06-22-1999 Council Minutes
APPROVED BY THE CiTY COUNCIL ON JULY 13, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING JUNE 22, 1999
The City Council of the City of Orange, California convened on June 22,1999 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
P~rorTrenn~,Gr~eCh~ch
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Sp~geon, Alvarez
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Mayor Coontz announced that James L. Whitaker p~sed away on July 12, 1999. Mr,
Whitaker w~ a member of the E~t Orange Improvement Committee. The meeting will
be adjourned in his memory,
Employee Recognition Service Awards w~e presented by the City Manager to Wayne
Winthers (City Attorney); Mark Matsuda (Community Services), Joseph Ramirez
(Police), Michael Brown (public Works), Terry Remyn (Water), Sharon Crawford
(Economic Development), Robert Timboe and Dennis Weaver (Fire), Randy Thompson
(Police), Victor Uribe, Ruben Gallegos and Robert Knaak (Public Works).
Resolution No, 9128 w~ presented to Philip R. Pierce of the Public Works Department,
commending him for more than 28 years of service.
Resolution No. 9130 was presented to Frank F. Harlan II of the Public Works
Department, commending him for over 19 years of service,
Resolution No. 9105 w~ presented to Police Sergeant Stanley Gabel k of the Police
Department commending him for more than 30 years of service,
A proclamation was presented to William Ulm for his acts of heroism in saving a child.
Diana Gentry, Project Coordinator for the 1999 Leadership Orange CI~s, presented "The
Mosaic that is Orange" to the City which provides pages and links to the City's web site,
www.cityoforange.org,
PAGE 1
CITY COUNCIL MINUTES
June 22,1999
2.
PUBLIC COMMENTS
Tape 1082
Richard Carlson, 153 S, Cambridge Street, expressed concern for children's safety on S,
Cambridge Street and requested enforcement of the bike lane hours and illegal parking,
Carole Walters, asked ifthe Police and Fire Department, City Manager and City Officials
will be going through the City schools to see what can be done to prevent incidents such
as the one that occurred in Littleton, Colorado? Who pays the Police Department when
filming is taking place in the City? The filming companies should pay for the police
officer's time and meals during filming in the City,
Mayor Coontz indicated the City Manager would respond to the above questions and
concerns addressed, In response to Carole Walter's inquiry regarding City schools, the
Mayor indicated she spoke to this issue at the last Council meeting. A report wiJJ also be
presented at the July 13, 1999 meeting regarding the Cities-Schools Coordinating
Committee meeting and the discussions regarding Emergency Response Training.
Information is being exchanged with the OUSD on programs regarding protecting the
youth,
3.
CONSENT CALENDAR
Tape 1320
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 22, 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 June 3 and 10, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, May 25, 1999 and
June 8,1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved,
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CITY COUNCIL MINUTES
June 22,1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Reimbursement Agreement between the City of Orange and the Orange
Redevelopmeut Agency. (A2l00.0 AGR-3283)
SUMMARY: The reimbursement Agreement between the City and Agency will create
indebtedness which will enable the Agency to utilize tax increment revenue instead of
bond proceeds to pay for operational costs. This will free up bond proceeds for loans or
projects.
FISCAL IMP ACT: There is no net fiscal impact on either the Agency or City budget,
other than to utilize tax increment funds to the extent available to pay for Agency
operational costs. Interest paid by the Agency on the loan will be offset equally by
interest earned by the Agency on the loan proceeds. There are sufficient tax increment
revenues and other funds available to repay this loan.
Discussion: Robert Peringer, 231 S. Park Lane, expressed concern that utilizing tax
increment revenue instead of bond proceeds to pay for operational costs will hide the
problem with operational costs? What is the annual operating expense of the
Redevelopment Agency? What is the current bond indebtedness of the Redevelopment
Agency?
The Director of Economic Development will provide Mr. Peringer with a list of each
bond issue and the amount, which is included as part of the City's budget. A copy of the
breakdown of the department's expense, which is slightly over $1 million, was presented
to the speaker and the City Clerk for the record. The Agency will have the flexibility to
use tax increment revenue or bond proceeds.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved the Reimbursement Agreement between the Agency and the City.
And amended the 1999-00 revenue and expenditure budget to record the loan and the
corresponding repayment of the loan in accordance with Exhibit "A".
3.6 JTPA Agreement between City and County of Orange to provide reimbursement to
City for costs associated with training Displaced Federal Firefighters. (A2l00.0
AGR-3284)
SUMMARY: On February 9, 1999, the City approved Resolution No. 9074 approving
the hiring of civilian federal firefighters who were terminated from employment because
of military installation closures without complying with the City's usual employment
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CITY COUNCIL MINUTES
June 22, 1999
3. CONSENT CALENDAR (Continued)
procedures. Such action was authorized by Senate Bill 538, codified as Government
Code Section 53270. Under the Federal Job Training Partnership Act, the County of
Orange has made $19,972.00 in funds available to reimburse the City for the costs
associated with training displaced federal firefighters hired pursuant to Senate Bill 538.
This agreement enables the City to obtain those funds.
ACTION: Approved the agreement and authorize the Mayor and City Clerk to execute
the agreement on behalf ofthe City.
FISCAL IMPACT: Revenue to General Fund in the amount of$19,972.00.
BIDS
3.7 Award of Contract - Bid No. 989-39; Project No. SP-3095; Main Street and
Chapman Avenue Intersection Widening, Phase 1. (AZ100.0 AGR-3285)
SUMMARY: The project will improve Main Street from 400 feet south of Chapman
Avenue north to Maple Avenue, and Chapman Avenue from 390 feet west of Main Street
east to Little Main.
The construction improvements to be completed as part of this project include the
intersection widening for the addition of dedicated right turn lanes for north and south
bound Main Street onto Chapman Avenue, and widening of Chapman Avenue at the
intersection for two through lanes oftraffic and dedicated right turn lanes.
ACTION: Awarded a contract in the amount of$832,286.25 to Hillcrest Contracting and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 262-5011-483300-3229 $537,037 (Measure M),
550-5011-483300-3229 $803,893 (Measure M - lIP) and, 271-5011-483300-3229
$17,694 (Special Gas Tax - Construction).
3.8 Contract Change Order No. 1 for Bid No. 989-25, Project No. SP-3264, Street
Maintenance Asphalt Concrete Overlay Various Locations (year 1998-99). (AZlOO.O
AGR-3230)
SUMMARY: This Final Contract Change Order authorizes payment for the unforeseen
extra work caused by unstable subgrade. The total contract cost is $228,716.00
ACTION: Approved Final Contract Change Order in the amount of $9,456.18 to R. J.
Noble Company for the extra work.
FISCAL IMPACT: Funds are budget and available in the following account: 262-5021-
483300-3120 $9,456.18 (Street Maintenance).
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CITY COUNCIL MINUTES
June 22,1999
3. CONSENT CALENDAR (Continued)
3.9 Traffic Signal Modification/Installation at four locations (Bid No. 990-03) Approval
of plans and specifications and advertising for bids. (S4000.S.3.3)
SUMMARY: Plans and specification have been completed for traffic signal
modification/installation at the following locations:
Modification of Traffic Signal at the Intersection of Chapman Ave. and Batavia St.
Modification of Traffic Signal at the intersection of Glassell St. and Fletcher Ave.
Modification of Traffic Signal at the intersection of Main St. and Collins Ave.
Installation of a new Traffic Signal at the intersection of Prospect St. and Spring St.
These projects are ready to be advertised. The total estimated construction cost is
$275,000.00.
ACTION: Approved plans and specifications and authorized advertising for Bid No.
990-03.
FISCAL IMPACT: Funds for these projects are available in the following accounts:
TSIP AreaB #284-5032-483100-6145
TSIP Area B #284-5032-483100-6143
TSIA Area B #284-5032-483100-6144
Developer Funds #550-5032-483100-6194
Total Funds Available
Chapman/Batavia
Glassell/Fletcher
Main/Collins
Prospect/Spring
$ 55,550.00
55,550.00
55,550.00
145.550.00
$312,200.00
3.10 Award contract Bid No. 989-44, Traffic Signal Interconnect System on Katella Ave.
(A2l00.0 AGR-3286)
SUMMARY: This project provides an interconnect communications link for all the
traffic signals on Katella Ave. between the SR-55 Fwy. and Struck Ave. It will also
provide future opportunities for closed circuit TV s and interaction between the Traffic
Management Centers (TMC) of the City of Orange, Anaheim and Caltrans.
ACTION: Awarded a contract in the amount of $253,770.00 to High Light Electric, Inc.
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: The bid amount of $253,770.00 is available in the following
accounts:
#284-5011-483100-6462 (Katella Interconnect Project)
#550-5032-483100-6462 (Reimbursable from OCTA
(SIP Component of Measure M)
$ 39,328.00
$248,295.00
Total
$287,623.00
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CITY COUNCIL MINUTES
June 22,1999
3. CONSENT CALENDAR (Continued)
3.11 CLAIMS FOR DAMAGES (C3200.0)
City Attorney recommends the Council deny the following claim for damages:
a. Heirs of Kimberly Bergstrorn
ACTION: Denied claim for damages and referred to City Attorney and Adjuster.
PARK GRANT FUND EXPENDITURES
3.12 Reallocation of Park Grant Funds to Handy Park Renovation Project. (C2500.M.4)
SUMMARY: It is recommended that surplus funds in the Park Grants Account be
reallocated to the Handy Park Renovation project which will free up funds in the Park,
Acquisition and Development Fund for other projects.
ACTION: Approved an appropriation from existing Park Grant Funds to Account No.
320-7021-481200-0017 (Handy Park Renovation) - $83,862.41; and unappropriated
funds from Park Acquisition and Development Fund (510) in Account No. 510-7021-
481200-0017 (Handy Park Renovation) - $83,862.41.
FISCAL IMP ACT: Adequate funds are available in the Park Grants Fund to cover
departmental expenditures. This action will free up $83,862.41 in additional funds in the
Park, Acquisition and Development Funds.
RATIFICATION OF DECLARATION OF EMERGENCY
3.13 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
FISCAL IMPACT: None.
RESOLUTIONS
3.14 RESOLUTION NO. 9136 (AZlOO.O AGR-0343.A.M006)
A Resolution of the City Council of the City of Orange approving the execution of
Program Supplement Agreement No. M006 to Local Agency-State Master Agreement
No. 12-5073 for Federal-Aid Projects which will fund a portion of preliminary
engineering cost for three (3) City of Orange Bridge Barrier Rail Replacement projects;
Bridge Nos. 55C0046 (Katella Ave. @ Collins Channel) and 55C0130 (Glassell St. @
SAR).
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CITY COUNCIL MINUTES
June 22, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.15 RESOLUTION NO. 9139 (AZIOO.O AGR-3230)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-25; SP-3264; R. 1. Noble
Company; Asphalt Concrete Overlay at Various Locations Street Maintenance (1998-99).
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9142 (A4000.0 APP-461)
A Resolution of the City Council of the City of Orange denying Appeal No. 461 and
upholding the decision of the Planning Commission to deny Minor Site Plan Review 81-
99 and Mitigated Negative Declaration 1593-99 allowing the demolition of an existing
garage and construction of two, one and one-half story duplexes and a single story
garage/workroom for six vehicles behind an existing historic single family home on
property located at 630 East Culver Avenue.
Appeal No. 461, Minor Site Plan Review 81-99
Mitigated Negative Declaration 1593-99, Applicant and Appellant: Ralph Zehner
Prior unanimous approval by Council to deny the project at the public hearing held on
May 25,1999.
Discussion: Dan and Martha Phelan, 375 S. Pine Street, and Mattie Link, 801 E. Culver
Avenue, spoke in support of the Resolution.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved.
3.17 RESOLUTION NO. 9143 (AZlOO.O AGR-0343.A.M007)
A Resolution of the City Council of the City of Orange approving the execution of
Program Supplement Agreement No. M007 to Local Agency-State Master Agreement
No. 12-5073 for Federal Aid Projects with the State of California which will fund a
portion of the street reconstruction on Glassell Street from Maple Avenue to Walnut
Avenue.
ACTION: Approved.
PAGE 7
.
CITY COUNCIL MINUTES
June 22,1999
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
(REMOVED AND HEARD SEPARATELY)
3.18 Extend Review cycle for Downtown Special Events and Rotary Club of Orange
Sunrise for a Car Show. (p1300.0.9)
SUMMARY: A proposal to extend the review cycle for Downtown Special Events; and
a request for approval ofthe Rotary Club Charity Car Show for April 16, 2000.
ACTION: Approved the extension of the annual review cycle for Downtown Special
Events from 12 months to 18 months; approved the request from the Rotary Club of
Orange Sunrise for a Car Show at the Plaza on April 16, 2000; and approved Resolution
No. 9140 authorizing the closure of the public street.
Note: Councilman Alvarez abstained on this item due to a property interest at 131 S.
Glassell, 112 E. Chapman and 60 Plaza Square.
The Director of Community Development reported that due to Plaza businesses' conflict
with the April 16, 2000, the Rotary Club agreed to move the date of the event to April 30,
2000.
Lissa White, 129 N. Glassell, addressed the following problems that have occurred,
specifically with the car exhibitors:
I) Proper attention needs to be given to keep the car exhibitors from sitting in the stores
front area which includes lounge chairs, umbrellas, coolers, and standing in front of the
doorways and windows to get out of the sun. This can be corrected by having a rule
stating that this is forbidden and that the exhibitors must provide their own shade next to
their vehicle. This needs to be closely monitored and by the event staff. A specific
person with a number should be available for incidents that may occur.
2) Monitoring and cleaning up of the trash that is left behind. This includes debris on the
sidewalks and also the spilled food and drink on the sidewalk and trash receptacles. The
solution is that all trash picked up, not only from the sidewalk and streets, but the trash
receptacles as well. More trash cans should be provided and the sidewalks should be
cleaned after the event.
3) The provision of restrooms with proper signs noting where they are, placed away from
the front of the stores. The solution is to have them off the main streets and large signs
posted on all corners.
Ms. White asked that the requests be written to the event planners from the City so they
may be put in the application forms and understood by all.
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CITY COUNCIL MINUTES
June 22, 1999
3. CONSENT CALENDAR (Continued)
Lisa Ackerman, 151 N. Glassell, concurred with Ms. White's comments and suggestions.
The exhibitor's application should include that chairs, tables, etc. cannot be placed on the
sidewalks and that they need to provide their own shade near their vehicles. There needs
to be some police enforcement at the event. Since next year's budget increases the
sidewalk cleaning for the Plaza area, it was suggested the cleaning be done the day after
the car show.
Mayor Coontz commented one of the problems may have been that the Rotary Car Show
was more successful than they had hoped. She understands they will be limiting the
number of participants at their next event. The recommendations suggested need to be
shared with the organization. More information will be provided in the fliers to help
resolve some of the issues. Councilman Murphy supports scheduled cleanings after these
types of events.
The Director of Community Development commented that progress is being made. His
department will continue to facilitate discussions between the downtown merchants and
the event operators.
RESOLUTION NO. 9140
A Resolution of the City Council of the City of Orange temporarily closing sections of
Glassell Street and Chapman Avenue immediately abutting the Plaza area of the
Downtown business district for special event in 2000.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to approve Resolution No. 9140 and the suggestions noted.
TREASURER'S REPORT
3.19 Monthly Treasurer's report for the period ending May 31, 1999. (C2500.F)
ACTION: Received and filed.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 9
CITY COUNCIL MINUTES
June 22,1999
3. CONSENT CALENDAR (Continued)
Consent Calendar Item Nos. 3.5, 3.16 and 3.18 were removed and heard separately.
Councilman Alvarez abstained on Item No. 3.18. The remainder of the Consent Calendar
was approved as recommended.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1871
4.1 Ad Hoc Coordinating Committee with Cal Trans and OCTA
Mayor Coontz reported the City is midway through 1999 which is a good time to key in on
several projects of major importance to the community. Most of the residents of Orange are
already experiencing the early stages of Caltrans long-awaited improvements to the 55 Freeway.
The City of Orange Traffic Engineers have been meeting with Caltrans for years to give their
professional input so that there is a smooth ride and improved transition for anyone who lives,
works, shops or visits the City of Orange. This Council worked with Caltrans during the 5
Freeway North Improvement Project, stating that she and Mayor pro tem Spurgeon worked
closely with City staff, Caltrans, and the OCTA to identify and resolve issues affecting the
community. They were able reduce the State College overcrossing closure from six months to 30
days. The re-opening was critical to help meet the increased traffic demand created by The
Block at Orange. The Community Outreach Committee formed with Caltrans and OCT A was
the prototype for the same approach now being taken with the SR-55 Improvement Project.
Mayor Coontz further reported that she asked Councilman Slater to join her on the 55 Project
Team to spread the wealth of knowledge and experience among the Councilmembers. Effective
improvements to City streets, arterials and surrounding freeways have always been and continue
to be a priority. Meetings are held monthly with Caltrans and OCTA to press for better
communication with the public, assistance for businesses located along the route, and to share a
long list of gripes, recommendations and appreciation when suggestions are acted upon. City
staff has done a great job in working with Caltrans and OCTA. Caltrans' only responsibility is to
the reconstruction of the 55 Freeway, as a State of California freeway. The City is responsible
for alleviating the impacts the project has on City streets. Staff is in constant communication
with OCTA to serve local interests, which includes coordinating detour routes, providing
informative signage, restriping City streets to accommodate the changes in traffic flow, re-timing
traffic signals, and serving as a liaison to Caltrans to improve public information and outreach
activities. Staff is out there every day with their trucks loaded with signs, striping materials,
project plans, radio and cellular phones, in constant communication with Caltrans to keep the
community moving. The new Caltrans District Director, Mike McManus, meets with her bi-
monthly to hear her concerns and suggestions. He listens well and shares his thoughts about the
project with her.
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CITY COUNCIL MINUTES
June 22,1999
4. REPORTS FROM MAYOR COONTZ (Continued)
The project is just beginning. There are several years to go and a lot of patience to muster. This
is an improvement project and its purpose is to better the freeway. There are definite benefits to
the waiting game for the City of Orange. The project widens the existing freeway lanes and adds
an additional traffic lane all the way from the 22 to the 91. The on and off ramps are being
reconfigured to allow safer transitions. The SR-22/55 connection is being realigned to create two
through lanes from the northbound 55 to the westbound 22. Another important aspects is that
she and Councilman Slater pressed for an additional benefit, improved landscaping at the 55
interchanges at Chapman, Katella, and Lincoln. The new landscaping will be a significant
improvement over what was originally planned and will enhance the gateways to the City.
The City must complete two additional roadway projects within the next year. The City will
finish repaving Tustin Street from Fairhaven to Collins early next fall. The majority of work will
be at night though a few sections must be completed during the day. The City will not work on
the section of roadway between La Veta and Fairhaven until April, 2000, after the La Veta
Bridge has been reopened to traffic. It is essential that the City gets the project completed as the
roadway needs repairs and the increased traffic caused the by freeway project is causing the
roadway to deteriorate more rapidly. Additionally, fund are being received from OCTA and it's
a use it or lose it situation. The second project will be the repaving of Chapman Avenue from
Grand to Tustin. City engineers are working on a project schedule now and the City will do all it
can to minimize impacts. Everyone was thanked for their patience and cooperation. Questions
or suggestions can be referred to Caltrans Transportation Helpline at 800-724-0353 or the Public
Work's Department at 714-744-5525. The Mayor's Hotline Number is 714-744-5511.
******
Mayor Coontz noted she will address the following items listed on the agenda at another time
due to time restrictions:
Cities/Schools Coordinating Committee
Cooperative Agency purchasing
Youth Services Council of Orange
Emergency Response Training
******
Carole Walters, (address on file), indicated she has received calls from residents at the mobile
home park on Meats Avenue who are being disturbed by construction noise at night. What can
the City do about this? Did Walmart give money to Caltrans for an off-ramp at this location?
The Director of Public Works said Caltrans has been responsive to these kinds of concerns when
they have been raised elsewhere. It was suggested that Ms. Walters provide the names of the
individuals who have contacted her in order that they can be put in contact with Caltrans
Community Relations. Unfortunately, most of the work has to be done at night because of the
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CITY COUNCIL MINUTES
June 22, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
freeway closures. Caltrans is aware of the impact on residential properties and does have means
to try to mitigate problems. Mayor Coontz added the best way to resolve these types of issues is
to go directly to Caltrans or to the Public Works Department, noting that several community
meetings were held regarding the Caltrans project which were advertised through mailings,
newspaper ads, and on the City's web site.
Councilman Slater complimented Mayor Coontz on her report. He asked that individuals call the
Mayor's Hotline or the Public Works Department regarding their concerns. Last week the Meats
bridge was torn down, which was probably a large source of the immediate problems. The end
result will be better. There will finally be complete landscaping at all the intersections when the
freeway is completed. Tustin Street south of Collins Avenue will also be repaved this fall, as
potholes have been developing.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Alvarez - Lead a discussion to have the City Council authorize the
formation of a non-profit corporation to which individuals and businesses could be
solicited to make tax deductible financial contributions for various community projects and
services that benefit the community. (C2500.D)
Councilman Alvarez reported the Council was briefed a few months ago by the Director of
Community and Library Services about the possibility of a private non-profit corporation that
would come in and raise funds for the City in order to meet some of the City's needs. A few
months later he met with the City Manager, Councilman Slater and Community Services about
childrens' needs in the City and what other cities are doing.
For the record, Councilman Alvarez suggested Council authorize the formation of a non-profit
corporation to which individuals and businesses would be solicited to make tax deductible
financial contributions to various community projects and services that really benefit the entire
community. His focus is on the kids of this community to try to provide things and services for
them. We can all agree, if we can keep them busy, keep them in different events, it can kind of
keep them out of trouble. The premise of creating this would be basically to lessen the burden of
City government. The Community Services Director has quite a challenge trying to meet his
budget needs and at the same time trying to focus that into meeting the needs of the community.
The kids really are the bottom line. They are the ones that everything is aimed at. By lessening
the burden, we can allow businesses to come forward to a non-political entity and make
contributions towards their community. I have found in talking to some businesses, they simply
don't give back to the community for one simple reason, they have never been asked. So, we
need to start asking in order for them to contribute. I think by doing this we can promote cultural
things here in the City of Orange, recreational and human service needs to everybody here in
Orange.
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CITY COUNCIL MINUTES
June 22,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
Included in this discussion, which is important, is that Council hire a specialist to do this.
Somebody outside of the City, that it be a non-profit corporation and they would: I) be non-
profit so that donations would be tax deductible; and 2) by being outside the City we can hold
them accountable by having a contract with them, or as we know it, as a MOU (Memo of
Understanding). By doing this, we can have a detailed response or detailed contract as to what
we expect. Because, in doing something like this, if you research what the other cities are doing,
you have to plant the seeds. And anybody in business understands that if you're going to make
money, you're going to have to spend some money to make it. And that's how you do it. Even
with the non-profit corporation, it takes effort. So, you basically look at something like this and
decide, well, if I'm going to spend so much money, what is my return going to be? So, that's my
proposal. I think it would be a great windfall to our community services if we could get this off
the ground.
It is my recommendation that Council looks at this and look at who is out there doing it. We
have already been given one proposal, from one company. And I would like to see what they
would do, if they were essentially set at 30 days to come back and give us a proposal on what
you can do. I think with our City Manager and the work with our head of Community Services,
together, I think they can put together something that the Council can really agree to. Because,
ultimately, what this is going to do, it's going to fund programs that right now we can't fund for
children. I think those of us as a Council always have been committed to childrens' programs
and adult programs. I think this is a way that a lot of cities are now going because of the shortfall
of money. I think it is important that we look at it now.
Mayor Coontz commented the same presentation was given to the Mayor and Council by the
Director of Community and Library Services and credited the Community Services Department
for promoting the idea.
The Director of Community and Library Services explained the foundation was an idea
conceived in his department a few years ago to help augment or supplement their budget. The
desire is to create and implement such a foundation. To date, they have gone through the normal
application process, and have Articles ofIncorporation. The by-laws are close to completion, but
need to be reviewed by the City Attorney. There is currently no sound operational base from
which to spring forward.
Mayor Coontz asked if a draft would be brought back to Council with the goals of the
corporation? The Director of Community Services indicated his department is working with the
City Manager and City Attorney to formulate a final plan to bring forward.
In response to Councilman Alvarez, the Director of Community Services clarified that his
department will put in place the structure needed to interact with a non-profit organization that
would be the fund raising entity. The timeline will depend upon when the by-laws are finished
and the direction given to find an outside director. The City Manager added the by-laws will be
reviewed to develop the scope of what the Director and/or Board of Directors will deal with. He
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CITY COUNCIL MINUTES
June 22,1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
will meet with each Council Member to review the scope, before it is brought to Council for final
approval.
MOTION - Alvarez
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to July 13, 1999. The City Attorney to provide a report with a timeline.
5.2 Councilman Slater - Consider directing the Planning Commission to study building
requirements for single family homes relating to mass and volume criteria.
Councilman Slater reported this item pertains to a construction project taking place at 330 North
Milford. Staff indicated the project meets the Code requirements. A garage is being constructed
next to a house in a single family neighborhood of one-story homes, where a semi-tractor/trailer
could be housed in this structure. Councilman Slater feels it is inappropriate for the
neighborhood. It was recommended that the Planning Commission look to see if something can
be done to prevent this from happening in the future.
In response to Councilman Murphy's questions, the Director of Community Development
explained the area does not have any special requirements for conditional use permits. Most
single-family residential areas do not have that requirement. The City has development
standards. Most people do not take advantage of them to this extent. A lot more bulk and mass
is allowed in a normal single-family residential neighborhood than most people really need. The
City recently has included floor area ratio in residential areas. Another form of volume constraint
limitation may need to be reviewed. Mayor Coontz commented this should be addressed by the
Planning Commission.
Carole Walters, (address on file), asked why some people can build and others cannot? The City
Manager responded that no one anticipated that someone would build a structure of this height
and mass, which is why this item was agendized by Councilman Slater.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the Planning Commission to study building requirements for single-family
homes relating to mass and volume criteria requirements in single-family neighborhoods
including the issue of mansionization in single family neighborhoods and comparing
requirements of second-story add-ons.
PAGE 14
CITY COUNCIL MINUTES
June 22,1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Review of appointments to the Orange Park Acres Planning Committee.
The City Attorney gave a synopsis of the history of the Committee according to City records
since its creation in 1973/1974 and explained the Maddy Act and its requirements. The City has
no records indicating that any Committee members were appointed by Orange Park Acres
residents/landowners. At the meeting of April 27, 1999, Mayor Coontz, with Council's majority
approval, appointed five members to the Committee, consistent with past practice.
Mayor Coontz noted the reorganization of the Committee, approved at the April 27, 1999
meeting, more clearly identifies the role of the Committee. There had been some past confusion
regarding this. The Orange Park Acres Specific Plan had not been distributed to previous
Committee members, which is important. The new role of the Committee is to review and
provide recommendations to the City Council and Planning Commission regarding significant
land use proposals (such as new tract developments and general plan amendments) and policy
issues relating to circulation, infrastructure, and equestrian/recreation trails within the Orange
Park Acres Community. The Orange Park Acres Plan is a basis for the origination and
continuation of the advisory Committee. This information was not included in the explanation of
what the general duties of the Committee. Further, Council appointed Committees need to have
people who will reasonably look at all of the issues. Members are given the opportunity to make
fair and objective decisions. A flier was distributed throughout the Orange Park Acres
community with outdated information.
Councilman Alvarez commented Council needs to determine whether they are going to follow
the intent of Supervisor Clark's letter of December 10, 1973? He would like a decision made so
that a set criteria can be followed in the future. Mayor Coontz responded that past history and
City records indicate that appointments have not been made in this manner.
Mayor pro tem Spurgeon expressed concern with the Committee's history and what role the
County Board of Supervisor has relative to appointments. He noted that Shirley Grindles'
historical perspective of the Committee coincides with City records. It appears that tradition has
strayed over the years. He was unaware until this meeting that the Supervisors do not want to be
a part of the Committee any more. Is it historically correct that Orange Park Acres has appointed
a person to the Committee? The City Attorney responded that it doesn't appear from the City's
records that landowners or residents ever made an appointment to the Orange Park Acres
Committee.
Councilman Slater noted that George Rach, originally appointed by the County Board of
Supervisors in 1973, continued to serve until 1993. Shirley Grindle has pointed out that the
makeup of Orange Park Acres has changed over the years and made some excellent suggestions
and guidelines on how the Committee could be reformulated. Orange Park Acres needs to feel
they are properly represented.
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CITY COUNCIL MINUTES
June 22,1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
The following people spoke in favor of having an Orange Park Acres Association recommended
appointee to serve on the Orange Park Acres Planning Committee:
Carol Walters, address on file
Richard Siebert, 1388 N. Kennymead Street, Orange Park Acres President
Laura Thomas 7211 Clydesdale
Amos Deacon, 9702 Windes Drive
Carolyn A1iotta, 3229 E. Clydesdale
Marty Poort, 11 021 Meads Avenue
Tom Anderson, 1392 N. Stallion Street
Sybil Leffier, 10693 S. Orange Park
Mara Brandman, 7319 Equitation Way
Heidi LeMeiu, 1387 Kennymead Street
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres
Charles Leffier, 10693 S. Orange Park Blvd.
******
Craig Olson, 699 Creekview Drive, commented that no special interest groups should have a
disproportionate right to representation on the Orange Park Acres Planning Committee. Orange
Park Acres Association membership is voluntary and includes individuals who are not residents
of Orange Park Acres. COP AC acts as a subsidiary organization to Orange Park Association, or
visa versa.
Skip Raymond, 6016 Teton Avenue, commented he has appeared before the Orange Park Acres
Planning Committee and they did a very good job of protecting the interests of the Orange Park
Acres community.
******
In response to confusion raised relative to the flier distributed throughout the Orange Park Acres
community with outdated Boards, Committee & Commission Directory information, Mayor
Coontz explained the information distributed was outdated and that an amendment was made to
the Directory as a result of changes made by Council to the makeup and goals of the Orange Park
Acres Committee at the April 27, 1999 meeting.
In response to questions raised, the City Attorney explained that by State law all committee
appointments are made by the Mayor. The City should go forward on the premise that Orange
Park Acres cannot make an appointment, but can make a recommendation for the appointment.
Mayor Coontz indicated that in speaking with former Mayors Smith and Beyer, they indicated to
her that recommendations could be made, but it is up to the Mayor to decide whether he or she
wants to accept the recommendations.
PAGE 16
CITY COUNCIL MINUTES
June 22,1999
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
Councilman Slater suggested criteria be established for the Committee, reading from Ms.
Grindle's recommendations on Page 3 of her memo to Council dated June 15, 1999, with the
Method of Selection being amended to read, "All five members would be chosen by the City
Council. One member would be recommended by the OP A Homeowners Association, which
would be reviewed when the recommendation was approved." The City Attorney suggested the
committee criteria be brought back at the same time the appointment is made, as it needs to be
reviewed, some recommendations may not be legally valid.
MOTION - Murphy
SECOND - Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue and set up specific organizational makeup of the Committee for future
appointments and enlist the input of the Orange Park Acres Association Board for the
recommendation for the vacancy. Instruct the City Attorney to review the criteria for the
Committee and return to Council at the same time the recommendation is made to fill the
Committee's vacancy. (See Item No. 6.3)
6.2 Appointments to the newly organized Design Review Committee. (Four year Terms
to expire June 2003.) (OR1800.0.26.1)
Mayor Coontz reported the Design Review Board will officially be disbanded on June 24th. It
was noted the recommended appointees were difficult to find because of the high volume of
business activity going on at this time. The appointments need to be made now to keep the DRC
meetings on schedule to assure that business decisions are made in a timely manner.
Councilman Alvarez requested this item be continued to allow him time to review the
recommended appointments.
The Director of Community Development explained there is an ongoing cycle of design review
activity. The meetings are held every two weeks. Approximately ten items have been scheduled
for the first meeting of the Design Review Committee which would be held on July 7th. At the
request of the City Council, the City Attorney advised the items scheduled for July 7th would
have to be carried over.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to July 13, 1999.
6.3 Accept the resignation of Mark G. Harris from the Orange Park Acres Planning
Committee and instruct the City Clerk to begin Maddy Act requirements. (OR1800.0.26.l)
PAGE 17
CITY COUNCIL MINUTES
June 22,1999
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Public Works - Contract Change Order No.1 and Final
Contract Change Order for Project No. SP-2939, Cannon Street and Bridge Widening
located between Santiago Canyon Road and Lexington Avenue. (S4000.S.7)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in final as-
built quantities at contract unit price and unforeseen extra work beyond the original scope of
work. The total contract cost is $1,704,439.62.
The Director of Public Works presented the report.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: Approve Final Contract Change Order in the amount of$203,192.l2 to the County of
Orange for additional payment to Banshee Construction Co., Inc. for the extra work; approve
$79,823.56 payment to the County of Orange for the additional contract administration cost
including surveying, material lab testing, design review, utility notification, water quality
monitoring, and construction inspection services; appropriate $255,000.00 from unappropriated
Special Gas Tax Fund 272 to Account No. 272-5011-483300-3819 for the additional
construction cost and engineering contract administration cost; and accept the completion of
certain public work and improvements; SP-2939; Cannon Street and Bridge Widening.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts in the Fiscal
Year 1999-2000 budget: Account No. 271-5011-483300-3819 $ 38,252.96 (Special Gas Tax);
Account No. 272-5011-483300-3819 $255,000.00 (Special Gas Tax) After Appropriation
7.2 Report from the City Attorney regarding the status of Orange County Bankruptcy
Litigation.
MOTION - Murphy
SECOND - Spurgeon
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to July 13, 1999.
PAGE 18
CITY COUNCIL MINUTES
June 22, 1999
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from the Director of Public Works - Budget Amendments to implement
Trash Contract with Waste Management USA, Inc. (C2500.M.l)
SUMMARY: The City's new refuse contract with "Waste Management USA, Inc." became
effective June 1". However, the 1998-99 budget was adopted before the new contract was
completed. The Budget must therefore be amended to ensure adequate funding to pay Waste
Management for June. Staff has calculated that $160,000 is required.
The 1999-00 Budget must also be amended to provide sufficient funding. Staff has calculated
that the amount required for next fiscal year is $1,400,000. This amount also provides for
routine increases in the number of collection sites.
The source of these monies is the $9.3 million paid by the previous trash contractor to settle their
contract dispute(s) with the City. These funds were placed into a new Fund 222, Sanitation Rate
Stabilization. The City has committed to use this money to subsidize the single family rate at the
same level through December 31,1999. Thereafter, the subsidy will be adjusted to minimize the
impact of rate increases on single household, commercial and multi-family accounts during the
remaining 10 year contract.
The Director of Public Works presented the report.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to appropriate $160,000 from Fund 222 (Sanitation Rate Stabilization Fund) to the 1998-
99 Budget as follows: Account No. 222-5022-427403 (Residential Subsidy) - $30,000 and
Account No. 222-5022-427404 (Commercial Subsidy) - $130,000 - Total $160,000; and
appropriate $1,400,000 from Fund 222 (Sanitation Rate Stabilization Fund) to the 1999-00
budget as follows: Account No. 222-5022-427403 (Residential Subsidy) - $560,000 and
Account No. 222-5022-427404 (Commercial Subsidy) - $840,000 - Total $1,400,000.
FISCAL IMPACT: Funds are available to appropriate $1,560,000 from Fund 222, Sanitation
Rate Stabilization to amend the 1998-99 and 1999-00 Budgets to pay rate subsidies. The monies
come from $9.3 million paid by Orange Disposal Services/Orange Resources Recovery Systems
as settlement of previous contract issue(s). The Council has designated these funds for this
specific purpose.
7.4 Report from the Finance Director revising Chapter 3.08 of the Orange Municipal
Code updating and streamlining purchasing procedures. (A2500.0 Purchasing)
The Finance Director reported general administrative changes were made to the current
ordinance. The proposed Ordinance has been expanded to include consulting services and the
procurement of public works projects contracting services. The goal is to have the Ordinance be
PAGE 19
CITY COUNCIL MINUTES
June 22,1999
7. ADMINISTRATIVE REPORTS (Continued)
the central reference point for all purchasing issues. A provision was added for conflict of
interest that is consistent with the City's existing Conflict of Interest policy. The Ordinance
proposes that emergency purchases up to $10,000 be approved by the department head;
purchases over $10,000 be approved by the City Manager; and Council will continue to ratify
purchases made over $30,000. The most significant recommendation proposed is for the City to
adopt the Uniform Construction Cost Accounting Procedures and revise bidding procedures,
which will streamline the bidding process and maintain the appropriate purchasing controls. The
City currently follows the California Public Contract Code of which the bid amounts have not
been updated since 1968. In 1990, the California Public Contract Code provided the opportunity
for cities to adopt the alternative bidding procedures, which allows the Public Works
Department, for projects up to $25,000, to follow the current process for purchasing of materials
and supplies. For $25,000 - $75,000 projects, the informal bidding procedures as listed in the
new code will be followed. Instead of public notices, the Public Works Department will be able
to select contractors from an established list the department will maintain. This new procedure
will provide a higher level of service to the community, as the City will not be detained by
smaller projects.
Mayor Coontz reported that a recent State publication indicates the County of Orange is only
purchasing through web sites.
Councilman Alvarez commented on the need for accountability and oversight on public works
projects, referring to calls he has received on broken sprinkler heads, sidewalks unfinished, slurry
seal work not completed. The Director of Public Works explained the review and inspection
process is not as detailed as public works projects, because these are typically maintenance type
projects, bid on an annual basis, and work is done on an as-needed basis.
ORDINANCE NO. 12-99
An Ordinance of the City Council of the City of Orange repealing Chapter 3.08 of the Orange
Municipal Code and adding a new Chapter 3.08 to the Orange Municipal Code relating to the
City's centralized purchasing of materials, supplies and equipment, professional services and the
selection of contractors to perform Public Works projects.
MOTION - Spurgeon
SECOND - Alvarez
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 12-99 be read by title only and same was set for second reading by
the preceding vote.
RESOLUTION NO. 9133
A Resolution of the City Council of the City of Orange electing to become subject to the
Uniform Construction Cost Accounting procedures and adopting alternative bidding procedures
PAGE 20
CITY COUNCIL MINUTES
June 22,1999
7. ADMINISTRATIVE REPORTS (Continued)
as set forth in the Uniform Public Construction Cost Accounting Act for construction work
performed or contracted by the City of Orange.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9133 as introduced, be adopted and same was approved and adopted
by the preceding vote.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 7:57 p.m. (after the 7:00 p.m. Session) for the
following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78 02
84 (This item was not discussed); Jones v. City of Orange, et aI., Orange County Superior
Case No. 7901 75.
b. Conference with real property negotiator regarding the sale of real property pursuant to
Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located
northwest corner of Spring Street and Prospect Avenue; Negotiating Parties: City of Orange and
Beazer Homes Holdings Corp.; Under Negotiation: Price and terms of payment.
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 206
Richard Carlson, 153 S. Cambridge, commented on public speaking.
Carole Walters, (address on file), asked what the City is going to do about the newly painted barn
at Pitcher Park? Mayor Coontz directed the City Manager to look into this issue.
PAGE 21
CITY COUNCIL MINUTES
June 22,1999
13. PUBLIC HEARINGS
13.1 APPEAL NO. 456, CHANGE OF NON-CONFORMING USE, THE UNKNOWN
ART GALLERY, FORMERLY P.J. MEAD BOOKS AND COFFEE; APPELLANT:
GARY MESERVE (A4000.0 APP-456)
Time set for a public hearing to consider Appeal No. 456 by Gary Meserve of the Planning
Commission's denial of the appeal upholding the Community Development Director's decision
to approve the change of an existing non-conforming use of a building to another non-
conforming use on property located at 135 South Cambridge Street.
NOTE: A letter was received from Robert D. Mickelson on 6/15/99 representing the property
owners, Mr. And Mrs. Gary Mead requesting a continuance of the hearing to July 27, 1999 or as
soon thereafter because he will be out of the state.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"1) P. J. Mead's was closed for over 8 mo. And should not have re-opened.
2) The new use is an expanded and more intrusive use.
3) No customer or employee parking is provided.
4) The business is not compatible with the surrounding residential properties.
5) Unacceptable noise from the manufacturing portion of the business."
Note: Councilman Slater reported a property interest at 128 S. Cambridge and left the dais at
this time.
Appellant: Gary Meserve, 153 S. Cambridge, commented he spoke with Mr. Mickelson, who is
representing the applicant. They have agreed to continuing the hearing to July 27, 1999. Several
solutions were discussed regarding the many problems at the Unknown Art Gallery. An
agreement may be reached to avoid a City Council decision and possibly avoid litigation.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Moved to continue to a date certain of July 27, 1999.
13.2 ADOPTION OF 1998 CALIFORNIA FIRE CODE
Time set for a public hearing for the purpose of considering adoption of the 1998 California Fire
Code and other amendments.
Mayor Coontz noted the item needs to be continued as the public notice was only published one
time.
PAGE 22
CITY COUNCIL MINUTES
June 22,1999
13. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 15-99 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 1998 California Fire Code and other amendments.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Moved to continue to July 13, 1999.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 8:30 p.m in memory of James L. Whitaker who passed away on
June 12, 1999.
a4'd///~ad","<tA'Z'
CASSANDRA J. THCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
PAGE 23