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9/11/2001 - Council Minutes - CC Minutes Study Session APPROVED BY THE CITY COUNCIL ON SEPTEMBER 25,2001 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 11, 2001 The City Council of the City of Orange, California convened on September 11,2001 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 Given by Dr. Allan Stark, Orange North Rotary Club 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Murphy 1.3 ROLL CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Murphy commented on the terrorist attack on the United States, and suggested all items on the Agenda be continued. MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to continue all items on this Agenda to the September 25,2001 Council meeting. MOTION - Murphy SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 4:45 p.m. to a Study Session, September 20,2001 at 5:30 p.m. in the Council Chambers for presentations by the following groups related to the reuse of El Toro: El Toro Reuse Planning Authority (ETRP A), El Toro Local Redevelopment Authority (LRA) and the Reasonable Airport Alternative Plan. 2. PUBLIC COMMENTS - None. PAGEl CITY COUNCIL MINUTES September 11, 2001 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 September 11, 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: Accept Declaration of Agenda Posting and authorize its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated August 23 and 30, 2001. ACTION: Approve. 3.3 Request approval of City Council Minutes, Regular Meeting August 28, 2001. ACTION: Approve. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approve. 3.5 CLAIMS The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Tom Avik b. Larry Webster c. Freda Main ACTION: Deny claims for damages and refer to City Attorney and Adjuster. PAGE 2 CITY COUNCIL MINUTES September 11, 2001 3. CONSENT CALENDAR (Continued) CONTRACTS 3.6 Award of Contracts - Bid No. 012-03; (1) Project No. SP-3337, AHRP Project -Taft Avenue Rehabilitation Phase 1 from Batavia Street to Glassell Street; and (2) Project No. SP-3336, Taft Avenue Rehabilitation Phase 2 from GlasseIl Street to Tustin Street. SUMMARY: These two projects will rehabilitate Taft Avenue from Batavia Street to Glassell Street, and from Glassell Street to Tustin Street. The two projects are being combined into one construction project for economy of scale and location benefits. ACTION: 1) Appropriate funds in the amount of $287,365 from Fund 550 to account no. 550-5011-483300-3910 for construction cost of Taft Avenue Rehabilitation Phase 1 (SP-3337). 2) Award a contract in the amount of $392,071.01 to R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, CA 92865 for Taft Avenue Rehabilitation Phase 1 (SP-3337), and authorize the Mayor and City Clerk to execute on behalf of the City. 3) Award a contract in the amount of $559,702.10 to R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, CA 92865 for Taft Avenue Rehabilitation Phase 2 (SP-3336), and authorize the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement Program in the following accounts: 1) Taft Avenue Phase 1 (SP-3337) 550-5011-483300-3910 FY 01-02 934-9821-483300-3910 FY 01-02 Total 2) Taft Avenue Phase 2 (SP-3336) 500-5011-483300-3911 FY 01-02 550-5011-483300-3911 FY 01-02 910-9801-483300-3911 FY 00-01 Total $287,365 AHRP $308,918 Northwest Project Area $596,283 $392,201 $560,698 $393,825 $1,346,724 Capital Projects AHRP Tustin Project & Loan Adm 3.7 Final Contract Change Order; Bid No. 001-31; Project No. SP-3349, Improvements to the existing Orange Senior Citizens Community Center. SUMMARY: This Final Contract Change Order authorizes payment for the extra work at agreed prices. The total contract cost for this project is $186,538.00. ACTION: Approve a Contract Change Order No.1 in the amount of $8,532.00 to C.A. Granger Construction, Inc. for the extra work. FISCAL IMPACT: Funds are budgeted in the following account: 310-9645-481105- 1601 $8,532.00 (Improvements to the existing Orange Senior Citizens Community Center) TOTAL: $8,532.00 PAGE 3 CITY COUNCIL MINUTES September 11, 2001 3. CONSENT CALENDAR (Continued) FEES 3.8 Approval of Emergency Transportation Fee Increase. SUMMARY: Maximum emergency transportation (ambulance) rates for Orange are consistent with those approved by the Orange County Board of Supervisors. The Supervisors approved new rates effective July 1, 2001 and the City Council needs to take a similar action approving maximum rates for the City of Orange. ACTION: Approve the maximum rate schedule for emergency transportation (ambulance) services adopted by the Orange County Board of Supervisors that was effective July 1, 2001. FISCAL IMPACT: The transportation fee increase will result in an approximate revenue increase of$4l9,000. PURCHASE OF PROPERTY 3.9 Purchase of a 15 foot to 20 foot wide strip of land at 1520-1532 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Syed M. Safdar and Naureen H. Safdar. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 15 foot to 20 foot wide strip of land located at 1520 to 1532 W. Chapman Avenue. Purchase price is $32,390.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $32,390.00 are available in the Chapman Avenue Widening Project - Account No. 550-501l-483300-4038-(Measure M-MP AH). 3.10 Purchase of a 5 foot to 9 foot wide strip ofland at 1630 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Stuart D. Weske, Ian V. Weske and Betty E. Weske. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 5 foot to 9 foot wide strip of land located at 1630 W. Chapman Avenue. Purchase price is $23,365.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $23,365.00 are available in the Chapman Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH). PAGE 4 CITY COUNCIL MINUTES September 11,2001 3. CONSENT CALENDAR (Continued) 3.11 Purchase of a 5 foot wide strip ofIand at 1608 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Ian V. Weske and Betty E. Weske. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 5 foot wide strip of land located at 1608 W. Chapman Avenue. Purchase price is $27,885.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $27,885.00 are available in the Chapman Avenue Widening Project - Account No. 550-50ll-483300-4038-(Measure M-MP AH). 3.12 Purchase of a 15 foot wide strip of land at 1540 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Ian V. Weske and Betty E. Weske. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 15 foot wide strip of land located at 1540 W. Chapman Avenue. Purchase price is $9,965.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $9,965.00 are available in the Chapman Avenue Widening Project - Account No. 550-50ll-483300-4038-(Measure M-MPAH). 3.13 Purchase of a 9 foot wide strip ofIand at 1640 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Hassan Taheri and Maryam Farzin. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 9 foot wide strip of land located at 1640 W. Chapman Avenue. Purchase price is $14,770.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $14,770.00 are available in the Chapman Avenue Widening Project - Account No. 550-50ll-483300-4038-(Measure M-MPAH). 3.14 Purchase of a 5 foot wide strip ofIand at 1708-1724 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by 1708-1724 West Chapman, LLC. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 5 foot wide strip of land located at 1708-1724 W. Chapman Avenue. Purchase price is $80,010.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $80,010.00 are available in the Chapman Avenue Widening Project - Account No. 550-50ll-483300-4038-(Measure M-MPAH). PAGE 5 CITY COUNCIL MINUTES September 11, 2001 3. CONSENT CALENDAR (Continued) 3.15 Purchase of a 10 foot wide strip ofland at 2101 and 2133 W. Chapman Avenue. SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Hoskins Land Company. ACTION: Authorize Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 10 foot wide strip of land located at 2101 and 2133 W. Chapman Avenue. Purchase price is $50,656.00 plus any related escrow costs. FISCAL IMP ACT: Funds in the amount of $50,656.00 are available in the Chapman Avenue Widening Project - Account No. 550-501l-483300-4038-(Measure M-MPAH). RESOLUTIONS 3.16 RESOLUTION NO. 9512 A Resolution of the City Council of the City of Orange terminating the emergency action associated with the rehabilitation of Water Wells 23 & 24. Well 23 is located at 3142 E. Walnut Ave. adjacent to Santiago Creek; We1l24 is located at 2930 E. Collins Ave. next to Fire Station No.2. ACTION: Approve. 3.17 RESOLUTION NO. 9513 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL-200l-l0 adjusting lot lines of certain real property described as 388, 396, 404, 414, 422 and 438 South Estate Drive (Lots 1, 2, 3, 4, 5, 6, A, D & E of Tract Map No. 15519 in the City of Orange, County of Orange, State of California, recorded in Book 778, Pages 18 through 21, inclusive, of Miscellaneous Maps, in the Offices of the County Recorder of said County). ACTION: Approve. 3.18 RESOLUTION NO. 9514 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL-2001-11 adjusting lot lines of certain real property described as 2156 and 2160 N. Batavia Street (Parcels 1 and 2 in the City of Orange, County of Orange, State of California, as per Map filed in Book 55, Page 27 of Parcel Maps, in the Offices of the County Recorder of said County). ACTION: Approve. PAGE 6 CITY COUNCIL MINUTES September 11, 2001 3. CONSENT CALENDAR (Continued) 3.19 RESOLUTION NO. 9515 Resolution of the City Council of the City of Orange consenting to and calling for a joint public hearing on the proposed Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area. (See ORA Agenda Item No. 3.5) ACTION: Approve. 3.20 RESOLUTION NO. 9516 Resolution of the City Council of the City of Orange finding that the use of taxes allocated from the Orange Merged and Amended Redevelopment Project Area for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing outside the Orange Merged and Amended Redevelopment Project Area will be of benefit to the Orange Merged and Amended Redevelopment Project Area. (See ORA Agenda Item No. 3.6) ACTION: Approve. 3.21 RESOLUTION NO. 9517 A Resolution of the City Council of the City of Orange expressing appreciation to Irene Carney of the Community and Library Services Department and commending her for more than twenty-six years of loyal and dedicated service. ACTION: Approve. 3.22 RESOLUTION NO. 9518 A Resolution of the City Council of the City of Orange supporting the City of Anaheim's request to have Caltrans add the name Anaheim to the thirteen existing directional signs along the northbound State Route 55 Freeway from John Wayne Airport to State Route 91 Freeway. ACTION: Approve. Note: All items on the Consent Calendar were continued to the September 25, 2001 Council Meeting. END OF CONSENT CALENDAR ******** PAGE 7 CITY COUNCIL MINUTES September 11, 2001 4. REPORTS FROM MAYOR MURPHY 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Slater - Resolution supporting the preservation of Barham Ranch (continued from August 14 and 28, 2001). RESOLUTION NO. 9510 A Resolution of the City Council of the City of Orange supporting the preservation of Barham Ranch. Note: Continued to the September 25, 2001 Council Meeting. 5.2 Mayor pro tem Alvarez to report on the confidentiality of the City Council's attorney client privilege being compromised. Note: Continued to the September 25, 2001 Council Meeting. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Mayor Murphy - Planning Commission Appointment. Note: Continued to the September 25, 2001 Council Meeting. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE 9-01 (FIRST READING) An Ordinance of the City Council of the City of Orange amending Section 2.04.250 of the Orange Municipal Code setting the date when resolutions and ordinances of the City Council shall be deemed final. Note: Continued to September 25, 2001 Council Meeting. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 8 CITY COUNCIL MINUTES September 11, 2001 11. RECESS TO CLOSED SESSION The City Council did not recess to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: OCM Litigation - City of Orange, et al v. Alabama Treasury Advisory Program, et aI., Los Angeles Superior Court Case No. BC 106461 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 NOTE: Items 13.1 and 13.2 were continued to the September 25, 2001 Council meeting at 7:00p.m. 12. PUBLIC COMMENTS 13. PUBLIC HEARINGS 13.1 ZONE CHANGE NO. 1209-01, MAJOR SITE PLAN REVIEW NO. 193-01, MITIGATED NEGATIVE DECLARATION NO. 1673-01, ST. JOHN'S LUTHERAN CHURCH: Time set for a public hearing on petition by St. John's Lutheran Church to consider Zone Change 1209-01 to change from Office Professional (OP) and Duplex Residential (R2-6) to Specific Plan (SP) to accommodate a four-phase master plan for an existing church and school campus in the Old Towne Historic District. The proposed zone change would allow for a floor area ratio of .55 for the St. John's campus. Also, Major Site Plan Review No. 193-01 include: demolition of an existing office building and construction of a new two-story, 55,500 square foot building at 450 E. Chapman Avenue, demolition of an existing non-historic nursery center located at 151 S. Center Street and expansion of the adjacent historic preschool building located at 141 S. Center Street, a new master sign program and parking lot improvements. NOTE: Mitigated Negative Declaration 1673-01 has been prepared for this project in accordance with the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15070 et seq. Staff Report and Council Questions Open Public Hearing - Public Comments - Close Public Hearing Council Comments and Questions I. Adopt Mitigated Negative Declaration 1673-01 and the associated Mitigation Monitoring Program. PAGE 9 CITY COUNCIL MINUTES September 11, 2001 13. PUBLIC HEARINGS (Continued) 2. Approved Zone Change No. 1209-01 as outlined in Planning Commission Resolution No. PC-25-01. 3. Approved Major Site Plan Review 193-01 as outlined in Planning Commission Resolution No. PC-25-01. 13.2 BELMONT PARK, MITIGATED NEGATIVE DECLARATION NO. 1667-00 CITY OF ORANGE: Time set for a public hearing to consider Phase II proposed park improvements for Belmont Park. The proposed conceptual plan Phase II park improvements included one unlighted basketball court, restroom building, tot-lot, one light pole for security lighting, bike rack and parking bay to accommodate 10 additional parking spaces. The City prepared Mitigated Negative Declaration No. 1667-00 for the proposed park improvements and made the environmental document available for public review. The City has received numerous letters in opposition to any park improvement and some letters in support of the project. The Park Planning and Development Commission held a public hearing at its August 16, 2001 meeting. Further, their recommendation is being forwarded to the City Council. Belmont Park is located at the southeast corner of Via Escola Avenue and Somerset Street (4536 E. Via Escola Avenue) within the residential community of Belmont Heights in the City of Orange. Staff Report and Council Questions Open Public Hearing - Public Comments - Close Public Hearing Council Comments and Questions 1. Adopt Mitigated Negative Declaration No. 1667-00 finding that with the incorporation of mitigation measures outlined in the environmental document, the proposed project would not have a significant effect on the environment. 2. Approve the Park Planning and Development Commission's recommendation of the final site plan, excluding the basketball court, for Belmont Park, and consider the Commission's recommendation that the hours of operation at the park be modified for closure from 11 :00 p.m. to 10:00 p.m. 14. PLANNING AND ENVIRONMENT - None. PAGE 10 CITY COUNCIL MINUTES September 11,2001 15. ADJOURNMENT MOTION - Murphy SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 4:45 p.m. to a Study Session, September 20,2001 at 5:30 p.m. in the Council Chambers for presentations by the following groups related to the reuse ofEl Toro: El Toro Reuse Planning Authority (ETRPA), El Toro Local Redevelopment Authority (LRA) and the Reasonable Airport Alternative Plan. rc~~~c .fJe,.u"r CITY CLERK /}fjCc~ MARKA. MAYO PAGE 11