HomeMy WebLinkAbout10_22_2002 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 12, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 22, 2002
The City Council of the City of Orange, California convened on October 22, 2002 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
I.1 INVOCATION
Giyen by Reyerend Ginny Erwin, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 586
1.3 ROLL CALL
PRESENT - Alyarez, Mayor Murphy, Cayecche ABSENT -
Slater, Coontz 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS a) Mayor'
s Recognition Certificates were presented to Ricoh Corporation, Santiago Creek Greenway
Alliance and the Equestrian Coalition for their participation in Watershed Clean
Up Day on September 21,2002.b) A
presentation was made to Friends of the Orange Public Library in appreciation for their donations
to the Taft Branch Library Renoyation, accepted by Helen Viyiano,President.c)
A
Proclamation was presented to Vicki Porter and Jamie Fingal, representing the Girl Scout Council
of Orange County, proclaiming October 17 through 20, 2002 as the 49th National Conyention
ofGir] Scouts of the USA.d) Employee
Service Awards were presented to the following employees:Dayid Schweitzer -
Police (not present); Carey Cobb - Fire (not present); Chuck Lau -Community Development; Robert Miller - Police (
not present); Dayid Alton - Police.e) RESOLUTION NO. 9670 A Resolutionof
the City Council of
the City of Orange expressing thanks and appreciation to Cathy Knopf of the Finance
Department for twelye years of loyal and dedicated service.PAGE 1
CITY COUNCIL MINUTES October 22, 2002
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Alvarez,
Mayor Murphy, Cayecche ABSENT - Slater, Coontz
Moyed to approye Resolution
No. 9670.Cathy Knopf was unable
to attend the Council meeting. Resolution No. 9670 will be presented to her at
a farewell reception later that week.f) The June 30,
2001 Government Finance Officers Association Award for Financial Reporting Excellence was presented
to the Finance Department. This is the 15th year the City of Orange has
receiyed this award.g) Tim Paone, Community
Foundation of Orange, provided a reyiew of the Foundation,which is focusing on
building a community center at Grijalya Park, utilizing both public and priyate funds; and
introduced Roger Hobbs.Roger Hobbs, and his
wife Kathy, presented a check in the amount of $500,000 to the Community Foundation of Orange,
as a pledge to match, dollar for dollar, up to $500,000 to jump start the
campaign for a multi sports facility.The Council expressed their
deepest gratitude to Roger and Kathy Hobbs for their generosity.Michelle Turner was
introduced;
and presented a $1000 donation to the Orange Police Department in appreciation for
their assistance in helping her deal with the graffiti and neighborhood problems in the
Cypress Street area.2.PUBLIC COMMENTS TAPE
1015 Rick Cryder, address on
file, asked the Council to release the Enyironmental Impact Report on Yorba Park
so Council candidates can speak on the issue; questioned the cost of building the dog
park; and spoke on the methane gas problems at Y orba Park.Chris Adams, 1120 N.
Tustin, No. 102, reported he is trying to open an internet cafe, but has been told by
City staff he needs a Conditional Use Permit; and asked for assistance from the City Council
in getting his business opened.Mayor Murphy directed Mr.
Adams to speak with the City Attorney's Office or the Community Deyelopment Department.Councilmember
Cayecche explained there
is a moratorium on issuing Conditional Use Permits for new internet
cafes until April 2003; and City staff is currently working on requirernents for operating conditions.
PAGE 2
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approying 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 Conncil
agenda of a regular meeting of October 22, 2002 at Orange Ciyic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batayia, Shaffer Park,
summarized on Time-Warner Communications and ayailable 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 pnblic 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 ofthe City
Clerk.3.2 Request Council Confirmation of warrant registers dated October 3, 10,
2002.ACTION:
Approyed.3.3 Request approval of City Council Minutes, Regular Meeting, October 8,
2002.ACTION:
Approyed.3.4 Consideration to waiye 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,
2002.ACTION:
Approved.
AGREEMENTS 3.6 Proposed Cellnlar Antennas at EI Modena Park (A2100.0
AGR-4149)SUMMARY: PCS Sprint and Cingular Wireless submitted applications to
the City requesting to locate wireless cell phone antennas at EI Modena Park.
PCS Sprint proposes to locate antennas on one of the baseball field light poles and
Cingular Wireless proposes to locate an antenna inside a new flag pole. Both companies will
require ground space for equipment that will require the size of existing restroom building
to be expanded to accommodate this equipment. The proposals include improyements
to the restroom building, financial payment for park improvements and a monthly
lease fee.
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Lease Agreement with Cingular Wireless; approved the Lease
Agreement with Sprint PCS; and, authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
FISCAL IMPACT: The City would receiye the following: $44,300 in restroorn and
landscape improyements; and $2,500 ($1,250 per company) in monthly lease fees. The
City will also receive $60,000 ($30,000 per company) as a signing bonus.
3.7 Approval of Consultant Seryices Agreement with Shaw Enyironmental, Inc. for
methane gas monitoring at Yorba Park. (A2IOO.O AGR-
4151)SUMMARY: The County of Orange Local Enforcement Agency (LEA) has required
the City of Orange to monitor methane gas generated from the closed Yorba Landfill
located at Yorba Park. The City conducted a Request for Proposal (RFP) process from the
City and selected Shaw Enyironmental,
Inc.ACTION: Approyed the Consultant Services Agreement with Shaw Enyironmental,
Inc.Shaw); and, authorized Mayor and City Clerk to execute the agreement on behalf of
the
City.FISCAL IMPACT: If approyed, the Agreement will be funded in the following
account:100-7001-426700 Other Professional and Consulting Services
41,000.00 3.8 Attorney Seryices Agreement with the Law Firm of Rutan &
Tucker, LLP to proYide legal services. (A2IOO.
O AGR-3958.A)SUMMARY: The City utilizes the law firm of Rutan & Tucker
to provide legal services in connection with the Nieupointe, et al. v. City of Orange, et
at Orange County Superior Court Case No. 01CC02712
and Case No.
02CCI0430.MOTION - Murphy
SECOND - CaveccheAYES - Murphy,
Cayecche ABSTAINED - Alyarez
ABSENT - Slater, Coontz ACTION:
Approved and authorized the Mayor and City Clerk to execute the proposed contract
with Rutan & Tucker, LLP for a total sum of$45,000.FISCAL
IMPACT: Sufficient funds are ayailable in Legal Services Account No. 100-0301-
426100.
PAGE 4
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
APPROPRIA nONS
3.9 Authorization to appropriate $21,500 in federal matching grant funds for the
Historic Orange Preservation Online local history project and to amend the City's
revenue budget accordingly. (C2500.I)
SUMMARY: Orange Public Library has been awarded $21,500 in federal Library
Services & Technology Act matching grant funds for a project called Historic Orange
Preservation Online (HOPO). The grant will expand Orange Public Library's Local
History website online to provide public access to information and images of the
agricultural industry in Orange, the City's inventory of the 1,237 historic homes and
businesses in the Old Towne Orange Historic District, and Eichler homes in Orange.
City Council authorization is needed to appropriate the $21,500 and to amend the revenue
budget accordingly.
ACTION: I) Amended reyenue budget to add $21,500 from Historic Orange
Preservation Online grant funds (to account #100-2011-261500-9930).
2) Appropriate d 21,500 in Historic Orange Preservation Online grant funds as follows: $17,000 -
to 100-2011-426700-9930 (Other Prof. & Contractual Services); $4,
500 - to 100-2011-
410001-9930 (Project Salaries & Benefits)FISCAL IMPACT: The City is recelYlng $21,
500 in federal Library Services &Technology Act (LSTA) matching funds, administered by
the California State Library, to begin this project. An additional $27,500 sought from this
LSTA grant source has been promised by the California State Library after Orange
Public Library proyides a detailed workplan on how grant activities will be
accomplished, and obtains State Library approyal of that workplan. The total grant application - a $73,865
yalue requiring 1/3 local match - includes $17,865 of in-kind contributions from our
Library, e.g., the estimated value of Library staff time. Because this project is one of
the Main Library's major workplan objectiyes for FY 02-03, that staff time
has been planned in existing workloads. The $4,500 noted here for appropriation will
partially offset that $17,
865.REMOVED AND HEARD SEPARATELY)3.10 Request to accept into the City's revenue budget
and to appropriate donations from the Friends of the Orange Public Library ($
14,955.45). (C2500.I)SUMMARY: The Friends of the OrangePublic Library donated $
14,955.45 toward the recent re-opening of the Taft Branch Library: $8,000.00
to launch a new collection ofDVDs, and an additional $6,955.45 to purchase
five computers for Taft's Information Technology Center. Acceptance of this reyenue and
its appropriation into
the FY 02-03 budget are requested.Note: This item was considered prior to the
presentation to the Friends of the
Orange Public
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Alyarez AYES - Alyarez,
Mayor Murphy, Cayecche ABSENT - Slater, Coontz
ACTION: I) Accepted into
the City's reyenue budget a $14,955.45 donation from theFriends of the Orange
Public Library, as follows: $8,000.00 - to 100-2001-293900-9986Patron Donations
of Materials); $6,955.45 - to100-2021-293900-9989 (TaftlFriends
Donation - PCs). 2) Appropriate the Friends' donations as follows: $8,000.00 - to 100-2001-443101-
9986 (Patron Donations of Materials); $6,955.45 - to 100-2021-
471301-9989 (Taft / Equipment Additions / Friends Donation - PCs)
FISCAL IMPACT: The Library's ayailable funds for books and audioyisual materials
will increase by $8,000.00, and its ayailable funds for new computers will increase by
6,955.45 in FY 02-03, thanks to these donations from the Friends of the Orange
Public
Library.
BIDS 3.11 Project No. D-I41; CDBG Project - Collins Ayenue Storm Drain
Improyements from Shaffer Street to Cambridge Street. Approyal of plans and specifications,
and request for authorization to adyertise for bids. (C2500.M.
17)SUMMARY: Plans and specifications haye been completed for the Collins
Avenue Storm Drain Improyements Project. The project is ready to be advertised for bids.
The estimated construction cost is $460,000.00 including contingencies (10%),
and construction engineering (
5%).ACTION: Approyed plans and specifications and authorized adyertising for bids for
the CDBG Collins Ayenue Storm Drain Improyements construction
project.FISCAL IMPACT: Funds are budgeted and are ayailable in the Capital
Improyement Program in the following
account:310-9645-483400-5333 Community Dey. Block
Grant (CDBG) $ 390,000 3.
12 CLAIMS (C3200.0)The City Attorney recommends that the Orange City
Council deny the following
Claim(s) for
damages:a. Chad Richter ACTION: Denied C1aim(s) for damages and referred to
City Attorney
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Mills Act Contract No. MAC-87.0-02, (Historic Property
Preservation Agreements).A2IOO.
O AGR-4152)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 $40,210. Location:
262 N. Pine Street.ACTION: Approyed a Mills Act Contract (
Historic Property Preservation Agreement)between the City of Orange and the property owner, (application
No. MAC-87.0-02), 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 $273 per year.3.14 Mills Act Contract No.
MAC-88.0-
02, (Historic Property Preservation Agreements).A2IOO.O AGR-4153)SUMMARY: A proposal
to approye Mills Act Contract for a historic, single-family residence
and guesthouse 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 $55,075. Location: 237 N. Pine Street.
ACTION: Approyed a Mills Act Contract (Historic Property Preservation Agreement)between the City of
Orange and the property owner, (application No. MAC-88.0-02), 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 $270 per year.3.15 Deferral of
Construction for Hewes Street from Bond Ayenue to Villa Park Road
and authorization to adyertise for Hewes Street Interim Safety Improvements. (
C2500.M)SUMMARY: Public Works recommends deferral of the construction for realignment and widening
on Hewes Street from Bond Ayenue to Villa Park Road. Deferral
will provide the ability to redirect funding toward matching recently awarded street
rehabilitation grant funding for repair of Chapman Avenue. In addition, deferral will allow the City
to seek grant funding and address changes requested by area residents for the Hewes
proj ect. As an interim measure, authorization
to advertise
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION:
I) Approyed the cancellation of the Public Works contract with RJ. Noble Company for
the construction of Hewes Street from Bond Ayenue to Villa Park Road.
2) Authorized the advertisement for bids for interim safety improvements on Hewes
Street. 3) Transferred appropriation of$739,331.00 from account 272-
5011-483300-3243 Hewes St. Widening) to account 272-
5011-483300-3112 (Arterial Street Maintenance).4) Appropriated $6,301.00 from unappropriated reserves of
Fund 272 (Gas Tax)
to 272-5011-483300-3112 (Arterial Street Maintenance).FISCAL IMPACT: After the appropriation, $745,632.
00 of Gas Tax 2105 funds will be ayailable to match
Grant Funding from the Orange County Transportation Authority Arterial Highway Rehabilitation Program (
AHRP) for
the City's street resurfacing and rehabilitation program.It is estimated that interim
safety improyements will cost approximately $75,000.00.
Funds
are
currently budgeted in
the following accounts:
550-5011-483300-
3243 285-5011-
483300-3243 151,690.00 414,665.00 Reimbursed Capital Projects TSIP Area "C"3.16
Award of Contract - Bid 023-04; La
Veta Ayenne Street Widening: Main Street to Batayia Street, (SP 3284). (A2100.0
AGR-4154)SUMMARY: The award of the construction contract will proyide for the widening
and street reconstruction of La Veta Avenue from Main Street to 200-feet east
of Batayia Street. The improyements include the widening of the street
to three lanes in each direction, replacement of the existing asphalt concrete driye
surfacing, curb, gutter,sidewalks, storm drain pipe and inlets, street lights, modification to the
existing traffic signals, and installation of
new
queen palm street trees in accordance with the Design Standards for the Southwest
Project
Area.ACTION:1) Appropriated $882,535.00 from Fund 272, unappropriated reserves, to
account No.272-5011-483300-4039.2) Appropriated $36,251.25 to 550-
5011-483300-4039 and
amend the reyenue budget to reflect the expected receipt of $
36,251.25 from Orange County Transportation Authority in Account
No. 550-5011-264900-4039.3) Transferred $2500.00 from Account
No. 262-5011-483300-3207 (Chapman Rehab-Cambridge to Tustin)
to Account No. 262-5011-483300-4039 (LaVeta AYe. Widening).4)
Transferred $72,000.00 from Account No. 262-5011-483300-
3208 (Chapman
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
6) Transferred $137,094.00 from Account No. 272-5011-483300-
4004 (Glassell St.Rehab-Maple to Walnut) to Account
No.
272-5011-483300-4039 (LaVeta Ave Widening).7) Transferred $5,
336.00 from Account No. 272-5011-483300-4037 (
Tustin-Fairhayen to COllins) to Account No. 272-5011-483300-4039 (
LaVeta Aye Widening).8) Transferred $84,099.00 from
Account No. 272-5032-483100-6096 (Replacement of Failsafe Devices) toAccount No. 272-5011-
483300-4039 (LaVeta Aye Widening).9) Awarded a construction contract in the amount
of $2,055,417.50 to Sequel Construction, 13546 hnperial
Hwy, Santa Fe Springs, CA 90670 and authorize the
Mayor and City Clerk to execute on
behalf
of
the
City.
FISCAL IMPACT:
Upon completion
ofrecommended appropriation
and transfers funds
shall be available in
the
following accounts:
550-5011-483300-
4039 286-5011-
483300-4039 262-5011-483300-4039 272-5011-483300-4039 873,653 168,193
208,362 1,154,630 Total $2,404,838 OCTA TSIA (JPA)Measure M Turnback
Gas Tax 2105 3.17 Award of Contract - Roof Repairs at Fire Headquarters. (A2IOO.
0 AGR-4155)SUMMARY: The roof at Fire Headquarters has three major
areas of leakage as well as several minor leaks. To stop possible
extensive water damage, repairs are needed to
the entire roof. This will inyolye application of Western Colloid Fluid Applied Reinforced Roof System per
Western Colloid specifications. The system was used on the Administration and Public
Works buildings last year.ACTION: Awarded Bid No. 023-07 in the amount of $
48,749.00 from the low bidder,Scholten Roofing Service Company, 23401 Madero, Suite C,
Mission Viejo, CA 92691 and
authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL
IMPACT:
Funds in the amount of $77,124.00 are ayailable in account
number 565-5028-485100-2511, Fire Headquarters Roof Replacement.3.18 Award of Contract - Cleaning & Sealing Exterior
Walls of Police Building. (A21000 AGR-4I56)SUMMARY: The exterior tile walls of
the Police Headquarters require cleaning and sealing every 5 years to prevent internal damage from
rainwater, and it is time to haye the procedure done again. The City Council authorized
adyertising for bids for this service on August 27, 2002. The bid opening was
held
on September
26,
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
ACTION: 1) Rejected the bid proposal from C.B. Construction as non-responsiye;
and 2) Award Bid No. 023-06 in the amount of $38,355.00 from the second low
bidder, Ski Incorporated, a California corporation, d.b.a. Bielski Window & Masomy
Cleaning, 1200 Lance Driye, Anaheim, CA 92806 and authorized the Mayor and City Clerk
to execute on behalf
ofthe City.FISCAL IMPACT: Funds in the amount of $43,945.00 are ayailable in
account number 725-5028-481200-9826,
Police Headquarters
Exterior Wall Sealing.LOAN PROGRAMS 3.19 City of Orange Deferred Payment Loan (
DPL) Program (4S02 SimmonsAvenue)
C2S00.0 G.l.l)SUMMARY: In 1985, Velma Richardson (the
homeowner), receiyed a Two Percent DPL in the amount of $15,000 through the
City's Home Improyement Program.Additional property improvements in the amount of $18,
672 are now needed. The current DPL limit is $25,000. Staff is asking Council to
approve a modified loan amount of $33,672. The term of the loan would not be
amended, remaining due and payable upon the sale
or transfer of the property.ACTION: 1) Authorized staff to exceed the $25,000 DPL limit
by $8,672, approyed the homeowner's modified DPL loan in the amount of $33,
672, and prepare all necessary loan documents; and 2) Authorized the City Manager
to execute all necessary documents
on behalf of the City.FISCAL IMP ACT: Sufficient funds are appropriated
for this purpose III Account Number
315-
9652-485701-1298 (Deferred Payment Loan Account).PURCHASES 3.20 Acquisition of database services and
books for the Orange Public Library from Gale Group, Inc.,
in the amount of $66,000. (C2S00.I)SUMMARY: Request that the City
Council authorize a $66,000 purchase order with Gale Group, Inc., for database
services and books for the Orange Public Library.ACTION: Authorized the purchase
order for the acquisition of database services and books for the Orange Public Library from Gale
Group, Inc., in
an amount not to exceed 66,000.00.FISCAL
IMPACT: Sufficient funds exist in the following
accounts:100-2001-443101-9320 - Electronic
Resources - $36,000
100-
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.21 RESOLUTION NO. 9661 (C2500.J.1.I)
A Resolution of the City Council ofthe City of Orange amending the Master Schedule of
Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to
construction water sales.
ACTION: Approyed.
3.22 RESOLUTION NO. 9665 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
Deferred Compensation Plan in the form of the ICMA Retirement Corporation Deferred
Compensation Plan and Trust.
ACTION: Approved.
3.23 RESOLUTION NO. 9666 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
qualified retirement plan in the form of the ICMA Retirement Corporation Goyernmental
Money Purchase Plan and Trust.
ACTION: Approyed.
3.24 RESOLUTION NO. 9667 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a
Deferred Compensation Plan in the form of the Nationwide Retirement Solutions, Inc.
restated and amended deferred compensation plan and trust/custodial document for public
employees.
ACTION: Approyed.
3.25 RESOLUTION NO. 9669 (C2500.J.1.2)
A Resolution of the City Council of the City of Orange amending and restating a deferred
compensation plan.
ACTION: Approyed.
PAGE 11
CITY COUNCIL MINUTES October 22, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Alyarez SECOND -
Cayecche AYES - Alyarez,
Mayor Murphy, Cayecche ABSENT - Slater, Coontz
Item 3.1 0
was remoyedand heard separately. Mayor pro tern Alvarez abstained on Item 3.8. All other
items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR
MURPHY Mayor Murphy reported this
was Red Ribbon Week, in conjunction with the School District, to raise awareness of the
problems of drugs and to remain drug free.5. REPORTS FROM COUNCILMEMBERS -
None.6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None.7.ADMINISTRATIVE REPORTS TAPE 1260 7.
1 Report from the Police
Chief pertaining to the allocation of Local Law Enforcement Block Grant (LLEBG) 2002 funds. (C2500.
K)SUMMARY: The U.S. Department of
Justice has made funds ayailable under the FY 2002 LLEBG Program. Under this Program the
City was allocated $108,518. This grant requires a cash match of $12,058, for
a total award of $120,576. The City's FY 2002 award date was August 5, 2002, and it has
until November 4, 2002 to request these funds for purchases of equipment and technology related to law
enforcement. The Board made a non-binding recommendation to allocate LLEBG 2002
funds and the cash match for the purchase of two SWAT vehicles, one for equipment
and one for personnel transport.Police Chief Romero proyided a
brief report. In response to questions by Mayor pro tern Alyarez, he reported a committee
will be formed to determine what equipment is actually needed in the yehic1es, but the
Police Department already possesses much of the equipment that will probably be used.MOTION - Murphy
SECOND - Cayecche AYES -
Alvarez, Mayor Murphy,
Cavecche ABSENT - Slater,
Coontz ACTION: Appropriate LLEBG 2002 funds - $
108,518 to account
number 353-4011-471301-2240 (Federal Police Grants-Police Administration-Equipment-LLEBG
02); Appropriate 12,058 of Federal Asset
Forfeiture funds to account number 355-4011-471301-2240 (Federal PAGE 12
CITY COUNCIL MINUTES October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Asset Forfeiture-Equipment-LLEBG 02) to satisfy the cash match requirement of
the LLEBG 2002 grant; Require Staff to return to City Council with specific expenditure plan
prior to expense ofLLEBG
2002 funds.FISCAL IMP ACT: Unreserved fund balance is available in the 2002 LLEBG Fund
and Federal Asset
Forfeiture Fund.
TAPE 1400 7.2 Report from the Economic Development Director regarding
Acquisitiou Grant Agreement to Orange Housing Development Corporation for the acquisition of
six parcels on West Chapman (Citrus Community Apartments). (A2100.
0 AGR-4148)SUMMARY: The Orange Housing Deyelopment Corporation (OHDe) is in
escrow to acquire six contiguous properties on West Chapman between Lester and Citrus totaling nearly
1.5 acres.It is the intent of OHDC to develop the site as a multi-family affordable
housing project, to be called Citrus Community Apartments. OHDC is requesting $2,242,136
in funding assistance for property
acquisition and pre-deyelopment actiyities.See ORA
Minutes Item No. 7.1)Rick Otto, Sr. Housing Manager, reported on the project,
presenting pictures of the existing
buildings and
the proposed project.Council Ouestions Mayor pro tem Alyarez asked about the notification
process to the surrounding neighborhoods,how staff determined that the best use of this property was residential, and if
there is a time limit for
the use of these funds.Mr. Otto explained the specifics of the project will go through the
reyiew process and all public hearings will be noticed to the surrounding neighborhood within a 300
foot radius plus any other residents who wish to be notified. Staff will also be talking
with the neighborhood about the project. He explained this request is just for the acquisition of the
property and that if the proposed deyelopment does not go through, the property will revert
back to the City. Staff concluded that commercial or office use would not be financially
yiable and that high density residential was the best use of the property. There is a time limit for
the
use of Federal HOME funds.Councilmember Cavecche noted a rezone of the subject property would
be necessary for a multi family housing project and asked if staff is looking at the oyerall area and
if the use of these funds locks the City
into a housing proj ect.Mr. Otto explained West Chapman, from the railroad tracks to Main
Street, is more residential in nature and this type of project would be complimentary to
the surrounding neighborhood. If a non-housing project were to be deyeloped, the City would
haye to
CITY COUNCIL MINUTES October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Public Comments
John Baker Jr., 1051 Arbor Way, stated he had been told this was to be a senior housing project,
not a low income housing project; and spoke on the impacts this type of project would haye on
the neighborhood.
Kimberly Bottomley, 1005 W. Arbor Way, spoke against this property being used for low
income housing, but suggested the City should purchase the property and deyelop it in another
way.
Jerry Mayes, 1042 W. Arbor Way, expressed concern about the impacts a low income housing
project would haye on the neighborhood.
Tony Escoval, 175 N. Citrus, spoke against low income apartments for this area, and asked for
the same consideration and improvements for West Chapman as giyen to East Chapman.
Council Comments TAPE 2065
Councilmember Cavecche questioned whether this was an appropriate place for housing because
of its proximity to Chapman, although there is a real need for affordable family housing in
Orange. She understands the concern of the residents for putting this type of use in the area, and
suggested there needs to be a greater overview of the whole area, not just each parcel. She stated
this area of Chapman needs attention and suggested there be more emphasis put on this area.
She clarified this request is just to allocate money for the purchase of the property and it is
important for the City to get involyed in this area. It will also be easier to develop the area with
larger parcels such as this.
Mayor Murphy stated the purchase of this property is the beginning and a step forward for the
City to get inyolved, that this area could use the assistance of the City and the Redevelopment
Agency. He noted there will be many reyiews for any project that is proposed for this property.
Mayor pro tern Alyarez stated it could be an adyantage for the adjacent neighborhood if the City
were the property owner. He encouraged the neighborhood to participate in the deyelopment
process and also to contact staff with questions and suggestions; and asked staff to provide
addresses of similar projects to the neighbors. He stated he would not approve anything that
would have a negative impact on the neighborhood; but supports the City purchasing the
property.
MOTION - Alyarez SECOND -
Cavecche AYES Alyarez.,
Mayor Murphy, Cavecche ABSENT - Slater,
Coontz PAGE 14
CITY COUNCIL MINUTES October 22, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Adopted Resolution No. 9668 - A Resolution of the City Council of the City of Orange approving
an Acquisition and Pre-development Grant Agreement by and among the City of
Orange, the Orange Redevelopment Agency and Orange Housing Deyelopment Corporation
regarding property located on West Chapman Ayenue between Lester Street and Citrus Street
and making certain findings.
1. Transferred $229,350 from Account No. 317-9660-485100-1210 (
prior year HOME Community Housing Deyelopment Organization [CHDO] Funds) and $533,
336 from Account No. 317-9660-485100-1250 (prior year HOME
Deyeloper Funds) to Account No. 317-9660-485802-9208 (HOME -
Citrus Apartments Acquisition Grant project account) [CITY]2. Appropriated $204,000 from
HOME Developer Funds to Account No. 317-9661-485802-9208 (
HOME - Citrus Apartments Acquisition) for the project. [CITY]3. Appropriated $119,000 from
Federal Rental Rehabilitation Funds to Account No. 316-9661-485802-9208 (
Federal
Rental Rehab - Citrus Apartments Acquisition) for the project.CITY]4. Transferred $
146,251 in Set-aside Funds from Account No. 913-9800-485701-9152
Esplanade Apartment Project) and $75,238 in Set-aside Funds
from Account No. 941-9800-485702-9151 (Villa Modena
Housing Project) to Account No. 941-9800-485802-9208 (Housing Set-aside -
Citrus Apartments Acquisition) for the project. [AGENCY]5. Appropriated $695,261
in Housing Set-aside Funds to Account No. 941-9800-485802-9208 (Housing
Set-aside - Citrus Apartments Acquisition) for the project. [AGENCY]6. Appropriated $
239,700 in Housing Rehabilitation Loan Funds
to Account No. 931-9800-
485802-9208 (Housing Rehab - Citrus Apartments Acquisition) for the project. [
AGENCY]8. REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS - None.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The City Council recessed at 6:00 p.m.
to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (
one potential case)b 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
CITY COUNCIL MINUTES October 22, 2002
7:00 P.M. SESSION
12.PUBLIC COMMENTS TAPE 2450
The following people spoke on the Cypress/Lemon/OliYe Street areas. Their concerns included
the purchase of properties by Chapman Uniyersity; displacement of homeowners; the need for a
master plan from the City and Chapman University; rumors of eminent domain; an increase in
pedestrian and yehicle traffic from the Uniyersity; and the need to maintain a single story
neighborhood.
Madeline Macias, 421 N. Cypress, submitted a map and petition containing approximately 25
names.
Vince Rodriguez, 400 N. Citrus, owner of 470 N. Lemon
Bea Vega, 486 N. 01iye
Mike Bettencourt, 455 N. Cypress
Roseanne Rodriquez, 472 N. Lernon
Gary Bissonnette, 240 E. Taft, representing his family on Lemon Street
Augie Morales, 1822 Deyon, Vista, owner of392 N. Lemon
Mayor Murphy noted the City is not inyolved in any way in any real estate transactions between
private individuals.
Mayor pro tern Alyarez suggested a meeting between the citizens, Chapman University and the
City to look at the impacts of the neighborhood; and yolunteered to take the lead in setting up
such a meeting after the holidays.
Juan Pablo Serrano Nieblas, 224 N. Oliye, a marijuana actiyist, asked for implementation of
Proposition 215 in the City of Orange which allows the compassionate use of medical marijuana.
13.PUBLIC HEARINGS TAPE 3245
13.1 MITIGATED NEGATIVE DECLARATION NO.
AGREEMENTS - CONSTRUCTION AND OPERATION WELL
NO. 27; 2443 N. BATAVIA (NI200.0 NEG 1691-02)
1691-02 AND
JOINT OF DOMESTIC
WATER Time set for public hearing to consider adoption of Mitigated Negatiye Declaration
1691-02 which eyaluates the potential environmental impacts of the drilling and operation of a
new water well and construction of related storm drains; and authorization to negotiate agreements
for joint participation in a regional plan to store surplus water and the design, construction
and financing of related water
facility improyernents.The Community Deyelopment Director reported this is a request for staff to
begin negotiations with yarious water agencies to enter into a regional plan to increase the ability to
store water within the basin. Enyironmental impacts were eyaluated on this project, and it
was determined that with mitigation measures, there would not be a
significant impact.
PAGE
CITY COUNCIL MINUTES October 22, 2002
13. PUBLIC HEARINGS (Continued)
In response to Council questions, the Public Works Director reported this project is not part of
the groundwater replenishment system. The water that would go into the basin is water that is
being spread at the present time. In the future, if water is spread in the Kramer Basin area along
the Santa Ana River, that water would percolate into the same groundwater basins that are
accessed by this well system. But this is after it is percolated, and not directly pumped, and a
number of years away.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Richard Adair, 610 W. Fletcher, was concerned about water rates going up and also the financial
impacts this would haye on his business because it runs across his property, and would create a
financial burden ifthey haye to giye up property.
Richard Peltzer, 333 W. Fletcher, asked for a guarantee that the quality of water will stay the
same; and also asked about the Fletcher Basin.
Marty Adair, 2390 American Way, spoke on the impacts this may have to her property.
Bob Bennyhoff, Orange Park Acres, spoke in support of this well, as there is a State water crisis
and this will help the City to prepare for that.
Steve Smith, Water Manager, stated there is some confusion between this City project and a
reclamation effort that may be going on in the future at the Fletcher Basin. The City project is to
construct a new water well to replace an existing well on property the City already owns. It is
separated from the Fletcher Basin project by another parcel. The Fletcher Basin is owned by the
County Flood Control.
The Public Works Director clarified some comments made by the County on this project that
have created some confusion. There is an existing drain line that comes off the reservoir site.
The environmental document references a need to increase the size of this drain line from 12 to
18 inches. That line is for the purpose of accepting discharge from flushing actiyities during
construction of the facility or during start up of it. Also, this project is not intended to deal with
flood control or modify in any way the Fletcher Basin. There is another project that is being
discussed that would possibly involve use of the Fletcher Basin for recharge or may involve
some up sizing of that storm drain that would eliminate the need for the Fletcher Basin as a
retarding basin; and there are some issues in connection with that project with respect to
easements for the storm drain facility.
The Public Works Director clarified this project is a water supply project - todrill a well, and upsize
a drain line from 12 to 18 inches. The drain line connects into the box section of the storm
drain that is adjacent to the site and does not affect the adjacent properties in any way.MAYOR
MURPHY CLOSED THE PUBLIC HEARING TAPE 3925 PAGE
17 I
CITY COUNCIL MINUTES October 22, 2002
13. PUBLIC HEARINGS (Continued)
The Public Works Director reported the City does meet all water quality standards established by
all standard setting agencies; and issues an annual Consumer Confidence Report which indicates
the status of the City's water quality. With regard to recharge issues, that is within the
jurisdiction of the Orange County Water District, as they are looking for areas to improve
recharge capabilities which would allow the County to be less dependent on imported water
supplies and develop local water supplies to the maximum extent possible.
Orange County is dependent upon imported water, and 25% of the water the County utilizes at
the present time is imported water, which will probably go higher because of the depletion of the
groundwater basin. This project is intended to address that issue by allowing the storage of more
water in the groundwater basin and the ability to access it when needed.
He also reiterated there are no storm drain improvements as part of this project. The drain line
that is mentioned in the enyironmental document does not carry storm water. It is a discharge
line for the well and it is water from the well that goes into that line, not stormwater. It needs to
be upsized because there will be greater well capacity and in order to accommodate when
discharge is necessary, the pipe needs to be larger than the current 12 inch pipe.
Councilmember Cavecche confirmed the storm drain is just for flushing the well, the City is just
drilling a deeper well in the same area and the storage of water is in the current water basin and
not being put in a larger tan1e She suggested the City keep informed of what the County is doing
in the adjacent basin.
MOTION - Alyarez SECOND -
Murphy AYES - Alyarez,
Mayor Murphy, Cayecche ABSENT - Slater, Coontz
Adopted Mitigated Negatiye Declaration/
Mitigation Monitoring Program 1691-02 in accordance with the California
Environmental Quality Act and the City's local CEQA Guidelines.MOTION - Alyarez SECOND -
Murphy AYES - Alvarez,
Mayor Murphy, Cayecche
ABSENT - Slater, Coontz Authorized City staff
to negotiate an agreement
with Orange County Water District (OCWD),Municipal Water District of Orange County (MWDOC)
and Metropolitan Water District of Southern California (MWD) for the City's
participation in a regional plan to store surplus water,the joint operation of the new water
well and for the design, construction and financing of new water facilities.14. PLANNING AND ENVIRONMENT - None.
PAGE 18
CITY COUNCIL MINUTES October 22, 2002
15. ADJOURNMENT
MOTION - Cayecche SECOND -
Alvarez AYES - Alyarez,
Mayor Murphy, Cayecche ABSENT - Slater, Coontz
The City Council adjourned
at 7:50 p.m.tdt ~~~CASSANDRA J THCART,
CMCCITYCLERKfr1ifKf!it{
v MAYO PAGE19