3/28/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED 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.
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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.
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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 due to industrial injuries.
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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.
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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 continue the 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
ourselves an increase in benefits, which I think is a round-about way of giving ourselves a
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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 Resolution of 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.
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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.
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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.
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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
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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 the Council Chambers and cable
transmission.
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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 Section 5.16.040 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
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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.
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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
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
PAGE 13
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
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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 16
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 0 0 85,000 85,000
PAGE 17
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 10,000 10,000
..
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 Program 0 20,000 Fundt!d thru DC HaIf- 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 of $509,310.
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CITY COUNCIL MINUTES
March 28, 2000
Street Light Improvements 0 250,000 0 0 250,000
NON-PROFIT AGENCIES
'\ssessment and Treatment 4,420 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 0 3,000 5,000 8,000
Community Service Programs, 7,480 9,000 5,000 9,000 30,480
Inc.
Dayle McIntosh Center for the 0 6,000 0 5,000 11,000
Disabled
E 0 17,450 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 0 8,500
PAGE 19
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 to request 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 of
$2,063,000.
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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
PAGE 21
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 22
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