4/24/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON MAY 8, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 24, 2001
The City Council of the City of Orange, California convened on April 24, 2001 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Helen Walker, Soroptimist International of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Service Awards:
David Marks - Police; Jerry Graham - Fire; Bryan Hagan - Fire; Keith Houk - Fire;
William Lawson - Fire; Jonathan Osterkamp - Fire; David Sherman - Fire;
Susan Campbell- Finance; Laurey Sword - Police; Larry Goldsmith - Police;
Donald LockIidge - Police; Michael Streed - Police.
John Sibley, new Assistant City Manager, was introduced.
Orange Library Volunteers were recognized and a proclamation announcing National
Library Volunteer Week, April 22-28, 2001, was presented to Nora Jacob, City Librarian
and Rosanne Miller, Children's Services Senior Librarian. Arlene Minor, Friends of the
Orange Public Library Bookstore Director, presented a check for $15,000 to the Orange
Public Library. The Mayor introduced Kay Massa and Carolyn Cavecche, Orange Public
Library Board Trustees and Gaddi Vasquez, Library Foundation Board Member.
Proclamation honoring Occupational Therapy Month will be mailed due to the recipient
not being present.
Certificates were awarded to members and coaches of the El Modena Hills Girls All-Star
team, regional and national winners of the National Junior Basketball 4th Grade
Tournament; Norval Dickson, Head Coach. Chris Hurtado, Assistant Coach, was present
with the members to accept the certificates.
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CITY COUNCIL MINUTES
April 24, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Murphy announced:
. The City received approval of an EPA Brownfield Grant for $200,000 for the Cerro
Villa and railroad properties. This will help fund an analysis of both parcels which
will eventually lead to increased park acreage.
. Rotary International will hold a "Polio Plus Partners Rally" on Friday April 27 at the
Orange Mall as part of their efforts to eradicate polio around the world.
. The Orange Public Library will hold a Family Fiesta on Friday, April 27.
. "Christmas in April" Day is Saturday, April 28. An organization of volunteers work
to repair and rehabilitate houses of low-income homeowners, particularly the elderly
and people with disabilities.
. "Paint the Towne 2001" starts on Saturday, April 28 and extends through May 5.
Outdoor artists will paint some of the City's historical homes and buildings and their
artwork will be displayed at Depot Park on Sunday, May 6.
. Dash for Dare was held Saturday, April 21. The Mayor thanked the many volunteers
who participated in this event.
. Arbor Day was held Saturday, April 21. Trees were planted in the City and the
Mayor thanked the boy scouts and volunteers for their efforts.
2.
PUBLIC COMMENTS
TAPE 820
Mark Burkhardt, 3447 Ruth Place, asked for support of the McPherson Neighborhood
Preservation Committee.
Councilmember Alvarez directed the City Clerk to agendize under Councilmember
Reports for the May 8th Council meeting a discussion to create a McPherson
Neighborhood Committee. He will talk with the neighbors in this area, draft a report and
present it to the Council for the next meeting.
Jeannine Lawrie, 2512 Shady Forest Lane, President of the Orange Dog Park
Association, presented a video to each Councilmember which depicts the various dog
parks throughout the County. The Association has raised over $22,000 since last August
towards the park fencing at the proposed park at Yorba and Chapman. They plan to have
a booth at the Street Fair this year to help raise funds and are selling T-shirts for $15.
They are in the process of establishing a web site, but can be contacted through E-mail at
scakot@earthlink.net. She asked for an estimate from the City as to when the park would
open.
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CITY COUNCIL MINUTES
April 24, 2001
2. PUBLIC COMMENTS (Continued)
Mayor Murphy stated that until the engineering plans are complete, the City can not
determine an opening date. He thanked the many volunteers of the Dog Park Association
for their active participation.
Councilmember Coontz suggested the Association communicate more with the
community regarding their ongoing events and activities, as there is a great deal of
interest in the proposed dog park.
3.
CONSENT CALENDAR
TAPE 1160
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 24, 2001 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 AprilS and 12, 2001.
ACTION:
Approved.
3.3 Receive and file the City Treasurer's Report, period ending March 31, 2001. (C2500.F)
ACTION:
Approved.
3.4 Request approval of City Council Minutes, Adjourned Regular Meeting, April 9
2001 and the Regular Meeting April 10, 2001.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Second Amendment to Agreement with City Manager. (A2100.0 AGR-3501.B.2)
SUMMARY: The proposed amendment would increase the compensation paid to the
City Manager at the same 4% granted to other City employees under the Top
Management Memorandum of Understanding.
ACTION: Approved Second Amendment to Agreement with City Manager and
authorized Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: The amendment would result in an increase of approximately $2,244
in general fund expenditures during the 2000-2001 fiscal year. For the 2001-2002 fiscal
year general fund expenditures would increase by approximately $6,732. Sufficient
funds are available in the City Manager's budget.
3.7 License Agreement Between the Metro Cities Fire Authority and County of Orange
for Communications Facility at Signal Peak. (A2100.0 AGR-1637.B)
SUMMARY: The Metro Cities Fire Authority, which the City of Orange is a member,
provides joint fire dispatching services for seven member agencies. As part of their
communications infrastructure, the Authority maintains communications equipment at
the County's Signal Peak Communications Facility. In order for the Authority to renew
its communications license agreement with the County, the City Councils for each
member agency must consent to the agreement.
ACTION: Authorized the City of Orange representative on the Metro Cities Fire
Authority Board of Directors to approve the License Agreement and future License
Agreements between the County of Orange and the Authority for communications
equipment at the Signal Peak Communications Facility.
FISCAL IMPACT: No additional fiscal impact. The License Agreement fees are
included in the City's annual contribution to the Metro Cities Fire Authority operating
budget.
APPROPRIATION OF FUNDS
3.8 Re-appropriation of funds for the purchase and installation of LED units at traffic
signals citywide. (S4000.S.3.3)
SUMMARY: The City Council previously approved the replacement of existing traffic
signal indications throughout the City with LED units, using a rebate program available
through the Southern California Edison Company. Funds in the amount of $530,000
were appropriated for purchase of the materials, and a contract in the amount of $72,414
was awarded for installation. It is proposed to modifY the source of advance funding for
this project in order to conform to the recently issued guidelines for use of Transportation
Congestion Relief funds.
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Canceled the appropriation from Fund 340 to Account 340-5032-483100-
6464 in the amount of $602,414; 2) Appropriated $602,414 from Fund 272
(Unappropriated Reserves) into Account No. 272-5032-483100-6464 (LED Replacement
Program) to be used for the purchase and installation of the LED units; and 3) Amended
Revenue Budget Fund 272 for receipt of Edison LED Grant Reimbursement monies in
the amount of$462,250.
FISCAL IMPACT: Funds for this project will be available in Account Nos. 550-5032-
483100 (LED Replacement Program) and 272-5032-483100 (LED Replacement Rebate
Program) following the City Council's action. The materials purchase portion of this
project, less sales tax, will be reimbursed from the SCE Rebate Program if the
installations are completed by June 1, 2001.
3.9 Appropriation of Federal Asset Forfeiture funds to purchase a walk-in freezer for
the Police Department's property and evidence room. (C2500.K)
SUMMARY: The existing walk-in freezer in the property and evidence room was
damaged several years ago during a severe rainstorm. The damage resulted in a freezer
that will not operate below 200 Fahrenheit. The passing of SB 1342 grants any
defendants convicted of a felony (and currently serving a term in prison) the right to
motion for DNA testing on applicable evidence. This evidence should be stored at a
temperature lower than the capability of the existing freezer, hence the request to
purchase a new unit.
ACTION: Appropriate $15,000 to account 355-4034-471301 (Federal Asset Forfeiture-
Lab/Property - Equipment) and authorize the purchase of a walk-in freezer from
Commercial Cooling Par Engineering, Inc.
FISCAL IMPACT: Unreserved fund balance is available in the Federal Asset Forfeiture
account to fund this appropriation.
BIDS
3.10 Project No. D-135; CDBG Project - Shaffer Street Storm Drain Improvements from
Walnut Avenue to 200-feet south of Everett Place. Approval of plans and
specifications, and request for authorization to advertise for bids. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Improvement project and they are ready to advertise for bids. The estimated
construction cost is $180,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CBDG Shaffer Street Storm Drain Improvement Project.
FISCAL IMPACT: Funds are budgeted in Account No. 310-9645-483400-5552,
Community Development. Block Grant (CDBG), $220,000
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Victor L. Dees
b. Florentine Kukler
c Matthew D. Mataya
d. Robert L. Miller
e. Kevin Pearson
FISCAL IMP ACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Second amendment to Berryman Henigar contract in the amount of $3,500 for
GASB 34 Infrastructure Valuation Services. (A2100.0 AGR-3581.2)
SUMMARY: The City has previously contracted with Berryman Henigar for the
completion of a pavement condition survey to be completed throughout the entire City.
This amendment would require additional services to place a valuation upon additional
City facilities including streetlights and traffic signals in order to meet the requirements
of Governmental Accounting Standards Board (GASB) Statement Number 34.
ACTION: Approved the second amendment for Pavement Management Consulting
Services to Berryman Henigar in the amount of$3,500.
FISCAL IMPACT: Funds are available in account number 100-5001-426700
(Department of Public Works Administration-Contractual Services) in the amount of
$9,800.
FUNDING PROGRAMS
3.13 Approve the submittal of an application for funding through the Safe Routes To
School Program administered by Caltrans. (S4000.S.3.2)
SUMMARY: Public Works is seeking Council approval to submit an application to the
State's Safe Routes to School Program. The application is for the installation of sidewalk
on the east side of Nohl Ranch Rd., from Rustic Gate Way to Nohl Canyon Road. The
estimated cost of the project is $70,000. The Safe Routes to School funding program
requires a 10% match.
ACTION: Approved the submittal of the proposed sidewalk improvement project to the
Safe Routes to School funding program for Fiscal Year 2001/02.
FISCAL IMPACT: The 10% match for this project is $7,000.00 and can be
accommodated in Fund 262 Unallocated Monies.
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
LIBRARY CLOSURE
3.14 Request for closure ofEI Modena Branch Library, May 14 to June 2, 2001. (C2500.I)
SUMMARY: Closure of the EI Modena Branch Library is requested to allow the
performance of work essential to resolving communications equipment problems and
preparing the facility's electrical/cabling infrastructure for future growth.
ACTION: Approved closure ofthe El Modena Branch Library, May 14 to June 2, 2001.
FISCAL IMPACT: There is no fiscal impact to closing the library. Funds are sufficient
to cover the two activities to be carried out. Electrical upgrading and conduit installation
will cost $22,750. Data/phone cabling installation will cost $9,700. Contracts for the
electrical and cabling work have already been issued. Funding for this work comes from
two sources: 1) Remaining Main Library Information Technology Center funds
previously approved for use on this EI Modena Branch Library upgrade of the network
and electrical system (500-2004-485100-9318); and 2) Funds within the library's
current FY 00/01 budget for Technology & Support Services (100-2004-426700-0000).
PERMIT PARKING
3.15 Approval of No Fee parking permits in Municipal Parking Lot J (South Orange
Street) for the Assistance League of Orange (10), and First United Methodist
Church (2). (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange and First United Methodist Church are
requesting issuance of No Fee parking permits to accommodate their charitable medical
and community activities. This request is reviewed annually by the City Council.
NOTE: Councilmember Alvarez abstained on this item due to a property ownership
conflict of interest at 131 S. Glassell.
ACTION: Approved.
FISCAL IMP ACT: Loss of $1,440 annual parking permit fees.
PROPERTY PURCHASE
3.16 Purchase of5-foot wide strip ofland at 1916 W. Chapman Avenue. (A2100.0 AGR-3751)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Carpenters Local Union 2361.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 5 foot wide strip of land located at 1916 W. Chapman
Avenue. Purchase price is $30,320.00 plus any related escrow costs.
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of 30,320.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH).
RESOLUTIONS
3.17 RESOLUTION NO. 9434 (C2500.M.16.1) LLN-2001-2
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-2 adjusting lot lines of certain real property situated at 495, 477, 461, 462 N.
Carlisle Place in the City of Orange, County of Orange, State of California.
Owner: George Adams
ACTION: Approved.
3.18 RESOLUTION NO. 9435 (A2100.0 AGR-3682)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-07; SP-3333; Ranco
Corporation; ADA Ramp Improvements - Citywide (year 2000-01).
ACTION: Approve.
3.19 RESOLUTION NO. 9436 (A2100.AGR-3633)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-09; SP-3265; Trugreen
Landcare; Orange Fire Station No.8 Landscape and Irrigation Improvements.
ACTION: Approved.
3.20 RESOLUTION NO. 9437 (S4000.SA)
A Resolution of the City Council of the City of Orange authorizing the temporary closure
of and removal of on-street parking on Grand Street from Almond Avenue to 124-142 S.
Grand Street, for a special event on May 12, 2001.
Fire Services Day
ACTION: Approved.
3.21 RESOLUTION NO. 9438 (C2500.M.16.1) LLN-2001-05
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-05 adjusting lot lines of certain real property situated at One City Boulevard
West and 3510 Metropolitan Drive in the City of Orange, County of Orange, State of
California.
Owner: Orange City Mills Limited Partnership & Spieker Properties, L.P.
ACTION: Approved.
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CITY COUNCIL MINUTES
April 24, 2001
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 9439 (C2500.P.3)
A Resolution of the City Council of the City of Orange determining that there is a need to
continue the rehabilitation of Water Wells 23 and 24 in response to an emergency.
Water Well 23 is located at 3142 E. Walnut Avenue, adjacent Santiago Creek.
Water Well 24 is located at 2930 E. Collins Avenue, next to Fire Station No.2.
ACTION: Approved.
SPECIAL EVENTS
3.23 Request for temporary suspension of permit parking restrictions within 'Area A',
(downtown area) for a special event. (S4000.SA)
SUMMARY: Orange High School will hold their annual Baccalaureate and Graduation
Ceremony at their campus on Sunday - June 17, 2001 and Wednesday - June 20, 2001,
respectively. Due to anticipated attendance it may be necessary to park in the
surrounding residential neighborhood which restricts on-street parking except by Permit.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Councilmember Alvarez abstained on Item 3.15. All other items on the Consent
Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1185
5.1 Councilmember Slater - Consider forming a citizens committee that would conduct
a contest for the naming of a city motto.
Councilmember Slater stated that several years ago, when discussing the need for new street
signs, a suggestion was made that this might be an appropriate place for a City motto. However,
the City does not have a motto; and in the interest of promoting City pride and spirit, he
suggested this discussion for a City motto. He volunteered to chair a committee, with members
appointed by each Councilmember, to conduct a City wide contest to establish a motto. He
would like to involve all the citizens of Orange, including school children.
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CITY COUNCIL MINUTES
April 24, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz reviewed some of the mottos of various Orange County cities, noting
that 14 of the cities do not have a motto. She stated that whatever motto is chosen needs to
transcend both good times and bad.
Councilmember Alvarez supported this idea, stating it is a first step in looking at a bigger picture
for the City. He suggested that an entire marking plan may be good for the City.
Mayor Murphy stated if the City can choose a motto that captures an image of what the city
should represent, it will help from an overall marketing standpoint. He supported the idea as it
will get the community actively involved.
Councilmember Slater stated with Council's concurrence, he will take the suggestions that have
been made, put together the framework and return to Council with a formal process.
Non Agenda Item
Councilmember Alvarez asked for information from the City Attorney on the action that is being
taken on the alleged financial improprieties of the Airport Working Group. The City Attorney
explained this is part of pending litigation and would provide an update to the Council through a
confidential memorandum.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1510
6.1 Investment Oversight Committee Third Quarter Report for the Quarter Ending
March 31, 2001. This report summarizes the activity of the Investment Oversight
Committee. (ORI800.0.27.16)
The City Treasurer presented the report.
Councilmember Alvarez asked for clarification on the statement that high coupon securities were
called away from the City. The Finance Director explained that part of the City portfolio is
involved in agencies, which are almost always sold with a call provision. This means that the
interest rates are protected for a period of time, but if they fall below a certain rate, those
agencies have the option of calling those investments in. At that time the investments are
liquidated, but they are immediately reinvested.
Councilmember Coontz asked that a glossary of financial terms be provided to the Council.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
ACTION: Received and filed.
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CITY COUNCIL MINUTES
April 24, 2001
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION
TAPE 1690
The City Council recessed at 5:35 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
Property: Parcel located at NW corner of Spring and McPherson
Negotiating Parties: Union Pacific Railroad and City of Orange
Under Negotiation: Price and Terms of Payment
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
City of Orange v. Jeffrey A. Hambarian, et aI., Orange County Superior Court Case No.
80-74-19
NOTE: This item was not discussed.
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.
Urgency Item to be added to Closed Session
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
Moved that the need to take action on a potential litigation item, pursuant to Government Code
Section 4956.9, arose after the posting of the agenda.
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CITY COUNCIL MINUTES
April 24, 2001
12. ADJOURNMENT
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz
The City Council adjourned at 6:30 p.m. to an Adjourned Regular Meeting, April 25, 2001 at
5:00 p.m. in the Weimer Room to discuss 2001/02 Budget Revenues and Expenditures.
{t-UJJ~Cu-A<<d-
CASSANDRA J C THCART, CMC
CITY CLERK
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MAYOR
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