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04-06-1999 Council Minutes Adj Regular APPROVED BY THE CITY COUNCIL ON APRIL 27, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA ADJOURNED REGULAR MEETING APRIL 6, 1999 The City Council of the City of Orange, California convened on April 6, 1999 at 5:00 p.m. in an Adjourned Regular Meeting in the Weimer Room, 300 E. Chapman Avenue, Orange. 5:00 P.M. SESSION 1. OPENING 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Coontz 1.3 ROLL CALL COUNCIL MEMBERS PRESENT - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon PLANNING COMMISSION PRESENT - Bosch, Romero, Carlton ABSENT - Smith, Pruett 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS - None 2. PUBLIC COMMENTS - None 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of An Adjourned Regular Meeting of April 6, 1999 at Orange Civic Center, Taft Branch Library at 740 E. Taft Avenue, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said Adjourned Regular Meeting. PAGE 1 CITY COUNCIL MINUTES APRIL 6, 1999 3. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. MOTION SECOND AYES ABSENT - Murphy - Mayor Coontz - Murphy, Slater, Mayor Coontz, Alvarez - Spurgeon Item 3.1 was approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR COONTZ - None 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER 8.1 Report on the Seven Year Capital Improvement Program The City Manager reported the CIP identifies 146 projects being proposed for the seven year period. For the up coming fiscal year, 45 new projects are being proposed and 71 projects are a continuation of previously approved projects. City staff is recommending Council invest nearly $19 million in capital improvements in the upcoming fiscal year and more than $112 million over the seven year CIP planning horizon. This is a major investment in the City's infrastructure and represents a significant commitment to our community's future. It was noted that out of the $18.6 million in projects identified for FY 99-00, only $2.6 million is funded through General Funds. The majority of funds in the CIP include Measure "M", Community Development Block Grants, Gas Tax and other transportation related funds, and developer impact fees. The following Department Heads gave presentations: Finance, Management Information Services - City Manager's Office, Fire, Police, Public Works, Community Services and Economic Development. PAr.F? CITY COUNCIL MINUTES APRIL 6, 1999 8. REPORTS FROM CITY MANAGER (Continued) COUNCIL AND PLANNING COMMISSION QUESTIONS: Management Information Services - Building Permits Toni Carlton, Planning Commissioner, asked if the building permits were on the City's web site, and if not when will they be? The City Manager indicated this was a major project and is considered to be part of a strategic plan. No funds have been budgeted for this purpose. Mayor Coontz suggested contacting other cities for information on the issue of building permits on their web sites. Fire Fire Department Remodel (moving the Fire Prevention Bureau to Fire Headquarters) - Mayor Coontz asked if the buildings met seismic regulations. The City Manager indicated that none of the buildings are seismically retrofitted. It was proposed to hire an architect to assist staff on how City Hall would look after being seismically retrofitted. It may require a significantly greater investment than identified in the proposed CIP to maintain the architectural and structural integrity of the building. Regarding Fire Prevention's move to Fire Headquarters, Councilman Slater asked if the $40,000 for the phone upgrade could wait? The City Manager indicated it was a high priority due to severe problems with delayed emergency alarm responses and lost phone mail which occurs on a day-to-day basis. The majority ofthe funds are trenching costs. Mayor Coontz asked after Fire Prevention personnel move to Fire Headquarters, what are the plans for the building they currently occupy? The City Manager responded the Economic Development Department will be reviewing the issue and make recommendations. Public Works Mayor Coontz inquired about signalization at the following locations: Taft Avenue at the railroad tracks and Orange-Olive Road and the left turn at Cambridge and Katella. The Public Works Director responded the railroad signal at Orange-Olive is presently under design by a consultant and is expected to be completed at the end of this fiscal year with construction completed by this calendar year. It was suggested that Cambridge/Katella signalization be added to the CIP and the area be reviewed because it does have potential to increase delay both for left turn traffic during off and on peak traffic periods. Bob Bennyhoff, address on file, asked about improvement plans on Chapman Avenue from Prospect east? The Public Works Director responded grant funding is pending for a Master Plan of Arterial Highways Program. The time frame is 2002/03 fiscal years. PAGE 3 CITY COUNCIL MINUTES APRIL 6, 1999 8. REPORTS FROM CITY MANAGER (Continued) Mayor Coontz commented there are landscaping and other improvements for West Chapman Avenue; how much can be done at the same time? The Public Works Director responded the project includes 76 locations for street trees in the public right-of-way. The utility lines existing will not go underground with this project. Mayor Coontz also suggested the departments meet to revisit the Southwest Design Guidelines as well as making changes and form an ordinance. The Council would like to look at a package that would include a realistic time frame for project deadlines. The Economic Development Director responded representatives from that department, Public Works and Community Development have reviewed the Southwest Design Standards and created a matrix which will be submitted to Council for review. Commissioner Bosch commented on the need for a major planning effort for economic renewal of the West Chapman Avenue area. Mayor Coontz commented if additional monies are needed for the planning process, they should be added to the CIP. Councilman Slater commented the City needs to be proactive on North Main and West Chapman to revitalize that area. Councilman Murphy remarked that the widening of both Main and Chapman is well known and some planning and thought need to be done on where the City wants to encourage that area to go. Councilman Slater inquired if other funding options could be explored regarding underground utilities. The Public Works Director noted this issue is tied to Measure M monies time frame. The City Manager reported conceptual ideas will be presented to Council of a larger planning effort for this area. Mayor Coontz inquired about a lighting master plan. The Public Works Director responded there is funding in the CIP for cooperative lighting efforts primarily intended to convert street lights to underground wiring in conjunction with the undergrounding of utilities. This year's funds will be utilized and possibly need the 1999/2000 funds to accomplish an Arterial Lighting Master Plan. Commissioner Carlton asked ifthe water main at Vista Royale was considered to be a permanent fix? Will the City assume any funds for improving or cooperating with Anaheim on the reservoir? Note: These questions were addressed by the Assistant City Attorney under Item 8.2. In response to Commissioner Carlton's question regarding the water main, the Public Works Director explained there was a 12 inch transmission main that passed through the Vista Royale area to a higher reservoir which served areas other than Vista Royale. Because of the land movement problem, the underground line and 12 inch main have been abandoned. This line is a replacement line that reroutes the transmission main outside the boundaries of the Vista Royale project to serve the other areas. PAGE 4 CITY COUNCIL MINUTES APRIL 6,1999 8. REPORTS FROM CITY MANAGER (Continued) Councilman Slater suggested putting off for one year, ifno problems have occured, the traffic signals at Prospect and LaVeta and Prospect and Palmyra. The Public Works Director commented it would be feasible to do at this time since there is no accident history or complaints. They do meet the warrants for traffic signals however. Councilman Murphy expressed concern with the signal at Palmyra and Prospect because of McPherson Athletic Field's activities. The Public Works Director indicated both signals will be monitored. Centerline Rail- The Public Works Director responded to Mr. Bennyhoffs concern that whatever widening that is done would be beneficial to the City in the event the rail line goes through the areas. Whether there is additional widening necessary to accommodate the rail line is a matter to be debated at some length. OCTA is not proposing to pay for any right of way or widening for the rail line. Community Development Department - Parks Councilman Slater advised that the community forums for the Master Plan of Parks should be announced at Council meetings. Mayor Coontz asked if Eisenhower Park were built today, would it have the same configuration and grading as we see today; and would their be an opportunity for any active use? The Director of Community Development indicated he would have the consultant for the Master Plan of Parks review it. Commissioner Bosch encouraged study sessions with the Planning Commission and Council concerning the Master Plan of Parks which is a crucial issue to the City. Councilman Slater commented that the Hart Park and the train depot are in the historic district, to make sure all historic design aspects be reviewed by the community. The Director of Community Services, in response to Councilman Slater's question, described Phase 2, the refurbishment ofthe band shell area and pool as well as redesign ofthe area. The City Manager indicated a historic background will be completed for the project. Councilman Slater asked about the landscaping of the Main Library - ($40,000). The City Manager responded the funds have been backed out of the budget to the Fiscal Year 2000-01. The City Manager further reported on the Main Library Building fund for a new library indicating there is $500,000 set aside. This would be reviewed every year by Council and they may elect to put money into this fund for accumulation. No recommendations have been made on any particular amount at this time. The City Manager reported it is anticipated the budget will be balanced using reserves. Several issues must be addressed such as the opening of a fire station, rebuilding the police force, as well as capital projects. The following projects were suggested for Council to address the costs next mid-year: City Hall Fountain rehabilitation, City Hall building retrofit, Bank of America Building brought up to ADA standards or demolished, enlarge the parking lot, Library PAGE 5 CITY COUNCIL MINUTES APRIL 6, 1999 8. REPORTS FROM CITY MANAGER (Continued) landscaping, and Library computerized catalog system. The Library issues will be discussed at the April 19th meeting. Mayor Coontz noted Council direction had been that the Bank of America Building is definitely part ofthe future of the Library system. There is not enough parking today to take care ofthe patronage at the Main Library. If discussion ensues regarding the elimination of any branch, the Main Library will be further utilized. Council was adamant about placing money every year into the new Library fund. Councilman Murphy felt strongly that if Council expects the private sector to put a campaign together to build a new main library, Council needs to first show its dedication with a minimum goal of $500,000 per year set aside for this purpose. Mayor Coontz commented on the return of the Wymer money and the recommendation was that Council would prioritize it's use. Economic Development The Economic Development Director reported on the Bank of America building. A city committee was formed to analyze its use. A matrix was created including pros and cons, costs for demolition. This will be formalized and presented to Council. Mayor Coontz indicated the Council does not want the building to be used for City offices. City Entry Signs The Economic Development Director reported all signs are being identified, inventoried and prioritized. A report will be issued to Council with recommendations before the end of this fiscal year. Housing The Director of Economic Development indicated the First Time Homebuyer program will continue. Mayor Coontz asked how many people remain on the mobile home assistance program? The Director of Economic Development answered 12. NOTE: Planning Commissioners Bosch and Romero left the room at 6:30 p.m. Commissioner Carlton remained until the end of the meeting. PAGE 6 CITY COUNCIL MINUTES APRIL 6, 1999 8. REPORTS FROM CITY MANAGER (Continued) 8.2 Report from the Director of Emergency Services, Dave Rudat, concerning a proclamation issued on April 1, 1999 proclaiming the existence of a local emergency (Vista Royale Tract). The Assistant City Attorney reported the area described as Vista Royale has been undergoing land movement for the past two years or longer. Steps have been taken by various parties to slow down the movement which unfortunately has not been successful so far. The City's experts have advised the situation is getting more dangerous daily, and it is recommended to take these steps declaring the emergency and issue orders to stop outdoor watering, landscaping, drain swimming pools and spas and allow the homes to be accessed by a building official upon request to check the structural integrity. Last Wednesday night City staff had a meeting with the homeowners and they were advised of this emergency. If homeowners have a leak test done to certify that their pools are not leaking they do not have to have them drained. This will be updated every 30-45 days. The ratification process for this emergency will come before Council at every regularly scheduled Council meeting with status reports on the situation. Regarding the Anaheim Reservoir, the City has no input as to their intentions with the reservoir; to date there is no evidence or data that the reservoir had anything to do with the slide. Ms. Carlton asked ifit will be filled up again. The Assistant Attorney indicated he did not know. Bob Bennyhoff, asked if the lawyers involved had come to any resolution for a plan? The Assistant City Attorney commented there were two main plans being discussed. The court may ultimately decide if they cannot. In response to Ms. Carlton's question regarding evacuation, the Assistant City Attorney indicated the information is not available at this time. The earth movement is being evaluated daily. RESOLUTION NO. 9094 A Resolution of the City Council of the City of Orange ratifying the proclamation of the existence of a local emergency. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved that Resolution No. 9094 be adopted and same was passed and adopted by the preceding vote. 9. LEGAL AFFAIRS - None PAGE 7 CITY COUNCIL MINUTES APRIL 6,1999 10. RECESS TO CLOSED SESSION The City Council recessed at 6:45 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 existing litigation. Vista Royale HOA v. City of Orange, et ai, Orange County Superior Case No. 78 02 84. NOTE: This item was not discussed. b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). Contract with ORRS. 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. 11. ADJOURNMENT MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon The Council adjourned at 7:30 p.m. G~~~~ CASSANDRA J. HCART, CMC CITY CLERK (/.. . /"" n ~Yl d I.~,~ ~ 'x:L. ..../7-' .. (l..'{; 'n'?, . JOANNE COONTZ / )' MAYOR tV ,~ PAGE 8