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5/8/2001 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON MAY 22,2001 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING May 8, 2001 The City Council of the City of Orange, California convened on May 8, 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 Father Valentin Ramon, La Purisima Catholic Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Joanne Coontz 1.3 ROLL CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz ABSENT - None NOTE: Councilmember Alvarez left the meeting at 6:53 p.m. 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation honoring ALS Awareness Month, May 2001 was presented to Jean Hansen, President, Amyotrophic Lateral Sclerosis (ALS) Association. Proclamation honoring Hire a Veteran Month, May 2001 was presented to Kathy Kral, Veteran Employment Representative, California Employment Development Department. Mayor Murphy announced: . Saturday, May 12th is Fire Service Day, with activities being held at Fire Headquarters. . Thursday, May 17th is the Orange Chamber of Commerce annual Business and Education Expo which will be held at The' Block from 11 :00 a.m. to 76:30 p.m. . The Mayor attended a 100th Birthday party for Victor Vaughn on Saturday, May 5th. . Sunday, May 6th was the dedication of the Beverly Home, a group home named in memory of Beverly Nestande. . Sunday, May 6th was an art sale and awards ceremony for Paint the Towne, sponsored by the Orange Art Association. . The Old Towne Preservation Association held their annual awards ceremony on Sunday, May 6th at Citrus City Grille. PAGEl CITY COUNCIL MINUTES May 8, 2001 2. PUBLIC COMMENTS TAPE 390 Marita Liebesman, 7318 Cambria Circle, President, Pheasant Run Homeowners Association Board of Directors, submitted a petition containing approximately 40 signatures protesting their exclusion from the planning process involved with the amending of the East Orange General Plan. (C2300.E GPA-2-00) Janet Koepke, representing residents along East Santiago Canyon Road, submitted a petition containing approximately 62 signatures, requesting the speed limit be reduced on Santiago Canyon Road from the posted 50 mph to a safe speed for the residents, equestrian and commuters. (S4000.S.3.4) Tom Anderson, spoke on the proposed East Orange development and the impending negative impacts; asked who will be monitoring the mitigation measures; and why the residents in their neighborhood have not been notified. Steve Borden, address on file, requested the City do something about the construction remnants left after the construction of the McPherson School wall; and requested an investigation of the legal status of motorized bikes. 3. CONSENT CALENDAR TAPE 720 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 May 8, 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 ofthe City Clerk. 3.2 Request Council Confirmation of warrant registers dated April 19 and 26, 2001. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting April 24, 2001 and Adjourned Regular Meeting April 25, 2001. ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. APPROPRIATIONS (REMOVED AND HEARD SEPARATELY) 3.5 Request for additional funds to provide for election services for the Special Municipal Election scheduled June 5, 2001. (EI100.0) SUMMARY: The City Council called the Special Municipal Election on January 2, 2001 to fill a vacancy on the Council. The Special Municipal Election is consolidated with the County of Orange to render specified services to the City of Orange relating to the conduct of the Special Municipal Election. The Registrar of Voters has estimated those costs to be approximately $75,000. FISCAL IMPACT: Following City Council's action, funds for the Special Municipal Election will be available in Account No. 100-0401-435501. DISCUSSION: Councilmember Alvarez stated that at the January 2, 2001 Council meeting, he opposed the allocation of any money for a special election. It is ludicrous to spend taxpayers money when it could be allocated for something else. His comments have not changed from the January 2nd meeting, in that the Council should have made a Council appointment so there would not have been an empty Council seat for these past months and they would have been able to appoint a Mayor pro tern. He voted against this on January 2nd and will vote against it at this time. The Council is elected to make decisions and should have made one in January. Councilmember Slater stated, as he stated back in January, the first runner up from the November election should have been appointed to the Council so the City would not have to spend $75,000. It is embarrassing as there are other places to spend this money. It is a shame to go through this exercise again. Mara Brandman, address on file, stated the current Council IS divided and it was a mistake not to appoint a fifth Councilmember. Councilmember Alvarez expressed concern that they may have to come back with yet another special election in light of what he has been reading about a certain candidate possibly being implicated of wrong doing at his job. The City Attorney reminded the Council that the Council meeting should not be used for campaIgn purposes. PAGE 3 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) Mayor Murphy stated that for the most part, during the November election, the Council left the political interests at the door and stayed focused on City business; and suggested continuing that policy for this upcoming election. He spoke in favor of the special election, stating the citizens' right to vote should not be devalued. He suggested that the City Attorney explore the possibility, for future election cycles, effective November 2002, of creating language that any time a sitting Council person is running for another office where an open seat might be created, there would be an option to vote for three. Then there would be a person finishing third that was selected by the public; and an open seat or special election would not be necessary. The voters should speak for their representation. Councilmember Coontz stated it has been confusing for the voters to understand how the vacancy was actually caused. Councilmember Slater commented he respectfully disagreed with Mayor Murphy and resents his personal attack that Councilman Slater devalues the right to vote. In his opinion, Mayor Murphy devalued the vote of November and devalues the value of the taxpayers funds by wasting another $75,000 on this election. MOTION - Coontz SECOND - Murphy AYES - Coontz, Mayor Murphy NOES - Alvarez ABSTAIN - Slater Moved to approve an additional appropriation of $75,000 form the General Fund Unappropriated Reserves to Account No. 100-0401-435501. 3.6 Appropriation of California Beverage Container Recycling and Litter Reduction funds for the purchase ofthe following items: eligible playground equipment, office recycling containers and educational materials. (C2500.M.1.1) SUMMARY: In May 2000 the City applied for eligible funding from the California Beverage Container Recycling and Litter Reduction program totaling $37,297. These funds have been received and must be expended by June 30, 2001 or returned to the California Department of Conservation. The grant funds ($37,297) have been received and deposited into Fund 220, Sanitation Fund. However, these funds have not been appropriated to specific projects. Staff is recommending expending the Beverage Container funds on the following eligible activities: 1) Purchase playground equipment (made from recycled materials) for LaVeta Park ($34,000); 2) Purchase office recycling containers and equipment for various city facilities ($2,000); and 3) Purchase educational materials ($1,297) PAGE 4 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) ACTION: Appropriated $37,297 from Fund 220 into the following accounts: 1) $34,000 to Account No. 220-5022-471302-0087 (Furniture, Machinery - El Modena and La Veta Parks) for the purchase of playground equipment; 2) $2,000 to Account No. 220-5022-449100-4907 (Minor Office Equipment - Beverage Container Recycling Grant) for the purchase of office recycling materials; and 3) $1,297 to Account No. 220-5022-426600-4907 (Publicity and Advertising - Beverage Container Recycling Grant) for the purchase of educational materials. FISCAL IMPACT: Beverage Container grant funds totaling $37,297 were received in September 2000 and deposited in Fund 220 - Sanitation. These grant funds must be expended prior to June 30, 2001. Therefore, staff is recommending the appropriations as shown in the recommendations. AGREEMENTS 3.7 Agreement with Conrad and Associates, LLP to perform the annual financial audit of the City and Redevelopment Agency and related consulting services. (A2100 AGR 2617.B) SUMMARY: Due to the complexity of the requirement to prepare the City's annual financial statements in accordance with GASB 34, the Audit Committee believes that it is imperative to retain an external audit firm that is not only knowledgeable in the implementation of GASB 34, but is familiar with the City of Orange's financial situation and accounting procedures. It is therefore recommended that the City Council approve a two-year agreement with the City's current external auditors, Conrad and Associates, LLP, to perform the annual financial audit of the City and Redevelopment Agency and other related consulting services. ACTION: Approved, and authorized the Mayor and City Clerk to execute, the agreement with Conrad and Associates to perform the annual audit of the financial statements of the City and Redevelopment Agency for fiscal years 2000-01 and 2001-02 in the amount of $43,109 and $44,141, respectively; and to provide additional consulting services related to the implementation ofGASB 34 in the amount of$20,500 and $4,500 respectively. FISCAL IMP ACT: Funds for the annual financial audit and consulting services to be completed in the current fiscal year are budgeted in the following accounts. Funds for fiscal years 2001-02 and 2002-03, will be included in the respective annual operating budgets: 100-1231-426300 Accounting & Auditing $23,147 100-1231-426700 Other Professional & Consulting $40,000 3.8 First Amendment to Attorney Services Agreement with Palmieri, Tyler, Wiener Wilhelm & Waldron, LLP for continued legal services. (A2100.0 AGR-2794.B.1) SUMMARY: The City entered into an agreement with Palmieri, Tyler, Wiener Wilhelm & Waldron, LLP to provide legal services in condemnation matters. The proposed First Amendment will increase the not to exceed amount from $30,000 to $200,000. PAGE 5 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) ACTION: Approved First Amendment to agreement with Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP and authorized Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: There are sufficient funds in the legal services account 100-0301- 426100, TSIA/La Veta Main Project 286-5011-483300-4039, and TSIP-B West Orange, Chapman Widening 284-5011-483300-4038. (REMOVED AND HEARD SEPARATELY) TAPE 1050 3.9 Consulting Services Agreement with Bon Terra Consulting to assist City in conducting environmental review for the Santiago Hills II Runoff Management Plan for an amount not to exceed $99,795.00 (C2300.E GPA-2-00) SUMMARY: Bon Terra Consulting prepared Supplemental Enviromnental Impact Report 1278 for development of Santiago Hills II. Environmental review must now be conducted for a follow up study, a Runoff Management Plan (ROMP). Because of Bon Terra's familiarity with the underlying project, staff feels that they would be able to most efficiently perform the work required to be done. FISCAL IMPACT: There will be no fiscal impact to the City. The Irvine Company will be required to pay all costs associated with this agreement. In accordance with City Council Resolution No. 9296, an applicant for a development project is charged for any amounts incurred by the City for outside consultants retained to assist in evaluating the project proposal. DISCUSSION: Councilmember Alvarez stated he was disappointed to see this on the Agenda especially in light of the first public hearing and the public concerns with the enviromnental review and the lack of confidence with Bon Terra Consulting. He would like to have seen an independent contractor with no ties to the City and asked why the City is hiring the same company for this enviromnental review that did the initial review. He also indicated that he was asked if he had taken any campaign contributions from Bon Terra. He stated he has never taken any campaign contributions from Bon Terra, and his decision is not based on any influence from them. He encouraged the Council to not accept this proposal and instead find an independent and reputable firm for this review. Councilmember Slater stated it seems that by hiring Bon Terra, who did the initial enviromnental review for this project, it's the same as a company being its own auditor. There were many mistakes made by Bon Terra in the previous report and it would be in the best interest to have another firm do this work. He also asked why this contract was not put out for competitive bidding. PAGE 6 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) Stan Soo Hoo, Community Planning Manager, stated the work being proposed is for a review of the Run-Off Management Plan (ROMP). It is a follow up project from the review approved last year. It is not a double check of previous work, but a continuation or subsequent phase ofthe enviromnental review. Bon Terra is a well qualified company. He has lists of projects they have been involved in and agencies they have worked for. Also, enviromnental review is done in a tiering-type process. This work will use the previous work that was done as a foundation and build on that. The original EIR done in 1989 and the Subsequent EIR are both still relevant and will be used. If a new consultant were bought in, they would have to review the numerous volumes of documents before beginning the work; whereas Bon Terra is already familiar with the project. In response to Council questions, Mr. Soo Hoo stated the original 1989 enviromnental report was not done by Bon Terra, but Bon Terra was a spin-off from the original firm that did perform the work. He also stated the costs for this consulting agreement will be paid by The Irvine Company. It is the City's decision to choose the consultant, but The Irvine Company is informed of the decision as a courtesy since they are paying for it. The City Attorney stated that with regard to the competitive bidding process, there is a bid procedure for consultant agreements under the Purchasing Ordinance. The difference between this and a public works project is that price is generally not a consideration when retaining a consultant. There is also a procedure whereby the competitive bid procedure is not followed if staff can show reasons why it shouldn't be followed. The reason in this case is that we have a consultant who is already familiar with the project and this is just another step in the SEIR process. Councilmember Alvarez stated the City should stay with the competitive bid process irregardless of staffs position, as those policies are put in place to make sure there is no conflict of interest. The Run Off Management Plan is very critical and the City should bring someone in who is independent and very familiar with these issues. He would feel more satisfied if another firm could confirm the work that has already been done. PUBLIC COMMENTS: TAPE 1600 Written communications were received from the following in opposition to awarding a contract to Bon Terra Consulting: Christopher Koontz, 10252 Lolita Street Alan and Cynthia Burns, 8203 E. Hillsdale Alice Sorenson Carolyn Noble Theresa Sears, 7733 Santiago Canyon Road PAGE 7 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) Eric Noble, address on file, spoke in opposition to awarding a contract to Bon Terra, noting the inadequacies of the SEIR and the lack of confidence in this firm. He noted that Councilmember Coontz had received campaign contributions from Bon Terra. Councilmember Coontz stated her acceptance of campaign money has nothing to do with the decisions she makes on the Council. Her decisions are made for the benefit of the City and not any individual. She also noted that people give money to all Councilmembers for their campaigns. Julia Jones Utkes, address on file, spoke in opposition to awarding a contract to Bon Terra and submitted a list of potential consultants for this project, Shirley Grindle, address on file, stated there is a deep lack of trust and confidence in Bon Terra, whether they're capable of doing the job or not. The City needs a fresh look at this project and should go out to bid for a consultant. Mark Sandford, address on file, spoke in opposition to awarding a contract to Bon Terra. COUNCIL COMMENTS: TAPE 2000 Councilmember Alvarez suggested the Council not approve the consulting contract with Bon Terra, but direct staff to come up with a list of independent consultants who should understand they would be answerable to the Council, through the City Manager's Office. Councilmember Slater stated the City needs to seek competitive bids, not so much from a cost perspective but to get an idea of who is the most capable; and would not consider Bon Terra for this proposal. Mayor Murphy suggested that it is unfortunate that a lawsuit was responsible for raising the issues that they had the opportunity to look at back in October. He was glad the Council was finally recognizing these issues but wished they had been looked at in October during the hearing process. He agreed this proposal needs to be put out to bid, and not be awarded to someone who created the issues in the past. The City Attorney clarified that the Run-Off Management Plan is not prepared by the enviromnental consultant. It is prepared by an engineer, then reviewed by the County and the City. The enviromnental consultant only reviews the enviromnental impacts of the ROMP. The City Manager pointed out there are times when it is in the best interest of the City not to use a competitive bid process and should be reviewed on a case by case basis; and wanted to clarifY staffs diligence and integrity in reviewing this proposal. PAGE 8 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) Mayor Murphy reiterated that Staff can only take a direction they get from the policy which is set from the Council, and this policy and process is now being clarified. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz Moved to deny the consulting services agreement with Bon Terra Consulting. MOTION - Alvarez SECOND - Slater AYES - Slater, Alvarez, Mayor Murphy, Coontz Moved to direct staff to prepare a list, through the City Manager's Office, to propose a consulting firm that would provide consulting services as outlined in staff report. However, whatever firm is hired it be made clear to them that they are to answer directly to the City Manager and ultimately to the City Council. A summary of the RFP is to be provided to the Council for their review before the contract is approved; and exclude Bon Terra from this RFP. The following comments by Councilmember Coontz are to be included in the motion for the record: Councilmember Coontz stated she will be looking at enviromnental issues very closely, including those related to the future Irvine Company development. The Run-Off Management Pan is a major issue and she would support looking at other consultants. Money is not the major concern for hiring a consultant, but the quality of work. Councilmember Coontz stated the Council needs to understand what is coming back to them in the way of a contract and if they are going to see any addressing of the issues that they think are most important. They need to know more and have more confidence in the consultant than the process they usually go through. Looking at the standard contract is not enough. 3.10 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Clifford K. Gaisbauer b. Janet Leitch c. Brian Carter FISCAL IMPACT: None. ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster PAGE 9 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) CONTRACTS 3.11 Contract Change Order No.1; Bid No. 001-15; Project No. SP-3275, City of Orange Corporation Yard - Seismic Retrofit and ADA Improvements. (A2100.0 AGR-3678) SUMMARY: Contract Change Order No.1 authorizes payment for extra work at agreed prices. The amount of Contract Change Order No.1 is $18,504.57. ACTION: Approved a Contract Change Order No.1 in the amount of $18,504.57 to DRP Construction for the extra work. FISCAL IMPACT: Funds are budgeted or are available in the following account: 550-5011-481105-2975 - $18,504.57 (Seismic Retrofit-Garage) 3.12 (REMOVED AND HEARD SEPARATELY) Award of Contract - Bid No. 001-31, SP-3349; Improvements Orange Senior Citizens Community Center (A2100.0 AGR-3755) TAPE 2450 to the Existing SUMMARY: The construction improvements to be completed as part of this project include roof replacement; restroom improvements for ADA compliance, a security door for the stairway; painting and minor improvements to the kitchen and serving area. FISCAL IMP ACT: Fund are budgeted or are available in the following account: 310-9645-481105-1601 $198,000 (Community Development Block Grant) The available funds include the 10% contingencies for the project. Mayor Murphy commented on the need for alternate facilities for the seniors during this construction phase and put the call out to the community to provide such a facility. The Director of Community and Library Services reported they have been working to facilitate the transition of services during construction. They have looked at various facilities and are hoping to finalize arrangements with the Armory. They have also reached agreement with the American Legion to continue the Meals on Wheels program. Councilmember Coontz, member of the Building Committee for the Senior Center, spoke on the importance of finding an alternate site in the area for the senior programs. She also stated it was important to maintain the building on an on-going basis and suggested a detailed policy for the use of the building and that staff work with the Building Committee on this. She thanked and complimented the Building Committee for their efforts in locating suitable alternate sites, as most of the suggestions for sites came from that Committee. Keith Regan, Senior Citizens Center Director, stated approximately 400-500 seniors come through the Center each day. The Armory is suitable for their needs, along with the use of the American Legion Hall for Meals on Wheels and other locations for other specific programs. PAGE 10 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz ACTION: 1) Authorized fund transfer of $66,000 from CDBG undesignated reserve funds, Account number 310-9645-491300-1070 to Account number 310-9645-481105- 1601 for Improvements to the existing Orange Senior Citizens Community center, project administration cost and contingencies; 2) Awarded a contract in the amount of $178,006 to C.A. Granger Construction Inc., 750 N. Batavia Street, Unit F, CA 92868 and authorized the Mayor and City Clerk to execute on behalf of the City. PARKING ISSUES 3.13 Request to add the 600 block of North Orange Street to Neighborhood Parking Permit Program Area "A", and to waive the $400.00 application fee. (S4000.S.3.1.2) SUMMARY: There is precedent for the City Council to waive or reduce the $400 application fee in this area. The 500 block of North Orange Street south of the study area has already been included in Permit Area "A". That segment of Orange Street was included in the Permit Parking Program prior to the implementation of the application fee. ACTION: Approved the request to waive the $400.00 application fee and include the 600 block of North Orange Street into Area "A" of the Neighborhood Parking Permit Program. FISCAL IMPACT: Loss of$400.00 application fee. PROPERTY PURCHASE 3.14 Purchase of a strip of land varying in width from 0 ft. to 6 ft. located at the Northeast corner of Pepper Street and La Veta Avenue. (A2100.0 AGR-3756) SUMMARY: This is one of the parcels necessary for the West La Veta Avenue Widening Project. Offer was made and accepted by St. Joseph Hospital of Orange, Inc., a California Corporation. ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a strip of land located at the Northeast corner of Pepper Street and La Veta Avenue. Purchase price is $58,273.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $58,273.00 are available in the La Veta Avenue Widening Project-Account No. 286-5011-483300-4039 (Transportation System Improvement Authority-JPA). PAGE 11 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) 3.15 Purchase of a 15 foot wide strip ofland at 2006 W. Chapman Avenue. (A2100.0 AGR-3757) SUMMARY: This is one of the parcels necessary for the West Chapman Avenue Widening Project. Offer was made and accepted by Jeffrey Horner. ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related documents for the purchase of a 15 foot wide strip of land located at 2006 W. Chapman Avenue. Purchase price is $12,275.00 plus any related escrow costs. FISCAL IMPACT: Funds in the amount of $12,275.00 are available in the Chapman Avenue Widening Project-Account No. 550-5011-483300-4038-(Measure M-MPAH). RESOLUTIONS (REMOVED AND HEARD SEPARATELY) 3.16 RESOLUTION NO. 9440 (S4000.SA) A Resolution of the City Council of the City of Orange temporarily closing a section of Canal Street on Saturday - June 2, 2001, for a special event. (YMCA 5K Run) Councilmember Coontz asked if notification had been given to the businesses in the area who will be affected by the street closure. Shawn Ward, YMCA, stated the City is notifYing the residents in the area, with the YMCA paying for that mailer. The Manager of the Mall of Orange is involved in their event, the Church has been notified, and they will check with Villa Ford and the other local businesses prior to the event. The YMCA hopes to make this an annual event, so they will ensure there are no problems. MOTION - Coontz SECOND - Murphy AYES - Slater, Alvarez, Mayor Murphy, Coontz ACTION: Approved. Councilmember Alvarez suggested the City of Orange put a team together for this race and challenge the Cities of Villa Park and Anaheim, with the losers making a significant donation to the YMCA. 3.17 RESOLUTION NO. 9441 (C2500.P.3) A Resolution ofthe City Council ofthe 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, adj acent Santiago Creek. Water We1124 is located at 2930 E. Collins Avenue, next to Fire Station No.2. ACTION: Approved. PAGE 12 CITY COUNCIL MINUTES May 8, 2001 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 9443 (A2100.0 AGR-3373.1) A Resolution of the City Council of the City of Orange authorizing the execution of a First Amendment to Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements (public parking and landscaping) at 345 East Chapman Avenue. ACTION: 1) Adopted Resolution No. 9443; 2) Authorized purchase of ten (10) ornamental street lighting standards from Pacific Lighting Sales Company on a sole source basis in the amount of$60,000. MOTION - Coontz SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz Items 3.5, 3.09, 3.12 and 3.16 were removed and heard separately; all remaining items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR MURPHY - None. 5. REPORTS FROM COUNCILMEMBERS TAPE 3035 5.1 Councilmember Alvarez - Discussion on the formation of a McPherson Neighborhood Committee. (RI200.0) Councilmember Alvarez stated the neighbors in the McPherson School area have approached the Council, asking them to consider forming a committee of that neighborhood. He has met with several of the neighbors and developed an outline of the formation and goals for a committee. He reviewed a proposed mission statement, member representation, scope of interest and issues for this proposed committee. Councilmember Slater stated it is a good idea to have neighborhood committees because it puts residents in touch with the Council. Mark Burkhardt, address on file, asked for support in formally recognlzmg a McPherson Neighborhood Committee; and reviewed some of the issues affecting this neighborhood. Steve Borden, address on file, spoke in support of a McPherson Neighborhood Committee. Bob Bennyhoff, address on file, spoke in opposition to an official committee with Council representation. PAGE 13 CITY COUNCIL MINUTES May 8, 2001 5. REPORTS FROM COUNCILMEMBERS (Continued) COUNCIL COMMENTS: Councilmember Coontz stated there may be a lack of knowledge or understanding on the various opportunities and committees already available through the City. She specifically noted the Cities-School Committee which addresses issues, such as traffic, which affect both the City and the School District and the City Traffic Commission which addresses traffic issues throughout the entire city. She stated it was great that citizens want to speak up for their neighborhood, but they need to ensure they actually do represent the citizenry they say they represent. Mayor Murphy pointed out that the Cities-School Committee, at their next meeting, will be addressing the three main issues which the McPherson area neighbors are concerned about. He supports the concept of a neighborhood committee, but questioned whether it is desirable to have Councilmembers formally participate on such a committee. He reviewed the requirements and responsibilities of a formal committee, such as Brown Act and noticing requirements. He suggested the City Attorney put together a sununary of the legal requirements of a formal committee. Councilmember Alvarez stated there are different types of committees and as part of the process, they need to explore the different types of committees the City can offer, whether they're advisory or appointed or whether they have to meet the Brown Act or not. These are all legitimate questions that are important to get out to the public so they understand that participation in something like this, whether it's as an official city committee or a committee that is maintained on a different level and we know the ground rules going in. That is very important. He would like to have the City Attorney look into the types of committees the City can offer this group and invite the people from the McPherson neighborhood to take a look at the different consequences that would impact whatever committee is decided. As far as Council participation, it was important to the neighbors that there would be Council participation; but how Council participation is defined has to be set forward. That is important. A neighborhood committee is important; and he doesn't want to discourage people from participating in the process. He wants to encourage them and they just have to find the right vehicle. The question in terms of the Brown Act is a good one. We don't want to be disqualifYing Councilmembers on issues that may come before the Council simply because they're participating in a cornmittee. That is important, as well as notification. Mayor Murphy pointed out that Councilmembers file a Statement of Economic Interest each year, and how that may be affected with participation on a formal committee. Councilmember Coontz stated it would be advisable to have a member of the City Manager's staff talk with this neighborhood group on what opportunities are available to residents in order to cornmunicate with the Council and resolve issues before moving ahead with this committee. Mark Burkhardt reiterated the issues affecting this neighborhood and the desire to have better communication with staff and the Council. They want to be acknowledged as a group and asked the City to provide details and specifics. PAGE 14 CITY COUNCIL MINUTES May 8, 2001 5. REPORTS FROM COUNCILMEMBERS (Continued) MOTION - Alvarez SECOND - Murphy AYES - Slater, Alvarez, Mayor Murphy, Coontz Moved to direct the City Attorney to bring back to the Council information on types of committees that could be proposed for the McPherson Neighborhood group, to be agendized under Administrative Reports; agendize this issue for a vote on May 22nd; and receive and file this report. Councilmember Coontz pointed out the need to also include the City Manager in this process. Councilmember Slater commented it was obvious these neighbors are having a problem in their neighborhood and feeling they are not being heard. Forming neighborhood committees is a good idea, and suggested setting up a structure that could be applied city wide that would be consistent and where every neighborhood would have their voice heard. In the meantime, he encouraged the residents to organize themselves and attend Council meetings and not wait for formal action by the Council. 5.2 Councilmember Coontz - Regional issues and their effect on the City of Orange. Councilmember Coontz reported the recent National Census data indicates the City of Orange is the 6th largest city in Orange County. What is interesting to note is that several of the larger cities are built out with limited growth potential, while Orange is not. For this reason, she would like to make sure that the Council becomes active participants in regional activities and issues. She has been tracking and monitoring new legislation that was introduced pertaining to the governance board of the Orange County Transportation Authority (OCTA). She has been watching how this bill is developing, looking for an opportunity for Orange to become part of this important regional board. Orange needs to be a player in regional issues in order to insure the needs of our community are met and protected. So far, a seat on the Board has been difficult to achieve because most seats have been dominated by representatives of the Board of Supervisors and a few of the historically largest cities such as Anaheim. Orange is centrally located in the County and affected by all transportation modes, freeways, major arterials, Metrolink and AmTrak. OCTA continues to review their membership representation for potential changes and Orange needs to monitor this issue. They are working with the State Assembly on this bill, but Orange needs to be heard too. There are other long standing proposals that have been revisited. Most recently, SCAG and OCTA are looking at a version of the Caja1co Corridor, which originally was designed to parallel the Riverside Freeway through the Cleveland National Forest. There are also other alternatives from Riverside County to Orange County that have been proposed, including a route that would deliver traffic through the Modj eska and Silverado area. PAGE 15 CITY COUNCIL MINUTES May 8, 2001 5. REPORTS FROM COUNCILMEMBERS (Continued) Over the years, Orange has been involved in the origin of new transportation systems, like the Eastern Corridor and Jamboree Road. If we are not involved, problems such as Centerline can occur. If she had not personally pursued the OCT A agendas on the Centerline issue, OCT A may have proceeded with votes detrimental to the City of Orange. The problem is that Agendas are normally received too late. Orange is a big city with many issues, not the least of which include transportation; and it is very difficult for individual Councilmembers to keep up with regional needs. She asked staff to take a stronger role in monitoring, representing the city, providing feedback to the Council and helping Council communicate to decision makers in a more timely manner. If something is happening in the State legislature, it is important to get our opinion there in a timely manner. She would like to pursue this with the City Manager. MOTION - Coontz SECOND - Murphy AYES - Slater, Alvarez, Mayor Murphy, Coontz Moved to receive and file. RECESS Council recessed at 6:53 p.m. and reconvened at 7:05 p.m. Councilman Alvarez was absent from the remaining portion of the Council meeting. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS TAPE 4630 7.1 Report from the Public Works Director on traffic safety related issues at the intersection of Prospect St. and Maple Ave. (S4000.S.3) SUMMARY: This is a follow-up report of safety related issues at the Prospect Street and Maple Avenue intersection considered by the City Council on January 23, 2001. The Director of Public Works reported a pedestrian crosswalk has been painted at this intersection, additional signage has been installed and new street lighting is scheduled for installation. These measures have been successful in achieving a higher level of awareness and there have been no additional accidents at this intersection since November 2000. Staff will continue to monitor traffic and pedestrian activity in the area. Roy Shabazian, 3808 E. Palm Avenue, spoke in support of pedestrian safety devices. MOTION - Murphy SECOND - Coontz AYES - Slater, Mayor Murphy, Coontz ABSENT - Alvarez ACTION: Received and Filed. PAGE 16 CITY COUNCIL MINUTES May 8, 2001 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report from the Public Works Director on the status of the updates to the Residential Neighborhood Traffic Management Program (S4000.S.3) SUMMARY: Traffic Engineering staff has been working to update the City's Residential Neighborhood Traffic Management Program in order to provide methods to reduce adverse traffic impacts within residential neighborhoods resulting from increased traffic volume and speeds. The Director of Public Works reported the Residential Neighborhood Traffic Management Program (RNTMP) was established in December 1997 as a way to provide consistent strategies for traffic calming measures in neighborhoods. However, a moratorium was placed on the RNTMP in 1999 after concerns were expressed by the Fire Department about these measures causing delays in response time. Public Works is working with the Fire Department to address these issues and hopes to return to the Council with modifications to the RNTMP within the next few months. An important aspect of the RNTMP is the formation of neighborhood committees to ensure area residents are adequately represented in the process. Roy Shabazian, 3808 E. Palm, spoke in support of traffic calming devices for neighborhoods and encouraged community involvement in traffic issues. MOTION - Slater SECOND - Coontz AYES - Slater, Mayor Murphy, Coontz ABSENT - Alvarez ACTION: Received and Filed. 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 The City Council recessed to a Closed Session (after the 7:00 p.m. Session) at 7:26 p.m. for the following purposes: a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (two potential cases) 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. PAGE 17 CITY COUNCIL MINUTES May 8, 2001 12. PUBLIC COMMENTS Roy Shabazian, 3808 E. Palm, spoke in support of the City's Trip Reduction Program, which encourages the use of carpooling and the use of trains and busses. 13. PUBLIC HEARINGS 13.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM: The public hearing to consider increasing the fees for the City's Transportation Systems improvement Program (TSIP) by 13.69% for all fee categories within TSIP Areas A, B and C based on the same percentage increase in the Price Index for Selected Highway Construction Items for the two year period ending December 31, 2000, prepared by the California Department of Transportation, was continued to this time from April 10, 2001. NOTE: Staff is recommending the public hearing be continued to June 12, 2001 to allow staff additional time to complete the required surveys. MOTION - Slater SECOND - Coontz AYES - Slater, Mayor Murphy, Coontz ABSENT - Alvarez Moved to continue to June 12, 2001. 13.2 VACATING A PORTION OF VISTA RIDGE DRIVE: (S4000.SA) TAPE 5290 Time set for public hearing to consider vacating a portion of Vista Ridge Drive between Vista Crest Road and Vista Summit Way for water utility purposes and to vacate any other underlying utility assessments therein. The Director of Public Works reported this proposed vacation is one of the steps in the potential re-use of the Vista Royale area. This roadway would be included in any future development as a private street, but on a different alignment from the current configuration. Bases upon current conditions, there is no prospective need for this roadway. MAYOR MURPHY OPENED THE PUBLIC HEARING Scott Mirami, M.M. Orange, spoke in support of vacating a portion of this road. MAYOR MURPHY CLOSED THE PUBLIC HEARING PAGE 18 CITY COUNCIL MINUTES May 8, 2001 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 9432 A Resolution of the City Council of the City of Orange vacating a portion of Vista Ridge Drive located between Vista Crest Road and Vista Sununit Way, reserving and excepting an easement for water utility purposes thereunder and vacating any other underlying utility easements. MOTION - Coontz SECOND - Slater AYES - Slater, Mayor Murphy, Coontz ABSENT - Alvarez Moved to adopt Resolution No. 9432. 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT MOTION - Coontz SECOND - Slater AYES - Slater, Mayor Murphy, Coontz ABSENT - Alvarez The City Council recessed from the Closed Session at 8:05 p.m. and adjourned at 8:05 p.m. ATHCART, CMC ERK PAGE 19