HomeMy WebLinkAbout4_23_2002 - Council MinutesAPPROVED BY CITY COUNCIL ON MAY 14, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 23, 2002
The City Council of the City of Orange, California convened on April 23, 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
1.1 INVOCATION
Given by Mr. Warren Johnson, Assistant Coordinator, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 155.
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONSIANNOUNCEMENTSI INTRODUCTIONS The following
employees received Employee Service Awards:Sharon Pentilla -
Community Development; Daniel Bruno - Finance (not present);William Chau - Library; Patrick
Thayer - Police; Michael Hadley - Public Works (not present); Dave Goodwin - Community Services (not present);
Paul Martinez -Community Services (not present)Patricia Gruett, Gruett Tree Company,
Inc. announced the 104
Years of Friendship Tree Planting Ceremony and Community Celebration event on April 27,
2002; in which a Ficus Tree, donated by Gro-West Nurseries, will be
planted. There will also be wooden bowls and vases available, made by the Orange
County Woodworkers Association, from the original tree that fell a few months
ago.MOTION - Murphy SECOND - Coontz AYES - Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche
Moved to accept
a check in the amount of $1000, from
one of the contributors involved in the tree planting ceremony on Saturday, April 27, 2002; to
disperse that check as part of the costs involved in planting the tree; to be payable
to the Gruett Tree Company upon planting of the tree.PAGE 1
CITY COUNCIL MINUTES April 23, 2002
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Proclamation presented to Doug Kokesh, Orange Street Tree Coordinator and Pat
Mahony, President/Owner of West Coast Arborists Inc., honoring "Arbor Day in
Orange". This is the 14th consecutive year Orange has been recognized by the National
Arbor Day Foundation as a Tree City U.S.A.
Announcement of Tree Planting - approximately 25 trees are to be planted on the 700 and 800
blocks of North Morgan Street; activities will begin at 8:30 a.m. on April 27, 2002 and
conclude by II :00 a.m.; volunteers are welcome.Recognition
was given to St. Norbert's School for receiving the trophy for highest participation (
69.1 %) in the 2002 Dash for D.A.R.E. Track and Field Meet; and recognition
was given to City Employees who volunteered their time to the 2002 Dash for
D.A.R.E. Track and Field Meet.2.
PUBLIC COMMENTS - None.3.CONSENT
CALENDAR TAPE 840 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 frorn
the Consent Calendar, all items removed shall be considered immediately following action
on the remaining items on the Consent Calendar.3.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of April 23, 2002 at Orange Civic Center, Main Library at 101
N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board,
summarized on Time-Warner Communications 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 April 4 and 11, 2002.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Adjourned Regular Meeting April 2,2002
and Regular Meeting April 9, 2002 ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
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 March 31, 2002.
ACTION:Approved.
AGREEMENTS
3.6 Annual Maintenance Agreement between the City and Berryman & Henigar to
update the annual Governmental Accounting Standards Board (GASB) 34
Infrastructure Valuation Report in an amount not to exceed $6,000. (A2100.0 AGR-
3581.A)
SUMMARY: The City has previously contracted with Berryman & Henigar for the
valuation of the City's infrastructure in order to meet the requirements of GASB
Statement No. 34. This Annual maintenance Agreement would provide for annually
updating the Valuation Report for fiscal year 2001-02,2002-03 and 2003-04.
The cost is 6,000 for the first year and $2,400 for
each future year.ACTION: Approved the Annual Maintenance Agreement updating
valuations for GASB 34 Infrastructure Services to Berryman & Henigar in the amount
of$6,000.FISCAL IMPACT: Funds are available in the amount of $6,000
in account 100-1231-426700 (Finance General Accounting -
Other Professional Services).3.7 Amendment to purchase order for the acquisition of database
services for the Orange Public Library facilities from Gale Group, Inc., in an amount
not to exceed 9,200.
00. (C2500.I)Note: Mayor Murphy abstained due to
a business conflict.SUMMARY: Request that the City Council authorize an amended
purchase order with Gale Group, Inc., for database services for the
Orange Public Library.ACTION: Authorized the purchase order for the acquisition of
database services for Orange Public Library facilities from Gale Group, Inc., in the amended
amount not to exceed $
65,800.00.FISCAL IMPACT: Sufficient funds exist in the
following account: 100-2001-443101-9320 - Electronic Resources - $
37,400.
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
APPROPRIATION
3.8 Appropriation for Brownfields Economic Redevelopment Initiative Grant.
C2500.M.4.15)
SUMMARY: The City has been awarded federal grant funding under the Brownfields
Economic Redevelopment Initiative for the environmental assessment studies of the
former Union Pacific Railroad Property and Cerro Villa Park. Both of these properties
are former landfills for which the City will need to perform environmental and
remediation assessments. The federal grant is in the amount not to exceed $200,000.
ACTION: Appropriated funds for the Brownfields Economic Redevelopment Initiative
Grant Fund as follows:
510-
7021-
485100-0152 510-7021-
485100-0147 Cerro Villa
Geotech Study Railroad
Property Geotech Study
72,000.00 68,000.00 FISCAL IMPACT: After the appropriation is
approved, sufficient funds will
be
available
in the following accounts:
510-7021-485100-0152
510-
7021-485100-0147
Cerro Villa Geotech
Study Railroad Property
Geotech
Study Total 72,000.00 128.000.00 200,000.
00 BIDS 3.9 Arterial Highway Rehabilitation Program - Chapman Avenue
Pavement Rehabilitation from Lewis Street to Manchester Avenue (SP-3331); Approval of
Plans and Specifications and Authorization to Advertise for Bids. (S4000.S.
7)SUMMARY: Plans and Specifications have been completed for the Chapman Avenue
Pavement Rehabilitation from Lewis Street to Manchester Avenue. The project
is ready to be advertised. The estimated construction cost is $398,
544.ACTION: Approved plans and specifications and authorized advertising
for the Chapman Avenue Pavement Rehabilitation from Lewis Street to Manchester Avenue.
FISCAL IMPACT: Funds are available
in the Fiscal Year 01-02 Capital Improvement
Program
in the following accounts:550-5011-483300-3217 $
164,
337 ArterialHighway Rehabilitation Program (Pavement Rehabilitation)920-9811-483300-
3217 $153,586 Southwest
Project & Loan
Administration (
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
3.10 Arterial Highway Rehabilitation Program - Newport Blvd. Pavement Rehabilitation from
Canyon View Avenue to White Oak Ridge (SP-3332); Approval of Plans and
Specifications and Authorization to Advertise for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Newport Blvd.
Pavement Rehabilitation from Canyon View Avenue to White Oak Ridge. The project is
ready to be advertised. The estimated construction cost is $245,520.
ACTION: Approved plans and specifications and authorized advertising for the Newport
Blvd. Pavement Rehabilitation from Canyon View Avenue to White Oak Ridge.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital
Improvement Program in the following
accounts:550-5011-
483300-3417 $60,
616 500-5011-483300-
3417 $106.330 Total
Funds $166,
946 Arterial Highway Rehabilitation Program
City Funds 3.11 CLAIMS (C3200.0)The City Attorney recommends that
the Orange City Council
deny the following
Claim(s) for damages:
a. Lisa Donee b. Judith J. Lewis c.
State Farm Insurance (subrogee of Lisa Donee)ACTION: Denied Claim(s) for damages
and
referred to City Attorney and Adjuster.CONTRACTS 3.12 Award of Contract - Police Department
Locker
Room Expansion. (A2100.0 AGR-3992)SUMMARY: The project improvements include the
conversion of the EOC sleeping area to expanded locker space in both the men and women'
s locker rooms. This project will increase the men's locker room by 51 and the women's
locker room by 27. The original project budget was $79,000 but due to ADA
requirements, an additional $43,000 is necessary to cover these
improvements and have sufficient contingency funds.ACTION: Appropriated $43,000 from unreserved
State Asset Forfeiture funds to account number 356-4011-481200-2313;
and Awarded Bid No. 012-24 in the amount of 111 ,815 from the
low bidder, Asher Industries, 621 N. Glassell Street, Orange, CA 92867 and authorized the
Mayor and City Clerk to execute on behalf ofthe City.FISCAL IMP ACT:
After the appropriation has been
executed,
sufficient
funds will
be available in
the following
accounts:725-
4011-481200-
2313 356-
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
3.13 Final Acceptance of Bid 012-04; SP-3335; Street Rehabilitation
Improvements for Main Street from Collins Avenue to Katella Avenue and SP-
3325 - Street Rehabilitation Improvements for Main Street from Katella Avenue to
Taft Avenue and SP-3326 - Street Rehabilitation Improvements for Eckhoff Street
from Collins Avenue to 370' south of Collins Avenue and authorization to file
Notice of Completion with the County Recorder (No staff report required) (A2100.
0
AGR-3868)SUMMARY: Bid 012-04; SP-3335; Street Rehabilitation
Improvements for Main Street from Collins Avenue to Katella Avenue; SP-
3325 - Street Rehabilitation Improvements for Main Street from Katella Avenue to Taft Avenue and
SP-3326 - Street Rehabilitation Improvements for Eckhoff Street from Collins Avenue to 370'
south of Collins Avenue.Contractor: All American Asphalt. Staff
recommends acceptance of improvements.ACTION: Accepted public work improvement, authorized
release of Safeco Insurance Company of Washington, Bond No. 6069764, in the amount of $
689,689.00, and authorized the Mayor and City Clerk to execute
the Notice of Completion.
FISCAL IMP ACT: None.3.14 Final acceptance of Bid 012-16; SP-3330 -
Orange Olive Road Rehabilitation from Glassell Street to Meats Avenue and authorization to
file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 AGR-3924)SUMMARY: Bid 012-16; SP-
3330 - Orange Olive Road Rehabilitation from Glassell Street to Meats Avenue. Contractor on
said job was All
American Asphalt. Staff recommends acceptance of improvements.ACTION: Accepted public
work improvement, authorized release of Safeco Insurance Company of Washington, Bond No. 6151940, in
the amount of $212,216.00, and authorized the Mayor and City
Clerk to execute
the Notice of Completion.FISCAL IMPACT: None.3.15 Contract Change Order No.1;
Bid No. 012-28-29; Project No. SP-3386-87, TCRF Street
Rehabilitation Phase 1 and 2 for FY 2001-02. (A2100.0 AGR-
3947)SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work will include the placement of asphalt concrete
overlays,removal and replacement of failed asphalt concrete pavement, and all appurtenant work as
required. The proposed work is on Grove Avenue from Batavia to Glassell. Other locations may
be added depending on the availability of funds. The total contract cost for the Grove
Avenue work and other extra work is $310,450.00 including 5% contingency.ACTION: Approved a
Contract Change Order No. I in the
amount of $
310,
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds will be available in the following account:
340-5011-483300-3116 $310,450.00 Traffic
Congestion Relief Funds
PURCHASE OF PROPERTY 3.16 Purchase of a 10 foot wide strip of land at 1937-
2011 W. Chapman
Avenue.A2100.0 AGR-3993)SUMMARY: This is one of the parcels necessary
for the West Chapman Avenue Widening Project. Offer was made and accepted by
2000
Chapman Inc., a California Corporation.ACTION: Authorized Mayor and City Clerk to
execute all escrow papers, purchase agreement, and related documents for the purchase of a 10 foot
wide strip of land located at 1937-2011 W. Chapman Avenue. Purchase price is $
64,299.
00 plus any related escrow costs.FISCAL IMPACT: Funds in the amount of $64,299.
00 are available in the Chapman Avenue Widening Project - Account
No.
284-5011-483300-4038 (TSIP Area B).RESOLUTIONS
3.17 RESOLUTION NO. 9585 (C2500.M.4)A Resolution of the City Council of
the City of Orange approving an Application for Matching Grant Funds under
the Federal Parks Service Land and Water Conservation Fund
Grant-In-
Aid Program for the Santiago Creek Trail Project.ACTION:
Approved.3.18 RESOLUTION NO. 9586 (C2500.M.4.12)A Resolution of the City
Council of the City of Orange Approving the Application for Matching
Grant Funds under the Murray-Hayden Urban Parks and Youth Service Program
Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act
of 2000
for the El Camino Real Park Renovation Proj
ect.ACTION: Approved.3.19 RESOLUTION NO. 9587 (N1200.0 NEG-1670-01)A
Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1670-01, Tentative Tract Map No. 16218, Major Site Plan Review
No.185-01, and Conditional Use Permit No. 2372-01 for
the subdivision and development
of a
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.20 RESOLUTION NO. 9588 (C2500.H)
A Resolution of the City Council of the City of Orange expressing apprecIatIon to
Lawrence Boyd Jr. of the City of Orange Fire Department and commending him for more
than thirty years of loyal and dedicated service.
ACTION: Approved.
3.21 RESOLUTION NO. 9589 (C2500.H)
A Resolution of the City Council the City of Orange expressing appreciation to Robert D.
Bradley of the City of Orange and commending him for more than thirty-eight years
of loyal and dedicated
service.ACTION:
Approved.3.22 RESOLUTION NO. 9590 (C2500.
H)A Resolution of the City Council of the City of Orange expressing appreciation to
Robert L. Dotson of the City of Orange Fire Department and commending him for more
than thirty years of loyal and dedicated
service.ACTION:
Approved.3.23 RESOLUTION NO. 9591 (C2500.
H)A Resolution of the City Council of the City of Orange expressing appreciation to
John Enzler of the City of Orange Fire Department and commending him for more
than twenty-nine years ofloyal and
dedicated service.
ACTION: Approved.3.24 RESOLUTION NO. 9592. (
C2500.H)A Resolution of the City Council of the City of Orange expressing appreciation to
Pete B.Fielis of the City of Orange Fire Department and commending him for more
than thirty-five years ofloyal and
dedicated service.
ACTION: Approved.3.25 RESOLUTION NO. 9593 (
C2500.H)A Resolution of the City Council of the City of Orange expressing appreciation
to Frank R. Gonzalez of the City of Orange Fire Department and commending him for
more than twenty-seven years of loyal
and dedicated
service.
CITY COUNCIL MINUTES April 23, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved
3.26 RESOLUTION NO. 9594 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Phillip
D. Gunness of the City of Orange Fire Department and commending him for thirty years
of loyal and dedicated service.
ACTION: Approved.
3.27 RESOLUTION NO. 9595 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Patrick
D. Moore of the City of Orange Fire Department and commending him for more than
thirty-two years ofloyal and dedicated
service.ACTION:
Approved.3.28 RESOLUTION NO. 9596 (C2500.
H)A Resolution of the City Council of the City of Orange expressing appreciation to
Ross Seymour of the City of Orange Fire Department and commending him for more
than twenty-eight years ofloyal and
dedicated service.
ACTION: Approved.3.29 RESOLUTION NO. 9597 (
C2500.H)A Resolution of the City Council of the City of Orange expressing appreciation
to Walter B. Tracy of the City of Orange Fire Department and commending him
for twenty-five years of loyal
and dedicated
service.ACTION: Approved.
MOTION - Alvarez SECOND -
Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Mayor Murphy abstained on Item 3.7. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.PAGE
9
CITY COUNCIL MINUTES April 23, 2002
5.REPORTS FROM COUNCILMEMBERS TAPE 880
Councilmember Coontz requested a report back from the Public Works Director on the Los
Angeles-San Diego Railroad Corridor; addressing concerns on the additional corridor
activity this proposal will bring and the impacts it will
have.Mayor pro tern Alvarez directed the City Clerk to agendize for the May 14th Council meeting,
an update report on the status of the Orange County Sanitation District 301(h)
waiver.Councilmember Slater announced the deadline for the City Motto Contest is April 30th.
Entry boxes are available at City Hall, the Library, Mall of Orange and Borders Books at The
Block.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE
950 6.1 Re-appoint Tom Gilmer and Mike Hairston to the Park, Planning
and Development Commission - terms to expire 4/30/
05.Mayor pro tern Alvarez pointed out that one of the members being reappointed to
the Commission is not an Orange resident, but the requirements for membership are that they
can either work or live in
Orange.MOTION - Murphy
SECOND - Coontz AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
reappoint Tom Gilmer and Mike Hairston to the Park, Planning and Development Commission, terms
to expire April 30, 2005.6.2
Accept resignation of Robert D. Mickelson from the Community Video Advisory Board and
instruct the City Clerk to begin Maddy Act regulations. (ORI800.0.28)MOTION - Murphy
SECOND - Coontz AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to accept, with regrets,
the resignation of Robert D. Mickelson from the Community Video Advisory Board and instructed
the City Clerk to begin Maddy Act regulations.7.ADMINISTRATIVE REPORTS TAPE 1000
7.1 Report from the
Economic Development Director regarding demolition of the building at 190 S. Olive
and the construction of public parking improvements thereon.RA2100.0 AGR-3994)SUMMARY:
The lease for
Agency owned property at 190 S. Olive has expired. The City and Agency desire to enter
into a Cooperation and License Agreement obligating the City to demolish the building, use
the property as a staging area for equipment for the Glassell Street widening and redevelop the
property into a City parking lot.PAGE 10
CITY COUNCIL MINUTES April 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Note: Mayor pro tern Alvarez reported a conflict of interest due to property interest at 152 N.
Olive and 131 S. Glassell; and left the dais.
The Economic Development Director presented a brief report; noting the work will be finalized
in the Fall after the Street Fair.
MOTION - Slater SECOND -
Coontz AYES - Slater,
Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION:
Adopted Resolution No.
9601 A Resolution of the
City Council of the City of Orange approving a Cooperation and License Agreement with the Orange
Redevelopment Agency, whereby the Agency will expend an amount not to exceed $
225,000 for the demolition of certain irnprovements at 190 S. Olive and the construction of public
parking improvements thereon.FISCAL IMPACT: Orange Redevelopment
Agency funds are being appropriated in an amount not to exceed $225,
000 to cover the costs incurred by the City for this project. No General Fund money will be needed.
See ORA Minutes, Item
No. 7.1)Note: Mayor pro tem
Alvarez returned to the meeting 7.2 Report from
Public Works Director/City Engineer on Water Rate Financial Plan and Year Two Adjustment. (
C2500.P)SUMMARY: On February 27,
2001, the Council approved a water rate adjustment of 9% for each of three consecutive
years and made improvements to the water rate structure to resolve inequities within the old
rate structure. The Council requested that prior to implementing any adjustments in years 2002
and 2003 that Council be given an opportunity to review current conditions. The Council's
desire is to be assured that the recommendations made in February 2001 are still valid
and that a 9% rate adjustment effective May 1,2002 is still justified.The Public Works Director
presented a report on the Water Rate adjustment proposal. He reviewed the operating expenditures,
Orange's water rates compared to other cities in Orange County and the comparison
of rates for low, medium and high use households.Councilmember Coontz thanked Staff
for a thorough and detailed report; and clarified that pass through costs, which have
been referenced, are costs which the City has no control. She also asked that an explanation
be sent out along with the first increased water bill. The Public Works Director indicated they would
follow through with that request.PAGE 11
CITY COUNCIL MINUTES April 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
The Public Works Director reiterated that pass through costs are energy costs and established
costs such as those for water purchases.
Mayor pro tern Alvarez asked about the reserve amount that is set aside; the difference between
commercial uses and residential users; and what the City is doing for conservation efforts. He
also pointed out that portions of the water system are over 100 years old and is in need of costs
for maintenance to meet the demands of service.
The Public Works Director reported the target cash balance for FY 2002-03, at 25% of
operating,is approximately $4.3 million. The minimum cash balance being maintained is about $2.
3 million, and the actual estimated ending cash balance for this year will be about $3.6
million.The reserves are already being used to hold the rate increase at 9%. Without utilizing
the reserves, the increase would be around 13%; and the proposed increase of 9% is for
both commercial and residential users. He also reported on the City's voluntary water
conservation efforts, such as the low flush toilet exchange program and the monitoring of the City's
water usage for landscaping and
irrigation.Mayor Murphy pointed out the revenues that are generated are placed into an enterprise
account that does nothing other than provide resources for providing water to the City. The
revenues have to be raised to meet the rise in expenses. There are no other fees involved; these are
strictly the rates involved to pay for the water delivery service in
Orange.MOTION - Alvarez
SECOND - Coontz AYES -
Slater, Alvarez, Mayor Murphy, Coontz NOES - Cavecche
ACTION: Authorized implementation
of a 9% water rate adjustment effective May I, 2002 in accordance with the
water rate plan adopted by the City Council on 2/27/2001.CouncilmemberCavecche voted
No because although she understands the rate structure for the fund, she does
not agree with the model that the Council set up last year. Those who have lower water uses are
seeing higher rates and people who are higher users should perhaps get their rates adjusted accordingly; and
the elevation charge is being modeled as well with the electrical rates.The people that
are using the pumping system should be looked at a little more. Although she does understand the
fund structure, she would like to have seen the modeling be done a little differently to reward
those who are using less water.FISCAL IMPACT: Implementation
of the new rates will result in rate revenues for Year 2002-03 as follows:
Water Operating Fund 600 $15.2 million Water Capital Fund
601 $ 0.8 million Within the framework
of the plan presented in the Hilton Farnkopf & Hobson Water Rate Report of February 14,
2001, and with a prudent use of reserves, revenues will match expenses for Fiscal Year 2002-
2003.PAGE 12
1'---
CITY COUNCIL MINUTES April 23, 2002
8. REPORTS FROM CITY MANAGER - None.9.
LEGAL AFFAIRS TAPE 1880 9.
1 ORDINANCE NO. 3-02 (FIRST READING) (A2500.0 Conditional Use Permits)
An Ordinance of the City Council of the City of Orange adding Section 17.10.035 to the Orange
Municipal Code and amending Section 17.08.020 to regulate temporary uses.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 3-02 be read by title only and same was set for second reading by the preceding vote.
RESOLUTION NO.
9598 (A2500.0 Conditional Use Permits)A Resolution
of the City Council of the City of Orange establishing Temporary Use Permit Charges for
the implementation of Section 17.10.035 of the Orange Municipal Code and amending the
City's Master Schedule of Fees and Charges.MOTION - Slater
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to adopt Resolution No.
9598.10. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION
The City Council recessed at
5 :40 to a Closed Session for the following purposes:a. Conference with Legal Counsel
pursuant to Government Code Section 54956.9 - existing litigation:Note: This item was not
discussed.
I) City of Orange v. Airport
Working Group, Orange County Superior Court Case No.0lCC09018 b. Conference with Labor Negotiator
pursuant
to Government Code Section 54957.6:City Negotiator: Personnel Director Steven Pham
PAGE 13
CITY COUNCIL MINUTES April 23, 2002
11. RECESS TO CLOSED SESSION (Continued)
Employee Organizations: Orange Maintenance & Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
OMEA), Water Department Employees Association (WDEA)
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.PUBLIC COMMENTS TAPE 1950
Jeannine Lawrie, 2512 N. Shady Forest, speaking on behalf of the Orange Dog Park Association,
asked if there is a proposed opening date for the dog park which was approved in concept; asked
if the EIR has been completed; and asked what the Dog Park Association needs to do to become
a priority. She distributed a list of her questions to the Council and City Manager.
The following people spoke on traffic and noise issues in East Orange, asking for mitigation
measures for these issues at the Pheasant Run development as well as for surrounding
developments. Concerns included a noise study; safety problems along the horse trails; a sound
wall to abate the noise and safety issues; city hall contact person; the marginal impacts from the
development of Santiago Canyon College and future housing developments in East Orange.
Marita Liebesman, 7318 Cambria Circle
David Baia, 7104 Cambria Circle
Cathy Crair, 7117 Breighton
Jim Dickinson, 7745 E. Appaloosa Trail- submitted a petition containing approximately 175
signatures, requiring mitigation to negate the impact of the impending East Orange
Community.
Harvey Moore, 7814 Broadmoor Trail
Tom Anderson, address on file
Mayor Murphy pointed out that no action can be taken on Public Comments, but asked the City
Manager for a status report on these issues.
The City Manager reported Staff had identified an area at Chapman and Cannon to be studied for
widening. The scope of this study will be expanded to include a sound study from Cannon to
Newport, which will be incorporated into the CIP program for next year. They would like to
begin that study this year, but could not guarantee it because there are other projects which take
priority as they are tied into grant funds. This will be a two month, Level I, study. He pointed
out the City needs to have the results of the sound study in order to validate the spending of any
money in moving forward.
PAGE 14
T
CITY COUNCIL MINUTES April 23, 2002
12. PUBLIC COMMENTS (Continued)
In addition, there will be a study ofthe TSIP fees, which are fees assessed from new construction
and development that are used for traffic improvements. This study will allow the Council to
create, in part, a source of funds to be used for an expanded use for noise attenuation projects.
However, he also pointed out there is no money in the budget for sound walls and would not
recommend that because there is a $5.9 million deficit in general fund moneys in getting the
budget balanced.
TAPE 2880
The Public Works Director further reported there are no sound wall programs at the present time,
but they are proposing to use the transportation impact fees to create a revenue stream that would
fund this. This involves developing a new project listing for the various areas of the City. Once
that project listing is approved, then whatever funds are available in a given area could be
directed towards any eligible projects on that listing. In the meantime, they are proceeding with
the sound study.
13.PUBLIC HEARINGS TAPE 2980
13.1 EXTENSION OF INTERIM URGENCY ORDINANCE NO. 4-02 - CYBERCAFES
A2500.0 Internet)
Time set for public hearing to consider adoption of Ordinance No. 5-02, extending
Ordinance No. 4-02, an Interim Urgency Ordinance prohibiting the establishment of new cybercafes
for a period of
six months.The Community Development Director presented a brief report, recommending the
Ordinance be extended six months to allow staff time to complete their research on
this issue.MAYOR MURPHY OPENED THE
PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE
PUBLIC HEARING Councilmember Cavecche expressed concern on the Community Development
Department's ability to get this study done in six months, as the department has been given a great deal
of work lately for policy and analysis studies. Although she would like to see the study
completed within six months, she suggested this Ordinance be extended for a one year period, which will
give the Community Development Department ample time to finish
the study.Mayor pro tern Alvarez asked if there were any applications for cybercafes pending at
this time that would be affected by the moratorium. The Director of Community
Development indicated there was one but it was denied by the Zoning Administrator and there are none at
this time.ORDINANCE NO.5 -
02 An Urgency Measure of the City Council of the City of Orange Extending the Interim
Ordinance Prohibiting the Establishment of New
Cybercafes.PAGE
CITY COUNCIL MINUTES April 23, 2002
13. PUBLIC HEARINGS (Continued)
MOTION - Cavecche SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt
Ordinance No. 5-02; with the change that the Interim Ordinance shall be extended and
all new approval of and establishment of Cybercafes shall be prohibited until after April 22,
2003.14. PLANNING
AND ENVIRONMENT - None.15. ADJOURNMENT MOTION -
Cavecche SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at 7:
38 p.m.PAGE 16