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04-28-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 26, 1998 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING April 28, 1998 The City Council of the City of Orange, California convened on April 28, 1998 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 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Alvarez 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS In recognition of National Library Week (April 19-25, 1998), Certificates of Recognition were presented to Lilly Matsuoka, (2,000 hours), and Barbara Goodwin, (1,000 hours) of volunteer service at the Orange Public Library. Recognition was given to all Library volunteers for service in 1997.Jim Barry, President, Orange For Trees, presented the Annual Tree Hero Award to Tim and Janine McCormack.The Recycling Analyst recognized the finalists for the "Recycler of the Year" award: Sue Campbell, Darlene Chandler, Pam Doss, Andrea Jaso, John Lynch, Lisa Mattert, Sherrill Stone, and Harry Thomas. The "Recycler ofthe Year" plaque was presented to Pam Doss. MA YOR COONTZ ANNOUNCEMENTS:Over 500 youth and their families attended the Earth Day celebration held at Hart Park on April 25th.Christmas in April" was held on April 25th. Cy Bauman, spoke regarding the event in which volunteers were involved in the rehabilitation of houses for elderly and handicapped individuals.Approximately seventy-five people attended the First Annual Mayor's Volunteer Recognition Luncheon held on April 23rd honoring 60 volunteers from 28 organizations. The emphasis was on children and youth organizations in the City. Supervisor William Steiner was the speaker at the event. PAGE 1 CITY COUNCIL MINUTES April 28, 1998 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) Councilman Murphy supported the idea of continuing to recognize volunteer efforts and requested that Council be apprised of next year's event. The 10th Anniversary celebration of the Triangle Terrace Senior Housing Project was held on April 26th. This was the first senior citizen affordable housing project in the City. 400 classic cars were displayed at the Car Show event held in the Plaza this past weekend. Agenda format changes will be discussed at the May 12, 1998 meeting. The Director ofCommunity/Library Services reported that 1,400 children from the City of Orange School District participated in the Dash for Dare Program, a competitive track meet for the youth in Orange County. The City Manager presented Employee Recognition Service Awards to Patti Petruzelli, Steve Soto and Earlene Shackelford. John Thompson and John Jordan were unavailable to receive their awards. The City Attorney introduced newly hired Assistant City Attorney, Mary Binning. The Police Captain and Fire Chief reported on the "Every 15 Minute's Program" held at Orange High School on April 26, 1998. The Program entailed a staged traffic accident which involved students at Orange High School. Mayor Coontz asked that Council be invited to future programs. 2.CONSENT CALENDAR Tape 1050 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of April 28, 1998 at Orange Civic Center, Taft Branch Library at 740 E. Taft Avenue, 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. 2.2 Request Council confirmation of warrant registers dated April 9 and 16, 1998. ACTION: Approved. 2.3 Request approval of City Council Minutes, Regular Meeting, April 14, 1998. PAGE 2 CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. AGREEMENTS 2.5 Approval of Second Amendment to Consultant Agreement with Meyer and Associates. (A2100.0 AGR-2723. 2)SUMMARY: Second Amendment is in the amount of $4,040 for additional architectural services for the Handy Park Renovation.ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: Sufficient Funds are budgeted in Account No. 510-7021-481200-0017, "Handy Park Renovation" -- $ 4, 040.BIDS 2.6 Contract Change Order No.1 for Bid No. 978-28, Project No. SP-3219, 1997-98 Street Maintenance Project, Main Street and Orangewood Avenue. (A2100.0 AGR-3000)SUMMARY: This Change Order will extend the limit of street resurfacing on Main Street from the railroad tracks to Collins Avenue to include additional deteriorated pavement. The original contract cost is $371,979.94. The change order will increase construction cost to $436,296.34.ACTION: Approved a Contract Change Order inthe amount of $ 64,316.40 to Calmex Engineering Inc. for the additional quantities at contract unit prices.FISCAL IMP ACT: Funds are budgeted and are available in the following accounts:272- 5021-483300-4027 $32,158.20 ( Gas Tax)272-5021-483300-4028 $32,158.20 (Gas Tax)Total funds available for the project are $514,651.00.REMOVED AND HEARD SEP ARATEL Y)2.7 Award of Bid 978-31 for La Veta Park Play Equipment. (B4000.0 BID- 978-31)SUMMARY: Award Bid No. 978-31 and approve contract with Hanson and Associates in the amount of $34, CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) The Director of Community/Library Services explained Hanson and Associates, did not provide in writing they could produce the material mandatory for ground cover. It was requested the bid be rejected and the project be re- bid.MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reject all bids and authorize staff to re-advertise the project.FISCAL IMPACT: Sufficient funds are budgeted for FY 97/98 in Account No. 510-7021- 481105-0134, "La Veta Park Renovation" -- $34,277. REMOVED AND HEARD SEPARATELY) 2.8 Award of Bid 978-34 for Landscape Improvements at South Orange Parking Lot.A2100.0 AGR-3022)SUMMARY: Award Bid No. 978-34 and approve contract with U. P. Landscape Maintenance, Inc., in the amount of $21,890 for the construction of landscape improvements at the South Orange Parking Lot.Mayor Coontz indicated the account numbers were reported incorrectly in the staff report.The Director of Community/Library Services noted the revised account number is:Account No. 922-9811- 475100-9609 (Municipal Parking Lot Rehabilitation).MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve, as amended, authorizing the Mayor and City to execute on behalf of the City..FISCAL IMPACT: Sufficient funds are budgeted for FY 97/98 in Account No. 922-9811-475100-9609, "Southwest Capital Outlay" -- $21,890.2.9 Award of Bid 978-40 to National Library Relocations, Inc., for the Relocation of Main Library Materials, Equipment and Furniture. (A2100.0 AGR-3021)SUMMARY: Award Bid No. 978- 40 and approve contract with National Library Relocations, Inc., in the amount of $46,800 for a one-way move of materials, equipment and furniture from the Main Library to the Bank of America building.FISCAL IMPACT: Sufficient funds are budgeted in Account No. 500- 7028-4811 CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) Discussion: Carole Walters, (address on file), asked if the bid will delay the completion date for the Main Library? Does $1.5 million include the moving of materials, equipment, and furniture? Norm Phillips, Orange, asked if $46,800 is part of the $1.5 million? The report should indicate if the funds are part of the $1.5 million. The Director of Community/Library Services explained the bid does not delay the project which is due to be completed October 15, 1998 with the reopening November 15, 1998. The bid is for a one-way move at this time. The total Library Renovation project cost is approximately $1.6 million. In response to Councilman Alvarez, the Director explained the delay is due in part to sending the project back to the architect for re-specifications and re-configurations. Approximately 20% of the book collection has been weeded. A decision has not been made on what will be done with the books.The City Manager clarified that $1.5 million was not the total amount budgeted for the Main Library renovation project. The term "sufficient funds are budgeted" means sufficient funds have been appropriated by Council.ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the City.2.10 Award of Bid 978-41 for Roadway Improvements at Hart Park. ( A2100.0 AGR-3020)SUMMARY: Award Bid No. 978-41 and approve contract with Impact Devco in the amount of $71,900 for the roadway improvements at Hart Park.ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: Funds are budgeted for FY 97/ 98 in Account No. 500-7021-481200-0027, "Hart Park Renovation" -- $1, 900, and Account No. 510-7021-481200-0027, " Hart Park Renovation" -- $70,000. Total: $71,900.CLAIMS 2.11 CLAIMS FOR DAMAGES FROM: (C3200.0)a. Charles Bowman b. Pamela Condon, Guardian of Amanda Melendez c. Barbara Singer d. Southern CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster. C3200.0) FISCAL IMPACT: None. CONTRACTS 2.12 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase lIB Tustin Street pavement rehabilitation. (A2100.0 AGR-3019) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Tustin Street Pavement Rehabilitation from Chapman Avenue to Collins Avenue if the application is successful. ACTION: 1) Awarded contract in the amount of$50,290.00 to KFM Engineering, Inc., 18 Technology, Suite 206, Irvine, CA 92618; and 2) authorized the Mayor and City Clerk to execute the contract on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in the following account: 262-5021-483300-3112 - $50,290.00 ( Arterial Maintenance)2.13 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase IIA Tustin Street pavement rehabilitation. (A2100.0 AGR-3018)SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Tustin Street Pavement Rehabilitation from Fairhaven Avenue to Chapman Avenue if the application is successful.ACTION: 1) Awarded contract in the amount of$51,110.00 to KFM Engineering, Inc.,18 Technology, Suite 206, Irvine, CA 92618; and 2) authorized the Mayor and City Clerk to execute the contract on behalf of the City.FISCAL IMPACT: Funds are budgeted in Account No. 262-5021-483300-3112- 51,110.00 (Arterial Maintenance).2.14 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase II Chapman Avenue pavement rehabilitation. (A2100. CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Chapman Avenue Pavement Rehabilitation from Cambridge Street to Tustin Street if the application is successful. ACTION: 1) Awarded contract in the amount of $23,000.00 to UMA Engineering, Inc., 17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk to execute the contract on behalf of the City. FISCAL IMPACT: Funds are budgeted in Account No. 262- 5021-483300-3112-23,000. 00 (Arterial Maintenance).2.15 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase I Chapman Avenue pavement rehabilitation. (A2100. 0 AGR-3016)SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Chapman Avenue Pavement Rehabilitation from Grand Street to Cambridge Street if the application is successful.ACTION: 1) Awarded contract in the amount of$18,775.00 to UMA Engineering, Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk to execute the contract on behalf of the City.FISCAL IMPACT: Funds are budgeted in Account No. 262-5021-483300-3112 - 18,775.00 (Arterial Maintenance)2.16 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase I Glassell Street pavement rehabilitation. (A2100.0 AGR-3015)SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Glassell Street Pavement Rehabilitation from Walnut Avenue to Collins Avenue if the application is successful.ACTION: 1) Awarded contract in the amount of$18,825. 00 to UMA Engineering, Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk to execute the contract on behalf CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are budgeted and available in Account No. 262- 5021-483300-3112 - $18,825.00 (Arterial Maintenance)2.17 Arterial Highway Rehabilitation Program - Award of Consultant Contract for Phase II Glassell Street pavement rehabilitation. (A2100.0 AGR- 3014)SUMMARY: The Orange County Transportation Authority has issued a call for projects as part of their new Arterial Highway Rehabilitation Program. In order to meet the May 15, 1998 application deadline, consultant services to prepare the application, plans and specifications are needed. This contract authorizes the Consultant to apply for funding and to design the Glassell Street Pavement Rehabilitation from Maple Avenue to Walnut Avenue if the application is successful.ACTION: 1) Awarded contract in the amount of$21,525.00 to UMA Engineering, Inc.,17762 Cowan Street, Irvine, CA 92614; and 2) authorized the Mayor and City Clerk to execute the contract on behalf of the City.FISCAL IMPACT: Funds are budgeted in Account No. 262-5021-483300-3112-21, 525.00 (Arterial Maintenance)REMOVED AND HEARD SEP ARATEL Y)2.18 Eller Media Bus Stop Shelter Contract - Request for extension with amendments.A2100. 0 AGR-1929.5)SUMMARY: Eller Media has had a contract with the City since 1992 for installation and maintenance of bus stop shelters with advertising. The company is requesting a two-year extension with 5 one-year options, as well as amendments to their existing contract to allow a 90-day trial installation of a modified shelter, located either at the Mall of Orange or the Santa Fe Depot, that incorporates a Coca Cola vending machine. Also included is a request for a limited, restricted ability to advertise distilled spirits on the bus shelter panels, at suitable locations, for a 90- day trial period. The limitations and restrictions are detailed in the staff report. Approval of their request would extend the contract to 2003 plus options that could extend the term to 2008.FISCAL IMPACT: Would increase annual revenue from $77,000 to over $80,000.Discussion: Barbara DeNiro, (address on file), spoke in opposition to the advertisement of distilled spirits.Councilman Alvarez expressed support for the contract extension and opposition to the amendments to the contract.The Director of Public Works reported it was Eller Media's first choice to install the modified shelter at the Mall of Orange. The Santa Fe Depot was an alternative. The Coca Cola proposal does not include the roof of the shelter designed in a Coca Cola can.End panels on the shelter CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) Councilman Spurgeon expressed support for the Coca Cola vending machine on a 90 day trial basis. He spoke in opposition to the alcohol advertising. Bruce Siedel, President of Eller Media, 1539 W. Orangewood, commented the modified shelter and advertisement of distilled spirits on the bus shelter panels would attain a higher average occupancy and give the City more revenue. They would like the opportunity to try it for a 90-day trial period. The vending machine would be closely monitored.Mayor Coontz commented Eller Media has operated a very successful program in the City and the bus shelters are well maintained. Eller Media also has donated multi-colored posters for the Street Fair.Councilman Murphy expressed opposition to the alcohol advertisement and support of the Coca Cola machine.Mayor pro tem Slater expressed support for the vending machine and the alcohol advertisements, considering the businesses in the City that would like to utilize alcohol advertising and that it be done on a restricted, limited basis for a 90- day trial period.In response to Council's questions, Mr. Seidel explained there would be two trash receptacles at every shelter at which a Coca Cola machine is located. They would be monitored on a daily basis. More trash receptacles or a recycling bin would be provided,if necessary. They would like to locate a vending machine at the Santa Fe Depot site on a 90-day trial basis. The City of Orange would be the first city in Orange County to try the new proposal.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the two year extension with 5 one year options for Eller Media.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved that the contract be subject to all terms, conditions, and restrictions outlined in the staff report with the exception of two individual items that will be voted on separately.First, the coca cola vending machine implementation, on a 90-day trial basis for up to two locations, as a part of the bus stop be incorporated into this contract.PAGE 9 CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved to deny the request to allow alcohol advertising on a trial basis.ENVIRONMENTAL IMPACT REPORTS 2. 19 Second Addendum to EIR No. 631 - Cannon Street Restriping. (EI400.0 EIR-631.2)SUMMARY: The Public Works Department is proposing the restriping of Cannon Street formerly Loma Street) for four lanes between Serrano Avenue and Via Escola. EIR No.631 Addendum No.2 is necessary pursuant to City Council action taken in 1985,requiring a supplemental environmental document before opening of four travel lanes.ACTION: Certified EIR No. 631 Addendum No.2, regarding the restriping of Cannon Street from two lanes to four lanes.FISCAL IMPACT: None. Developer fees of $19,000 are on deposit in Account No.810-22023 for the restriping work.RESOLUTIONS REMOVED AND HEARD SEPARATELY)2.20 RESOLUTION NO. 8910 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; SP 3200; Med- Tox, Incorporated; demolition,right-of-way clearance at 127 East La Veta Avenue and building remodeling at 492 South Orange Street. (A2100.0 AGR-2871) NOTE: Mayor pro tem Slater recorded an abstention on this item. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN -Slater Moved to approve. 2.21 RESOLUTION NO. 8911 A Resolution of the City Council of the City of Orange approving the submittal of arterial highway rehabilitation projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program. (HI200.A.l)PAGE 10 CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) Location: Tustin Street from Fairhaven Avenue to Chapman Avenue. Tustin Street from Chapman Avenue to Collins Avenue. ACTION: Approved. 2.22 RESOLUTION NO. 8912 A Resolution of the City Council of the City of Orange approving the submittal of arterial highway rehabilitation projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program. (H1200.A.1) Location: Glassell Street from Maple Avenue to Walnut Avenue. Glassell Street from Walnut Avenue to Collins Avenue. ACTION: Approved. 2.23 RESOLUTION NO. 8913 A Resolution of the City Council of the City of Orange approving the submittal of arterial highway rehabilitation projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program. (H1200.A.l) Location: Chapman Avenue from Grand Street to Cambridge Street Chapman Avenue from Cambridge Street to Tustin Street ACTION: Approved. 2.24 RESOLUTION NO. 8914 A Resolution of the City Council of the City of Orange supporting increased funding for the fiscal year 1998-99 of the Army Corps of Engineers Civil Works Construction Program. (OC1300. F)ACTION: Approved.2.25 RESOLUTION NO. 8915 A Resolution of the City Council of the City of Orange supporting funding of the State Flood Control Subvention Funding for fiscal year 1998-99. ( OC1300.F) ACTION: Approved. CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) 2.26 RESOLUTION NO. 8916 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 98-2 adjusting lot lines of certain real property situated at a portion of Lot B of the Bush and Watson Tract as shown on a map of survey made by Knox and Rumble in 1871 and Lot 24 of the Fletcher Tract in the City of Orange, County of Orange, State of California, as shown on a map recorded in Book 3, Page 320 of miscellaneous records, in the office of the County Recorder of Los Angeles County, California; more particularly described in Exhibits "A" and "B". (C2500.M.16.1 LLN-98-2)Hearthstone Homes, Developer of Tentative Tract No. 15446 Owner: Southern California Edison ACTION: Approved.2.27 RESOLUTION NO. 8917 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 98-3 adjusting lot lines of certain real property situated at 1411-1701 W. Katella Avenue in the City of Orange, County of Orange, State of California. ( C2500.M.16.1 LLN-98- 3)Owner: Syufy Enterprises, a Limited Partnership ACTION: Approved.2.28 RESOLUTION NO. 8918 A Resolution of the City Council of the City of Orange expressing appreciation to Nanci Gee ofthe Orange Public Works Department and commending her for more than eight years ofloyal and dedicated service. (C2500.M) ACTION: Approved.2.29 RESOLUTION NO. 8922 A Resolution of the City Council of the City of Orange adopting Resolution No. 8922 and repealing Resolution No. 8904 implementing the Memorandum of Understanding between the City of Orange and the Orange Fire Management Association concerning wages, hours, and other conditions of employment for the period of March 1, 1998 throughand including February 28, 2001. (C2500. CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.30 RESOLUTION NO. 8919 A Resolution of the City Council of the City of Orange approving the amendment of the position control system and amending the FY 97/98 budget to reflect the addition of one full-time Assistant to the City Manager position. (C2300. E)Discussion: Carole Walters, (address on file), asked how many Assistant to the City Manager positions will there be? The new person should look into the recycling bin charge on the utility bill.The City Manager responded the request is for a third position. The person in this position will work on special projects, speak on behalf of the City Manager, attend meetings, and assist the Council and public on special issues. The difference between an Assistant City Manager and Assistant to the City Manager position is this position does not have authority over the department heads. In response to Councilman Alvarez, the City Manager clarified the Internal Auditor would work with the Finance Director. The Internal Auditor and Audit Manager's position approved by Council are in the City Manager's office budget. It is his intent to meet with the Finance Director and Audit Committee after the Internal Auditor is on board to layout an audit plan, see how the work load accumulates for the Audit Manager position, and determine if the position is necessary. A report would be brought back to Council if it is determined the position is necessary.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve.SPECIAL EVENTS 2.31 Request for temporary suspension of permit parking restrictions within Permit Parking 'Area A' (Downtown area) for a special event. (S4000.S.3.1.2)SUMMARY: The Orange Chamber of Commerce is requesting parking relief for the annual Gogh Van Orange Arts & Music Festival scheduled to occur in the Historic Plaza area on Saturday and Sunday - May 16th, through May 17th, 1998. This request has been approved in prior years.ACTION: Approved.FISCAL IMPACT: None. PAGE 13 CITY COUNCIL MINUTES April 28, 1998 2. CONSENT CALENDAR (Continued) 2.32 Request for temporary suspension of permit parking restrictions within Permit Parking 'Area A' (Downtown) area for a special event. (S4000.S.3.1.2) SUMMARY: Orange High School is requesting parking relief for their annual Senior Program and Graduation Ceremony to be held at their campus on June 7th, 1998 and June 11 th, 1998. This request has been approved in prior years. ACTION: Approved. FISCAL IMPACT: None. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2. 7, 2.8, 2.18, 2.20 and 2.30 were removedand heard separately. Mayor pro tem Slater abstained on Item No. 2.20. The remainder ofthe Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. REPORTS FROM CITY MANAGER - None 7.ADMINISTRATIVE REPORTS Tape 2657 OFF AGENDA ITEM - REPORT ON CRIME STATISTICS The Acting Police Chief reported an extensive audit was done to address concerns with the reporting of crime statistics. Currently crime statistics are down by 3%, specifically in the area of violent crimes, rapes, robberies, homicides, and aggravated assaults. There was concern with the tracking system of the alternative reporting process, i.e. mail-in reports and phone-in reports generated from the public. The audit indicated a large number of reports missing and phone calls not being returned. A method was established to better track all crime which is mandatory to report under the Uniform Crime Reporting procedure. Officer productivity was evaluated and guidelines established to fit back into the evaluation process.PAGE 14 CITY COUNCIL MINUTES April 28, 1998 7. ADMINISTRATIVE REPORTS (OFF-AGENDA ITEM) ( Continued)Mayor pro tem Slater asked why auto theft and burglaries are up? What is being done about it?The Acting Police Chief said reports are being tracked more aggressively, written, and reflected as a statistic. A yearly trend, rather than monthly, would better reflect crime statistics.Councilman Spurgeon commented sworn officers should be doing police type work and not civilian type work.Mayor Coontz expressed concern regarding the tracking system of the reporting process, and appreciated the fact that the City of Orange is now aggressively tracking the Police reports for accuracy and follow through. Mayor Coontz asked that the information on the new system be provided to Council in a memo.7.1 Treasurer's Report for the period ending March 31, 1998. (C2500. F)The Finance Director presented the report.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 8.LEGAL AFFAIRS Tape 3160 8.1 ORDINANCE NO. 1- 98 An Ordinance of the City Council of the City of Orange repealing Chapter5.56 of the Orange Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining to Massage Establishments. (A2500. 0)The City Attorney commented no changes were proposed and staff is working on an Ordinance which will expand the areas where massage establishments can locate in the City. After meetings with individuals who had addressed the Ordinance at a prior Council meeting, it was felt there are plenty of opportunities for clinical training for massage school students.MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 1-98 be read by title only and same was passed and adopted by the preceding vote.PAGE 15 CITY COUNCIL MINUTES April 28, 1998 8. LEGAL AFFAIRS (Continued) 8.2 ORDINANCE NO. 6- 98 An Ordinance of the City Council of the City of Orange repealing Ordinance No. 15- 97 and adding Chapter 7.01 to the Orange Municipal Code relating to water quality and storm drain water discharges. ( A2500.0)MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 6-98 be read by title only and same was passed and adopted by the preceding vote. 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS Tape 3331 Carole Walters, (address on file), commented that contracts should not be approved until the trash investigation is cleared up. She further commented on the behavior of some police officers; changes to the agenda format; and having 3 Council meetings per month. Barbara DeNiro, (address on file), thanked Council for their vote on Item No. 2.18 and asked if the bottles or cans from the Coca Cola vending machine will be recycled? Ms. DeNiro thanked the Director of Community Development for the removal ofthe mini-storage units behind Walmart. Comments were made on the "Every 15 Minute Program" staged at Orange High School.Pamela Pratt, 1143 E. Oakmont, (letter received via fax and on file in the City Clerk's office).Geneva Fulton, 405 Alpine, commented on the potential for vandalism at the bus shelters. Will Eller Media continue to monitor the shelters after the 90-day trial period? Ms. Fulton commented on the trucks near her property.Mayor Coontz responded that Eller Media has incorporated materials to prevent vandalism as much as possible and provided Ms. Fulton with a copy of the agenda item which provides the information.COUNCIL COMMENTS: Councilman Murphy suggested that Council consider establishing an ending time on all City meetings at City Hall.Mayor Coontz commented that meetings are lasting longer due to the increased activity in the City. It was suggested that the City Attorney work on the issue.Councilman Alvarez indicated he would not be at the May 12, 1998 Council meeting but supports Councilman Murphy' s suggestion. CITY COUNCIL MINUTES April 28, 1998 11. RECESS URGENT ITEM: The City Attorney requested the following items be added to the Closed Session: 1) Conference with Legal Counsel on pending litigation, State of California v. City of Orange, Orange County Superior Court Case No. 77 06 73. 2) Conference with Real Property Negotiator: 143 S. Main Street; Negotiating Parties: City of Orange and Teresa Simongi and Jo Ellen Hall. Price will be discussed. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to add the two items to Closed Session as the need to take action arose after the posting of the agenda and there is a need to take immediate action.The City Council recessed to a Closed Session at 6:30 p.m. for the following purpose(s):a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.City of Orange v. George S. Walker, et aI., Orange County Superior Court Case No. 78 33 77.City of Orange v. First Interstate Bank, etc.,; Ralph Maddix, Stephanie Maddix; Sam's Pizza;Hardany Rojas; Gloria Rojas, Adolfo Vides, etc., Orange County Superior Court Case No. 77 77 53.City of Orange v. Robert C. Richard & Shirley R. Richard, Trustees of Richard Family Trust;James Q. Richard; Texas Company; Independent Development Company; etc., Orange County Superior Court Case No. 77 77 56.City of Orange v. Geneva Fulton; Mary Jeanette Morton; Estate of Katherine Fulton; Roger Tsui;Orange Floor Covering; Sunwest Bank, etc., Orange County Superior Court Case No. 777757.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organization: Orange City Firefighters.c. Public employee performance evaluation pursuant to Government Code Section 54957: City Manager.d. 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.PAGE 17 CITY COUNCIL MINUTES April 28, 1998 7:00 P.M. SESSION NOTE: The City Council reconvened from Closed Session at 7:35 p.m. 12.1 INVOCATION Talon Ming, Bishopric, Church of Jesus Christ of Latter Day Saints 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Alvarez 12.3 ANNOUNCEMENTS Mayor Coontz announced the new agenda format changes will be discussed at the May 12, 1998 Council meeting. John Silverman, representing the Chamber of Commerce and Chairman of Gogh van Orange Committee, thanked Council, staff, and the community for their support with the Gogh van Orange Art and Music Festival scheduled for May 16 and 17, 1998. 12.4 INTRODUCTIONS - None 12. 5 PROCLAMATIONS Proclamations were presented to John Silverman, President, Kiwanis Club of Orange and Joe Miller, President, Kiwanis Club of Orange Suburbia in recognition of Skip A Meal for the World's Children Week, April 26, 1998 - May 2, 1998.12.6 PRESENTATIONS Presentations of flowers were made to Heather Myers, 1997 Miss Orange; Deanna Morgan, 1998 Miss Orange; and the 1999 Miss Orange contestants were introduced and presented with a rose. (ORI800.0.73)13.PUBLIC HEARINGS Tape 4780 13.1 TENTATIVE TRACT MAP 15519 AND MINOR SITE PLAN REVIEW 39-97,TNR DEVELOPMENT CORPORATION:Time set for a public hearing on petition by TNR Development Corporation to consider Tentative Tract Map 15519 and Minor Site Plan Review 39-97 to allow the subdivision of approximately 9.4 acres into 13 lots, some of which would not have direct access to public streets. The proposed lots will be developed with single family residences. The site is located west of Esplanade Street and north of LaVeta Avenue (formerly called Hewes Park), addressed 394 and 415 South Esplanade Street. (T4000.0 TRT- 15519)PAGE CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) The Director of Community Development reported the property is zoned R-1-7 ( Single Family Residential) 7,000 square foot minimum lot size and currently occupied by two residential structures. The new lots will be approximately Yz acre to over 1 acre in size. There will be a minimal amount of grading. The majority of trees on the property will be retained. The two residential structures will be retained and the lots made available for future custom home development. The street will be private, with a gated entry to the community, and open wrought iron fencing to the south and west. A homeowner's association will be responsible for the maintenance of the private street system and the perimeters of the development.Mayor Coontz expressed concern with Condition No. 22 of Planning Commission Resolution No. 11-98. She questioned the size of a replacement tree and whether the Moreton Bay Fig tree could be preserved. The Director of Community Development explained the tree is located at the southwest corner of La V eta Avenue and James Street. The intent ofthe condition is to retain the tree and insure the safety of the intersection. Widening the street to 80 feet with curbs and gutters could be harmful to the longevity of the tree.Mayor pro tem Slater commented he understood the developer is willing to pay for a traffic study to see if the 80 foot width of the street is necessary. Mayor pro tem Slater indicated he would like there to be a traffic study. If the street does not need to be 80 feet wide, the tree should be preserved and protected. What part of Esplanade would be widened at this time? The Director of Public Works commented there is not enough information available now to determine the impact to the tree. The City is obligated to maintain the construction of fourlanes on La Veta Avenue, but does have flexibility with the width. The only widening on Esplanade Street will be the project's frontage.MAYOR COONTZ OPENED THE PUBLIC HEARING.Tim Roberts, President ofTNR Development Corporation, 130 McCormick Avenue, Costa Mesa, explained the project will have a gated entry off Esplanade Street and an exit onlygate off La Veta Avenue. The conditions of approval are fine with his company. It has not yet been determined what the impact will be on the tree if the street were made to the 80 foot width. They are concerned with the tree and would like it to have priority over the roadway width. SPEAKING IN FAVOR:John Rau, owner of the property, 416 S. Esplanade Street, said the developer was chosen because he put preservation of the site first. The Moreton Bay Fig needs to take priority over the widening of La Veta. Mr. Rau requested that the record show that when push comes to shove, the tree wins.Brian Timothy, 3830 E. Ruth Place, commented the homes being developed are better than condominiums. He asked that the proposed wrought iron fence be accompanied with shrubbery and vines to block the view along the westerly edge. He referred to the Environmental Impact Report, indicating the site does contain native animal CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) SPEAKING IN OPPOSITION: Neil Hallidy, 3836 Ruth Place, commented he did not receive notification of the hearing. His main concern is privacy. If approved, he would like changes to the vegetation and the homes to be single- story.MAYOR COONTZ CLOSED THE PUBLIC HEARING. REBUTTAL:Tim Roberts applicant, responded they will place as much thick vegetation along the edge of the property as possible. The option of one-story homes is not available to them.The City Attorney clarified the EIR indicates the plant and habitat are not native, but does not address there being no native animals. COUNCIL COMMENTS:Mayor Coontz expressed concern with the language of the Resolution and asked for more clarity on the tree located at LaVeta and James. The Director of Public Works explained the options available for the Moreton Bay Fig treeat La Veta Avenue and James Street would be: 1) to narrow the roadway and eliminate a parking lane to gain 8 feet or more; or 2) look at whether the segment should be on the Master Plan of Arterial Highways. OCTA can approve any changes to the Master Plan of Arterial Highways. The traffic study would have to justify whatever the projected traffic volume.Councilman Murphy spoke in support of the project and concurred with the Mayor that the language of the Resolution should be specific to make sure the tree takes priority, as was stated by the property owners.Mayor pro tem Slater suggested eliminating 8 feet of parking on the north sideof La V eta Avenue and narrowing the traffic lanes. After doing these things and completing the traffic study, if the tree is still compromised, that it come back to Council for consideration. How long would the traffic study take to complete? The Director of Public Works responded the only obligation under the Master Plan of Arterial Highway is to provide four lanes. The design detail could be done within the scope of that requirement.Councilman Spurgeon expressed support of the project and encouraged the preservation of the tree.Councilman Alvarez requested the developer consider the residents privacy concerns. CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Mitigated Negative Declaration 1525-97 finding there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources,subject to its development in accordance to the Planning Commission, the consulting arborist's report and the proposed conditions of approval.MOTION SECOND AYES Mayor Coontz Alvarez Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Tentative Tract Map 15519 and Minor Site Plan Review 39-97 as outlined in Planning Commission Resolution No. PC-11-98, with the added condition that there be additional vegetation on the west side as offered by the developer; and the Public Works Department work diligently towards the preservation of the Moreton Bay Fig by eliminating the parking, reducing the lane width, adjusting the grading, and any other public works feature that will be sure to retain the tree.13.2 PLAZA RENOVATIONS, NEGATIVE DECLARATION 1553-98:NOTE: See May 12 and June 10, 1998 Council Minutes on this item. Tape 6804 Time set for a public hearing to consider a proposed project to renovate the Downtown Plaza Park, including the four comer quadrant areas of the Plaza Square. The plan proposes improvements to existing landscaping, pedestrian and vehicular circulation areas, while maintaining the historic character ofthe Plaza. Negative Declaration 1553-98 is an assessment of the potential environmental impacts of this project. (NI200.0 NEG- 1553-98)Bill Cathcart, Cathcart/Begin and Associates, 134 S. Glassell, provided the history of the Plaza area, noting Magnolia and Palm trees were a theme at the time Park Plaza was developed. That became the look of the City of Orange and the theme that is being recalled. He presented the conceptual plan for the landscape and streetscape renovation of the quadrants. Further refinements to this plan include: I) bringing the curb line in the quadrants out 13 feet further; 2)angled parking; and 3) expansion of the intersection of Chapman and Glassell. The plan for the quadrants includes: 1) removing the Canary Island Pines due to their close proximity to the buildings, interference with outdoor dining, and their droppings of sap, needles and cone remnants; 2) removing the raised planters; 3) recalling the historic lighting character and historic furniture in the quadrants; and 4) removing the bricks and using concrete paving. The concrete paving and the removal of the Pine trees will make the quadrants easier to clean. It is important that the pedestrians be able to move around and the merchants to be able to move their furniture out so as to not interfere with the pedestrians. CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) Mr. Cathcart requested Council consider approving the formation of a Committee to review the details and concerns expressed with the size of turf areas, concrete areas, and planters. Other details which need to be addressed are the benches, accessories, and amenities. The intent is to recall the tradition of the City of Orange in a very upscale way. It is believed that the conceptual plan meets the needs of the businesses and community while maintaining the historical character. The improvements match the historical period and comply with state, local, and federal requirements. The liability concerns have been mitigated. The reasons for removing the planters are they collect trash, are difficult to maintain, and take up space that could be used by the merchants. The proposed palm trees will be 40 feet tall. Concern was expressed with the removal of the Canary Island Pines because they provide a noticeable entry point to the City. It was noted the 90-foot Star Pine has been an unofficial Christmas tree in the City, and suggested it be decorated and made the official Christmas tree for the City of Orange. He would like to see the standing clock maintained, renovated, and remain in the area; the intersection noses, light bollards, and paving be added in the Plaza. The recommended bollards will create a halo around the Plaza at night. An issue with the Park Plaza,is the removal of the Italian Cypress and the removal of the Sago Palm. It is proposed to put the Sago Palm in Hart Park, and remove the avocado tree. They do not want to remove the Monkey Puzzle Pine. It is proposed to expand the hardscape in the Plaza Park. Safety being an important issue, it is proposed that people approach the Plaza from Glassell Street rather than from Chapman Avenue. Also proposed is a change in the location ofthe crosswalks, an increase in the amount ofturf in the Plaza, the roses be moved to a more conducive site to promote their growth; and the original fountain returned to the Plaza Park.The Community Services Manager explained the Plaza Renovation is broken down into two phases. The total amount of funds required to complete Phase I (Quadrants) is $529,125. Phase II monies have been budgeted in the 1998/99 CIP Budget.Mayor Coontz asked if the brick sidewalks need to be approved through the State's historic office? Mr. Cathcart responded he does not believe so, but will find out for sure. Mayor Coontz expressed concern with the proposed moveable planters causing stains on the streets. Mr.Cathcart said there are other options available that recall the traditional past without the deterioration.In response to Councilman Alvarez, Mr. Cathcart said the construction would take place from 6:00 p.m. to 6:00 a.m. on Glassell Street and Chapman Avenue. One time capsule is currently in the Plaza; the other one which is located in the northeast quadrant, will be moved into the Plaza.It is proposed that the trees in the planters be moved to a different location in the City.MAYOR COONTZ OPENED THE PUBLIC HEARING.PAGE CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARING (Continued) THE FOLLOWING PEOPLE SPOKE IN FAVOR: Carroll Johnson, 100 So. Glassell, provided Council with a letter from the building owner, Bernadette Abels, addressing problems with the quadrant trees that affect her building. (Letter on file in the City Clerk's office). Carole Walters, (address on file)Lisa Ackerman, 151 N. Glassell, addressed problems with the dates from Palm trees, suggesting spraying of trees be built into the annual maintenance; would like same rose bushes saved,suggesting residents adopt-a-bush and they be replanted in the Plaza Park; asked that the tile be restored and water spray be vibrant if the current fountain is retained; and expressed concern that the hardscape area may not be conducive to musical activities because of noise and the distraction from traffic.Gary Meserve, Cambridge Street, would like original fountain in the Plaza and the Sago Palm to stay.Hank Mascolo, Orange Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres THE FOLLOWING PEOPLE SPOKE IN OPPOSITION:B. Kight Herbst, 1435 E. Walnut Avenue, opposed to removing Pine Trees in the Quadrants.Jim Barry, President of Orange for Trees, opposed to removing Pine Trees in the Quadrants.Mayor Coontz asked Mr. Barry ifhe is a paid consultant on contract with the City? Did you take part in the proposal as Mr. Cathcart presented it? Mr. Barry responded he is a paid consultant on contract with the City. He did not take part with the conceptual plan for the project. His part was to review five of the 100 year old trees in the central island area; not the outer trees ofthe quadrants. It was clarified to Mr. Barry that the historic trees are in the Plaza Park and the trees in the quadrants were planted in the 1970' s.Janine McCormack, 240 N. California Street, commented the Pine trees are visually significant,and not enough consideration is being given to them.Anne Siebert, 340 S. Olive, representing Old Town Preservation Association, regarding the quadrant corners, concern was expressed that the project is moving too quickly. Saving the Pine trees is important. They lead you to the circle and have a grandeur about them. It was suggested implementing a maintenance program for the Pine Trees. The committee idea for the Plaza Park is a good one.Mary Anne Skorpanich, 292 N. Cambridge, representing Old Towne Preservation Association,expressed opposition to Phase II of the project only. OTPA does not oppose a Master Plan or making improvements for the public and the businesses in the area and would like to see it move forward. At this time there is no consensus on the Plaza Park and a committee would be the best possible way to reach a consensus. The Master Plan includes both the Plaza Park and the outer quadrant corners and the Negative Declaration deals with both of these items and makes a justification for approval that removing all historic elements in the Plaza Park has no historic impact. Nearly everything in the Plaza Park is from the 1870's to 1940; the layout of the PAGE 23 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) hardscape, the sidewalks and water element in the center. Council was urged to drop the Negative Declaration to study it further. Barbara DeNiro, (address on file), expressed concerns with money, traffic impact, and people using public property for their private business. Where does the lighting payment come from?SPEAKING IN A NEUTRAL POSITION:Judy Schroeder, 1041 N. Elizabeth Place, Special Projects Coordinator for the Community Historical Society, expressed her desire to be included in the proposed Committee. Concern was expressed for the 1938 fountain currently in the Plaza. Ms. Schroeder said she supports the Plan with some cautions.Pat Kelly, 109 West Orange, commented the main concern of her customers are toilets, trash,and traffic.MAYOR COONTZ CLOSED THE PUBLIC HEARING.REBUTTAL:Mr. Cathcart explained the Washingtonia Palm trees recommended for the quadrants will not be shorter than 40 feet. The Queen Palms behind the Washingtonia Palms will be shorter to provide a canopy. He confirmed there are no federal funds associated with the project and therefore no requirement to notify the State Office of Historic Preservation. The issue of the furniture should be addressed by the proposed Committee. The intent is to keep the 309 plaques in the Plaza, but move them when the curbs are moved. The sophisticated sound system in the Plaza should remain. The Committee needs to deal with the rose bushes. He indicated they do not want to destroy the Sago Palm but does not feel the Plaza Park is the place for it. It is important that all members of the community have a say in the Plaza issue.COUNCIL COMMENTS:Mayor Coontz confirmed the following improvements for the Quadrants be approved: 1)Removal of the four planter boxes; 2) relocation of utilities, clock and monument plaques; 3)removal of brick pavers on right of ways and replace with scoured concrete; stamped red concrete will be installed along frontage property owners for aesthetic delineation between buildings and concrete; 4) re-stripe existing parking stalls, angling the parking for a total of 56 parking stalls; 5) removal of pine trees and replace with seven (7) 25-30 foot Palm Trees, evenly spaced in each quadrant, which were the original trees planted in the Plaza; 6) installation of utilities, electrical outlets, light standards, and signage; and 7) retain civil engineer to prepare design plans and construction drawings for the construction of curb extensions (13 ft.) at each quadrant, public right of ways, curb noses at each intersection and the drainage extension southwest quadrant).PAGE 24 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) Mayor pro tem Slater commented he was glad the Monkey Puzzle and Star Pine trees will be saved. The Star Pine is the landmark tree downtown. It would be nice if the rose garden could be maintained by a citizens group. He expressed support for the Queen Palm trees, noting they are very much Orange, and in favor of the Pine Trees removed in the quadrants. Mayor pro tem Slater suggested the project be put off until after the Street Fair and not rushed. Corners should not be cut and it should be done right. Councilman Murphy commented it is important to look at what the Plaza was originally and keep that in perspective when looking at some of the choices. Councilman Alvarez commented the future is dining on the sidewalks of the Plaza and enjoying the City. The Pine trees will be sacrificed for a better Plaza. Councilman Spurgeon commented the pine needles are a safety hazard. They are beautiful trees in the wrong place. He concurred with Mayor pro tem Slater indicating he would like to see the completion of the quadrants before the Street Fair but wants to see it done right. Mayor Coontz suggested the committee consist of not more than 7 individuals representing the Orange Historical Society, Taxpayers Association, Downtown Merchants, Old Towne Preservation Association, Planning Commissioner, two public members and a member from the Collaborative. Mayor Coontz further commented that the Design Collaborative has been working on plans like this for many years and Mr. Cathcart has made the plans finite. She indicated from her past experience on the Planning Commission, the street furniture design could be one of the most difficult decisions to be made. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved Negative Declaration 1553-98 with the finding that the project will not have a significant adverse impact on the environment.MOTION SECOND AYES Mayor Coontz Alvarez Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Quadrant plan, except for 1) the location of the trees in movable planters;2) the installation oflight bollards at the corners of the intersections; and 3) the street furniture,and refer these specific items to the Committee to be formed by the consultant.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 25 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) Moved to proceed with the conceptual plan for the Plaza Park using the advice of the Committee created by the consultant, and the committee to return to Council within 90 days to indicate their recommendations for the entire plan. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize staff to advertise for bids for the Quadrant and approved a transfer in the amount of$395, 000 from the General Fund Unappropriated Reserves to Fund No. 500 (Capital Projects) and appropriated funds to the Plaza Renovation Account No. 500-7021-485100-9875. 13.3 STREET LIGHTING IMPROVEMENTS:Tape 2952 Time set for a public hearing to consider a Master Lighting Plan prepared by the City for the Old Towne Historic District proposing a family of lights to be used throughout Old Towne. This plan identifies proposed locations for lighting fixtures and specific types of fixtures to be used for each location. This plan sets the standards for future individual lighting projects that will be installed over a period of time as budget is available. (C2300.I) The Planning Manager reported the proposed Master Plan is important because it will ensure consistency between projects occurring within Old Towne. The goal of the plan is to create a lighting design that is attractive, fits historically with Old Towne, effectively lights the streets and sidewalks, and is multi-purpose to accommodate banners and signs. The study proposes acorn head fixtures as the theme light, urban design street furniture elements, and an emblem to be included on the light post bases unique to Orange. He addressed concerns of the Old Towne Preservation Association (OTPA) with some ofthe proposals in the Master Plan. OTPA recommended eliminating the industrial standard light and using the residential light standard.He responded that the industrial standard light, ifused at all, would be in the public parking lots.OTP A also recommended using the 13 foot high acorn standards at the residential intersections.Staff is willing to evaluate and study the feasibility of using the 13 foot high standards rather than the proposed 25 foot high standards. Another concern ofOTPA is the proposed use of the color black for the taller metal light standards. The smaller 13 foot high residential acorn heads would remain concrete colored.Mayor Coontz asked about the durability of the acorn head lights? The Director of Public Works explained the concrete light standards are all manufactured by the same process. The intention of the design is to reduce the danger of a collision with the poles.Councilman Alvarez asked if the light fixture is manufactured on a standard basis? A dark green color light was recommended, rather than the black. The Director of Public Works responded any theme lights run the risk of being discontinued. They are custom designed poles and precautions are taken with selecting theme lights for projects. The Planning Manager indicated PAGE 26 111111 11- CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) the consultant recommended the black color as it was felt to be a complimentary color to the existing sand colored concrete acorn lights. Mayor pro tem Slater expressed safety concerns with banners being strung between the concrete poles downtown. The Director of Public Works responded there should be a separate set of banner poles designed for that purpose to be safe and done in accordance with acceptable standards. MAYOR COONTZ OPENED THE PUBLIC HEARING. SPEAKING IN FAVOR: Mary Anne Skorpanich, 292 N. Cambridge, suggested having the metal poles painted to look like the concrete and eliminating the industrial style lighting fixture. Carroll Johnson, 100 So. Glassell The Director of Public Works explained the high pressure sodium lights are being used in new installations which is a very efficient light source. They have been used inside the acorn-type globes with the foster coating which dampens the color. The old lights are incandescent and present safety issues. MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to make the finding that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA Guidelines.MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the acorn head design theme.MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to: 1) approve the four proposed street lights and drop the industrial light; 2) include the mile square in the boundary to include the Nutwood Tract; and 3) the emblem be adopted but not painted; and 4) approve the Master Lighting Plan for the Old Towne Historic District.PAGE 27 CITY COUNCIL MINUTES April 28, 1998 13.4 OUTDOOR DINING ORDINANCE:Tape 4063 Time set for a public hearing to consider adding Chapter 12.18 to the Orange Municipal Code to create provisions for the permitting of outdoor dining on public walkways. This amendment is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. ((A2500.0 AMD- 7-98)NOTE: Councilman Alvarez indicated there is a potential for financial gain to him due to property interest that could be affected by the Ordinance and left the dais.The Senior Project Planner reported the new Ordinance will require restaurant owners to regularly clean their property, delineate the space that will be used for outdoor dining, and remove all furniture at night to facilitate cleaning. A fee survey was done of other cities in California who have this type of activity. An outdoor dining fee that equates to half the average rental fee per square foot of indoor restaurant lease space is proposed. A correction was noted to Page 8, Enforcement, No.6 of Ordinance No. 7-98, which should indicate with prior approval,rather than without prior approval.MAYOR COONTZ OPENED THE PUBLIC HEARING.Carlos Calderon, 146 N. Pine Street, General Manager of Felix Cafe, requested the proposal include the sale of beer and wine in the outdoor areas; the removal of tables and chairs from the outdoors be minimal; and the allotted distance on the sidewalk remain the way it is until all the plans are approved.Scott Parker, 158 Monterey Road, asked why the passageway cannot remain at four feet ifit meets the ADA requirements?Pat Kelly, 109 W. Chapman, referred to Chapter 12.18 of the Orange Municipal Code referencing outdoor dining, and expressed concern with the outdoor dining and umbrella requirements. Carol Collis, owner of Two's Company, 22 Plaza Square, indicated she recently paid for an encroachment permit and expressed concern that she may have to pay again.Gary Clough, Diedrich Coffee, 44 Plaza Square, spoke in favor of the provisions and asked if they can still have their umbrellas up?MAYOR COONTZ CLOSED THE PUBLIC HEARING.The Senior Project Planner responded it is not the City's intent to include alcohol in the proposal at this time. The Street Fair is the only City-sponsored event that requests the sidewalks be open for public access. The six foot passageway is recommended because it is a public sidewalk and felt to be adequate for pedestrian travel and sidewalk usage. The Ordinance specifies that the Director has the responsibility for approving the street furniture and umbrellas. A seven foot height for the umbrellas is being recommended. Encroachment permits have been issued as a tool to allow people to use the public sidewalks. An existing encroachment permit would be issued a cease and desist and could possibly be applied toward a new permit. The Public Works Department will be administering the new program. The Director of Public Works explained enroachment permits are a one-time permit revocable upon demand. The minimum charge is 75.00. PAGE 28 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) Mayor pro tem Slater commented that until improvements are completed in the quadrants, the ADA requirement of four feet remains. Once the improvements have been put in, the access width will be six feet. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to make the finding that this project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) pursuant to Section 15303 of the State CEQA Guidelines.ORDINANCE NO. 7- 98 An Ordinance of the City Council of the City of Orange creating Chapter 12.18 ofthe Orange Municipal Code, Outdoor Dining on Public Walkways.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved that Ordinance No. 7-98 be read by title only and same was set for second reading by the preceding vote, with the provisions noted in the time of implementation and the access width.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved to direct staff to prepare a Resolution amending the Master Schedule of Fees and Charges creating an annual outdoor dining permit fee as outlined on Attachment "B" in the Staff Report.Councilman Alvarez returned to the dais.13.5 ORDINANCE AMENDMENT NO. 5-97, DOWNTOWN PARKING PROVISIONS: Tape 5350 NOTE: Councilman Alvarez indicated he has a property interest at 131 So. Glassell, adjacent to the public lot, and left the dais.Time set for a public hearing to consider a proposal to amend certain provisions of the Orange Municipal Code, Chapter 17.34 Parking Ordinance to: 1) create in-lieu parking fees for the Downtown Plaza District, which would allow for construction of building additions without PAGE 29 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) providing the required number of parking spaces (subject to payment of fees), and 2) establish a new parking requirement for the Downtown Plaza District. Both changes pertain only to the eight block area that is bounded by Maple Avenue, Grand Street, Almond Avenue and Lemon Street. (A2500.0 AMD- 5-97)The Planning Manager reported a new parking standard is needed that reflects that the downtown collectively operates as a shopping mall. The proposed parking standard is four spaces per thousand square footage of gross floor area, without differentiating between uses. The in-lieu fee was developed to encourage economic development in downtown by removing the need for a variance when a business wishes to convert or expand their business to a more intensive use.The in-lieu fee will only apply to new construction where the business does not provide additional parking. The in-lieu fee has two separate components: 1) an in-lieu replenishment fee of$2,100 which would apply to projects which add new square footage but cannot provide the parking; and 2) an in-lieu replacement fee of$7,000 which would apply to any new project that eliminates existing required parking spaces.Mayor Coontz asked if this would cover a building that has a second story renovated for use?The Planning Manager responded any existing square footage would be covered by the Ordinance.The City Attorney clarified that Council is not being requested to adopt fees at this time.MAYOR COONTZ OPENED THE PUBLIC HEARING.Carole Walters, (address on file), expressed concern that paying a fee does not take care of the parking problem.The City Attorney responded the hearing on fees will consist of a study with some fee proposals to use funds for the enhancement of parking in the downtown area.MAYOR COONTZ CLOSED THE PUBLIC HEARING.Mayor Coontz asked what the solutions are to the lack of parking in downtown. The Planning Manager explained the existing parking Ordinance discourages restaurants from locating in the downtown area because the parking standard is 10 spaces per 1,000 square feet, instead of5 spaces for retail. The existing standards did not work well for downtown and became a disincentive. The fee will do a better job of providing for long-term parking solutions and processing variances. Recommendations will be brought to Council for their consideration.Mayor pro tem Slater commented downtown parking is CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Slater Mayor Coontz Murphy, Slater, Mayor Coontz, Spurgeon Alvarez Moved to make the finding that this project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per Section 15305 ofthe State CEQA Guidelines.ORDINANCE NO. 8-98 An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of theOrange Municipal Code relating to in-lieu parking fees in the Downtown Plaza District.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved that Ordinance No. 8-98 be read by title only and same was set for second reading by the preceding vote.MOTION SECOND AYES ABSENT Slater Mayor Coontz Murphy, Slater, Mayor Coontz, Spurgeon Alvarez Moved to direct staffto prepare a Resolution amending the Master Schedule of Fees and Charges to establish in-lieu parking fees.Councilman Alvarez returned to the dais.13.6 MILLS ACT PROGRAM:Time set for a public hearing to consider the adoption of the Mills Act, which is a program that will authorize the City to enter into future Historic Property Preservation Agreements with individual property owners. All such agreements will be on a voluntary basis, initiated by request of a property owner. By adopting the Mills Act, the City will be able to assist property owners in obtaining tax relief, in exchange for their guarantee to preserve historic properties.This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 31 CITY COUNCIL MINUTES April 28, 1998 13. PUBLIC HEARINGS (Continued) Moved to continue to May 12, 1998 as requested by staff. 14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Fred Gillett, 205 E. Palmyra, expressed support for the Mills Act Program. Concern was expressed with Section 21, Indemnity ofthe City. The Hold Harmless Statement is inappropriate for this type of agreement and he requested Council consider replacing it with the name insured endorsement on the property owner's liability policy.The City Attorney responded the indemnity clause sets the parameters under which the insurance company would have to defend and indemnify the City.Ellen Zaslansky, 315 So. Orange, Chair of the Mills Act Committee, asked that Council consider amending the Ordinance and addressed Section 7 Title, Automatic Renewal. She asked that any maximum term be deleted for the following reasons: 1) a maximum term is contrary to the legislative intent which is to preserve the property in perpetuity; and 2) installing a maximum defined term would introduce burdensome administrative tasks to the City. The 15 year maximum term limit is unnecessary.The City Attorney referred Mr. Gillett and Ms. Zaslansky to the Assistant City Attorney.Carole Walters, (address on file), expressed concern with Police Officer Ed Tunstall being placed on Administrative Leave. Ms. Walters indicated she will be involved until June 1 sl with a petition to go on the ballot.The City Attorney commented Ms. Walters is addressing personnel matters which are not within the jurisdiction of the City Council.Councilman Alvarez asked if it would be proper for a Councilmember to review the personnel file of Police Officer Ed Tunstall? The City Attorney responded that would not be proper.Gary Meserve, Cambridge Street, commented there is no parking problem on Cambridge Street now that P. J. Mead's is closed.Richard Carlson, 159 S. Cambridge Street, commented on the qualifications of a new Mayor.THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 11:47 P.M. AND RECONVENED AT 12:40 P.M.PAGE 32 CITY COUNCIL MINUTES April 28, 1998 16. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 12:40 p.m.1~l(d: I?~CASSANDRA J. ATHCART, CMC CITY CLERK PAGE 33