10/23/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 13, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 23, 2001
The City Council of the City of Orange, California convened on October 23,2001 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 Reverend Joseph Magliato, Son Light Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees received Employee Recognition Awards:
Victoria Makshanoff - Finance (not present); Marti Hein - Police; Claudio Aguilar -
Community Services; Sean O'Toole - Police; Arthur Lobato - Community Services;
Keith Wagerle - Fire (not present); Kathleen Wilson - Police; Richard Alarcon - Fire
(not present); Philip Lemke - Community Services; William Wagner - Water (not
present); Robert Dotson (not present) - Fire; Thomas Martin - Fire (not present); David
Smith-Fire
Mayor Murphy announced:
. Community celebration on Veteran's Day, November 11, 2001, Depot Park, 2:00
pm
. Orange Police Department's Youth Services Bureau was recognized for receiving
a special Community-Oriented Police Award by the Orange County Human
Relations Cornmission on October 17, 2001.
. Treats through the Streets, October 25, 2001 from 4:00 to 7:00 pm in the Old
Towne Plaza area. Participants are encouraged to bring a can to help scare away
hunger while enjoying a fun and family event.
. Recognition of Lieutenant Jim Hudson who will be leaving the City to become a
Captain with the City of Alhambra Police Department.
PAGE 1
CITY COUNCIL MINUTES
October 23,2001
2. PUBLIC COMMENTS
Sally and Rick Cryder, 307 S. Wrightwood, displayed their Angel Memorial Project which they
are taking to New York to present to the families of firefighters, police officers, crew members
and passengers from the September 11 th tragedy. They presented 2 angels to Mayor Murphy
along with a sample letter and asked Mayor Murphy to send the angels to Mayor Giuliani asking
for their help to get firefighter and police officers miniature badges in order to place on the
angels. They also need to contact American and United Airlines for their miniature badges to
personalize angels for the crew members who died. They have a sympathy card and if anyone
wants to write a note, these cards will go out to all victims families which is about 7,000 cards.
Mrs. Cryder further indicated they want a memorial in the City of Orange before they send the
angels.
Mr. Cryder indicated the County had a pipe band and they would be willing to attend the City's
November 11 th celebration. Mayor Coontz invited Mr. Cryder to the celebration and display the
angel memorial project and solicit volunteers.
Mayor Murphy indicated he would put together a letter to Mayor Giuliani and see if there were
people that would be willing to assist in the project. Anyone that can volunteer on this project is
more a reward for the person involved that can be imagined. It's an extraordinary project.
3. CONSENT CALENDAR
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 October 23, 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 October 4 and 11, 2001.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting of October
2, 2001 and Regular Meeting of October 9, 2001.
PAGE 2
CITY COUNCIL MINUTES
October 23,2001
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Moved to continue the minutes of the Regular Meeting of October 9, 2001
and approve the Adjourned Regular Meeting of October 2,2001.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending September 30, 2001.
ACTION:
Approved.
AGREEMENTS
3.6 An agreement with a private building plan check firm to temporarily continue on-
site plan checks and related public counter services for the Building Division.
(A2100.0 AGR-3375.A)
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 new
agreement will provide for a continued, but temporary, augment of our existing staff with
the use of an on-site plan check consultant.
ACTION: Approved agreement with CSG Consultants to temporarily continue on-site
plan checks and related public counter services for the Building Division not to exceed
$50,000 and authorized the Mayor and City Clerk to execute a new agreement.
FISCAL IMPACT: Funding for this type of contractual service has been requested and
approved with the fiscal year 2001-2002 budget. $50,000 from line item 100-6033-
427800-0000 Other Contractual Services will be used.
3.7 First Amendment to Consultant Services Agreement with Sidawi & Associates for
professional engineering services at Serrano Pump Station and Lower Serrano
Pump Station. (A2100.0 AGR-3544.1)
SUMMARY: This contract amendment is for additional survey services performed by
Sidawi & Associates.
ACTION: Approved the first amendment to Consultant Services Agreement with Sidawi
& Associates and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available for the contract amendment in the
following account: 601-8011-484102-8223 Serrano Pump Station $2,900.00
PAGE 3
CITY COUNCIL MINUTES
October 23, 2001
3. CONSENT CALENDAR (Continued)
3.8 First Amendment to Consultant Services Agreement with Richard Slade &
Associates for professional hydrogeological services at Well No. 26.
(A2100.0 AGR-3651.1)
SUMMARY: This contract amendment is for additional survey services performed by
Richard Slade & Associates for quality control inspection during several phases of Well
No. 26 construction.
ACTION: Approved the first amendment to Consultant Services Agreement with
Richard Slade & Associates and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: Funds are budgeted and available for the contract amendment in the
following account: 601-8011-484101-8118 Water Well No. 26 $2,220.00
3.9 First Amendment to Legal Services Agreement with the law firm of Woodruff,
Spradlin & Smart for tort litigation services. (A2100.0 AGR-2886.V.A.l)
SUMMARY: the City has retained Woodruff, Spradlin & Smart to provide legal services
in connection with matters related to tort liability. The City Attorney is requesting that
the Agreement be amended to increase the not to exceed amount from $100,000 to
$350,000.
ACTION: 1) Appropriated $165,000 from SelfInsurance Fund umeserved fund balance
to account 740-0301-426100 and 2) Approved and authorized the Mayor and City Clerk
to execute the First Amendment to the Agreement with Woodruff, Spradlin & Smart on
behalf of the City for an amount not to exceed $350,000.
FISCAL IMPACT: Funds to be appropriated from umeserved funds to the Legal
Services Account No. 740-0301-426100.
APPROPRIATIONS
3.10 Appropriation from Federal Asset Forfeiture funds to upgrade the budgeted
replacement often Kawasaki motorcycles to ten BMW motorcycles. (C2500.K)
SUMMARY: The Police Department is scheduled to replace ten Kawasaki motorcycles
in FY 2001-02. The Department is proposing to upgrade these replacements to BMW
motorcycles due to increased safety features, reliability and performance. The cost to
purchase ten BMW's is $190,780. There is $98,570 budgeted to cover the cost of
replacing ten Kawasaki's. The additional $92,210 will be budgeted from Federal Asset
Forfeiture funds.
ACTION: 1) Appropriated $92,210 to Account 355-4041-491200 (Federal Asset
Forfeiture - Traffic Services - Transfers) for transfer to Fleet Services Vehicle
Replacement Fund to upgrade the budgeted replacement of ten Kawasaki motorcycles to
BMW motorcycles. 2) Appropriated $92,210 to 720-5023-472102 (Equipment
PAGE 4
CITY COUNCIL MINUTES
October 23,2001
3. CONSENT CALENDAR (Continued)
Replacement - Fleet Services - Motor Vehicle Replacements) for the expenditure. 3)
Authorized the purchase of the BMW motorcycles from A & S BMW Motorcycles under
the California Highway Patrol contract.
FISCAL IMPACT: Umeserved fund balance is available in the Federal Asset Forfeiture
account to fund this appropriation.
BIDS
3.11 Police Department Locker Room Expansion Project. Approval of plans and
specifications, and request for authorization to advertise. (C2500.K)
SUMMARY: Plans and specifications have been completed for the Police Department
Locker Room Expansion project. The project is ready to be advertised. The estimated
construction cost is $75,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Police Locker Room Expansion project.
FISCAL IMPACT: There is $79,509 budgeted in account 725-4011-481200-2313 (CIP
Improvements-Police Department Locker Room Expansion) for this project.
3.12 Arterial Highway Rehabilitation Program - Orange-Olive Road Pavement
Rehabilitation from Glassell Street to Meats Avenue (SP-3330); Approval of Plans
and Specifications and Advertising for Bids. (S4000.S.7)
SUMMARY: Plans and Specifications have been completed for the Orange-Olive Road
rehabilitation project from Glassell Street to Meats Avenue. The project is ready to be
advertised. The estimated construction cost is $405,800.
ACTION: 1) Approved plans and specifications and authorized advertising for the
Orange-Olive Road Rehabilitation Project from Glassell Street to Meats Avenue. 2)
Appropriated $113,892 to account number 550-5011-483300-3205.
FISCAL IMPACT: Funds are available in the Fiscal Year 01-02 Capital Improvement
Program in the following accounts:
550-5011-483300-3205
500-5011-483300-3205
934-9821-483300-3205
Total Funds
$113,892
$116,454
$156,648
$386,994
Arterial Highway Rehabilitation Program
City Funds
Northwest Project Area Tax Exempt
(REMOVED AND HEARD SEPARATELY)
3.13 A proposal to approve plans and specifications and authorize advertising for bids
for the annual Concrete Replacement Contract at various locations for the fiscal
year 2001-02. (S4000.S.3.2)
PAGE 5
CITY COUNCIL MINUTES
October 23,2001
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the curb and gutter and
sidewalk replacement project at various locations. The project is ready to be advertised
for bids. The estimated construction cost is $190,000.
Councilmember Slater asked if a gutter would be installed at the comer of Magnolia and
Maple Street as part of this project and when will it take place. Also, how are the older
curbs in the downtown area that are crumbling going to be identified for repair.
The Director of Public Works reported the cross gutter at Magnolia and Maple is part of
this project and will be underway within 60 days. The downtown area curbs are repaired
on an as needed basis based on drainage issues and the number of locations that have
deteriorated.
Councilmember Slater asked if there were additional funds in the contract so that if a
curb was identified for repair a request could be made. The Director of Public Works
reported the contract could be expanded through a change order process. At this point
this is the funding budgeted and is for specific locations, but there is some flexibility to
add additional locations.
Councilmember Coontz indicated the criteria is based first on drainage and then on public
calls. The Director of Public Works indicated the primary criteria is safety and
secondarily drainage and responding to other calls as funds are available.
Councilmember Coontz indicated on Shaffer Street north of the Library the curbs are
deep and some have deteriorated. The Director of Public Works indicated they try to
track the calls from the public.
MOTION - Slater
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved plans and specifications and authorized advertising for bids for the
2001-02 Concrete Replacement Program.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account: 262-5021-427100 (Measure M) $190,000
(REMOVED AND HEARD SEPARATELY)
3.14 Re-advertise for bids on the Mechanical lift at the Edward's House and ADA
Handrails at the Police Headquarters. (C2500.M.5)
SUMMARY: The Edward's House currently utilizes a wooden ramp for rolling book
carts and other items from the ground to the raised first-floor entrance. This project will
replace the ramp with an electric-powered mechanical lift. The Police Headquarters
ADA access ramp does not have handrails. This project will install approved handrails.
The original bids received exceeded the budget for the project.
PAGE 6
CITY COUNCIL MINUTES
October 23, 2001
3. CONSENT CALENDAR (Continued)
Councilmember Cavecche asked if the mechanical lift would be more expensive than the
existing ramp? The Director of Public Works reported the ramp has deteriorated and is
steeper than is allowed under ADA requirements. The lift has been used successfully at
the Ainsworth House for ADA access and it was felt this was a good solution making it
easier to move the book carts in and out of the Edwards House. It will also provide better
handicapped access than the ramp and probably be cheaper.
Councilmember Coontz asked about the location of the ramp. The Director of Public
Works commented the wood ramp would be removed and replaced by the lift and used
by the Library. It will also have public access for handicap purposes with direct access to
the parking lot.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Authorized re-bidding this project.
FISCAL IMP ACT: There are Community Development Block Grant Funds allocated for
this project in the following account:
310-9645-485100-1329 (ADA Retrofit - City Buildings) $23,924
3.15 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Michael Bollerud
b. Estate of James Anthony Hall
c. Magni Management/V al Verde Estates MHP
d. Leo Paulsen, Jr.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award of Professional Services Contract - Surveying and preparation of base plans
for water main replacements. (A2100.0 AGR-3879)
SUMMARY: The contract authorizes the Consultant to provide field surveying, research
underground utilities, and prepare base plans.
ACTION: Awarded the contract in the amount of $39,121.00 to Joseph C. Truxaw &
Associates, 265 S. Anita Drive, Suite Ill, Orange, CA 92868, and authorized the Mayor
and the City Clerk to execute on behalf of the City.
PAGE 7
CITY COUNCIL MINUTES
October 23,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted and available in the following account:
600-8011-426200 Engineering Services $39,121.00
3.17 Award of Contracts - Bid No. 012-13; Project No. SP-3327-1, Plaza Grinding and
Overlay. (A2100.0 AGR-3880)
SUMMARY: Construction will include pavement grinding of the roadway to a depth of
2Y:z inches below the present finish surface; placement of 1 inch leveling course with
pavement reinforcing fabric, 2 inch thick asphalt concrete overlay; and traffic striping.
ACTION: Awarded a Contract in the amount of $65,598.71 to Premier Contractors,
1401 N. Batavia, #204, Orange, CA 92502 for The Plaza Grinding and Overlay project.
NOTE: Mayor pro tem Alvarez abstained on this item due to property interests.
FISCAL IMPACT: Funds are budgeted and are available in the Capital Improvement
Program in the following account:
500-7021-485100-9875 Capital Projects $65,598.71
3.18 Final Contract Change Order; Bid No. 001-32; Walnut Avenue Storm Drain
Improvements D-135 and Walnut Avenue Sewer Improvements S-195.
(A2100.0 AGR-3764)
SUMMARY: This Final Contract Change Order authorizes payment for the extra work
at agreed prices. The total contract cost for this project is $864,698.16.
ACTION: Approved a Final Contract Change Order in the amount of $23,587.76 to
Pipeline Equipment Rental, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following accounts:
Community Development Block Grant (CDBG)
Walnut Avenue Storm Drain Improvements
310-9645-483400-5386-16132
Walnut Avenue Sewer Improvements
310-9645-483200-5550-16133
$14,206.38
$ 9,381.38
Total: $23,587.76
GRANTS
3.19 A grant from Southern California Edison (SCE) to use LEDs for traffic signal
indicators. (S4000.S.3.3)
SUMMARY: Southern California Edison (SCE) is providing a light emitting diode
installation (LED) grant to the City of Orange in the amount of approximately $22,000 to
convert more ofthe City's traffic signal lamps to LEDs to reduce electricity usage.
PAGE 8
CITY COUNCIL MINUTES
October 23, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Authorized staff to apply for LED Traffic Signal Rebate grant from SCE
in the amount of $22,000.00; 2) Authorized expenditure of approximately $60,000 for
the purchase of the additional LED units and appropriate equipment.
FISCAL IMPACT: Funds for this project are available in Account No. 272-5032-
483100-6464 (LED Replacement Rebate Program). This account will be reimbursed
$22,000 upon receipt of payment from SCE.
RESOLUTIONS
3.20 RESOLUTION NO. 9528 (A2100.0 AGR-3729)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-25; Construction of Water Well
No. 26.
ACTION: Approved.
3.21 RESOLUTION NO. 9530 (C2500.M.16.1 LLN-2001-13)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2001-13 adjusting lot lines of certain real property situated at 384 and 394 North
Rancho Santiago Boulevard in the City of Orange, County of Orange, State of California.
Owners: The Torres Family Trust Dated December 15, 1987
ACTION: Approved.
3.22 RESOLUTION NO. 9531 (A2100.0 AGR-3764)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 001-32; Walnut Avenue Storm Drain
Improvements D-135 and Walnut Avenue Sewer Improvements S-195.
ACTION: Approved.
TRAFFIC
3.23 Progress report on speed humps for the Residential Neighborhood Traffic
Management Program. (S4000.S.6)
SUMMARY: This report provides the City Council with a brief update on the use of
speed humps as a traffic calming tool for the Residential Neighborhood Traffic
Management Program.
ACTION: Received and Filed report.
PAGE 9
------.-- -T- --.
CITY COUNCIL MINUTES
October 23,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding for the installation of test speed humps at the City's
Corporation Yard is provided in the department's operating budget utilizing Gas Tax
Exchange Funds in the Contractual Services Account No. 273-5032-427100.
URGENT ITEM - RESOLUTION NO. 9538
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to add Resolution No. 9538 to the Consent Calendar as an urgency item.
RESOLUTION NO. 9538
A Resolution of the City Council of the City of Orange temporarily closing Atchison
Street between Chapman Avenue and Maple Avenue on Sunday - November 11, 2001
for a Special Event.
ACTION: Approve.
MOTION - Alvarez
SECOND - Slater
A YES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.13 and 3.14 were removed and heard separately; Resolution No. 9538 was added
to the Consent Calendar as an urgent item; Mayor pro tem Alvarez abstained from Item
3.17; and 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
5.1 Mayor pro tem Alvarez - Discussion of Commissioner Richard Yarger of the City
Traffic Commission.
Mayor pro tem Alvarez remarked the City Attorney advised him that if Councilmembers were
going to ask people serving on commissions or committees to step down there was a procedure.
The City Attorney recommended the proper way is to place this item on the Agenda under
Councilmember Reports for discussion with a follow up action to re-agendize it as an action item
for the following Council meeting.
PAGE 10
CITY COUNCIL MINUTES
October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy announced all Councilmembers had received a letter from Mr. Yarger who was
on vacation and requested this item be continued so he could participate. Mayor Murphy
indicated this should be considered first.
Mayor pro tem Alvarez commented because it was a two step process, agendizing the first step at
this meeting and the second step at the first Council meeting in November, this would allow Mr.
Yarger an opportunity to address the Council at that time.
The City Attorney clarified the current procedure. According to the ordinance, when Council
has an item that comes under Reports from Councilmembers, the policy is that no action is to be
taken. At that time, it can be determined if the Council is interested in taking action, and if so,
ask for direction to place the matter under Boards, Committees and Commissions at the next
Council meeting for action.
Mayor pro tem Alvarez stated he had contacted Mr. Yarger and expressed his desire to have him
step down as a Traffic Commissioner. Mayor pro tem Alvarez wanted to keep his reasons
private because it was a private conversation, but he did assure Mr. Yarger, in discussions with
other members of the Council, that Council appreciated his long term in office and that he had
put in a lot of community time. Mayor pro tem Alvarez indicated when he was elected to the
Council, one of his duties was to make changes he thought would benefit the City. There have
been many personnel changes, either through the Councilor City Manager, which have elevated
the City to a new level and this was seen as following that trend. Mr. Yarger was invited to
contact other Councilmembers and the City Attorney.
Mayor Murphy recognized the following speakers who spoke in favor of Mr. Yarger remaining
on the City Traffic Commission:
Joe Fortier, 5930 San Juan Dr.
Frank Sciarra, 226 S. Craig Dr.
Bernie Dennis, 2104 Villa Vista
Council Discussion:
Councilmember Slater commented Council had held discussions on term limits for committee
members. There are great people serving on these committees. But the voters have said there
should be term limits for the Council, and with so many people in the City that want to serve on
these committees, they do not have the opportunity because of no movement on the committees.
Councilmember Slater indicated he has the utmost respect for Mr. Yarger and will be contacting
him before the next Council meeting. He will support moving this item to the next Council
meeting and suggested Councilmembers submit to the Mayor suggestions for committee
members who they feel may be time to change, with their length of service; and get a consensus
of the Council, and move forward with an overall change ifit is the will of the Council.
PAGE 11
CITY COUNCIL MINUTES
October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz cornmented a few years ago the Council decided the best way to handle
any changes on the committees would be on a two year basis. The Mayoral term is two years
which is the same term for most of the committees, but not the committees with ordinances that
set terms. This was the time to review individuals whose terms were up. Concern was expressed
that a message is being given to the community that these valuable people who give their time
are all of a sudden off a Committee. This procedure has been developed by many Mayors and
Councilrnembers over a long time. Council needs to do this with class. It was suggested the
City Attorney and City Clerk provide the past procedures and decisions for the appointment of
members to all the City's Boards, Committees and Commissions, including the foundations.
There needs to a balance with term limits which were more applicable to elected officials. The
members of the committees are doing the job for the love of their contribution.
Mayor pro tem Alvarez agreed there is no easy way to do this, but he did extend the courtesy of a
phone call to Mr. Yarger.
Councilmember Cavecche commented there are so many people that want to serve that term
limits should be discussed. It was hoped this item could have been done a better way. The
policy to wait two more weeks is preferable because she has not discussed this with Mr. Yarger.
Mayor Murphy commented Council does have term limits, but they were not retroactive, they
began in 1996. If there was to be a policy for the boards, committees and commissions, it should
be handled the same way, with an effective date that everyone is aware of. Everyone should
have an opportunity to serve on a committee if they want, but he does not agree that procedures
should be changed just for the sake of change. Mayor Murphy stated he would have liked to
have had Mr. Yarger's wishes for a continuance respected and not held the discussion today, but
in two weeks. Mayor Murphy suggested this discussion item be continued to another meeting in
order for Mr. Yarger to be able to participate. Mayor Murphy indicated he would not support
going to the next Council meeting for the final action.
Councilmember Slater commented for the record, he will make the second but is not stating
today whether or not he will ultimately agree with this decision. He would like to talk to Mr.
Yarger again.
Councilmember Cavecche commented for the record she will support the motion because it will
be discussed again at the November 13th Council meeting and that the final action is not being
taken at this meeting but in two weeks.
Councilmember Coontz requested research on what has happened III the past and the
reappointment process.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Coontz, Cavecche
NOES - Mayor Murphy
PAGE 12
CITY COUNCIL MINUTES
October 23, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to place this item on the November 13, 2001 agenda under the Boards, Committees and
Commissions to consider the removal of Richard Yarger from the Traffic Commission.
5.2 Councilmember Slater - Discuss policy of taking no action under Mayor and
Councilmember Reports
Councilmember Slater commented on the City Attorney's memorandum regarding Agenda
policies indicating it was good to receive a clear picture. It provided a good opportunity for the
entire Council to review the procedure of how to agendize items for Council meetings. It is
understood that the Mayor and Councilmember reports are for discussion only. Any other item
that deserves the City's attention should be discussed with the City Manager who will place it on
the agenda. For other items, the Mayor is to be notified and these can be listed under
Councilmember Reports.
Councilmember Coontz commented she had attempted that for the last few years and had wanted
the Council to discuss these procedures and issues and felt this was a good procedure. In 1992,
the City Manager indicated, through a resolution, that the Council needed to communicate with
him due to problems. The City Manager is hired to run the City, and the Council are the policy
makers.
5.3 Councilmember Coontz - Veterans Day, November 11, 2001 - update on "Day of
Remembrance - United we Stand" community celebration at Depot Park at 2:00 p.m.
Councilmember Coontz remarked the tragic events that occurred on September 11 th of this year
will never be forgotten. Rather than divide us, the acts of terrorism have strengthened our bond
as a Nation. Since September 11 th, a number of individuals have asked what the City is planning
to do to honor the heroes and victims of this national tragedy and also our service personnel
across the nation and the world.
In response to the community and with the entire Council's approval, she has been working with
staff to plan a special "Day of Remembrance event at the Veterans Memorial at Depot Park. As
chair of the Veterans Memorial Committee last year, it was overwhelming with the support
shown by the entire community at the memorial dedication. There were over 800 people
attending a wonderful community celebration.
The City is continuing to plan an event larger event this year as we come together and stand tall
as American. We will honor our veterans, our heroes and those in uniform across the nation and
the world on Sunday, November 11,2001 at 2:00 p.m. at Depot Park at Atchison and Chapman.
The program will include patriotic music by the Orange Community Choir and Band, an
inspirational message delivered by Lt. Col. Joe Ruthenberg, USMC, Retired; a patriotic art show
by the Orange Art Association, a wonderful display depicting the history of our flag and all fifty
State flags.
PAGE 13
CITY COUNCIL MINUTES
October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
In attendance will be a number of community groups. To date, that includes local scouts in
uniform, the Orange High School Marine Junior OTCs and our local veterans. Free refreshments
will be provided by Cask and Cleaver Restaurant. Downtown merchants will be giving away
American flag decals and the American Legion will be hosting a breakfast that morning.
This will be a grand event and Councilmember Coontz urged everyone to make plans to join in
on this day of remembrance and display of our love of country. In order to inform the
community, churches and service groups, the City is sending out fliers and the Mayor is also
sending out invitations along with press releases. Information can be obtained by calling Irma
Hernandez at City Hall at 744-2205.
Arthur Paris, 71 Plaza Square, Orange Masonic Lodge, expressed his gratitude to Council for the
Memorial Service of all Military personnel.
5.4 Councilmember Coontz - To discuss modification of Planning Commission
procedures so they mirror City Council procedures.
Councilmember Coontz reported as a long time former member of the Planning Commission, she
knows that the Commission is the busiest and most broadly based of all the official volunteer
groups within the City family. The Planning Commission interfaces most closely with the City
Council on land use, which often represents issues of community concern and controversy for
both the Commission and the Council.
The Planning Commission works very hard to be fair and consistent when applicants come
before them. Commissioners are involved in a great deal of homework, visits to sites,
preparatory study sessions and seminars.
It has come to her attention that there are some inconsistencies that have evolved over a period of
time with staff procedures that may have been changed without Council knowledge and do not
mirror the procedures of the City Council. Some of them are: 1) procedures as to how staff
writes their reports and recommendations and 2) procedures for resolutions, which legally
describe the actions ofthe commission.
In addition, in talking with the Planning Commission Chairman to get a better idea of the
problem, she has expressed concern about the attendance requirements of Commissioners. It has
been difficult enough operating without a full commission of five, further exacerbated by
irregular attendance, which often has placed the Commission at only three members. This does
not give the City Council a very accurate picture of decision-making at the Planning Commission
level and also brings up some legal issues according to the City Attorney affecting their voting
procedure, which needs to be addressed.
She suggested that the City Council direct the City Manager to provide the City Council a
recommended list of procedures for review by the Council. These procedures could then be
discussed and adopted at a future meeting for a standardized set of procedures for both the
PAGE 14
CITY COUNCIL MINUTES
October 23, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Commission and the Council. Of course, discussion with both the Planning Commission and
Planning staff beforehand would be appreciated.
Councilmember Coontz commented staff is to work for the commission.
Mayor Murphy observed that when he was on the Planning Commission, the Planning
Commission processed hearings, actions, signatures, etc the same way the Council did. If there
have been changes, Mayor Murphy would be interested in seeing those changes; and agreed that
Council and Commission procedures should parallel each other.
The City Manager indicated he will discuss what procedures the staff has been using and what
has been done in the past and report back to Council.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
8.1 Consideration of agreement for Brownfields Economic Redevelopment Initiative
Grant. (A2100.0 AGR-3881)
SUMMARY: The City has been awarded federal grant funding under the Brownfields
Economic Redevelopment Initiative for the environmental assessment studies of the former
Union Pacific Railroad Property and Cerro Villa Park. Both of these properties are former
landfills for which the City will need to perform environmental and remediation assessments.
The federal grant is in the amount not to exceed $200,000.
The Cornmunity Services Manager presented the report.
Mayor pro tern Alvarez asked what this money would do for Cerro Villa Park? The Community
Services Manager reported a consultant would be hired to do an investigation of the site as a
landfill, its content and subsequently move into the analysis preparing recommendations to
remediate the site if needed.
Councilmember Slater commented he knows the President of the Homeowners Association has
suggested a proposal on some landscaping at the entrance during the interim of getting the park
finished and asked if staff had pursued contacting the homeowners association. The Community
Services Manager recalled they received a letter a few months ago outlining a request for
$17,000 for proposed improvements to the entryway of the park site. Staff has not responded in
writing, but have made contact. At this time, because of the expense, staff has not pursued
spending any money for any improvements on that site. The second part of the letter called for
fuel modification and weed abatement and the City has agreed to make those improvements. In
terms of the permanent improvements at the entrance, there are no funds budgeted at this time.
PAGE 15
,-
CITY COUNCIL MINUTES
October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Ratified the City Manager's execution of the cooperative agreement between the City
of Orange and U. S. Environmental Protection Agency for the Brownfields Economic
Redevelopment Initiative Grant in an amount not to exceed $200,000.
8.2 Report on Santiago Creek, Sand and Gravel zoned properties, and reclassification
of adjacent properties discussed at the City CounciVPlanning Commission joint Study
Session of October 2, 2001.
The City Manager completed a written report which was given to Council after the Agenda was
posted. It was reported the first option Council could consider is to initiate a comprehensive
planning study of all sand and gravel zoned properties in that area. The Planning staff originally
guesstimated at the Study Session the study could cost approximately $30,000 to $40,000 with a
six to nine month time period for completion. A follow up with consultants indicated a realistic
starting point would be $75,000 for a policy level document which generally covers major issues
but would not be an implementation document. A more comprehensive study including the
environmental study with public meetings will cost approximately $300,000 with a completion
time of eighteen months.
Regarding the completion of a comprehensive study of the creek, a study of the entire creek
should be undertaken and expand the area outside of the relatively localized area of present
concern and discussion would include the area from Hart Park to Santiago Oaks Park. This
study, if started today, is a separate study and estimated to cost approximately $200,000. A
similar study for a creek study in Santa Rosa in 1992 took approximately 24 months to complete
with a cost of approximately $150,000 with much of the preliminary work done by staff.
Currently a major creek planning program is already underway by staff in partnership with the
National Park Service through the Trails and Conservation Assistance Program. Based on the
work completed to date, and the public meetings already held, as well as future meetings, staffis
advising the City Manager, this creek study should be completed in approximately twelve
months. Staff advises that hiring a consultant at this time would provide no appreciable
advantage to the City in moving this forward. This will be discussed with staff in more detail.
The City Manager cornmented it is his intent to meet with key staff members from all the
involved departments on the number of issues over the next two weeks in order to attempt a
more global review of the entire Santiago Creek Plan in conjunction with the other trails studies
as the City looks at current and future developments. The City Manager will evaluate the current
status of the current planning efforts and propose a strategy for coordination of all these trail
studies and adjacent land uses over the next few weeks.
PAGE 16
CITY COUNCIL MINUTES
October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager indicated he would not recommend staff try to do a comprehensive planning
study at this time. If the issue is to look at the major sand and gravel areas, there is no way staff
could get up to speed with a consultant any quicker than the proposed time frame of the
Fieldstone project moving ahead. It was suggested staff work with that project when it comes
forward through the Planning Commission and study any environmental issues and if consultant
help is needed it be done at that time. The remaining sand and gravel areas are small amounts of
land and it does not appear at this time to be cost effective to try to do a separate study.
There were Council directives from the October 9th Council meeting - a request for a history of
the 7.6 acres south of Santiago Canyon Road including related zoning issues, establish contact
with the property owner, bring back to Council a range of potential zoning classifications
Council could consider and try to obtain a copy of the OP A Fieldstone Agreement with an
analysis of that agreement. The City Manager indicated he is working on those issues and had
discussions with the City Attorney on how to properly contact the property owner as to not create
any liability. Correspondence has been received from Hanson Properties which Council also has
received. Information is being compiled on the zoning and history of the site which will be
presented to Council at a subsequent meeting.
The City Manager indicated he will provide Council with a status report in two weeks which will
cover his discussions with staff and information staff can obtain from consultants already in
place. The Manager will do an assessment relating to consultant contracts that cover the trail
studies and coordinate a master strategy to move this ahead so Council can have confidence all
the important issues are covered.
Councilmember Slater cornmented he is interested in what the scope of the creek study
encompasses, is it the creek and ten or twenty feet on either side or is it enough to accommodate
the trails. He is interested in all the properties adjacent to the creek from Hart Park to Santiago
Oaks Park because there are properties around Cambridge Street, some in the City, some in the
County, and asked what the vision is for the extension of Hart Park. Continuing north of
Chapman, there is the Nieupointe property. It unclear where that is at this time, but it is also
adjacent to the creek and asked what the vision is for that property. He suggested expanding the
scope of the Creek Study to find out if these adjoining parcels would be anything we could
incorporate into the creek plan, so that we have a visionary plan. As other developments come
along - what do we want for the creek? If Council concurs, he would like to see an expansion of
the Creek Study to get more definition on what it will cover.
The City Manager indicated he will bring that information back to Council - development
standards for construction, widths, location of alignments, and what it will take to accomplish
that in the area of land which needs to be incorporated into anything the City would want to build
at Grijalva or any other development in the future.
Mayor pro tern Alvarez asked that Councilmembers be briefed during this process. The City
Manager indicated he will make sure Council is kept informed as well as the public.
PAGE 17
CITY COUNCIL MINUTES
October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Coontz referred to the Master Plan of Recreational Trails and indicated there
had already been a couple of meetings for the public. She attended the first one which was
excellent. One of the issues discussed was consideration for more than just a short distance of
the creek for horses. The project coming before Council has a horse trail that does not go
anywhere, so that should be part of the City Manager's analysis; and also suggested that the
consultant and staff are included in discussions so we do not lose track of the fact that the horse
trails are part of the recreational trail system.
Councilmember Cavecche asked what part of the creek will the study encompass, and relative to
the Fieldstone project and the EIR, perhaps one of the consultants might be willing to give
Council a briefing on the technical aspects of what will be happening to the creek.
Speaker:
Phil Bettencourt, 110 Newport Center Dr., Newport Beach, representing Fieldstone
Communities, indicated they are neither for or against the study being discussed except for the
properties that are already the subject of a comprehensive environmental document as they
believe Council needs to take a zoning action or consider land use alternatives.
Mayor Murphy indicated the Council is receiving and filing the City Manager's report.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 15-01 (SECOND READING) (A2500.0 Parcel Maps)
An Ordinance of the City Council of the City of Orange amending Chapter 16.08 of the Orange
Municipal Code to add certain form and content requirements for final parcel and tract maps.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 15-01 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 16-01 (SECOND READING) (A2500.0 Claims)
An Ordinance of the City Council of the City of Orange Amending Chapter 3.16 of the Orange
Municipal Code relating to filing claims against the City.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE 18
CITY COUNCIL MINUTES
October 23,2001
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 16-01 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 17-01 (FIRST READING) (A2500.0 Purchasing)
An Ordinance of the City Council of the City of Orange Amending Chapter 3.08 of the
Orange Municipal Code Relating to the City's Purchasing System.
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-01 be read by title only and same was set for second reading by
the preceding vote.
10. NOTICED HEARINGS
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 2345 W. CHAPMAN
AVENUE: (A2100.0 AGR-3878)
Time set for a noticed hearing on resolution of necessity to acquire a lOft. wide strip of land for
the West Chapman Avenue Widening Project.
2345 W. Chapman Avenue
Property Owner:
Assessor Parcel Number 39-371-22
TOSCO Corporation
The Director of Public Works reported there is also a temporary construction easement that
would be acquired as part of this action. There is a need to widen the roadway to six lanes and
this parcel is an essential part of the property needed to accomplish that goal. The project has
been designed to minimize the amount of right-of-way necessary consistent with achieving a six
lane facility. The property to be acquired is nominal in size and does not create any significant
private injury. An offer has been made to the owner of record of the property pursuant to
Government Code Section 7267.2. That offer was extended in April and a settlement has not
been reached. The offer of $53,060 includes paying the property owner to relocate the sign. The
original offer was $3500 less and did not include payment for relocation of the sign. Staff
recommends Council make the appropriate findings and authorize the initiation of an eminent
domain proceeding.
There were no speakers.
PAGE 19
..-,-------
CITY COUNCIL MINUTES
October 23,2001
10. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9526
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 2345 West Chapman Avenue and
authorizing the acquisition thereof.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approved Resolution No. 9526.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
Note: The City Council did not recess to a Closed Session.
a. 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.
13. ADJOURNMENT
MOTION - Mayor Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 6:35 p.m.
(jMAA~(1r~~~~~
CASSANDRA J. CA CART, CMC
CITY CLERK
1k2ti~
MAYOR
PAGE 20