HomeMy WebLinkAbout6_10_2003 - Council MinutesAPPROVED 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.PAGE 1
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,
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
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,
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 of10,
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
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
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
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-
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.PAGE 9
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.PAGE 10
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.PAGE 11
1
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 PAGE 12
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.PAGE
13
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.
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 - Continueto 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 setfor
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
PUBLICHEARING 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
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