5/22/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL JUNE 12,2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 22, 2001
The City Council of the City of Orange, California convened on May 22, 2001 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Dan Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Service Awards: Scott Barrett - Police;
Brian Stanley* - Police; Cathy Meyer* - Police; Patricia Sharkey* - Police; Gilbert
Carreon - Police; Debbie Mercer* - Police; Roseanne Miller* - Library; Barbara
St.Hilaire* - Police; Cathie Ralph* - Police; Lawrence Boyd - Fire; Michael Chenier*
- Fire; Roger Fitschen* - Fire; Phillip Gunness* - Fire. (*present at Council meeting)
Commercial Recycler of the Year awards were presented to the following businesses:
Impact Manufacturing, Mr. Don Hall and Mr. Adrian Ahumada (Recycler of the Year
Small Business Award); Young's Market, Mr. Steve Schaad (Recycler of the Year Large
Business Award); Office Depot (runner-up) not present; and Foamex International, Mr.
Terry Corliss (runner-up).
Proclamation honoring Public Works Week May 20-26, 2001, was presented to Harry
Thomas, Public Works Director/City Engineer.
Proclamation honoring Mental Health Month in Orange, May, 2001, was presented to
Rachel Pedraza from the Mental Health Board
Mayor Murphy announced:
. The COPS Expo will be held June 2 and 3 at the Orange Mall.
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CITY COUNCIL MINUTES
May 22, 2001
2.
PUBLIC COMMENTS
TAPE 730
Russell Monroe, 2505 E. Locust, read a letter about his experience with the Citizens
Police Academy and his support for the Orange Police Department. (Letter on file in the
City Clerk's Office.)
Arlen Craig, address on file, submitted an invitation to the Council to a Trails forum to be
held May 29th at Chapman University.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 22, 2001 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, and summarized on Time-Warner Communications, all of said
locations being in the City of Orange and freely accessible to members of the public
at least 72 hours before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated May 3, and 10, 2001.
ACTION:
Approved.
3.3 Receive and file the City Treasurer's Report, period ending April 30, 2001. (C2500.F)
ACTION:
Approved.
3.4 Request approval of City Council Minutes, Regular Meeting May 8, 2001. (C2500.D.4)
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY 2001-2002. (A2100.0 AGR-3283.B)
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
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 the Reimbursement Agreement between the Agency and the City.
FISCAL IMPACT: There is no net fiscal impact on either the Agency or City budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan. The Loan Repayment Schedule is set forth in Exhibit
A of the Reimbursement Agreement.
(REMOVED AND HEARD SEPARATELY)
3.7 Fourth Amendment to Consultant Agreement between IT Corporation and City of
Orange for Yorba Park. (A2100.0 AGR-3139.H)
SUMMARY: The City Council is being requested to approve the Fourth Amendment to
the consultant agreement between IT Corporation and the City of Orange for Yorba Park
in the amount not to exceed $7,500. The City is amending the consultant agreement to
provide extra services as part of the Y orba Park Master Plan. The extra services will
include a review and assessment of the enviromnental conditions, design assistance and
preparation, and attendance at public meetings as part of the process for the Master Plan
of Y orba Park.
FISCAL IMPACT: Sufficient funds exist to fund this project in the following account:
100-7001-426700 (Other Professional Services): $7,500.
Councilmember Coontz asked what the anticipated completion date was for these
services and when construction might begin at Y orba Park.
The Director of Community and Library Services reported they are hoping to finalize
plans some time in August, but could not give an exact date for the start of construction.
They have met with groups, such as the Dog Park Association, to inform them of this
schedule.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Approved the Fourth Amendment of the consultant agreement between the
City and IT Corporation for Yorba Park in the amount not to exceed $7,500; and
authorized the Mayor and City Clerk to execute the consultant agreement on behalf of the
City.
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.8 Worker's Compensation Claims Compensation Budget Appropriation. (11200.0.3.8)
SUMMARY: This request is for an appropriation of $450,000 from Fund 730 (Worker's
Compensation) to account 730-1412-432100 Claim Compensation to cover unexpected
industrial medical benefits.
ACTION: Appropriated $450,000 form the Workers' Compensation Fund No. 730 to
account No. 730-1412-432100 to pay for additional unexpected medical costs due to
industrial injuries.
FISCAL IMPACT: Adequate funds are available in Fund 730 to cover the appropriation.
3.9
CLAIMS
(C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Lee Bartosiewski
b. Louise Bonham
c. Sandra and Jerry Murphy
d. Jerry Yniguez
FISCAL IMPACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Contract - Project No. D-135; CDBG Project - Walnut Avenue Storm
Drain Improvements from Glassell Street to Shaffer Street. (A2100.0 AGR-3764)
Award of Contract - Project No. S-195; CDBG Project - Walnut Avenue Sewer
Improvements from Cypress Street to Orange Street. (A2100.0 AGR-3765)
SUMMARY: The construction of the storm drain improvements will benefit the
downstream low to moderate income areas by intercepting the street runoff from the
drainage area easterly and northerly of the project limits.
The construction of the proposed sewer improvements will provide the necessary system
capacity to alleviate the deficiencies in the existing sewer system thereby improving
sewer service to the immediate low to moderate income areas.
The storm drain and sewer improvements overlap from Glassell Street to Orange Street
and are being combined for economies of scale and ease of construction coordination.
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Awarded a contract in the amount of $445,950 to Pipe Line Equipment
Rental, PO Box 891839, Temecula, CA 92589-1839, and authorized the Mayor and the
City Clerk to execute on behalf of the City for the Walnut Avenue Storm Drain
Improvements.
2) Awarded a contract in the amount of $395,160.40 to Pipe Line Equipment Rental, PO
Box 891839, Temecula, CA 92589-1839, and authorized the Mayor and the City Clerk
to execute on behalf of the City for the Walnut A venue Sewer Improvements.
3) Authorized the transfer of $126,000.00 from Account No. 310-9645-483400-1819
(CDBG Storm Drain Replacement; Glenside-Fernside Storm Drain) to Account No. 310-
9645-483200-5550 (Walnut Avenue Sewer Improvements).
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
Walnut Avenue Storm Drain Improvements (D-135):
310-9645-483400-5386 Community Dev. Block Grant (CDBG)
315-9645-483400-5386 CDBG Funds - Prior Year
Total Funds
$ 288,000
$ 250,000
$ 538,000
Walnut Avenue Sewer Improvements (S-195):
310-9645-483200-5550 Community Dev. Block Grant (CDBG)
310-9645-483200-5550 (Transfer from 310-9645-483400-1819)
Total Funds
$ 304,000
$ 126,000
$ 430,000
PURCHASE
3.11 Authorize purchase of yellow LED traffic signal lamps and pedestrian lamps from
Synchronex in the amount of $85,748.35. (S4000.S.3.3)
SUMMARY: In anticipation of energy failures, staff has identified 44 intersections
which could be kept in operation by a battery backup system. To implement such a
system, all incandescent bulbs must be replaced with LED lamps.
ACTION: Authorized the purchase of yellow LED traffic signal units in the amount of
$85,748.35 from Synchronex; and transferred $15,448.80 from 272-5032-483100-6096
(Replace Failsafe Devices) and $75,232.40 from 272-5032-483100-6456 (Street Light
Conversion) into Gas Tax LED Replacement Account No. 272-5032-483100-6464.
FISCAL IMPACT: After the appropriation transfer has been made adequate funds will
be available in Account No. 272-5032-483100-6464 (Gas Tax LED Replacements)
$90,671.20.
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 9442
(C2500.M.l.l )
A Resolution of the City Council of the City of Orange approving the submittal of Used
Oil Recycling and Hazardous Waste Block Grant applications.
ACTION: Approved.
3.13 RESOLUTION NO. 9447
(C2500.M.16)
A Resolution of the City Council of the City of Orange authorizing Public Works
Director/City Engineer or designee to execute Right -of-Way Certifications.
ACTION: Approved.
3.14 RESOLUTION NO. 9448
(S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Walnut Avenue between Orange Street and Center Street, and the temporary suspension
of permit parking requirements within Area A, (downtown area) for a special event from
5:30 p.m. through 8:00 p.m., May 26-27, 2001.
Annual Baccalaureate and Commencement Ceremonies at Chapman University
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9449
(C2500.M.16.1 / LLN 01-6)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-6 adjusting lot lines of certain real property situated at 1069 and 1071 North
Meads Avenue in the City of Orange, County of Orange, State of California.
Owner: John Martin Hormuth and Judith A. Hormuth, Husband and Wife, as
Community Property
Councilmember Coontz asked what the minimum lot size would be for this property, as it
needed to meet the lot size requirements in Orange Park Acres.
The Director of Public Works stated the proposal is to combine two lots into one which
will total 2.25 acres.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Approved.
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
3.16 RESOLUTION NO. 9450
(C2500.M.16.1/LLN-01-3)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-3 adjusting lot lines of certain real property situated at Lots 171 to 180 and Lot
G of Tract 10439, in the City of Orange, County of Orange, State of California.
Owner: M.M. Orange, LLC
Location: Vista Ridge Drive and Vista Summit Way
ACTION: Approved.
3.17 RESOLUTION NO. 9451
(C2500.P .3)
A Resolution ofthe City Council ofthe City of Orange determining that there is a need to
continue the emergency rehabilitation of Water Wells 23 and 24.
Well 23 is located at 3142 E. Walnut Avenue, adjacent to Santiago Creek;
Well 24 is located at 2930 E. Collins Avenue, next to Fire Station No.2.
ACTION: Approved.
3.18 RESOLUTION NO. 9452
(C2500.M.16.1 / LLN-01-4)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-4 adjusting lot lines of certain real property situated at 450 S. Batavia Street in
the City of Orange, County of Orange, State of California.
Owner: St. Joseph College of Orange, A Corporation
ACTION: Approved.
SPECIAL EVENTS
(REMOVED AND HEARD SEPARATELY)
3.19 Request for temporary suspension of permit parking restrictions within Permit
Parking Areas D and G, for a special event. (S4000.S.3.1.2)
SUMMARY: The Community and Library Services Department will host the annual
July 3rd Celebration at El Modena High School's Kelly Field. Due to anticipated
attendance it may be necessary to park in the surrounding residential neighborhood
adjacent to the stadium, which restricts on-street parking except by Permit.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
May 22, 2001
3. CONSENT CALENDAR (Continued)
In response to questions from Councilmember Coontz, the Director of Public Works
stated the Community and Library Services Department is required to send out written
notification to the neighborhood regarding the suspension of permit parking for this
event.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Suspended the permit parking restrictions within Permit Parking Areas D and
G, on Tuesday, July 3, 2001.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Items 3.7, 3.15 and 3.19 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Council member Slater - Finalize plans for City Motto Contest Committee.
Councilmember Slater submitted a report to the Council, outlining the framework for this
Committee. The purpose of the Committee is to conduct a contest in order for the City to have a
motto. Each Councilmember would appoint a representative to the Committee, with
Councilmember Slater acting as chair of the Committee. They would be working into the Fall in
order to involve school children in the contest. The Committee will look at other cities and what
has worked and what does not. The motto should be short, capture the image of the City and be
able to transcend good times and bad; noting that many suggestions have already been submitted.
The Committee should be able to finalize their work and make a formal recommendation to the
Council by the end of the year.
Councilmember Coontz read an article about a city in Massachusetts, noting the problems some
cities have had with slogans and the need to have a motto that transcends both good times and
bad.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt a City Motto Contest Committee and adopt the framework as presented.
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CITY COUNCIL MINUTES
May 22, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
5.2 Councilmember Slater - Airport Issues
· Update on Supplemental Environmental Impact Report for EI Toro.
· Direct City Manager to provide update on proposed new settlement agreement for
John Wayne Airport.
· Discuss County's current preferred flight paths and make recommendations for
possible action.
Councilmember Slater stated that he was reporting as the Council's representative to the Orange
County Regional Airport Authority (OCRAA). There has been some discussion lately on the
Orange County preferred alternative for a take-off pattern to the north for EI Toro Airport. This
has become controversial, noting that the City of Villa Park has decided to withdraw from
OCRAA because of it. He wanted to ensure that the Council was kept informed of these
discussions and wanted to be able to take the Council's concerns back to OCRAA.
He stated that Gary Simon, Executive Director of the local planning authority for the airport, has
offered to give a briefing to the Council to provide an update on the County's proposed flight
patterns; and asked staff for a brief update on the Supplemental EIR for El Toro Airport and also
the John Wayne Airport settlement agreement.
The Director of Community Development reported the Supplemental EIR for EI Toro Airport is
limited in scope, looking at a re-analysis of air quality impacts of the proposed airport and
looking at transportation alternatives with regard to freeways. Staff is reviewing the document
and will return to the Council in June with a proposed comment letter on the Supplemental EIR.
The document does not re-open the discussion oflooking at alternative runways.
Councilmember Coontz stated the Council has already sent a letter to the County Board of
Supervisors, as well as the FAA, and understands there is a report coming back they should have
received by now. She was concerned about the recommendations from the FAA and how they
would fit into the EIR that is already in place. There is a lack of understanding on these issues,
and asked ifthere is a time period in which to address the concerns of flights in the EIR. She had
asked for a copy of all the flight patterns in the area and hoped Council would be able to get all
the information that is available.
The City Manager reported on the current and proposed settlement agreements with John Wayne
Airport. The current agreement, which expires in December 2005, has a cap of 8.4 million
annual passengers, seating approximately 13 million seats per year, allows for 73 daily
departures, has an airport curfew of 10:00 p.m. to 7:00 a.m., and the capacity has been averaging
61 % of available seats. The City of Newport Beach has been selected to represent all cities in
negotiations to extend this agreement; and it was agreed to by all cities that the discussion on this
agreement would be maintained separately from any issue related to EI Toro. The extension
agreement impacts and involves the FAA and current air carriers, and the County is the one with
control over the agreement. The goals of the cities are to extend the current agreement for as
long as possible, maintain the current curfew and minimize any increase in the daily departures
and total annual passengers as much as possible.
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CITY COUNCIL MINUTES
May 22, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Currently, negotiations are underway to try to get an extension to this agreement to 2026, with no
change in cargo operations, no change in the noise ordinance for general aviation, no change in
runway length, and allow construction of 4 additional gates at the end of the current agreement
from 14 to 18. After these 4 gates are operational, there could be an increase from 73 to 85
flights per day and an increase in annual passengers from 8.4 to 9.8 million. The County would
also agree not to do any master planning until 2026.
He noted the FAA no longer allows flight curfews at any airport. There is a curfew at John
Wayne Airport with the current agreement and its extension would allow the continuation of this
curfew. The best case scenario is a compromise and the interests of everyone have to be taken
into account.
The City Manager was directed to keep Council informed throughout the process.
Councilmember Alvarez asked what authority or power OCRAA has to change the direction of
what the County is proposing regarding EI Toro and what they can expect from OCRAA; and
expressed concern about the flight patterns at John Wayne Airport, noting they are not being
followed.
Mayor Murphy commented it was his understanding that once the air space at EI Toro was
retired, pilots were given more flexibility for air space, allowing them to take a wider approach.
This may be a contributing factor, which should be confirmed.
Councilmember Slater stated it was his understanding the FAA did address the flight path
situation noted in the City's letter to them, and asked the City Manager for more details on that
issue; noting that within the next 2 to 4 weeks, OCRAA will receive the FAA's opinion on the
County preferred plan and whether it will be safe or not. Ultimately, the FAA will sort out the
flight patterns. He further reported that he knows an air traffic controller who worked at John
Wayne Airport who would be willing to give the Council a briefing.
OCRAA is concerned that the County is only studying one plan, and should it fail, they want the
County to be able to have an alternative that will work and make sense; and are encouraging the
County to do this. The County's position has been that an alternate study will delay the EIR
process; and although OCRAA doesn't want that to happen, they will be asking the County to do
a concurrent study of the other alternatives separate from the EIR so they are doing all they can
to consider all the options.
Councilmember Coontz asked what would happen if the FAA turns down the County preferred
flight patterns. The options are not clear if it isn't approved, and a concurrent plan would be a
good idea. She noted the purpose ofOCRAA is not to get into the John Wayne Airport issues,
but to focus on the El Toro issue.
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CITY COUNCIL MINUTES
May 22, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
The City Manager reported there seems to have always been a perception that the flight patterns
were aligned with the 55 Freeway. However, according to the FAA in their letter to the City,
flight patterns have never been aligned and have never used the 55 Freeway as a landmark.
John Sibley, Assistant City Manager, reiterated the fact that the charter of OCRAA was to assist
the County in developing a re-use plan for EI Toro as an advisory board. Also, the County
Board, as well as the County staff, are anxious to get out into the community and answer
questions about flight paths and take-off patterns. Maps are available which outline runway
patterns for the entire region and the County can provide data to back up those maps.
Councilmember Alvarez stated that while he is in favor of sending letters to the FAA expressing
the City's concerns, he questioned their effect; stating it would have more impact to send staff to
talk to them face to face.
Mayor Murphy stated it is important to be active with the City's participation. From a personal
standpoint, his support for EI Toro has always hinged on the fact that there would not be negative
impacts to the City of Orange in terms of enviromnental or additional flights. Should there be an
alternative that includes northerly routes as being the only safe route, then he would have to
oppose that concept as an individual, and hoped the Council would also as it would not be in the
best interests of the citizens of Orange.
Councilmember Coontz stated she felt very strongly about this as well. They still do not know
the entire process and what other alternatives are available; and there seems to be more of a
recent awareness of flights in the area. She supported the idea of a study session and regular
updates from OCRAA; and as the City's alternate to OCRAA, wanted to be sure she received
their meeting minutes.
Councilmember Slater also expressed concern about the northerly take-off patterns; and asked
Bob McGowan, Villa Park Councilmember, who is also a pilot, to provide his perception of the
process at this point and why the City of Villa Park withdrew from OCRAA. It was
Councilmember Slater's understanding that Villa Park withdrew because the County is adamant
about pursuing only one option.
Bob McGowan, Villa Park Councilmember, reviewed flight patterns for EI Toro; and explained
the reason why Villa Park withdrew from OCRAA was that OCRAA has no authority. The
County is not willing to study any other alternatives and is only promoting their plan, which was
not designed by aviation professionals. In his opinion, the County's plan is a bad one, and the
County is trying to get OCRAA to substantiate it and put everyone's name on it as supporters.
Councilmember Slater reiterated that this is a controversy which is circulating around OCRAA.
The County has not been coming forward with any details about their plan, and agreed that a
study session would be worthwhile. He expressed concern that the plan seems backwards and
doesn't make sense, but there is no alternative plan being studied. He asked for Council's
direction in relaying a response to the County.
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CITY COUNCIL MINUTES
May 22, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy noted the Council seemed to agree and be concerned with the implications to the
City on the proposed flight paths and the fact that the County is not looking at other alternatives.
He also concurred that a study session would be advisable along with more regular updates.
Councilmember Alvarez stated that he has publicly stated his opposition to the El Toro Airport,
and as a Council, suggested that if they are looking at alternatives, they need to also include the
alternative of no airport, which is being promoted by the El Toro Reuse Authority. Measure F
was overwhelmingly approved by the citizens of Orange and another initiative, which will be on
the ballot next year, is looking to change the zoning for that area away from aviation. He made
the distinction of not supporting El Toro Airport versus the work that needs to be done at John
Wayne Airport; and agreed they need to work with the County on these issues.
Mayor Murphy pointed out the Council did take action to join OCRAA and participate. A study
session would be helpful to help formulate their responses to OCRAA. Also, regardless of
personal opinions on the airport concept, they all seem to agree on the importance of extending
the caps and restrictions at John Wayne Airport.
Councilmember Coontz pointed out that one of the reasons the City joined OCRAA was their
interest in the economic advantage for Orange County in the future. She noted that parks and
residential areas do not bring money into the communities; and there needs to be a balance of
retail, commercial, industrial and residential in any community. She agreed on the need for a
study session, but wanted to make sure the design of the session is well understood and that they
have confidence in whoever is making the presentations. Both the El Toro and John Wayne
Airport issues are important, but they need to separate those issues during the study session.
5.3 Councilmember Alvarez - Recommend approval of the formation of McPherson
Neighborhood Committee. TAPE 3180
NOTE: Item 5.3 was heard concurrently with Item No. 7.1
The City Attorney reported the direction given at the last Council meeting was for him to review
the legal issues regarding the formation of a neighborhood committee. If a committee were
formed as originally planned, with members appointed by the Council and a Councilmember
included as a member of the Committee, then it would be subject to the Brown Act and the
Political Reform Act. Therefore, it is being recommended to modifY the Committee make-up so
that it will be formed by the neighborhood itself.
Councilmember Alvarez reviewed the goals of this proposed committee. The neighborhood
wants to be able to have discussions with City staff or Councilmembers in a more formal manner
than they have been doing in the past. The neighborhood wants to form a committee to be
recognized as an informational committee, to provide input from the neighborhood, and to
disseminate information to the neighborhood. This neighborhood, in recent years, has become
heavily impacted with a sports park and magnet school, and they want to participate more in
what is going on in the neighborhood.
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CITY COUNCIL MINUTES
May 22, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mark Burkhardt, address on file, thanked the Council and staff for their assistance and efforts in
helping to form this neighborhood committee. They hope to have the ability to help mitigate
problems and development issues that affect their entire neighborhood.
Mara Brandman, address on file, spoke in support of this committee, stating it will bring people
to meetings and help them get more involved; and hoped it would set a trend for other
neighborhoods.
Bob Bennyhoff, Orange Park Acres, stated this is not a new idea, that citizens have always been
able to talk to the Councilor staff; and was glad the Council would not be designating this as an
official committee.
Councilmember Coontz agreed that citizens have always been able to attend Council meetings
and have their voice heard. The City does try to help citizens understand the government process
and provide them with opportunities to communicate with the Council and staff.
Mayor Murphy stated he could support the formation of a neighborhood committee under the
current proposed guidelines, and reminded the neighbors to give the City Clerk addresses where
they can be notified of meetings.
Councilmember Alvarez reiterated that this is not a special committee, it is simply an advisory
committee; and will organize how people are able to come forward to the staff or Council.
The City Manager pointed out the need to have any neighborhood committee properly represent
the entire neighborhood they say they represent to ensure that incorrect assumptions are not
made. There needs to be balanced opportunities for all residents, and a need to have clarification
of the geographical boundaries of the neighborhood.
The City Attorney suggested Council take action on the concept of the committee and then come
back with a more detailed analysis at a future meeting.
Councilmember Coontz stated they need clarification of the committee structure and geographic
area involved.
Councilmember Slater commented on the need for further details for this committee, specifically
to what extent this committee is going to be involved, how it compares to other committees, and
the overall structure for other possible neighborhood committees and its impact to staff.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to approve the formation, in concept, of the McPherson Neighborhood Advisory
Committee, noting the comments and concerns of the City Council, City Attorney and City
Manager.
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CITY COUNCIL MINUTES
May 22, 2001
5.
REPORTS FROM COUNCILMEMBERS (Continued)
TAPE 4080
5.4 Councilmember Coontz - Recommendation of support for Assembly Bill 476,
revision of membership on the OCTA Board of Directors.
Councilmember Coontz reported the League of Cities is currently promoting the expansion of
the OCTA Board to increase the number of representatives to ten. The issue of the Board
composition is a legislative activity which is being addressed through Assembly Bill 476. After
passage of AB 476, the League will then address the process for the selection policies regarding
city representation. She spoke on the importance of Orange having representation on this Board
and asked the Council to support a letter addressed to Assemblyman Tom Harman in support of
this Bill.
Roy Shabazian, 3808 E. Palm, supported having Orange representation on the OCTA Board, and
encouraged the Council to support the use of multi-modal transportation.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to support a letter being sent to Assemblyman Harman in support of Assembly Bill 476.
OFF AGENDA ITEM
Councilmember Slater displayed a political sign which was posted on public right-of-way,
reminding everyone that signs placed in the public right-of-way are a violation of City
Ordinance.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 4380
6.1 Designation of Alternate Board Member for Metro Cities Fire Authority (OC1300.A)
SUMMARY: Metro Cities Fire Authority, which the City of Orange is a member, provides joint
fire dispatching services for seven member agencies. The Authority is governed by a Board of
Directors that is comprised of one voting member and alternate from each member city.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to designate the Fire Chief as the City's alternate voting board member to the Metro
Cities Fire Authority.
PAGE 14
CITY COUNCIL MINUTES
May 22, 2001
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
6.2 Accept the resignation of Frank Bauman from the Building Board of
Appeals/Housing Board of Appeals. Instruct the City Clerk to begin Maddy Act
procedures. (ORI800.0.42.2)
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to accept the resignation of Frank Bauman from the Building Board of Appeal/Housing
Board of Appeals and instruct the City Clerk to begin Maddy Act procedures.
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney concerning formation of McPherson Neighborhood
Committee. (ORI800.0.10.4)
SUMMARY: The City Council requested a report from the City Manager and City Attorney
concerning the ramifications of forming a neighborhood committee made up of representatives in
an area generally bounded by the 55 Freeway on the West, Chapman Avenue on the North,
Esplanade Street on the East and Fairhaven Avenue on the South.
NOTE: Item 7.1 was heard concurrently with Item 5.3.
MOTION - Coontz
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to receive and file the report.
TAPE 4470
7.2 Report from the Economic Development Director on a request to approve an
Affordable Housing Loan Agreement for the development of a 20-unit senior housing
project to be located at 170 North Prospect Street. (A2100.0 AGR-3766)
SUMMARY: Urban Pacific Partners, II, LP plans to acquire property located at 170 N. Prospect
Street and develop 20 affordable senior rental units. The total estimated cost of the project is
$3,767,270. Under the terms of the proposed Affordable Housing Loan Agreement, the Orange
Redevelopment Agency will provide a loan of $1,360,000 for the project: $510,000 for property
acquisition and $850,000 at completion of the project. The developer is proposing to fund the
remaining project cost of $2,407,270 with tax credits and private financing. If his applications
for tax credits are not successful, the ownership of the property will revert to the Agency.
The Housing Manager gave a brief report on the proposal. In response to questions by
Councilmember Alvarez, she reported the money used as a loan would be Housing Set Aside
funds, secured by a second trust deed at 4% interest. Money will be repaid from available cash
flow from the project.
PAGE 15
CITY COUNCIL MINUTES
May 22, 2001
7. ADMINISTRATIVE REPORTS (Continued)
Mark Tully, Urban Pacific Partners, stated they have all approvals necessary for this project.
RESOLUTION NO. 9453.
A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan
Agreement by and between the Orange Redevelopment Agency and Urban Pacific Partners II,
LP regarding 170 North Prospect Street and making certain findings.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt Resolution No. 9453; and authorized the Agency Board to appropriate
$1,360,000 to Account Number 913-9809-485701-9206 (Prospect Street Apartments Loan
Account).
TAPE 4750
7.3 Report from the Director of Community Services on the Re-naming of Prospect
Street Community Park. (C2500.M.4.20)
SUMMARY: The City Council referred the matter of re-naming Prospect Street Community
Park to the City of Orange Park Planning and Development Commission. The Commission at its
meeting on May 10,2001, unanimously approved the citizens committee's recommendation that
the new park name be Grijalva Park at Santiago Creek.
The Director of Community and Library Services reported this matter was referred to the Park
Planning and Development Commission, who approved sending out letters to the community
asking for involvement on a park naming committee. Fourteen citizens responded and
unanimously recommended the name of Grijalva Park at Santiago Creek. This name was chosen
to maintain the historical significance of the area and honor Don Juan Pablo Grijalva who was
one of the first settlers in the City of Orange. The Park Planning and Development Commission
unanimously approved the citizens committee's recommendation. He thanked the Committee for
their work in developing this name and introduced members of the Committee who were in the
audience: Arlen Craig, Sue Craig and Nan Gaisbauer, as well as recognizing Eddie Grijalva.
Eddie Grijalva, address on file, thanked the Council for recognizing the first resident of Orange
with this park name.
Doug Westfall, 1125 W. Palm, spoke on the historical significance of this proposed name for the
park.
The Council spoke in support of the proposed name - Grijalva Park at Santiago Creek. It was
suggested that the correct pronunciation of Grijalva be emphasized somehow and that the first
part of the name - Grijalva Park - will probably be emphasized without the Santiago Creek
portion. The Council also suggested the use of a plaque or marker to signifY the historical
significance of this name and area.
PAGE 16
CITY COUNCIL MINUTES
May 22, 2001
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to approve the Park Planning and Development Commission's recommendation to re-
name the park Grijalva Park at Santiago Creek.
NOTE: The Council recessed at 7:10 p.m. and reconvened at 7:30 p.m.
8.
REPORTS FROM CITY MANAGER
TAPE 5680
8.1 Presentation of the Third Quarter 2000-2001 Budget Report which includes the
period July 1, 2000 through March 31, 2001. (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.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to receive and file.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 8:05 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential cases)
b. 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 - None.
PAGE 17
CITY COUNCIL MINUTES
May 22, 2001
13.
PUBLIC HEARINGS
TAPE 5860
13.1 CITY OF ORANGE 2001-02 FISCAL YEAR BUDGET AND SEVEN YEAR
CAPITAL IMPROVEMENT PROGRAM: (C2500.J.l.l)
Time set for a public hearing to consider adoption of the 2001-02 Fiscal Year City of Orange
Budget and adoption of a limitation on certain appropriations in accordance with Article XIII of
the State Constitution.
The City Manager presented a brief overview of the budget. In recent years, the City has been
addressing long term service demands by adding new programs and expanding existing programs
and services. These were in areas that the City was unable to adequately address in the past due
to the resource limitations that were incurred from the recession in the early 90's. This catch-up
has been made possible through the City's aggressive economic development programs and the
strong growth in the economy in the past few years. There has been a 31.8% increase in the
General Fund in the last five years. Numerous redevelopment projects have contributed to an
overall increase in sales tax revenue of 41.6%. In addition, property tax revenue has increased
by 23.7% over the same period. However, many economic indicators point to a slowing
economy. Therefore, the City must remain fiscally prudent in order to ensure a position to
respond to any economic downturn. This budget reflects a conservative spending plan that will
allow the City to weather a slowing economy while still maintaining a high level of service to the
residents of Orange.
The City Manager reviewed key budget highlights, including flat revenue projections, rising
expenses, the deferral of filling vacant positions, deferral of several large expenditures, enhanced
Police Dispatch operations, the completion of key park infrastructure projects, long term
planning for Library facilities, the future of the Santiago Hills II development, and the Capital
Improvement Program. He further reviewed the General Fund revenues and expenditures and
the proposed staffing changes.
With the uncertainty of the economy, and in order to avoid what the City went through in the
early 90's, the City is doing a great deal of planning while anticipating downturns and having
contingency plans in place to minimize any negative impacts and maintain service levels to the
public.
COUNCIL DISCUSSION
Councilmember Coontz stated she appreciated the City Manager's fiscal prudence, so as not to
repeat the difficult times of 1991, and spoke on the importance of quarterly budget updates. She
reported on information regarding the Governor's budget providing local agencies with $250
million in discretionary funding, and asked ifthere were any losses the City would take from any
funds that are expected from Sacramento.
The City Manager stated the budget has not been built around any anticipated revenues from the
Governor's budget. The only concern would be with a proposed reduction in vehicle license
fees, which were originally developed as a tax for local government to offset taxes which were
taken away many years ago. However, he was confident the City would be able to respond
without any significant cuts.
PAGE 18
CITY COUNCIL MINUTES
May 22, 2001
13. PUBLIC HEARINGS (Continued)
Mayor Murphy spoke on the importance of continuing to have a balanced budget with
contingencies based on uncertainties in the enviromnent. It also makes sense to identifY parts of
the budget that could be delayed if necessary. He pointed out the number of City employees per
capita population in the City, which makes the most out of taxpayer dollars based on the quality
of the people that are hired. The City continues to consolidate and fine tune the activities around
the City; and he complimented the City Manager and the entire City staff for their efforts in
doing more with less, which will ultimately make any economic change more easily manageable.
Councilmember Slater commented on the work that was done to develop a very thorough,
balanced and fiscally conservative budget; and complimented staff for their efforts in keeping
the budget in line.
TAPE #2
Councilmember Alvarez also complimented City staff for their fiscal management while still
maintaining high levels of service.
Councilmember Coontz stated the Budget summary report is a good overview of all the activities
in Orange and well worth reading for any citizen of Orange. She pointed out this budget is
actually three budgets in one - Operating, Capital Improvement Program and Redevelopment
Agency.
The City Manager thanked the City staff and all those who prepared the budget and thanked the
Council for their confidence in the employees.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
RESOLUTION NO. 9445.
A Resolution of the City Council of the City of Orange adopting said City's Budget for the
Fiscal Year 2001-02 and relating to transfers of funds between and within appropriations,
transfers between funds and additional appropriations.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt Resolution No. 9445.
RESOLUTION NO. 9446
A Resolution of the City Council of the City of Orange adopting the appropriations limit for the
Fiscal Year 2001-2002.
(This resolution establishes the Gann appropriations limit at $94,822,431).
PAGE 19
CITY COUNCIL MINUTES
May 22, 2001
13. PUBLIC HEARINGS (Continued)
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt Resolution No. 9446.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to adopt a finding that the portion of the Fiscal Year 2001-02 Budget subject to the Gann
Limit is $52,774,334 and is therefore within the limit.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved to approve the Seven Year Capital Improvement Program for the period of FY 2001-02
to FY 2007-08
THE CITY COUNCIL CONVENED TO THE REDEVELOPMENT AGENCY'S
AGENDA FOR BUDGET PUBLIC HEARING ITEM 11.1.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz
The City Council adjourned at 8:20 p.m.
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CITY CLERK
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PAGE 20