HomeMy WebLinkAbout5_28_2002 - Council MinutesAPPROVED BY CITY COUNCIL ON JUNE 11,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 28, 2002
The City Council of the City of Orange, California convened on May 28,2002 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 Harry Thomas, Public Works Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Counci1member Dan Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Service Awards:Medel Llanes -
Public Works; NeilMillward - Public Works; Carol Natividad - Police;Linda Berquist - Library; Deborah Klein -
Police; Thomas Taulbee - Water (not present); Darlene Chandler - Police; Raymond Bocanegra - Community Services (
not present),Recognition was given to the City Manager's Office
and
Finance Department for receiving the Government Finance Officers Association Distinguished Budget Award for
the FY 2001-02 Budget document. Rick Otto and Leila
Hoopi accepted on behalf of the City Manager's Office and Finance Department.Proclamation declaring "
Orange Becomes Purple" Day on May 31,
2002, in support of the American Cancer Society's Relay for Life event;
was accepted by Steve Ambriz and Marsha Zembower, Co-Chairs of the Orange Relay for
Life.Mayor Murphy announced the City Council will adjourn
in memory of Rog Hornsby,beloved husband oflong time Mayor and Connci1 Secretary,
Diane Hornsby.2.PUBLIC COMMENTS TAPE 600 Bob Bennyhoff, Orange
Park Acres, thanked the City
for starting the street repair work on East Chapman,PAGE 1
CITY COUNCIL MINUTES May 28, 2002
2. PUBLIC COMMENTS (Continued)
Mary Dargartz, 2534 E, Burly, expressed concern on the amount of money being spent
for a possible dog park at Yorba Park and asked that Yorba Park be opened up to the
community with a different plan other than a dog park.
3.CONSENT CALENDAR TAPE 700
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda, Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action, Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar,
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 28, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, at Shaffer Park,
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 May 2, 9,
2002.ACTION:
Approved,3.3 Request approval of City Council Minutes, Regular Meeting, May 14,
2002.ACTION:
Approved,3.4 Consideration to waive reading in fnll of all ordinances on the
Agenda.
Approved,3.5 Receive and file the City Treasurer's Report for the period ending April 30,
2002.
ACTION:ACTION:
Approved,
AGREEMENTS 3.6 Agreement between the City of Orange and the Orange County Bar
Foundation,Inc. for provision of Juvenile Diversion Services. (A2100.0 AGR-
3559.B)SUMMARY: The Orange Police Department Juvenile Diversion Program
is an alternative to formal processing of juvenile offenders who have exhibited
personal or
PAGE
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
family needs, which might better be rectified by intervention at the local level. Services
include: individual, small group, and family counseling; community service; restitution;
employment referrals; educational workshops; and other individualized responses to
specific problems,
ACTION: Approved the Agreement between the City of Orange and the Orange County
Bar Foundation, Inc, in the amount of $83,545; and authorized the Mayor and the City
Clerk to execute the Agreement on behalf of the City,
FISCAL IMPACT: There are sufficient funds budgeted for fiscal year 2002-2003
in account number 100-4031-427800 (
General
Fund-Detectives-Other Contractual Services),3.7 Amendment to an existing professional service contract
with Civic Solutions, Inc. a private planning consulting firm, to
provide current and advance planning assignments and prepare Planning studies or
reports for the Planning
Division A2100.0 AGR-3938.1)SUMMARY: The goal of the Planning
Division is to provide quality professional planning services, The division is
currently experiencing an increase in planning applications filed, The amendment to the contract
will augment our existing staff with the use of a professional planning consultant
for the next couple of months,ACTION: Approved and authorized the Mayor and
City Clerk to execute an amendment to an existing professional service contract with Civic
Solutions, Inc, not to exceed an additional $10,000 for a total contract for
this fiscal year of $39,900,FISCAL IMPACT: For the balance of FY 2001-
02, we will utilize $10,000 currently available in the Advance
and Current Planning Divisions' budget (Account 100-6011-426700, Other
Professional and Consulting Service; and
Account
No, 100-6021-426700,Other Professional and Consulting Services),APPROPRIATIONS 3.8 Appropriation
of Local Law
Enforcement Block Grant (LLEBG) FY 99 Interest Earnings. (C2500.K)SUMMARY: The City received $167,
699 in LLEBG 99 funds in September 2000 to be utilized for the purpose
of reducing crime and improving public safety, To date the department has
purchased a Laser Fische Document Imaging System; a Digital Imaging Enhancement System for the
crime lab; an 10 Card System; glue fuming chamber; CSI vehicle storage
system for the Lab; Community Orientated Policing Officer info cards;and afirearms training
simulation machine, The Department is requesting $1,715.59 of
LLEBG
99 interest
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Appropriated $1,715,59 ofLLEBG 99 interest earnings to account 353-
4011-471301-2237 (Federal Police Grants - Police Administration - Furniture, Machinery,
Equipment Additions-LLEBG 99) for additional miscellaneous computer equipment
and technology
purchases,FISCAL IMPACT: Interest earnings of $1,715,59 are available in the 99 Local
Law Enforcement Block Grant (LLEBG) Fund for this
appropriation,BIDS TAPE
720 REMOVED AND HEARD
SEPARATELY)3.9 Request permission to advertise Installation and Replacement of Raised
Pavement Markers, Bid No. 012-51 for competitive bids. (S4000.
S.6)SUMMARY: The installation and replacement of raised pavement markers
will improve traffic safety on city arterials and local streets by enhancing the reflectivity
of existing
road striping,Councilmember Coontz asked for clarification on the differences between this
item andItem
3.16,The Public Works Director explained this bid is for a one time installation
of raised pavement markers and is included in the Capital Improvement Budget. Item 3,16
is an amendment to an existing ongoing contract for annual striping and
replacement of markers and is included in the
operating budget.MOTION -
Coontz SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:
Approved the specifications and authorized advertising of Bid No, 012-51.
FISCAL IMP ACT: Funds have been budgeted and are available in the Gas Tax Account:
100,000,00 272-5032-485100-4906 Installation of
Raised Pavement Markers 3.10 Final Acceptance of Bid 012-31- Installation of two Soccer
Fields and Parking Lot Lighting at Santiago Canyon College, and authorization to
file Notice of Completion with the County Recorder. (No staff report
required.) (A2100.0 AGR-3950)SUMMARY: Bid 012-31; installation of soccer
fields and parking lot lighting at Santiago Canyon College, A Joint Use Project
by and between the Rancho Santiago Community College District and the City
of Orange, Contractor: RMF Contracting, Inc,dba R & M Electrical
Contracting, Staff
recommends acceptanceof
improvements,
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvement, authorized release of American
Motorists Insurance Company Bond No, 3SM04551200, in the amount of $32,950, and
authorized the Mayor and City Clerk to execute the Notice of Completion,
FISCAL IMPACT: None,
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
C1aim(s) for damages:
a, Mariana Anderson
b, Gladys Yolanda Cortez
c, Thomas E, Watson
d. 21 st Century Insurance, subrogee of Kathryn & Thomas Watson
ACTION: Denied C1aim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract - Bid No. 012-43 Belmont Park (SP 3365) and El Modena Park
SP 3393) Upgrades. (A2100.0 AGR-
4004)SUMMARY: The award of the construction contract will provide for the park
upgrades on Belmont Park and E1 Modena Park. The park upgrades include tot lot,
play equipment, modification of park lighting, drainage, irrigation, planting,
and miscellaneous concrete, The two proj ects are being combined into one
construction contract because of similar work, economies of scale, and ease of
construction
coordination,The bid opening was held on May 2, 2002, Seven (7) formal bids were received
ranging from $305,290 to $337,860, The apparent low bidder is TK Engineering Company
of Los
Angeles,ACTION: I)Awarded a construction contract in the amount of $305,290 to
TK Engineering Company, 3345 Wilshire Boulevard, Suite 603, Los Angeles, CA
90010,and authorized the Mayor and City Clerk to execute on behalf of the City, 2) Authorize
a fund transfer in the amount of $45,000 from account no,
510-7021-485100-0750 Belmont Park) to account no, 510-7021-
481105-0087 (E1 Modena Park) to cover construction
fund shortfall including
contingencies and
construction engineering,FISCAL
IMPACT:
Upon
following accounts:Belmont Park Upgrades 310-9645-485100-0750 510-
7021-485100-
0750 approval
of the
transfer, funds
will be available III the
Total Funds 50,
000 314.
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
E1 Modena Park Upgrades
310-
9645-
485100-0087
510-7021-
481105-0087
Total Funds
51,000 46.590 97,
590 Community Dev, Block
Grant (CDBG)El Modena Park Upgrades 3.13 Award of Contract - Bid No. 012-
41; SP-3397; Bridge Replacement
Project at Eisenhower Park. (A2100.0 AGR-4005)SUMMARY: The Bridge Replacement
project at Eisenhower Park entails the removal of three existing vehicular drive bridges
and one pedestrian bridge and the construction of three new steel and concrete
vehicular drive
bridges, and one steel and concrete pedestrian bridge,ACTION: 1) Appropriated $18,
000 from Fund 511 unappropriated reserves to account 511-7021-485100-0092, 2) Award
a contract in the amount of $148,300,00 to DRP
Construction Company, 1093 Crest Drive, Encinitas, CA 92024 and authorized the
Mayor and City Clerk to execute on behalf of
the City,FISCAL IMPACT: Funds are
available in the following accounts:510-
7021-485100-0092 $173,900 Eisenhower Park Improvements 511-7021-485100-0092 $
18,000 Eisenhower Park Improvements 3.14 Award of
Professional Services Agreement
for Special Inspections and Material Testing for the Bridge Replacement
Project at Eisenhower Park.A2100.0 AGR-4006)SUMMARY: This agreement authorizes
the consultant to provide special inspections and material testing for
the Bridge Replacement Proj ect at Eisenhower Park.ACTION: Approved agreement with Twining Laboratories of Southern California,
Inc"in the amount
of $7,000 and authorized the Mayor and the
City Clerk to execute on
behalf of the City,FISCAL IMPACT: Funds are available in the following
account:510-7021-485100-0092 $173,900 Park Improvements 3.15 Award
of Contract for Professional Services
Agreement for Quality Control Inspections for the Bridge Replacement Project
at Eisenhower Park Bid No. 012-41,SP 3397. (A2100.0 AGR-4007)
SUMMARY: This agreement authorizes the consultant to provide
quality control inspection services for the Bridge Replacement Project at Eisenhower
Park to ensure that construction is proceeding according to plans and specifications,ACTION: Approved agreement with Construction
Testing
and Engineering,
Inc,
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are available in the following account:
510-7021-485100-0092 $173,900
Eisenhower Park Improvements REMOVED
AND HEARD SEPARATELY)3.16 Amendment No.1 to Contract AGR-2436 installation
of traffic striping, pavement markings and raised pavement markers at various locations
within the City of Orange, Bid No. 012-02. (
A2100.0 AGR-2436.B.1)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 2002-2003 in an
amount not to exceed $100,000,
00 See Item
3,9 for
discussion)MOTION - Coontz SECOND - Alvarez AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Approved Amendment No, 1 to Contract AGR-2436
in an amount not to exceed $100,000 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 of the City,FISCAL IMP ACT: Funds in the amount of $1 00,000
for this contract were appropriated for the 2002/03 fiscal year and are available utilizing Gas
Tax Exchange Funds in the
Contractual Services
Account No, 273-5032-427100,PERMIT PARKING 3.17 Approval of NO FEE parking permits
in Municipal Parking Lot J (S. Orange Street) for the Assistance League
of Orange (10), and First UnitedMethodist
Church (2). (S4000.S.3.1.2)SUMMARY: The Assistance League of
Orange and First United Methodist Church are requesting issuance of NO FEE
parking permits to accommodate their charitable medical and community activities, This request
is reviewed annually by the City Council.Note: Mayor pro tern Alvarez abstained on this item
due
to a
property interest within 500 feet.ACTION: Approved FISCAL IMPACT: Loss
of$I,
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
QUITCLAIM DEED
3.18 Quitclaim a portion of West Chapman Avenue near the 5 Freeway. (D4000.0)
SUMMARY: Quitclaim 9,113 square feet from the south side of West Chapman Avenue
near the 5 Freeway,
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to the State
of California for approximately 9,113 square feet of land once used as street right-
of-
way,FISCAL IMPACT: There will be no fee since this is part of the realignment of
West Chapman in connection with the 5 Freeway
improvements,
RESOLUTIONS 3.19 RESOLUTION NO. 9609 (85000.
0)A Resolution of the City Council of the City of Orange authorizing submission to
the California Department of Transportation of a Bicycle Transportation Account Grant
for the Santiago Creek Bike
Trail.ACTION:
Approved,3.20 RESOLUTION NO. 9610 (S4000.S.
4)A Resolution of the City Council of the City of Orange for special event street closure
for the Cure Autism Now Foundation bicycle race in the City of Orange on Sunday, June
23,
2002,Portions of Chapman Avenue, Jamboree Road, Newport Boulevard and Santiago
Canyon Road - around Santiago Canyon College campus,
ACTION: Approved,
3.21 RESOLUTION NO. 9617 (C2500.E)
A Resolution of the City Council of the City of Orange approving a charter for the
Internal Audit Division,
ACTION: Approved
PAGE 8
m_
n. T' ~~-
CITY COUNCIL MINUTES May 28, 2002
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.22 Request for temporary suspension of permit parking restrictions within Chapman
University Permit Area, (downtown area) for a special event. (S4000.S.4)
SUMMARY: Orange High School will hold their annual Baccalaureate and Graduation
Ceremony at their campus on Sunday, June 9, 2002 and Friday, June 14, 2002,
respectively, Due to anticipated attendance it may be necessary to park in the
surrounding residential neighborhood, which restricts on-street parking except by
Permit.ACTION: Approved the request of Orange High School and suspend the permit
parking restrictions on Sunday, June 9, 2002 and Friday, June 14, 2002, for their
annual Baccalaureate and Graduation
Ceremonies,FISCAL IMPACT:
None MOTION - Alvarez
SECOND - Slater A
YES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Mayor pro
tern Alvarez abstained on Item 3,17 due to property interest within 500 feet.Items 3,
9 and 3,16 were removed and heard separately, The remaining items on the Consent Calendar
were approved as recommended,END OF
CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.5.REPORTS FROM
COUNCILMEMBERS TAPE 800 5.1 Report
from Mayor pro tern Alvarez on the Orange County Sanitation District 301(h) waiver. (
OC 1300.G.5)Mayor pro tern
Alvarez reported on the Orange County Sanitation District waiver study which has provided no
real answers to the problems in the ocean, He explained the current 301(h)waiver allows the
District to clean sewage only to a certain level. This waiver is coming due and all cities involved
with the Sanitation District will have to take a position on whether to continue the waiver,Mayor
Murphy explained
half of the sewage receives full treatment and half receives only a primary treatment. The
proposed Resolution will require that all sewage receive full secondary treatment.PAGE 9
CITY COUNCIL MINUTES May 28, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz stated this is a very thorough Resolution, but was concerned on how
much clout it will have as she has heard this issue may go to the voters as an initiative, She
stated the ocean has become a world wide dump and the water quality is important to the state
and the nation as well as all of Orange County,
Public Comments
The following people spoke in favor of adopting the proposed Resolution:
Larry Porter, Newport Beach
Irwin Haydock, 11570 Aqua Marine Circle, Fountain Valley
Christopher Koontz, 10252 Lolita, Orange
RESOLUTION NO. 9618
A Resolution of the City Council of the City of Orange Encouraging the Orange County
Sanitation District to Provide Full Secondary Treatment of Sewage Effluent.
MOTION - Alvarez SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved TAPE
1230 5.
2 Councilmember
Cavecche - Report from Vector Control District on possible reduction of state funding
for red imported fire ant eradication.Councilmember Cavecche reported Orange
currently has one active fire ant site, but ant activity is increasing, The Fire
Ant Awareness campaign is starting, running from June 1st to September 30th; and a proclamation
on this subject will be coming before the Council at the next Council meeting, She reported the
County has been active in eradication efforts; however, with the proposed State budget cuts,
counties and cities may have to look for additional funding for this effort, She noted there
have even been threats of using vectors in terrorist efforts,Mayor pro tern Alvarez
suggested sending a letter of support to the State legislators requesting that funding continue for
this effort at the State level, as this could be a potential problem with the number of parks
in Orange,Councilmember Cavecche stated the
City can send a copy of the upcoming proclamation along with a letter.PAGE
10
CITY COUNCIL MINUTES May 28, 2002
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1385
6.1 Annual report from Audit Committee Chairman (ORI800.0.27.17)
David Sundstrom, Audit Committee Chairman, summarized the Annual Report,
The Council thanked and complimented Mr. Sundstrom and the Committee for their work.
Mayor pro tern Alvarez asked about an item on the Audit Report on Waste Management contract
compliance, He noted part of the Waste Management site, recycle station, is being abandoned
and asked if this was in compliance with their contract.
The City Manager stated a report on this matter will be provided at the next Council meeting,
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Received and
Filed the report,7.ADMINISTRATIVE REPORTS
TAPE 1580 7.1 Report
from the Community and Library Services Director on the Santiago School Use Agreement. (A2100.
0 AGR-4008)SUMMARY: The
proposed agreement will result in improvements to soccer and baseball fields at Santiago
Middle School paid exclusively from private donations, The City will not participate in
the costs of the improvements or the maintenance thereof. The City's role will be simply to
schedule activities at the fields when not being used by the Orange Unified School District and
to administer the maintenance contract which will be paid by user groups,Discussion The
Community
and Library Services Director reported this agreement is for improvements to soccer fields
and a baseball field at Santiago Middle School which will be paid for exclusively by private
donations, The City will not participate, nor be responsible for, any of the improvements or
ongoing maintenance, The Irvine Company has proposed contributing 100,000
to this project and will be paid to the Community Foundation Inc, which will serve as a conduit for
this project. Stu Livingstone, a local resident and businessman, will coordinate all the improvements
for this project.Mayor pro
tern Alvarez asked about the maintenance of the facilities as outlined in the proposed agreement, as
the wording in the agreement seems to imply that the City will pay for a share of the maintenance
costs,PAGE 11
CITY COUNCIL MINUTES May 28, 2002
7. ADMINISTRATIVE REPORTS (Continued)
The City Attorney explained the parties involved - the School District, the outside user groups and
the City, have not been able to formulate a maintenance agreement in the short time,However,
all parties understand that the City's maintenance responsibilities will only extend to the
extent we receive private money and no city funds will be used for maintenance, The maintenance
agreement will be approved by the City Manager at a later date, but if any City funds
were proposed, a contract would have to come back to the Council for approval.Stu
Livingstone, 515 E, Maple, stated it is their intent to use the benefits of City contracts but there
is no intention of the City paying for any maintenance or construction costs,Mark
Burkhardt, address on file, asked if the neighborhood surrounding Santiago Middle School had
been notified about these improvements and expressed concern about potential traffic problems,
Mayor
Murphy indicated a community meeting had been held, as well as mailings to the surrounding
neighborhood,Mr.
Livingstone noted there should not be an increased traffic problem as there will be no more additional
children playing at the school, just better facilities,Counci1member
Coontz noted the School District owns additiona11and in that area which could be
used for parking,Counci1member
Cavecche stated what is being approved today is a joint use agreement for the fields
when they are done, and the Community Services Foundation is a conduit for this money,It
is a completely separate entity in this City, with Mr, Wann as the Executive Director. This is not
the City of Orange that is taking this money and picking contractors, It is the Community Services
Foundation, Who is going to be building it and who is accounting for the money is out of
the City's hands, This is a statement that needs to be made, What the City Council is approving
today is just the joint use agreement and the City of Orange has no responsibility for the
contractors or how the money is spent. This is what the Foundation was set up to do, This is really
the first big project of this type, and it may take everyone back a little and make people uncomfortable
because the City does not have control over it. This will be great and she hoped they
could move on to the next school after this,Mayor
pro tern Alvarez asked that Counci1member Cavecche's comments be made part of the record,
The Foundation was established for opportunities like this and he thanked them for thinking
outside the box, He asked that a copy of the maintenance agreement be provided to the Council.
Mayor
Murphy thanked Mr, Livingstone and Jennifer Leeman, Santiago Middle School Principal,
for their efforts in this project.PAGE
12
CITY COUNCIL MINUTES May 28, 2002
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approve Santiago
School Use Agreement and authorize the Mayor and the City Clerk to execute on
behalf of the City; recognizing it is a joint use agreement and noting that the Community Foundation is
the methodology in which the contracts will be managed, funded and seen to fruition,
FISCAL IMPACT: None,
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
TAPE 2580 The City Council recessed at
5:55 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 Organizations: Orange Maintenance & Crafts
Employees Association (OMCEA),Orange Management Association (OMA), Orange
Municipal Employees Association OMEA), Water Department Employees Association (
WDEA)b, To consider and take
possible action upon such other matters as are orally armounced 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
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS TAPE 2600
Mayor Murphy acknowledged Boy Scout
Troop 1042 in the audience from the Latter Day Saints Church in Orange; and introduced
Troop member Shane Meisenbach,The Miss Orange Pageant will
be held September 7th at Chapman University, Seven of the fourteen contestants were introduced - Crystal
Summers, Danielle Kincebach, Hope Montano,Katherine Vogt, Kristen Zimmer, Kristen Morrow,
Briarma Keller.PAGE 13
CITY COUNCIL MINUTES May 28, 2002
12. PUBLIC COMMENTS
Eddie Marquez, introduced himself as the new Regional Public Affairs Manager with the Edison
Company,
Sandy Norell, 3319 E. Chardonnay Lane, spoke in support of a dog park at Yorba Park,
Arlen Craig, address on file, thanked the Council for the Resolution in opposition to the Orange
County Sanitation District waiver; and spoke on trails, parks and open space issues, asking for a
dollar commitment for these issues,
13.PUBLIC HEARINGS TAPE 3020
13.1 CITY OF ORANGE 2002-03 FISCAL YEAR BUDGET AND SEVEN
YEAR CAPITAL IMPROVEMENT PROGRAM: (C2500.J.l.
l)Time set for a public hearing to consider the adoption of the 2002-03 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 this has been a very challenging economic time at
all government levels, The events of September 11th have had an impact that has hurt local governments
as it has throughout the United States, Added to those impacts are the projections for
the State economy, which is currently projected to be a deficit of $25 billion, The City has yet to
see the full effects of this State deficit since the State will not approve their budget for a
few
more months,He reported that in order to finish the current year in a strong position and to provide a
balance to the coming year's budget, he asked each department to implement an administrative
savings plan for this current fiscal year which required each department to curtail non critical
spending and save money for the coming year. The budget is already tight and this was not an easy
task. In addition, a program savings plan has been directed for next year's budget. This
program savings plan is based upon historically projected year end savings that will require each
department to carefully review and contain all expenditures throughout the year, including the filling
of vacant positions, These measures, along with some one-time budgeting strategies, will allow
the City to present a balanced budget. The next fiscal year will be challenging, but with
the measures taken,added with the fiscally conservative policies of the City Council, the City
will continue to provide a quality public service level that the residents and businesses of Orange
have
come to enJoy,The Assistant City Manager provided a presentation of the Operating
Budget and Capital Improvement Budget, noting the public input process has included three Study
Sessions prior to this Budget hearing, Highlights of the Budget include a Balanced Budget of $
63,8 million,decreasing revenue projections and a review of expenditure changes - which
include deferring vacant positions, splitting Library Services into its own department, the annexation
of County islands, the General Plan update and reviewing
information technology,
PAGE
14
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
He reported the total projected revenues for FY 2002-03 are $133,494,723, a 3% decrease
over FY 2001-02, General Fund expenditures are $63,848,940, a 5,14% decrease from
FY 2001-02,He reviewed proposed staffing changes, noting that Orange has one of the lowest
ratios of full time employees per population
in the
State,Council Ouestions Councilmember Coontz asked where the public can view the slides
and budget document.It was noted the Budget document is available at the City Clerk's Office, the
Library and is posted on the website, The City is also putting together a Budget in Brief
which will
be available soon,Mayor pro tern Alvarez asked about the uncertainty of the State budget and
the City'
s contingency plans,The City Manager stated that cautious optimism has been his policy for several
years and this will continue on an ongoing basis, He has recommended not funding
certain internal costs,while still maintaining a 25% reserve policy, He will continue to monitor the
State budget and will keep
the Council informed,Counci1member Coontz stated the three study sessions were very helpful. During
one of those sessions, she spoke to many Old Towne issues, and asked for an explanation of a
work plan item in the Community Development budget, which is to craft a comprehensive guide
for Old Towne projects, Providing information on the Old Towne process has been one of
her continuing goals,She also stressed the importance of the permit process and education on Old Towne
issues in all aspects along
the development process,The Community Development Director explained the comprehensive guide is
in response to concerns about Old Towne, which will explain the various regulations and chart
a process for residents, She will also be providing Council with an updated matrix of a number
of things staff is doing to address concerns within Old Towne, not just for the residents but also
to
help educate staff,Counci1member Coontz stated there have been many questions about Santiago
Creek, the Master Plan of Recreational Trails and the proposed dog park at Yorba Park, These concerns
need to be addressed and citizens are entitled to have
these questions answered,The City Manager pointed out that there will be a joint session on June 6th
with the Park Planning and Development Commission to prioritize park projects; noting
that only approved projects are included in the budget. Yorba Park is not part of the funded projects
for the next fiscal year, but the Council has a list of projects and will hear recommendations on
how to spend future grant dollars, He also stated there will be a report coming to the Council in
the future on the Master Plan
of Recreational
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director reviewed the status of the various segments of the
proposed Santiago Creek trails, noting they will be looking at the trails as a linkage between
parks and expanding this into a park opportunity,
Counci1member Cavecche asked about the Graffiti Removal program and if there was adequate
funding for replacing signs with those that can be cleaned, The Public Works Director stated this
project is adequately funded,
Mayor pro tern Alvarez noted the Council had been provided with an indepth report on the
money that is set aside for approved projects, which was a good opportunity for all of them to
take a second look at what has been approved and what has been set aside, There is money set
aside and committed, but it is waiting for the projects to come to fruition.
MAYOR MURPHY OPENED THE PUBLIC HEARING TAPE 4220
Mary Dargatz, 2534 E, Burly, commended the Parks Commission for the job they are doing in
setting priorities with the budget they have; and spoke on the need for funds for deteriorating
infrastructure.
Mayor pro tern Alvarez pointed out that park improvements sometimes include facilities that are
not always visible, such as pool equipment.
MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 4410
Counci1member Cavecche stated it is important for the citizens to know that the coming year
could be difficult economically, The City had to find $2 million just to finish this current year,
and with the effects of September 11, the State budget crunch, lower revenues and interest rates
down on investments, the potential could be serious, She suggested this message could be sent
out in the Orange Progress so that the citizens of Orange are aware of the potential difficulties
ahead,
Counci1member Coontz stated the budget used to be a once-a-year event with
less participation by the Council than there is today, Now the City has three Study Sessions in addition
to this hearing and quarterly budget reviews which are
all helpful.Counci1member Slater stated this budget is mean, lean and balanced, and just what
the City needs, He thanked the City staff for
their efforts,Mayor pro tern Alvarez thanked the staff for their work and wished the public could see
the work that goes into this budget behind the scenes, He stated that despite the state budget
shortfall, the City has had projects such as Grijalva Park, County annexations, the Plaza rehabilitation
and the remodel of the Taft Library, all of which requires great
money management.
PAGE16
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
Mayor Murphy stated this budget is balanced and provides a full level of service, and the City
should be proud of its infrastructure services such as street maintenance, water service and its
staff support, He commented on the ratio of employees to population which is a protection of
taxpayer dollars, He stated the City is financially strong, with contingencies in place, and it is
prudent business to plan for the future,
The City Manager thanked the City staff for all their work in preparing the budget.
Council Action:TAPE 4860
RESOLUTION NO, 9608
A Resolution of the City Council of the City of Orange adopting said City's Budget for the
Fiscal Year 2002-03 and relating to transfers of funds between and within
appropriations,transfers between funds and additional
appropriations,MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved,
RESOLUTION NO,
9607 A Resolution
of the City Council of the City of Orange adopting the Appropriations limit for the Fiscal Year
2002-03,MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: Approved,MOTION - Cavecche
SECOND - Murphy
AYES - Slater, Alvarez,
Mayor Murphy, Coontz,
Cavecche Moved to find that the portion of
the FY 2002-03 budget subject to the Gann Limit 1S 53,080,747 and therefore within
the limit.PAGE 17
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Approved the Seven
Year Capital Improvement Program for the period of FY 2002-03 to FY 2008-09,
The
City Council convened to the Redevelopment Agency Agenda - Budget Public Hearing, Item
11.1 The City
Council recessed at 8:20 and reconvened at 8:35 p,m,TAPE 5050 13.2
CONDITIONAL USE PERMIT 2406-02, MAJOR SITE PLAN REVIEW 218-02,
MITIGATED NEGATIVE DECLARATION 1688-02,
ADMINISTRATIVE ADJUSTMENT 9-02 - CITY OF ORANGE MAIN LIBRARY EXPANSION (C3300.
0
CUP-2406-02)Time set for public hearing to consider a proposal to expand the Main Library
from 17,000 square feet to 45,000 square feet, construct approximately 3,000 square feet
of related garden space and construct/reconfigure existing parking areas for a 162 space parking
lot. The proposal includes Conditional Use Permit 2406-02 to allow a public use on
property zoned C-1 (Limited Commercial) and O-P (Office Professional) and to allow
additional building height over what is allowed by the Zoning Ordinance and Historic
Preservation Design Standards for Old Towne;Major Site Plan Review 218-02 to allow construction of
a structure larger than 10,000 square feet; Administrative Adjustment 9-02 to allow
a 10 percent reduction in required parking; and Mitigated Negative Declaration
1688-02 which evaluates the environmental impacts of the proposed building addition, street closing and
parking lot. The project is located on the north side of Chapman Avenue
between Grand and Shaffer Streets at 101 N, Center.Note: Mitigated Negative Declaration
1688-02 has been prepared for this project in accordance with the provisions
of the California Environmental
Quality Act per State CEQA Guidelines Section 15070 et seq,Note: Counci1member Slater explained
he had a conflict due to a business
transaction within 500 feet ofthis project, and left the dais,The Community
Development Director reviewed the applications for this project, noting there has been a great deal of public
input throughout this process, Some of the concerns that have been addressed include the design and
architecture style to make sure it was compatible with the surrounding Old Towne
area; lighting concerns which will be addressed with up1ights; the Edwards House which will be relocated
to an appropriate site within Old Towne; the closure of Center Street, which will be addressed
at a future date with a more detailed study; construction activity which requires
mitigation measures
be
in
CITY COUNCIL MINUTES May2S, 2002
13. PUBLIC HEARINGS (Continued)
measures are proposed for Shaffer Street, which include a right turn exit only onto Shaffer, The
conceptual plan is detailed enough for the bond act application, and if approved, final details will
go back through the design process and then back to Council for final approval before awarding
any contracts,
Nora Jacobs, City Librarian, provided a background for this project, There is an opportunity to
apply for library bond act funding from the state through a match of state money equaling up to
65% of the total project budget. The budget for this project is $IS,7 million and the City is
asking for $11,2 million from the State. The grant application requires a conceptual design,
Rick D' Amato, LPA Architects, 17848 Sky Park Circle, Irvine, provided a power point
presentation on the proposed project.
Ms, Jacobs explained that two roof types - flat and hip, have been considered, The application includes
a hip roof since that is the more expensive of the two and they wanted to include more than
enough funding for the roof.Council
Ouestions TAPE60S0 Mayor
pro tern Alvarez stated he was impressed with LPA's work, that they have come a long way
since the first meeting, He was impressed with the before and after pictures and asked if LP
A would be continuing in the application process and if renderings or a power point presentation
will be provided to the State, He also asked what the competition was for this bond money
and what Orange's chances were.Mr.
D' Amato explained they will be submitting pictures to the State and can include the before and
after pictures, They will be providing only conceptual drawings so that details can always be
changed at a later date,Ms,
Jacobs estimated that the chances for funding would be greatest in the first round of applications,
Applications need to meet a certain checklist, and it may be beneficial to use political
influences in the process, Two videos are also being submitted along with the drawings,Counci1member
Coontz wanted to ensure that demographics and education needs were being addressed
in the presentation and asked that the Council be given an opportunity to see the videos
when they are completed,Counci1member
Coontz also spoke on the problems with flat roofs, The library has experienced problems
with rainstorms and having to remove books because of leaks, The Civic Center has also
had problems with leaks with a flat roof, having the roof repaired a number of times, which is
an ongoing cost. There have also been problems with leaking roofs at the Police Station and Fire
Station 7, She had talked with the architect about a copper verdigris roof, It would be half the
cost of a tile roof, would be a great addition to the building and would not leak,PAGE
19
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
Mr. D' Amato agreed the copper roof would be a wonderful idea for the building as it would age
with the building, become better over time and would not leak,
Mayor pro tern Alvarez also commented on the benefits of a hip roof, such as gaining air space
in the second story with more vaulted space, He noted the heating and air conditioning
equipment is proposed to be inside the building and not on the roof,
Counci1member Cavecche asked about the application for funds and the concern if the costs are
more than expected, She asked for assurance that the costs have been reviewed and that
everyone is comfortable with the estimates,
Rick Otto, Economic Development Project Manager, stated every department involved has been
looking at the costs and contingencies have been built into the design,
Counci1member Coontz asked about the experience LP A has had with these types of applications
and about the political issues involved with this application and what more the City could do,
She asked if the needs of the community have been demonstrated for this application, citing
programs such as Homework House would greatly benefit from this project.
TAPENo,2
Mr. D'Amato stated LPA has a clear understanding of the application process, as they have
completed applications of this type for four other libraries,
Ms, Jacobs stated they hope to get letters from elected officials, Chapman University and
community groups to submit with this application,
Mayor Murphy suggested the Council submit ideas for people and groups, make phone calls to
individuals and write letters that could help support this effort,
Mayor pro tern Alvarez asked about the proposed closure of Center Street and how it will be
landscaped and buffered between the library activities and the residences,
Mr. D' Amato explained there will be a landscape buffer between the residences and the library,
utilizing existing oak trees and also a pedestrian access from Center to the library, It was noted
that no official action on Center Street is being taken at this time,
Mayor Murphy expressed concern about access onto Shaffer Street; and wanted to look for a
creative approach and an alternative that would not require any access onto Shaffer. He asked
that staff continue to work on this challenge to pursue an alternative and provide more analysis
on this issue,
MAYOR MURPHY OPENED THE PUBLIC HEARING TAPE2-
175 PAGE
20
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
Letters were read into the record from:
Old Towne Preservation Association - in support of the library expansion, but asking that a site
for the Edwards House be secured before final approval is given,Sherri
Clemens, 146 N, Shaffer - concerned about traffic on Shaffer Street and construction activity,John
and
Andrea McCullough, 325 N, Shaffer - concerned about Center Street closure and the future of
the Edwards House.Speakers Paula So
est,
143 N, Shaffer - opposed to access onto Shaffer Street Doug Westfall, Library Trustee,
1125 W, Palm - spoke in support of the library expansion and the research done into
the proposed historical design elements Phyllis Cahill, 132 N. Cleveland -
spoke in support of the library expansion Sandy Quinn, 164 N, Shaffer - opposed
to access onto Shaffer; and concerned about the increase in traffic volumes at Chapman and
Shaffer due to the expansions of the library,Chapman University and St. John's Lutheran
School Andrew Califf" 1440 E, Mayfair - spoke on
the need for a library expansion MAYOR MURPHY CLOSED THE PUBLIC HEARING TAPE 2 -
880 Council Comments Mayor pro tern Alvarez stated this is
a golden
opportunity and the City needs to move forward;and would like to see an effort by the
Council to create a lobbying effort at the State level to assist in this application, He also spoke on the
need to look at the Chapman and Shaffer Street quadrants given the development from the Library, Chapman University
and St. John's School.Mayor Murphy noted that several State legislators have offered
to make introductions to those involved in this decision; and in addition to written
communications, the Council needs to visit Sacramento and develop relationships with these individuals so the
decision makers can differentiate Orange from the competition,Counci1member Coontz expressed concern
about the political aspects of
this project and the need for a plan in going to the State legislators,
The Council needs to know who will be voting on this application and how the City can best approach them,
Counci1member Cavecche agreed with the comments about Shaffer Street
and the need to be more creative in dealing with the traffic problems; and
also spoke in support of the hip roof for the building, She stated this is a logical place
for an expanded library, but the next step is a new branch in East Orange,Mayor Murphy asked for clarification
on the condition for
moving the Edwards House, The original condition stated it shall be moved "to the
extent possible",PAGE 21
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
The Community Development Director noted the words "to the extent possible" had been
removed for the final Resolution adopted by the Planning Commission,
Council Action
MOTION - Murphy SECOND -
Cavecche AYES - Alvarez,
Mayor Murphy, Coontz, Cavecche ABSENT - Slater Approved
Conditional Use Permit
2406-02 as outlined in Planning Commission Resolution No,12-02; and
in response to concerns raised by residents on Shaffer Street, direct staff to further evaluate the
on-site parking layout impacts and the off-site circulation impacts of the elimination
ofthe Shaffer Street access driveway and pursue an alternative that does not include an exit onto
Shaffer.
MOTION - Murphy SECOND -
Cavecche AYES - Alvarez,
Mayor Murphy, Coontz, Cavecche ABSENT - Slater Approved
Major Site Plan
Review 218-02 as outlined in Planning Commission Resolution No,12-02,MOTION -
Murphy
SECOND - Cavecche AYES -
Alvarez, Mayor Murphy,
Coontz, Cavecche ABSENT - Slater Approved Administrative Adjustment
9-02 as
outlined in Planning Commission Resolution No,12-02,MOTION - Murphy SECOND -
Cavecche
AYES - Alvarez, Mayor
Murphy, Coontz, Cavecche
ABSENT - Slater Adopted Mitigated Negative Declaration No,
1688-02 and
the associated Mitigation Monitoring Program, as outlined in Planning Commission Resolution
No, 12-02,PAGE 22
CITY COUNCIL MINUTES May 28, 2002
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO, 9619
A Resolution of the City Council of the City of Orange certifying Project Budget, Local Funding
Commitment, Supplemental Funds and Public Library Operation for Orange Public Library's
Proposed Main Library Expansion Project.
MOTION - Coontz SECOND -
Alvarez AYES - Alvarez,
Mayor Murphy, Coontz, Cavecche ABSENT - Slater ACTION:
Approved,MOTION - Alvarez
SECOND - Coontz
AYES - Alvarez, Mayor
Murphy, Coontz, Cavecche
ABSENT - Slater Authorized the Mayor and City
Clerk to execute
all necessary documents for the grant application submittal.14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Alvarez SECOND - Cavecche AYES - Alvarez, Mayor
Murphy, Coontz,
Cavecche ABSENT - Slater
The City Council
adjourned at 10:00 p.m" in
memory ofRog Hornsby,
to an Adjourned Regular Meeting, Joint Study Session with the Park Planning and Development Commission, on
Thursday, June 6, 2002, at 5:30 p,m, in the
Weimer Room, to discuss prioritization of park projects,rkPA-brlftd/~CASSANDRA J, C TART, CMC CITYCL fJ:
v MAYO PAGE 23