank of America property located at 345 East Chapman
Avenue. (P2500.0.l) Tape 4015
The Director of Economic Development reported that in December of 1997 the City purchased
the former Bank of America building at 345 East Chapman A venue due to its availability and
proximity to the Civic Center and the possibility of "land banking" the property for either
development of a new main library or extension of the present library. Development of the site
for library use is likely several years away and will require a full planning effort. Staff from
several departments have been meeting over the last few months to discuss appropriate interim
uses for the property. The consulting firm of GRC Associates was also retained to prepare a
report on potential interim uses. The combined departmental staffs have concluded that the
design and the present condition of the bank building make it infeasible to adapt the structure for
an interim revenue generating use. The building is expensive to maintain and does not meet
current seismic or American Disabilities Act requirements. It was originally designed for
specific bank purposes and does not lend any distinctive architectural character to the
surrounding area. Redevelopment to another permanent use, such as office or residential, would
preclude inclusion of the property in future discussions on library use. Therefore, staff is
preparing a recommendation that the bank building be demolished and the property be utilized
for public parking as-the most appropriate interim land use. This recommendation will include
the removal of the driveway and installation of an enhanced landscaped strip along Chapman
Avenue, installation of new parking lot lighting fixtures to meet Old Towne standards, and
installation of a freestanding ATM to replace the machine presently located in the bank building.
Mayor Coontz commented on the need for Council to be brought up to date on the Bank of
America building as the Main Library, as it stands now, does not address the needs of the entire
community.
Councilman Alvarez asked how expensive it is to maintain the building at this time? Could
Center Street be closed at this location in order to protect the pedestrian traffic? The Director of
Economic Development responded information will be provided in a report back to Council.
Mayor pro tem Spurgeon commented that the right decision was made to buy the Bank of
America building which enabled the City to acquire the land for interim and future use.
~
NOTE: THE CITY COUNCIL RECESSED AT 7:10 P.M. AND RECONVENED AT7:25 P.M.
7.3 Status Report from the Director of Public Works on the moratorium on the
installation of speed humps. (S4000.S.6) Tape 4568
SUMMARY: The City Traffic Commission, based on a recommendation from the Fire Chief
and City Traffic Engineer, have recommended that the City Council continue the moratorium on
PAGE 23
CITY COUNCIL MINUTES
September 14, 1999
7. ADMINISTRATIVE REPORTS (Continued)
speed humps and direct staff from Police, Fire and Public Works Departments to work
cooperatively to revise the City's "Residential Neighborhood Traffic Management Program".
The City Traffic Engineer recommended Council consider continuing the moratorium on the on
speed humps to March 15,2000 to allow time to develop modifications to the City's "Residential
Neighborhood Traffic Management Program." The installation of stop signs could be considered
by the City Traffic Commission at their October 1999 meeting, with notification being sent to all
residential tract residents.
Mayor Coontz noted that a petition was received from fifteen Handy Street residents who were
unable to attend the meeting, expressing support for the installation of stop signs on an interim
basis.
SPEAKING IN FAVOR OF SPEED HUMPS ON HANDY STREET:
Russell Monroe, 2505 E. Locust Avenue, commented that 86% of the residents favor speed
humps; excessive traffic speed continues on Handy Street; and the Ad Hoc Committee could not
reach a consensus. He expressed support for anything that will cut down the speed before a
fatality occurs.
SPEAKING IN FAVOR OF THE INSTALLATION OF STOP SIGNS ON HANDY STREET:
Leonard Stitz, 1166 N. Handy Street, asked if the resolution approving the installation of speed
humps on Handy Street has been rescinded by Council? The City Traffic Engineer explained the
resolution has not been rescinded and that it does not mandate the installation of speed humps by
a given time. Council will decide whether to reverse their previous decision on speed hump
installation when the final recommendation is presented.
Bill Lanning, (address on file), commended the Fire Chief on his report and expressed support
for the interim installation of two stop signs on Handy Street. Traffic studies should be done in
the interim in order to provide a comparison.
Mark Levy, 2441 E. Collins, commented the residents do not just want stop signs and it to be
forgotten. There are other quieting measures that can be employed, maybe less invasive than
speed humps, which would not impact emergency response to where the public would be
endangered. In combination, the measures would have an opportunity to slow down traffic and
add some cosmetic improvements to the street and the area and add to the safety and quality of
life on the street.
~
In response to Mayor Coontz, the City Traffic Engineer indicated that the stop signs would have
striping.
PAGE 24
CITY COUNCIL MINUTES
September 14, 1999
7. ADMINISTRATIVE REPORTS (Continued)
PRESENTED CARDS IN FAVOR OF THE INSTALLATION OF STOP SIGNS ON HANDY STREET
~
Clare Stitz, 1166 N. Handy Street
Basil Reyes, 1142 Handy Street
Cathy Marcotte, 2438 E. Jackson
Ronald Rust, 1129 N. Handy Street
Ronda Rust, 1129 N. Handy Street
Carole Walters, (address on file)
COUNCILMAN ALVAREZ: "Just simply to thank our Fire Chief, as I know that when we kind of
threw this in his lap, that it seemed like he was maybe doing something fuat was a little bit
counter to what the public was looking for. So, I appreciate you taking the bull by the horns on
this one and coming forward with the information."
RESOLUTION NO. 9177
A Resolution of the City Council of the City of Orange declaring a continuation of the
moratorium on the processing and installation of new speed humps within the City of Orange.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9177 and that the installation of temporary stop signs on
Handy Street be considered by the Traffic Commission at the October, 1999 meeting.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the Police, Fire and Public Works Departments to work cooperatively to modify
the City's "Residential Neighborhood Traffic Management Program" according to the Fire
Chiefs recornmendations and report back on the status to the City Traffic Commission at their
October, 1999 meeting.
."""'
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 6196
9.1 ORDINANCE NO. 20-99 (A2500.0 Shopping Carts)
An Ordinance of the City Council of the City of Orange amending Section 8.06.030 of the
Orange Municipal Code relating to the abatement of unattended shopping carts.
PAGE 25
CITY COUNCIL MINUTES
September 14,1999
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy
SECOND - Slater
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 20-99 be read by title only and same was approved and adopted by
the preceding vote.
~
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 8:30 to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation pursuant to Government Code Section
54956.9(b ).
1) Y orba Park Remediation
2) Siting of County Jail in Orange's Sphere ofInfluence
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 (This item was not discussed).
2) City of Orange v. Regents of University of California, Orange County Superior Court Case
No. 78 7192
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.
NOTE: THE CITY COUNCIL RECESSED TO CLOSED SESSION AT THE CONCLUSION OF THE 7:00 P.M.
SESSION. THE CITY COUNCIL RECONVENED FROM CLOSED SESSION AT 9:30 P.M. THE CITY
A TIORNEY REPORTED ACTION TAKEN IN CLOSED SESSION WAS AS FOLLOWS:
The City Council unanimously approved a Settlement Agreement to end the City's
condemnation action. City of Orange vs. Regents of University of California; Orange County
Superior Court - Case No. 78 71 92. (A2100.0 AGR-3338)
PAGE 26
CITY COUNCIL MINUTES
September 14,1999
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 6640
,-
Carole Walters, (address on file), thanked staff for their letter on Pitcher Park barn and
complimented the police officer's on their police chases. Police officers on special assignments
should get meal allowances.
Matt Letteriello, 8227 E. Woodwind Avenue, expressed concern with the changes in trash
collection procedures. The City Manager suggested Mr. Letteriello make an appointment with
the Public Works Department to meet and discuss his concerns.
13.
PUBLIC HEARINGS
Tape 164
13.1 TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM (TSIP); CITY OF
ORANGE (A2500.0)
The public hearing to consider the adoption of a resolution updating the fee structure for the
City's Transportation System Improvement Program has been continued from August 10, 1999.
The fee is assessed against new development projects in the City for the purpose of funding
transportation system improvements throughout the City.
The City Traffic Engineer reported this item was continued in order for staff to bring back a
comparative survey of TSIP fees in other cities. He compared the rates of eight cities of
comparable size, population, and area to the City of Orange on typical projects received, noting
that the City of Orange is a good median.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9134
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
-
MOTION - Mayor Coontz
SECOND - Spurgeon
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9134.
PAGE 27
CITY COUNCIL MINUTES
September 14, 1999
13. PUBLIC HEARINGS (Continued)
13.2 APPEAL NO. 464, MODIFICATION TO CONDITIONAL USE PERMIT 2233-98,
THE MILLS CORPORATION (A4000.0 APP-464) Tape 422
Time set for a public hearing to consider a modification to Conditional Use Permit 2233-98 to
allow text and/or logos on the large identification sty10ns which was denied by fue Planning
Commission on August 16, 1999 and appealed by The Mills Corporation. The property is
located at The Block west of The City Drive between Chapman Avenue and SR-22 (Garden
Grove Freeway). NOTE: The environmental impacts of the proposal were evaluated by
previously approved Negative Declaration 1568-98.
APPELLANT STATES THE FOLLOWJNG REASONS FOR THE APPEAL:
"The Mills is requesting the City to consider the limited use of text or logos on the large stylons
at The Block. Our proposal would allow the graphic area on the large stylons to be used more
frequently for community services and art. By allowing us to recognize a sponsor on the large
sty10ns we can change the graphics more often and provide for more interesting imagery. The
present "Heroes" portraits are a good example on the positive uses of the stylons. The purpose of
the graphics is to provide flair and interest and is not intended for advertising."
The Director of Community Development reported that the six sty10ns at The Block are 90 foot
tall graphic structures that currently have the "Heroes" program on them. The stylons were to be
architectural features of the project, primarily graphic images and include only the words "The
Block" along one edge of the graphic. The Mills Corporation is requesting to modify the
Conditional Use Permit to allow at the bottom 10% of the sign a corporate name or logo. This
addresses First Amendment types of issues which have been of concern to Council in the past.
The Planning Cornmission denied the request at their August, 1999 meeting, having concern with
the addition of the text in addition to the graphics on the signs. The City Attorney has prepared
modified wording to Condition No. 4 of the Conditional Use Permit which make it a more
defensible situation, if Council chooses to approve the appeal.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Jerry Engen, representing the Mills Corporation, One City Blvd. West, Suite 1000, cornmented
their goal is to be able to maintain and continually change out the graphic program and keep it
fresh and stimulating at The Block. The original renderings of the stylons looked like they
would be more visible from the streets and the freeway. Because of the placement of the stylons
and the buildings and surrounding structures, the bottom portion of the stylons cannot be seen,
except when you enter the project. The Mills Corporation still intends to maintain the images on
the stylons and does not intend to create a commercial message for the entire sign.
Mayor Coontz expressed concern with an advertisement for The Block that says the huge signs
rise above the entire center in full view of the 200 million cars that cruise by the adjacent Garden
Grove 22 Freeway every year. Concern was also expressed that the stylons, originally approved
PAGE 28
CITY COUNCIL MINUTES
September 14, 1999
13. PUBLIC HEARINGS (Continued)
as architectural elements, now appear to be associative advertising. Will The Block move into
more full scale cornmercial advertising in their signage in the future and move up into the top
90% of the sign? She is asking for assurance that the City would not be asked for the rest of the
space for direct advertising, either in a commercial message or by associative advertising.
Mr. Engen responded that was an overzealous marketing approach from somebody in the
marketing department who does not understand the sensitivity in what tl1e stylons mean to the
project, indicating the situation is being taken care of. Their intent is not to change the approach
to the graphic images. The Block is willing to stay with the original approval as it relates to the
kind of images on the sty10ns, and does not look to change and incrementally grow the location
of the logo, move it up, or make it a larger part of the sty10n. He is willing to live with what is
being asked today and not ask for any other incremental increases in the future.
Mayor Coontz asked for assurance, for the record, that the sponsor of the sty10n would not be
identified by pictorial representation or by additional words and messages. Mr. Engen responded
that they would not try to relocate or increase the size.
Councilman Murphy asked for further clarification, using as an example an advertisement with
Nike on the sty10n bottom and Michael Jordan wearing Nike shoes on the top of the sty10n? Mr.
Engen responded they would not propose to do that as it is too literal in interpretation. It would
be more of an image of outdoor athletics, something that is happening today, and would not
include a logo or a label or something that is clearly identifiable.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Councilman Alvarez expressed concern with being put in the position of having to police a
business that benefits the City and other developers asking for the same benefit. This has the
potential of opening the door to allowing other signage to proliferate throughout the City. He
indicated he could not support the appeal.
~
The City Attorney stated that from a legal standpoint other developments would not be able to
argue that they are entitled to signage since signage was provided to The Block. The study does
a good job in identifying the uniqueness of the area. He expressed concern with the City's ability
to regulate how much of the sign can be commercial or non-commercial. The City does have the
ability to regulate both the location and number of billboards. The City will have to rely on The
Block's willingness to live up to their Conditional Use Permit (CUP), not challenge the City
from the basis of the CUP, and their promise that they will not seek any additional commercial
messages on the rest ofthe stylon.
Mayor pro tem Spurgeon commented that based on the City Attorney's advice from a legal
standpoint, he would be comfortable dealing with other developments seeking the same approval
on a case-by-case basis.
PAGE 29
CITY COUNCIL MINUTES
September 14,1999
13. PUBLIC HEARINGS (Continued)
Councilman Slater commented that he is convinced legally that tl1e City is in a good position to
allow some flexibility. He asked Mr. Engen for a commitment that there would be no further
commercial steps taken on the stylons that would put the City at jeopardy. Mr. Engen concurred,
for the record.
Councilman Murphy commented that what makes The Block unique is the renewable media in
the center. One of the keys to the success is the ability to make the changes within reason. The
move from a black and white image to color will give it a fresh look.
MOTION - Murphy
SECOND - Mayor Coontz
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the appeal with the noted changes to Condition No.4 as outlined in tl1e memo
from the City Attorney to Council dated September 14, 1999; Council's concerns addressed in
the minutes be recognized; and the required four findings be included in granting the
modifications to Conditional Use Permit 2233-98.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
The City Council adjourned at 9:30 p.m. in memory of Keller Watson, Jr.
'-1}~) GLw1~~)
M CO RERAS
DEPUTY CITY CLERK
JOANNE COONTZ
MAYOR
PAGE 30