5/28/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JUNE 11,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 28, 2002
The City Council of the City of Orange, California convened on May 28,2002 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 Harry Thomas, Public Works Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Counci1member Dan Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Service Awards:
Medel Llanes - Public Works; Neil Millward - Public Works; Carol Natividad - Police;
Linda Berquist - Library; Deborah Klein - Police; Thomas Taulbee - Water (not
present); Darlene Chandler - Police; Raymond Bocanegra - Community Services (not
present),
Recognition was given to the City Manager's Office and Finance Department for
receiving the Government Finance Officers Association Distinguished Budget Award for
the FY 2001-02 Budget document. Rick Otto and Leila Hoopi accepted on behalf of the
City Manager's Office and Finance Department.
Proclamation declaring "Orange Becomes Purple" Day on May 31,2002, in support of
the American Cancer Society's Relay for Life event; was accepted by Steve Ambriz and
Marsha Zembower, Co-Chairs of the Orange Relay for Life.
Mayor Murphy announced the City Council will adjourn in memory of Rog Hornsby,
beloved husband oflong time Mayor and Connci1 Secretary, Diane Hornsby.
2.
PUBLIC COMMENTS
TAPE 600
Bob Bennyhoff, Orange Park Acres, thanked the City for starting the street repair work
on East Chapman,
PAGE 1
CITY COUNCIL MINUTES
May 28, 2002
2. PUBLIC COMMENTS (Continued)
Mary Dargartz, 2534 E, Burly, expressed concern on the amount of money being spent
for a possible dog park at Yorba Park and asked that Yorba Park be opened up to the
community with a different plan other than a dog park.
3.
CONSENT CALENDAR
TAPE 700
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 28, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, at Shaffer Park,
summarized on Time-Warner Communications and available on the City's Website
www.cityoforange.org, 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 2, 9, 2002.
ACTION:
Approved,
3.3 Request approval of City Council Minutes, Regular Meeting, May 14, 2002.
ACTION:
Approved,
3.4 Consideration to waive reading in fnll of all ordinances on the Agenda.
Approved,
3.5 Receive and file the City Treasurer's Report for the period ending April 30, 2002.
ACTION:
ACTION:
Approved,
AGREEMENTS
3.6 Agreement between the City of Orange and the Orange County Bar Foundation,
Inc. for provision of Juvenile Diversion Services. (A2100.0 AGR-3559.B)
SUMMARY: The Orange Police Department Juvenile Diversion Program is an
alternative to formal processing of juvenile offenders who have exhibited personal or
PAGE 2
._------~
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems,
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc, in the amount of $83,545; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City,
FISCAL IMPACT: There are sufficient funds budgeted for fiscal year 2002-2003 in
account number 100-4031-427800 (General Fund-Detectives-Other Contractual
Services),
3.7 Amendment to an existing professional service contract with Civic Solutions, Inc. a
private planning consulting firm, to provide current and advance planning
assignments and prepare Planning studies or reports for the Planning Division
(A2100.0 AGR-3938.1)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services, The division is currently experiencing an increase in planning
applications filed, The amendment to the contract will augment our existing staff with
the use of a professional planning consultant for the next couple of months,
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service contract with Civic Solutions, Inc, not to exceed an
additional $10,000 for a total contract for this fiscal year of $39,900,
FISCAL IMPACT: For the balance of FY 2001-02, we will utilize $10,000 currently
available in the Advance and Current Planning Divisions' budget (Account 100-6011-
426700, Other Professional and Consulting Service; and Account No, 100-6021-426700,
Other Professional and Consulting Services),
APPROPRIATIONS
3.8 Appropriation of Local Law Enforcement Block Grant (LLEBG) FY 99 Interest
Earnings. (C2500.K)
SUMMARY: The City received $167,699 in LLEBG 99 funds in September 2000 to be
utilized for the purpose of reducing crime and improving public safety, To date the
department has purchased a Laser Fische Document Imaging System; a Digital Imaging
Enhancement System for the crime lab; an 10 Card System; glue fuming chamber; CSI
vehicle storage system for the Lab; Community Orientated Policing Officer info cards;
and a firearms training simulation machine, The Department is requesting $1,715.59 of
LLEBG 99 interest earnings be appropriated to purchase miscellaneous computer
equipment.
PAGE 3
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Appropriated $1,715,59 ofLLEBG 99 interest earnings to account 353-4011-
471301-2237 (Federal Police Grants - Police Administration - Furniture, Machinery,
Equipment Additions-LLEBG 99) for additional miscellaneous computer equipment and
technology purchases,
FISCAL IMPACT: Interest earnings of $1,715,59 are available in the 99 Local Law
Enforcement Block Grant (LLEBG) Fund for this appropriation,
BIDS
TAPE 720
(REMOVED AND HEARD SEPARATELY)
3.9 Request permission to advertise Installation and Replacement of Raised Pavement
Markers, Bid No. 012-51 for competitive bids. (S4000.S.6)
SUMMARY: The installation and replacement of raised pavement markers will improve
traffic safety on city arterials and local streets by enhancing the reflectivity of existing
road striping,
Councilmember Coontz asked for clarification on the differences between this item and
Item 3.16,
The Public Works Director explained this bid is for a one time installation of raised
pavement markers and is included in the Capital Improvement Budget. Item 3,16 is an
amendment to an existing ongoing contract for annual striping and replacement of
markers and is included in the operating budget.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the specifications and authorized advertising of Bid No, 012-51.
FISCAL IMP ACT: Funds have been budgeted and are available in the Gas Tax Account:
$100,000,00 272-5032-485100-4906 Installation of Raised Pavement Markers
3.10 Final Acceptance of Bid 012-31- Installation of two Soccer Fields and Parking Lot
Lighting at Santiago Canyon College, and authorization to file Notice of Completion
with the County Recorder. (No staff report required.) (A2100.0 AGR-3950)
SUMMARY: Bid 012-31; installation of soccer fields and parking lot lighting at
Santiago Canyon College, A Joint Use Project by and between the Rancho Santiago
Community College District and the City of Orange, Contractor: RMF Contracting, Inc,
dba R & M Electrical Contracting, Staff recommends acceptance of improvements,
PAGE 4
~- ~OU'-~T
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvement, authorized release of American
Motorists Insurance Company Bond No, 3SM04551200, in the amount of $32,950, and
authorized the Mayor and City Clerk to execute the Notice of Completion,
FISCAL IMPACT: None,
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
C1aim(s) for damages:
a, Mariana Anderson
b, Gladys Yolanda Cortez
c, Thomas E, Watson
d. 21 st Century Insurance, subrogee of Kathryn & Thomas Watson
ACTION: Denied C1aim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract - Bid No. 012-43 Belmont Park (SP 3365) and El Modena Park
(SP 3393) Upgrades. (A2100.0 AGR-4004)
SUMMARY: The award of the construction contract will provide for the park upgrades
on Belmont Park and E1 Modena Park. The park upgrades include tot lot, play
equipment, modification of park lighting, drainage, irrigation, planting, and
miscellaneous concrete, The two proj ects are being combined into one construction
contract because of similar work, economies of scale, and ease of construction
coordination,
The bid opening was held on May 2, 2002, Seven (7) formal bids were received ranging
from $305,290 to $337,860, The apparent low bidder is TK Engineering Company of
Los Angeles,
ACTION: I)Awarded a construction contract in the amount of $305,290 to TK
Engineering Company, 3345 Wilshire Boulevard, Suite 603, Los Angeles, CA 90010,
and authorized the Mayor and City Clerk to execute on behalf of the City, 2) Authorize a
fund transfer in the amount of $45,000 from account no, 510-7021-485100-0750
(Belmont Park) to account no, 510-7021-481105-0087 (E1 Modena Park) to cover
construction fund shortfall including contingencies and construction engineering,
FISCAL IMPACT: Upon
following accounts:
Belmont Park Upgrades
310-9645-485100-0750
510-7021-485100-0750
approval of the transfer, funds will be available III the
Total Funds
$ 50,000
$ 314.771
$ 364,771
Community Dev, Block Grant (CDBG)
Belmont Park Upgrades
PAGE 5
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
E1 Modena Park Upgrades
310-9645-485100-0087
510-7021-481105-0087
Total Funds
$ 51,000
$ 46.590
$ 97,590
Community Dev, Block Grant (CDBG)
El Modena Park Upgrades
3.13 Award of Contract - Bid No. 012-41; SP-3397; Bridge Replacement Project at
Eisenhower Park. (A2100.0 AGR-4005)
SUMMARY: The Bridge Replacement project at Eisenhower Park entails the removal of
three existing vehicular drive bridges and one pedestrian bridge and the construction of
three new steel and concrete vehicular drive bridges, and one steel and concrete
pedestrian bridge,
ACTION: 1) Appropriated $18,000 from Fund 511 unappropriated reserves to account
511-7021-485100-0092, 2) Award a contract in the amount of $148,300,00 to DRP
Construction Company, 1093 Crest Drive, Encinitas, CA 92024 and authorized the
Mayor and City Clerk to execute on behalf of the City,
FISCAL IMPACT: Funds are available in the following accounts:
510-7021-485100-0092 $173,900 Eisenhower Park Improvements
511-7021-485100-0092 $ 18,000 Eisenhower Park Improvements
3.14 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Bridge Replacement Project at Eisenhower Park.
(A2100.0 AGR-4006)
SUMMARY: This agreement authorizes the consultant to provide special inspections
and material testing for the Bridge Replacement Proj ect at Eisenhower Park.
ACTION: Approved agreement with Twining Laboratories of Southern California, Inc"
in the amount of $7,000 and authorized the Mayor and the City Clerk to execute on
behalf of the City,
FISCAL IMPACT: Funds are available in the following account:
510-7021-485100-0092 $173,900 Park Improvements
3.15 Award of Contract for Professional Services Agreement for Quality Control
Inspections for the Bridge Replacement Project at Eisenhower Park Bid No. 012-41,
SP 3397. (A2100.0 AGR-4007)
SUMMARY: This agreement authorizes the consultant to provide quality control
inspection services for the Bridge Replacement Project at Eisenhower Park to ensure that
construction is proceeding according to plans and specifications,
ACTION: Approved agreement with Construction Testing and Engineering, Inc, in the
amount of $20,100 and authorized the Mayor and City Clerk to execute on behalf of the
City,
PAGE 6
T
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are available in the following account:
510-7021-485100-0092 $173,900 Eisenhower Park Improvements
(REMOVED AND HEARD SEPARATELY)
3.16 Amendment No.1 to Contract AGR-2436 installation of traffic striping, pavement
markings and raised pavement markers at various locations within the City of
Orange, Bid No. 012-02. (A2100.0 AGR-2436.B.1)
SUMMARY: Paving Contractors, Inc, was awarded a contract, on a competitive basis,
for traffic striping for the City in October 2001. The contract allows for annual renewals
for up to two (2) years based on mutual agreement. It is proposed to renew the contract
for FY 2002-2003 in an amount not to exceed $100,000,00
(See Item 3,9 for discussion)
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Amendment No, 1 to Contract AGR-2436 in an amount not to
exceed $100,000 for installation of traffic striping, pavement markings and raised
pavement markers at various locations within the City of Orange, and authorized the
Mayor and City Clerk to execute the amendment on behalf of the City,
FISCAL IMP ACT: Funds in the amount of $1 00,000 for this contract were appropriated
for the 2002/03 fiscal year and are available utilizing Gas Tax Exchange Funds in the
Contractual Services Account No, 273-5032-427100,
PERMIT PARKING
3.17 Approval of NO FEE parking permits in Municipal Parking Lot J (S. Orange
Street) for the Assistance League of Orange (10), and First United Methodist
Church (2). (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange and First United Methodist Church are
requesting issuance of NO FEE parking permits to accommodate their charitable medical
and community activities, This request is reviewed annually by the City Council.
Note: Mayor pro tern Alvarez abstained on this item due to a property interest within 500
feet.
ACTION: Approved
FISCAL IMPACT: Loss of$I,440 annual parking permit fees,
PAGE 7
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
QUITCLAIM DEED
3.18 Quitclaim a portion of West Chapman Avenue near the 5 Freeway. (D4000.0)
SUMMARY: Quitclaim 9,113 square feet from the south side of West Chapman Avenue
near the 5 Freeway,
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to the State
of California for approximately 9,113 square feet of land once used as street right-of-
way,
FISCAL IMPACT: There will be no fee since this is part of the realignment of West
Chapman in connection with the 5 Freeway improvements,
RESOLUTIONS
3.19 RESOLUTION NO. 9609 (85000.0)
A Resolution of the City Council of the City of Orange authorizing submission to the
California Department of Transportation of a Bicycle Transportation Account Grant for
the Santiago Creek Bike Trail.
ACTION: Approved,
3.20 RESOLUTION NO. 9610 (S4000.S.4)
A Resolution of the City Council of the City of Orange for special event street closure for
the Cure Autism Now Foundation bicycle race in the City of Orange on Sunday, June 23,
2002,
Portions of Chapman Avenue, Jamboree Road, Newport Boulevard and Santiago Canyon
Road - around Santiago Canyon College campus,
ACTION: Approved,
3.21 RESOLUTION NO. 9617 (C2500.E)
A Resolution of the City Council of the City of Orange approving a charter for the
Internal Audit Division,
ACTION: Approved
PAGE 8
--_._~-".-.._-_..."'_._-_._.-
-~ ~- ~ m_n. T' ~~-
CITY COUNCIL MINUTES
May 28, 2002
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.22 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area, (downtown area) for a special event. (S4000.S.4)
SUMMARY: Orange High School will hold their annual Baccalaureate and Graduation
Ceremony at their campus on Sunday, June 9, 2002 and Friday, June 14, 2002,
respectively, Due to anticipated attendance it may be necessary to park in the
surrounding residential neighborhood, which restricts on-street parking except by Permit.
ACTION: Approved the request of Orange High School and suspend the permit parking
restrictions on Sunday, June 9, 2002 and Friday, June 14, 2002, for their annual
Baccalaureate and Graduation Ceremonies,
FISCAL IMPACT: None
MOTION - Alvarez
SECOND - Slater
A YES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor pro tern Alvarez abstained on Item 3,17 due to property interest within 500 feet.
Items 3,9 and 3,16 were removed and heard separately, The remaining items on the
Consent Calendar were approved as recommended,
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 800
5.1 Report from Mayor pro tern Alvarez on the Orange County Sanitation District
301(h) waiver. (OC 1300.G.5)
Mayor pro tern Alvarez reported on the Orange County Sanitation District waiver study which
has provided no real answers to the problems in the ocean, He explained the current 301(h)
waiver allows the District to clean sewage only to a certain level. This waiver is coming due and
all cities involved with the Sanitation District will have to take a position on whether to continue
the waiver,
Mayor Murphy explained half of the sewage receives full treatment and half receives only a
primary treatment. The proposed Resolution will require that all sewage receive full secondary
treatment.
PAGE 9
CITY COUNCIL MINUTES
May 28, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz stated this is a very thorough Resolution, but was concerned on how
much clout it will have as she has heard this issue may go to the voters as an initiative, She
stated the ocean has become a world wide dump and the water quality is important to the state
and the nation as well as all of Orange County,
Public Comments
The following people spoke in favor of adopting the proposed Resolution:
. Larry Porter, Newport Beach
. Irwin Haydock, 11570 Aqua Marine Circle, Fountain Valley
. Christopher Koontz, 10252 Lolita, Orange
RESOLUTION NO. 9618
A Resolution of the City Council of the City of Orange Encouraging the Orange County
Sanitation District to Provide Full Secondary Treatment of Sewage Effluent.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved
TAPE 1230
5.2 Councilmember Cavecche - Report from Vector Control District on possible
reduction of state funding for red imported fire ant eradication.
Councilmember Cavecche reported Orange currently has one active fire ant site, but ant activity
is increasing, The Fire Ant Awareness campaign is starting, running from June 1st to September
30th; and a proclamation on this subject will be coming before the Council at the next Council
meeting, She reported the County has been active in eradication efforts; however, with the
proposed State budget cuts, counties and cities may have to look for additional funding for this
effort, She noted there have even been threats of using vectors in terrorist efforts,
Mayor pro tern Alvarez suggested sending a letter of support to the State legislators requesting
that funding continue for this effort at the State level, as this could be a potential problem with
the number of parks in Orange,
Councilmember Cavecche stated the City can send a copy of the upcoming proclamation along
with a letter.
PAGE 10
CITY COUNCIL MINUTES
May 28, 2002
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1385
6.1 Annual report from Audit Committee Chairman (ORI800.0.27.17)
David Sundstrom, Audit Committee Chairman, summarized the Annual Report,
The Council thanked and complimented Mr. Sundstrom and the Committee for their work.
Mayor pro tern Alvarez asked about an item on the Audit Report on Waste Management contract
compliance, He noted part of the Waste Management site, recycle station, is being abandoned
and asked if this was in compliance with their contract.
The City Manager stated a report on this matter will be provided at the next Council meeting,
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed the report,
7.
ADMINISTRATIVE REPORTS
TAPE 1580
7.1 Report from the Community and Library Services Director on the Santiago School
Use Agreement. (A2100.0 AGR-4008)
SUMMARY: The proposed agreement will result in improvements to soccer and baseball fields
at Santiago Middle School paid exclusively from private donations, The City will not
participate in the costs of the improvements or the maintenance thereof. The City's role will be
simply to schedule activities at the fields when not being used by the Orange Unified School
District and to administer the maintenance contract which will be paid by user groups,
Discussion
The Community and Library Services Director reported this agreement is for improvements to
soccer fields and a baseball field at Santiago Middle School which will be paid for exclusively
by private donations, The City will not participate, nor be responsible for, any of the
improvements or ongoing maintenance, The Irvine Company has proposed contributing
$100,000 to this project and will be paid to the Community Foundation Inc, which will serve as a
conduit for this project. Stu Livingstone, a local resident and businessman, will coordinate all
the improvements for this project.
Mayor pro tern Alvarez asked about the maintenance of the facilities as outlined in the proposed
agreement, as the wording in the agreement seems to imply that the City will pay for a share of
the maintenance costs,
PAGE 11
CITY COUNCIL MINUTES
May 28, 2002
7. ADMINISTRATIVE REPORTS (Continued)
The City Attorney explained the parties involved - the School District, the outside user groups
and the City, have not been able to formulate a maintenance agreement in the short time,
However, all parties understand that the City's maintenance responsibilities will only extend to
the extent we receive private money and no city funds will be used for maintenance, The
maintenance agreement will be approved by the City Manager at a later date, but if any City
funds were proposed, a contract would have to come back to the Council for approval.
Stu Livingstone, 515 E, Maple, stated it is their intent to use the benefits of City contracts but
there is no intention of the City paying for any maintenance or construction costs,
Mark Burkhardt, address on file, asked if the neighborhood surrounding Santiago Middle School
had been notified about these improvements and expressed concern about potential traffic
problems,
Mayor Murphy indicated a community meeting had been held, as well as mailings to the
surrounding neighborhood,
Mr. Livingstone noted there should not be an increased traffic problem as there will be no more
additional children playing at the school, just better facilities,
Counci1member Coontz noted the School District owns additiona11and in that area which could
be used for parking,
Counci1member Cavecche stated what is being approved today is a joint use agreement for the
fields when they are done, and the Community Services Foundation is a conduit for this money,
It is a completely separate entity in this City, with Mr, Wann as the Executive Director. This is
not the City of Orange that is taking this money and picking contractors, It is the Community
Services Foundation, Who is going to be building it and who is accounting for the money is out
of the City's hands, This is a statement that needs to be made, What the City Council is
approving today is just the joint use agreement and the City of Orange has no responsibility for
the contractors or how the money is spent. This is what the Foundation was set up to do, This is
really the first big project of this type, and it may take everyone back a little and make people
uncomfortable because the City does not have control over it. This will be great and she hoped
they could move on to the next school after this,
Mayor pro tern Alvarez asked that Counci1member Cavecche's comments be made part of the
record, The Foundation was established for opportunities like this and he thanked them for
thinking outside the box, He asked that a copy of the maintenance agreement be provided to the
Council.
Mayor Murphy thanked Mr, Livingstone and Jennifer Leeman, Santiago Middle School
Principal, for their efforts in this project.
PAGE 12
CITY COUNCIL MINUTES
May 28, 2002
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approve Santiago School Use Agreement and authorize the Mayor and the City Clerk
to execute on behalf of the City; recognizing it is a joint use agreement and noting that the
Community Foundation is the methodology in which the contracts will be managed, funded and
seen to fruition,
FISCAL IMPACT: None,
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION
TAPE 2580
The City Council recessed at 5:55 p,m, to a Closed Session for the following purposes:
a, Conference with Labor Negotiator pursuant to Government Code Section 54957,6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations: Orange Maintenance & Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
(OMEA), Water Department Employees Association (WDEA)
b, To consider and take possible action upon such other matters as are orally armounced 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
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
TAPE 2600
Mayor Murphy acknowledged Boy Scout Troop 1042 in the audience from the Latter Day Saints
Church in Orange; and introduced Troop member Shane Meisenbach,
The Miss Orange Pageant will be held September 7th at Chapman University, Seven of the
fourteen contestants were introduced - Crystal Summers, Danielle Kincebach, Hope Montano,
Katherine Vogt, Kristen Zimmer, Kristen Morrow, Briarma Keller.
PAGE 13
CITY COUNCIL MINUTES
May 28, 2002
12. PUBLIC COMMENTS
Eddie Marquez, introduced himself as the new Regional Public Affairs Manager with the Edison
Company,
Sandy Norell, 3319 E. Chardonnay Lane, spoke in support of a dog park at Yorba Park,
Arlen Craig, address on file, thanked the Council for the Resolution in opposition to the Orange
County Sanitation District waiver; and spoke on trails, parks and open space issues, asking for a
dollar commitment for these issues,
13.
PUBLIC HEARINGS
TAPE 3020
13.1 CITY OF ORANGE 2002-03 FISCAL YEAR BUDGET AND SEVEN YEAR
CAPITAL IMPROVEMENT PROGRAM: (C2500.J.l.l)
Time set for a public hearing to consider the adoption of the 2002-03 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 stated this has been a very challenging economic time at all government
levels, The events of September 11th have had an impact that has hurt local governments as it
has throughout the United States, Added to those impacts are the projections for the State
economy, which is currently projected to be a deficit of $25 billion, The City has yet to see the
full effects of this State deficit since the State will not approve their budget for a few more
months,
He reported that in order to finish the current year in a strong position and to provide a balance to
the coming year's budget, he asked each department to implement an administrative savings plan
for this current fiscal year which required each department to curtail non critical spending and
save money for the coming year. The budget is already tight and this was not an easy task. In
addition, a program savings plan has been directed for next year's budget. This program savings
plan is based upon historically projected year end savings that will require each department to
carefully review and contain all expenditures throughout the year, including the filling of vacant
positions, These measures, along with some one-time budgeting strategies, will allow the City to
present a balanced budget. The next fiscal year will be challenging, but with the measures taken,
added with the fiscally conservative policies of the City Council, the City will continue to
provide a quality public service level that the residents and businesses of Orange have come to
enJoy,
The Assistant City Manager provided a presentation of the Operating Budget and Capital
Improvement Budget, noting the public input process has included three Study Sessions prior to
this Budget hearing, Highlights of the Budget include a Balanced Budget of $63,8 million,
decreasing revenue projections and a review of expenditure changes - which include deferring
vacant positions, splitting Library Services into its own department, the annexation of County
islands, the General Plan update and reviewing information technology,
PAGE 14
-..-,....-
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
He reported the total projected revenues for FY 2002-03 are $133,494,723, a 3% decrease over
FY 2001-02, General Fund expenditures are $63,848,940, a 5,14% decrease from FY 2001-02,
He reviewed proposed staffing changes, noting that Orange has one of the lowest ratios of full
time employees per population in the State,
Council Ouestions
Councilmember Coontz asked where the public can view the slides and budget document.
It was noted the Budget document is available at the City Clerk's Office, the Library and is
posted on the website, The City is also putting together a Budget in Brief which will be
available soon,
Mayor pro tern Alvarez asked about the uncertainty of the State budget and the City's
contingency plans,
The City Manager stated that cautious optimism has been his policy for several years and this
will continue on an ongoing basis, He has recommended not funding certain internal costs,
while still maintaining a 25% reserve policy, He will continue to monitor the State budget and
will keep the Council informed,
Counci1member Coontz stated the three study sessions were very helpful. During one of those
sessions, she spoke to many Old Towne issues, and asked for an explanation of a work plan item
in the Community Development budget, which is to craft a comprehensive guide for Old Towne
projects, Providing information on the Old Towne process has been one of her continuing goals,
She also stressed the importance of the permit process and education on Old Towne issues in all
aspects along the development process,
The Community Development Director explained the comprehensive guide is in response to
concerns about Old Towne, which will explain the various regulations and chart a process for
residents, She will also be providing Council with an updated matrix of a number of things staff
is doing to address concerns within Old Towne, not just for the residents but also to help educate
staff,
Counci1member Coontz stated there have been many questions about Santiago Creek, the Master
Plan of Recreational Trails and the proposed dog park at Yorba Park, These concerns need to be
addressed and citizens are entitled to have these questions answered,
The City Manager pointed out that there will be a joint session on June 6th with the Park
Planning and Development Commission to prioritize park projects; noting that only approved
projects are included in the budget. Yorba Park is not part of the funded projects for the next
fiscal year, but the Council has a list of projects and will hear recommendations on how to spend
future grant dollars, He also stated there will be a report coming to the Council in the future on
the Master Plan of Recreational Trails,
PAGE 15
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director reviewed the status of the various segments of the
proposed Santiago Creek trails, noting they will be looking at the trails as a linkage between
parks and expanding this into a park opportunity,
Counci1member Cavecche asked about the Graffiti Removal program and if there was adequate
funding for replacing signs with those that can be cleaned, The Public Works Director stated this
project is adequately funded,
Mayor pro tern Alvarez noted the Council had been provided with an indepth report on the
money that is set aside for approved projects, which was a good opportunity for all of them to
take a second look at what has been approved and what has been set aside, There is money set
aside and committed, but it is waiting for the projects to come to fruition.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 4220
Mary Dargatz, 2534 E, Burly, commended the Parks Commission for the job they are doing in
setting priorities with the budget they have; and spoke on the need for funds for deteriorating
infrastructure.
Mayor pro tern Alvarez pointed out that park improvements sometimes include facilities that are
not always visible, such as pool equipment.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 4410
Counci1member Cavecche stated it is important for the citizens to know that the coming year
could be difficult economically, The City had to find $2 million just to finish this current year,
and with the effects of September 11, the State budget crunch, lower revenues and interest rates
down on investments, the potential could be serious, She suggested this message could be sent
out in the Orange Progress so that the citizens of Orange are aware of the potential difficulties
ahead,
Counci1member Coontz stated the budget used to be a once-a-year event with less participation
by the Council than there is today, Now the City has three Study Sessions in addition to this
hearing and quarterly budget reviews which are all helpful.
Counci1member Slater stated this budget is mean, lean and balanced, and just what the City
needs, He thanked the City staff for their efforts,
Mayor pro tern Alvarez thanked the staff for their work and wished the public could see the work
that goes into this budget behind the scenes, He stated that despite the state budget shortfall, the
City has had projects such as Grijalva Park, County annexations, the Plaza rehabilitation and the
remodel of the Taft Library, all of which requires great money management.
PAGE 16
..-..-,.---------
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
Mayor Murphy stated this budget is balanced and provides a full level of service, and the City
should be proud of its infrastructure services such as street maintenance, water service and its
staff support, He commented on the ratio of employees to population which is a protection of
taxpayer dollars, He stated the City is financially strong, with contingencies in place, and it is
prudent business to plan for the future,
The City Manager thanked the City staff for all their work in preparing the budget.
Council Action:
TAPE 4860
RESOLUTION NO, 9608
A Resolution of the City Council of the City of Orange adopting said City's Budget for the
Fiscal Year 2002-03 and relating to transfers of funds between and within appropriations,
transfers between funds and additional appropriations,
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved,
RESOLUTION NO, 9607
A Resolution of the City Council of the City of Orange adopting the Appropriations limit for the
Fiscal Year 2002-03,
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved,
MOTION - Cavecche
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find that the portion of the FY 2002-03 budget subject to the Gann Limit 1S
$53,080,747 and therefore within the limit.
PAGE 17
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approved the Seven Year Capital Improvement Program for the period of FY 2002-03 to FY
2008-09,
The City Council convened to the Redevelopment Agency Agenda - Budget Public
Hearing, Item 11.1
The City Council recessed at 8:20 and reconvened at 8:35 p,m,
TAPE 5050
13.2 CONDITIONAL USE PERMIT 2406-02, MAJOR SITE PLAN REVIEW 218-02,
MITIGATED NEGATIVE DECLARATION 1688-02, ADMINISTRATIVE
ADJUSTMENT 9-02 - CITY OF ORANGE MAIN LIBRARY EXPANSION (C3300.0
CUP-2406-02)
Time set for public hearing to consider a proposal to expand the Main Library from 17,000
square feet to 45,000 square feet, construct approximately 3,000 square feet of related garden
space and construct/reconfigure existing parking areas for a 162 space parking lot. The proposal
includes Conditional Use Permit 2406-02 to allow a public use on property zoned C-1 (Limited
Commercial) and O-P (Office Professional) and to allow additional building height over what is
allowed by the Zoning Ordinance and Historic Preservation Design Standards for Old Towne;
Major Site Plan Review 218-02 to allow construction of a structure larger than 10,000 square
feet; Administrative Adjustment 9-02 to allow a 10 percent reduction in required parking; and
Mitigated Negative Declaration 1688-02 which evaluates the environmental impacts of the
proposed building addition, street closing and parking lot. The project is located on the north
side of Chapman Avenue between Grand and Shaffer Streets at 101 N, Center.
Note: Mitigated Negative Declaration 1688-02 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,
Note: Counci1member Slater explained he had a conflict due to a business transaction within
500 feet ofthis project, and left the dais,
The Community Development Director reviewed the applications for this project, noting there
has been a great deal of public input throughout this process, Some of the concerns that have
been addressed include the design and architecture style to make sure it was compatible with the
surrounding Old Towne area; lighting concerns which will be addressed with up1ights; the
Edwards House which will be relocated to an appropriate site within Old Towne; the closure of
Center Street, which will be addressed at a future date with a more detailed study; construction
activity which requires mitigation measures be in place; and Shaffer Street access, Mitigation
PAGE 18
--r-~-
CITY COUNCIL MINUTES
May2S, 2002
13. PUBLIC HEARINGS (Continued)
measures are proposed for Shaffer Street, which include a right turn exit only onto Shaffer, The
conceptual plan is detailed enough for the bond act application, and if approved, final details will
go back through the design process and then back to Council for final approval before awarding
any contracts,
Nora Jacobs, City Librarian, provided a background for this project, There is an opportunity to
apply for library bond act funding from the state through a match of state money equaling up to
65% of the total project budget. The budget for this project is $IS,7 million and the City is
asking for $11,2 million from the State. The grant application requires a conceptual design,
Rick D' Amato, LPA Architects, 17848 Sky Park Circle, Irvine, provided a power point
presentation on the proposed project.
Ms, Jacobs explained that two roof types - flat and hip, have been considered, The application
includes a hip roof since that is the more expensive of the two and they wanted to include more
than enough funding for the roof.
Council Ouestions
TAPE60S0
Mayor pro tern Alvarez stated he was impressed with LPA's work, that they have come a long
way since the first meeting, He was impressed with the before and after pictures and asked if
LP A would be continuing in the application process and if renderings or a power point
presentation will be provided to the State, He also asked what the competition was for this bond
money and what Orange's chances were.
Mr. D' Amato explained they will be submitting pictures to the State and can include the before
and after pictures, They will be providing only conceptual drawings so that details can always
be changed at a later date,
Ms, Jacobs estimated that the chances for funding would be greatest in the first round of
applications, Applications need to meet a certain checklist, and it may be beneficial to use
political influences in the process, Two videos are also being submitted along with the drawings,
Counci1member Coontz wanted to ensure that demographics and education needs were being
addressed in the presentation and asked that the Council be given an opportunity to see the
videos when they are completed,
Counci1member Coontz also spoke on the problems with flat roofs, The library has experienced
problems with rainstorms and having to remove books because of leaks, The Civic Center has
also had problems with leaks with a flat roof, having the roof repaired a number of times, which
is an ongoing cost. There have also been problems with leaking roofs at the Police Station and
Fire Station 7, She had talked with the architect about a copper verdigris roof, It would be half
the cost of a tile roof, would be a great addition to the building and would not leak,
PAGE 19
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
Mr. D' Amato agreed the copper roof would be a wonderful idea for the building as it would age
with the building, become better over time and would not leak,
Mayor pro tern Alvarez also commented on the benefits of a hip roof, such as gaining air space
in the second story with more vaulted space, He noted the heating and air conditioning
equipment is proposed to be inside the building and not on the roof,
Counci1member Cavecche asked about the application for funds and the concern if the costs are
more than expected, She asked for assurance that the costs have been reviewed and that
everyone is comfortable with the estimates,
Rick Otto, Economic Development Project Manager, stated every department involved has been
looking at the costs and contingencies have been built into the design,
Counci1member Coontz asked about the experience LP A has had with these types of applications
and about the political issues involved with this application and what more the City could do,
She asked if the needs of the community have been demonstrated for this application, citing
programs such as Homework House would greatly benefit from this project.
TAPENo,2
Mr. D'Amato stated LPA has a clear understanding of the application process, as they have
completed applications of this type for four other libraries,
Ms, Jacobs stated they hope to get letters from elected officials, Chapman University and
community groups to submit with this application,
Mayor Murphy suggested the Council submit ideas for people and groups, make phone calls to
individuals and write letters that could help support this effort,
Mayor pro tern Alvarez asked about the proposed closure of Center Street and how it will be
landscaped and buffered between the library activities and the residences,
Mr. D' Amato explained there will be a landscape buffer between the residences and the library,
utilizing existing oak trees and also a pedestrian access from Center to the library, It was noted
that no official action on Center Street is being taken at this time,
Mayor Murphy expressed concern about access onto Shaffer Street; and wanted to look for a
creative approach and an alternative that would not require any access onto Shaffer. He asked
that staff continue to work on this challenge to pursue an alternative and provide more analysis
on this issue,
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE2-175
PAGE 20
-,--- -
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
Letters were read into the record from:
. Old Towne Preservation Association - in support of the library expansion, but asking that a
site for the Edwards House be secured before final approval is given,
. Sherri Clemens, 146 N, Shaffer - concerned about traffic on Shaffer Street and construction
activity,
. John and Andrea McCullough, 325 N, Shaffer - concerned about Center Street closure and
the future of the Edwards House.
Speakers
. Paula So est, 143 N, Shaffer - opposed to access onto Shaffer Street
. Doug Westfall, Library Trustee, 1125 W, Palm - spoke in support of the library expansion
and the research done into the proposed historical design elements
. Phyllis Cahill, 132 N. Cleveland - spoke in support of the library expansion
. Sandy Quinn, 164 N, Shaffer - opposed to access onto Shaffer; and concerned about the
increase in traffic volumes at Chapman and Shaffer due to the expansions of the library,
Chapman University and St. John's Lutheran School
. Andrew Califf" 1440 E, Mayfair - spoke on the need for a library expansion
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2 - 880
Council Comments
Mayor pro tern Alvarez stated this is a golden opportunity and the City needs to move forward;
and would like to see an effort by the Council to create a lobbying effort at the State level to
assist in this application, He also spoke on the need to look at the Chapman and Shaffer Street
quadrants given the development from the Library, Chapman University and St. John's School.
Mayor Murphy noted that several State legislators have offered to make introductions to those
involved in this decision; and in addition to written communications, the Council needs to visit
Sacramento and develop relationships with these individuals so the decision makers can
differentiate Orange from the competition,
Counci1member Coontz expressed concern about the political aspects of this project and the need
for a plan in going to the State legislators, The Council needs to know who will be voting on this
application and how the City can best approach them,
Counci1member Cavecche agreed with the comments about Shaffer Street and the need to be
more creative in dealing with the traffic problems; and also spoke in support of the hip roof for
the building, She stated this is a logical place for an expanded library, but the next step is a new
branch in East Orange,
Mayor Murphy asked for clarification on the condition for moving the Edwards House, The
original condition stated it shall be moved "to the extent possible",
PAGE 21
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director noted the words "to the extent possible" had been
removed for the final Resolution adopted by the Planning Commission,
Council Action
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Approved Conditional Use Permit 2406-02 as outlined in Planning Commission Resolution No,
12-02; and in response to concerns raised by residents on Shaffer Street, direct staff to further
evaluate the on-site parking layout impacts and the off-site circulation impacts of the elimination
ofthe Shaffer Street access driveway and pursue an alternative that does not include an exit onto
Shaffer.
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Approved Major Site Plan Review 218-02 as outlined in Planning Commission Resolution No,
12-02,
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Approved Administrative Adjustment 9-02 as outlined in Planning Commission Resolution No,
12-02,
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Adopted Mitigated Negative Declaration No, 1688-02 and the associated Mitigation Monitoring
Program, as outlined in Planning Commission Resolution No, 12-02,
PAGE 22
CITY COUNCIL MINUTES
May 28, 2002
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO, 9619
A Resolution of the City Council of the City of Orange certifying Project Budget, Local Funding
Commitment, Supplemental Funds and Public Library Operation for Orange Public Library's
Proposed Main Library Expansion Project.
MOTION - Coontz
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
ACTION: Approved,
MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Authorized the Mayor and City Clerk to execute all necessary documents for the grant
application submittal.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Alvarez
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
The City Council adjourned at 10:00 p.m" in memory ofRog Hornsby, to an Adjourned
Regular Meeting, Joint Study Session with the Park Planning and Development
Commission, on Thursday, June 6, 2002, at 5:30 p,m, in the Weimer Room, to discuss
prioritization of park projects,
rkPA-brlftd/~
CASSANDRA J, C TART, CMC
CITYCL
~!fJ:v
MAYO
PAGE 23