6/10/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JUNE 24, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10,2003
The City Council of the City of Orange, California convened on June 10,2003 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 Bishop Richard Bates, Church of Jesus Christ of Latter Day Saints
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez (Councilmember Alvarez arrived at 4:39 p.m.)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation was presented to Chapman University celebrating their baseball NCAA
Division III National Championship; accepted by Dave Curry, Athletic Director and Tom
Tereschuk, Head Coach, who introduced members of the baseball team.
2. PUBLIC COMMENTS
John Whiteriver, 194 S. Pixley, representing the American Legion, announced there will
be a flag burning ceremony, in celebration of Flag Day, on Saturday, June 14th at the
American Legion Hall, 143 S. Lemon Street at 11:00 a.m.
William Mattern, 4327 E. Chapman, asked for assistance on the parking problems at his
business because of the adjacent business. The City Manager was directed to follow up
with Mr. Mattern.
3.
CONSENT CALENDAR
TAPE 420
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.
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CITY COUNCIL MINUTES
June 10, 2003
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 10, 2003 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park, 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 15, 22, 29, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meetings of May 13, 2003
(continued from May 27,2003) and May 27, 2003.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Second Amendment to Consultant Services Agreement with Sidawi & Assoc. for
professional engineering services at Serrano Pump Station. (A2100.0 AGR-3544.2)
SUMMARY: This contract amendment authorizes additional engineering and
construction services by Sidawi & Associates.
ACTION: Approved the Second Amendment to the Consultant Services Agreement for
the amount of $25,000.00, and authorized the Mayor and City Clerk to execute on behalf
ofthe City.
FISCAL IMPACT: Funding for this project is budgeted and available in the following
account: No. 601-8011-484102-8223 $25,000.00 Serrano Pump Station
3.6 Agreement for Construction of a Block Wall at Grijalva Park (A2100.0 AGR-4305)
SUMMARY: Forest City, property owners and managers of the Knolls Apartments,
located immediately south of Grijalva Park, are replacing the chain link fence with a
concrete block wall. The property owner inquired if the City would consider sharing in
the cost to construct a six foot block wall on the property line of the City and Forest City.
The total cost of the construction is $51,870 for which the City agreed to reimburse
Forest City in the amount of $20,000 for the share of the cost to construct the block wall.
ACTION: Continued to June 24, 2003.
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CITY COUNCIL MINUTES
June 10,2003
3. CONSENT CALENDAR (Continued)
3.7 First Amendment to Consultant Services Agreement with RMS Engineering &
Design, Inc. for professional engineering services for the seismic strengthening of
the Water Division Pump House building. (A2100.0 AGR-3829.1)
SUMMARY: This contract amendment is for extra services performed by RMS
Engineering & Design, Inc. for professional engineering and inspection rendered during
construction, and final structural overview and inspection along with generation of as-
built drawings required for the seismic strengthening of the Water Division Pump House
building at 189 S. Water Street.
ACTION: 1) Appropriated $15,000 from Water Capital Fund 601 Unappropriated
Reserves into Account No. 601-8041-481200-8211 Water Plant Seismic Retrofit; and 2)
Approved the First Amendment to Consultant Services Agreement with RMS
Engineering & Design, Inc. for $15,000 and authorized the Mayor and City Clerk to
execute the Amendment on behalf of the City.
FISCAL IMP ACT: After appropriation, funds will be available in the following account:
Account No. 601-8041-481200-8211 Water Plant Seismic Retrofit $15,000.00
BIDS
(REMOVED AND HEARD SEPARATELY)
3.8 Project No. SP-3286; Santiago Creek Bike Trail from City of Orange/City of Santa
Ana boundary line to Tustin Street. Approval of plans and specifications, and
request for authorization to advertise for bids. (B5000.0)
SUMMARY: Plans and specifications have been completed for the Santiago Creek Bike
Trail Project. The project is ready to be advertised for bids. The estimated construction
cost is $631,000.00 including contingencies (10%), and construction engineering (5%).
Discussion
Councilmember Alvarez asked for the exact location of the trail; if there will be any
money available to clean up the creek; who has jurisdiction on the creek at this location
and which side of the creek the trail will be installed.
Harry Thomas, Public Works Director, reported this portion of the trail runs from the
southern city boundary line to Tustin Street and connects with the portion that was built
as part of the Sycamore Crossing project. The City has jurisdiction over part of this area
and the balance is within the Orange County Flood Control District right-of-way. He
also reported the available funding is restricted in terms of types of activities and can
only be used for construction of the trail.
Gary Wann, Community Services Director, reported the decision on which side of the
creek to place the trail has not yet been determined and that clean up of the creek will
take place this summer as part of another project.
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CITY COUNCIL MINUTES
June 10,2003
3. CONSENT CALENDAR (Continued)
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Adopted Addendum to Mitigated Negative Declaration (MND) No. ENV
1671-01. 2) Appropriated funds for the Transportation Enhancement Activities Program
as follows: 550-5011-486700-6099 $220,312 Santiago Creek Bike Trail; 3) Amended
the revenue budget as follows: 550-5011-261500-6099 $220,312 Santiago Creek
Bike Trail; 4) Approved plans and specifications and authorized advertising for bids for
the Santiago Creek Bike Trail construction project.
FISCAL IMP ACT: After the appropriation is approved, sufficient funds will be available
in the following accounts:
245-5011-486700-6099
550-5011-486700-6099
550-5011-486700-6099
550-5011-486700-6099
Total
$90,250 (AB 2766 Air Pollution Reduction)
$99,930 (Transportation Demand Management)
$255,073 (Land and Water Conservation Fund Program)
$220.312(Transportation Enhancement Activities Program)
$665,565
3.9 Project No. SP-3097; West Chapman Avenue street widening, from Bitterbush
Street to Main Street, Bid No. 023-40. Approval of plans and specifications, and
request for authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the West Chapman
Avenue street widening. The project is ready to be advertised for bids. The estimated
construction cost is $2,700,000.00 including contingencies and construction engineering
(15%).
ACTION: Approved plans and specifications and authorized advertising for bids for the
West Chapman Avenue street widening construction project.
FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement
Program in the following accounts:
550-5011-483300-4038
272-5011-483300-4038
262-5011-483300-4038
271-5011-483300-4038
934-9800-483300-4038
284-5011-488300-4038
Total
$1,182,072
$ 44,567
$ 11,825
$ 350,000
$ 821,036
$ 549.304
$2,958,804
(Measure M MP AH)
(Gas Tax)
(Traffic Improve - Measure M)
(Special Gas Tax - Construction)
(Redevelopment Funds)
(TSIP Area B)
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CITY COUNCIL MINUTES
June 10,2003
3. CONSENT CALENDAR (Continued)
3.10 CLAIMS
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
claim( s) be denied.
a. Marda V. Smith
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.11 Contract Change Order No.4; Bid No. 012-52; Well No.8 Pump and Motor Repair.
(A2100.0 AGR-4061)
SUMMARY: Contract Change Order No.4 authorizes extra work in the amount of
$10,633.35.
ACTION: Approved Contract Change Order No.4 in the amount of $10,633.35 to
General Pump Company.
FISCAL IMPACT: Funding for this project is budgeted and available in the following
account: 600-8011-425100 $10,633.35 Maintenance of Wells
3.12 Second Amendment to Contract AGR-2436 installation oftraffic striping, pavement
markings and raised pavement markers at various locations within the City of
Orange, Bid No. 012-02. (A2100.0 AGR-2436.B.2)
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 2003-2004 in an amount not to exceed $111,125.
ACTION: Approved Second Amendment to Contract AGR-2436 in an amount not to
exceed $111,125 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 ofthe City.
FISCAL IMPACT: Funds in the amount of $111,125.00 for this contract are being
budgeted for the 2003/2004 fiscal year and will be available utilizing Gas Tax Exchange
Funds in the Contractual Services Account No. 273-5032-427100.
3.13 Contract Change Order No. 3 to Pacific Tank & Construction, Inc. for the
construction of City of Orange Water Reservoir No. lOA, Bid No. 001-02, W-593.
(A2100.0 AGR-3641)
SUMMARY: Contract Change Order No.3 authorizes payment for extra work at agreed
prices. The total amount of the change order is $2,738.92.
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CITY COUNCIL MINUTES
June 10, 2003
3. CONSENT CALENDAR (Continued)
ACTION: 1) Appropriated $2,738.92 from Water Capital Fund 601 Unappropriated
Reserves into Account No. 601-8041-484201-8318 Water Reservoir lOA; and 2)
Approved Contract Change Order No. 3 and appropriated funds in the amount of
$2,738.92 to Pacific Tank and Construction for additional work.
FISCAL IMP ACT: After appropriation, funds will be available in the following account:
Account No. 601-8041-484201-8318 Water Reservoir lOA $2,738.92
(REMOVED AND HEARD SEPARATELY)
3.14 Mills Act Contract No. MAC-95.0-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4306)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the City of Orange. Estimated costs associated with the repair,
rehabilitation and maintenance performed by the owner for the (minimum 10 year) term
of this contract totals $72,775. Location: 2733 E. Walnut Avenue.
Discussion
Councilmember Coontz noted this application is for an historical residence east of Tustin
Street, pointing out there are many historic homes throughout the City that are not in Old
Towne. She noted there are 23 items on this particular schedule of improvements and
asked who is authorized to conduct the inspections for these properties and how detailed
the inspections are; and if any resident had been remiss in following through with the
improvements. She asked that the Council be provided with a copy of the inspection
form and more details on the program.
Alice Angus, Community Development Director, reported these agreements are long
term commitments on the part of the homeowner and the City. Mr. Dan Ryan, Senior
Planner with the Community Development Department, conducts the initial inspection
and the annual inspections for each of the properties in the program. She was not aware
of any resident who had not followed through with the improvements.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-95.0-03), for
the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; with the additional recommendations
given to staff.
FISCAL IMP ACT: The estimated property tax loss to the city is approximately $388 per
year.
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CITY COUNCIL MINUTES
June 10,2003
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract No. MAC-96.0-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4307)
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 $127,300. Location: 506 E. Almond
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-96.0-03), 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 $316 per
year.
3.16 Mills Act Contract No. MAC-97.0-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4308)
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 $97,925. Location: 414 E. Palmyra
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-97.0-03), 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 $307 per
year.
3.17 Mills Act Contract No. MAC-98.0-03, (Historic Property Preservation Agreements).
(A2100.0 AGR-4309)
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 $56,000. Location: 221 N. Pine Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (application No. MAC-98.0-03), 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 $227 per
year.
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CITY COUNCIL MINUTES
June 10, 2003
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.18 RESOLUTION NO. 9737 (Ll200.0)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (82-1).
ACTION: Approved.
3.19 RESOLUTION NO. 9738 (Ll200.0)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1
(Shadow Ridge) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for public
hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.20 RESOLUTION NO. 9739 (L1200.0)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (86-2).
ACTION: Approved.
3.21 RESOLUTION NO. 9740 (L1200.0)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2
(Santiago Hills) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for public
hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.22 RESOLUTION NO. 9741 (Ll200.0)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain assessment district
proceedings (94-1).
ACTION: Approved.
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CITY COUNCIL MINUTES
June 10, 2003
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9742 (LI200.0)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1
(Sycamore Crossing) and declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting a time and place
for public hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.24 RESOLUTION NO. 9745 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring weeds a public nuisance
and initiating abatement proceedings.
ACTION: Approved with a revised exhibit.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.6 was continued to June 24, 2003. Items 3.8 and 3.14 were removed and heard
separately. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Alvarez - Discussion concerning the potential restoration and
relocation of the EI Camino Real Bells, historical markers, located on Main Street and
Chapman Avenue.
Councilmember Alvarez reported the West Chapman Avenue widening project provides an
opportunity for the City to relocate and restore the El Camino Real Bell on West Chapman. He
asked Doug Westfall, a local historian, to research this project and has also contacted Don Blake,
who assisted in restoring the City's cannon, about restoring this bell. He suggested that when
this bell is removed for street widening purposes, that another bell on Main Street also be
removed so that both bells can be restored and have one put back near its location at Chapman
and Main and the other one be placed in the Plaza.
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CITY COUNCIL MINUTES
June 10, 2003
5. REPORTS FROM COUNCILMEMBERS (Continued)
Doug Westfall, 1125 W. Palm, historical publisher in Orange, recommended removing and
restoring these bells and placing one at the southwest corner of Chapman and Main with a plaque
commemorating its original placement and the other one placed at the south end of the Plaza
commemorating and recognizing the path of the El Camino Real trail. He submitted maps and
pictures of the bells.
Councilmember Coontz stated she had been working on this project and had already been in
contact with the Public Works Department and someone who has been doing this for many years.
She also had a booklet which indicated these bells were not necessarily placed on the original
trail. She indicated there may be money to move the one on Chapman as part of the street
widening project and suggested the City may be able to get donations to move and refurbish the
one on Main Street. She noted there is also a bell in front of La Veta Elementary School. She
stated she would appreciate being a part of a committee to investigate this, since she had already
started work on the project.
Councilmember Alvarez reported he had also asked Mr. Westfall to look at applying for a state
marker for Grijalva Park because of the Portola expedition having gone through that site. Also,
in placing one of the bells at the Plaza, the City could submit Plaza Park as another state historic
designation, because of it being an early park in Orange County and it would also identify the El
Camino Real Trail through Old Towne.
Councilmember Coontz suggested before placing any monuments in Plaza Park, it should be
investigated because it was her understanding the original committee on the Plaza Park agreed
the City would not put any more monuments there. She also suggested neither of the bells be
placed directly on a corner, as any possible street widenings could affect that.
Mayor Murphy suggested Councilmember Coontz and Councilmember Alvarez work together
on this project and come back to the Council with further ideas.
Mayor pro tern Cavecche wanted to ensure the bells were not moved to other locations if there
was historical significance to their current placement.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Investment Oversight Committee Third Quarter Report for the Quarter ending
March 31, 2003. (ORI800.0.27.16)
Helen Walker, City Treasurer, provided the report.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed.
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CITY COUNCIL MINUTES
June 10,2003
7. ADMINISTRATIVE REPORTS - None.
8.
REPORTS FROM CITY MANAGER
TAPE 1170
8.1 Presentation of the FY 2002-03 Third Quarter Budget Report which includes the
period July 1, 2002 through March 31, 2003. (C2500.E.4)
SUMMARY: This Third Quarter Report helps inform the City Council of departmental
performance for the quarter, including progress towards the achievement of departmental goals
and completion of major capital improvement projects, and summarizes the results of the City's
financial operations.
Councilmember Alvarez asked about the limited partnerships the Redevelopment Agency has
with other entities. The City Manager stated this information will be provided to the Council.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 14-03 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges to adopt new City Sanitation Service Fees.
MOTION - Cavecche
SECOND - Coontz
AYES Ambriz, Mayor Murphy, Coontz, Cavecche
ABSTAIN - Alvarez
Moved that Ordinance No. 14-03 be read by title only and same was approved and adopted by
the preceding vote.
Councilmember Alvarez was absent for the First Reading of this Ordinance; and abstained to
stay consistent with that vote.
9.2 ORDINANCE NO. 15-03 (FIRST READING) (A2100.0 AGR-4299)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and Citadel Properties Orange, LLC to allow the construction
and use of two medical office buildings approximately 217,000 square feet on property located at
1000 W. La Veta Avenue.
Applicant: Citadel Properties Orange, LLC.
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CITY COUNCIL MINUTES
June 10, 2003
9. LEGAL AFFAIRS (Continued)
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 15-03 be read by title only and same was set for second reading by
the preceding vote.
9.3 RESOLUTION NO. 9731 (A2100.0 AR-4299)
A Resolution of the City Council of the City of Orange approving Conditional Use Permit 2442-
03, Major Site Plan Review 269-03 and Mitigated Negative Declaration No. 1714-03 to allow
the phased construction of two medical office buildings approximately 217,000 square feet on
property located at 1000 W. La Veta Avenue.
Applicant: Citadel Properties Orange, LLC.
Discussion
Mayor Murphy reported the City Attorney had provided a revised Condition as part of this
Resolution.
In response to questions by Councilmember Alvarez, the City Attorney clarified that five years
after completion of Phase I, if the Phase 11 parking structure is not constructed, the City will
review the parking situation to determine if any mitigation measure are required; and this is
specific only to the parking issues.
Councilmember Coontz stated she appreciated the additional details in the added condition, and
asked about conditions for signage during construction.
Alice Angus, Community Development Director, reported there are two conditions which
automatically deal with the signage issue - Condition No.6 and Condition No.7.
Councilmember Alvarez stated for the record, that because of the length of the Development
Agreement, it is prudent of the City Council to review this after five years.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9731 with the amended language for Condition No. 38, as
outlined in the June 10,2003 memo from the City Attorney.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
June 10,2003
11. RECESS TO CLOSED SESSION
The City Council recessed at 5 :27 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 Organization: Fire Association.
b. Conference with Real Property Negotiators pursuant to Government Code Sect. 54956.8
Property: Stewart Drive, from Main Street to Pepper Street and Pepper Street from La Veta
Avenue to Stewart Drive
Agency Negotiator: David Rudat, City Manager
Negotiation Parties: City of Orange and St. Joseph's Hospital
Under Negotiation: Price and terms of sale
The City Attorney reported an additional item needed to be discussed in Closed Session. The
City is presently under authority to negotiate an agreement to purchase the Orange County Fire
Authority property on South Water Street. After the Agenda was posted, staff met with
representatives of the Fire Authority to discuss the results of the City's environmental
investigation of the property. As a result, the City's environmental consultant has recommended
that the City do additional work on the site and it appears initially there is more contamination on
the site than the parties first thought. Therefore, there is a need for the Council to meet in Closed
Session to give direction to staff on how to proceed on retaining the consultant and amending the
contract to allow the consultant to go forward and also as to what the City's and Fire Authority's
responsibilities for the clean up should be.
MOTION - Murphy
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find that the following item arose after the posting ofthe Agenda and there is a need to
take immediate action:
c. Conference with Real Property Negotiators pursuant to Government Code Sect. 54956.8
Property: 124-145 and 164-180 S. Water Street, Orange, CA
Negotiators: David Rudat, City Manager; Linda Boone, Economic Development Director
and Rick Otto, Sr. Housing Manager
Under Negotiation: Price and terms of payment
d. 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.
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CITY COUNCIL MINUTES
June 10, 2003
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 1560
Arlen Craig, 3402, E. Vine, submitted information form the Master Plan of Parks and Recreation
Facilities, and spoke on the shortage of park and recreation facilities.
Rick Cryder, address on file, asked for direction on a proposed dog park and requested the dog
park matter be agendized.
13.
PUBLIC HEARINGS
TAPE 2800
13.1 CITY OF ORANGE 2003-04 FISCAL YEAR BUDGET AND SEVEN YEAR
CAPITAL IMPROVEMENT PROGRAM: (C2500.J.l.l)
Time set for a public hearing to consider adoption of the 2003-04 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 it is his privilege to present a balanced budget for the upcoming fiscal
year. This budget reflects the economic challenges which impacts the City while also pursuing
policies of excellence which are the foundation of the City's Mission Statement, which is, the
City of Orange is committed to excellent service for our residents, businesses and visitors. The
policy guidelines provided by the City Council over the past several years have facilitated
organizational changes and realignments that have resulted in a smaller, more effective work
force with a more efficient delivery of services. This conservative approach has allowed the City
to tackle the much more challenging economic environment that the City faces. There have
been, and will continue to be, a number of economic challenges which impact this budget. These
impacts include the State budget crisis, the fallen stock market and its impact on the state
retirement system, fallen interest rates and the slow recovery from the recession. As the
economy improves so will the economic outlook for the City. But this will not happen quickly.
In the interim, the City Council can be proud ofthe City's accomplishments and the fact that the
City continues to move forward on behalf of the residents and business in the City.
Mr. John Sibley, Assistant City Manager, provided a slide presentation of the highlights of the
proposed budget. He reviewed the strategies required to balance the budget, which include
revenue initiatives, a programmed savings plan, reductions in internal service charges, an FY 02-
03 surplus and liquidation of funds not needed for capital projects. He reviewed the highlights of
the Capital Improvement Program, the total revenue distribution, changes in the General Fund
revenues and the revenues by funding source. He reviewed the General Fund expenditures and
the Fund Balance for the General Fund; and in conclusion, reviewed the budgetary concerns and
unknowns, such as the Education Relief Augmentation Fund Shifts, the Vehicle License Fee
Backfill, the State and National economy, future costs of PERS and current State legislation
which takes a portion of sales taxes from the cities and backfills it with a portion of property
taxes.
PAGE 14
CITY COUNCIL MINUTES
June 10,2003
13. PUBLIC HEARINGS (Continued)
Mr. Sibley thanked City staff for their efforts in putting this budget together, particularly,
Barbara Messick, Rich Jacobs, Leila Hoopii, Victoria Beatley and Helen Bell.
Mayor Murphy wanted to clarifY the slide on the Fund Balance. The set aside amounts are for
emergencies, and at the end of the next fiscal year, assuming there are no extraordinary expenses,
the correct number would be approximately $23 million, and not the amount shown on the slide,
which is misleading. The word designation should not be interpreted to mean spending, because
in reality these monies are being set aside should there be a catastrophic change in the revenue
picture. This money is reserved for future obligations.
The City Manager reported the preparation of this budget has been a difficult task, recognizing
that the State government is facing its worst budget crisis in modern history. In the absence of
an adopted budget, the State will not be able to meet its cash flow obligations this summer. It
should be pointed out that cities throughout the state already provide critical financial assistance
to the State, and Orange is playing an ever increasing role, with other local government agencies,
to protect revenues from the state. While City programs are still vulnerable, the budget includes
a spending program designed to resist moderate and short term changes that the State may thrust
upon the cities in an effort to pad their budget. This is a solid budget that spreads potential
impacts throughout many programs, and reductions have been made in all departments.
Council Ouestions
TAPE 3750
Councilmember Coontz complimented staff on the addition of the Glossary, stressing the
importance of using terms which the general public are able to understand; and suggested parts
of the budget and the map outlining the public improvement projects be shown on Cable TV.
Mayor Murphy also suggested the budget presentation be posted on the City's website.
Councilmember Ambriz asked about the dog park and if there are any funds that are being
allocated to acquire property, conduct studies or to develop and maintain a dog park; noting the
dog park was low on the Parks Commission priority list.
The City Manager stated the City has recommended no funds for a dog park. It is hoped the City
will agendize this issue for the Council to at least review the Yorba Park study and discussion of
the dog park.
Councilmember Ambriz stressed the importance of conveying the message clearly to the
community that funds are very tight at this point.
The City Manager clarified that much of the money recently spent on Y orba Park was for the
installation of the gas recovery system and the cost for monitoring the gas wells, which the City
is required to do.
Councilmember Ambriz asked for clarification on one of the Workplan items in Economic
Development, which states that the Orange County Fire Authority property is to be used as a
below market housing site.
PAGE 15
CITY COUNCIL MINUTES
June 10,2003
13. PUBLIC HEARINGS (Continued)
Linda Boone, Economic Development Director, stated below market housing is housing which
would give someone more for their money. However, this was prepared many months ago, and
that property is no longer designated as below market housing, and is now targeted as market
housing. The City Manager report the final decision has yet to be determined by the Council, but
this property is not being looked at for below market housing; and this correction will be made in
the final printing of the budget.
TAPE 4030
Mayor pro tern Cavecche clarified AB 1221 has been moved to a two year bill, which gives the
City a little bit of a breather on that issue; and it also seems that everyone is in favor of
reinstating the POST money and hopefully that revenue will be back to the City for training. She
also expressed great concern that the Police Department budget includes funding for nine full
time employees for The Block; and for the record, she is extremely excited about discussions
with the Mills Corporation on this matter and would like to see those officers on the streets in
other areas of the town.
Mayor pro tern Cavecche also spoke on the VLF funding and about the gap it will leave even if
that funding is reinstated. Depending on the gap, the City may be looking at between a $417,000
and $1.2 million hit to the City if that gap is not funded. She stressed the City may have to
relook at this budget even within a month or two and have to look at cutting back close to
$500,000 a month very quickly. She asked for reassurance that the City is ready to do whatever
it takes if the State starts holding back that money.
The City Manager stated there is a designation for Working Capital of $3 million which is
designated in the event of a fluctuation or decrease in revenue, something that is undetermined
but could potentially happen. The City could absorb a hit, but then the working capital would be
drastically reduced.
Mayor pro tern Cavecche also asked about the State possibly looking at Redevelopment funds
and how flexible the Agency is with its debt obligation.
Linda Boone, Economic Development Director, stated staff is confident there is enough money
to cover items for a few years, but the way in which the Agency would make up for that is by
spending bond money, which is money that is borrowed in order to have money to invest in
economic development.
Councilmember Coontz commented there are goals outlined in the Budget, but they are not
necessarily tied to the financial aspect of the budget. She was concerned that if some of the
issues are dropped because of budgetary concerns and not continued, the City can lose track of
them. She spoke on the dog park, as the Council did originally give its support to the dog park,
promises were made, and she did not think the dog park issue should be dropped. She suggested
that a goal be added, without a monetary connection - Continue to pursue sites for a dog park.
She also suggested another goal be added, without a monetary connection - Monitor rail
programs for the Orange-Olive track segment proposed by Metrolink, OCTA and the California
High Speed Rail Authority which affect the City of Orange and pursue grant
PAGE 16
CITY COUNCIL MINUTES
June 10, 2003
13. PUBLIC HEARINGS (Continued)
opportunities and legislative assistance for improvements in rail crossings protection through
programs that will help reduce noise and safety issues.
Councilmember Coontz also asked for ongoing presentations on where the City is on the rail
program issue, as this affects businesses, transportation and all aspects of the community.
Mayor Murphy stated these are tough times, and there is every indication that times are going to
get tougher before they get easier; and he extended a thank you to all City staff, realizing staff is
continually being asked to do more with less.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9744
A Resolution of the City Council of the City of Orange adopting said City's budget for the Fiscal
Year 2003-04 and relating to transfers of funds between and within appropriations, transfers
between funds and additional appropriations
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9744, and incorporate the additional goals outlined by
Councilmember Coontz and modifications to the Economic Development Workplan as identified
by Councilmember Ambriz
RESOLUTION NO. 9735
A Resolution of the City Council of the City of Orange adopting the appropriations limit for the
Fiscal Year 2003-04.
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9735.
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 17
CITY COUNCIL MINUTES
June 10, 2003
13. PUBLIC HEARINGS (Continued)
Moved to find that the portion of the FY 2003-04 Budget subject to the Gann limit IS
$57,382,776, and therefore within the limit.
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve the Seven Year Capital Improvement Program for the period ofFY 2003-04
to FY 2009-10.
Note: The Council convened to the Redevelopment Agency Meeting, Item No. 11.1
13.2 ABANDONMENT OF EASEMENT, CITY OF ORANGE: (S4000.S.4) TAPE 4550
Time set for a public hearing to consider whether to vacate and abandon a portion of an existing
easement for public street and highway purposes on a portion ofreal property commonly known
as the UCI Medical Center which is owned by The Regents of the University of California, A
California Corporation. The real property is located south of Chapman Avenue. and described in
that certain Easement Deed recorded June 8. 1939.
The adjoining property owner, The Regents of the University of California, are requesting this
vacation since the area has not been used as a public road for many years.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9732
A Resolution of the City Council of the City of Orange ordering the vacation of a portion of an
easement for public street and highway purposes on real property generally located south of
Chapman Avenue and southerly and adjacent to the Interstate 5 Freeway on property owned by
the Regents of the University of California (UCI Medical Center).
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9732.
13.3 ABANDONMENT OF EASEMENT, CITY OF ORANGE: (S4000.S.4)
Time set for a public hearing to consider whether to vacate and abandon a portion of an existing
easement for public street and highway purposes on a portion of real property commonly known
PAGE 18
CITY COUNCIL MINUTES
June 10,2003
13. PUBLIC HEARINGS (Continued)
as the UCI Medical Center which is owned by the Regents of the University of California, a
California Corporation. The real propertv is located iust south of Chapman Avenue, and
adiacent to the Interstate 5 Freewav on ramp at Chapman, and described in that certain Deed
recorded Julv 15.1940.
The adjoining property owner, The Regents of the University of California, are requesting this
vacation since the area has not been used as a public road for many years.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9733
A Resolution of the City Council of the City of Orange ordering the vacation of a portion of an
easement for public street and highway purposes on real property generally located south of
Chapman Avenue and southerly and adjacent to the Interstate 5 Freeway on property owned by
the Regents of the University of California (UCI Medical Center).
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9733.
13.4 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT
AGENCY, PROPOSED FIRST AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT AMONG THE CITY, REDEVELOPMENT AGENCY
AND ORANGE HOUSING DEVELOPMENT CORPORATION: (A2100.0 AGR-4123.1)
Time set for a joint public hearing pursuant to the California Community Redevelopment Law
(Health and Safety Code, Section 33000, et seq.) for the purpose of considering the proposed
conveyance of property and provision of financial assistance to Orange Housing Development
Corporation.
In September 2002, the Orange City Council and Redevelopment Agency Board of Directors
approved a Disposition and Development Agreement with the Orange Housing Development
Corporation (OHDC) for the sale of Agency owned property and the development of a six unit
affordable senior housing project on property located north of La Veta Avenue between Olive
Street and Lemon Street. The proposed amendment to the agreement reflects a change in the
Agency loan amount.
(See ORA Minutes Item No. 11.2)
PAGE 19
CITY COUNCIL MINUTES
June 10, 2003
13. PUBLIC HEARINGS (Continued)
Linda Boone, Economic Development Director, provided a report.
In response to questions by Councilmember Alvarez, it was noted construction of this project is
due to begin in approximately two weeks.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Action:
RESOLUTION NO. 9746
A Resolution of the City Council of the City of Orange approving a First Amendment to
Disposition and Development Agreement by and among the City of Orange, the Orange
Redevelopment Agency and Orange Housing Development Corporation regarding property
located north of La Veta Avenue between Olive Street and Lemon Street and making certain
findings.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9746
14.
PLANNING AND ENVIRONMENT
TAPE 1820
14.1 Appeal of City Traffic Commission denial of All-Way STOP request. (S4000.S.3.3)
SUMMARY: Consideration of appeal submitted by Cathy Seelig and Augie Morales regarding
the City Traffic Commission's decision to deny the request for the installation of All-Way Stop
controls at the intersections of:
Sycamore Avenue and Cypress Street
Sycamore A venue and Lemon Street
(Note: This item was heard out of order and prior to the public hearings)
Mr. Harry Thomas, Public Works Director, reported the Traffic Commission had denied the
request for All-Way Stop Signs at these locations. Staff had recommended approval of the
request, because although the warrants were marginally met, given the overall condition, the
volume of traffic, the ratios on the approaches and the pedestrian activity, staff felt there were
primary benefits derived from Stop Signs.
PAGE 20
CITY COUNCIL MINUTES
June 10, 2003
14. PLANNING AND ENVIRONMENT (Continued)
Mayor pro tern Cavecche pointed out there was only one Stop Sign at the intersection of
Sycamore and Cypress, as it is a T-intersection and there is no Stop Sign as vehicles come out of
the Chapman University parking lot traveling eastbound.
Public Comments
The following people spoke in favor of All-Way Stop signs. Their concerns include: traffic
volumes and traffic speed; site distance problems; safety of children crossing the street; and
increase in truck traffic.
Cathy Seelig, 2800 Hillside Avenue
Augie Morales, President, Orange Barrio Preservation Society, 392 N. Lemon
Mike Bettencort, 455 N. Cypress Street
Lucille Valdivia, 388 N. Lemon Street
Paul Guzman, 2113 N. Santa Fe St., Santa Ana
Chelsea Hopkins, 5382 LaVerne Circle, Westminster
James Myers, 17572 Wayne Ave., Irvine,
Crystal Bartlett, 3024 E. Craig Drive.
Terry Baxley, 2102 W. Hathaway St., Santa Ana
Milt Galbraith, Chief of Public Safety at Chapman University
Mike MacDonald, 727 N. Hart
Ken Ryan, EDA W, representing Chapman University
Gerardo Rodriguez, 486 N. Olive St.
Council Comments
TAPE 2550
Councilmember Coontz stated she had assisted the appellants with the appeal process, paying the
fee so the residents did not have to pay for it. This is a very old and respected community which
has made many contributions to the community but which has been neglected over time. She
thanked the community for coming to the meeting on this issue; and stated she was in support of
the appeal.
Mayor pro tern Cavecche stated she was surprised there was no Stop Sign coming out of the
parking lot. She was in support of All-Way Stop Signs and felt bad the community had to appeal
the Traffic Commission decision.
Councilmember Ambriz thanked the residents for coming to the meeting and thanked Staff for
the detailed report.
Councilmember Alvarez stated the Master Plan for Chapman University indicates a lot of
activity and growth planned for this area and installing All-Way Stop Signs is a good example of
getting ahead of a problem before it gets bigger.
PAGE 21
CITY COUNCIL MINUTES
June 10, 2003
14. PLANNING AND ENVIRONMENT (Continued)
Mayor Murphy spoke in support of the Stop Signs, as he would prefer to error on the side of
caution and deal with the matter before it gets to be a problem.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to support the Appeal and direct City staff to install All-Way Stop Signs at the
intersections of Sycamore Avenue and Cypress Street and Sycamore Avenue and Lemon Street.
15. ADJOURNMENT
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 8:33 p.m.. The next regular meeting of the City Council is June
24,2003.
~~A'cf~~~~Ad
ASSANDRA J. . HCART, CMC
CITY CLERK
lPfi.f:/!!Jt
MAYOR
PAGE 22
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