HomeMy WebLinkAbout3_28_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 25, 2000.
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 28, 2000
The City Council of the City of Orange, California convened on March 28,2000 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
Pastor Rod Schorr, Covenant Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS The City
Manager presented Employee Recognition Service Awards to Todd Hasegawa Library), Thomas
Weekley (Fire), Barbara and Harry Burgoon (School Crossing Guards), Fred
Lopez (Police), Brian Wroblewski (Fire), Oscar Montano (Police), Carmen Saldana (Community
Services), Phyllis Then (Public Works), John Lynch (Public Works), and
John Higley (Police). (C2500.J.4.18)Mayor Coontz
made the following announcements: (C2500.D.l)March 20,
2000 was Daffodil Day in the City of Orange. City employees donated 2,300
to the American Cancer Society fundraiser.On March
25, 2000 the American Legion held a dinner/dance to raise funds for the Veterans Memorial
Fountain. John Whiteriver can be contacted at (714) 538-3085 to support
this effort. The architectural rendering will be unveiled at the April 11, 2000 Council
meeting.The
Grand Opening of Temporary Fire Station No.8, located at 5739 Carver Lane,will
be held on April 6, 2000 from 5:00 - 7:00 p.m.The National
Library Week Celebration will be held on April 11, 2000, with a reception at
the Main Library at 3:45 p.m. honoring volunteers.PAGE 1
CITY COUNCIL MINUTES March 28, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
April 6, 2000 is the 112th anniversary of the City of Orange. Mayor Coontz displayed
a poster entitled Orange is Blooming which lists April events in Old Towne Orange,
sponsored by the Women's Club of Orange and the Downtown Business Association.
2.PUBLIC COMMENTS Tape 387
Carole Walters, (address on file), requested a report on how much police officers at The
Block are paid. Mayor Coontz indicated the City Manager would take note of Ms.
Walters request. (C3500.0)
Robert West, P. O. Box 2793, presented documentation to Council and addressed first
amendment rights. (C3500.0)
Julie and Rosie Flores, 3701 E. Chapman, #34, students at El Modena High School,
urged Council to support and enforce the store window coverage ordinance.
Lydia Henderson, 2295 N. Tustin Avenue, expressed support for the enforcement of the
store window coverage ordinance.
Hanna Hill, 1 Shelby, Irvine, thanked citizens of Orange for voting for Measure F.
3.CONSENT CALENDAR Tape 930
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of March 28, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-
Warner Communications, 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 March 9 and 16,
2000.ACTION:
Approved.3.3 Receive and file Treasurer's Report, period ending February 29, 2000. (C2500.
F)ACTION:
Approved.PAGE
CITY COUNCIL MINUTES March 28, 2000
3. CONSENT CALENDAR (Continued)
3.4 Request approval of City Council Minutes, Adjourned Regular Meeting, March 8,
2000 and Regular Meeting, March 14, 2000.
ACTION:Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.6 Award of Consultant Agreement, RFP 990-20 for Rock Creek Park. (A2100.
0
AGR-3476)SUMMARY: The City requested proposals for professional services to
provide design plans and construction documents for Rock
Creek Park.FISCAL IMPACT: Sufficient funds exist in the following
account: 500-7021-485100-0149 (Rock
Creek Park): $176,517.Discussion: Carole Walters, (address on file), suggested monies be
used for children's play equipment and to clean-up existing parks.
The City Manager responded monies were budgeted this fiscal year to address tot lot issues. Additional
tot lot and park issues will be addressed
in the FY
2000-01 budget.
MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve the award of consultant agreement between the City
and Hirsch and Associates, Inc., for the Rock Creek Park in an amount not to exceed $
176,517 and authorized the Mayor and City Clerk to execute the agreement on behalf
of
the City.APPROPRIATIONS 3.7
Worker's Compensation:11200.0.
3.8.1 )Claims
Compensation Budget appropriation.SUMMARY: This request is for an appropriation of $400,000 from
Fund 730 (Workers'Compensation) to Account 730-1412-432100
Claims Compensation to
cover unexpected industrial medical benefits.ACTION: Appropriated $400,000 from the Workers' Fund No.
730 to Account No. 730-1412-432100 to pay for additional unexpected
medical costs
CITY COUNCIL MINUTES March 28, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Adequate funds are available in Fund 730 to cover the appropriation.
3.8 CLAIMS FOR DAMAGES (C3200.0)
The City Attorney recommends that the City Council deny the following Claim(s) for
damages:
a. Inez Castro
b. Lana Nicole Stern
FISCAL IMPACT: None.
ACTION: Denied Claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Agreement with Michael J. Arnold and Associates, Inc., for legislative
representation services. (A2100.0 AGR-
3475)SUMMARY: Annual contract with Michael J. Arnold and Associates, Inc.,
for legislative representation services in Sacramento for an amount not to exceed $70,
000.ACTION: Approved an agreement with Michael J. Arnold and Associates, Inc., in
an annual amount not to exceed $70,000 and authorized the Mayor and City Clerk to
execute the agreement on behalf of the
City.FISCAL IMPACT: Funds in the amount of $70,000 have been included in the
mid-year budget appropriation request under consideration on
this agenda.3.10 Projects No. 2974 & No. 2975 - Award a Professional Services Contract for
the seismic retrofit design of the City Yard Warehouse and City Yard Garage
buildings.A2100.0
AGR-3474)SUMMARY: This contract authorizes the design consultant to review
existing building plans, reports and structural calculations and provide structural
engineering construction documents for the seismic retrofit of the City Yard Warehouse and City
Yard Garage buildings. Re-roofing of both buildings, and installation of a new elevator
in the Garage building to meet ADA requirements, will also be accomplished with
the
retrofit design project.ACTION: Awarded a contract in the amount of $84,000 to Saiful/
Bouquet, Inc., 150 East Colorado Blvd., Suite 350, Pasadena, CA. 91105, and authorized the
Mayor and City Clerk to execute on behalf
of the
CITY COUNCIL MINUTES March 28, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted in the following accounts: 500-
3081-481105-2974 $168,589.08 (City Yard Warehouse), 550-3081-
481105-2974 $171,957.00 City Yard Warehouse), 500-5011-
481105-2975 $96,355.68 (City Yard Garage),
550-5011-481105-2975 $204,246.
00 (City Yard Garage), 725-7028-481105-9851 102,209.64 (Corporation Yard Improvements).
3.11 Contract Change
Order No.1 for Contract No. AGR-3384 with Albert Grover &
Associates. (A2100.0 AGR-3384)SUMMARY: The City currently has an existing contract with
Albert Grover &Associates for preparation of the City's Master Plan of Street Lighting. This change order
will increase the
amount of the contract by $9,500.00 to provide for additional
field data collection services.ACTION: Approved
Contract Change Order No. 1 with Albert Grover & Associates in the amount of $9,
500.00.FISCAL IMPACT: Funding
for this change order is
available utilizing Gas Tax funds in Account No. 272-5032-483100-6456 (Street Lights).RATIFICATION OF DECLARATION
OF
EMERGENCY 3.
12 Review the existence of a local emergency as declared on April 1, 1999 (Vista Royale
Tract).ACTION: Approved.3.13 Review the need to continuethe installation
of a
Methane
Gas Control System at
Yorba Park in response to an emergency. (C2500.0.
M.4.1)ACTION: Approved.RESOLUTIONS REMOVED AND HEARD SEPARATELY)3.14 RESOLUTION NO. 9237 (
C2500.J.4.6)A Resolution of the City Council of
the City of Orange relating to the Classification,Compensation,
and Terms of Employment of Executive Directors and Top Management Employees, and Repealing Resolution No.
9083 and Amendments Thereto.COUNCILMAN SLATER - MINUTE ORDER: "I intend to support this because
I agree with all of the recommendations in terms of giving raises to our Top Management and
increasing their benefits. The only thing I object to, which I did express in Closed Session,
is giving
CITY COUNCIL MINUTES March 28, 2000
3. CONSENT CALENDAR (Continued)
raise without the benefit of a public hearing. That is the only comment I wanted to make.
Otherwise, I will support this."
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve.
3.15 RESOLUTION
NO. 9243 (C2500.M)A Resolution of
the City Council of the City of Orange approving the submittal of certain Public Works Improvement
Projects to the Orange County Sanitation District for Funding Under the
Cooperative Projects Funding Program.ACTION: Approved.3.
16 RESOLUTION
NO. 9245 (C2500.M.I.1)A Resolutionof
the City Council of the City of Orange approving the submittal of the 6th Cycle Used Oil
Block Grant application.ACTION: Approved.3.
17 RESOLUTION
NO. 9246 (R3500.0)A Resolution of
the City Council of the City of Orange approving the City's continued participation with the
County of Orange in a Mortgage Credit Certificate Program;authorizing an application
by the County on behalf of the City of Orange and/or the Orange Redevelopment Agency
to the California Debt Limit Allocation Committee for an allocation of
authority to issue Mortgage Credit Certificates for calendar year 2000 and the transfer
of such allocation to the County of Orange; and authorizing and directing the Orange Redevelopment
Agency to administer the City's responsibilities under the Program.ACTION: Approved.
3.
18 RESOLUTION
NO. 9247 (C2500.G.2.0)A Resolution of
the City Council of the City of Orange expressing appreciation to Jack McGee of the
Community Development Department and commending him for over 28 years ofloyal and
dedicated service to the City of Orange.ACTION: Approved.PAGE
6
CITY COUNCIL MINUTES March 28, 2000
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.
6 and 3.14 were removed and heard separately. The remainder of the Consent Calendar was
approved as recommended.END OF CONSENT
CALENDAR 4.REPORTS FROM
MAYOR COONTZ Tape 1060 4.1 Request
for a Progress Report and recommendations on the City's new Automated Recycling System.Mayor
Coontz reported
the City's new automated recycling system is a success. Overall, the residents of Orange
are pleased with the new system and carts. Mayor Coontz indicated that she met with several
residents asking them if they had any questions or concerns with the new system. Some residents
indicated they had misplaced the initial Waste Management brochure,had questions relative
to what can or cannot be placed in the carts, or what they should do if they want a smaller
cart. Mayor Coontz suggested magnets or decals with Waste Management's phone number (637-
3010), as well as the City's water bill be used to address some of the questions. She
noted that calls received on the Mayor's Hotline (744-5511) are forwarded immediately
to the City's contact person at Waste Management. Mayor Coontz commented further
that the City needs to continue its challenge to meet State recycling requirements,indicating
that the City has had a 31 % increase in tonnage. When appropriate, a progress report on
the success of the system was requested.Councilman
Murphy indicated that the inside lid to the carts answers many questions residents may
have.Councilman
Slater commented a citizen recently noted to him that a lot of people leave their trash
carts out until the next day which makes it difficult for the street sweeper to sweep the streets.
This resident suggested that a reminder be placed in the water bill for residents to take their
trash carts in the day trash is collected so the street sweeper can do its job the next day.Carole
Walters, (address on file), expressed concern that residents of Orange might be ticketed for
placing their trash carts too close together, like the City of Santa Ana. Will this happen in Orange
after a year? The City Manager responded that the City currently does not have this type of
policy. The Council would need to vote to approve such a policy.PAGE
7
CITY COUNCIL MINUTES March 28, 2000
5.REPORTS FROM COUNCILMEMBERS Tape 1293
5.1 Councilman Alvarez - Request for information from staff concerning impacts of Measure
F.Councilman
Alvarez commented since over 60% of Orange residents voted in support of Measure
F, he felt it was time for Council to address the wishes of the voter. The City of Tustin recently
took action. All of the cities that were promoting the airport at EI Toro are now looking at
lawsuits and the legal fighting that will be going on between Orange County and the federal government.
For this reason, he does not want the City of Orange to become involved. On March
20th a court ruled in favor of the groups that opposed the EI Toro Airport. Councilman Alvarez
feels that Council needs to refocus its direction, which he said has primarily been on trying
to keep jails out of the East Orange area and to see what can be done about the John Wayne
Airport. Councilman Alvarez requested the City Manager direct staff to assess whether the
City should continue its involvement in the Orange County Regional Airport Authority OCRAA)
and bring the information back to Council for action.Mayor
pro tem Spurgeon commented that he continues to support the concept of an airport at EI Toro.
However, since 60% of the Orange residents did vote in favor of Measure F, he supports staff
preparing a impartial matrix of the pros and cons of the City of Orange retaining its membership
in OCRAA, with a report back to Council.Mayor
Coontz commented that a lot of people who supported Measure F voted for it on the basis of
the 2/3rd's vote. A 2/3rd's vote means that all of Orange County will decide where the jail will
be located. Mayor Coontz indicated she feels that Measure F was designed to accommodate a
jail in East Orange, as Measure F states that jails would not be built or expanded within 1/2 mile
of residential properties. The site that Lake Forest and Irvine have chosen is over 1/2 mile.In
addition, the question of maximum security still has not been addressed. The City is still assessing
what the future will be for the City of Orange regarding a jail.Councilman
Slater, who serves as the City's representative on the OCRAA, commented Measure F
did pass by a large majority in the City of Orange and in the County. He respects what the voters
have to say. Although you cannot second guess the voters, he feels that one of the things the
voters were saying is that they really want more involvement in the planning process and they don'
t like the way the planning process has been conducted up to this point. Councilman Slater indicated
a newspaper reporter told him that some exit polls showed that many that voted in support
of Measure F said they were not anti-airport; they still support the airport; and that they
just want to participate more in the process. Further, the City does not pay to belong to OCRAA.
No taxpayer monies have been spent to support or oppose the airport. OCRAA is going to
reassess and take a different approach to the entire process. The City needs to continue its
membership with OCRAA, as many cities in the County have and will continue to do, and be a
part of the process and the solution. Councilman Slater said he cannot support any effort to even
consider the City withdrawing from OCRAA at this time.
PAGE 8
CITY COUNCIL MINUTES March 28, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz asked if OCRAA will be assessing what they are doing? Councilman Slater
explained that several groups have been combined and will be participating with OCRAA
directly, including the Airport Working Group (Chaired by Mayor Tom Daly). The County of
Orange has joined as ad hoc members. More groups and people are getting involved.
Councilman Slater further stated that he does not want staff time and resources spent to do a
study unless the City is really considering withdrawing from OCRAA.
Councilman Murphy expressed support for staff preparing an assessment report based upon what
the City knows today. Proposed changes could be incorporated, once information on OCRAA is
received back from Councilman Slater.
SPEAKERS ON MEASURE F:
Carole Walters, (address on file), commented on jails and Measure F.
Peter Wetzel, 7217 E. La Cumbre, urged Council to withdraw from OCRAA.
Barbara DeNiro, (address on file), spoke regarding the airport.
MOTION - Alvarez SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved
to direct staff
to make an assessment of the participation of the City of Orange in the OCRAA organization, including the
comments of the Mayor and Councilmembers.6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 7.ADMINISTRATIVE REPORTS Tape 2055
7.1 Information Technology Strategic
Long Range Plan. (C2500.J.2)SUMMARY: The Information Technology Strategic
Long Range Plan establishes a master plan for the acquisition and implementation
of the information technology resources. This report includes a recommended funding level
of over $1.5 million for Information Technology Capital projects for the proposed FY
2000-01 IT Budget. Such an investment updates the City's technology resources (PCs and
network backbone) to current standards which allows the City to ensure that its technology
resources are effectively working for the City and that the City utilizes advancements in technology to
provide a higher level of service to its residents.FISCAL IMPACT: The Information
Strategic Plan identifies over $10 million in recommended information technology initiatives over
the next four years. Based on the IT Strategic Plan, staff PAGE 9
CITY COUNCIL MINUTES March 28, 2000
7. ADMINISTRATIVE REPORTS (Continued)
is recommending an IT capital budget of $1 ,586,000 to be included in the proposed FY 2000-
01 budget. In addition, a budget appropriation of $274,695 from the General Fund
Unappropriated Reserve is being requested for the FY 1999-00 IT budget to address operational
and
capital needs.NOTE: Councilman Murphy declared a potential conflict of interest with his
employment and left the
Council dais.The Senior Assistant to the City Manager presented
the report.Mayor Coontz commented that several years ago there had been discussions about
replacing the ancient display system (located behind the Council dais) which was used to display
maps, etc.,with a new projection system. She stressed the importance of the public, as well as
Council, to be able to easily view maps and documents, especially with the meetings being
televised on cable. Mayor Coontz distributed copies to Council of systems utilized by various
other agencies.Councilman Alvarez asked how the technology accomplishments for preparing for
Y2K compare to what is being proposed at this time? What is the life span of the new hardware?
The Senior Assistant to the City Manager explained that approximately $1.3 million of a total $1.
5 million was spent on the Police Department's Computerized Dispatch System. The remainder
of the monies were used for software upgrades for Y2K compliance. The hardware, or
the network backbone, was already Y2K compliant, and not addressed at that time. The average life span
of a personal computer is approximately three years. The average life span for a
network backbone equipment is approximately
3-5 years.Bob Bennyhoff, 10642 Morada Drive, expressed support for the technological changes
as well as the projection system
for the Chambers.MOTION -
Mayor Coontz SECOND -
Alvarez AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy Moved
to: 1) Receive and file report; 2) appropriate from Unappropriated General Fund Reserves, $
250,000 to the 1999-00 MIS Computer Capital- Data Processing Upgrade Budget in
Account Number 790-1601-481303-9640 for the Information Technology
Upgrade Project and 24,695 to the 1999-00 MIS Operating Budget in
Account Number 780-1601-426700-0000 to amend the IT Support Agreement with ACS to increase the
level of on-site IT support; and 3)immediately consider a video
projection
system for
CITY COUNCIL MINUTES March 28, 2000
8.REPORTS FROM CITY MANAGER Tape 2591
8.1 Presentation of the Second Quarter 1999-00 Budget Report which includes
the period July 1, 1999 through December 31,1999. (C2500.E.
4)SUMMARY: This Second Quarter Report helps inform the City Council of
departmental performance for the quarter, including progress towards the achievement of departmental
goals and completion of major capital improvement projects, and summarizes the results of the City'
s financial
operations.The City Manager presented the
report.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
receive and file the Second Quarter 1999-00 Budget Report; 2) approve a $598,546 budget
adjustment from Unappropriated General Fund Reserves to be allocated into the specific accounts
shown on Page 4 and 5 of the report; and 3) approve a net $338,000 budget adjustment from
various non-General Fund funds as shown on Page 6 of the report.
9.LEGAL AFFAIRS Tape 2700
9.1 ORDINANCE NO. 5-00 (A2500.0 Transient Occupancy
Tax)An Ordinance of the City Council of the City of Orange Amending Section5.16.040 of
the Orange Municipal Code Relating to the Transient Occupancy
Tax.MOTION - Slater
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 5-00 be read by title only and same was set for second reading by the preceding
vote.9.
2 ORDINANCE NO. 6-00 (A2500.0 Zoning, Oversized Garages)
An Ordinance of the City Council of the City of Orange amending Chapters
17.10 and 17.14 of the Orange Municipal Code relating to oversized garages in
residential zones.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 11
CITY COUNCIL MINUTES March 28, 2000
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 6-00 be read by title only and same was set for second reading by
the preceding
vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 6:05 p.m. to a Closed Session for the following
purposes:a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 78 02 84
Lloyd Jones v. City of Orange, Orange County Superior Court Case No. 79 01 75 (This item
was not discussed).
b. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
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
Barbara DeNiro, (address on file), commented on the placement of portable-potties on
school grounds; trash at Y orba Middle School; flying balloons at car dealerships over the weekends;
and the recent proliferation of graffiti in the City. Mayor Coontz referred Ms. DeNiro to the
Police Chief. The Police Department is working diligently on the graffiti
issue.Carole Walters, (address on file), asked what the guidelines are for membership on the
Park,Planning and Development Commission. Mayor Coontz responded the guidelines were listed
in a newspaper advertisement seeking applicants for the commission. Also, the City Clerk
and Director of Community Development have the information
available.Anne Siebert, 340 S. Olive, asked what the schedule is for the Plaza renovation. The
City Manager responded staff will seek Council's approval for the project to go out to bid in
October,2000. Councilman Slater added that the Director of Community and Library Services
advised him that work should commence approximately one year from
now.PAGE
CITY COUNCIL MINUTES March 28, 2000
13. PUBLIC HEARINGS
13.1 2000-01 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM (C2500.G.1.
3)Time set for a public hearing to consider the FY 2000-01 Community Development
Block Grant CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose of
the public hearing is to consider the funding recommendations of the CDBG Program
Committee and approve the City of Orange FY 2000-01 CDBG and HOME Programs. The City
is proposing to allocate a total of $2,063,000 in CDBG funds for a variety of
FY 2000-01 community development activities. This total includes the FY 2000-01 CDBG
entitlement of $1,413,000 and $650,000 of unexpended CDBG funds from prior years. It is also
proposed that $476,000 in HOME funding be allocated for the acquisition,
rehabilitation, and
development of affordable housing projects.The Housing Manager explained the CDBG Program is federal funds
the City receives on an annual basis to be used for community development and housing
type activities. The funds are typically used for programs that improve the infrastructure of the City,
i.e., sewer work, storm drains, street improvements. The funds can also be used for
public service activities in City departments; public service type activities provided by
non-profit agencies; and for public improvements to facilities owned by
non-profit agencies. The CDBG Committee has recommended funding for 17
non-profit agencies. The Home Investment Partnerships Act HOME) Program provides federal funds
that are typically allocated for acquisition of existing housing and rehabilitation. These funds have also
been used for development of housing for low and moderate income people in the community.
Projects have not yet been
designated for the use of the HOME funds.In response to Councilman Alvarez,
the Housing Manager explained the projects for which funding is allocated must be in the City
of Orange. The agencies being funded either have facilities or services that
are carried out in the City
of Orange.MAYOR COONTZ OPENED THE PUBLIC HEARING.THE FOLLOWING INDIVIDUALS
THANKED COUNCIL AND
THE CDBG COMMITTEE FOR SUPPORTING THEIR FUNDING REQUESTS:Suzanne Counts,
247 S. Rosalind Drive, Assistance League of Orange Rosanna Bertheola, 1821 E. Dyer Road,
Suite
200, Santa Ana, CSPIDrug Court Clinic Orange County Beverly Nestande,
1800 E. Heim Avenue, Olive Crest Treatment Centers Greg Jacobson,
21105 Wheaton Terrace, Lake Forest, Christmas
in April
CITY COUNCIL MINUTES March 28, 2000
13. PUBLIC HEARINGS (Continued)
Attachment 1
CITY OF ORANGE FY 2000-01 CDBG FUNDING
RECOMMENDATIONS PROJECTjPROGRAM Proposed
Recom-
mended Economic Develo
ment Administration 262,665 262,
665 Communi
Services Taft Branch Libra Remodel ADA Com Iiance 103,300 103,
300 Public
Works ADA Ram 1m rovements - Ci -wide 230,000 153,175
Storm Drain Construction -Walnut Avenue Storm Drain-GIassell Street to Shaffer
Street 588,000 588,
000 Sewer Construction - Walnut Avenue, Phase I, Cress Street to Gran e Street 347,000 347,000
Storm Drain Construction -Shaffer Street Storm Drain -Walnut Avenue to 200' s/o Everett
Place
226,000 226,000
Waterline Renewal - Hi Wand Street! Adams Avenue 203,710 100,000 Hart
Communi Homes 16,000 16,000 Give
the Children Homes - Purchase of a ou home for emotionall disturbed outh 7,755
7,755 PAGE 14
CITY COUNCIL MINUTES March 28, 2000
13. PUBLIC HEARINGS (Continued)
PROJECT/PROGRAM Proposed Recom-
mended
Rile House - Rehabilitation Wheeler
Home for Teena e Girls - Rehabilitation Oran e
Children and Parents To ether, Inc.11,220 11,220 Handica ed
Accessibili 1m rovements to Restroom Communi Services
Pros ect
School/KilleferjEl Camino Park Communi Pro ram 35,000 35,000 Police Footbeat/
Bike
Officer Pro am 100,000 100,000 Assistance Lea
e of Oran e 7,400 5,000 o eration
School Bell urchase of school uniforms 10,000
5,000 Youth Counselin
for at-risk OUSD students Casa
Teresa 10,000 10,000 Transition
Pro am Assistance to homeless, unwed mothers 15,
000 12,350 rovements
for lower income homeowners Community
Service Programs, Inc.9,000 5,000 PAGE
15
CITY COUNCIL MINUTES March 28, 2000
13. PUBLIC HEARINGS (Continued)
PROJECT/PROGRAM Proposed Recom-
mended
Da Ie McIntosh Center for the Disabled 5,000 3,000
Erner ency Shelter and Housin Assistance Program (Shelter and short term finandal aid)
H.O.M.E.S., Inc.8,520 0-
Homework House 5,000 5,000
Tutorin thrOll h the Arts
Interval House 10,000 5,000
Interval House Crisis Shelters Domestic violence shelter
5,000 3,000
LSSjFriendly Center Emergency Assistance Program (Transportation, lodging, & utility assistance)
Marl OBa Women's Center 10,000 5,000
Individual and fami!
Oran e Children & Parents To ether, Inc.14,025 0-
Famil Service Advocate Su ortive services at the Glassell site
Pro"ect GET SAFE 15,000 0-
Teen Em Qwerment Initiative Assault
Safel on Shore Ministries, Inc.30,000 0-
Middle Ground Pro ram reconciliation
STOP-GAP 5,700 5,
000 Theatre Based Pro rams for Seniors era TO
am Tumin Point Center for Families 8,000 5,
000 Outreach Coordinator in City (promotion of Counseling
Program)PAGE
CITY COUNCIL MINUTES March 28, 2000
13. PUBLIC HEARINGS (Continued)
PROJECT/PROGRAM Proposed Recom-
mended
Vanta e Foundation, Inc.12,000 0-
YMCA of Oran e 8,600 8,600
After School Tutorin Schools)
GRAND TOTAL 2,362,830 W$2,063,
Total allocation is comprised of the 2000--01 entitlement amount of$1,413,000 and $650,000 from prior years that will be reappropriafed for
2000-01.
Attachment 2 CITY OF
ORANGE CDBG Four-Year
Funding Allocation History 1996-97
1997-98
1998-99 1999-00
TOTAL CITY DEPARTMENTS Communitu and Libra11l Services Graffiti Removal Program
26,000 0
0 0
26,000 t\DA Improvements-City acilitiesjMain Library 75,
000 0 356,300 250,000 31,300 I ADA Tot Lot
Imorovements 0
CITY COUNCIL MINUTES March 28, 2000
Prospect School! Killefer / EI
Camino Park Community
Programs 37,000 30,000 35,000 35,000 137,000
13. PUBLIC HEARINGS (Continued)
CITY DEPARTMENTS 1996-97 1997-98 1998-
99
1999-00 TOTAL Cont.)Senior Center Improvements 0 200,000 150,
000 0
350,000 Community Development Revised 2000 Housing 0 0 0
20,
000 20,000 Element Clean Up Assistance Program 0 0 0
10,00010,000
Economic Devel(Jpm~t ... ..Administration and 151,308 268,620 184,170
150,
000
754,098 Contingency Fire .Fire Prevention Specialist 60,000 50,310
0
0 110,310 Police Foot Beat/Bike Officer 60,000 60,000 121,650
100,000 341,650 Graffiti Diversion Program0 20,000 Fundt!d thru DCHaIf- 0
20,000
wal/Hause Public Works ADA Improvements-Curbs 230,000 122,220 1190,
000 150,000 692,220 Street, Sewer, Storm Drain 2986,630 3598,830 768,000
695,
100 3,048,560 Improvements 1 Includes reprogrammed
carryover amount of $164,170 2 Includes reprogrammed
carryover amount of $229,700.3 Includes reprogrammed
carryover amount
CITY COUNCIL MINUTES March 28, 2000
Street Light Improvements 0 250,000 0 0 250,000
NON-PROFIT
AGENCIES ssessment and Treatment4,420 0 3,500 5,000 12,
920 Services
Center I Assistance League of Orange 4,000 4,000 4,000 5,000 17,
000 13. PUBLIC HEARINGS
Continued DEPARTMENTS 1996-97 1997-98
1998-99 1999-00 TOTAL Casa Teresa 0 0
0 10,000 10,000 Casita de San Jose 0 0
4,000 0 4,000 Serving 0 03,
000 5,000 8,000 Community Service Programs, 7,480 9,0005,
000
9,000 30,480 Inc.Dayle McIntosh Center for the 0 6,000
0
5,000 11,000 Disabled E 017,
450 0 0 17,450 Council of 17,592 19,980 19,
800 19,740 77,112 Food Distribution Center 13,500
0 0 0 13,500 Hart Communi Homes 0 1,200
0 4,000 5,200 H.O.M.E.S., Inc. 5,270 4,900 13,
000 12,800 35,970 Homework House 0 0 3,
000 2,000 5,000 Interval House 0 5,000 4,
000 5,000 14,000 Lestonnac Free Medical Clinic 0 0
8,500
CITY COUNCIL MINUTES March 28, 2000
Mariposa Women's Center 0 0 3,500 5,000 8,500
Olive Crest Treatment Centers 6,000 15,000 13,230 15,000 49,230
Orange Children & Parents 0 4,800 8,300 4,480 17,580
Together
Orange County Council on 5,000 5,000 4,000 5,230 19,230
Aging
13. PUBLIC HEARINGSJContinued)
CITY DEPARTMENTS 1996-97 1997-98 1998-
99
1999-00 TOTAL Cont.)Orange County Half-way 0 0 10,
000 3,000
13,000 House dba OCYFS STOP-GAP 4,500 1,000
3,000 4,750 13,250 Turning Point Center for 0 5,
000
3,500 0 8,500 Families YMCA of Orange 4,000 4,000
3,000 3,600 14,600 YWCA of Central Orange 0
0
0 10,000 10,000 Cou~GRAND TOTAL $1,697,700 $1,952,310 $1,565,150 $
1,410,000 $
6,625,160 MOTION -
Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor
Coontz, Spurgeon,
Alvarez Moved to:Approve the funding recommendations of the CDBG Program Committee for
the City of Orange FY 2000-01 CDBG Program as
detailed on Attachment 1.Authorize staff torequest and receive $1,413,000 in FY 2000-
01 CDBG funding from the United States Department of Housing and Urban
Development (BUD) and to reappropriate 650,000 of CDBG funds from prior years for a total FY
2000-01 CDBG
Program budget
CITY COUNCIL MINUTES March 28, 2000
Authorize the City Manager or his designee to execute the Grant Agreement and all related
documents on behalf of the City.
Authorize the City Manager or his designee to execute Subrecipient Agreements and all
related documents with City departments and nonprofit agencies that will receive FY 2000-
01 CDBG
funding.Send a letter expressing the City's appreciation for the receipt of CDBG and HOME
funding to the United States Department of Housing and Urban Development (BUD), indicating
the City's good use ofthe
monies.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to:
Authorize staff
to request and receive $476,000 in HOME funding from the United States Department of
Housing and Urban Development (BUD) for FY 2000-01.Authorize
the City Manager to execute the Grant Agreement and all related documents on behalf
of the City.14.
PLANNING AND ENVIRONMENT Tape 4080 14.
1 APPEAL NO. 469; DESIGN REVIEW COMMITTEE APPEAL NO. 5-99;
APPLICANT/APPELLANT: RON HORTON (A4000.0 APP-
469)Appeal by Ron Horton to consider the Planning Commission's decision to find the project is
not categorically exempt from the provisions of the California Environmental Quality Act,
according to CEQA Guidelines, Section 15331, since the project is inconsistent with the Old Towne
Design Standards and the Secretary of the Interior Standards and uphold the Design Review Board'
s denial of DRC No. 3434 (DRC Appeal No. 5-99) regarding an unauthorized
roof replacement and modified front porch for an existing residence in Old Towne Orange Historic
District upon property located at 237 N.
Harwood Street.NOTE: Councilman Slater declared a conflict of interest due to his residence
being located within 300 feet of the appellant's property and left the
Council dais.The Planning Manager reported the City received a complaint last year that
modifications were being made to the historic home at 237 N. Harwood Street. The Building
Division investigated the complaint and determined that no design approval or building permits had
been requested,and issued a stop work order. In spite of the stop work order, the modifications to
the structure continued and were completed. The property owner subsequently filed plans with
the City requesting approval of his modifications. The plans were reviewed and ultimately denied
by the Design Review Board, the new Design Review Committee, and the Planning
Commission. Each reviewing body determined that the modifications to the historic structure are not
consistent with the Old Towne Design Standards. The determination was made that the modifications
were too contemporary in nature and significantly changed the character defining features of
the historic
CITY COUNCIL MINUTES March 28, 2000
property. Mr. Horton subsequently appealed the decision of each reviewing body, and cited
addresses of other properties in the neighborhood which he feels are in violation of the Old
Towne Design Standards. Although not relevant to Mr. Horton's situation, staff is investigating
each of the properties cited and will follow-up with each property owner who is not
in compliance with the City's regulations. Many properties in Old Towne have been modified
over the years. Most of the modifications were done prior to the 1995 adoption of the Old
Towne Design
Standards.Mayor Coontz asked why the applicant was allowed to go through the process without a
building permit or design review approval? What is the significance of the stop order? The
City Attorney explained that the issue before Council is to determine whether or not the
current design complies with the Old Towne Design Standards. Homeowners that fail to comply
with work stop orders are in violation of the building code. There are possible fines and the
violation is handled as a separate
issue.MAYOR COONTZ OPENED THE
HEARING.APPELLANT: Ron Horton, 237 N. Harwood, referenced several homes in Old Towne which
he feels do not comply with the Old Towne Design
Standards.SPEAKING IN FAVOR TO THE
APPEAL:Carole Walters, (address on file), commented on the stop orders issued to Mr. Horton
and modifications made to other properties in Old
Towne.SPEAKING IN OPPOSITION TO THE
APPEAL:Janet Crenshaw, 464 N.
Shaffer Joan Crawford, 394 S.
Orange Mary Anne Skorpanich, 292 N. Cambridge, Old Towne Preservation
Association Robert Imboden, 226 W.
Palmyra Jeff Frankel, 384 S. Orange
Street Tom Matuzak, 340 S.
Grand Reasons: Other residents had to take out permits; importance of enforcing the Old
Towne Design Guidelines; allowing the project modification would set a precedent in Old
Towne;applicant was not receptive to suggestions made by Design Review Board/Committee;
applicant ignored stop work order notices; project does not meet the Old Towne Design Standards or
the Secretary ofInterior
Standards.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE
HEARING.PAGE
CITY COUNCIL MINUTES March 28, 2000
REBUTTAL:
Ron Horton commented after hearing the opposition, it means that at least the property at 227 N.
Shaffer will be returned to what it looked like in 1998.
Mayor Coontz asked if the roof is the main issue or if other elements are not consistent? The
Planning Manager responded the roof and front porch are the main issues.
COUNCIL COMMENTS:
Mayor pro tern Spurgeon expressed disappointment that the project progressed this far without
action being taken on Mr. Horton's violation of the building code. He cannot support the appeal,
based on the fact that the project is a clear violation of the 1995 Old Towne Design Standards.
Councilman Murphy concurred with Mayor pro tern Spurgeon. The project was denied by the
Design Review Board, Design Review Committee, and Planning Commission. Unfortunately,
Mr. Horton incurs more expense by ignoring the City's stop work orders.
Councilman Alvarez concurred with his colleagues and asked the City Attorney what type of
enforcement can be expected after Council takes action? The City Attorney explained the
building code violation of proceeding with the project after the receipt of a stop work order will
be prosecuted by a citation. The building permit violation will be handled by the City Attorney's
office. Relative to the issue of failure to comply with the Old Towne Design Standards, should
the Council deny the appeal, and subsequently adopt a Resolution denying the appeal, the
appellant would be notified of the reasons for the denial and be provided a reasonable
opportunity to work with staff.
Mayor Coontz commented she was part of the first survey of the homes in Old Towne in 1976.
For over twenty years there has been knowledge ofthe guidelines for Old Towne development.
MOTION - Mayor Coontz SECOND -
Murphy A YES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT -Slater
Moved that
this application is not consistent with the Old Towne Design Standards as recommended by
the Design Review Board, the Design Review Committee, and the Planning Commission.MOTION -
Mayor
Coontz SECOND - Murphy AYES -
Murphy, Mayor Coontz,
Spurgeon, Alvarez ABSENT -Slater Moved to
deny Appeal
No. 469.PAGE 23
CITY COUNCIL MINUTES March 28, 2000
THE CiTY COUNCIL CONVENED TO CLOSED SESSION AT 8:20 AND RECONVENED AT 9:10 P.M.
15. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 9:10 p.m.7444M<.!?<:d/kr.
R -,.J d CASSANDRA J. 1\THCART,
CMC CITY CLERK JOANNE COONTZ
MAYOR J
PAGE 24