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7/11/2000 - Council Minutes - CC Minutes Reg Meeting APPROVED BY CITY COUNCIL ON JULY 25, 2000 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING July 11,2000 The City Council of the City of Orange, California convened on July 11, 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 Bob Stempson, North Orange Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Murphy 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz announced: . The City has received word of preliminary approval of close to $1 million from the State of California for development of Rock Creek Park. The City is awaiting confirmation of eligibility for the funds, but have been notified that the project is listed as one of the projects to receive State funding from the recently approved Park Bond proposition. Our community is under-parked and is particular deficient in playing fields for soccer, baseball and softball. We currently host three organized youth soccer organizations, involving over 2400 youth. We are currently going through a community input process for the proposed park site at Spring and Prospect. Although we need soccer fields at this location, it is important to maintain a balance between the active and passive park needs throughout the City. We are excited about the possibilities and look forward to working with the community to deliver a beautiful park at that location. I would especially like to acknowledge and thank Senator Lewis and Assemblyman Campbell for their support of this important project. We appreciate their willingness to fight for a slice of the State budget pie for the residents of Orange. I am hopeful that we will meet the criteria for eligibility and can announce the good news of award of funding at a later date. . There were approximately 9,500 people in attendance at the Uncle's Sam's July 3'" Event at Fred Kelly Stadium. PAGE 1 CITY COUNCIL MINUTES July 11,2000 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued) . Miss Orange, Rebecca Martin, came in 4th runner up in the Miss California Pageant. Chapman University sports teams, coaches and players were recognized by Mayor Coontz, Senator John Lewis and Assemblyman Bill Campbell. Coaches Janet Lloyd and Rex Peters were presented with proclamations and certificates in recognition of Chapman University Softball Team placing 2nd in Nation in 2000, and the Baseball Team placing 3nl in Nation in 2000. Senator John Lewis and Assemblyman Bill Campbell announced the City received a $50,000 State Grant for the Orange Tree A-Peal Program. This is due in part to Orange's designation as a "tree city" since 1989 with programs encouraging the replacement and proper care of trees. 2. PUBLIC COMMENTS Carole Walters (address on file) stated that while at a recent community meeting, she heard the City was interested in purchasing property behind her street and putting in a park. If so, she suggested the city begin notifying residents in the area as soon as possible. She also stated the City needs parks other than soccer fields. Mayor Coontz reported the Council has received no information regarding a park in that area. Alec Ortlieb, 243 Calle Grande, stated he recently received a letter from the City Attorney, and while he appreciated the response, was still requesting the matter of signage and redevelopment along East Chapman be placed on a Council Agenda, as he was under the impression there was support for this discussion. 3. CONSENT CALENDAR 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of an adjourned regular Meeting of July 11,2000 at 3:30 p.m. and a regular meeting of July 11, 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 ofsaid 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 2 CITY COUNCIL MINUTES July 11,2000 3. CONSENT CALENDAR (Continued) 3.2 Request Council Confirmation of warrant registers dated June 22 and 29, 2000. ACTION: Approved. (MINUTES OF JUNE 13, 2000 REMOVED AND HEARD SEPARATELY) 3.3 Request approval of City Council Minutes, Regular Meeting of Juue 13, 2000 (continued from 6/27/00); Adjourned Regular Meeting June 26, 2000, Adjourned Regular Meeting June 27, 2000 at 3:30 p.m. and Regular Meeting, June 27, 2000. Mayor Coontz reported that at a recent meeting she and Councilman Murphy attended regarding the School District, an individual had criticized her regarding comments she allegedly made at the June 13, 2000 Council meeting. She has researched the minutes and the tape from the June 13th Council meeting and stated the accusations were wrong. If mistakes are made, they are indicated and apologies are made, but it is important to check facts before coming to meetings and criticizing the Council. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the June 13, 2000 and remaining minutes as listed in Item 3.3. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 Request to approve the Second Amendment to Consultant Agreement with Curbside, Inc. for the continuation of the Door-To-Door Used Oil Collection Program, funded by the California Integrated Waste Management Board Used Oil Block Grant 6th Cycle for the period of July 1, 2000 through June 30, 2003. (A2100.0 AGR-2224.I.0) SUMMARY: The City submitted the 6th Cycle Used Oil Block Grant in April of this year. The 6h cycle provides grant funding for the period of July 2000 through June 2003 and entitles the City to $44,353 per year, or $133,059 for the entire grant cycle. Staff is recommending to continue the use of Curbside, Inc. for the continuation of the following used oil activities: 1. A Residential Door-to-Door Collection Program; 2) Monitoring and supporting certified used oil collection centers; and 3) Used oil public education programs. Continued use of Curbside, Inc. requires an amendment to the agreement to change the term, scope, compensation and budget for the program. PAGE 3 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Upon appropriation, funds will be available for program expenditures. All fees for program activities will be fully reimbursed by the 6th Cycle Used Oil Block Grant and Grant funds will be receipted into the following revenue account: Used Oil Block Grant: Revenue Account No. 220-0000-262900-5000 ($44,353/yr. $133,059 for 3 years) Expenditure Account No. 220-5022-427100-5000 ($44,353/yr., $133,059 for 3 years). Mayor Coontz asked what the City is doing to inform citizens of the used oil collection program. The Director of Public Works reported information brochures are available at public counters at City Hall and information is published in the Orange Progress, but the program has been scaled down from several years ago because grant funding has been reduced. The City currently receives approximately $40,000 in grant funds compared to $100,000 in previous years. The money is used mostly for collection services and not for extensive information programs. Mayor Coontz suggested the information be included in the Waste Management newsletters. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Second Amendment to the Consultant Agreement with Curbside, Inc. in the amount of$133,059; approve the appropriation of$44,353 for the first year grant funding to Account No. 220-5022-427100-5000; and authorize the Mayor and City Clerk to execute the amendment on behalf ofthe City. 3.6 Joint use agreement with the City of Tustin for the Orange Entry Monument Sign on Jamboree Road. (A2100.0 AGR-3366) SUMMARY: A joint use agreement has been executed by the City of Tustin to allow modification of the existing City of Orange entryway monument on Jamboree Road. The City of Tustin proposes to add entryway information on the back ofthe existing sign in lieu of installing a separate sign at no cost to the City of Orange. ACTION: Approved Cooperative Agreement with the City of Tustin and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. All costs to be City of Tustin's responsibility. PAGE 4 CITY COUNCIL MINUTES July 11,2000 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.7 Second amendment to an existing professional service contract with a private building plan check firm to provide on-site plan checks and related public counter services for the Building Division. (A2100.0 AGR-3375.2) SUMMARY: The goal of the Building Division is to provide quality plan checking services at the public counter throughout the business day. The Department continues to experience a staff shortage, which makes it difficult to meet that goal. This second amendment will provide for a continued, but temporary, augment of our existing staff with the use of an on-site plan check consultant. FISCAL IMPACT: Funding for this type of contractual service has been approved in the Fiscal Year 2000-01 budget. $30,000 from Account 100-6033-427800 Other Contractual Services will be used. Carole Walters (address on file), while in support of this proposal, expressed concern of building plans going through the plan check process and then being stopped later in the process, which costs citizens time and money. MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the Mayor and City Clerk to execute a second amendment to the existing professional service contract with CSG Consultants, not to exceed an additional $30,000 for a total contract, to date, of $70,000. 3.8 Second Amendment to the Joint Powers Agreement for the Metro Cities Fire Authority (A2100.0 AGR-0160.5.2) SUMMARY: The Metro Cities Fire Authority, which the City of Orange is a member, provides joint fire dispatching services for seven member agencies. The Authority is governed by a joint powers agreement, which was initially executed in 1996. This second amendment provides the Board of Directors the authority to approve multi-year contracts, agreements and leases. ACTION: Approved the Second Amendment to the Joint Powers Agreement for the Metro Cities Fire Authority dispatch operations and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal impact to the City. PAGE 5 CITY COUNCIL MINUTES July 11,2000 3. CONSENT CALENDAR (Continued) 3.9 Award of Consultant Agreement, RFP 990-43, for Taft Library Renovation. (A2100.0 AGR-3565) SUMMARY: The City requested proposals for professional services to provide design plans and construction documents for the Taft Library Renovation. It is recommended that the City Council approve the consultant agreement between the City and Robert R. Coffee, Architect and Associates, Inc. not to exceed in the amount of$95,620. It is anticipated that the design plans and construction documents will be completed in November, 2000 and construction will begin in January, 2001. ACTION: Approved the award of consultant agreement between the City and Robert R. Coffee, Architect and Associates, Inc. not to exceed in the amount of $95,620 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted in the following account: 725-7028-481105-9918 (Taft Library Renovation); $95,620. 3.10 Request to approve an agreement with Lorick Associates Consulting for the development and implementation of a Maintenance Management System for Public Works and Community Services Maintenance functions. (A2100.0 AGR-3564) SUMMARY: Recommendations from a City wide Management Audit prepared by David M. Griffith and Associates and presented to the City Council in May 1999 included the recommendation to implement a maintenance management system for maintenance functions in the Community Services and Public Works Departments. This type of Management System is designed to define maintenance activities and the labor, equipment and supplies needed. ACTION: Approved the agreement with Lorick Associates Consulting and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: The proposal from Lorick Associates Consulting totals $186,832 for the evaluation, implementation and analysis of maintenance functions in the City. The following are the funds available to support the proposed agreement: FY 00/01 Expenditure Account #790-1601-481301-9640 (MIS-DP Upgrade). BUDGET CARRYOVERS 3.11 Request to carryover certain Fiscal Year 1999-2000 appropriations to Fiscal Year 2000-2001. (C2500J.1.5) PAGE 6 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY 1999-00 but not initiated during the fiscal year. Therefore, the funds for these projects must be carried over into the new fiscal year to facilitate completion of the projects and workplans. ACTION: Approved the carryover appropriations summarized in Exhibit A of the report. FISCAL IMP ACT: Adequate funds had been appropriated and reserved in the Fiscal Year 1999-00 budget for the various projects that were not initiated during the FY 1999- 00. 3.12 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Tran, Steven & Leslie Q Ly, Estate of Brandon Tran ACTION: Denied claims for damages and referred to City Attorney and Adjuster. CONTRACTS 3.13 Award of Contract - Bid No. 990-35; SP-3307; Katella Avenue Streetscape Improvements from the Santa Ana River to 1000 ft. east on Katella Avenue. (A2100.0 AGR-3563) SUMMARY: The project improvements include tree removal and replacement, minor grading, new sidewalk, street lights, retaining walls, landscaping, and irrigation. ACTION: Awarded a contract in the amount of$276,242.80 to Hillcrest Contracting, Inc. and authorized the Mayor and the City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds for this project are being appropriated from Northwest Tax Exempt bond proceeds as a separate action to the following account: 934-9821-485100-9196 $390,000 Katella Avenue Streetscape Improvements (REMOVED AND HEARD SEPARATELY) 3.14 Award of Contract - Bid No. 990-34; SP-3297; Rock Creek Park Remedial Grading Project located at northwest corner of Spring Street and Prospect Street. (A2100.0 AGR-3562) PAGE 7 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) SUMMARY: The project improvements include clean up and re-compaction oftbe site to conform with the recommendations of the reports prepared by Secor International and filed with tbe City on November 5, 1998. The project will accomplish remedial grading by removing all objectionable organic and hazardous materials from the site. This will allow for timely development of the site with minimal damage/future maintenance to the proposed sports facilities. FISCAL IMP ACT: Funds for this project have been provided by Park Acquisition Funds are available in Account No. 510-7021-485100-0149 - $3,000,000.00 - Rock Creek Park. Dave Allsbury, 27601 Forbes Road, Laguna Niguel, representing L. T. Excavating, the second low bidder, indicated their concern was that line item #6 was ambiguous witb the understanding the apparent low bidder existing now obviously had an understanding or got information in addition to what the rest oftbem did not get according to his unit price on that line item; and that one particular line item is what is making tbis such a discrepancy in their price, and not just L.T.'s price but everyone else that bid the job in relation to the apparent low bidder. The City Attorney stated the one issue Mr. Allsbury brought up, i.e., whether or not the lowest bidder got some information that the others did not was of particular concern for the City, and it was checked out. According to the Department of Public Works, they did not receive any information. In fact none ofthe bidders called for clarification on this item. It appears what happened is tbe low bidder realized the inert material, which in this case constituted 35,000 tons, not all of it had to be transported to the landfill, i.e., some could remain, they would sort it out and take the material that had to be taken to the landfill and eitber the otber bidders by design or because they were unclear, thought that all that material had to be taken to the landfill. Whether they chose to do that consciously or whether it was done thinking there was no other option, is not known. But, there was up to a $1 million and above discrepancies in the bid and a memo was given to Council. The options at this point are eitber to go ahead and let the contract out to the low bidder or reject all bids. It is certainly not a case where Council could reject the lowest bidder as non-responsive or non-responsible. Council would have to either reject all bids or let it to tbe lowest bidder. The City Attorney opined Council can do either one, it is within tbeir discretion. Mayor Coontz asked what the recommendation was; was the City Attorney leaving it up to the Council? The City Attorney stated from a legal standpoint tbose are the two options, but from staffs perspective, and the Director of Public Works can speak to this more, they are recommending the City Council award tbe contract to the lowest bidder. PAGE 8 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) Mayor Coontz asked if clarification is necessary on the part of the bidders; are answers given to them. The Director of Public Works reported specifications clearly state if an interpretation is needed from a bidder, a request must be submitted in writing prior to the bid opening. None of the bidders did that There was no indication prior to the opening of bids of ,my issue with interpretation of the specifications. There were two mandatory pre-bid meetings where certain information was discussed. Those items were documented, both the apparent low bidder and second low bidder were both present at least one of those meetings, in fact the second low bidder was at both meetings when tbat information was furnished. Mayor Coontz reiterated there are several opportunities for clarification. The Director of Public Works confirmed this, but tbese have to occur prior to the opening of the bids. Mr. Chou, 27601 Forbes Road, Laguna Niguel, representing L.T. Excavating, stated if contractors have tbe opportunity to consult or verify the definition ofthe inert construction waste, that yes they did and did verify with the engineer over tbe phone many times and were told that could be trash and not concrete. So, of course, if people tell us that can be trash how can it be interpreted as concrete. If the City takes a closer look tbe City is wasting $300,000. Mr. Chow indicated they were told if that is trash it had to be shipped. It can only be disposed of in the County landfill. There is only a few areas you can dump and tbe dump fee is the difference if we bid it The bid schedule is $1 million difference. Mr. Chou commented it was not explained clearly or fairly. The Director of Public Works restated what was said earlier, all requests for interpretations of the specifications are required to be submitted in writing, and the responses are to be in writing. There were no written requests. There were questions that were raised at the pre-bid meetings; tbose questions were answered at the pre-bid meetings in the presence of all the bidder's representatives. There was no disclosure of information to their knowledge to any bidder that was not disclosed to all bidders at those meetings. Councilman Slater asked ifit was correct that the lowest bid was less than the engineer's estimate. The Director of Public Works stated the final engineer's estimate was approximately $2.2 million. The low bid was approximately $1.9 million. Councilman Alvarez pointed out that the second gentleman stated he had talked to staff members concerning tbose issues. The Director of Public Works stated staff did not respond to any requests for information that were made verbally to the best of his knowledge outside of questions that were asked at tbe pre-bid meetings which were conducted under tbe auspices ofthe consulting PAGE 9 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) engineer and tbat information was provided to all prospective bidders in attendance at those meetings. The construction management staff is highly sensitive to disclosure of information prior to the bid and we do not provide information unless the request if made in writing and the response is also made in writing prior to the bid. MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to award a contract in the amount of$I,898,888.88 to Unified Aircraft Services, Inc. dba Hubbs & Ferrante and authorize the Mayor and the City Clerk to execute on behalf of the City. 3.15 Award of Contract- Bid No. 990-21, Project S-193, Eckhoff St. and Sycamore Ave. Sewer Improvements. (A2100.0 AGR-3561) SUMMARY: The EckhoffSt. and Sycamore Ave. Sewer Improvements when constructed, will provide the necessary system capacity to alleviate the deficiencies in the sewer system. ACTION: Awarded a contract in the amount of $539,720.00 to Peter C. David Co., Inc. and authorized the Mayor and City Clerk to execute on behalf oftbe City. FISCAL IMPACT: Funds are budgeted or are available in the following account: $715,000.00 520-5011-483200-5545 CIP - Eckhoff-Sycamore Sewer Improvements QUITCLAIM 3.16 Quitclaim of a 10 foot wide waterline easement at 7827 Teal Lane. (D4000.0) SUMMARY: This waterline easement has been abandoned and is not being used, and is offered to tbe adjoining property owners. ACTION: Authorized the Mayor and the City Clerk to execute a Quitclaim Deed to Surinder S. Kanda and AmaJjit K. Kanda for tbe waterline easement at 7827 Teal Lane. FISCAL IMPACT: The $302.00 fee has been deposited in Account No. 100-273500 (General Fund Revenue). RATIFICATION OF DECLARATION OF EMERGENCY 3.17 Review the need to continue the installation of a methane gas control system at Yorba Park in response to an emergency. (C2500.M.4.I) PAGE 10 CITY COUNCIL MINUTES July 11,2000 3. CONSENT CALENDAR (Continued) ACTION: Approved. NOTE: Councilman Spurgeon abstained on this item due to a conflict of interest because of his employment with the County of Orange. RESOLUTIONS 3.18 RESOLUTION NO. 9310 (S4000.S.4) A Resolution of the City Council ofthe City of Orange authorizing the temporary closure and removal of on-street parking of the Orange Plaza including Chapman Avenue from Lemon Street to Grand Street and Glassell Street from Almond Avenue to Maple Avenue; for filming ofa movie on July 31, 2000. ACTION: Approved. 3.19 RESOLUTION NO. 9302 (A2100.0 AGR-3135) A Resolution of the City Council oftbe City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-06; Bakersfield Well and Pump Co.; furnish and install deep well turbine pump for Well No. 25; 1130 E. Almond Avenue. ACTION: Approved. (REMOVED AND HEARD SEP ARA TEL Y) 3.20 RESOLUTION NO. 9306 (S4000.S.4) A Resolution oftbe City Council of the City of Orange temporarily closing sections of public streets for block parties. Locations: Garnet Ave. from Laurinda Ln. to tbe end of the cul-de-sac from 4:00 PM thru 9:00 PM; Grand St. between Culver Ave. and LaVeta Ave. from 9:00 AM thru 7:00 PM Hamilton St. from Handy St. to end of cul-de-sac from 12:00 Noon thru 8:00 PM Harwood St. between Maple Ave. and Palm Ave. from 10:00 AM thru 7:00 PM Monroe Ave. between Sacramento St. and Handy St. from 1 :30 PM thru 10:00 PM Pine St. between Maple Ave. and Palm Ave. from 10:00 AM thru 10:00 PM Rainier Ave. from Richland Ave. to 436 Rainier Ave. from 11 :30 AM thru 10:00 PM River Ave. from Grand St. to the end of the cul-de-sac from 1 :00 PM tbru 8:00 PM Woodvale Ave. between Glassell St. and Cottonwood St. from 1 :00 PM thru 8:00 PM Lincoln St. between Palm and Sycamore from 8:00 AM to 8:00 PM Carole Walters (address on file) spoke in support of block parties but expressed concern about having them approved at the last minute. Residents should be informed they need approval in advance. PAGE 11 CITY COUNCIL MINUTES July 11, 2000 3. CONSENT CALENDAR (Continued) MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Resolution No. 9306. TRAFFIC ISSUES 3.21 Request for removing and reassigning school crossing guards for Handy, Chapman Hills and Esplanade Elementary Schools. (S4000.S.3.5) SUMMARY: The City has received a request from the Orange Unified School District (OUSD) for the placement of crossing guards at two locations. In order to achieve the most efficient allocation of resources, tbe City and OUSD have reached an agreement to review the requests for tbe new crossing guards in the context of the overall citywide needs, and re-assign the existing unwarranted guards to the new locations that meet the warrants. This report is the first such reassignment. ACTION: a) denied the request for a crossing guard in front of Esplanade Elementary School on Esplanade St. between Spring St. and Walnut Ave; b) removed the existing crossing guard at the intersection of Newport Blvd. and Canyon View Ave.; c) approved the reassignment of the crossing guard from the intersection of Newport Blvd. and Canyon View Ave. to Handy Elementary School at the intersection of Handy St. and Oakmont Ave. FISCAL IMPACT: This reassignment will cost tbe City an additional $1,956 per year. However, this amount can be accommodated witbin the existing appropriations for crossing guards program administered by the Police Dept. in their Part-Time & Seasonal Salary Account for Traffic Services, Account No. 100-4041-413102-0000. MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.3 (June 13, 2000 Minutes), 3.5, 3.7, 3.14 and 3.20 were removed and heard separately. Mayor pro tem Spurgeon abstained on Item No. 3.17. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR ******* PAGE 12 CITY COUNCIL MINUTES July 11,2000 4. REPORTS FROM MAYOR COONTZ 4.1 Request the City Manager prepare a report on ways to improve the transmission quality of the City's reader board and City Council meetings. Mayor Coontz reported she had checked Channel 3 over the weekend and noticed it was locked up and has heard this happens frequently. Also, while tbe transmission appears to be clear from the monitors at City Hall, this is not the case from homes. The color and lighting is poor on the transmission and there needs to be a way to remedy the problem, especially on the weekends. She requested the City Manager prepare a report on ways to improve the transmission quality. 5. REPORTS FROM COUNCILMEMBERS Councilman Alvarez asked for a report from the City Attorney to be agendized on term limits including all information from the 1992 Council discussions on this issue. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Reappoint Richard Yarger and West Poutsma to the City Traffic Commission, terms to expire 6/30/2004. (OR1800.0.19) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reappoint Richard Yarger and Wes Poutsma to the City Traffic Commission, terms to expire 6/3012004. 7. ADMINISTRATIVE REPORTS 7.1 Report from the Economic Development Director regarding Resolution No. 9300 authorizing execution of a Cooperation Agreement with the City of Orange Redevelopment Agency relating to the Katella Avenue streetscape improvements adjacent to the Stadium Promenade Theaters and retail complex, and approval of a Grant of Easements and Landscape Maintenance Agreement and Option to Purchase with Syufy Enterprises. (A2100.0 AGR-3368) (RA2100.0 AGR-3367) The Economic Development Director reported it has always been the desire of the City and the Redevelopment Agency to provide access, along Katella Avenue, from Orange to the activity centers in Anaheim and to provide a more desirable impression of Orange as you approach from the west. This proposed agreement will provide a sidewalk to connect with the existing sidewalk in Anaheim, the addition and replacement of trees and landscaping along Katella and the replacement ofthe block wall surrounding the water well witb a wrought iron fence. Palm trees will be planted in front ofthe theaters with more traditional planting in front of offices. PAGE 13 CITY COUNCIL MINUTES July 11,2000 7. ADMINISTRATIVE REPORTS (Continued) Councilman Alvarez hoped this would create a new corridor witb a new look as you approach the City of Orange and asked if all property owners had been notified of these changes. The Economic Development Director stated all property owners and tenants have been contacted and are in agreement with the proposal. Mayor Coontz pointed out that at one time it was difficult to see the theaters from the street and hoped this would remedy those types of problems. RESOLUTION NO. 9300 A Resolution of the City Council of the City of Orange approving 1) a Cooperation Agreement with the Orange Redevelopment Agency relating to the Katella Avenue streetscape improvements adjacent to the Stadium Promenade Theater and retail complex, and 2) a Grant of Easements, Landscape Maintenance Agreement and Option to Purchase with Syufy Enterprises, a California Limited Partnership. MOTION - Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Resolution No. 9300. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 14-00 (A2500.0 Old Towne Design Standards) An Ordinance oftbe City Council of the City of Orange amending Title 17 oftbe Orange Municipal Code and the Historic Preservation Design Standards for Old Towne to address minor inconsistencies, make minor modifications and clarify certain sections. Ordinance Amendment 2-00 MOTION - Alvarez SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 14-00 be read by title only and same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 14 CITY COUNCIL MINUTES July 11, 2000 11. RECESS TO CLOSED SESSION The City Council recessed at 5:30 p.m. NOTE: Council did not recess to a Closed Session. The City Attorney advised no discussion was needed. 7:00 P.M. SESSION 12. PUBLIC COMMENTS Carole Walters (address on file) tbanked tbe City Manager and City Council for removing the tree next door to her property; and expressed concern over the comment made tbat she does not like trees, especially since she is having a tree planted in front of her house, and helped save trees around the Plaza. Councilman Slater apologized to Ms. Walters for suggesting she does not like trees and appreciated the fact she is planting a tree in her own yard and has taken such an interest in her neighbor's tree. ANNOUNCEMENTS Mayor Coontz announced tbat a "Budget in Brief," a synopsis of the City's Budget, is now available at the City's Library. 13. PLANNING AND ENVIRONMENT 13.1 Report and recommendations for the temporary "All-Way" STOP signs at the intersections of Handy St./Monroe Ave. and Handy St./Quincy Ave. (S4000.S.3.3) The Public Works Director reported in November, 1999, the City Council approved the installation of temporary Stop signs at the intersections of Handy Street and Monroe and Handy Street and Quincy and requested a report back witb findings and recommendations. The City hired the consulting firm ofWilldan to conduct the follow-up traffic study. This study was discussed at the City Traffic Commission, where tbe report was received and filed and forwarded on to the City Council with no recommendation. Staff, however, recommends the Stop signs be made permanent, additional Stop signs be installed in medians along Handy Street, traffic characteristics be continually monitored and no further action be taken for traffic calming measures on Handy Street between Katella Avenue and Collins Avenue. He further reported the Collins bridge, which is closed due to the freeway construction, will remain closed for at least another year. Willdan conducted an extensive study comparing speeds and driver compliance based upon measurement of speeds through the Stop signs. Compliance was considered anything 4 mph and below through the Stop signs. There appears to be more uniform traffic flow and safer conditions with the Stop signs; and the study also suggests a review be conducted in one year to check effectiveness and sustainability of tbe Stop signs. PAGE 15 CITY COUNCIL MINUTES July 11, 2000 13. PLANNING AND ENVIRONMENT (Continued) Mayor Coontz reported two letters were received - one from John Waters, 2144 E. Monroe, neutral position; and Tim and Susan Moyer, 2710 E. Quincy Avenue in favor of the Stop signs. Councilman Slater submitted a letter he received from Leo and Muriel Kueny, 2506 E. Quincy Avenue, opposed to the Stop signs. Councilman Slater asked what would be a reasonable time, after the reopening of the Collins bridge, to conduct another traffic analysis. The Director of Public Works reported they would wait approximately 30 days because it is mostly local traffic through that area and traffic patterns should return to normal conditions witbin that time. Mayor Coontz asked when tbe study was conducted in relation to the bridge closing; and if another traffic analysis would need to go through the City Traffic Commission. The Director of Public Works reported it was conducted prior to the Collins bridge closing, but while tbe Walnut bridge was closed; and report measurements were basically the same before the Walnut closure. Also, it would not be necessary to return to the Traffic Commission with another study, but by the time they notify residents and conduct the study it would be approximately three months to return to the City Council. Councilman Alvarez stated it was known there would be an impact with the bridge closures and they have learned a great deal from the Hart Street traffic issues recently discussed. He asked if a vehicle count study could be conducted. The Director of Public Works stated it would take approximately two weeks to do a vehicle count analysis. Mayor Coontz stated the traffic problem will be an issue until the Collins bridge is opened and suggested they could proceed with another analysis at that time. She thanked the neighborhood committee for tbeir work in resolving these traffic issues. The following people spoke in favor of the Stop signs: Russell Monroe, 2505 E. Locust Bill Lanning (address on file) Leonard Stitz, 1166 N. Handy Mark Levy, 2441 E. Collins, stated the City should wait until tbe bridge opens before a final decision is made In response to questions regarding Katella Avenue, tbe Director of Public Works stated the lime restrictions on Katella should be concluded within 90 days. The majority of the work on Katella involves construction of columns to support the freeway overpass and storm drain work. PAGE 16 CITY COUNCIL MINUTES July 11, 2000 13. PLANNING AND ENVIRONMENT (Continued) Mayor Coontz stated the neighborhood committee, which was formed to work on tbese traffic issues seems to have worked well. She is open to tbe idea of taking action at this time or waiting until after the Collins bridge is complete. Councilman Alvarez stated, based on the facts provided, and because the Stop signs have provided a safer environment for the neighborhood, he would like to see the Stop signs made permanent. Councilman Murphy agreed with staff's recommendations, and thought tbe addition of median Stop signs would be helpful in reducing the occurrence of rolling stops. He suggested staff report back after the Collins construction was complete. Mayor Coontz agreed median Stop signs would provide greater visibility and asked iftbe existing signs could be enhanced in any way or perhaps the medians could be painted. The Director of Public Works suggested perhaps the existing signs could be upgraded to provide more reflection especially at night, and agreed median Stop signs are more visible as they are in the driver's line of sight and not obstructed by parked vehicles. Mayor pro tem Spurgeon agreed the Stop signs should be made permanent; thanked the neighborhood committee for an excellent job; and suggested this be reviewed in a year. MOTION - Alvarez SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved to approve staff recommendations: 1) Make tbe two All-Way Stop signs at handylMonroe and Handy/Quincy permanent; 2) Install additional Stop signs in tbe median of Handy Street for both direction at both locations. This will enhance the visibility of the existing signs, especially in the dark hours and will also improve the drivers' compliance rate; 3) continue monitoring traffic characteristics on handy Street and surrounding area and repot back to the City Traffic Commission and the City Council as events warrant; and 4) take no further actions for any additional traffic calming measures on Handy Street between Katella Avenue and Collins Avenue. Councilman Slater stated he is impressed tbe Stop signs are having a positive impact. However, he is reluctant to make them permanent as a study truly needs to be conducted both before and after the freeway construction. He questioned the use of Stop signs as traffic calming devices, as most studies indicate they are ineffective for tbis. He also pointed out the letter he received PAGE 17 CITY COUNCIL MINUTES July 11, 2000 13. PLANNING AND ENVIRONMENT (Continued) from Leo and Muriel Kueny was in opposition to the Stop signs as they are heavily impacted by tbe Stop. Altbough he does not like tbe idea of continuing the matter, he was not quite convinced that approving the stop signs would be the most appropriate action to take. Mayor Coontz pointed out that Handy has always been a popular street for traffic and right now these signs are helping. Mayor pro tem Spurgeon suggested this matter can be re-opened at a later date if necessary. Councilman Murphy asked if any studies were being done on the south side of Collins at Handy, as that area could be experiencing similar problems and all residents in the area need to be assisted. Mayor Coontz agreed with the need to look at the south side of Collins, especially since tbere is a school and park in that location. 14. PUBLIC HEARINGS Tape 2900 14.1 LANDSCAPE MAINTENANCE DISTRICT 82-1, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE): (L1200.0 LMD-82-1) Time set for a public hearing on the annual levy of assessments to fund the costs and expenses for the maintenance of the improvements in Landscape Maintenance District No. 82-1,located westerly of Meats Avenue in the vicinity ofMarywood and Shadow Ridge Streets, Tract 10486. The City Clerk announced that notice was given in tbe manner and form as required by law and a Certificate of Compliance is on file and open for public inspection. The Director of Public Works reported the proposed assessments of$483 per lot/year for Lots I thru 10 and $105 per lot/year for Lots 11 thru 56 are unchanged from FY 1999-00 assessments. The estimated expenses for 2000-01 is $17,988, which can be funded by special assessments, interest earnings and from the district's rate stabilization fund. It is anticipated tban an assessment rate increase may be needed in FY 2001-02. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE WERE NO SPEAKERS. The Director of Public Works reported no protests had been received. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 18 CITY COUNCIL MINUTES July 11,2000 14. PUBLIC HEARINGS (Continued) Moved to close the public hearing. RESOLUTION NO. 9307 A Resolution of the City Council ofthe City of Orange confirming the Diagram and Assessment and providing for the levy of the annual assessment for Special Maintenance District 82-1. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9307. 14.2 LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS): (Ll200.0 LMD-86-2) Time set for a public hearing on the annual levy of assessments to fund costs and expenses for the maintenance of the improvements in Landscape Maintenance District No. 86-2 within th,: Upper Peters Canyon Specific Plan Area (Santiago Hills). The City Clerk announced that notice was given in the manner and form as required by law and a Certificate of Compliance is on file and open for public inspection. The Director of Public Works reported this year's assessment for a single family detached unit is $220 and $132 for a single family attached unit. These assessments are unchanged from FY 1999-00. The estimated expenses for 2000-01 is $460,535 which is funded by special assessments, interest earnings and from the district's rate stabilization fund. It is anticipated that an assessment may be needed in FY 2001-02. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE WERE NO SPEAKERS. The Director of Public Works reported no protests had been received. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to close the public hearing. PAGE 19 CITY COUNCIL MINUTES July 11,2000 14. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9308 A Resolution oftbe City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District 86-2. MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopted Resolution No. 9308. 14.3 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING): (Ll200.0 LMD-94-1) Tape 3100 Time set for a public hearing on the annual levy of assessments to fund the costs and expenses for the maintenance ofthe improvements in Landscape Maintenance District No. 94-1 in the Sycamore Crossing Tract. The City Clerk announced that notice was given in the manner and form as required by law and a Certificate of Compliance is on file and open for public inspection. The Director of Public Works reported the 124 units in the interior of the tract will pay $235 per year. The 36 units adjacent to the landscape improvements will pay $239.70 per year. The senior citizens housing site will pay $479.40 per year. The two lots owned by tbe City of Orange are no longer exempt and will pay $94 and $47 per year. Estimated expenses for FY 2000-01 are $40,040 and are funded by special assessments and the district's reserve fund interest earnings. They do not anticipate any increases in tbe next couple years. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE WERE NO SPEAKERS. The Director of Public Works reported no protests had been received. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to close the public hearing. PAGE 20 CITY COUNCIL MINUTES July 11,2000 14. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9309 A Resolution of the City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District 94-1. MOTION - Slater SECOND - Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9309. 14.4 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT AGENCY, LEASE AGREEMENT CONSIDERATION FOR FAR HORIZONS MONTESSORI SCHOOL, INC. (RA2100.0 AGR-3367) Tape 3240 Time set for a joint public hearing with the Orange Redevelopment Agency Board of Directors to consider approval of a lease of vacant Agency-owned property located at the southeast corner of Palm Avenue and Palm Drive to Far Horizons Montessori School, Inc. The Economic Development Director reported the subject property is currently vacant and there is some uncertainty of the future oftbe entire block. A portion oftbe property will be needed in the future for street widening, but while they are waiting to determine what to do with the property, it is staff s recommendation to have the property maintained and utilized to benefit children in the community rather than have it remain vacant. Therefore, it is recommended to lease the vacant parcel to Far Horizons Montessori School for use as a playground. The lease will be for a five-year term with 3 two-year options to extend; it will be leased for $1.00 per year; the Agency can terminate the lease at any time after the third year with a six month notice; Far Horizons can only utilize the site as a play area and can not place any structures on the site other than removable playground equipment; and Far Horizons is responsible for fencing and maintaining the property and securing fire and liability insurance coverage. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. RESOLUTION NO. 9305 A Resolution of the City Council oftbe City of Orange approving the lease of property located at the southeast corner of Palm Avenue and Palm Drive by the Orange Redevelopment Agency to Far Horizons Montessori School, Inc. and making certain findings with respect thereto. PAGE 21 CITY COUNCIL MINUTES July 11,2000 14. PUBLIC HEARINGS (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt Resolution No. 9305. The Council convened to the Redevelopment Agency Agenda, Item 11.1 15. ADJOURNMENT MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 7:53 p.m. to an Adjourned Regular Meeting, July 25, 2000 at 3:30 p.m. in Conference Room C to discuss the Santiago Hills II Project ~ffdC:~~ CITY CLERK PAGE 22