HomeMy WebLinkAbout10_28_2003 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 12, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 28, 2003
The City Council of the City of Orange, California convened on October 28, 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 Helen Walker, Soroptimist of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Service Awards:Julie McWhorter -
City Manager; TeresaChavez - Personnel; Juliana Punt - Library;Tara Finnigan - Economic Development; Elizabeth
Hoffman - Police; Gary Elsey -Library; Lori Bartel - Police (not present); John Warde -
Police (not present); Gregory Adams - Fire; James Van Dalsem - Fire; Duane Weiss - Fire Certificate
of Appreciationwas presented to Tom Brown, President (not present) and Teri
Gamrnalo, Exhibit Chairperson of The Orange Art Association for providing art work in
the halls of City Hall.Mayor Murphy and Councilmember Coontz announced the Veterans
Day Ceremony,Sunday, November 9th,
2:00 p.m., Veterans' Memorial at Santa Fe Depot
Park. There will be buglers, singers, a flyover and the keynote speaker will be Lt.
Col. Joe Ruthenberg, retired officer of the United States Marine Corps.Mayor Murphy announced the
week of October 27th was Red Ribbon Week, a
Drug Free Community with Orange Unified School District.Mayor Murphy announced Treats in the Streets
will take place Thursday, October 30th
in the Downtown Plaza area.Fire Chief Bonacker provided an update on the Southern
California fires and the
assistance the City of Orange is providing.PAGE 1
CITY COUNCIL MINUTES October 28, 2003
2. PUBLIC COMMENTS
Mel Vernon, address on file, expressed concern about staffs recommendation on the
current RV issue.
Dorothy Stewart, address on file, expressed concern about staffs recommendations on
the current RV issue; and thanked the City's graffiti removal team for their quick
responses.
John Baker, 1051 Arbor Way, spoke on the proposed BRE Development in West Orange.
Marilyn Ganahl, address on file, spoke on a flyer being distributed alleging that the
Council will be raising taxes if the Fieldstone development is not built.
Melinda Moore, 1638N. Cambridge, member of Orange Citizens for Parks and Schools,
spoke on how their right to gather signatures on a petition was being hampered by
outsiders who are distributing flyers.
Jim Obermayer, address on file, member of Orange Citizens for Parks and Schools
OCPS), distributed information, and commented that OCPS would be working towards
obtaining funding to purchase the Sully Miller property as there are state and federal
resources available for recreation and park facilities; and they did not expect the City to
buy the property.
Dan Slater, 278 N. Pine, spoke on an alleged incident of someone going through his trash
and how it relates to the proposed Fieldstone Development.
Arlen Craig, address on file, spoke on the efforts of the Orange Community Foundation
and the need for a community center in Orange.
Bill Bouska, 270 N. Malena asked about a possible conflict with regard to contributions
Councilmember Coontz received from Fieldstone Development.
Councilmember Coontz stated the City Attorney has the information and it is within the
law; and the statements made by Bill Bouska are untrue.
Greg Holcomb, address on file, questioned possible conflicts with Councilmembers and
the proposed Fieldstone development.
Stephanie Holcomb, address on file, spoke on how people from outside of Orange are
trying to prevent citizens from signing petitions related to the proposed Fieldstone
development.
Mayor pro tem Cavecche asked both sides of the Fieldstone development issue to
conduct themselves in a professional manner; and commented that she has no plans to
raise taxes and did not appreciate having her name bantered about and constituents being
told things that are not true about her.
PAGE 2
CITY COUNCIL MINUTES October 28, 2003
3.CONSENT CALENDAR TAPE 1600
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 the City
Council Agenda of a Regular Meeting of October 28, 2003 at Orange Civic Center
City Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police
Facility at 1107 North Batavia and Shaffer Park; 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 October 2, 9, 2003.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, October 14, 2003.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.5 Receive and file the City Treasurer's Report for the period ending September 30, 2003.
ACTION:Approved.
AGREEMENTS
3.6 A consultant services agreement with URS Corporation to provide peer review
services relating to the Runoff Management Plan for East Orange/Santiago Hills II.
Continued from October 14, 2003) (A2l00.0 AGR-
4367)SUMMARY: The City is in the process of working with the environmental
consulting firm of Jones & Stokes to prepare an environmental impact report (EIR) for the
proposed East Orange/Santiago Hills II development proposal by The Irvine Company. The
Irvine Company will submit a runoff management plan (ROMP) to discuss water quality
and hydrology issues related to the Peters Canyon Reservoir drainage area, as well as
a conceptual ROMP for the Irvine Lake drainage, as it relates to this
project.PAGE
CITY COUNCIL MINUTES October 28, 2003
3. CONSENT CALENDAR (Continued)
Upon submittal, these documents must undergo technical peer review before the
information can be incorporated into the EIR. This peer review process assures the City
of the technical adequacy and accuracy of the information submitted. In addition, a
technical expert is needed to provide assistance to Jones & Stokes in preparation of the
relevant portions of the environmental document.
This consulting services agreement would retain the firm ofURS Corporation to perform
this technical peer review on behalf of the City.
ACTION: Approved and authorized the Mayor and City Clerk to execute the consultant
services agreement with URS Corporation for technical peer review services of two
runoff management plans and other work related to the preparation of the EIR for East
Orange/Santiago Hills II. The contract amount is not to exceed $98,700.00.
FISCAL IMPACT: None. The cost of these services will be paid for bv the applicant.
The Irvine Companv.
3.7 Consultant Services Agreement, RFP #034-17, for Hart Park Renovation
Design Services between the City of Orange and Rengel + Co., Architects. (A2100
AGR-4375)SUMMARY: The City requested proposals for the Hart Park
Renovation Design Services. It is recommended that the City Council approve the award
of Consultant Services Agreement, RFP #034-017, between the City and Rengel + Co.,
Architects in an amount not to
exceed $82,740.ACTION: Approved the professional services agreement, RFP #
034-17, between the City and Rengel + Co., Architects in the amount not to exceed $
82,740 for design services for the Hart Park Renovation; and authorized the Mayor
and City Clerk to execute the agreement on
behalf of
the City.FISCAL IMPACT:Sufficient funds exist
in the following accounts:
511-7021-481200-0027 (Hart Park Renovations):
320-
7021-481200-
0027 (Hart
Park Renovation
Proposition 12 funds):Total:40,000 42.740 82,740 3.8 Authorize the City
Treasurer to execute a 3-year contract for
banking services with Union Bank of California. (A2l00.0 AGR-2894.A)SUMMARY:
In September 2002, the City's Banking Services contract expired. In April 2003, formal bids
were sent out and the City received three responses. Based on the evaluation of
these bids, staff
is recommending the City renew its relationship with Union Bank of California.ACTION: Authorized
the City Treasurer to execute the contract, as well as any
related contracts,
necessary
CITY COUNCIL MINUTES October 28, 2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The City of Orange's banking services cost approximately $70,000
annually. These costs are netted against investment interest income, which is allocated to
all funds. The new Union Bank contract will reduce these costs by approximately $4,000
per year.
APPROPRIATIONS
3.9 Appropriation of funds for Local History Room in the New Main Library (C2500.I)
SUMMARY: On January 19, 1993, donations totaling $28,467.30 from various sources
were appropriated to a Library account for the furnishing and equipment of a Local
History Room in the new Main Library. These funds were not spent and were ultimately
returned to the General Fund in 1995 due to dire economic difficulties faced by the City
at that time. Staff is requesting that the funds be appropriated from unappropriated
General Fund reserves to the Library Local History Room account, to be used exclusively
for the furnishing and equipment of a Local History Room in the new Main Library.
ACTION: Appropriated $28,467.30 from unappropriated General Fund reserves to
Library Account No. 100-2011-449500-9985 (Main Library - Public
Services, Minor Office Furnishings,
History Room).FISCAL IMPACT: Results in an appropriationof $28,467.30 and
reduces the unappropriated General Fund reserves by
that amount.3.10 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 claim(s)
be denied.a.
Gracie Rivera ACTION: Denied Claim(s) for damages and referred to City Attorney
and
Adjuster.CONTRACTS 3.11 Award of Public Project Contract - Bid No. 034-13, the Destruction of
Water Wells No.2, 10 and 13. (A2l00.
0 AGR-4376)SUMMARY: This contract authorizes the destruction of non-usable
City water wells per Department of Water Resources Standard. General Pump Co. of
San Dimas, CA 91773 is
the lowest responsible bidder.ACTION: Awarded the contract in the amount of $50,520.00 to
General Pump Co., 159 N. Acacia Street, San Dimas, CA 91773 and authorized the Mayor and
the City Clerk to execute on
behalf of
CITY COUNCIL MINUTES October 28, 2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT:
600-
8011-425100 Funds are budgeted and are available in the
following account:55,570.00 Maintenance
of Wells 3.12 Award of Contract - Bid No. 034-11, Chapman Avenue
AHRP Rehabilitation,Loretta Drive to Hewes Street, SP 3430. (A2l00.
0 AGR-4377)SUMMARY: The City Council authorized receipt of public bids
for the Chapman Avenue AHRP project on August 12, 2003. The City received 8 bids,
and the apparent lowbidder is R.
I. Noble Company.ACTION: Awarded the contract in the amount of$I,106,633.00 to R.
I. Noble Company,15505 E. Lincoln Avenue,
Orange, CA 92856.FISCAL IMP ACT: Funds are available in
the following accounts:550-5011-483300-
3211 $ 696,450 Reimbursable Capital
Projects 272-5011-483300-
3211 $ 725,079 Gas Tax Total $1,421,529 3.13 Final Acceptance
of Bid No. 023-21; D-142; Shaffer Street Storm Drain Improvements,
Phase 1 from Santiago Creek to Culver Avenue and authorization to file
Notice of Completion with the County Recorder (No staff report required).SUMMARY:
Bid No. 023-21; D-142; Shaffer Street Storm Drain Improvements,
Phase 1 from
Santiago Creek to Culver Avenue. Contractor: KC Construction. Staff recommends
acceptance of improvements.ACTION: Accepted public work improvement, authorize release of Safeco Insurance Company
of America, Washington, Bond No. 5923929 in the amount of $379,950.00,
and authorized the Mayor
and City Clerk to execute the Notice of Completion.FISCAL IMP ACT: None.3.
14 Final Acceptance of Bid No. 023-33; SP-3435; Slurry Seal
at Various Locations 2002-03 and authorization to
file Notice of Completion with the County Recorder No staff report
required). (A2100.0 AGR-2590.E)SUMMARY:. Bid No. 023-
33; SP-3435; Slurry Seal at Various Locations 2002-03.Contractor:
Roy Allan Slurry Seal. Staff recommends acceptance of improvements.ACTION: Accepted public work improvement,
authorize release of Fidelity and Deposit Company, Maryland, Bond No. 086579699
in the amount
of $494,
CITY COUNCIL MINUTES October 28, 2003
3. CONSENT CALENDAR (Continued)
3.15 Contract Change Order No.1 and Final; Bid No. 023-33; Project No. SP-
3435, Slurry Seal at Various Locations for the fiscal year 2002 - 2003. (A2l00.0 AGR-
2590.E)SUMMARY: This Contract Change Order authorizes payment for extra work
at agreed unit prices. The extra work consists of additional water facilities with 90,000
square feet of slurry sealing, and the extra tonnages for various streets to prolong pavement
life. The total contract cost for this extra work is $65,
813.90.ACTION: Approved Contract Change Order No.1 in the amount of $65,813.90
to Roy Allan Slurry Seal, Inc. for the
extra work.FISCAL IMP ACT: Funds are budgeted and available in the
following accounts:262-5021-483300-3120 $58,
545.20 (Local Street Maintenance)600-8041-
424101 $
7,268.70 (Reservoir Facility Maintenance)DONATIONS 3.16 Accept donation from anOrange resident
for use in
the Fire/Rescue Paramedic program. (C2500.H)SUMMARY: An Orange resident has donated a check in
the amount of $500.00 to be used to
support the Fire Department's FireIRescue program.ACTION:
Amended the revenue budget 100-3022-293900 (paramedic donations)500.00.
Appropriate the funds
to Account No. 100-3022-471301 (paramedic furniture,machinery and equipment).
FISCAL
IMPACT:
The $500.00 donation will augment the FireIRescue (paramedic)budget.PURCHASES 3.17 Purchase of five (
5) Thermal Imaging cameras on a sole source basis. (C2500.H)SUMMARY: This is
a request that the City Council authorize purchase of five (5)Thermal Imaging Cameras on a
sole source basis in the amount of $69,527.44. When researching sources
for the thermal imager, the Fire Department found that Allstar Fire Equipment, Inc.
is the sole source provider in the Southern California region. Therefore,Allstar Fire Equipment,
Inc. is the only available
source for this thermal imager. This justifies this sole source acquisition ACTION:
Authorized the purchase of five (5) Thermal Imaging cameras from
Allstar Fire Equipment, Inc. in the amount of$69,
527.44. .
CITY COUNCIL MINUTES October 28, 2003
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.18 RESOLUTION NO. 9781 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Palm Avenue between Glassell Street and Center Street, and the temporary suspension of
permit parking restrictions within Chapman University Permit Area for a special event,
from 5:00 p.m. thru 10:30 p.m. on Saturday, November 7, 2003.
ACTION: Approved.
3.19 RESOLUTION NO. 9782 (C2500.J.4)
A Resolution of the City Council of the City of Orange regarding the 2003 Christmas
Holiday Closure.
ACTION: Approved.
3.20 RESOLUTION NO. 9783 (C2500.K)
A Resolution of the City Council of the City of Orange authorizing certain staff to
receive Federal Emergency Management Agency (FEMA) Community Emergency
Response Team (CERT) funds as administered by the Governor's Office on Service and
Volunteerism (GO SERV) on behalf of the city.
ACTION: Approved.
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY 4.1 Appointment
of City Traffic Commissioner; term to expire 6/30/2004.Mayor Murphy nominated
Nick Lall for an appointment to the Traffic Commission.Councilmember Coontz suggested
the Council return to the policy of giving all Councilmembers an opportunity to
interview candidates for Commission appointments; of perhaps having the Mayor choosing three
top candidates and having the Council interview those three. She also suggested Council be
given an updated list of all applicants and a copy of their applications prior to the appointment
as there is usually a long time between applications received and the actual appointment; and suggested
the names should also be placed on the Agenda. She expressed concern about the
process not working, and, therefore, wanted to abstain on this vote.PAGE 8
CITY COUNCIL MINUTES October 28, 2003
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor Murphy noted this was a vacant position on the Traffic Commission; and there are two
other members whose terms are up for consideration.
MOTION - Murphy SECOND -
Alvarez A YES -
Ambriz, Alvarez, Mayor Murphy, Cavecche ABSTAIN - Coontz Moved
to appoint Nick
Lall to the City Traffic Commission; term to expire June 30, 2004.5. REPORTS FROM COUNCILMEMBERS -
None.6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS 6.1 Confirm nominations of
Orange Elderly Services, Inc. Board of Directors (terms to expire 2006) (OR1800.0.2l)
Robert Tunstall and David Piper
MOTION - Alvarez SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche
Moved to confirm the nominations of Robert Tunstall
and David Piper to the Orange Elderly Services, Inc. Board of Directors; terms to expire
2006.7.ADMINISTRATIVE REPORTS TAPE !860 7.1 Report
from the Interim Director of
Finance - Approval of the financing team and various Consultant Services Agreements for professional and technical services
in connection with refinancing the bonds that were issued to
fund the costs of public improvements within the City's Community Facilities District No.
91-2 (Serrano Heights Public Improvements). (T1100.0.2)SUMMARY: Due to
an historic drop in interest
rates, it is recommended that the City refinance the bonds that were issued in November 2000
to finance the costs of public improvements within the City's Community Facilities District No. 91-
2 (Serrano Heights Public Improvements) (the CFD"). The refunding of these bonds will
result in lower interest costs and therefore, lower annual debt service payments. These debt service
payments are currently funded from assessments paid annually by the property owners
in the CFD. In order to initiate the refunding process, it is necessary to contract with
a number of consultants (the financing team) having professional and technical expertise related to the
refunding of the bonds.PAGE 9
CITY COUNCIL MINUTES October 28, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Rich Jacobs, Interim Finance Director, provided a report. In response to questions from
Councilmember Alvarez, he stated there are two opportunities annually to refinance, in April and
October. If these bonds are not refinanced at this time, the City will have to wait until next April
and be subject to the interest rates at that time.
MOTION - Coontz SECOND -
Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved Consultant
Services Agreements with Fieldman, Rolapp & Associates;Muni Financial; Quint &
Thimmig LLP; U.S. Bank; and Stradling Yocca Carlson & Rauth to provide consultant and
legal services; and authorized the Mayor and City Clerk to execute the agreements on behalf
of the City. In addition, directed staff to explore the option of creating a new Joint Powers
Authority (JPA) with the City Council as the governing board. The JPA will then refinance the
bonds and direct that the savings be used for required public benefits in the Serrano Heights area.
These benefits to include the construction of permanent Fire Station No.8 and the completion
of Serrano Heights park and improvements. Any balance of funds remaining would then be
used to reduce the annual tax assessments by residents in the district.FISCAL IMPACT: Payment
of fees for all of the consultants, including reimbursable expenses,will be contingent
on, and payable solely from the proceeds of the refunding bonds. There will be no impact
to the City's General Fund.8.REPORTS FROM
CITY MANAGER TAPE 1980 8.1 Status
Report on Yorba Park - Request for extension oftime for staffto return with recommendations. (N1200.0 NEG
1674-01)Mr. Gary Wann,
Community Services Director, reviewed the progress to date on the Yorba Park plan, explaining the
reasons why staff is requesting an extension of time to return with final recommendations.Councilmember Alvarez
suggested
this be continued until the second meeting III January,especially given the
upcoming holidays.Mayor pro tem
Cavecche asked about the environmental addendum and if that will cause problems with the
process; and asked for clarification on the funding.The Community Development
Director explained the environmental addendum will depend on what the final
plan is for the dog park. The original environmental document looked at the complete build out
ofYorba Park and as the plan changes, staff will have to determine if that has any environmental impacts
not considered previously or if it reduces some of those impacts.PAGE 10
CITY COUNCIL MINUTES October 28, 2003
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager explained the determination on the funding, who pays and how much, will be
a Council policy decision when the minimum mitigation measures are outlined and staff can
provide best estimates on the costs.
Councilmember Ambriz asked why Y orba Park is still closed, noting there appears to be
something open on the field that did not appear to be safe. He also asked for clarification on
identifying funding.
Mr. Wann explained the park is still closed awaiting a final site plan. Staff has reviewed funding
sources, but not specifically identified any, and he will be meeting with the City Manager on this
issue.
The City Manager explained funding for the dog park is not in the budget, and other funding
sources have not been identified.
Councilmember Ambriz suggested looking to the business community, such as pet stores and
veterinarians, for assistance with funding. He also asked why this item was going back to the
Parks Commission, noting this dog park was at the bottom of the Parks Commission's priority
list; and asked for clarification on the proposed MOU with the Dog Park Association.
Mr. Wann explained this item was going back to the Parks Commission as a courtesy to keep
them apprised of the plans.
The City Attorney reported an MOU, or contract, is being drafted between the City and the Dog
Park Association setting forth respective obligations of each side; with the understanding that if
the Dog Park Association does not live up to their end of the bargain, there is the potential to
close the dog park. Staff is also drafting an amendment to the park ordinance because as it reads
now, no dogs are allowed in any city park off leash.
Councilmember Ambriz pointed out these are difficult financial times for non profit associations,
and the Dog Park Association may have difficulty in keeping their funding going; and suggested
the City needs an alternative plan should this happen. He also asked for clarification on
obtaining County permits; and wanted to ensure that all safety issues are addressed, not just cost
issues.
Mr. Wann explained that if minor changes are made to the plan, such as moving it away from the
western property line, the City may not have to apply for certain permits from the County.
Councilmember Ambriz expressed concern about continuing this report, as there have been other
items continued that have not come back to the Council, such as the Grijalva Park community
center.
Mayor Murphy stated this is an opportunity to get a shelf-ready project together. Once this
is done, it will provide an opportunity for the Dog Park Association to raise money, as they
have not been able to do this without knowing for sure there was a project and a place. He
suggested this be extended to a date certain and hold to that date; and work the technical aspects of a
park site and deal with the financial aspects separate from that once it's ready. It would also
be beneficial to inquire within the private community for additional assistance and
support.PAGE
CITY COUNCIL MINUTES October 28, 2003
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Coontz stated the Council can not keep putting this off. It is important to decide
on a date and have timelines with descriptions of every issue that needs to be addressed, so
everybody knows exactly where each aspect of this project is. This has been put off long
enough. The Association could have tried to raise funds at the Street Fair, but without knowing
for sure what was going to happen, they were unable to do this. She also suggested the
Councilmembers talk to staff personally with individual concerns. She also noted the entire
Yorba Park was at the bottom of the Parks Commission's priority list, not just the dog park. The
entire park was a very expensive venture and was not the most important on the list.
In response to Councilmember Ambriz, Mr. Wann spoke on the proposed community center at
Grijalva Park. Staff is in the RFP process to hire an architect, with firm ideas and options as to
various alternatives for the building. They are also working with the Community Foundation
and their input. With regard to the dog park, he explained it has been difficult for the Dog Park
Association to raise funds because for a long time, there was uncertainty about the specific site
for the park.
Public Comments
Mary Dargatz, 2534 E. Burly, expressed concern about the environmental addendum. The
mitigation measures in the original plan made the dog park tolerable for the neighborhood, and if
the plan is changed and there is an addendum to the environmental document, the residents
should be able to review it and respond to it.
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to continue
to the January 27, 2004 Council meeting, with a direction to staff to organize the information so
that Council can readily go through it ahead of time.9. LEGAL AFFAIRS
9.1 ORDINANCE
NO 20-03 (FIRST READING) (A2500.0 City Manager)An Ordinance
of the City Council of the City of Orange amending Orange Municipal Code Sections 2.
16.030 and 2.16.060 pertaining to delegation of duties of the City Manager.Continued from
October 14, 2003.)MOTION - Alvarez
SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved that Ordinance No. 20-
03 was read by title only and same was set for second reading by the preceding vote.PAGE
12
CITY COUNCIL MINUTES October 28, 2003
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO 21-03 (SECOND READING) (A4000.0
APP-492)An Ordinance of the City Council of the City of Orange approving the Reclassification
of the following: (1) approximately 36 acres of property within the Santiago Creek Channel
south of Mabury Avenue and north of Santiago Canyon Road from sand and gravel
to recreation-open space; (2) approximately eight acres of property north of Santiago Canyon Road
from sand and gravel to recreation-open space; (3) approximately 34 acres of
property adjacent to Santiago Canyon Road and The Reserve development from sand and
gravel to R-I-8 (residential,minimum lot size, 8,000 sq. ft.); and (4) approximately 20
acres of property south of Santiago Creek and north of Santiago Canyon Road from sand
and gravel to R-I-6 (
residential, minimum lot
size 6,000 sq.
ft).Zone Change
1208-00 Applicant:
Fieldstone Communities, Inc.MOTION - Alvarez
SECOND - Coontz AYES - Alvarez,
Murphy, Coontz NOES - Ambriz, Cavecche Moved that Ordinance No. 21-03 was read by title only and
same was approved
and adopted by the preceding vote.10. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6: I 0 p.m. to a
Closed Session for the following purposes:a. Conference with Legal Counsel - Existing Litigation
pursuant to Government
Code Section 54956.9(a):1) Jess R. Garcia v. City of Orange, Orange County
Superior Court Case No. 02CC16293 b. Conference with Legal Counsel - Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (Two potential cases) Note: Only one
potential case was discussed.I) Orange Unified School District Claim
for Redevelopment Tax Money c. Public employee performance evaluation pursuant to Government
Code
Section 54957: City Attorney 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
CITY COUNCIL MINUTES October 28, 2003
12. ADJOURNMENT
MOTION - Ambriz SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche The City Council
adjourned at 7:45 p.m. Due to Veterans Day falling on Tuesday, November 11,2003, the
next regular Council meeting will be Wednesday, November 12, 2003 at 4:30 p.m..J444-1A~.de./
1A~AA' ~CASSANDRA J.
THCART, CMC CITY CLERK
PAGE 14