10/22/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 12, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 22, 2002
The City Council of the City of Orange, California convened on October 22, 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
I.1 INVOCATION
Giyen by Reyerend Ginny Erwin, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 586
1.3 ROLL CALL
PRESENT - Alyarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
a) Mayor's Recognition Certificates were presented to Ricoh Corporation, Santiago
Creek Greenway Alliance and the Equestrian Coalition for their participation in
Watershed Clean Up Day on September 21,2002.
b) A presentation was made to Friends of the Orange Public Library in appreciation for
their donations to the Taft Branch Library Renoyation, accepted by Helen Viyiano,
President.
c) A Proclamation was presented to Vicki Porter and Jamie Fingal, representing the Girl
Scout Council of Orange County, proclaiming October 17 through 20, 2002 as the 49th
National Conyention ofGir] Scouts of the USA.
d) Employee Service Awards were presented to the following employees:
Dayid Schweitzer - Police (not present); Carey Cobb - Fire (not present); Chuck Lau -
Community Development; Robert Miller - Police (not present); Dayid Alton - Police.
e) RESOLUTION NO. 9670
A Resolution of the City Council of the City of Orange expressing thanks and
appreciation to Cathy Knopf of the Finance Department for twelye years of loyal and
dedicated service.
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CITY COUNCIL MINUTES
October 22, 2002
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
Moyed to approye Resolution No. 9670.
Cathy Knopf was unable to attend the Council meeting. Resolution No. 9670 will be
presented to her at a farewell reception later that week.
f) The June 30, 2001 Government Finance Officers Association Award for Financial
Reporting Excellence was presented to the Finance Department. This is the 15th year the
City of Orange has receiyed this award.
g) Tim Paone, Community Foundation of Orange, provided a reyiew of the Foundation,
which is focusing on building a community center at Grijalya Park, utilizing both public
and priyate funds; and introduced Roger Hobbs.
Roger Hobbs, and his wife Kathy, presented a check in the amount of $500,000 to the
Community Foundation of Orange, as a pledge to match, dollar for dollar, up to $500,000
to jump start the campaign for a multi sports facility.
The Council expressed their deepest gratitude to Roger and Kathy Hobbs for their
generosity.
Michelle Turner was introduced; and presented a $1000 donation to the Orange Police
Department in appreciation for their assistance in helping her deal with the graffiti and
neighborhood problems in the Cypress Street area.
2.
PUBLIC COMMENTS
TAPE 1015
Rick Cryder, address on file, asked the Council to release the Enyironmental Impact
Report on Yorba Park so Council candidates can speak on the issue; questioned the cost
of building the dog park; and spoke on the methane gas problems at Y orba Park.
Chris Adams, 1120 N. Tustin, No. 102, reported he is trying to open an internet cafe, but
has been told by City staff he needs a Conditional Use Permit; and asked for assistance
from the City Council in getting his business opened.
Mayor Murphy directed Mr. Adams to speak with the City Attorney's Office or the
Community Deyelopment Department.
Councilmember Cayecche explained there is a moratorium on issuing Conditional Use
Permits for new internet cafes until April 2003; and City staff is currently working on
requirernents for operating conditions.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approying 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 Conncil
agenda of a regular meeting of October 22, 2002 at Orange Ciyic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batayia, Shaffer Park,
summarized on Time-Warner Communications and ayailable 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 pnblic at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated October 3, 10, 2002.
ACTION:
Approyed.
3.3 Request approval of City Council Minutes, Regular Meeting, October 8, 2002.
ACTION:
Approyed.
3.4 Consideration to waiye reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending September 30,
2002.
ACTION:
Approved.
AGREEMENTS
3.6 Proposed Cellnlar Antennas at EI Modena Park (A2100.0 AGR-4149)
SUMMARY: PCS Sprint and Cingular Wireless submitted applications to the City
requesting to locate wireless cell phone antennas at EI Modena Park. PCS Sprint
proposes to locate antennas on one of the baseball field light poles and Cingular Wireless
proposes to locate an antenna inside a new flag pole. Both companies will require ground
space for equipment that will require the size of existing restroom building to be
expanded to accommodate this equipment. The proposals include improyements to the
restroom building, financial payment for park improvements and a monthly lease fee.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Lease Agreement with Cingular Wireless; approved the Lease
Agreement with Sprint PCS; and, authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
FISCAL IMPACT: The City would receiye the following: $44,300 in restroorn and
landscape improyements; and $2,500 ($1,250 per company) in monthly lease fees. The
City will also receive $60,000 ($30,000 per company) as a signing bonus.
3.7 Approval of Consultant Seryices Agreement with Shaw Enyironmental, Inc. for
methane gas monitoring at Yorba Park. (A2IOO.O AGR-4151)
SUMMARY: The County of Orange Local Enforcement Agency (LEA) has required the
City of Orange to monitor methane gas generated from the closed Yorba Landfill located
at Yorba Park. The City conducted a Request for Proposal (RFP) process from the City
and selected Shaw Enyironmental, Inc.
ACTION: Approyed the Consultant Services Agreement with Shaw Enyironmental, Inc.
(Shaw); and, authorized Mayor and City Clerk to execute the agreement on behalf of the
City.
FISCAL IMPACT: If approyed, the Agreement will be funded in the following account:
100-7001-426700
Other Professional and Consulting Services
$41,000.00
3.8 Attorney Seryices Agreement with the Law Firm of Rutan & Tucker, LLP to
proYide legal services. (A2IOO.O AGR-3958.A)
SUMMARY: The City utilizes the law firm of Rutan & Tucker to provide legal services
in connection with the Nieupointe, et al. v. City of Orange, et at Orange County Superior
Court Case No. 01CC02712 and Case No. 02CCI0430.
MOTION - Murphy
SECOND - Cavecche
AYES - Murphy, Cayecche
ABSTAINED - Alyarez
ABSENT - Slater, Coontz
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with Rutan & Tucker, LLP for a total sum of$45,000.
FISCAL IMPACT: Sufficient funds are ayailable in Legal Services Account No. 100-
0301-426100.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
APPROPRIA nONS
3.9 Authorization to appropriate $21,500 in federal matching grant funds for the
Historic Orange Preservation Online local history project and to amend the City's
revenue budget accordingly. (C2500.I)
SUMMARY: Orange Public Library has been awarded $21,500 in federal Library
Services & Technology Act matching grant funds for a project called Historic Orange
Preservation Online (HOPO). The grant will expand Orange Public Library's Local
History website online to provide public access to information and images of the
agricultural industry in Orange, the City's inventory of the 1,237 historic homes and
businesses in the Old Towne Orange Historic District, and Eichler homes in Orange.
City Council authorization is needed to appropriate the $21,500 and to amend the revenue
budget accordingly.
ACTION: I) Amended reyenue budget to add $21,500 from Historic Orange
Preservation Online grant funds (to account #100-2011-261500-9930). 2) Appropriate d
$21,500 in Historic Orange Preservation Online grant funds as follows: $17,000 - to 100-
2011-426700-9930 (Other Prof. & Contractual Services); $4,500 - to 100-2011-410001-
9930 (Project Salaries & Benefits)
FISCAL IMPACT: The City is recelYlng $21,500 in federal Library Services &
Technology Act (LSTA) matching funds, administered by the California State Library, to
begin this project. An additional $27,500 sought from this LSTA grant source has been
promised by the California State Library after Orange Public Library proyides a detailed
workplan on how grant activities will be accomplished, and obtains State Library
approyal of that workplan. The total grant application - a $73,865 yalue requiring 1/3
local match - includes $17,865 of in-kind contributions from our Library, e.g., the
estimated value of Library staff time. Because this project is one of the Main Library's
major workplan objectiyes for FY 02-03, that staff time has been planned in existing
workloads. The $4,500 noted here for appropriation will partially offset that $17,865.
(REMOVED AND HEARD SEPARATELY)
3.10 Request to accept into the City's revenue budget and to appropriate donations from
the Friends of the Orange Public Library ($14,955.45). (C2500.I)
SUMMARY: The Friends of the Orange Public Library donated $14,955.45 toward the
recent re-opening of the Taft Branch Library: $8,000.00 to launch a new collection of
DVDs, and an additional $6,955.45 to purchase five computers for Taft's Information
Technology Center. Acceptance of this reyenue and its appropriation into the FY 02-03
budget are requested.
Note: This item was considered prior to the presentation to the Friends of the Orange
Public Library under Item 1.4.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Alyarez
AYES - Alyarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
ACTION: I) Accepted into the City's reyenue budget a $14,955.45 donation from the
Friends of the Orange Public Library, as follows: $8,000.00 - to 100-2001-293900-9986
(Patron Donations of Materials); $6,955.45 - to 100-2021-293900-9989 (TaftlFriends
Donation - PCs). 2) Appropriate the Friends' donations as follows: $8,000.00 - to 100-
2001-443101-9986 (Patron Donations of Materials); $6,955.45 - to 100-2021-471301-
9989 (Taft / Equipment Additions / Friends Donation - PCs)
FISCAL IMPACT: The Library's ayailable funds for books and audioyisual materials
will increase by $8,000.00, and its ayailable funds for new computers will increase by
$6,955.45 in FY 02-03, thanks to these donations from the Friends of the Orange Public
Library.
BIDS
3.11 Project No. D-I41; CDBG Project - Collins Ayenue Storm Drain Improyements
from Shaffer Street to Cambridge Street. Approyal of plans and specifications, and
request for authorization to adyertise for bids. (C2500.M.17)
SUMMARY: Plans and specifications haye been completed for the Collins Avenue
Storm Drain Improyements Project. The project is ready to be advertised for bids. The
estimated construction cost is $460,000.00 including contingencies (10%), and
construction engineering (5%).
ACTION: Approyed plans and specifications and authorized adyertising for bids for the
CDBG Collins Ayenue Storm Drain Improyements construction project.
FISCAL IMPACT: Funds are budgeted and are ayailable in the Capital Improyement
Program in the following account:
310-9645-483400-5333 Community Dey. Block Grant (CDBG) $ 390,000
3.12 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Chad Richter
ACTION: Denied C1aim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Mills Act Contract No. MAC-87.0-02, (Historic Property Preservation Agreements).
(A2IOO.O AGR-4152)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange Historic District. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for the
(minimum 10 year) term of this contract total $40,210. Location: 262 N. Pine Street.
ACTION: Approyed a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-87.0-02), for
the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $273 per
year.
3.14 Mills Act Contract No. MAC-88.0-02, (Historic Property Preservation Agreements).
(A2IOO.O AGR-4153)
SUMMARY: A proposal to approye Mills Act Contract for a historic, single-family
residence and guesthouse located within the Old Towne Orange Historic District.
Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the (minimum 10 year) term of this contract total $55,075. Location: 237
N. Pine Street.
ACTION: Approyed a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-88.0-02), for
the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment.
FISCAL IMPACT: The estimated property tax loss to the city is approximately $270 per
year.
3.15 Deferral of Construction for Hewes Street from Bond Ayenue to Villa Park Road and
authorization to adyertise for Hewes Street Interim Safety Improvements. (C2500.M)
SUMMARY: Public Works recommends deferral of the construction for realignment
and widening on Hewes Street from Bond Ayenue to Villa Park Road. Deferral will
provide the ability to redirect funding toward matching recently awarded street
rehabilitation grant funding for repair of Chapman Avenue. In addition, deferral will
allow the City to seek grant funding and address changes requested by area residents for
the Hewes proj ect. As an interim measure, authorization to advertise for construction of
interim safety improyements is also being requested.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION:
I) Approyed the cancellation of the Public Works contract with RJ. Noble Company for
the construction of Hewes Street from Bond Ayenue to Villa Park Road.
2) Authorized the advertisement for bids for interim safety improvements on Hewes
Street. 3) Transferred appropriation of$739,331.00 from account 272-5011-483300-3243
(Hewes St. Widening) to account 272-5011-483300-3112 (Arterial Street Maintenance).
4) Appropriated $6,301.00 from unappropriated reserves of Fund 272 (Gas Tax) to 272-
5011-483300-3112 (Arterial Street Maintenance).
FISCAL IMPACT: After the appropriation, $745,632.00 of Gas Tax 2105 funds will be
ayailable to match Grant Funding from the Orange County Transportation Authority
Arterial Highway Rehabilitation Program (AHRP) for the City's street resurfacing and
rehabilitation program.
It is estimated that interim safety improyements will cost approximately $75,000.00.
Funds are currently budgeted in the following accounts:
550-5011-483300-3243
285-5011-483300-3243
$151,690.00
$414,665.00
Reimbursed Capital Projects
TSIP Area "C"
3.16 Award of Contract - Bid 023-04; La Veta Ayenne Street Widening: Main Street to
Batayia Street, (SP 3284). (A2100.0 AGR-4154)
SUMMARY: The award of the construction contract will proyide for the widening and
street reconstruction of La Veta Avenue from Main Street to 200-feet east of Batayia
Street. The improyements include the widening of the street to three lanes in each
direction, replacement of the existing asphalt concrete driye surfacing, curb, gutter,
sidewalks, storm drain pipe and inlets, street lights, modification to the existing traffic
signals, and installation of new queen palm street trees in accordance with the Design
Standards for the Southwest Project Area.
ACTION:
1) Appropriated $882,535.00 from Fund 272, unappropriated reserves, to account No.
272-5011-483300-4039.
2) Appropriated $36,251.25 to 550-5011-483300-4039 and amend the reyenue budget to
reflect the expected receipt of $36,251.25 from Orange County Transportation Authority
in Account No. 550-5011-264900-4039.
3) Transferred $2500.00 from Account No. 262-5011-483300-3207 (Chapman Rehab-
Cambridge to Tustin) to Account No. 262-5011-483300-4039 (LaVeta AYe. Widening).
4) Transferred $72,000.00 from Account No. 262-5011-483300-3208 (Chapman Rehab-
Grand to Cambridge) to Account No. 262-5011-483300-4039 (LaVeta Aye Widening).
5) Transferred $30,000.00 from Account No. 272-5011-483300-3207 (Chapman Rehab-
Cambridge to Tustin) to Account No. 272-5011-483300-4039 (LaVeta Ave Widening).
PAGE 8
CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
6) Transferred $137,094.00 from Account No. 272-5011-483300-4004 (Glassell St.
Rehab-Maple to Walnut) to Account No. 272-5011-483300-4039 (LaVeta Ave
Widening).
7) Transferred $5,336.00 from Account No. 272-5011-483300-4037 (Tustin-Fairhayen
to COllins) to Account No. 272-5011-483300-4039 (LaVeta Aye Widening).
8) Transferred $84,099.00 from Account No. 272-5032-483100-6096 (Replacement of
Failsafe Devices) to Account No. 272-5011-483300-4039 (LaVeta Aye Widening).
9) Awarded a construction contract in the amount of $2,055,417.50 to Sequel
Construction, 13546 hnperial Hwy, Santa Fe Springs, CA 90670 and authorize the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Upon completion ofrecommended appropriation and transfers funds
shall be available in the following accounts:
550-5011-483300-4039
286-5011-483300-4039
262-5011-483300-4039
272-5011-483300-4039
$ 873,653
$ 168,193
$ 208,362
$1,154,630
Total $2,404,838
OCTA
TSIA (JPA)
Measure M Turnback
Gas Tax 2105
3.17 Award of Contract - Roof Repairs at Fire Headquarters. (A2IOO.0 AGR-4155)
SUMMARY: The roof at Fire Headquarters has three major areas of leakage as well as
several minor leaks. To stop possible extensive water damage, repairs are needed to the
entire roof. This will inyolye application of Western Colloid Fluid Applied Reinforced
Roof System per Western Colloid specifications. The system was used on the
Administration and Public Works buildings last year.
ACTION: Awarded Bid No. 023-07 in the amount of $48,749.00 from the low bidder,
Scholten Roofing Service Company, 23401 Madero, Suite C, Mission Viejo, CA 92691
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds in the amount of $77,124.00 are ayailable in account number
565-5028-485100-2511, Fire Headquarters Roof Replacement.
3.18 Award of Contract - Cleaning & Sealing Exterior Walls of Police Building. (A21000
AGR-4I56)
SUMMARY: The exterior tile walls of the Police Headquarters require cleaning and
sealing every 5 years to prevent internal damage from rainwater, and it is time to haye the
procedure done again. The City Council authorized adyertising for bids for this service
on August 27, 2002. The bid opening was held on September 26, 2002. e.B.
Construction was the apparent low bidder, but failed to proyide bid security as required in
the bid instructions. Therefore, the bid received from C.B. Construction is deemed non-
responsive.
PAGE 9
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION: 1) Rejected the bid proposal from C.B. Construction as non-responsiye; and
2) Award Bid No. 023-06 in the amount of $38,355.00 from the second low bidder, Ski
Incorporated, a California corporation, d.b.a. Bielski Window & Masomy Cleaning, 1200
Lance Driye, Anaheim, CA 92806 and authorized the Mayor and City Clerk to execute
on behalf ofthe City.
FISCAL IMPACT: Funds in the amount of $43,945.00 are ayailable in account number
725-5028-481200-9826, Police Headquarters Exterior Wall Sealing.
LOAN PROGRAMS
3.19 City of Orange Deferred Payment Loan (DPL) Program (4S02 Simmons Avenue)
(C2S00.0 G.l.l)
SUMMARY: In 1985, Velma Richardson (the homeowner), receiyed a Two Percent
DPL in the amount of $15,000 through the City's Home Improyement Program.
Additional property improvements in the amount of $18,672 are now needed. The
current DPL limit is $25,000. Staff is asking Council to approve a modified loan amount
of $33,672. The term of the loan would not be amended, remaining due and payable
upon the sale or transfer of the property.
ACTION: 1) Authorized staff to exceed the $25,000 DPL limit by $8,672, approyed the
homeowner's modified DPL loan in the amount of $33,672, and prepare all necessary
loan documents; and 2) Authorized the City Manager to execute all necessary documents
on behalf of the City.
FISCAL IMP ACT: Sufficient funds are appropriated for this purpose III Account
Number 315-9652-485701-1298 (Deferred Payment Loan Account).
PURCHASES
3.20 Acquisition of database services and books for the Orange Public Library from Gale
Group, Inc., in the amount of $66,000. (C2S00.I)
SUMMARY: Request that the City Council authorize a $66,000 purchase order with
Gale Group, Inc., for database services and books for the Orange Public Library.
ACTION: Authorized the purchase order for the acquisition of database services and
books for the Orange Public Library from Gale Group, Inc., in an amount not to exceed
$66,000.00.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
100-2001-443101-9320 - Electronic Resources - $36,000
100-2001-443101 - Books - $30.000
TOTAL $66,000
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9661 (C2500.J.1.I)
A Resolution of the City Council ofthe City of Orange amending the Master Schedule of
Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to
construction water sales.
ACTION: Approyed.
3.22 RESOLUTION NO. 9665 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
Deferred Compensation Plan in the form of the ICMA Retirement Corporation Deferred
Compensation Plan and Trust.
ACTION: Approved.
3.23 RESOLUTION NO. 9666 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
qualified retirement plan in the form of the ICMA Retirement Corporation Goyernmental
Money Purchase Plan and Trust.
ACTION: Approyed.
3.24 RESOLUTION NO. 9667 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
Deferred Compensation Plan in the form of the Nationwide Retirement Solutions, Inc.
restated and amended deferred compensation plan and trust/custodial document for public
employees.
ACTION: Approyed.
3.25 RESOLUTION NO. 9669 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a deferred
compensation plan.
ACTION: Approyed.
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CITY COUNCIL MINUTES
October 22, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Alyarez
SECOND - Cayecche
AYES - Alyarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
Item 3.1 0 was remoyed and heard separately. Mayor pro tern Alvarez abstained on Item
3.8. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY
Mayor Murphy reported this was Red Ribbon Week, in conjunction with the School District, to
raise awareness of the problems of drugs and to remain drug free.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 1260
7.1 Report from the Police Chief pertaining to the allocation of Local Law Enforcement
Block Grant (LLEBG) 2002 funds. (C2500.K)
SUMMARY: The U.S. Department of Justice has made funds ayailable under the FY 2002
LLEBG Program. Under this Program the City was allocated $108,518. This grant requires a
cash match of $12,058, for a total award of $120,576. The City's FY 2002 award date was
August 5, 2002, and it has until November 4, 2002 to request these funds for purchases of
equipment and technology related to law enforcement. The Board made a non-binding
recommendation to allocate LLEBG 2002 funds and the cash match for the purchase of two
SWAT vehicles, one for equipment and one for personnel transport.
Police Chief Romero proyided a brief report. In response to questions by Mayor pro tern
Alyarez, he reported a committee will be formed to determine what equipment is actually needed
in the yehic1es, but the Police Department already possesses much of the equipment that will
probably be used.
MOTION - Murphy
SECOND - Cayecche
AYES - Alvarez, Mayor Murphy, Cavecche
ABSENT - Slater, Coontz
ACTION: Appropriate LLEBG 2002 funds - $108,518 to account number 353-4011-471301-
2240 (Federal Police Grants-Police Administration-Equipment-LLEBG 02); Appropriate
$12,058 of Federal Asset Forfeiture funds to account number 355-4011-471301-2240 (Federal
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CITY COUNCIL MINUTES
October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Asset Forfeiture-Equipment-LLEBG 02) to satisfy the cash match requirement of the LLEBG
2002 grant; Require Staff to return to City Council with specific expenditure plan prior to
expense ofLLEBG 2002 funds.
FISCAL IMP ACT: Unreserved fund balance is available in the 2002 LLEBG Fund and Federal
Asset Forfeiture Fund.
TAPE 1400
7.2 Report from the Economic Development Director regarding Acquisitiou Grant
Agreement to Orange Housing Development Corporation for the acquisition of six parcels
on West Chapman (Citrus Community Apartments). (A2100.0 AGR-4148)
SUMMARY: The Orange Housing Deyelopment Corporation (OHDe) is in escrow to acquire
six contiguous properties on West Chapman between Lester and Citrus totaling nearly 1.5 acres.
It is the intent of OHDC to develop the site as a multi-family affordable housing project, to be
called Citrus Community Apartments. OHDC is requesting $2,242,136 in funding assistance for
property acquisition and pre-deyelopment actiyities.
(See ORA Minutes Item No. 7.1)
Rick Otto, Sr. Housing Manager, reported on the project, presenting pictures of the existing
buildings and the proposed project.
Council Ouestions
Mayor pro tem Alyarez asked about the notification process to the surrounding neighborhoods,
how staff determined that the best use of this property was residential, and if there is a time limit
for the use of these funds.
Mr. Otto explained the specifics of the project will go through the reyiew process and all public
hearings will be noticed to the surrounding neighborhood within a 300 foot radius plus any other
residents who wish to be notified. Staff will also be talking with the neighborhood about the
project. He explained this request is just for the acquisition of the property and that if the
proposed deyelopment does not go through, the property will revert back to the City. Staff
concluded that commercial or office use would not be financially yiable and that high density
residential was the best use of the property. There is a time limit for the use of Federal HOME
funds.
Councilmember Cavecche noted a rezone of the subject property would be necessary for a multi
family housing project and asked if staff is looking at the oyerall area and if the use of these
funds locks the City into a housing proj ect.
Mr. Otto explained West Chapman, from the railroad tracks to Main Street, is more residential in
nature and this type of project would be complimentary to the surrounding neighborhood. If a
non-housing project were to be deyeloped, the City would haye to reimburse the housing funds.
PAGE 13
CITY COUNCIL MINUTES
October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Public Comments
John Baker Jr., 1051 Arbor Way, stated he had been told this was to be a senior housing project,
not a low income housing project; and spoke on the impacts this type of project would haye on
the neighborhood.
Kimberly Bottomley, 1005 W. Arbor Way, spoke against this property being used for low
income housing, but suggested the City should purchase the property and deyelop it in another
way.
Jerry Mayes, 1042 W. Arbor Way, expressed concern about the impacts a low income housing
project would haye on the neighborhood.
Tony Escoval, 175 N. Citrus, spoke against low income apartments for this area, and asked for
the same consideration and improvements for West Chapman as giyen to East Chapman.
Council Comments
TAPE 2065
Councilmember Cavecche questioned whether this was an appropriate place for housing because
of its proximity to Chapman, although there is a real need for affordable family housing in
Orange. She understands the concern of the residents for putting this type of use in the area, and
suggested there needs to be a greater overview of the whole area, not just each parcel. She stated
this area of Chapman needs attention and suggested there be more emphasis put on this area.
She clarified this request is just to allocate money for the purchase of the property and it is
important for the City to get involyed in this area. It will also be easier to develop the area with
larger parcels such as this.
Mayor Murphy stated the purchase of this property is the beginning and a step forward for the
City to get inyolved, that this area could use the assistance of the City and the Redevelopment
Agency. He noted there will be many reyiews for any project that is proposed for this property.
Mayor pro tern Alyarez stated it could be an adyantage for the adjacent neighborhood if the City
were the property owner. He encouraged the neighborhood to participate in the deyelopment
process and also to contact staff with questions and suggestions; and asked staff to provide
addresses of similar projects to the neighbors. He stated he would not approve anything that
would have a negative impact on the neighborhood; but supports the City purchasing the
property.
MOTION - Alyarez
SECOND - Cavecche
AYES Alyarez., Mayor Murphy, Cavecche
ABSENT - Slater, Coontz
PAGE 14
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CITY COUNCIL MINUTES
October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Adopted Resolution No. 9668 - A Resolution of the City Council of the City of Orange
approving an Acquisition and Pre-development Grant Agreement by and among the City of
Orange, the Orange Redevelopment Agency and Orange Housing Deyelopment Corporation
regarding property located on West Chapman Ayenue between Lester Street and Citrus Street
and making certain findings.
1. Transferred $229,350 from Account No. 317-9660-485100-1210 (prior year HOME
Community Housing Deyelopment Organization [CHDO] Funds) and $533,336 from Account
No. 317-9660-485100-1250 (prior year HOME Deyeloper Funds) to Account No. 317-9660-
485802-9208 (HOME - Citrus Apartments Acquisition Grant project account) [CITY]
2. Appropriated $204,000 from HOME Developer Funds to Account No. 317-9661-485802-
9208 (HOME - Citrus Apartments Acquisition) for the project. [CITY]
3. Appropriated $119,000 from Federal Rental Rehabilitation Funds to Account No. 316-
9661-485802-9208 (Federal Rental Rehab - Citrus Apartments Acquisition) for the project.
[CITY]
4. Transferred $146,251 in Set-aside Funds from Account No. 913-9800-485701-9152
(Esplanade Apartment Project) and $75,238 in Set-aside Funds from Account No. 941-9800-
485702-9151 (Villa Modena Housing Project) to Account No. 941-9800-485802-9208 (Housing
Set-aside - Citrus Apartments Acquisition) for the project. [AGENCY]
5. Appropriated $695,261 in Housing Set-aside Funds to Account No. 941-9800-485802-
9208 (Housing Set-aside - Citrus Apartments Acquisition) for the project. [AGENCY]
6. Appropriated $239,700 in Housing Rehabilitation Loan Funds to Account No. 931-9800-
485802-9208 (Housing Rehab - Citrus Apartments Acquisition) for the project. [AGENCY]
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
The City Council recessed at 6:00 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 case)
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 ofthe matters will not be considered in Closed Session.
PAGE 15
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CITY COUNCIL MINUTES
October 22, 2002
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 2450
The following people spoke on the Cypress/Lemon/OliYe Street areas. Their concerns included
the purchase of properties by Chapman Uniyersity; displacement of homeowners; the need for a
master plan from the City and Chapman University; rumors of eminent domain; an increase in
pedestrian and yehicle traffic from the Uniyersity; and the need to maintain a single story
neighborhood.
Madeline Macias, 421 N. Cypress, submitted a map and petition containing approximately 25
names.
Vince Rodriguez, 400 N. Citrus, owner of 470 N. Lemon
Bea Vega, 486 N. 01iye
Mike Bettencourt, 455 N. Cypress
Roseanne Rodriquez, 472 N. Lernon
Gary Bissonnette, 240 E. Taft, representing his family on Lemon Street
Augie Morales, 1822 Deyon, Vista, owner of392 N. Lemon
Mayor Murphy noted the City is not inyolved in any way in any real estate transactions between
private individuals.
Mayor pro tern Alyarez suggested a meeting between the citizens, Chapman University and the
City to look at the impacts of the neighborhood; and yolunteered to take the lead in setting up
such a meeting after the holidays.
Juan Pablo Serrano Nieblas, 224 N. Oliye, a marijuana actiyist, asked for implementation of
Proposition 215 in the City of Orange which allows the compassionate use of medical marijuana.
13.
PUBLIC HEARINGS
TAPE 3245
13.1 MITIGATED NEGATIVE DECLARATION NO.
AGREEMENTS - CONSTRUCTION AND OPERATION
WELL NO. 27; 2443 N. BATAVIA (NI200.0 NEG 1691-02)
1691-02 AND JOINT
OF DOMESTIC WATER
Time set for public hearing to consider adoption of Mitigated Negatiye Declaration 1691-02
which eyaluates the potential environmental impacts of the drilling and operation of a new water
well and construction of related storm drains; and authorization to negotiate agreements for joint
participation in a regional plan to store surplus water and the design, construction and financing
of related water facility improyernents.
The Community Deyelopment Director reported this is a request for staff to begin negotiations
with yarious water agencies to enter into a regional plan to increase the ability to store water
within the basin. Enyironmental impacts were eyaluated on this project, and it was determined
that with mitigation measures, there would not be a significant impact.
PAGE 16
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CITY COUNCIL MINUTES
October 22, 2002
13. PUBLIC HEARINGS (Continued)
In response to Council questions, the Public Works Director reported this project is not part of
the groundwater replenishment system. The water that would go into the basin is water that is
being spread at the present time. In the future, if water is spread in the Kramer Basin area along
the Santa Ana River, that water would percolate into the same groundwater basins that are
accessed by this well system. But this is after it is percolated, and not directly pumped, and a
number of years away.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Richard Adair, 610 W. Fletcher, was concerned about water rates going up and also the financial
impacts this would haye on his business because it runs across his property, and would create a
financial burden ifthey haye to giye up property.
Richard Peltzer, 333 W. Fletcher, asked for a guarantee that the quality of water will stay the
same; and also asked about the Fletcher Basin.
Marty Adair, 2390 American Way, spoke on the impacts this may have to her property.
Bob Bennyhoff, Orange Park Acres, spoke in support of this well, as there is a State water crisis
and this will help the City to prepare for that.
Steve Smith, Water Manager, stated there is some confusion between this City project and a
reclamation effort that may be going on in the future at the Fletcher Basin. The City project is to
construct a new water well to replace an existing well on property the City already owns. It is
separated from the Fletcher Basin project by another parcel. The Fletcher Basin is owned by the
County Flood Control.
The Public Works Director clarified some comments made by the County on this project that
have created some confusion. There is an existing drain line that comes off the reservoir site.
The environmental document references a need to increase the size of this drain line from 12 to
18 inches. That line is for the purpose of accepting discharge from flushing actiyities during
construction of the facility or during start up of it. Also, this project is not intended to deal with
flood control or modify in any way the Fletcher Basin. There is another project that is being
discussed that would possibly involve use of the Fletcher Basin for recharge or may involve
some up sizing of that storm drain that would eliminate the need for the Fletcher Basin as a
retarding basin; and there are some issues in connection with that project with respect to
easements for the storm drain facility.
The Public Works Director clarified this project is a water supply project - to drill a well, and
upsize a drain line from 12 to 18 inches. The drain line connects into the box section of the
storm drain that is adjacent to the site and does not affect the adjacent properties in any way.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 3925
PAGE 17
I
CITY COUNCIL MINUTES
October 22, 2002
13. PUBLIC HEARINGS (Continued)
The Public Works Director reported the City does meet all water quality standards established by
all standard setting agencies; and issues an annual Consumer Confidence Report which indicates
the status of the City's water quality. With regard to recharge issues, that is within the
jurisdiction of the Orange County Water District, as they are looking for areas to improve
recharge capabilities which would allow the County to be less dependent on imported water
supplies and develop local water supplies to the maximum extent possible.
Orange County is dependent upon imported water, and 25% of the water the County utilizes at
the present time is imported water, which will probably go higher because of the depletion of the
groundwater basin. This project is intended to address that issue by allowing the storage of more
water in the groundwater basin and the ability to access it when needed.
He also reiterated there are no storm drain improvements as part of this project. The drain line
that is mentioned in the enyironmental document does not carry storm water. It is a discharge
line for the well and it is water from the well that goes into that line, not stormwater. It needs to
be upsized because there will be greater well capacity and in order to accommodate when
discharge is necessary, the pipe needs to be larger than the current 12 inch pipe.
Councilmember Cavecche confirmed the storm drain is just for flushing the well, the City is just
drilling a deeper well in the same area and the storage of water is in the current water basin and
not being put in a larger tan1e She suggested the City keep informed of what the County is doing
in the adjacent basin.
MOTION - Alyarez
SECOND - Murphy
AYES - Alyarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
Adopted Mitigated Negatiye Declaration/Mitigation Monitoring Program 1691-02 in accordance
with the California Environmental Quality Act and the City's local CEQA Guidelines.
MOTION - Alyarez
SECOND - Murphy
AYES - Alvarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
Authorized City staff to negotiate an agreement with Orange County Water District (OCWD),
Municipal Water District of Orange County (MWDOC) and Metropolitan Water District of
Southern California (MWD) for the City's participation in a regional plan to store surplus water,
the joint operation of the new water well and for the design, construction and financing of new
water facilities.
14. PLANNING AND ENVIRONMENT - None.
PAGE 18
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CITY COUNCIL MINUTES
October 22, 2002
15. ADJOURNMENT
MOTION - Cayecche
SECOND - Alvarez
AYES - Alyarez, Mayor Murphy, Cayecche
ABSENT - Slater, Coontz
The City Council adjourned at 7:50 p.m.
~""~tdt ~~~
CASSANDRA J THCART, CMC
CITY CLERK
fr1ifKf!it{v
MAYO
PAGE 19