4/8/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 22, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 8, 2003
The City Council of the City of Orange, California convened on April 8, 2003 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 Father Robert Capone, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Coontz
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Mayor Murphy announced the Council will be adjourning in memory of Randy Smith,
friend of the Council and long time member of the community who was involved in
many County wide organizations. A Certificate of Memorial Adjoumment will be
forwarded to his family. Councilmembers commented on their relationships with Randy
Smith.
Proclamation honoring Arbor Day, April 26th, was presented to Doug Kokesh, Orange
Street Tree Coordinator, John Melvin, Urban Forester, California Department of Forestry
and Fire Protection, and Chayson Decisciolo, Eagle Scout Candidate, St. Paul's Lutheran
Church Troop No. 241. Orange was recognized as a Tree City USA for the 151h year.
Recognition of National Library Week, April 6-12, 2003 - presentation given by Natalie
Mallinger and Jeffrey Budner, members of the Library Foundation's Small Change Club,
highlighting their current fundraising efforts for the Taft Reading Rainbow Tile Wall and
Harry Potter 5 Book Donation Drive.
2. PUBLIC COMMENTS - None.
3.
CONSENT CALENDAR
TAPE 570
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
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April 8, 2003
3. CONSENT CALENDAR (Continued)
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 April 8, 2003 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 11 07 North Batavia, 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 March 20 and 27, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, an Adjourned Regular Meeting, March
18, 2003, Regular Meeting, March 25, 2003 and Adjourned Regular Meeting, April
1,2003.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Cooperative Agreement No. C-95-986 Amendment No. 4 between the City of
Orange and the Orange County Transportation Authority as a formal recognition
of Semi-Annual Review adjustments to the Combined Transportation Funding
Program allocations and project scheduling. (A2100.0 AGR-2397.4)
SUMMARY: Semi-annual reviews of project allocations and schedules between the City
of Orange and Orange County Transportation Authority staff result in needed
adjustments and project scheduling which accommodate project delay and accelerations.
Cooperative Agreement No. C-95-986 Amendment No. 4 formalizes the agreed upon
adjustments bi-annually as indicated in the staff report.
ACTION: Approved Cooperative Agreement No. C-95-986 Amendment No.4 and
authorized the Mayor to execute, and the City Clerk to attest, said Amendment on behalf
of the City Council.
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April 8,2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: No impact on the budget. Adjustments to projects and schedules did
not create any impact on the City of Orange budget.
3.6 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
c1aim(s) be denied.
a. Evangeline and Josephino Mogarte
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.7 Final Acceptance of Bid No. 023-09; S.P. 3390; Rehabilitation Improvements for
Hewes Street from Marmon Ave. to Chapman Ave., S.P. 3391; Rehabilitation
Improvements for Prospect Street from La Veta Ave. to Chapman Ave., and S.P.
3392; Rehabilitation Improvements for Yorba Street from Palmyra Ave. to
Chapman Ave. and authorization to file Notice of Completion with the County
Recorder (No staff report required).
SUMMARY: Bid No. 023-09; S.P. 3390; Rehabilitation Improvements for Hewes Street
from Marmon Ave. to Chapman Ave., S.P. 3391; Rehabilitation Improvements for
Prospect Street from La Veta Ave. to Chapman Ave., and S.P. 3392; Rehabilitation
Improvements for Yorba Street from Palmyra Ave. to Chapman Ave. Contractor: R.I.
Noble Company. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of American Casualty
Company of America, Connecticut, Bond No. 83 SB 103935055 BCM in the amount of
$671,458.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.8 Award of Contract - Bid No. 023-28; Project No. S.P. 3373; Grijalva Park
Improvements (Volleyball and Basketball Courts). (A2100.0 AGR-4253)
SUMMARY: The bids were opened on March 13, 2003. Eight (8) formal bids were
received for this project. The apparent low bidder is Klassic Engineering and
Construction, Inc. of Orange for $98,500.00. The Engineer's Estimate is $95,000.00.
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April 8, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract in the amount of $98,500.00 to Klassic Engineering and
Construction, Inc., 681 S. Tustin Ave., Suite 201, Orange CA 92866 for Grijalva Park
Improvements (Volleyball and Basketball Courts), and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account:
510-7021-485100-0149
Park Acquisition
$271,886.24
3.9 Award of Contract - Bid No. 023-30; CDBG Project - Tot-lot Equipment
Replacement for Eisenhower, Olive and Shaffer Parks. (A2100.0 AGR-42S4)
SUMMARY: The bids were opened on March 13,2003. Six formal bids were received
for this project and the apparent low bidder is Vido Samarzich, Inc. in the amount of
$329,850.
ACTION: 1) Appropriated transfer of $20,000 from 220-5022-427100-4909 to 220-
5022-481200-4909; 2) Appropriated transfer of $36,000 from 510-7021-481105-0087
(El Modena Park) to 510-7021-481200-0121 (Shaffer Park); 3) Approved the Award of
Bid No. 023-30 to Vido Samarzich, Inc., 4972 Crestview Place, Alta Loma, CA 91701, in
the amount of $329,850; and, 4) authorized the Mayor and City Clerk to execute the
contract on behalf of the City.
FISCAL IMP ACT: After requested fund transfers are complete, funds will be budgeted
and available in the following accounts:
Total:
$ 73, 643
$ 60,000
$ 20.000
$153,643
$ 30,000
$60.000
$90,000
$26,207
$60.000
$86,207
$ 329,850
510-7021-481200-0121 (Shaffer Park):
310-9645-481200-0121 (CDBG Shaffer Park):
220-5022-481200-4909 (Recycling Grant Funds)
Shaffer Subtotal:
511- 7021-481200-0042 (Olive Park)
310-9645-481200-0042 (CDBG Olive Park)
Olive Subtotal:
510-7021-485100-0092 (Eisenhower Park):
310-9645-485100-0092 (CDBG - Eisenhower Park):
Eisenhower Subtotal:
3.10 Award of Contract - Bid No. 023-31; CDBG Project - La Veta Park Sidewalk
Replacement. (A2100.0 AGR-42SS)
SUMMARY: It is recommended that the City Council award Bid No. 023-31 to Ranco
Corporation in the amount of $19,920 for the La Veta Park Sidewalk Replacement, and
reject all other bids. The bid opening was held on March 20, 2003. Eight formal bids
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April 8, 2003
3. CONSENT CALENDAR (Continued)
were received for this project ranging from $97,002 to $19,920. Ranco Corporation was
the apparent lowest bidder.
ACTION: Approved the Award of Bid No. 023-31 to Ranco Corporation in the amount
of $19,920; and authorized the Mayor and City Clerk to execute the contract on behalf of
the City.
FISCAL IMP ACT: Sufficient funds are budgeted in the following account:
310-9645-485100-0087 (CDBG- La Veta Park) $19,920
3.11 Authorization for Public Works Department to negotiate a contract with RBF
Consulting and for Mayor and City Clerk to execute contract in an amount not to
exceed $75,000. (A2100.0 AGR-4256)
SUMMARY: The 2002 Drainage Area Master Plan (DAMP) requires a Local
Implementation Plan (LIP) to be submitted by June 30, 2003. The elements of the LIP
are due to be completed by the County of Orange by the end of March 2003.
Recognizing the tight time frames of this schedule, the Public Works Department is
requesting the City Council to grant authority to negotiate a contract with REF
Consulting of Irvine to formulate the City's LIP and authorize the Mayor and City Clerk
to execute a contract with REF Consulting in an amount not to exceed $75,000.
ACTION: 1) Authorized the Public Works Department to negotiate a contract with REF
Consulting of Irvine, CA; and 2) Authorized the Mayor and City Clerk to execute a
contract with REF Consulting of Irvine, CA in an amount not to exceed $75,000.
FISCAL IMPACT: $75,000 is budgeted and available in Account No. 220-5022-426700
(Sanitation Fund-Consulting Services).
DONATIONS
3.12 Request to accept into the City's revenue budget and to appropriate donations from
the Friends of the Orange Public Library in the amount of $8,565.00. (C2500.I)
SUMMARY: The Friends of the Orange Public Library recently donated $8,565.00 to
enhance Orange Public Library services and materials: $3,000.00 to supplement the new
collection of DVDs at the Taft Branch Library; and an additional $5,565.00 to purchase
four computers for the El Modena Branch Library's Information Teclmology Center
(ITC). Acceptance of this revenue and its appropriation into the FY 02-03 budget are
requested.
ACTIONS:
1) Accepted into the City's revenue budget an $8,565.00 donation from the Friends of the
Orange Public Library, as follows:
. $3,000.00 -- to 100-2001-293900-9986 (Patron Donations of Materials)
. $5,565.00 -- to 100-2031-293900-9989 (El ModenalFriends Donation - PCs)
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April 8, 2003
3. CONSENT CALENDAR (Continued)
2) Appropriated the Friends' donations as follows:
. $3,000.00 -- to 100-2001-443101-9986 (Patron Donations of Materials)
. $5,565.00 -- to 100-2031-471301-9989 (El Modena/Equipment Additions/
Friends Donation-PCs)
FISCAL IMPACT: The Library's available funds for books and audiovisual materials
will increase by $3,000.00, and its available funds for new computers will increase by
$5,565.00 in FY 02-03, thanks to these donations from the Friends of the Orange Public
Library.
3.13 Donation from Orange Emblem Club No. 418 to the DARE Program. (C2500.K)
SUMMARY: The Orange Emblem Club No. 418 selected the Police Departroent's
DARE Program as a beneficiary of funds.
ACTION: Accepted the donation of $1,000 from the Orange Emblem Club No. 418,
which has been deposited in Account No. 100-4031-293900 and appropriated $1,000 to
Account No. 100-4031-449600-2305 (General Fund-Detectives-Miscellaneous
Expenditures-DARE Program).
FISCAL IMP ACT: None.
3.14 Donations to the Police Department Canine Program for veterinary services.
(C2500.K)
SUMMARY: The Orange Emblem Club No. 418 has donated $500 and the Women's
Club of Orange has donated $50, totaling $550, to the Orange Police Department Canine
Program for veterinary services.
ACTION: Accepted the donation of $500 from Orange Emblem Club No. 418 and $50
from the Women's Club of Orange, a total of $550, which has been deposited into
revenue account 100-4021-293900 (General Fund-Patrol-Donations); and appropriated
$550 to account 100-4021-442650 (General Fund-Patrol-Veterinarian Services).
FISCAL IMP ACT: None.
FINAL ACCEPTANCE
3.15 Final acceptance of the street improvements and appurtenances for Serrano Avenue
as dedicated by Tract 16129. (No staffreport required).
SUMMARY: The improvements for Serrano Avenue as dedicated by Tracts 16129
known as Serrano Heights West Side, are completed and open for public use.
ACTION: Accepted Public Improvements and authorized the release of the improvement
bond for Serrano Avenue.
FISCAL IMP ACT: None.
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3. CONSENT CALENDAR (Continued)
FUND TRANSFER
(REMOVED AND HEARD SEPARATELY)
3.16 Fund Transfer for the Gymnasium/Sports Center at Grijalva Park (C2500.M.4.20)
SUMMARY: On July 21,1995, the City and County of Orange executed an agreement
as part of the Theo Lacy Jail settlement in which the County agreed to pay the City
$500,000 for park planning and/or development purposes. Presently, the City received
approximately $200,000 from the County as partial payment for the settlement
agreement. The City identified the need to fund architectural services for the conceptual
design and related work on the Gymnasium/Sports Center at Grijalva Park II. It is
recommended that a fund transfer in the amount of $100,000 from the Prospect Street
Sports Park Fund to the Gymnasium Sports Center Capital Improvement Fund be
approved.
Discussion
Councilmember Ambriz spoke on the merits of the Gymnasium/Sports Center at Grijalva
Park, and the fundraising efforts of the Community Foundation to provide services and
facilities for the community; noting there will be a fundraising dance on May 10 to help
support these efforts. He indicated staff should advertise these events in the newspaper
and on Channel 3.
MOTION - Ambriz
SECOND - Alvarez
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Appropriated funds deposited in the Grijalva Park Fund (551) in the amount
of$100,000 to Account 551-7021-481200-1606 (Gymnasium/Sports Center)
FISCAL IMPACT There are sufficient unappropriated funds available in Fund 551 for
the requested appropriation.
PARKING ISSUES
3.17 Request for the installation of red curb markings at the northerly driveway
servicing the business complex at 966 N. Main 8t. (84000.8.3.1.1)
SUMMARY: The proponent requested the installation ofred curb markings to improve
visibility of oncoming traffic with entering or exiting this driveway.
ACTION: Approved the City Traffic Commission's recommendation to install 30 feet of
red curb markings on both sides of the subject driveway.
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3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding for this type of work is provided in the department's
operating budget utilizing Gas Tax Exchange Funds in the Contractual Services Account
No. 273-5032-427100.
3.18 Approval of NO FEE parking permits in Municipal Parking Lot J (South 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.
ACTION: Approved the request and issue the parking permits, valid July 1, 2003 thru
June 30, 2004.
FISCAL IMP ACT: Loss of $1 ,400 annual parking permit fees.
3.19 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area, (downtown area) for a special event. (S4000.S.3.1.2)
SUMMARY: Orange High School will hold their annual Open House/Orange Blossom
Festival at their campus on Thursday, May 1, 2003. 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.
FISCAL IMP ACT: None
PURCHASE
3.20 Purchase Firefighter Safety Equipment through a cooperative purchasing
agreement. (C2500.H)
SUMMARY: A request that the City Council authorize purchase of Firefighter Safety
Equipment through a cooperative purchasing agreement in the amount of$33,000.
ACTION: Authorized the purchase of Firefighter Safety Equipment from LN Curtis and
Sons in the amount of $33,000.
FISCAL IMP ACT: Sufficient funds are budgeted in the following accounts:
Account No. 100-3021-446500 (Fire Hose Nozzles and Equipment) $13,500
Account No. 100-3021-449400 (Safety Equipment) $18,000
Account No. 100-3012-449400 (Safety Equipment) $ 1.500
Total $33,000
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9703 (C2300.H)
A Resolution of the City Council of the City of Orange authorizing an application to the
Orange County Transportation Authority for Transportation Enhancement Activities
Funds under the Transportation Equity Act for the 21s! Century for the Santiago Creek
Bike Trail Bridge Project.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.22 RESOLUTION NO. 9719 (A4000.0 APP-489-02)
TAPE 650
A Resolution of the City Council of the City of Orange denying Appeal No. 489-02 and
approving revised Mitigated Negative Declaration No. 1692-02 and Conditional Use
Permit No. 2410-02 to allow the expansion of the St. Paul's Lutheran School campus
located at 901 East Heim Avenue. The property is zoned single-family residential (R 1- 7)
and designated public facilities-school (PF-S) on the General Plan Land Use Map.
Appellants: Regis and Leslie Fauquet and Cutberto and Susan Carbahal
Discussion
Councilmember Coontz asked for clarification on Condition No. 30 in the Resolution,
noting the confusion caused by the word adjoining, and suggested it be changed to the
word adjacent.
Councilmember Alvarez asked about the condition to require a block wall along the west
property line.
The Community Development Director stated it would be ideal to have a continuous
block wall, but there are already a variety of existing neighborhood fences. The existing
fences are to be replaced at the applicant's expense unless written documentation from an
adjacent neighbor is provided to the Community Development Director indicating that
the neighbor has declined the wall.
MOTION - Coontz
SECOND - Murphy
AYES - Alvarez, Mayor Murphy, Coontz
NOES - Ambriz, Cavecche
ACTION: Moved to approve Resolution No. 9719, with the modification to Condition
No. 30 to change the word adjoining to adjacent.
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CITY COUNCIL MINUTES
April 8, 2003
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9720 (T4000.0 TTM 16454)
A Resolution of the City Council of the City of Orange approving Tentative Tract Map
16454 to allow the subdivision of 16.60 acres of land for a 121 dwelling unit
development on property located at the northwest corner of Serrano A venue and Kendra
Drive (Serrano Heights Specific Plan - Planning Area 9-A).
Applicant: Centex Homes
ACTION: Approved.
3.24 RESOLUTION NO. 9721 (T4000.0 TTM 16454)
A Resolution of the City Council of the City of Orange approving Administrative
Adjustment 38-03 to allow a 20% reduction in side yard setbacks for a portion of
residential structures within a 121 dwelling unit development on 16.60 acres of land
located at the northwest corner of Serrano Avenue and Kendra Drive (Serrano Heights
Specific Plan - Planning Area 9-A).
Applicant: Centex Homes
ACTION: Approved.
SPECIAL EVENTS
3.25 A proposal to use the Police Traffic Van in the Baker to Vegas Relay Race.
(C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. It began as a competition between the Los Angeles Police Department and the
Los Angeles County Sheriffs Department that has grown into an event for law
enforcement agencies nationwide. The Orange Police Department has participated in this
event for over 10 years.
ACTION: Approved use of the Police Traffic Van and gas for a follow vehicle in the
Baker to Vegas Relay Race, April 12 through 14, 2003.
FISCAL IMP ACT: None.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.16 and 3.22 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
April 8,2003
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 875
Off Agenda Item
Councilmember Coontz reported Chris Leist from Time Warner Communications is working on
a Veterans History project, sponsored by the Library of Congress, called American Folklife
Center. He will be interviewing veterans from World War I, World War II, the Korean War and
the Vietnam War; and the tapes from these interviews will be sent to the Library of Congress.
Councilmember Coontz encouraged all veterans to get involved in this project by calling Chris
Leist at 903-4175, or visiting the website at www.Loc.gov/folklife/vets/about.html
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation of David Riley from the Park Planning and Development
Commission, letter dated March 18, 2003; instruct the City Clerk to begin Maddy Act
regulations. (ORI800.0.10)
Councilmember Coontz noted the importance of filling vacancies on all the Boards, Committees
and Commissions.
Mayor Murphy asked the Council to provide him with suggestions for filling this vacancy.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept, with regrets, the resignation of David Riley from the Park Planning and
Development Commission; and instructed the City Clerk to begin Maddy Act regulations.
7.
ADMINISTRATIVE REPORTS
TAPE 930
7.1 Report from the Police Chief on equipment upgrades to 9-1-1 system and purchase
and installation of furniture to accommodate new equipment. (Continued from March 11
and March 25, 2003) (A2100.0 AGR-4237)
SUMMARY: The upgrade and enhancements that will be provided by this project is vital to the
handling of 9-1-1 calls received by the City's Public Safety Answering Points (PSAP). It will
prepare the City to address issues involved in the receipt of wireless 9-1-1 calls and allow our
dispatchers to better serve our community.
Note: Mayor Murphy reported a conflict of interest due to his employment, and stepped down
from the dais.
The Police Chief provided a brief report on the request; and introduced Barbara Barrie, Police
Communications Manager. In response to questions from Councilmember Coontz, the Police
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April 8, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Chief reported cellular 9-1-1 calls are routed through the California Highway Patrol, at offices in
Santa Ana, Westminster and South County.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Coontz, Cavecche
ABSENT - Mayor Murphy
ACTION:
1. Authorized the Mayor pro tem and City Clerk to execute Letter Agreement between City and
SBC for 9-1-1 upgrades under State of California Master Purchase Agreement DGS-0026.
2. Appropriated $70,000 to account 100-4012-471301, to be reimbursed by the State of
California 9-1-1 program, for the purchase of furniture, computers, monitors and radio upgrades
to accommodate upgrades to current 9-1-1 system.
3. Amended the FY 2002-03 Revenue Budget, Account No. 100-4012-263300, for the
anticipated state reimbursement of $70,000.
NOTE: Mayor Murphy returned to the dais.
7.2 Purchase of a SWAT/CNT Vehicle through a cooperative purchasing agreement.
(C2500.K)
SUMMARY: This is a request that the City Council authorize purchase of a SWAT/CNT (Crisis
Negotiations Team) vehicle through a cooperative purchasing agreement in the amount of
$150,188.42 from The Mattman Company. There are $120,576 of 2002 LLEBG funds available
for this purchase. The Department is requesting an additional appropriation of $40,000 in
Federal Asset Forfeiture funds and $1,010 of accrued LLEBG interest earnings to complete the
vehicle acquisition, purchase communication and computer equipment, storage cover and
building electrical connections.
The Police Chief provided a report on this request.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Appropriated $40,000 of unreserved Federal Asset Forfeiture funds to account 355-
4011-471301 and $1,010 ofLLEBG 2002 accrued interest to account 353-4011-471301-2236. 2)
Authorized the purchase of a SW AT/CNT vehicle from The Mattman Company in the amount of
$150,188.42.
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April 8, 2003
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Coontz, Cavecche
ABSTAIN - Mayor Murphy
ACTION: Authorized the expenditure of $11,397.58 to purchase cellular phones, computer
hardware and software, electrical connections to the Police Facility and a cover for storage.
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 5:42 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 124-145 and 164-180 S. Water Street, Orange, CA
Agency Negotiator: Linda Boone
Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County
Fire Authority
Under Negotiation: Price and terms of payment
b. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 2140
Dorthy Stewart, address on file, member of Keep Orange Clean, spoke in support of enforcing
existing RV codes.
Mel Vernon, address on file, member of Keep Orange Clean, submitted pictures of RVs, and
spoke in support of enforcing existing RV codes.
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13. PUBLIC HEARINGS
13.1 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
HOME INVESTMENT PARTNERSHIPS ACT PROGRAM, ANNUAL ACTION PLAN:
(A2100.0 AGR-3218.D)
Time set for a public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Program Committee for the City's FY 2003-04 CDBG
Program and HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds
are allocated annually to the City by the U.S. Department of Housing and Urban Development
(HUD) has been continued from March 25.2003. NOTE: The public hearing was not opened.
Staff Report
Mary Ellen Laster, Housing Manager, acknowledged and thanked the members of the CDBG
Committee - Victoria James, Rick Ledesma, Bea Vega and Mary Ellen Manning. She reported
the CDBG funds are used to address the needs of low and moderate income families in the
community through public facility and improvement projects and public services through
nonprofit agencies; and HOME funds are used for the acquisition, rehabilitation and
development of affordable housing.
Council Ouestions
Councilmember Coontz asked for clarification on the process involved in the CDBG funding.
The Housing Manager explained the application process consists of advertising the availability
of funds to the public. This is currently done through the Orange City News, but at the request
of Councilmember Ambriz, this will be expanded next year to include Channel 3. Notices are
also mailed out to approximately 42 nonprofit agencies to let them know funding is available. A
technical assistance meeting is held to provide assistance to the nonprofit agencies on the
application process. The CDBG Committee then reviews the applications, looking for
consistency, accuracy of the application and a demonstrated ability of the agency to carry out the
program; and the Committee then hears proposals from each agency. Based on these criteria,
decisions are made whether funding should be made available to each nonprofit agency.
Councilmember Ambriz thanked Ms. Laster who has done a very thorough job in reviewing the
information and in answering his questions.
Mayor pro tem Cavecche asked if the City is required to support a fair housing organization, as
the Fair Housing Council seems to get a great deal of money each year.
The Housing Manager confirmed that as a requirement to receive CDBG funds, the City is
required to have a fair housing component.
Councilmember Alvarez noted the application process has evolved into a real user friendly
program.
PAGE 14
CITY COUNCIL MINUTES
April 8,2003
13. PUBLIC HEARINGS (Continued)
MAYOR MURPHY OPENED THE PUBLIC HEARING
Kathy Leichtfuss, Assistance League, thanked the Council for their support of the CDBG
Committee's recommendation to fund the Operation School Bell Program at the Assistance
League.
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING
FY 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING RECOMMENDATIONS
304,780
$ 304,780
304,780
$ 304,780
Ci De artments
Communi Services ( ro'ects listed in order)
El Camino Park ADA Tot Lot I rovements
Santia 0 Hills ADA Tot Lot 1m rovements
Hart Park Pool Restroom ADA Upgrades
Eisenhower Park Pk Lot and Sidewalk ADA Renovations - Phase II
Community Services Public Facilities Subtotal
Public Works (projects listed in priority order)
ADA Ram s Ci -wide
Glassell Street Reconstruction - Mayfair Avenue to Collins Avenue
Palm a Avenue Reconstruction - Tustin Street to 1340' east
Walnut Avenue Reconstruction - Tustin Street to Wayfield Street
Hill Street Reconstruction - Phillips Avenue to Montgomery Place
Public Works Public Facilities Subtotal
City Departments Public Facilities Subtotal
65,680 65,680
65,680 65,680
75,140 75,140
78,840 78,840
$ 285,340 $ 285,340
141,880 141,880
420,000 420,000
166,980 166,980
125,000 125,000
80,000 80,000
$ 933,860 $ 933,860
$ 1,219,200 $ 1,219,200
Non rofit A encies
Helping Our Mentally III Experience Success (H.O.M.E.S.), Inc.
Riley House Rehabilitation
Carpeting and padding replacement
7,980
7,980
PAGE 15
CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
Olive Crest Treatment Centers
Chestnut House Refurbishment
Bathroom and bedroom remodelimz, and floorin2 and roof replacement 33,000 10,000
Rebuilding Together Orange County
Year 2003.2004 Rebuilding Project
Repairs/modifications to low income homeowner-residents'
homes 25,000 17,020
Nonprofit Agencies Public Facilities Subtotal $ 65,980 $ 35,000
-- - - - - -- - - - - - - -
PUBLIC FAnLlTlES TOTAL s 1.2S5.ISlI S 1.25~.21111
School and Killefer Parle
Parle
38,000
38,000
Police
Bike Team Pro am
City Departments Public Services Subtotal
120,000
$ 158,000
120,000
$ 158,000
Non rofit A encies
Assessment and Treatment Services Center (ATSe)
Youth Counseling Program
Ps chola ical and mental health assessment/thera
Assistance League of Orange
Operation School Bell
Purchase of school uniforms
Colette's Children's Home
Emergency/Transitional Shelter
Sober Iivin life skills classes, housin ,food and clothin
Community Serviee Programs (CSP)
Drug Court Aftercare Program
Thera eutic/educational fO ams for non-violent dru offenders
Dayle McIntosh Center, The
Families and Children Together (F ACT)
Counselin for families with disabled Qun children
Friendly Center, The
Emergency Assistance Program
Food, rent, utilit , motel, trans ortation vouchers, and rescri tion services
Hannah's House of Casa Teresa
Adoption Counseling Program
Counselin ealth education for women lacin their babies for ado tion
Hart Community Homes
Independent Life Skills Program
Counseling on housing/community resources, money management, self care, social
develo ment, and work/stud skills
Interval House Crisis Shelter
Emergency/Transitional Shelters
Food, shelter, c10thin . counselin ,education ro arns
Mariposa Women's Center
Mariposa Family Program
Counseling and life skills classes for low income women and their families
10,000 10,000
10,000 10,000
20,000 10,000
9,000 9,000
6,000 0
6,640 6,640
29,640 13,960
20,000
o
10,000
10,000
10,000
10,000
PAGE 16
CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
Orange County on Track
Keeping Kids on Track
Youth to Youth mentorin TO am for at~risk outh
Society of St. Vincent de Paul
Friends Outside Program
Job lacement and life skills counselin for ex-offenders
Women's Transitional Living Center (WTLC) Family Outreach Center
Orange Families
Thera and services to victims of domestic violence and their children
Non rofit A encies Public Services Subtotal
14,540
o
5,000
5,000
Note: Grand total consists of FY 2003.04 entitlement in the amount of $1 ,642,000 and rebudgeted prior year CDBG
funds in the amount of$187,200
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOUR YEAR FUNDING ALLOCATION HISTORY
1999-00 I 2000-01 2001-02 2002-03 TOTAL
CITY DEPARTMENTS ...... ...... ...
Community and Librarv Services
ADA Improvements.City FacilitieslMain 31,300 103,300 0 0 134,600
Librarv/Taft Branch Library
ADA Tot Lot Imnrovements 85,000 0 171,000 200,000 456,000
Prospect School/Killefer/El Camino Park 35,000 35,000 35,000 35,000 140,000
Community PrOQrams
Community Development
Revised 2000 HousinQ Element 1 20,000 I 01 01 0 20,000
Clean Up Assistance Pro_ram I 1O,000T 01 0 0 10,000
Economic Development
Administration and ContinQency I 150,000" 262,665 I 269,430 264,280 946,375
Police
Foot Beat/Bike Officer I 100,000 1 100,000 1 100,000 100,000 400.000
Public Works
ADA Improvements.Curbs 150,000 153,175 143,710 150,000 596,885
Street, Sewer, Storm Drain Improvements 695,100 *1.161,000 756,000 700,000 1,456,000
Waterline Renewals 0 **100,000 0 0 100,000
NON-PROFIT AGENCIES . ....... ..... .....
Assessment and Treatment Services Center 5,000 5,000 10,000 10,000 30,000
Assistance LeaQue of OranQe 5,000 5.000 10,000 6,000 26,000
Casa Teresa 10,000 10,000 10,000 25,000 55.000
Community Service Programs, Inc. 9,000 5,000 9,000 9,000 32,000
Council on AQinQ .OranQe County 5,230 0 7,000 0 16,230
DavIe McIntosh Center for the Disabled 5,000 3,000 0 5,000 13,000
Fair Housing COlillcil of Orange County 19,740 19,935 23,570 22,920 86,165
Friendlv Center, Inc. 0 0 2,500 0 2,500
Hart CommunitY Homes 4,000 16,000 0 0 20,000
H.O.M.E.S., Inc. 12,800 7,755 6,290 5,400 32,245
PAGE1?
r
CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
Homework House 2,000 5,000 0 0 10,000
Interval House 5,000 5,000 10,000 0 24,000
Laurel House 0 0 2,500 0 2,500
Lutheran Social Services 0 3,000 2,500 0 5,500
Mariposa Women's Center 5,000 5,000 5,000 10,000 25,000
Olive Crest Treatment Centers 15,000 16,000 0 13,000 44,000
Orange Children & Parents Together 4,480 11,220 0 0 24,000
Orange County Half-way House dba OCYFS 3,000 0 0 0 13,000
~building Together Orange County 5,000 12,350 30,000 15,000 62,350
ormer/v Christmas in Anrill
Second Harvest Food Bank of Orange Counlv 0 0 11,250 2,400 13,650
STOP-GAP 4,750 5,000 5,000 0 17,750
Socielv of St. Vincent de Paul Living Center 0 0 0 5,000 5,000
Turning Point Center for Families 0 5,000 0 0 8,500
Women's Transitional LiVID!! Center 0 0 0 3,000 3,000
Working Wardrobes for a New Start 0 0 0 5,000 5,000
YMCA of Orange 3,600 8,600 0 0 15,200
YWCA - Central Orange County , 10,000 0 0 0 10,000
GRAND TOTAL I 51,410,000 ' 5 2,063,000 I 51,619,750 I +51,586,000 I 56,674,750 I
. Includes reprogrammed carryover amount of$588,000
.. Includes reprogrammed carryover amount of$62,000
+ Includes reprogrammed carryover amount of $150,000
Council Action:
FY 2003-04 Community Development Block Grant (CDBG) Program
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to thank the members of the CDBG Committee for their efforts in this process; and
1. Approved the funding recommendations of the CDBG Program Committee for the City of
Orange FY 2003-04 CDBG Program.
2. Authorized staff to request and receive $1,642,000 in FY 2003-04 CDBG Funding from the
United States Department of Housing and Urban Development (HUD) and allocate $187,200 of
unbudgeted prior year CDBG funds for a total FY 2003-04 CDBG Program budget of
$1,829,200.
3. Authorized the City Manager, or his designee, to execute the FY 2003-04 CDBG Program
Grant Agreement and all related documents on behalf of the City.
4. Authorized the City Manager, or his designee, to execute Memoranda of Understanding with
City Departments, Subrecipient Agreements with nonprofit agencies, and all related FY 2003-04
CDBG Program documents.
PAGE 18
CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
5. Appropriated $198,402 to 310-9645-491300-1070 (FY 2002-03 CDBG Project
Reserves/Contingency Account).
FY 2003-04 HOME Investment Partnerships Act Program
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
1. Authorized staff to request and receive $680,223 in HOME funds from the United States
Department of Housing and Urban Development (HUD) for FY 2003-04.
2. Authorized the City Manager, or his designee, to execute the FY 2003-04 HOME Program
Grant Agreement and all related documents on behalf of the City.
3. Appropriated $173,223 of unbudgeted HOME funds for FY 2002-03 as follows:
$166,442 to 317-9660-427701-1110 (HOME Program Administration Account)
$6,781 to 317-9660-485100-1250 (HOME Developer Projects Account)
13.2 EXTENSION OF URGENCY ORDINANCE NO. 5-02, CYBERCAFES: (A21500.0
Internet)
Time set for a public hearing on petition by the City of Orange to consider adoption of Urgency
Ordinance No. 7-03, extending Urgency Ordinance No. 5-02, adopted by the City Council on
April 23, 2002 as an urgency measure prohibiting the establishment of new cybercafes has been
continued from March 25. 2003. NOTE: The public hearing was not opened.
The Community Development Director provided a brief report.
Councilmember Coontz stated the additional information provided to the Council was very
beneficial.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Jennifer Abrigo, address on file, spoke in favor of extending the moratorium, expressing concern
about the health and safety aspects of cybercafes. She had confidence in the Planning staff to
address the needs of the community in drafting a cybercafe ordinance, and confidence in the
Police Department to address the crime aspects.
Ron Bell, address on file, also spoke in favor of extending the moratorium.
THERE BEING NO FURTHER SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING
PAGE 19
CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
Councilmember Ambriz thanked staff for the additional documentation, noting the many Police
calls to the existing cybercafes, although it was nice to see that the number of police calls have
decreased.
Councilmember Coontz also thanked staff for the additional material provided to Council, stating
the cybercafe managers do have some responsibility for their businesses and should not always
rely on the Police responding to problems, which is not a good advertisement for their
businesses.
Councilmember Alvarez spoke in support of the moratorium, but expressed concern about the
establishment of a business and talking about public safety in the same discussion; and that the
nature of cybercafes automatically lends itself to restrictions.
For the record, Councilmember Alvarez stated he can not support the establishment of
cybercafes because as a City, they will be approving a business that automatically is going to
require a Police response. He could not think of another business, other than maybe a bar that
gets out of control, where the City can approve a business and know that the Police are going to
be there. He is definitely not going to support the way cybercafes are being crafted at this point.
He shared with staff that he thinks there needs to be far more restrictions than what staff is
proposing; and at this point, it is not good business for the City of Orange to have cybercafes
until it can be figured out how the City can balance the needs of the what they're trying to
address in the cybercafes and the needs of the community. He went on record as not supporting
cybercafes at all.
Councilmember Coontz noted this vote was only to extend the moratorium.
Mayor pro tem Cavecche appreciated the reports from the Police Department; which indicate
these businesses have become a congregating area for gangs; noting the many incidences that
take place at the cybercafes after they are supposed to be closed. There are definite problems
with these businesses and she looks forward to being able to review the ordinance that will be
forthcoming.
URGENCY ORDINANCE NO. 7-03
An Urgency Measure of the City Council of the City of Orange extending the interim Ordinance
prohibiting the establishment of new cybercafes.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 7-03 be read by title only and same was approved and adopted by the
preceding vote.
PAGE 20
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CITY COUNCIL MINUTES
April 8, 2003
13. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Directed Staff to complete preparation of an ordinance amendment for the purpose of defining
and regulating the establishment and location of Computer RentallInternet Access Businesses
(cybercafes ).
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 7:38 p.m., in memory of Randy Smith, to an Adjourned Regular
Meeting, Study Session, on Tuesday, April 15, 2003 at 4:30 p.m. at Chapman University,
Beckman Hall, 41h Floor, to receive a Status Report on the proposed Santiago Hills II and East
Orange Development Project by The Irvine Company.
~~.
/14 /!u;;Ir/At4X-
CASSAl'.'DRA ATHCART, CMC
CITY CLERK
PAGE 21
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