05-13-1997 Council MinutesApPROVED BY THE CiTY COUNCIL ON MAY 27, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 13,1997
The City Council of the City of Orange, California convened on May 13, 1997 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 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon.
1.2 ROLL CALL
PRESENT - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT -
Slater 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The City
Manager announced the 7:00 p.m. Session of the City Council will not be held due to
the lack of a quorum.COUNCILMAN SPURGEON
COMMENTED FOR THE RECORD: "Based on the City Manager's
earlier announcement about no 7:00 meeting and the fact that I was, in good faith, had
made other logistical plans, I have to leave here at approximately 6:45".Mayor Coontz
announced the new web site on the Internet for the City of Orange is www.ci.
orange.ca.us. hosted by Netus, a local Internet service provider.1.4
PROCLAMATIONSA proclamation
honoring National Public Works Week, May 18 through May 24, 1997 was presented
to Harry Thomas, Director of Public Works.2. CONSENT
CALENDAR 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of May 13, 1997 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia and 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.PAGE 1
CITY COUNCIL MINUTES May 13, 1997
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated April 22 and May 2, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, April 22, 1997 and
Adjourned Regular Meeting, April 29,1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
ACQUISITION
2.5 Request Council authorize the execution of escrow documents for the acquisition of a
small parcel at 454 South Glassell Street. (A2100.0 AGR-
2817)FISCAL IMP ACT: The purchase price in the amount of $2,500 plus related escrow
fees is available in Account No. 271-5011-483300-3017 -
Special Gas Tax.ACTION: Authorized Mayor and City Clerk to execute escrow and
related documents on
behalf
ofthe City.APPROPRIATIONS 2.6 Request Council approve the appropriation of $834.58 from
Account No. 356-0000-2940000, State Asset Seizure Funds for Detective Belville
to attend the Western Clandestine Laboratory Investigator's
Association Conference. (C2500.
K)FISCAL
IMPACT:
None.ACTION: Approved.BIDS 2.7 Request Council approve plans and specifications and authorize
advertising for bids for improvements on Cherry Drive from Main Street to 650 ft. east
and Lime Street between Palm Avenue and Sycamore Avenue (S.P.
3198). (S4000.S.7)FISCAL IMPACT: Funds in the amount of$79,019 are
budgeted in the Capital Improvement Program and available
in the
CITY COUNCIL MINUTES May 13, 1997
2. CONSENT CALENDAR (Continued)
310-
6059-483300-1814-
16114
Reconstruction Local Streets
310-6059-
483300-1814-
16115 Reconstruction
Local
Streets 43,152 35,867 ACTION:
Approved.CLAIMS 2.
8 CLAIMS FOR
DAMAGES FROM:a.
Lainey Nail b. Frank
Pellerin c. John Lambrose d. Eugene J.
Geary e. Hillcrest at Nohl Ranch Homeowners Association ACTION: Denied applications for
permission to present late claim and claims for damages and
referred
to City Attorney and Adjuster. (C3200.0)CONTRACTS 2.9 Request Council approve a final contract change
order in the amount of $21,669 to Nobest, Inc. for increase in quantities at
contract unit prices. Bid No. 967-17, SP
3190,ADA wheelchair access ramps 1996-97. (A2100.0 AGR-2727)FISCAL IMP ACT: Funds
in the amount of $21 ,669 are budgeted
in the
following account: 310-6059-485100-1328-16113 - Community Development Block Grant funds.ACTION: Approved.2.10 Request
Council approve a final construction change order in the amount of $13,
793.75 to Baxter-Griffm Co., Inc. for performing additional street
improvements at Tustin St.and Quincy Ave./Post Office. Bid No. 956-30. (A2100.0
AGR-2630)FISCAL IMPACT: Funds in
the amount of $13,793.75 are budgeted in the following account: 284-
5032-483300-6052 (Traffic Signal Tustin/Quincy).Discussion: Barbara DeNiro, (address on file), inquired about the utilization
of the two drop boxes at the curbs
on East
CITY COUNCIL MINUTES May 13, 1997
2. CONSENT CALENDAR (Continued)
The Director of Public Works responded that the drop boxes are being used and alleviate
the need for vehicles to access the post office parking lot. The plan to have the drop
boxes on the middle island was denied by the Traffic Commission due to concerns of
adjoining businesses.
ACTION: Approved.
REQUESTS
2.11 Request from Mike and Janet Bair to construct a public sewer in a City-owned parcel
to serve their property at 20408 Amapola Alley, located in the unincorporated area
of Orange Park Acres. (A2100.0
AGR-2818)FISCAL IMP
ACT: None.ACTION: Approved, subject to execution ofrequired sewer agreement and
payment
of
fees.RESOLUTIONS 2.12 RESOLUTION
NO. 8764 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and approving the
subdivision of property situated at the northeast corner of Canyon View Avenue and White
Oak Ridge.T4000.
0 TRT-15398)Tentative Tract 15398 Applicant:
Pulte Homes
Corporation ACTION: Approved.2.13
RESOLUTION NO. 8765 A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvement; Bid No. 967-17;
S.P. 3190; Nobest Incorporated; ADA Wheelchair Access Ramps at various
locations
1996-97. (
A2100.0
CITY COUNCIL MINUTES May 13,1997
2. CONSENT CALENDAR (Continued)
2.14 RESOLUTION NO. 8768
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 967-09; Copp Contracting,
Inc.;Street Maintenance 1996-97. (A2100.0
AGR-2554.
A)ACTION: Approved.2.15
RESOLUTION NO. 8769 A Resolution of the City Council of the City of Orange temporarily closing
a section of Walnut Ave. for a special event. (Chapman University
annual Baccalaureate and Graduation ceremonies.) (
S4000.S.
4)ACTION: Approved.2.16
RESOLUTION NO. 8771 A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work improvement relating to Fire Hydrant Painting.
Bid No. 967-16;Merzi
Painting. (A2100.
0 AGR-2721)ACTION: Approved.
2.17 RESOLUTION NO. 8773 A Resolution of the City Council of the City of
Orange amending the Top Management Resolution No. 8639 to reclassify the classification of
Investment Officer at Salary Range 480, $3908 to $5011 per month to InvestmentlRevenue Officer
at the same salary range,and direct staff to amend the Fiscal Year 1996-97
Budget to reflect this change effective
May 13,
1997. (C2500J.4.6)ACTION:
Approved.2.18 RESOLUTION NO. 8774 A Resolution of the City Council of the City
of Orange upholding the recommendation of the Planning Commission of the City of
Orange and approving the General Plan Classification 1-97 of property situated between
Glassell and Lemon Streets, south of
and adjacent to
Sycamore Avenue. (
C2300.E)
General Plan
CITY COUNCIL MINUTES May 13, 1997
2. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
2.19 Request from Chapman University for the temporary suspension of permit parking
restrictions within 'Area A' (Downtown Area) on Saturday - May 24th, 1997 through Sunday -
May 25th, 1997, for their annual Baccalaureate and Graduation Ceremonies.S4000.S.
3.1.2)FISCAL IMPACT:
None ACTION: Approved.
2.20
Requestfrom Orange High School for the temporary suspension of permit parking restrictions within '
Area A' (Downtown Area) on Saturday - June 8th, 1997 and Thursday June 12th, 1997,
for the annual Baccalaureate and Graduation Ceremonies.S4000.S.3.1.
2)FISCALIMPACT: None.ACTION:
Approved.MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez
ABSENT - Slater All items on the Consent
Calendar were approved
as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR
COONTZ 3.1 Concerns
regarding dumping in Santiago Creek.
Mayor Coontz reported numerous concerns have been received
regarding dumping in Santiago Creek. The Orange County Water District, the Fish
and Game, the City of Orange, and the Army Corp. of Engineers have jurisdiction over the Creek.
The area of concern is from Cambridge Street to the beginning of Hart Park. The
City Manager has been directed to pursue what the City's jurisdiction is.The City Manager indicated
a preliminary investigation done
by the Police Chief determined that Fairhaven Memorial Park could bring in clean fill
that the City would subsequently use in spots throughout the City. The Director of Public Works
was directed to assess whether the dirt being dumped by Fairhaven Memorial Park will present a
problem with Fish and Game and the other agencies that control those areas. Appropriate City departments
have been asked to jointly use codes to ensure the proper enforcement. The Director
of Community Services has been PAGE 6
CITY COUNCIL MINUTES May 13, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
asked to incorporate this area into the Community Services Park Study. A report will be broughtbacktoCouncilattheMay27, 1997 meeting.
4. REPORTS FROM COUNCILMEMBERS
4.1 Report from Councilman Murphy on Orange County Sanitation District and recent
projected rate changes.
Councilman Murphy reported on the proposed increase in user fees initially approved by the
Orange County Sanitation District Board during its April meeting. The increases range from 0%
to 20% next year, with subsequent year increases proposed for the next five years. The City of
Orange boundaries encompass portions of five districts within the Orange County Sanitation
District Board, Districts Nos. 1,2, 7, 13 and 14. An individual residents' rates are dependent
upon their geographical location in the City. Councilman Murphy indicated, as the City's
representative for the Orange County Sanitation District, he voted against the proposed rate
increases for the following reasons:
1. There is a Strategic Plan currently in process that is scheduled to be completed later
this year. It was indicated that until the Strategic Plan is completed, it is difficult to make
an accurate assessment of what the long term needs and requirements are for revenues for
the Board.
2. There is an accumulated funds policy for the Sanitation Board that has not been
reviewed for a number of years. It was indicated that there are reserve funds in all of the
districts that need to be reviewed from a district standpoint, prior to asking residents to
pay higher fees.
3. The suggestion was to approve rate increases for each of the next five years. It was
indicated that voters made it clear last year at the polls that they wanted to be notified of
rates increases on a yearly basis - Proposition 218.As
a result ofthe Orange County Sanitation District April board meeting, District No. 1 (mostly SantaAna), and a small portion of Orange, was scheduled to have the highest rate increase. The City
Manager of Santa Ana subsequently met with the Orange County Sanitation District Director
requesting a relief in rates for District No. 1 and to look at the policies involved in setting
the rates. A revised rate structure of an approximate 10% increase per year for District No.
1 will be considered by the Board at their next meeting. A final report will be given at the May
27, 1997 Council meeting.Mayor
Coontz commented that District No.1 does not cover residential areas of the City of Orange,
but covers the Town and Country complex. It was suggested that the City promote the consolidation
of the districts, especially when they touch a small portion of the City of Orange.ItwassuggestedthatsheandCouncilmanMurphypreparealetter, for the benefit of the Council,to
be sent to the other agencies for their support.PAGE
7
CITY COUNCIL MINUTES May 13, 1997
4. REPORTS FROM COUNCILMEMBERS (Continued)
COUNCILMAN MuRPHY COMMENTED FOR THE RECORD: "District 2 is a projected 2% increase,
in real dollar terms the rate goes to $73 per year. This is an assessment that comes on your
property tax bill. District No.7 is a 10% increase; District 13 and 14 are 0% increase across the
boards. District 1, which as the Mayor indicated mostly is Santa Ana and District No. 11, which
is another district that does not touch the boundaries of Orange, are the two districts that have the
most severe challenges in front ofthem. It appears now, with some of the movement from these
special meetings, that perhaps the policies behind what drove the rate increases may be revisited
before any of those go forward".
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Reappoint Darlene R. Chandler and Mary Ellen Laster (Alternate) to the Orange
County Housing Authority Advisory Committee (OCHA), terms to expire March 31, 1999.
OR1800.0.3.2)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to approve the
reappointments.5.2 Reappoint the
following members to the Orange Elderly Services, Inc., Board of Directors, terms to expire
4/30/2000. Richard Alarcon, Barbara Resnick and Chuck See.OR1800.0.21)MOTION -
Alvarez SECOND - Murphy
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez
ABSENT - Slater Moved to approve the reappointments.
5.3 Third
Quarter Report from the Investment
Oversight Committee. (OR1800.0.27.16)The City Treasurer reported the Investment Oversight Committee
met on May 2, 1997. A summary of the issues discussed at the meeting
include:There were no recommendations from the Investment Advisory
Committee this quarter. The City's conservative investment policy has made investment
decisions very simplified and the Investment Advisory Committee seems very satisfied with the
conservative investment strategy the City has implemented.PAGE 8
CITY COUNCIL MINUTES May 13, 1997
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
The current vacancy in the Investment Officer position was discussed and the Finance
Director's recommendation for a slight expansion in the job duties and hours worked was
presented.
The City Treasurer confirmed that the Assistant Finance Director would assume the day-to-day investment responsibilities and has full investment responsibilities as DeputyCityTreasureruntilInvestmentOfficerpositionis
filled.The Finance Director gave a status report on the RFP for banking services.
A recommendation will be coming to the City Council in the next
month.The preliminary survey results of the Investment Advisory Committee in OrangeCountycitieswaspresentedandinputwassoughtfromtheCommitteeforany
administrative changes to the current Investment Advisory Committee configuration. The survey along
with any recommendation for change will be presented to the City Council at the May
27th
meeting.MOTION - Mayor Coontz
SECOND - Alvarez AYES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater
Moved to receive
and file.6. ADMINISTRATIVE REPORTS
6.1 Report
from Director of Community ServiceslLibrary on the Orange Public Main Library Renovation. (C2500.
I)The Directorof
Community and Library Services gave a brief overview of the Comprehensive Strategic Plan preparedbytheconsultants, Arroyo and Associates. The Plan recommends the renovation of the
Main Library facility and addresses several issues presently facing the library,offering short andlongtermsolutions, which will pave the way for a promising future for library operation and servicesthatwillultimatelybeprovidedtothecommunity. The Director of Community and Library
Services confirmed that there are no recommendations at the present time to closetheTaftorElModenabranchlibraries, nor shall it be contemplated until the renovation process at
the Main Library is completed.Nick Conway, Arroyo
and Associates, summarized the comprehensive process involved in developing the Strategic
Plan. The highest priority of users of the public library service was the hours of service
and the quality of the collection.Robert Coffee, Arroyo
and Associates, presented exhibits and diagrams which depicted an assessment of the
existing facilities at the branches and the Main Library, concentrating the analysis on the
Main Library, and summarized recommendations on how to facilitate better servIce.PAGE 9
CITY COUNCIL MINUTES May 13,1997
6. ADMINISTRATIVE REPORTS (Continued)
Mr. Conway reported the recommendations from the study are as follows:
SHORT TERM (1999-
2000)funding of City librarian
position remodel and reorganize main library
facility increase hours of operation and book replacement ($100,
000)MID-
TERM (1999-2000)close
two branch libraries JP A with Rancho Santiago College District
and Chapman
College LONG-TERM (2000-2004)library foundation start a capital campaign to construct a 100,
000
sq. ft. central library facility construct a new library
facility in the year 2005 Mayor Coontz stressed the importance of recognizing the fact that
the City owns the branch library property and buildings and that future use ofthe branch
libraries needs to be explored.The following members of the Library Board of Trustee
and the Advisory Council were recognized with Certificates of Appreciation:
Carolyn Cavecche, Jan Mickelson, William Warne, Peggy Calvert, Mike Hairston, and Phyllis Cahill.
Employees ofthe library in the audience were also recognized
for their support
and efforts.MOTION -
Alvarez SECOND - Spurgeon AYES - Murphy, Mayor Coontz,
Spurgeon, Alvarez ABSENT -
Slater Moved to receive and file the Library Comprehensive Study prepared by Arroyo and
Associates.MOTION - Alvarez
SECOND - Mayor Coontz AYES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater
Moved to authorize
staff to prepare a request for proposal to retain an architectural firm to prepare design plans
for the renovation of the Main Library.MOTION - Alvarez SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon,
Alvarez ABSENT - Slater Moved to authorize the
expenditure of $1
00,000 to fund the architectural services.PAGE 10
CITY COUNCIL MINUTES May 13, 1997
6. ADMINISTRATIVE REPORTS (Continued)
6.2 Report from Director of Community ServiceslLibrary on McPherson Athletic
Facility. (C2500.N)
The Director of Community and Library Services reported that South Sunrise Little League hasbeenhousedatYorbaParkinexcessof20years. The Joint Use Agreement between the City and
the Orange Unified School District has allowed the opportunity to house both South Sunrise
Little League and Orange Junior Soccer Club at the McPherson site.
Mayor Coontz acknowledged that Council received transmittals in favor of the project from
South Sunrise Little League and Orange Junior Soccer Club.
The Manager of Community and Library Services reported the 18.2 acre space will allow soccer
and baseball to co-exist in representing a total of 4,000 youths in the community. Theprojectrepresentsanestimated $2.5 million with anticipated groundbreaking in July, 1997
and completion of Phase I by September 2,
1997.Steve Laing, representing Purkiss-Rose, briefly described the improvements and the
phasing of the improvements, which will consist of four regulation size soccer fields and five
various size baseball fields. A parking lot off of Prospect incorporates some of the parking that
the school currently has that is underutilized behind the cafeteria, which is approximately 110morespaces.Phase I would include the upper northern fields, the hardscape, and the kindergarten
area. Phase II would include other fields which would be staggered. Temporary fencing willbeprovidedduringthe
construction period.Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed support of
the project.Councilmembers recognized Dave Buckett and Carter James from Orange Junior
Soccer and Mark Paone from South Sunrise Little League for their
outstanding job.MOTION -
Murphy SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT -
Slater Moved to
approve the conceptual plan for the design and construction of the McPherson Athletic Facility and
authorize staff to advertise for bid of construction for Phase I of the McPherson Athletic Facility.PAGE 11
CITY COUNCIL MINUTES May 13,1997
6. ADMINISTRATIVE REPORTS (Continued)
6.3 Report from Director of Community ServiceslLibrary on Handy Park Concession
and Activity Building. (C2500.M.4.10)
The Manager of Community and Library Services reported the proposed project is a
collaboration between the City and North Sunrise Little League to replace both a temporary
mobile modular concession facility and a temporary mobile modular building which is being
utilized by tiny tots in recreation programs, with permanent construction facilities.
Randy Meyer, Meyer and Associates, displayed exhibits of the existing facility at Handy Park
and explained the proposed plans for the design and construction of the concession/picnic shelter
and community building at the site. The total square footage of the two rooms combined at the
community building is 4,320 sq. ft.
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to approve the
conceptual plan for the design and construction of the ConcessionlPicnic Shelter and Community Building
at Handy Park and authorize staff to advertise for bid of construction for the ConcessionlPicnic
Shelter and Community Building at Handy Park.6.4 Report from
Directorof Community Development on future status of unincorporated islands within the
City of Orange.Councilman Murphy suggested Council
consider continuing this item due to the absence of Mayor pro tem Slater
and his interest in the issue.MOTION - Murphy SECOND - Mayor
Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater Moved to continue to May
27, 1997 meeting.
6.5 Request Council approve a final contract
change order in the amount of $152,664.92 to Copp Contracting Inc. for increased scope of
work and increases in quantities at contract unit prices. Bid No. 967-09, Street
Maintenance 1996-97. Funds budgeted in Account No. 262-5021-483300-3120 -
Measure M. (A2100.0 AGR-2554.A)The Director of
Public Works reported several problems were encountered during the course of the work. The
dig out and repair items were more extensive than had been originally estimated and the amount
of resurfacing that was necessary was greater. Stewart Drive and Pepper Street were added to
the project in the area of LaVeta to be overlayed, which could be done at a PAGE 12
CITY COUNCIL MINUTES May 13, 1997
6. ADMINISTRATIVE REPORTS (Continued)
significant savings and overall cost. The area of Meats Avenue and Featherhill, and Cannon
Street from Santiago Canyon Road to Patria Court were added to the areas to be resurfaced atfavorableprices.
MOTION - Murphy SECOND -
Alvarez A YES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to approve a
final contract change order in the amount of $152,664.92 to Copp Contracting, Inc. for increaseinquantitiesatcontractunitprices.6.6 Request Council
a) award a contract in the amount of $334,744.29 to Pavement Coatings Co. of Cypress,
CA for street maintenance 1996-97 slurry seal, Bid No. 967-30;and b) authorize additional appropriation in the amount of $136,154.29 from Account No.271-36000to271-5021-483300-3120 (Local Street Maintenance). Funds are budgetedinthefollowingaccounts: (A2100.
0
AGR-2819)262-
5021-
483300-3120 Local Street
Maintenance
262-
5021-
483300-3181
Un
designated Street Improvements 271-
5021-483300-3122
Fairhaven 245-5021-
441600-3190 Bikeway
Maintenance 271-5021-
483300-3120 Local
Street Maintenance TOTAL
155,000.00 28,095.00 10,000.00 5,495.00 136.154.29 334,744.29 The Director of Public Works reported the project would slurry sea1176 streetsegmentsandrepaircurbsandguttersinthesameareas. The project was proposed forfundingunderMeasureM. With the fund transfer for the street maintenance project, the
amount of funding
available needs to be
increased in order to award the project
at the bid
price.MOTION - Alvarez SECOND - Mayor Coontz AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - SlaterACTION: Moved to approve an appropriation of$136,154.29 from 271-36000 to 271-5021-483300-3120 (Local Street Maintenance); award a contract in the amount of $334,744.29 to
Pavement Coatings
CITY COUNCIL MINUTES May 13,1997
6. ADMINISTRATIVE REPORTS (Continued)
6.7 Report from the Director of Economic Development concerning Tax Allocation
Parity Bonds, Series B. (R3500.0.4)
The Director of Economic Development reported the bonds will not be the responsibility of the
City. The payment on the bonds is the responsibility of the Redevelopment Agency and only the
income from tax increment on the Tustin Proj ect Area. The bonds represent no additional debt;
the bonds will payoff other bonds that are due in September, 1997; and will also be refinanced to
save money. The Resolution merely approves the issuance of the bonds by the Redevelopment
Agency.
RESOLUTION NO. 8772
A Resolution of the City Council of the City of Orange approving the issuance of the 1997
Tax Allocation Parity Bonds, Series A (the "Series A Bonds") and the 1997 Taxable Tax
Allocation Parity Bonds, Series B (the "Series B Bonds") by the Orange Redevelopment
Agency.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
that Resolution No.
8772, as introduced, be adopted and same was passed and adopted by the preceding vote.7.
REPORTS FROM CITY
MANAGER 7.1 Report on
Third Quarter Budget - Fiscal Year 1996-97. (C2500.J.1.1)The City Manager summarized
departmental progress for the first nine months of the 1996-97 Budget. Substantial progress
has been made in reaching departmental budget goals. The 1996-97 budget remains
largely on track, with relatively small budget adjustments being recommended for the Police
Department, Public Works Department, Community Services Department, and the Economic Development Department.
Two of the budget adjustments increase appropriations totaling $150,000,
which represents an adjustment of 111100ths of 1 % ofthe total budget.The first appropriation
is in the Police Department, where an additional $50,000 general fund appropriation is requested
to provide sufficient funding for an employee benefit provided by labor agreements. This
is for annual cash payouts of a portion unused vacation time. Although department employees were
surveyed prior to the beginning of the budget year on how many hours they anticipated
cashing out, actual experience has exceeded the surveyed amount. The Police Department has
enacted several cost-saving strategies to address this issue. Nevertheless,even after
implementation of these strategies, the Department projects that an additional appropriation will
be required to meet this collective bargaining obligation.PAGE 14
CITY COUNCIL MINUTES May 13,1997
7. REPORTS FROM CITY MANAGER (Continued)
The second additional appropriation is in the Community Services Department, where an
appropriation of $1 00,000 in the capital projects fund is requested to hire an architect to begin
work on the planned renovation of the Main Library. This item has already been addressed under
Item No. 6.1 oftoday's agenda.
The other budget adjustments do not require additional appropriations. They are budget transfers
in Community Services, Public Works, and Economic Development, which are described in the
written staff report. (Staff report on file in the City Clerk's office).
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
to receive and
file the Third Quarter 1996-97 Budget Report and approve the recommended budget adjustments
and transfers.7.2 Report
on The Warner Group's Information System Assessment. (C2500.J.2)NOTE: Councilman Murphy
excused himself from this item due to a potential conflict with his employment.The City
Manager
reported the recommendation of The Warner Group is to maintain the relationship with Business
Records Corporation (BRC) for contractual management information services. It is
recommended that the City develop and negotiate with BRC a new four-year performance contractinorderforbothBRCandtheCity's performance can be evaluated. The City Manager
commented he is pleased with the progress the City has made in its relationship with BRCandtheimprovedlevelofservice.Councilman Spurgeon
complimented Cindy Abbott, Manager of Business Records Corporation,her staff, and their relationship with the City.MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Mayor Coontz, Spurgeon,
Alvarez ABSENT - Slater ABSTAIN - Murphy Moved
to receive and
file the Information
Systems Assessment from The Warner Group; agree,in concept, to the MIS strategies andrecommendationsoutlinedintheattachmentssummarizingtheAssessment" recommendations; and direct City stafftomoveforwardwithcontractnegotiationswithBusinessRecordsCorporation (BRC), with
a report back at the Council's June 10 meeting.PAGE 15
CITY COUNCIL MINUTES May 13, 1997
OFF-AGENDA
ITEM The City Manager announced Chapman University has submitted a proposal to the
City requesting the Redevelopment Agency's assistance of$3.25 million concerning the
Chapman University's Specific Plan, construction of the Law School's parking structure. The City
is examining the proposal and have had a consultant assist with a cost benefit analysis as well as
a benefit of 700 spaces that the City would provide. This item is proposed to be agendized for
the May 27, 1997 Council
meeting.8. LEGAL
AFFAIRS 8.1 ORDINANCE NO.
12-97 An Ordinance of the City Council of the City of Orange amending Chapter 2.20
of the Orange Municipal Code relating to Officers' Performance Bonds. (
A2500.0)MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT -
Slater Moved that
Ordinance No. 12-97 have first reading waived and same was set for second reading be
the preceding vote.8.
2 ORDINANCE NO. 13-97
An Ordinance of the City Council of the City of Orange amending section 17.06.020 of the
Orange Municipal Code and approving the reclassification of property associated with the
Chapman University Campus, including addition of the former Orange Unified School
District Headquarter's Site to the University Campus. (Z1500.0 ZCG-
1187-97)Zone
Change 1187-
97 Chapman University
MOTION - Murphy SECOND - Mayor
Coontz AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater Moved
that Ordinance No. 13-97 have first reading waived and same was set for second reading
by the preceding vote.
PAGE 16
CITY COUNCIL MINUTES May 13, 1997
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 14-
97 An Ordinance of the City Council of the City of Orange upholding the recommendation
of the Planning Commission and approving the Third Amendment to the Chapman
College Specific Plan. (C2300.
J)Chapman
University MOTION - Alvarez
SECOND - Spurgeon AYES -
Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater
Moved that Ordinance
No. 14-97 have first reading waived and same was set for second reading by the
preceding vote.9. NOTICED
HEARINGS 9.1
PROPERTY ACQUISITION BY EMINENT DOMAIN, 495 S. OLIVE STREET,CITY OF
ORANGE:Time set
for a noticed hearing on petition by the City of Orange to acquire the following property by eminent
domain: 495 S. Olive Street, Assessor's Parcel No. 390-602-10; Property Owner:
Mr. and Mrs. Eduardo Cuellar (C2500.M.14)
The City Attorney noted that Mr. Cuellar filed a request pursuant to State law to be heard on this
matter.
The Director of Public Works reported the parcel is located at the corner of Olive and LaVeta
and is needed for the GlasselllLaVeta intersection widening project. In order for the public
necessity to be established the City Council must make the following findings: 1) The public
interest and necessity require the proposed project; 2) the proposed project is planned and located
in a manner that would be most compatible with the greatest public good and the least private
injury; 3) the property is necessary for the proposed project; and 4) the offer required by Section
267.2 of the Government Code has been made to the owner of record.
Eduardo Cuellar, 2301 N. Linwood Avenue, Santa Ana, commented he purchased the units in
1975 as an investment for his retirement and the rent of the units is his only source of income;
indicated the compensation being offered by the City is not sufficient; and expressed concern
with the property tax and loss of rent.
The Director of Public Works responded the issue of compensation is not an appropriate item of
discussion at this hearing. Compensation would be decided through the condemnation
proceeding and negotiations can continue during that time.
PAGE 17
CITY COUNCIL MINUTES May 13, 1997
9. NOTICED HEARINGS (Continued)
RESOLUTION NO. 8762
A Resolution of the City Council of the City of Orange declaring real property located at
495 South Olive Street necessary for public purposes and authorizing the acquisition
thereof.
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSENT - Slater Moved
that Resolution 8762
as introduced, be adopted and same was passed and adopted by the preceding vote.9.2
PROPERTY ACQUISITION
BY EMINENT DOMAIN, REAL PROPERTY LOCATED ADJACENT TO CANNON
STREET, FORMERLY KNOWN AS LOMA STREET, NORTH OF SANTIAGO
CANYON ROAD, CITY OF ORANGE:Time set for a
noticed hearing on petition by the City of Orange to acquire the following property by eminent domain: Real
property located adjacent to Cannon Street, formerly known as Loma Street, north of Santiago
Canyon Road. Property Owner: County of Orange (C2500.M.14)The Director of Public
Works reported the City needs to acquire street right-of-way, slope easements, and
a temporary construction easement as part of the project. In order for the public necessity to
be established the City Council must make the following findings: 1) The public interest and
necessity require the proposed project; 2) the proposed project is planned and located in a
manner that would be most compatible with the greatest public good and the least private injury; 3)
the property is necessary for the proposed project; and 4) the offer required by Section 267.2
of the Government Code has been made to the owner of record.RESOLUTION NO.
8763 A Resolution
of the City Council of the City of Orange declaring real property located adjacent to
Cannon Street, formerly known as Loma Street, north of Santiago Canyon Road necessary
for public purposes and authorizing the acquisition thereof (bridge widening).MOTION -
Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz,
Spurgeon, Alvarez ABSENT - Slater Moved that Resolution
No. 8763, as
introduced be adopted and same was passed and adopted by the preceding vote.PAGE 18
CITY COUNCIL MINUTES May 13,1997
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
12. ORAL PRESENTATIONS
Carole Walters, 534 N. Shaffer, reported that she has been receiving bagels from Nohl Bagels in
Huntington Beach and delivering them to the Senior Citizens Center, Mary's Kitchen, and the
House of Hope. Ms. Walters indicated she would like to get other cities involved so the bagels
could be shared in their communities and suggested a letter of thanks be sent from the City to
Nohl Bagels. Ms. Walters indicated she will be filing a violation of the Brown Act with the
District Attorney's office; asked the City Attorney how to differentiate between when a Council
Member is acting as Council Member or as a private resident; and suggested the box cars be
removed from the railroad tracks in the City as they present a danger to children.
The City Attorney replied a Council Member enjoys the same rights as other private citizens.
Rich Robertson, 477 So. Orange Street, reported the lawn ofthe City-owned duplex on
the northwest corner of La Veta is in need of
care.The Director of Public Works responded arrangements will be made for the
maintenance.Barbara DeNiro, (address on file), thanked Council for responding to her past questions
in writing. Ms. DeNiro referred to a brochure offering an opportunity for a free parkway tree
and asked the price and size of the trees that would be planted; if a permit or inspection fee would
be applied; who is supplying the trees; does the City still provide root pruning; are the standards
or is the price different for new parkway trees vs. replacement trees; and if any trees were
removed next to the abandoned street off the new Chapman parking lot off Walnut and if they are
required to be replaced elsewhere. Ms. DeNiro asked where the center of Orange
is?The Director of Public Works responded the offer is being funded by the State Grant
Program and will be planted by City personnel. There are no permanent charges or any other fees
applied.The cost ofthe 15-gallon tree is approximately $45. Information will be provided to
Ms. DeNiro on the supplier ofthe trees. The City does root pruning and installs barriers wherever
it is feasible to protect the tree. Any new tree plantings would have to conform to
the current specifications and it is not believed there is a difference in cost of a new trees
vs. replacement trees. The City is in the process of developing an annual program that will allow
an average four-year trim cycle. Street trees were removed on the abandoned street
and replacement of those trees would have
to be verified.Mayor Coontz indicated the center of Orange north/south is about
Walnut Street. As development takes place, especially east of Jamboree, the center of Orange will move
to the east.Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, introduced
Laura Thomas, President of the Orange Park Acres
Homeowner's
CITY COUNCIL MINUTES May 13, 1997
13. RECESS
The City Council recessed to a Closed Session at 6:45 p.m. for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:
Ellen
Bonneville vs. City of Orange, et al. Orange County Superior Court Case No. 75 13
40 Orange
Redevelopment Agency vs. Howard Austin, O.D. Inc., Orange County Superior Court Case
No. 77 80 03 Stewart
vs. City San Francisco, Ninth Circuit Court of Appeal, Appeal No. 94-80094-
Amicus Request
People vs. Acuna, California Sixth Appellate Division, Case No. H080112-
Amicus
Request Knott vs. State of California, California Supreme Court, Case No.
58903-
Amicus Request b. To consider and take possible action upon such other matters as are
orally announced by the City Attorney, City Manager, or City Council prior to such recess
unless the motion to recess indicates any ofthe matters will not be considered in
Closed Session.
14. ADJOURNMENT MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSENT -
Slater The City
Council adjourned at 7:09 p.m.1M~j~
CASSANDRA J.
6z'ATHCART, CMCCITY CLERK
L1 J
COONTZ
YOR PAGE
20