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6/13/2000 - Council Minutes - CC Minutes Reg Meeting APPROVED BY CITY COUNCIL ON JULY 11,2000 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 13, 2000 The City Council of the City of Orange, California convened on June 13,2000 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Pastor Friedrich, Praise Chapel 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS Mayor Coontz announced: . The Old Towne Preservation Association presented the Orange Housing Development Corporation (OHDC) with recognition for the restoration of the Ainsworth House at an event held recently. . The crossing guards will be honored by the Junior Women's Club on June 19,2000 at St. Paul's Lutheran Church. . The City Council will adjourn in memory of Jack Hileman, former Mayor of the City of Orange, elected in April, 1960. Mr. Hileman served as Mayor from 1964-1968, finishing his terms of office in 1972. Services will be held on Thursday, June 15, 2000 at 10:00 a.m. at First Presbyterian Church at Grand and Maple. . Old Towne Orange has been the filming site of two summer movies, Big Momma's House and The Adventures of Rocky and Bullwinkle. . C.O.P.S. Expo recap by Police Chief Romero . A proclamation was presented to Kari Najemnik, General Manager, Mall of Orange, for hosting the C.O.P .S. Expo for the past ten years. PAGEl CITY COUNCIL MINUTES June 13, 2000 2. PUBLIC COMMENTS Tape 168 Alec Ortlieb, 243 Calle Grande, asked what became of his request of May 24,2000 to have his concern with signage blight in East Orange placed on the Council agenda? A review ofthe City's sign ordinance was requested. The City Manager explained that Mr. Ortlieb's concerns have been forwarded to staff to respond. Mayor Coontz commented the City is very interested and concerned with East Orange and Chapman Avenue. The City Manager will come back with a status report addressing the issue of signage in East Orange, which can be placed on the Council agenda. Wayne King, 12592 Loretta Drive, commented the Mayor asked him to leave a Community Involvement and Outreach Program Ad Hoc Committee meeting on the SR- 55 Freeway Widening Project held at City Hall on June 7, 2000, at the advice ofCaltrans representative, Sandy Freedman. Mr. King felt the reason he was asked to leave the meeting was due to a Public Information Request he had submitted to Caltrans representative Sandy Freedman at a June 6, 2000 Caltrans SR-55 Information Open House meeting. Mayor Coontz responded no other city has a committee like this committee which Mayor Coontz had requested of OCT A and Caltrans. The original meetings that were attended by Councilman Spurgeon and Mayor Coontz, were a contractual obligation of Caltrans and OCTA to address the 5-Freeway reconstruction. As soon as Mayor Coontz realized the 55 freeway was going to be a long term project, the City created a new Ad Hoc Committee. Mayor Coontz then contacted Caltrans to inform them it was extremely important because they had four to five contractors working on this project with no communication between the contractors and the City. No other city in Orange County has gone to the trouble that Orange has to work with Caltrans. Every two months Mayor Coontz has meetings with the Caltrans District Director to discuss how they can improve the freeway process in order to meet the needs of the City. Caltrans is willing to listen to the Mayor's comments and staff recommendations. Meetings have been positive and produced good results. However, Caltrans has indicated they will no longer continue to attend meetings at the City of Orange. They do not want people to come to the meetings and harass them. The reason Bill Selman, Selman Chevrolet, was present at a meeting was because he had some very positive suggestions and information to pass on to Caltrans which was extremely helpful. From now on, In order to protect the City's interest, Caltrans will invite the City Councilmembers of this committee, at their pleasure, to their meetings which are held outside the City of Orange. The City Attorney opined the Council ad hoc meeting is not subject to the Brown Act. The Brown Act recognizes there are meetings that are attended by Councilmembers and staff where it is better that the public not participate. In this situation, the ad hoc PAGE 2 CITY COUNCIL MINUTES June 13, 2000 2. PUBLIC COMMENTS (Continued) committee constitutes less than a quorum of the Council so the Council cannot make any decisions at the meeting. Also, it is only advisory to the Council and would not be subject to the Brown Act. The Director of Public Works explained the purpose of the meetings are for staff to brief the Mayor and Councilmember Slater, and provide an opportunity to raise issues, questions, etc. Public outreach program and impacts of upcoming major events are issues that are discussed. The meetings provide for presentations of future events and what impacts they will have on the City. From time to time, business owners that may be significantly impacted by Caltrans projects have been invited to attend the meetings. It has been voluntary on the part of Caltrans and the OCTA staff to participate in these meetings, they are not under any legal obligation. The results of this effort have been beneficial to the community. The value of this has been established and should continue. Mayor Coontz remarked Caltrans and OCT A in their community outreach program targeting the closing of the Collins Bridge had coloring books to give to the schools regarding traffic safety. Mayor Coontz felt this was not enough and worked closely with Public Works to have Caltrans address the transportation needs of the residents and school children who attend Handy Elementary. Caltrans is now bussing the children to Handy Elementary. Councilmember Slater commented the meetings have been very effective and productive. He personally feels that anyone should be able to attend the meetings to listen and not cause problems. Mr. King's issue seems to be with Caltrans, who has expressed some disdain about his attendance at the meetings. It is hoped that his issue with Caltrans can be resolved. Until that time, Caltrans does not wish to continue their cooperative work with the City ifMr. King attends the meetings. Carole Walters, (address on file), asked that her poplar tree be removed and commented that people have the right to attend meetings. 3. CONSENT CALENDAR Tape 1072 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of June 13, 2000 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 ofthe City Clerk. PAGE 3 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.2 Request Council Confirmation of warrant registers dated May 18, 25 and June 1, 2000. ACTION: Approved. 3.3 Request approval of City Council Minutes, Adjourned Regular Meeting at 3:30 p.m. on May 23, 2000 and the Regular Meeting, May 23, 2000. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Approval of a Reimbursement Agreement between the City of Orange and the Orange Redevelopment Agency for FY2000-2001. (A2100.0 AGR-3283.A) 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. ACTION: Approved. FISCAL IMPACT: None. 3.6 First Amendment to Consultant Services Agreement to prepare revised public parking lot and landscape improvement plans for 345 East Chapman Avenue. (A2100.0 AGR-3357.1) SUMMARY: First Amendment to Consultant Services Agreement by and between the City of Orange and Cathcart/Begin Associates, Inc. to prepare revised grading, drainage, and landscape improvement plans related to the construction of a public parking lot on the former Bank of America site at 345 East Chapman Avenue. ACTION: Approved a First Amendment to Consultant Services Agreement by and between the City of Orange and Cathcart/Begin Associates, Inc. in an amount not to exceed $4,200. FISCAL IMP ACT: Sufficient funds are available in Account No. 926-9811-485100- 0000-20050 for this expenditure. PAGE 4 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.7 Sewer Agreement: Request by Richard C. Webber Jr. to connect his property to City of Orange sewer. (AZI00.0 AGR-3549) SUMMARY: Richard C. Webber Jr., owner of residential real property located at 8582 Orange Avenue in unincorporated area of the County of Orange, has requested to connect his house sewer lateral to the City sewer main in Orange Avenue. To comply with the City requirement prior to the sewer hook-up, he has executed a sewer agreement with the City of Orange. ACTION: Approved the connection request from Richard C. Webber Jr. and authorized the Mayor and the City Clerk to execute this sewer agreement on behalf of the City. FISCAL IMPACT: None. 3.8 License Agreement between the Metro Cities Fire Authority and County of Orange for Communications Facility at Sierra Peak. (AZI00.0 AGR-1637.A) SUMMARY: Metro Cities Fire Authority, which the City is a member, provides joint fire dispatching services for seven member agencies. In order for the Authority to renew its communications license agreement with the County, the Councils for each member agency must consent to the agreement. ACTION: Authorized the City's representative on the Metro Cities Fire Authority Board of Directors to approve the renewal License Agreement and future License Agreements between the County of Orange and Authority for communications equipment at the Sierra Peak Communications Facility FISCAL IMPACT: None. APPROPRIATIONS 3.9 Amend Personnel Department Budget for FY 1999/2000 to cover additional, unanticipated expenses. (C2500J.4) SUMMARY: Personnel staff has experienced an unexpected increase in expenditures during the current fiscal year (FY 1999/2000). Personnel is seeking Council's authorization to approve a budget amendment to help the department meet its financial demands for the remainder ofFY 1999/2000. ACTION: Appropriated $45,000 from unappropriated General Fund reserves to the FY 1999/2000 Personnel Services Department Budget. PAGE 5 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: The fiscal impact is $45,000 from unappropriated General Fund reserves into the following accounts: 100-1401-426600 - Advertising $3,200, Account 100-1401-426700 - $33,500 Other Professional & Consulting Services, and Account 100-1401-427601 - $8,300 Printing & Binding. 3.10 Appropriation of Local Law Enforcement Block Grant FY 98 Interest Earnings. (C2500.K) SUMMARY: This LLEBG was awarded to the City of Orange in September 1998 to be utilized for the purpose of reducing crime and improving public safety. The City Council previously approved the appropriation ofthese funds for: Phase 1 of the Computer-aided Dispatch/Records Management System (CAD/RMS) teclmology upgrade; the purchase of a new voice recording system; and the expansion of the card access security system. The Department is requesting $3,796.57 ofLLEBG 98 interest earnings through March 31 (and all future interest earnings) funds be appropriated for the purchase of additional hardware and software for the CAD/RMS. ACTION: 1) Appropriated $3,796.57 ofLLEBG 98 interest earnings to account 353- 4011-471301 (Federal Police Grants - Police Administration - Furniture, Machinery, Equipment Additions); and 2) authorized any future LLEBG 98 interest earnings be appropriated to 353-4011-471301353-4011-471301 (Federal Police Grants - Police Administration - Furniture, Machinery, Equipment Additions) for additional teclmology purchases. FISCAL IMP ACT: Interest earnings are available in the 98 Local Law Enforcement Block Grant (LLEBG) Fund to fund this appropriation. BIDS 3.11 Award of Bid No. 990-33, Recoating of the Exterior of Reservoir No's 2A, 4, 6, and East Collins Reservoir. (A2100.0 AGR-1637.A) SUMMARY: Reservoir No.'s 2A, 4, 6, and East Collins Reservoir are steel water storage tanks located at 2444 Vista Point Road, 5300 E. Avenida Palmar, 6104 E. Carver Lane, and 2930 E. Collins Avenue. The work entails complete exterior painting of each tank. ACTION: Awarded Bid No. 990-33 in the amount of$III,180.00 to Robinson Prezioso, Inc. of Santa Fe Springs, and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are available in Account No.'s: 601-8041-484400-8216 Wanda Collins Reservoir 4 - $75,000 and 600-8041-484400-8322 Reservoir Repainting- $40,000. PAGE 6 CITY COUNCIL MINUTES June 13,2000 3. CONSENT CALENDAR (Continued) 3.12 Rejection of Bids and Readvertising - Bid No. 990-30; SP-3290; Street Monuments and Entry Signs. (S4000.S.3.3) SUMMARY: The apparent low bidder, A & M Construction did not meet all the requirements set forth in the City of Orange Standard Plans and Specifications, dated June 1999; Section 2-1.2. "Pre-qualification of Bidders". ACTION: I) Rejected the three (3) bids received for construction of the project; and 2) authorized re-advertising bids for the Street Monuments and Entry Signs. FISCAL IMPACT: Funds are budgeted in the following account: 500-5011-485100-3100 $185,000 (CIP Street Monuments). 3.13 Award of Bid No. 990-25 to California Retrofit - Lighting Retrofit of City buildings. (A2100.0 AGR-3547) SUMMARY: California Retrofit is the apparent lowest bidder in the amount of $72,820 for the lighting retrofit of twenty-seven City buildings. The lighting retrofit will replace existing ballasts and lamps at identified buildings. This project was originally approved by the City Council in 1997. ACTION: 1) Approved the award of Bid 990-25 to California Retrofit in the amount of $72,820 and reject all other bids; and 2) authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are available in the following account: 725-7028-481200-1603 (Lighting Replacement); $ 72,820. 3.14 Rejection of Bid of MacKenzie Electric, Inc. for Hart Park Lighting (Bid 990-26) and Award of Bid to Building Energy Consultants. (A2100.0 AGR-3543) SUMMARY: The City Council at its meeting on April 25, 2000 awarded Bid 990-26, to MacKenzie Electric, Inc. in the amount of $68,500 for the installation of field lighting at Hart Park. The City received a request from MacKenzie Electric, Inc. for relief from its bid. It is recommended that it is in the best interest of the City to relieve MacKenzie Electric, Inc.'s from its bid and to award the bid to the second lowest bidder, Building Energy Consultants, in the amount of$69,710. ACTION: 1) Approved MacKenzie Electric, lnc.'s request forrelieffrom its bid; 2) approved the award of Bid 990-26 to Building Energy Consultants, the second lowest responsible bidder in the amount of$69,71O for Hart Park Lighting installation and rejected all other bids; and 3) authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 7 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are budgeted for FY 1999/00 in Account No.: 510-7021- 485100-0029 (Hart Park Lighting); $ 69,710. 3.15 Award of Bid No. 990-37 to M. J. Contractors - Hart Park Concession/Restroom Buildings. (A2100.0 AGR-3546) SUMMARY: The lowest bid for the Hart Park Concession Project was greater than the engineer's estimate due to ADA and Old Towne Design (roof and exterior texture) requirements. Since the Hart Park Concession Project is ready to be built, it is recommended that funds be transferred to this project from the El Modena High Field Lighting Project, which has been delayed. The El Modena High School Field Lighting Project has undergone significant delays in that the Orange Unified School District has to date rejected the City's proposals on partial reimbursement for the project, in the event the School District needs to cancel the Joint Use Agreement and use the field for a different use. The El Modena High School Lighting Project will still be a CIP project but without current funding. ACTION: I) Approved award of base bid to M.J. Contractors in the amount of$515,000 Hart Park Concession Building and rejected all other bids; 2) re-appropriated funds allocated to the Park, Acquisition and Development Fund (510) Account 510-7021- 485100-0144 (El Modena High Lighting) in the amount of$223,380 to Account 510- 7021-481200-0027 (Hart Park Renovation); and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: After the fund transfer is executed, there will be funds available in Account No. 510-7021-481200-0027 (Hart Park Renovation); $ 566,500. 3.16 Approval of plans and specifications and request for authorization to advertise for bids for the Fire Station No.8 landscape improvement project located at Cannon Street and Carver Lane. (C2500.H) SUMMARY: Plans and specifications have been completed for the Fire Station No.8 landscape improvement project and are now ready to be advertised for bids. The estimated construction cost is $64,206. Approximately 90 percent of the proposed landscaping will be incorporated in the future permanent Fire Station No.8 project. ACTION: 1) Approved plans and specifications and authorized the advertisement for bids for the Fire Station No.8 landscape improvement project; and 2) transferred funds from Account Number 562-3021-481200-2679 (Prototype Station Design) and 562-3021- 481200-2680 (Fire Station No.8 Permanent Design) in the amount of $64,000 to 562- 3021-481200-2683 (Temporary Fire Station No.8). FISCAL IMP ACT: Funds will be available in the following account once funds have been transferred: Account No. 562-3021-481200-2683 $120,000. PAGE 8 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.17 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim for damages: a. Joe Paxton ACTION: Deny Claim for damages and referred to City Attorney and Adjuster. CONTRACTS 3.18 Award of Contract- Bid No. 990-36 to M & L Truck Body and Equipment - Seven Cab and Chassis Truck Bodies. (A2100.0 AGR-3545) SUMMARY: Seven Cab and Chassis Truck Bodies are scheduled for replacement as part of the approved vehicle replacement schedule in the FY 1999/2000 budget. ACTION: Awarded Bid No. 990-36 to M & L Truck Body and Equipment of Orange, CA in the amount of73,267.85 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds in the amount of$73,267.85 are budgeted and available in the following account: 720-5023-472102 (Motor Vehicle Replacement) 3.19 Termination of Architectural Services Contracts with Robbins, Jorgensen, and Christopher Architects for services in connection with Fire Station No.8. (A2100.0 AGR-3193) SUMMARY: The architectural firm of Robbins, Jorgensen, Christopher Architects ("RJC") has completed architectural design work for phase II of the prototype station design and the temporary fire station design for Fire Station No.8. Staff has determined that the balance ofthe scope of services remaining under the two contracts with RJC is not presently needed and that those contracts should be terminated under the City's right to terminate. Final Prototype and Permanent Fire Station No.8 plans shall be developed as scheduled in the 2000-01 to 2007-08 Capital Improvement Program budget. ACTION: Authorized the City Manager to terminate the two Architectural Services Contracts with Robbins, Jorgensen, and Christopher Architects; i.e., the Prototype Station Design Contract, and the Temporary & Permanent Station Design for Fire Station No.8 Contract. FISCAL IMPACT: Funds in the amount of $120,000 are available for transfer to the interim landscaping phase of the project. PAGE 9 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.20 Serrano Booster Station - Award a Professional Services Contract to Sidawi & Associates for the design, plans, and specifications of Serrano Booster Station. (A2100.0 AGR-3544) SUMMARY: This contract authorizes the consultant to design and prepare plans and specifications for the construction of Serrano Booster Station. The booster station will pump water to the City's new Reservoir No. lOA which is located within the Serrano Heights Development and scheduled to begin construction in August of this year. ACTION: Awarded a contract in the amount of$56,765 to Sidawi & Associates, 17941 Sky Park Circle, Suite J, Irvine, CA 92614, and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and available in the following account: 601- 8011-484102-8223 $56,765.00 (Serrano Pump Station). PROMISSORY NOTE 3.21 Extension of the due date related to a Promissory Note between the City of Orange and the Orange Redevelopment Agency. (A2100.0 AGR-2827) SUMMARY: Extending the due date ofa $1,527,597 Promissory Note dated July 1, 1997 between the City of Orange and the Orange Redevelopment Agency from July I, 2000 to July I, 2003 as permitted in the terms ofthe Promissory Note and related to the acquisition ofthree parcels at the northwest corner of West La Veta Avenue and South Main Street. ACTION: Approved an extension of the due date from July 1,2000 to July 1,2003. FISCAL IMPACT: The annual interest amount of$91,660 will be budgeted as revenue in the City budget for three years beginning Fiscal Year 2000-2001, unless the Note is paid in full prior to July 1,2003. RATIFICATION OF DECLARATION OF EMERGENCY 3.22 Review the existence ofa local emergency as declared on April 1, 1999 (Vista Royale Tract). ACTION: Approved. 3.23 Review the need to continue the installation of a methane gas control system at Yorba Park in response to an emergency. (C2500.M.4.1) ACTION: Approved. PAGE 10 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.24 RESOLUTION NO. 9256 (C2500J) A Resolution of the City Council of the City of Orange establishing a Policy for the writeoff of uncollectible accounts. ACTION: Approved. 3.25 RESOLUTION NO. 9274 (A3100.0 ANX-CA-98-14) A Resolution ofthe City Council of the City of Orange agreeing to a redistribution of property taxes for Annexation No. CA98-14 North Orange Christian Church. Location: 1001 E. Lincoln Avenue ACTION: Approved. 3.26 RESOLUTION NO. 9277 (L1200.0 LMD-82-1) A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain assessment district proceedings (82-1). ACTION: Approved. 3.27 RESOLUTION NO. 9278 (L1200.0 LMD-82-1) A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1 (Shadow Ridge) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.28 RESOLUTION NO. 9279 (L1200.0 LMD-86-2) A Resolution ofthe City Council ofthe City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain assessment district proceedings (86-2). ACTION: Approved. PAGE 11 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.29 RESOLUTION NO. 9280 (L1200.0 LMD-86-2) A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2 (Santiago Hills) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.30 RESOLUTION NO. 9281 (L1200.0 LMD-94-1) A Resolution ofthe City Council ofthe City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain assessment district proceedings (94-1). ACTION: Approved. 3.31 RESOLUTION NO. 9282 (L1200.0 LMD-94-1) A Resolution ofthe City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.32 RESOLUTION NO. 9283 (C2500.M.16.1 LLN-2000-OJ) A Resolution ofthe City Council of the City of Orange approving Lot Line Adjustment LL-2000-OJ adjusting lot lines of certain real property described as Lot A and Lot 8 through Lot 17 of Tract 15695 in the City of Orange, County of Orange, State of California. Owners: Serrano Heights 1400 LLC, Centex Homes ACTION: Approved. 3.33 RESOLUTION NO. 9284 (EII00.0) A Resolution of the City Council of the City of Orange, California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7,2000 for the Election of certain officers as required by the provisions of the Laws of the State of California relating to General Law Cities. PAGE 12 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) ACTION: Approved. 3.34 RESOLUTION NO. 9285 (EII00.0 RES-9285) A Resolution of the City Council of the City of Orange, California, requesting the Board of Supervisors ofthe County of Orange to consolidate a General Municipal Election to be held on November 7,2000 with the Statewide General Election to be held on the date pursuant to Section 10403 ofthe Elections Code. ACTION: Approved. 3.35 RESOLUTION NO. 9286 (EII00.0 RES-9286) A Resolution of the City Council ofthe City of Orange, California, adopting regulations for Candidates for Elective Office pertaining to Candidates Statements submitted to the voters at an election to be held on Tuesday, November 7, 2000. ACTION: Approved. 3.36 RESOLUTION NO. 9287 (EII00.0 RES-9287) A Resolution of the City Council of the City of Orange, California, providing for the conduct of a Special Runoff Election for Elective Offices in the event of a Tie Vote at any Municipal Election. ACTION: Approved. 3.37 RESOLUTION NO. 9288 (N1200.0 NEG-1601-99) A Resolution of the City Council of the City of Orange Amending, Nunc Pro Tunc, Resolution No. 9196 Relating to the Acquisition of Certain Real Property Located at 2821 Vista Ridge Drive. Owners of Record: Kord Group ACTION: Approved. 3.38 RESOLUTION NO. 9290 (V1300.0 V AR-2078-99) A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission and approving a variance to allow tandem parking spaces, and a conditional use permit to allow the expansion of an existing church facility, upon property located at 1001 East Lincoln Avenue. PAGE 13 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) Variance 2078-99, Conditional Use Permit 2306-99, Applicant: North Orange Christian Church ACTION: Approved. 3.39 RESOLUTION NO. 9291 (T4000.0 TRT-14550) A Resolution ofthe City Council of the City of Orange upholding the recommendation of the Planning Commission and approving a Tentative Tract Map to allow the subdivision of 18.9 acres of property into 126 lots in the Peralta Hills, east of the intersection of Serrano Avenue and Orange Park Boulevard and north of Santiago Creek and Santiago Oaks Regional Park, between Sierra Vista Drive and Apache Creek Road, in an area governed by the Serrano Heights Specific Plan. Tentative Tract Map 14550, Applicant: SunCal Companies ACTION: Approved. 3.40 RESOLUTION NO. 9292 (A4000.0 APP-472) A Resolution ofthe City Council ofthe City of Orange Denying Appeal No. 472 and upholding the decision of the Planning Commission to approve Conditional Use Permit 2320-00 granting a request to use existing residential dwellings as a group home for adult women upon property located at 143 North Grand Street. Appeal No. 472, Appellants: Thomas and Arlene Avdeef ACTION: Approved. 3.41 RESOLUTION NO. 9293 (S4000.S.4) A Resolution of the City Council of the City of Orange temporarily closing sections of public streets for block parties. Locations: Everett Place between California St. and Maplewood St. (5-28-00); Cherry Dr. from Main St. easterly to 11-06 Cherry Dr. (7-04-00) Locust Ave. from Hart St. to Handy St. (7-04-00) ACTION: Approved. PAGE 14 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) 3.42 RESOLUTION NO. 9294 (A4000.0 APP-466) A Resolution of the City Council of the City of Orange denying Appeal No. 466 and upholding the decision ofthe Planning Commission to deny Variance No. 2068-99 regarding a telecommunications tower and antennas exceeding the maximum permitted height upon property located at 526 West Blueridge Avenue. Appeal No. 466; Variance 2068-99 Applicant and Appellant: Western Technical Services ACTION: Approved. 3.43 RESOLUTION NO. 9297 (T4000.0 TRT-15656) A Resolution ofthe City Council ofthe City of Orange upholding the recommendation of the Planning Commission and approving a Tentative Tract Map to allow the Subdivision of 16.1 acres of property into 100 lots in the Peralta Hills, East of the Intersection of Serrano Avenue and Apache Creek Road and North of Santiago Oaks Regional Park, in an area governed by the Serrano Heights Specific Plan. Tentative Tract Map 15656 Applicant: SunCal Companies ACTION: Approved. 3.44 RESOLUTION NO. 9298 (ORI800.0.27.17) A Resolution ofthe City Council of the City of Orange amending Resolution No. 8802 to add an Alternate Member to the Audit Committee. ACTION: Approved. TRACT MAP 3.45 Request for Council to approve for the recordation of Final Tract Map No. 15656. (T4000.0 TRT-15656) SUMMARY: Sun Cal Companies is requesting that the City Council approve the recordation of Tract Map No. 15656. This project is the first phase of the Serrano Heights Development approved by Council as part of Tentative Tract Map 15656. All plans have been approved, fees paid and bonds posted to guarantee improvements. PAGE 15 CITY COUNCIL MINUTES June 13, 2000 3. CONSENT CALENDAR (Continued) ACTION: Approved the request by Sun Cal Companies for the recordation of Final Tract Map No. 15656. FISCAL IMPACT: None. MOTION SECOND AYES - Murphy - Spurgeon - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ Tape 1100 4.1 Update on Veterans Memorial Mayor Coontz gave the following report: The City Council unanimously approved the Veterans Memorial project that will be dedicated on November 11, 2000 (Veterans Day). The entire Council has been very supportive of building a memorial to honor all those who have served and are serving our country. Further, a Veterans Memorial Committee was established by the City Council, of which I am the Chair. This committee is made up of representatives from the community and the local veterans group. Tomorrow, June 14th the Veterans Memorial project will kick offwith a groundbreaking ceremony at Depot Park at 11:00 a.m. The date has special significance, as it is Flag Day, a day that is set aside to honor the American Flag and reflect on its symbolism of freedom. The groundbreaking will commence with the presentation by the ROTC Color Guard from Orange High School. I would personally like to thank the members of the Veterans Committee who have been donating their time and effort to help raise funds and public support for this project. The committee has raised approximately $8,000 so far and has planned some very exciting fundraising activities. Individuals wishing to make donations to the Veterans Memorial can send donations to: Veterans Memorial of Orange, 300 E. Chapman Avenue, Orange, CA 92866. 4.2 Recreational Trails (C2300.H) Tape 1146 Mayor Coontz gave the following report: Over a number of years, the City Council has been approached by the community to address the many unresolved issues regarding existing and potential recreational trails, including their construction, connections, funding of maintenance, safe road crossings, and trail hazards. Although the City has been accommodating in the need to include recreational trails in planned developments, these trails have been occasionally forgotten or not planned for practical ultimate use. I would request that the City Manager provide the City Council with information about how other cities have addressed the implementation of trails in all zones in the development process, how they have followed through to assure their completion, PAGE 16 CITY COUNCIL MINUTES June 13, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) how they are financed, and a timetable of activity to achieve these goals. Additionally, I would appreciate it if we could also consider establishing a specific recreational trail committee representing the various trail areas throughout our City as an advisory group from which we can draw much needed practical information. This committee could work directly with our staff in the review of the Master Plan of Recreational Trails, the City's new Master Plan of Parks, and updating our General Plan and the future expansion of our trail system into East Orange. Another specific trail issue is the Jamestown Tract and the colony. This tract was developed many years ago. This linkage connects Santiago Oaks Regional Park with Santiago Oaks West Regional Park. Orange Park Acres has been working on plans to complete this linkage through The Colony association for approximately five years. Mark Sandford, President of Orange Park Acres Association, provided a memo to me today regarding this issue when he learned it was on the agenda. Orange Park Acres has funded approximately $5,000 to date in planning for this trail. There is approximately $20,000 needed to fund construction and complete the linkage. There has been a problem as the City approved a trail where there is a concrete drainage ditch placed over the City recreational trail easements. ******** COUNCIL COMMENTS: Councilman Alvarez expressed support of the Mayor's request of the City Manager, with the exception of establishing a recreational trails committee, stating that the Orange Park Acres community already has a Trails Committee. Mayor Coontz commented the recreational trail maps approved by the City covers a larger area than Orange Park Acres. A committee is needed that represents all of the different areas. There are trails on the map which are non-existent and trails in use now that are not on the map. The connection with the Master Plan of Parks is important as many ofthe trails are adjoining or in existing park areas. Councilman Slater concurred that there needs to be more emphasis on trails. The City should consider offering to purchase the strip of property from Holy Sepulcher, which is an upcoming issue. There are some linkages the City could purchase when they are offered. It was suggested that rather than forming a separate recreational trails committee, that the new ad hoc committee be overseen by the Park, Planning and Development Commission. Mayor Coontz noted that she has appealed the Holy Sepulcher application which was approved by the Planning Commission, indicating that she became interested in this after realizing there are a lot of unresolved trail issues. Councilman Murphy commented that he would like a contingency plan to draw upon to resolve issues such as the linkage at Santiago Oaks Regional Park, which is a critical connection and an unsafe passage from an equestrian's perspective. PAGE 17 CITY COUNCIL MINUTES June 13, 2000 4. REPORTS FROM MAYOR COONTZ (Continued) The City Manager indicated that 60 days are needed to review this issue. He will advise Council if more time is needed. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to form a recreational trails committee to begin a trail plan right away. 5. REPORTS FROM COUNCILMEMBERS Tape 1502 5.1 Councilman Slater - Request the City Manager provide a recap on the Master Plan of Parks relating to Fieldstone's Project at the Sully Miller site. Note: Mayor pro tern Spurgeon abstained from voting on this issue due to his primary residence being located across from the proposed development, and left the Council dais. Councilman Slater reported Fieldstone is in the process of submitting their application to the City, which will take four to five months to process, according to staff. This may be a good time for Council to provide input on what they would like to see in terms of park space at the site. What will it mean ifthe property is developed with 190 homes proposed? The City is being asked to change the zoning and the General Plan. It was suggested that an appraisal of the property be done as it is currently zoned and consideration be given to what should be added to the City's open space, park space and/or recreational space. The City must make sure the arena is preserved for the use of the Orange Park Acres residents. The City Manager commented the City has identified 193 acres of parkland with a population of 125,000 in the Master Plan of Parks. According to state and national standards, there is a minimum of3 acres per 1,000 of population. By that standard, the City of Orange should have at least 375 acres of parkland. The City is currently deficient at least 182 acres. The most dranlatic areas were identified as active sports fields in soccer, baseball, softball and football. The most severe shortages are in the area oflighted practice fields. There is an estimated need for 27 softball fields, 36 baseball fields, and 44 soccer fields. Based on the community input, the Master Plan identifies the following priorities for parks and recreational facilities: . There be developed additional practice and game fields for soccer, softball, and baseball. · These facilities and existing facilities be completed to come up to American Disabilities Act (ADA) standards. . Develop a site with a community center and gymnasium. The Master Plan categorized three types of parks: . Neighborhood park - defined as having daily recreational needs of the residents in the immediate area. (approximately Y2 mile radius) and should be 4-10 acres. PAGE 18 CITY COUNCIL MINUTES June 13, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) · Community park - areas of diverse environmental conditions and serves a larger recreational area (approximately I Y, mile radius) and should be 15-40 acres. · Special Use Facilities - provided to the community at-large for a wider range of activities to the surrounding areas, i.e., competitive swimming, skating, performing arts, with no typical size or radius. The City Manager explained the project proposal (Sully-Miller site) has not yet been submitted by Fieldstone. The site is approximately 120 acres. Currently identified at this time is 190 homes; a 3 acre park, a 7 acre equestrian center and community center site (Orange Park Acres has that facility), and the adjacent 4 acres of open space that may be used for parking and/or a community center site. There is approximately 20 acres of open space along the creek bed. The developers have requested staff give some guidance as to what might be acceptable to the City. Staff has indicated to the developer that land is preferred over fees. If the property were currently zoned residential, the new Quimby Ordinance would require approximately 3 acres of a park site. However, the Master Plan of Parks requires 4-10 acres for a neighborhood park to support the immediate area. The property is currently zoned a resource area, which is under the category of open space. The property has been a mining site for sand and gravel for many years. Recently the site has been use for agriculture. The proposed development is for a residential use which would require a zone change and General Plan amendment. The City's ability to negotiate an amount of land greater than what would be required under the Quimby Ordinance comes from the fact that the property requires the zone change and General Plan amendment. The City Council has a substantial amount of discretion to either approve or deny a zone change and General Plan amendment that has sufficient mitigation for the impacts the development may have on the surrounding area. Mayor Coontz expressed concern with addressing an issue with so little information. The usual process involves the filing of the application, review by staff, the Design Review Committee, and Planning Commission. No application has been filed in this case. There may be some remedial situations with some of the property. Study sessions have worked well in the past for changes to be made in a development process. The Master Plan of Parks should be a part of a study session. Mayor Coontz commented that she has said for years that the Master Plan of Parks should reference the City's trails. A presentation needs to be made on this proposed project. Mayor Coontz expressed concern with getting ahead of the application process, environmental review by staff, etc. Councilman Slater commented there is the potential for a 190 home project and the property has not yet been zoned. When the developer submits their application, it will consume an immense amount of staff time. Ifit is not Council's intent to see homes on the property, it is time for Council to say what they would ultimately like to see with the property. Do we want to welcome more residents to this part of the City or do we want to improve this part of the City for the residents we already have? PAGE 19 CITY COUNCIL MINUTES June 13, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) Councilman Slater further commented maybe some ofthe property should be developed but at this point there is a potential for only a three acre park site and the equestrian center. If this property is developed and there are only 3-5 acres of park site, what will this mean in terms of the entire community, and what are the City's choices ifthis property is developed? Councilman Alvarez commented he attended one ofthe scoping meetings at Santiago Oaks Park. The lifestyle of the neighborhoods that surround the property will change. It is important that the developer understand that Council does have the discretion and that the developer know what Council feels. What is being proposed to the residents is deficient in park size and does not fill the needs of the Master Plan of Parks. Residents at the scoping meeting indicated that a greenbelt plan was in place years ago, which needs to be reviewed. The location of the park is improper and the park size is too small. There also needs to be a consistency in building in the City of Orange. Phil Bettencourt, 110 Newport Center Drive, on behalf of Fieldstone Communities, Inc., commented Fieldstone is already involved in an environmental evaluation for three development alternatives, with a properly scoped evaluation that involves a general plan amendment and a zone change. During this seven to eight month period, Fieldstone entered into an agreement with the Orange Park Acres Association, as they wanted to find common ground in the neighborhood first with a development plan that they could come forward with. Fieldstone is prepared to file a tentative tract map as well as a supplemental environmental evaluation that could accompany the Tract Map. This would add to the process that has been underway since October, 1999. Not all of the property reflects the zoning that has been represented. The site on the north side of the creek by the Mabury Ranch sector is already zoned R-I-8. The City Council previously approved a Tentative Tract Map for that property that was supported by the residents at the time. The seven acre site where the equestrian center is located is on a temporary license agreement, which is zoned R-I-40. The bulk ofthe site is in the sand and gravel zone. Mr. Bettencourt continued that the benefits in the Orange Park Acres agreement is that it involves a single-family detached home program, a three acre park, the set-aside of an additional seven acres of candidate parkland for an arms length transaction with the City government (if interested), 20 acres of open space for the river park sector (including a public walkway along the southern portion of the park) and a master plan recreation trail, a recreation trail along Santiago Canyon Road, and a linkage of the two trails (River Trail with the north/south sector), the preservation of nearly 2/3rds of the north side of the creek as open space, and the dedication of7 acres to the Orange Park Community Corporation. Participation in the CEQA process is the best way to evaluate what Fieldstone is doing. A project will be submitted that Fieldstone believes is in conformance with the City's existing zoning standards, to put on the table for evaluation. The City has not lost anything in its ability to have a park transaction with Fieldstone and the property owner. This property owners and applicant's stance is - Is there a standard being set up for this applicant that does not apply to other applicants in the City? Fieldstone is prepared to have its impacts and benefits to the community measured in an open public arena through the CEQA process. PAGE 20 CITY COUNCIL MINUTES June 13, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) Shirley Grindle, 5021 E. Glen Arran, commented that the City should take a proactive stance in identifying parcels the City should go after to acquire for parkland. No matter what happens to the property, she does not want to see the equestrian center lost for the use of Orange Park Acres people or anyone else who has horses in the area. Other concerns with the property are the greenbelt system and Mabury Ranch. Ms. Grindle suggested the property be appraised under its current zoning and that Council work with the Trust for Public Lands who are allocating funds to buy up land on creek and river beds. Carole Walters, (address on file), expressed concern with the impact that active parks will have on existing neighborhoods. Carter James, 5849 E. Valley Forge Drive, President of Orange Junior Soccer Club, commented on the need to be proactive on the Master Plan of Parks and aggressively go after the sites. The City needs to make up its shortfall of active and passive park space. Mark Sandford, (address on file), President of Orange Park Acres (OPA) Association, commented that they have been working with Fieldstone for almost a year. Fieldstone has done a lot in trying to satisfy the goals of the community. The City needs to look further for active parks in locations that will not severely impact residential neighborhoods. OP A Association is in support of the Fieldstone agreement. Julia Jones-Ufkes, 20121 E. Clark Street, Orange Park Acres, expressed concerns for water quality and treatment of water sheds. She is not convinced that the tentative plan adequately protects the streams. The Santiago Creek needs to be restored and there needs to be ample buffer zone to protect the creek. Councilman Slater commented that OUSD is currently doing a Needs Assessment Study that should be completed in June or July. OUSD has talked about the needs for another school in the area and have complained that Serrano Heights is not providing a school. It is possible this property could be a natural for a school site. Councilman Slater stressed that he does not want to see any development coming to Council until it is known what the schools assessments needs are, until the property is assessed in light of the Master Plan of Parks, and what the loss of the development will mean to the City long term. He does not want to see any development coming to the Council after it has gone through the process or in the future until these questions are answered. Council was urged to conduct an appraisal of the property as it is currently zoned. Property can always be land banked and developed down the road as the City is able to save the money and put it aside for that purpose. Once the property is developed, it is gone. Mayor Coontz commented a cities/schools coordinating meeting was held yesterday and the question was asked when was OUSD going to have their Needs Assessment Study completed. The answer was that they were in Phase I and will go into the Facilities Phase for II. PAGE 21 CITY COUNCIL MINUTES June 13, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Coontz commented that she is not prepared to make a decision at this time. The Council could also be getting into some legal issues in the way this is being handled and asked, what will the knowledge of property value achieve? Do we want to know the appraisal of the property to put it on a bond issue or for the City to buy it? Councilman Slater indicated no, the City will not know what the property is worth or if it is even feasible to discuss purchasing it, if we don't have an appraisal. Councilman Slater suggested that a Study Session be scheduled. At that time, Council could direct that an appraisal be perfornled. The City cannot discuss purchasing the property if it does not have an appraisal. Councilman Murphy commented that he is not comfortable on second guessing what the application submitted will be. He expressed confidence in the process involving input from staff, the public, Design Review Committee, and Planning Commission. Targeting an individual piece of property because of a shortage of park space is a dangerous precedent to set and not good public policy. Mayor Coontz indicated that she is willing to have a presentation by the developer at a study session and to have an understanding of the work plan for the new Park, Planning and Development Commission, but not willing to change the system that has worked very well. As long as the developer is talking to the community, making changes that are logical, it should be recognized, because not all of them do that. MOTION - Slater SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved that Council conduct a Study Session on the Sully Miller site as it relates to the Master Plan of Parks and define what the work plan ofthe Park, Planning and Development Commission would be. Mayor pro tern Spurgeon returned to the Council dais at 6:20 p.m. OFF-AGENDA ITEM Councilman Alvarez - Request to agendize items for future Council meetings Councilman Alvarez commented on traffic concerns of residents on Hart Street since the Collins Avenue bridge closure, and asked if the City Manager's emergency powers could be used to circumvent the Traffic Commission and have a stop sign placed at the corner of Hart and Hamilton? The City Attorney explained there must be a factual study or findings that evidences a dangerous situation or emergency exists and that there is a need to take action. PAGE 22 CITY COUNCIL MINUTES June 13, 2000 5. REPORTS FROM COUNCILMEMBERS (Continued) The Director of Public Works explained there has been a significant increase in traffic volumes in this area, approximately 3,000 vehicles per day. A significant speed problem has not been identified. Based upon turning movement counts that have been made, it may be better to prohibit turns onto Hart Street during peak periods, rather than install stop signs. Stop signs can increase congestion on the roadway and may create more difficulties. No accidents have occurred at this location. With the current dislocation due to the diversion of traffic, an unpredictable situation exists on many ofthe streets in the immediate area. It was suggested that staff be given an opportunity to gather and analyze data to have a good of base for making a final decision. In response to Councilman Alvarez, the Director of Public Works indicated this issue could be agendized for the June 27, 2000 meeting. If staff is not ready to make a definite recommendation at that time, a progress report will be provided. Councilman Alvarez requested the City Clerk agendize this issue for the June 27, 2000 meeting. ******** Councilman Alvarez, as the City's representative on the Orange County Vector Control District, requested the Red Imported Fire Ant Committee make a presentation at the July 25, 2000. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 3882 6.1 Reappoint Doug Westfall and Jonell Schlund to the Orange Public Library Board of Trustees, terms to expire 6/30/2003. (C2500.I.1) MOTION -Slater SECOND -Spurgeon A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve reappointments. 6.2 Appoint Dwight Nakata to fill the vacancy created by Steven Meadows, citizen representative, on the Audit Committee, term to expire 0112001. Appoint G. David Piper as alternate member of the Audit Committee, term to expire 0112001. (ORI800.0.27.17) MOTION - Alvarez SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve appointments. PAGE 23 CITY COUNCIL MINUTES June 13, 2000 6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) 6.3 Appoint Mary Ellen Manning to fill the vacancy created by Harry St. George on the Community Development Block Grant Committee, term to expire 1/2001. (ORI800.0.8.3) MOTION - Spurgeon SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve appointment. 7. ADMINISTRATIVE REPORTS Tape 3925 URGENT ITEM Termination of Vista Royale security services contract with Patrol One. (A2100.0 AGR- 3279.B) The City Attorney reported that escrow on the properties closed on Thursday, after the posting of the agenda. Due to the escrow closure, the services of Patrol One will no longer be needed. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the need to take action arose after the posting of the agenda and that there is a need to take immediate action. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve termination of the contract with Patrol One. 8. REPORTS FROM CITY MANAGER Tape 3950 8.1 Presentation of the Third Quarter 1999-00 Budget Report for the period July 1, 1999 through March 31, 2000. (C2500.E.4) SUMMARY: The Third Quarter Report helps inform the City Council of departmental performance for the quarter, including progress towards the achievement of departmental goals and completion of major capital improvement projects, and summarizes the results of the City's financial operations. PAGE 24 CITY COUNCIL MINUTES June 13, 2000 8. REPORTS FROM CITY MANAGER (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file report. 8.2 Report regarding the County of Orange proposed purchase of the Orange County Flood Control District property adjacent to the Theo Lacy Jail site to accommodate additional staff parking. (A2100.0 AGR-1669.1) Note: Mayor pro tern Spurgeon abstained on this item due to his employment with the County of Orange. In response to Councilman Slater, the Director of Public Works indicated the embankment is wide enough to accommodate additional staff parking as well as the bike trail. The City Attorney noted for the record this may require an amendment to the MOU. If so, an amendment will be brought back to Council. MOTION - Murphy SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Alvarez ABSTAIN-Spurgeon Moved to support the Sheriffs Department's proposed purchase of the Orange County Flood Control District property adjacent to the Theo Lacy/Manchester Facility contingent on the following: 1) The County continues to abide by the terms ofthe Theo Lacy MOU; 2) the property will be used as a staff only parking lot for a short-term, temporary basis until a long- term parking solution is available or until the City requires the property for the Metropolitan extension, whichever comes first; and 3) the County will not inhibit the City's ability to purchase the property or obtain an easement across the property for the purpose of constructing the extension of Metropolitan Drive. 9. LEGAL AFFAIRS Tape 4018 9.1 ORDINANCE NO. 10-00 (A2500.0 Streets, Closure) An Ordinance ofthe City Council of the City of Orange amending Section 12.58.015 ofthe Orange Municipal Code relating to street closures for special events. MOTION - Mayor Coontz SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 25 CITY COUNCIL MINUTES June 13,2000 9. LEGAL AFFAIRS (Continued) Moved that Ordinance NO.1 0-00 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 11-00 (A2500.0 Park Development Fees) An Ordinance ofthe City Council ofthe City of Orange amending Chapter 5.18 of Title 5 ofthe Orange Municipal Code pertaining to requirements for dedication of land, payment of a fee in lieu thereof, or a combination of both, for park and recreational purposes. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 11-00 be read by title only and same was approved and adopted by the preceding vote. 9.3 ORDINANCE NO. 12-00 (ZI500.0 ZCG-1202-99) An Ordinance of the City Council of the City of Orange amending Section 17.06.030 of the Orange Municipal Code and approving the pre-zone classification to R-2-6 of a portion of property located at 1001 East Lincoln Avenue in the County of Orange. Pre-Zone Change 1202-99, Applicant: North Orange Christian Church MOTION - Murphy SECOND - Slater A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 12-00 be read by title only and same was set for second reading by the preceding vote. 9.4 ORDINANCE NO. 13-00 (ZI500.0 ZCG-1203-99) An Ordinance of the City Council of the City of Orange approving a zone change request to modify regulations for Residential Development Areas (DA) 2 and 4 in the Serrano Heights Specific Plan. Zone Change 1203-99, Applicant: SunCal Companies MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 26 CITY COUNCIL MINUTES June 13, 2000 9. LEGAL AFFAIRS (Continued) Moved that Ordinance No. 13-00 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:33 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(b) - potential litigation, one case. b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: Vista Royale HOA v. City of Orange, el. aI., OCSC No. 78-02-84 c. Conference with Legal Counsel pursuant to Government Code Section 54957: Public Employee Discipline/Dismissal/Release. 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. 7:00 P.M. SESSION 12. PUBLIC COMMENTS Tape 4155 The following people spoke in opposition to the removal of bricks in the Plaza: Carole Walters, (address on file) Hank Moscolo, 30 Plaza Square Brenda Asheington, 1459 N. Blake Joseph Coopey, 1925 E. LaVeta Bea Herbst, 1435 E. Walnut Carole Collis, 22 Plaza Square Furman Roberts David Black, 335 W. Chapman Bob Bennyhoff, 10642 Morada Drive, commented relative to the Sully Miller property that an elementary school is located 500 yards up Cannon Street. Roger Young, (address on file), commented on the need for restroom facilities and health issues in the Santa Fe Depot area. Mayor Coontz responded that the City Manager will look into this Issue. PAGE 27 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS Tape 5171 13.1 CITY OF ORANGE, CITY SERVICE FEES (C2500J.1.0.1) (C2500.J.1.0.3) Time set for a public hearing to consider proposed City Service Fees for the City of Orange based upon the results of an independent outside fee study performed by DMG Maximus. This comprehensive user fee update is an analysis of the cost to provide specific city services that are supported by fees. Also, the Fire Protection Facilities Fee Program was instituted in 1988. The fee schedule was last modified in 1991. Resolution No. 9295 outlines a new schedule of fees based upon the construction cost index history is proposed. Mayor Coontz reported that two types offees are being considered. The City Service Fees includes development user fees in the Community Development and Public Works Departments. Fees for Services are fees provided by the Community Services, Police and Fire Departments. Secondly, the City is considering an update of the Fire Facilities Fees which are developer impact fees for new development. The Finance Director reported on the scope, concept and results of the study conducted by DMG Maximus. This is the first time the City has contracted with an outside firm for an independent review of user fees. The revised fees have been made a part of the FY 2000-01 budget and will be reviewed in the year 2001 and every other year thereafter to keep up with fee increases. Richard Pearl, Vice President ofDMG Maximus, presented a brief overview of the methodology used for the fee recommendation. The Fire Chief reported the Fire Facilities Fees were last adjusted in 1991. The proposed fees are adjusted according to the Engineering News Record - Construction Cost Index. The City Manager has directed the Fire Department to look at a consultant in the next year to review the areas of Fire Facilities Fees to ensure the nexus is maintained between the activities in particular areas in the City and the fees that are being charged. In response to Councilman Alvarez, the Finance Director clarified that the Master Schedule of Fees and Charges includes titles and fees that are listed in the Orange Municipal Code. Mayor Coontz expressed pleasure that the fees for police reports were significantly reduced. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9296 A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10. PAGE 28 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9296. RESOLUTION NO. 9295 A Resolution of the City Council ofthe City of Orange repealing Resolution No. 7840 and revising the Fire Protection Facilities Fee. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9295. 13.2 CITY OF ORANGE 2000-01 FISCAL YEAR BUDGET AND SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM (C2500.J.l.l) Tape 6120 Time set for a public hearing to consider adoption of the 2000-01 Fiscal Year City of Orange Budget and adoption of a limitation on certain appropriations in accordance with Article XIII of the State Constitution. Mayor's Introductory Budget Comments A recent news article quoted a local city manager, not our own, lamenting that the public was not interested in his city's budget. Apparently only a few people bothered to attend their budget hearings. I look out on our sparse audience tonight and I take that as a good sign, a sign that the community has confidence in how the City of Orange utilizes public funds. The City has made great strides at improving the budget process and documentation. Our budget is now winning awards for excellence as it's easy to read and understand. For those who don't want to wade through the full document, the condensed Budget in Brief will again be available within a few weeks following the adoption of the budget. To the City Council and staff, this budget is a working document. It contains measurable goals and objectives from each department's annual work plan. Each quarter, the City Council reviews these work plans and monitors the City's fiscal status enabling us to respond quickly to changes in the economic environment. Tonight, we are wrapping up a strong fiscal year and unveiling plans for the new fiscal year. With a strong economy to bolster our efforts, the City was able to make great strides in FY 1999-00. A few of the City's accomplishments included: PAGE 29 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS (Continued) . Adoption of the Master Plan of Parks . Establishment of Orange Library and Community Services Foundations . Development of Old Towne Design Standards . Reconstituted the Design Review Committee . Acquired the future Rock Creek park site . Oversight of the 1-5 and SR-55 Freeway projects . Successfully fought the placement of a second county jail (for now) in our Sphere of Influence. We enter the new fiscal year with a balanced General Fund budget, allowing us to use reserves for important community projects such as the renovation of Taft Library, improvements to numerous roadways and the City Hall Seismic Retrofit project. The budget is balanced despite the fact that the City continues to lose property tax dollars to the state each year. Beginning in 1992, the state has taken approximately $2.7 million each year in property taxes. In total, the City lost nearly $25 million. These takeaways have required the City to be aggressive with its economic development program to ensure the City's financial strength is maintained now and into the future. Looking ahead to the new fiscal year, the City's key goals include: . Hiring a legislative advocate to provide representation in Sacramento on our funding opportunities. . Enhancing the library system including renovating Taft Library by adding a community room and information technology center. . Adding a new unit to the Police Department to address the growing and more complex issue of youth and family public safety. . Implementing the Master Plan of Parks, with $5 million being allocated to the design and construction of the Rock Creek Community Park. Given the limited resources available to the City, preparing an annual budget is always a challenge because the standards of our community are high; but I believe this budget fulfills these expectations. ******** The City Manager reported the FY 2000-01 budget totals $151.6 million, which represents a continuation of the City's efforts to address long time service demands that have been unmet since the economic downturn of the early to mid 1990's. As a result, the number of recommended full-time positions has increased to 669 in FY 2000-01. Although the City is not approaching the peak workforce level of 792 full-time employees of 1990-91, restoring a number of critical positions enables the City to work smarter and more efficient. PAGE 30 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS (Continued) A few key budget highlights: . Balanced Budget . Use of One-time Revenue · Establishment of the Capital Project Team . Park Infrastructure Enhancement · Enhancements to Library Facilities and Services · Looking West - Retention of the Diamond Group to assist in the preparation of a land use concept and economic development strategy for the West Chapman A venue area. · Looking East - The Irvine Company is proposing to initiate the development of Santiago Hills II to a planned community. Capital Improvements: The City is continuing its aggressive Capital Improvement Program (CIP) with a proposed $36.5 million in projects for FY 2000-01. In addition to the General Fund contribution, the CIP budget includes funding sources including Redevelopment Agency, Measure M, Community Development Block Grant, Gas Tax, other transportation related fees, and developer impact fees. A major focus of the FY 2000-01 budget will be road improvement projects. The CIP includes 41 new and carryover projects, such as the rehabilitation of eight roadways, including portions of Taft Avenue, Main Street, Eckhoff Street, Glassell, Hewes and Newport Avenues, improvements to the Katella Avenue SR-55 interchange, and others. Revenue Summary: The total revenue estimate for the FY 2000-01 budget totals $129.2 million, which is nearly equal to the total estimated revenue received in FY 1999-00. The budget projects a 5% increase in sales tax revenue and 3% increase in property tax revenues. Vehicle license fees are projected to increase 3.5%. Building permit fees for FY 2000-01 are projected to decrease by approximately 42%, which will result in an overall decrease in license and permit revenues. Expenditure Summary: The operating portion of the FY 2000-01 budget totals $102.3 million, which is a less than 1 % decrease from FY 1999-00. ******** Mayor Coontz commented on the need to improve visual presentations in the Council Chambers. The City Manager indicated staff has been working and continues to work on this issue. MAYOR COONTZ OPENED THE PUBLIC HEARING. Roy Shehbazian, 3808 E. Palm Avenue, expressed gratitude to the Council and stafffor the proposed budget which supports bikeways. It is hoped that funding can be increased for trails in general. MAYOR COONTZ CLOSED THE PUBLIC HEARING. PAGE 31 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS (Continued) Councilman Slater asked ifthe traffic signals at the corners of Prospect and Palmyra and Prospect and LaVeta could be removed from the CIP budget (Projects 6069/6141)? Could the signals be placed back in the CIP budget if it were deemed necessary? Councilman Slater noted that a prominent citizen in that area that expressed opposition to the signals. This citizen indicated that staff at the school is also opposed to the signals. The Director of Public Works responded these locations meet the criteria and are the highest priority of new locations for installing traffic signals. However, it has been found at other locations that it is not always a situation where it is the best thing to do. The City would not move forward on these projects without soliciting community input. Discussion: Councilman Alvarez stated that he had requested the development surrounding this area be notified before the signals became a part of the CIP budget. Also, concerns were expressed from people at McPherson Magnet School. Mayor Coontz asked for an explanation ofthe process to elicit community concerns? If the Council does not proceed with the signals, would the monies go towards other projects on the list? The Director of Public Works explained a community meeting would be held in the areas within the first quarter of the coming fiscal year, with a report back to Council indicating the results of the meeting. At that time, a recommendation would be made either to proceed or defer the project. There would be a reprioritization ofprojects if this project did not go forward. Councilman Murphy indicated that he would be voting against Councilman Slater's motion as there is a review process. He has heard from people in the area who are looking forward to some type of control at Palmyra and Prospect. This has been requested before the school reopened 3-4 years ago. Mayor pro tern Spurgeon expressed opposition to the removal of the traffic signals from the CIP budget, as the monies would could be reallocated for another project. Councilman Slater commented that he feels from observation that signals sometimes attract more traffic, as he has gone through this intersection often and has not seen the traffic back up. He feels there will be a lot of controversy over this issue in the neighborhood. MOTION - Slater SECOND - Alvarez AYES - Slater, Alvarez NOES - Murphy, Mayor Coontz, Spurgeon Moved to remove Project 6069 and Project 6141 from the Seven Year Capital Improvement Program. (MOTION FAILED). PAGE 32 CITY COUNCIL MINUTES June 13, 2000 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9276 A Resolution ofthe City Council ofthe City of Orange adopting said City's Budget for the Fiscal Year 2000-01 and relating to transfers offunds between and within appropriations, transfers between funds and additional appropriations. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9276. RESOLUTION NO. 9275 A Resolution of the City Council ofthe City of Orange adopting the appropriations limit for the Fiscal Year 2000-01. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9275. MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt a finding that the portion of the budget subject to the Gann limit is $42,471,551 and therefore is within the limit. MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Seven Year Capital Improvement Program for the period ofFY 2000-01 to FY 2006-07. CONVENE TO THE ORANGE REDEVELOPMENT AGENCY AGENDA ITEM ILL 14. PLANNING AND ENVIRONMENT - None PAGE 33 CITY COUNCIL MINUTES June 13, 2000 15. ADJOURNMENT The City Council adjourned at 9:00 p.m. in memory of Former Mayor Jack Hileman to an Adjourned Regular Joint Meeting with the Planning Commission on Monday, June 26, 2000 at 3:00 p.m. in the Weimer Room for transportation to the Santiago Hills II project site for a tour. ~/l~Jl!;o,-f~ CASSANDRA J. THCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE 34