11/13/2001 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 27,2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 13, 2001
The City Council of the City of Orange, California convened on November 13, 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
I.l INVOCATION
Given by Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Cavecche
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Certificates were presented to the Orange Police Department's Youth Services Bureau
recognizing their receipt of the Orange County Human Relations Commission 2000-2001
Community-Oriented Policing Service Award. John Nixon of the Orange County Human
Relations Commission presented the Youth Services Bureau with a check for $500.00,
which was accepted by Officer Pat Thayer.
Mothers Against Drunk Drivers "Deuce Awards" were presented by Vickie Macihas of
MADD to the following Police Officers: Miguel Cuenca, Mike Starnes, Armando
Plascencia (not present) and Ray Winick.
Certificate was presented to Barbara Magaddino, Personnel Department/Risk
Management, City's Blood Drive Coordinator for the American Red Cross, commending
her on the successful coordination of the blood drive held at City Hall on October 4,
2001.
Certificate was presented to Tara Finnigan, Business and Public Affairs Manager,
commending her for receiving the "Public Employee of the Year - City 2001" Award at
the California Film Commissions On Location Awards Banquet October 21,2001.
Certificates were presented to Shannon Tucker and Dr. Laura Mosqueda commending
them for receiving the Clara Barton Spectrum Awards for their commitments to the
community for environment and healthcare. Lauren Becker, UCI, accepted the award on
behalf of Dr. Mosqueda.
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CITY COUNCIL MINUTES
November 13, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Certificate was presented to Vikki Murphy commending her for receiving the Good Scout
Award from the Boy Scouts of America and the 2001 Outstanding Businesswoman
Award from American Business Women's Association.
Mayor pro tern Alvarez announced Picture Day at the Orange Fire Department
Headquarters, Sunday, November 18, 2001, from 10:00 to 5:00. Families and children
can have pictures taken in the Fire Station for a $15.00 donation as a fundraiser for
disaster victims of New York.
Mayor Murphy showed a sample of the banners that are being installed along Tustin
Street, which will identify key commercial areas and help to beautify the streetscapes.
2.
PUBLIC COMMENTS
TAPE 940
Shirley Grindle, address on file, spoke on the problem of advertising banners at two
storage facilities in Orange. Banners are allowed only for special promotional events,
and these two banners were not displayed for this purpose. She pointed out that banners
are currently allowed for 150 days and asked that this time frame be reduced to 45 days,
that evidence be required of the special event, and asked Council to consider not allowing
them where they are visible from freeways.
Barbara Marr, 10521 Clausen Street, Garden Grove, representing the Orange County
Ostomy Association, requested assistance in locating a meeting room for their
organization as they are currently meeting at the Senior Citizens Center and the room fees
are being raised. Mayor Murphy asked her to leave her name so that a staff member
could contact her.
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 November 13, 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.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
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 18, 25 and
November 2, 2001.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of October 9, 2001
(continued from 10/23/01) and Regular Meeting of October 23, 2001.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Award a consultant services agreement for the development of a citywide traffic
analysis model. (A2100.0 AGR-3884)
SUMMARY: This agreement authorizes the consultant to develop a traffic analysis
model for the City of Orange.
ACTION: Awarded a professional services contract in the amount of$149,967.00 for the
development of a citywide traffic analysis model to Parsons, Brinckerhoff, Quade &
Douglas, Inc. of Orange, CA.
FISCAL IMPACT: Funds for this project have been budgeted and are available utilizing
General Transportation Planning funds in the Professional & Consulting Services
Account No.1 00-5031-426700.
3.6 Amendment No.1 to four (4) Agreements (Contracts) between the City of Orange
and the Orange County Sanitation District (OCSD) Cooperative Projects Program.
(A2100.0 AGR 3673.1, 3674.1, 3675.1, 3676.1)
SUMMARY: The amendment extends the term of the original contracts for an additional
six (6) months in order to allow the City to satisfY all terms and conditions ofthe original
contract.
ACTION: Approved Amendment No.1 to the contracts between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendments on behalf of the City.
FISCAL IMP ACT: No fiscal impact. Funds have been previously appropriated for the
projects.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
3.7 Sewer Service Agreement - Request by Michael L. Hughes & Donna J. Hughes to
connect their property to City of Orange sewer. (A2100.0 AGR -3885)
SUMMARY: Michael L. Hughes & Donna 1. Hughes, owners of residential real
property located at 20361 Amapola Avenue in an unincorporated area of the County of
Orange, have requested to connect their house sewer lateral to the City sewer main in
Amapola Avenue. They have executed a Sewer Service Agreement with the City of
Orange and are requesting City Council approval.
ACTION: Approved the connection request from Michael L. Hughes & Donna J.
Hughes and authorized the Mayor and the City Clerk to execute this Sewer Service
Agreement on behalf of the City.
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.8 Storm Drain Construction Agreement with the City of Anaheim: Request by
SunCal Developers to construct a portion of the Serrano Heights Development
storm drain system in the City of Anaheim. (A2100.0 AGR 3886)
SUMMARY: SunCal Developers, owners of the Serrano Heights residential
development, have requested that that the City of Orange enter into an agreement with
the City of Anaheim to allow a portion of Serrano Heights storm drain system to be
constructed in Anaheim.
ACTION: Approved the Storm Drain Agreement between the City of Orange and the
City of Anaheim and authorized the Mayor and the City Clerk to execute on behalf of the
City.
FISCAL IMP ACT: None.
(REMOVED AND HEARD SEPARATELY) TAPE 1190
3.9 Amendment to the Information Services Partnering Agreement with Affiliated
Computer Services (ACS) to increase the level of information technology support
and extend the term of the Agreement. (A2100.0 AGR-0978.B.11)
SUMMARY: The City contracts with ACS for network administration and information
technology support with the specific services identified in a performance-based
agreement. The existing contract was executed in August 1997. Due to the changes in
the City's technology infrastructure that have occurred since 1997, a number ofrevisions
to the agreement are being proposed that will reflect the current level of service being
provided by ACS.
Discussion
Mayor pro tern Alvarez asked why the term of the agreement was being extended at this
time; and if the contract will be able to keep up with changing technology.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
Rick Otto, Project Manager, explained the current agreement is due to expire in 2003 and
this amendment will add one extra year to 2004. There are upcoming long term projects,
and they did not want to have to review or change the contract midway through a project.
He also stated that staff is confident ACS will be able to keep up with new technology.
Councilmember Coontz asked about the problems with cable television - Channel 3 when
the reader board gets stuck. This is an important informational access for the public.
This has been a problem for years and asked if ACS will be able to take care of this.
The City Manager explained ACS has changed the software and hardware for this cable
channel and have made definite improvements. This is a 24-hour 7-day a week channel
and staff will continue to work with ACS to find a solution to this problem.
MOTION - Alvarez
SECOND - Coontz
AYES Slater, Alvarez, Coontz, Cavecche
ABSTAIN - Mayor Murphy
ACTION: Approved the amendment to the Information Services Partnering Agreement
with Affiliated Computer Services (ACS) and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted in the FY 2001-02 MIS budget for the
increased level of service in account 780-1601-426700 (MIS - Contractual Services).
3.10 Capital Improvement Project No. 3228, Chapman Avenue and Tustin Street
Intersection Widening Project. Approval of Consultant Services Agreement for
preparation of Environmental Documentation in compliance with the California
Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) requirements. (A2100.0 AGR-3887)
SUMMARY: This contract authorizes the consultant to prepare an environmental
document and process the document through the appropriate state and federal agencies, in
compliance with the CEQA and NEP A requirements.
ACTION: Authorized the appropriation of $165,865.00 from Fund 284 to Account No.
284-5011-483300-3228; awarded a contract in the amount of $165,865.00 to P&D
Environmental, A Division of P&D Consultants, to provide environmental consulting
services to the City; and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMP ACT: Funds are budgeted or are available in the following accounts:
$165,865.00 284-5011-483300-3228 TSIP-B
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CITY COUNCIL MINUTES
November 13,2001
3. CONSENT CALENDAR (Continued)
3.11 Approval of First Amendment to Financial Assistance Agreement, No. D99-021, for
Grijalva Park (formerly Prospect Street Sports Park) Between the City and the
County of Orange. (A2100.0 AGR-3719.1)
SUMMARY: The Board of Supervisors of the County of Orange has authorized funding
assistance from its Urban Park Grant Program in an amount of $138,900 for the
development of the City's Prospect Street Community Park. The City Council at its
meeting on March 13, 2001, approved the Financial Assistance Agreement in the amount
of $138,900 for Grijalva Park. The City is requesting a first amendment to the Financial
Assistance Agreement extending the term of completion of the project from June 30,
2001 to December 31,2002, due to a project delay resulting from the rejection of all bids
for construction. The bids for construction exceeded the budget amount. City Council
approval is required for execution of the Financial Assistance Agreement between the
City and County.
ACTION: Approved the First Amendment to Financial Assistance Agreement, No. D99-
021, between the City and County of Orange providing for the receipt of $138,900 from
the County to aid the City's construction of its Grijalva Park (formerly Prospect Street
Community Park) and authorized the Mayor and City Clerk to execute the First
Amendment to Financial Assistance Agreement on behalf of the City.
FISCAL IMP ACT: Approval of this Agreement continues to provide the City with the
County's financial assistance from the Urban Park Grant Program in the amount of
$138,900.
3.12 Approval of Second Amendment to Financial Assistance Agreement for Grijalva
Park (Formerly Prospect Street Sports Park) D99-099 Between City and County of
Orange. (A2100.0 AGR-341 1.2)
SUMMARY: The Board of Supervisors authorized funding assistance in an amount not
to exceed $2 million from the proceed of the sale of Strawberry Field to the City of
Orange for recreational facilities. The City Council at its meetings on December 14,
1999, and April 12, 2001, approved the Financial Assistance Agreement, D99-099, and
the first amendment, respectively, between the City and County. The City is requesting a
second amendment to the Financial Assistance Agreement, extending the term of
completion of the project from June 30, 2002, to December 31, 2002, due to a project
delay resulting from the rejection of all bids for construction. The bids for construction
exceeded the budget amount. City Council approval is required for execution of the
second amendment to the Financial Assistance Agreement.
ACTION: Approved the second amendment to the Financial Assistance Agreement,
D99-099, between the City and County of Orange for Grijalva Park (Formerly Prospect
Street Sports Park) in an amount not to exceed $2,000,000; and authorized Mayor and
City Clerk to execute agreement on behalfofthe City.
FISCAL IMPACT: Approval of this agreement continues to provide the City with the
County's financial assistance in the amount of$2 million for Grijalva Park.
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CITY COUNCIL MINUTES
November 13,2001
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.13 Request for a new Consultant Services Agreement between Berryman & Henigar
and the City of Orange for Fire Department Plan Review. (A2100.0 AGR-3100.A)
SUMMARY: The City Council is requested to approve a new Consultant Services
Agreement between Berryman & Henigar and the City of Orange for Fire Department
Plan Review Services in an amount not to exceed $40,000. The Fire Department is
requesting the Consultant Agreement to provide for continued Fire Department Plan
Review Services. Plan Review fees paid for by the builder offset the costs for Plan
Review services.
Discussion
Councilmember Coontz asked for a clarification of this request, noting that more of an
explanation should have been provided in the Staff Report.
The Fire Chief explained the contract has reached its dollar limit and this agreement is
necessary to add additional money.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the Consultant Agreement between Berryman & Henigar and the
City of Orange for Fire Department Plan Review Services in the amount not to exceed
$40,000; and authorized the Mayor and City Clerk to execute the consultant agreement
on behalf of the City.
FISCAL IMPACT: The City of Orange annually collects approximately $100,000 for
Fire Department plan review and inspections. Last year the total revenue was
$93,443.00. The funds for this contract are budgeted in Account 100-3012-427800.
APPROPRIATIONS
3.14 Assembly Bill (AB) 3229 grant money for funding of Police support personnel
(C2500.K)
SUMMARY: AB 3229 makes funds available under the FY 2001 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. The City of Orange was
awarded $265,841.60 and proposes to continue funding the civilian police support
positions using FY 2001 AB 3229 COPS Program Funds. These positions enhance the
Police Department's ability to place sworn Police Officers in the field.
ACTION: Approved the recommendation from the Police Chief to allocate the
$265,841.60 FY 2001 COPS grant award to continue funding four (4) full-time and two
(2) part-time civilian positions through June 30, 2003.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The City of Orange was awarded $265,841.60 through the FY 2001
COPS grant program. These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6)
positions. This award will support the allocation plan and the approval does not require a
budget adjustment.
3.15 Purchase of Firearms Training System on a sole source basis. (C2500.K)
SUMMARY: This is a request that the City Council authorize purchase of a Purchase of
Firearms Training System (FATS) on a sole source basis in the amount of$79,376.
ACTION: I) Authorized purchase ofa FATS simulator from FATS, Inc. in the amount of
$79,376; 2) Appropriated $14,247 ofCLEEP Grant funds to account 100-4011-471301-
2254, Equipment and Machinery Additions-CLEEP Grant; and 3) Appropriated $5,985 of
accrued Local Law Enforcement Block Grant (LLEBG) 1999 interest to account 353-
4011-471301-2237, Equipment and Machinery Additions-LLEBG 99, for the purchase of
a FATS simulator for the Police Department.
FISCAL IMPACT: There is currently $59,144 of unobligated funds available in account
number 353-4011-471301-2237, Equipment and Machinery Additions-LLEBG 99. After
the appropriations are made there will be an additional $5,985 available in account 353-
4011-471301-2237, and $14,247 available in account 100-4011-471301-2254, for a
combined total of$79,376, to fund this purchase.
3.16 Acquisition of database services for Orange Public Library facilities from Gale
Group, Inc., in the amount of $56,600. (C2500.I)
SUMMARY: Request that the City Council authorize a $56,600 purchase order with
Gale Group, Inc., for database services for the Orange Public Library.
ACTION: Authorized acquisition of database services for Orange Public Library
facilities from Gale Group, Inc., in the amount of $56,600.
FISCAL IMPACT: Sufficient funds exist in the following account: 100-2001-443101-
9320 (Library Administration / Electronic Resources).
3.17 Award of $500 from the Orange County Human Relations Commission to the
Orange Police Department's Youth Services Bureau. (C2500.K)
SUMMARY: The Orange Police Department's Youth Service Bureau was selected to
receive $500 from the Orange County Human Relations Commission as the winner of its
Program Year 2000-2001 Community-Oriented Police Awards
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Accepted the award of $500 from the Orange County Human Relations
Commission to be deposited in account 100-4001-293900. 2) Appropriated $500 to
account 100-4001-449600-2305 (General Fund-Office of the Chief-Miscellaneous
Expenditures-DARE Program).
FISCAL IMP ACT: None.
BIDS
3.18 Police Department First Floor Covering Remodel 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
First Floor Covering Remodel project. The project is ready to be advertised. The
estimated construction cost is $100,000.
ACTION: Approved plans and specifications and authorize advertising for bids for the
Police Department First Floor Covering Remodel project.
FISCAL IMPACT: There is $100,000 budgeted in account 725-4011-481200-2101 (CIP
Improvements-Police Department Carpeting and Flooring) for this project.
3.19 Project No. SP-3380; CDBG Project - Americans with Disabilities Act (ADA)
Wheelchair Access Ramps Various Locations 2001-02. Approval of plans and
specifications, and request for authorization to advertise for bids. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the ADA Wheelchair
Access Ramps Various Locations 2001-02 Project and they are ready to advertise for
bids. The estimated construction cost is $131,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG ADA Wheelchair Access Ramps Various Locations 2001-2002.
FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement
Program in the following account: Community Development Block Grant (CDBG)-
ADA Improvements 310-9645-483300-1328 $ 143,710.00
(REMOVED AND HEARD SEPARATELY)
3.20 Project S.P. 3373, Bid No. 012-07 - Rejection of Bids and Re-advertising, Grijalva
Community Park Improvements. (C2500.M.4.20)
SUMMARY: The City received five bids with the low bid for a contract total of
$2,943,903.50, which was higher than our current $2,878,648.15 budgeted funds.
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CITY COUNCIL MINUTES
November 13,2001
3. CONSENT CALENDAR (Continued)
Discussion
Mayor pro tem Alvarez asked how the rejection of bids will affect the timing for the
installation of the park.
Gary Wann, Community Services Director, eXplained they hope to begin construction
around March 2002 with completion in Fall 2002 before the end of daylight savings time.
The original completion date was scheduled for the Summer 2002. They also hope to
have sports field lighting installed at Santiago Canyon College by next year to help with
the soccer season.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Rejected the bids received for construction of the project. 2) Authorized
re-advertising for bids for the Grijalva Community Park Improvements
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program in the following accounts:
310-9645-485100-0149 Prospect Street Community Park
510-7021-485100-0149 Prospect Street Community Park
551-7021-485100-0149 Prospect Street Community Park
Total
$ 70,000.00
$ 669,748.15
$2,138,900.00
$2,878,648.15
3.21 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages and deny the Application to Present a Late Claim:
a. Bonnie Williams
b. Yesenia Garibay through Adela Garibay
c. Anthony Saiz
ACTION: Denied Claim(s) for damages denied Application to Present a Late Claim and
refer to City Attorney and Adjuster.
CONTRACTS
3.22 Approve Renewal of Contract for REACH Employee Assistance Program effective
January 1,2002 to December 31, 2003. (A2100.0 AGR-1823.M)
SUMMARY: The City has utilized the services of REACH Employee Assistance
Program for City employees and their family members. This is a valuable,
comprehensive program that provides counseling services, supervisory training programs,
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
professional referrals, and consultation servIces with staff regarding employee
performance issues.
ACTION: Approved a two-year contract with REACH to provide Employee Assistance
Program services and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: The total cost for the two-year contract is $33,696. Sufficient funds
are available in the Personnel Services Department budget to cover these expenses.
3.23 Approve Renewal of Contract with Pacificare Dental Insurance, a Pre-Paid Dental
Plan, effective January 1, 2002 to December 31,2003. (A2100.0 AGR-2936.A)
SUMMARY: The City has contracted with Pacificare Dental Insurance to provide pre-
paid dental insurance benefits to City employees. Staff conducted an open bid through
the City's insurance broker, William M. Mercer, and determined it was best to maintain
our coverage with the Pacificare Prepaid Dental Plan.
ACTION: Approved a two-year contract with Pacificare Insurance Company for
employee dental insurance coverage, and authorized the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMP ACT: There is no fiscal impact to the current budget. The total annual
amount paid to Pacificare Dental Plan for prepaid dental benefits through employee
contributions is approximately $98,300 annually. Employees are responsible for meeting
the cost required to continue this benefit.
3.24 Approve Renewal of Contract with Pacific are Life and Health Insurance Company
to provide vision insurance benefits for City employees effective January 1, 2002 to
December 31, 2003. (A2100.0 AGR-2939.A)
SUMMARY: The City currently contracts with Pacificare Life and Health Insurance
Company to provide vision insurance benefits to City employees. Staff conducted an
open bid through the City's insurance broker, William M. Mercer, and determined it was
best to maintain our coverage with the Pacificare vision insurance plan.
ACTION: Approved a two-year contract with Pacificare Life and Health Insurance
Company for employee vision insurance coverage, and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no fiscal impact to the current budget. The total amount
expected to be paid to Pacificare Life and Health Insurance Company for the 2-year
contract through employee contributions will be approximately $54,500. Employees are
responsible for meeting the cost required to continue this benefit.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.25 Award of Contract - Project No. S.P. 3179 -
Widening from Bond Avenue to Villa Park Road.
TAPE 1530
Hewes Street Realignment and
(A2100.0 AGR-3888)
SUMMARY: Plans and specifications have been completed for the Hewes Street
Realignment and Widening project from Bond Avenue to Villa Park Road. The project
includes realigning roadway, widening to 4 lanes and providing a striped Class II bike
lane in each direction. This project will complete widening and realignment installment
by development on the east of the roadway. The estimated construction cost is
$1,327,735.
Larry Bonham, 12151 Adrian Street, Garden Grove, noted that widening streets is not the
solution to traffic problems and asked for long term planning in solving traffic issues.
MOTION-
SECOND -
AYES
Murphy
Alvarez
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Awarded a contract in the amount of $952,932.08 to R.J. Noble Company,
15505 E. Lincoln Avenue, Orange, CA, 92865, and authorized the Mayor and the City
Clerk to execute on behalf of the City for the Hewes Street Realignment and Widening
project from Bond Avenue to Villa Park Road.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
550-5011-483300-3243
272-5011-483300-3243
285-5011-483300-3243
Total Funds
$ 154,750
$ 750,000
$ 425,359
$1,330,109
Reimbursed Capital Projects
Gas Tax 2105
TSIP AreaC
3.26 Award of Contract - Bid No. 012-11; Project SP-3374; Slurry Seal at Various
Locations for the fiscal year 2001 - 2002. (A2100.0 AGR-2590.C)
SUMMARY: This project is part of the annual maintenance activities and is designed to
prolong pavement life of various residential streets by slurry sealing.
ACTION: Awarded a contract in the amount of $467,390.62 to Roy Allan Slurry Seal,
Inc., 11922 Bloomfield Ave., Santa Fe Springs, CA 90670, and authorized the Mayor and
the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
262-5021-483300-3120 $844,184.00 (Local Street Maintenance)
3.27 Project S-198; Award a Professional Services Contract to WiJldan, for the Master
Plan of Sewers Update (A2100.0 AGR-0625.B)
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
SUMMARY: This contract authorizes Willdan to review the City's sewer base maps,
sewer line project plans, and any available resources to establish and plot existing trunk
systems and manholes.
ACTION: Awarded a contract in the amount of $90,765.00 to Willdan, 2125 Katella
Avenue, Suite 200, Anaheim, CA 92806, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted or are available in the following accounts:
520-5011-433200-5561 $55,000 (Master Plan of Sewers Update)
550-5011-433200-5561 $55,000 (Master Plan of Sewers Update)
Total $110,000
3.28 Contact Change Order No.1 and Final; Bid No. 001-17; Traffic Signal and Striping
Improvements at the intersections of Chapman at Chandler Ranch, Lincoln at
Canal, Glassell at Taft/Orange-Olive, Lincoln at Orange-Olive and Katella at
Handy. (A2100.0 AGR-3677)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
prices. The total contract cost for this project is $207,788.40.
ACTION: Approved Contract Change Order No. 1 and Final in the amount of $8,788.40
to Inspection Engineering Construction for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
550-5032-483100-6147
284-5032-483100-6146
284-5032-483100-6059
Total
$ 350.00
$ 118.67
$8,879.07
$9,347.74
Katella/Handy Traffic Signal
Lincoln/Orange-Olive Traffic Signal
Lincoln/Canal Traffic Signal
LIBRARY CLOSURE
3.29 Request for early closure of the Orange Public Library facilities to the public on
Wednesday, November 21, 2001. (C2500.I)
SUMMARY: Early closure of the Main Library and the Taft and EI Modena Branch
Libraries (e.g., at 6:00 p.m. rather than 9:00 p.m.) is requested due to lack of anticipated
public use the night before Thanksgiving Day.
ACTION: Approved closure of Orange Public Library facilities to the public at 6:00 p.m.
Wednesday, November 21, 2001.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: There is no fiscal impact to closing the library. Staff work hours will
be shifted on November 21 to begin earlier in the day, e.g., at 8 a.m. or 9 a.m. rather than
at 12 noon for those who normally work evenings.
MEETING TIME CHANGE
3.30 Approval of the Park Planning and Development Commission Meeting Time
Change (ORI800.0.10)
SUMMARY: The City Council on April 25, 2001, adopted Chapter 2.60 of the Orange
Municipal Code establishing the Park Planning and Development Commission. The
Commission had established a meeting time of 5:00 p.m. for its meetings. The
Commission requested and approved the recommendation to change its meeting time
from 5:00 to 5:30 p.m. Under Section 2.60.50, Regular Meetings, the City Council is
required to approve any changes to the Commission's meeting time.
ACTION: Approved the recommendation to change the Park Planning and Development
Commission's meeting time to 5:30 p.m., and authorized the City Clerk to notice the
meeting time change.
FISCAL IMP ACT: None.
PROPERTY PURCHASE
3.31 Purchase of a 10 foot wide strip of land at 1929 W. Chapman Avenue. (A2100.0
AGR-3889)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Babulal R. Bera, et al.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip of land located at 1929 W. Chapman
Avenue. Purchase price is $84,205.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $84,205.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(Measure M-MPAH).
3.32 Purchase of a 10 foot wide strip of land at 1535 W. Chapman Avenue. (A2100.0
AGR-3890)
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Roque Di Vito and Marta A. Di Vito.
ACTION: Authorized Mayor and City Clerk to execute all escrow papers and related
documents for the purchase of a 10 foot wide strip ofland located at 1535 W. Chapman
Avenue. Purchase price is $100,435.00 plus any related escrow costs.
PAGE 14
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $100,435.00 are available in the Chapman
Avenue Widening Project ~ Account No. 550-5011-483300-4038-(Measure M-MPAH).
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.33 RESOLUTION NO. 9533 (C2500.G.2)
TAPE 1600
A Resolution of the City Council of the City of Orange expressing appreciation to Joan
Wolff of the Community Development Department for more than fifteen years of loyal
and dedicated service.
Councilmember Coontz commended Joan Wolff as a valuable employee who has done an
excellent job at the City, and requested the following additional wording be added to
Resolution No. 9533: In the fourth paragraph, add the phrase - and Master Plan of
Recreational Trails. In the seventh paragraph, add the phrase - She is well known for her
ability to conduct public meetings with appreciation for the views and recommendations
of the community.
MOTION -
SECOND-
AYES
Coontz
Alvarez
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved, with revisions.
3.34 RESOLUTION NO. 9534 (OC1300.D.6)
A Resolution of the
participation! continuation
Vehicles.
City Council of the City of Orange concernIng
in the Orange County Service Authority for Abandoned
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.35 RESOLUTION NO. 9536 (C2300.E. GPA-4-00)
A Resolution of the City Council of the City of Orange Approving Negative Declaration
1653-00 and General Plan Amendment 4-00 to Adopt the City of Orange Housing Element
for the Years 2000-2005.
General Plan Amendment No. 4-00, Applicant: City of Orange
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz
NOES Cavecche
PAGE 15
CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
Councilmember Cavecche voted No as she does not believe the new Housing Element
adequately addresses the affordable housing needs in the City of Orange.
3.36 RESOLUTION NO. 9539 (C2500.M.16.1 LLN-2001-17)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2001-17 adjusting lot lines of certain real property situated at 4522, 4550 and 4604
East Chapman Avenue in the City of Orange, County of Orange, State of California.
OWNERS: Albertson's, Inc., A Delaware Corporation Rick Lantz & Cheryl S. Lantz, as
Trustees of the Rick & Cheryl Lantz Living Trust.
ACTION: Approved.
3.37 RESOLUTION NO. 9540 (NI200.0 NEG-1673-01)
A Resolution of the City Council of the City of Orange approving Mitigated Negative
Declaration No. 1673-01 and Major Site Plan Review 193-01 for the construction of a
classroom and addition to the preschool located within the St. John's Lutheran Church
Specific Plan.
Applicant: St. John's Lutheran Church
ACTION: Approved.
3.38 RESOLUTION NO. 9541 (C2500.J.4)
A Resolution of the City Council of the City of Orange Providing Continuation of Wage
and Benefits to City Employees who are Involuntarily Called to Active Duty with the
U.S. Armed Forces in Support of "Operation Enduring Freedom" to Combat Terrorism
Against America.
ACTION: Approved.
3.39 RESOLUTION NO. 9542 (OC1300.G.5)
A Resolution of the City Council of the City of Orange approving the submittal of the
Public Works Improvement Projects to the Orange County Sanitation District for funding
under the Cooperative Projects Program.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 13, 2001
3. CONSENT CALENDAR (Continued)
3.40 RESOLUTION NO. 9543 (A2100.0 AGR-3892)
A Resolution ofthe City Council of the City of Orange approving the License Agreement
for the Use of a Portion of Hart Park by Chapman University and Making Certain
Findings with Respect Thereto.
ACTION: Approved.
3.41 RESOLUTION NO. 9544 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Lieutenant Jim Hudson of the Orange Police Department and commending him for
twenty years ofloyal and dedicated service.
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.9, 3.13, 3.20, 3.25, 3.33 and 3.35 were removed and heard separately. Mayor
Murphy abstained on Item 3.9. Councilmember Cavecche voted No on Item 3.35. All
other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY
4.1
Council Committee Assignments
TAPE 1680
Mayor Murphy asked to continue this item to the next meeting so the Council can review the
Council Committee assignments he is proposing and make any final revisions to the list.
5.
REPORTS FROM COUNCIL MEMBERS
TAPE 1690
5.1 Mayor pro tem Alvarez - Discussion on the format and procedure for appointments
and removal of committee members on the Boards, Committees and Commissions.
Mayor pro tern Alvarez asked for an open discussion on the format and procedures for
appointments and removing members from boards, committees and commissions, and requested
feedback from the Council. His ideas are to create a two member committee comprised of the
Mayor and Mayor pro tern to review attendance of committee members, talk to the staff in terms
of the participation of the committee members, receive input from other Councilmembers, and
arrive at a list of members who have reached their point of usefulness on each committee or who
PAGE 17
CITY COUNCIL MINUTES
November 13, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
should be reappointed. He noted the Orange Park Acres Committee needs to be looked at as
several members have reached the end of their term. There are also members of other
committees who have served in excess of 15 years, and there should be some sort of term limits
for committee members. A two person committee could quickly review the committees and put
new people in place for 2002 in order to move forward with the challenges of the City.
Councilmember Coontz noted the Mayor has a responsible leadership role and receives
assistance from the City Clerk in the committee appointment process. Several years ago, the
Council determined that committee appointments should coincide with the two year term of the
Mayor. When she was Mayor, she asked for comments from other Councilmembers on how
they felt about committee members and the committees themselves. One of the things they have
done over a period of time is review the goals and objectives of the committees and decide if the
Council wants to keep them or add others, which has been effective. Reappointments should be
made only after the Council obtains information on attendance and whether they are capable of
doing the job and are interested in continuing. Committees are valuable when they act
independently and objective as they are not supposed to mirror the Council. Committee
members should be chosen on the basis of their employment background, suitability to the
position, willingness to attend meetings on a regular basis, do their homework, exercise
independent opinions and represent a broad geographic basis; and should not be appointed if they
have political ambitions and want to use the committees only as a stepping stone to public office.
Councilmember Slater pointed out it was his understanding that at the beginning of the year,
existing committee assignments were to be continued until after a fifth Councilmember was
seated. He agreed this may be the time to make some changes, but wanted the changes made in a
respectful way and not the way they have been proposed in the past. He suggested a two
member committee, comprised of the Mayor and whoever the Mayor chooses. It could come
back at the next Council meeting with a recommendation by the Mayor of who he would like to
have serve on the committee with him; the committee would then meet on their own and develop
a list of people who they felt have served their time well and should step aside; those people
then would be notified personally, not with just a letter, and asked to resign by the end of
January. In February, a report should come back to the Council with the Council committee's
recommendations along with resignation letters. If resignation letters were not received from
those committee members who were asked to resign, then those people would be agendized at
that time for removal. He also suggested this two person Council committee work with staff to
come up with some type ofterm limits for the committees.
Councilmember Cavecche noted if the Council does want to make changes to committees, this is
probably the most gracious way of doing it. There are some committee members who have
served for a long time and suggested staggered terms for some of the committees, so that as new
people come onto the committees, it's good to have people who have already served for a while.
Mayor Murphy suggested that the concept of staggered terms is open to debate and should be
evaluated both ways. For some committees, the idea was to appoint members when a new
Council was seated, as often there are Councilmembers who like to make changes on
PAGE 18
CITY COUNCIL MINUTES
November 13, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
committees. That gave the opportunity for it to be handled as part of the reappointment process
rather than doing it in a more awkward manner of individual changes. When terms are
staggered, it may be more difficult to change when a new Council is elected.
Councilmember Coontz noted there is a great deal of staff time involved in the educational
aspect of these committees; and it is important that committee members serve long enough to be
effective once they are educated on the process. She pointed out that some committee member
terms are regulated by other agencies, such as the Library Board, and suggested a chart may be
useful in outlining terms. She also suggested obtaining information from staff on how long the
education process is for each of the Committees. It is chaotic to remove someone in the middle
of a term unless they are not meeting certain standards; and agreed to go along with any
improvements to the system.
Public Comments
Bob Bennyhoff, Orange Park Acres, spoke on the unique qualities of the Orange Park Acres
Committee, and pointed out the need to have experienced committee members in order for a
committee to be effective. He also noted that committee members should not be removed from a
committee because they don't follow the advice or recommendation of a councilmember; and
should be appointed for their knowledge and dedication to the City.
Council Discussion
Councilmember Coontz wanted to clarify a misunderstanding that committee members are
appointed to reflect the viewpoints of a particular Councilmember. The job of a committee
member is to listen, be ethical and make sound decisions and often times they do have different
views from the Council. She noted that Councilmembers should not even discuss issues with
committee members once they are appointed.
Councilmember Cavecche stated there has been no attempt, in the last five months, to remove a
committee member because they don't bow and scrape to the Council. She does not believe this
Council has done that or will do that in the future. That is not the prevailing feeling on the
Council, and they do not appoint people for that reason.
Mayor Murphy noted the Brown Act would prohibit either member of a two person Council
committee from calling other Councilmembers for input.
Mayor pro tern Alvarez stated this has been a good opportunity for the public to hear the
feedback from the Council, as the Council must follow the rules of the Brown Act where only
two Councilmembers can converse on a subject outside a public meeting. Being the end of the
year, this is also a good time to revaluate this process, and again suggested putting together a two
person committee for approval by the entire Council at the next Council meeting.
PAGE 19
CITY COUNCIL MINUTES
November 13, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy stated there is need to evaluate the criteria for this process, and not necessarily
conduct personnel evaluations; and numbers of years of service is not always a negative. This
discussion can be brought back and policies discussed further, whether they should be more
restrictive than the restrictions that are on the Councilmembers or less. There needs to be a
policy established for moving forward with an effective date, perhaps January 2002, so that
committee members know going in what the expectations are for term limits. He again
cautioned against simply looking at years of service and deciding that is the best way to find
openings on a committee. Committee members volunteer their time and efforts and assemble a
body of knowledge that is a valuable resource and not learned over night. It is a good idea to do
this assessment as there is a concern about membership, but wants to work on the criteria so it is
clear when the evaluations are done.
Councilmember Coontz also pointed out it is important for the Council to know what projects the
various committees are working on so that members are not removed in the middle of a large and
important proj ect.
Mayor Murphy suggested bringing back a Council committee along with the idea of what the
criteria should be for committee membership. It should be discussed publicly so there is no
Brown Act violation and it also affords the opportunity for all Councilmembers to have input on
how that criteria should be developed.
Councilmember Slater asked for more of a definite time line for this process.
MOTION-
SECOND -
AYES
Slater
Alvarez
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that the Mayor will come back to the next Council meeting with a report on criteria as he
has laid out; and a committee is to be formed to formalize these issues once the Council has had
further discussion that would consist of the Mayor and Mayor pro tem Alvarez.
Off Aeenda Item - Councilmember Coontz - Veterans Day Event
Councilmember Coontz reported on the Veterans Day event held at the Depot Park on Sunday,
November 11 th She commended staff for their efforts in putting this event together for the 700
people in attendance. This event was the best in Orange County and the press should have
acknowledged it. Councilmember Coontz suggested this be a yearly event with possibly a
parade. The activities included buglers from the Orange County Sheriffs Department,
presentation of colors from the Orange High School Marines Jr. ROTC, an invocation from the
Orange Police Department Chaplain John Wetterholm, the National Anthem sung by Leslie
Williams Frazier, the Pledge of Allegiance led by Orange County Supervisor Todd Spitzer,
Councilmember Coontz presented a illustrative of the memorial; patriotic music from Villa Park
PAGE 20
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CITY COUNCIL MINUTES
November 13, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Day of Remembrance and the benediction by Gaddi Vasquez. Cask & Cleaver Restaurant also
provided free refreshments.
This was a very emotional event which helped to keep enthusiasm and a national spirit alive in
the hearts of everyone. The dedication last year of the Veterans Memorial was significant and
was not realized until after September 11 th We are deeply grateful that this memorial may help
to keep the importance of devotion to honor and duty alive in people's hearts whether they are in
the military or ordinary citizens.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Mayor pro tem Alvarez - Consider the removal of Richard Yarger from the City
Traffic Commission.
Mayor pro tem Alvarez stated that in light of the previous discussion, he wanted to withdraw this
item from the Agenda
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to withdraw this item from the Agenda.
Councilmember Coontz again stated it is chaotic to remove someone in the middle of a term
unless they are not meeting the standards.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER
Off Agenda Item
The City Manager reported he will be providing a budget status report for the 2000-01 year end
and the first quarter of this fiscal year at the next meeting. This will include the state of the
economy and how the City is addressing that.
9.
LEGAL AFFAIRS
TAPE 3000
9.1 ORDINANCE NO. 14-01 (FIRST READING) (A2500.0 Campaign Contributions)
An Ordinance of the City Council of the City of Orange Deleting Subsections 2.10.060F and
2.10.100.D of the Orange Municipal Code Relating to Campaign Contributions.
PAGE 21
CITY COUNCIL MINUTES
November 13, 2001
9. LEGAL AFFAIRS (Continued)
Discussion
Shirley Grindle, address on file, pointed out the reason for the current cap on campaign
contributions from a husband and wife was to avoid placing a husband and wife in the position
of being tapped twice by candidates running for office. However, Ms. Grindle agreed with the
City Attorney's opinion that this cap may not be defensible in court. She complimented the
Council in that she has not seen any of this pressure being put on local business owners and
hopes that no one takes advantage of this in the future. She asked that these proposed changes in
campaign contributions be made effective January 1, 2002 to make bookkeeping easier.
Councilmember Slater commented he appreciated Ms. Grindle's comments and thought of
decreasing it to $250.00 individually, but the bottom line is the law is the law and the City needs
to have ordinances that correspond with the law and are defensible in court. Councilmember
Slater concurs with the January 1,2002 effective date.
Councilmember Coontz commented hopefully the City does not mirror the Board of Supervisors.
Running for office is tough as well as attaining the money that is needed to campaign.
Councilmember Coontz thought the Council shows their appreciation to the people that donate to
their campaigns and would never call and ask for more. This is not ethical and not the way the
City of Orange is run.
Councilmember Cavecche commented she understood the ordinance and hopefully there won't
be companies and individuals trying to get around this. She is please to see the limit on the loan
amount deleted and wished this had been done last year when she requested it as a candidate.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 14-01, with the modification that it become effective January 1, 2001,
be read by title only and same was set for second reading by the preceding vote
9.2 ORDINANCE NO. 17-01 (SECOND 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.
In response to questions by Councilmember Coontz, the City Attorney explained that under the
current system, the City Council must approve any modification to the dollar amount of any
consultant contract it approves. This Ordinance authorizes the City Manager to approve
increases of 10% or $30,000, whichever is less, to these contracts.
PAGE 22
CITY COUNCIL MINUTES
November 13, 2001
9. LEGAL AFFAIRS (Continued)
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-01 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 18-01 (SECOND READING) (A2500.0 PERS)
An Ordinance of the City Council of the City of Orange Amending the Contract Between the
Board of Administration of the California Public Employees' Retirement System and the City of
Orange to Provide the Military Service Credit Program for the City's Active and Retired
Employees.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-01 be read by title only and same was approved and adopted by
the preceding vote.
9.4
ORDINANCE NO. 19-01 - URGENCY MEASURE
TAPE 3460
(A2500.0 Zoning)
An Urgency Measure of the City Council of the City of Orange Prohibiting Building of
Secondary Units in the 300 and 400 Blocks of South Grand Street, Between Palmyra Avenue and
La Veta Avenue.
Councilmember Slater stated he would not be voting on this Ordinance due to property interest,
and left the dais.
Mary Matusak, 340 S. Grand, urged support of this Ordinance.
In response to a question by Councilmember Coontz, the City Attorney explained this Interim
Ordinance will be valid for 45 days but can be extended at that time.
MOTION - Alvarez
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Slater
Moved that Ordinance No. 19-01 be read by title only and same was approved and adopted by
the preceding vote.
PAGE 23
CITY COUNCIL MINUTES
November 13, 2001
9. LEGAL AFFAIRS (Continued)
For the record, Mayor Murphy stated that upon further consideration and given the fact there is a
division of opinion, he will support the urgency measure for the time being.
Councilmember Slater returned to the dais at 6:15.
9.5 ORDINANCE NO. 20-01 (FIRST READING) (ZI500.0 ZCG-1209-01)
An Ordinance of the City Council of the City of Orange Approving the Reclassification of
Property Generally Located north of Almond Avenue, south of Chapman Avenue and Moreland
Drive, west of Harwood Street and east of Center Street to PI-SP (Public Institution-Specific
Plan) from OP (Office Professional) and R2-6 (duplex residential).
Zone Change 1209-01, Applicant: St. John's Lutheran Church
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 20-01 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
Note: The City Council did not recess to Closed Session. Council recessed at 6:26 p.m.
7:00 p.m. Session
12. PUBLIC COMMENTS
Jeannine Lawrie, 2512 N. Shady Forest, submitted a list of approximately 720 Orange Dog Park
supporters. She asked the Council when the dog park issue will be heard by the Parks
Commission, when the environmental report will be completed, if there is money budgeted for
the park and if not, are there other resources available to obtain money, when City departments
will send their recommendations to the Council and when the proposed dog park is scheduled for
a Council hearing. Mayor Murphy instructed the City Manager to provide answers.
Jim Owens, 163 S. Cypress, submitted information on alleged Code Enforcement violations at
St. Vincent DePaul, Pete's Roadside Service and the House of Cobras; and asked for assistance
from the Council in addressing these complaints and violations. The Mayor asked the City
Manager to investigate this issue.
PAGE 24
CITY COUNCIL MINUTES
November 13,2001
13.
PUBLIC HEARINGS
TAPE 3900
13.1 JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY,
AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE ORANGE
MERGED AND AMENDED REDEVELOPMENT PROJECT AREA,
NEGATIVE DECLARATION NO. ENV-1677. (R3500.0)
Time set for a joint public hearing with the Redevelopment Agency to consider an Amended and
Restated Redevelopment Plan and accompanying environmental documentation that will serve to
merge the three existing redevelopment project areas into one project area, extend the time limit
to incur debt, and re-establish the Agency's eminent domain authority on commercial and
industrial properties.
NOTE: Letter in opposition received from Harvey and Ruth Brown, property owners at 757 N.
Tustin Avenue, on October 31, 2001.
Mayor pro tern Alvarez requested a discussion of a Confidential Memorandum from the City
Attorney.
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to release the Confidential Attorney-Client Privileged Memorandum of November 13,
2001 in order to discuss it regarding Conflict ofInterest for Councilmembers.
Mayor pro tem Alvarez asked for clarification from the City Attorney on his opinion that there is
not a conflict of interest for some of the Councilmembers in voting on this issue, as he has been a
target in the past of voting on issues where there was an alleged conflict of interest. For the
record, he read the following sentence from the City Attorney's memo - "that as per my normal
caveat, my opinion is not binding on either the District Attorney or the Fair Political Practices
Commission, so you could be civilly or criminally prosecuted by either agency for participating
in this decision, in spite of the opinions that are expressed within this memo."
Mayor pro tern Alvarez asked for clarification on a possible conflict of interest for each
Councilmember and on the last paragraph which he read.
The City Attorney reported that under Conflict of Interest rules, Councilmembers can not make
or participate in the making of decisions which have a reasonably foreseeable financial impact on
their economic interest. However, it has to be more than a mere possibility of a financial impact.
This particular action is to merge three project areas, not to increase or decrease the boundaries
of the project areas. There is no particular project area that is being identified as either
benefiting or having some detriment through the project areas. He could not find, at this
particular time, that there is more than a mere possibility that this action could affect a financial
interest.
PAGE 25
I
CITY COUNCIL MINUTES
November 13, 2001
13. PUBLIC HEARINGS (Continued)
There is also a public generally exception, which states that if a decision will affect 10% of the
businesses in substantially the same manner as it affects a Councilmembers' economic interest,
then a Councilmember can participate in a decision. In this particular case, it does meet the 10%
business exception. This action also encompasses about 25% to 30% of the entire City.
With regard to the caveat at the end of his memorandum, that is put on all opinions. He does not
have jurisdiction over conflict of interest laws because they are state laws. His opinion is not
binding on the District Attorney or the Fair Political Practices Commission.
Mayor pro tem Alvarez further asked how Councilmembers can protect their rights if they rely
on the Attorney for an opinion and yet it's not binding.
The City Attorney agreed it is not absolute protection. If an issue is known ahead of time, they
can get a written opinion from the FPPC; however, facts need to be presented to the FPPC
completely accurate.
Councilmember Coontz pointed out that councilmembers should act with caution, and if there is
any doubt, then the practical thing to do is not to vote.
Mayor Murphy indicated that the action being considered is simply to consolidate multiple areas
into a single area, which does not provide any benefit. If there is a specific follow up action at a
subsequent meting, that may be considered a traditional conflict of interest.
The City Attorney indicated there are three reasons why he felt there would not be any material
financial affect: 1) the Negative Declaration concludes that the action will not result in any
significant impacts; 2) the project area boundaries are not being modified; 3) there is no
identifiable project or project area that is intended to benefit or be a detriment by this decision.
Mayor pro tern Alvarez stated he was satisfied with the clarification from the City Attorney.
Staff Report
Jim Reichert, Senior Project Manager, reported the purpose ofthis joint hearing is to 1) consider
the merger of the three redevelopment project areas into one project area; 2) consider an
amendment to the existing Redevelopment Plans to extend the time limit in which the Agency
may incur debt; 3) consider an amendment to the existing Redevelopment Plans to reestablish
the Agency's eminent domain authority on non-residential properties within the project area;
and 4) to consider Negative Declaration No. ENV-1677. No territory is being proposed for
addition to the project areas nor are any other changes being proposed to the existing
Redevelopment plans.
Most of the documents have already been reviewed and approved by the Council in draft foml.
These documents have been circulated to various taxing agencies and the general public for
comment, and no changes have been made to the documents.
PAGE 26
CITY COUNCIL MINUTES
November 13, 2001
13. PUBLIC HEARINGS (Continued)
He noted that the Redevelopment Plan is not a land use plan nor directed to any specific business
or property. Redevelopment is not a land use regulatory function, rather, it is a funding
mechanism aimed at alleviating blight and promoting economic development and housing
opportunities. A Redevelopment plan is a document that spells out the Agency's goals,
objectives, powers and obligations; provides for the funding of redevelopment programs and the
construction of public facilities; provides for addressing affordable housing needs; and allows the
Agency to collect property tax increment revenue and to sell bonds.
Merging the projects areas will allow for more efficient administration of agency finances and
allow redevelopment funds to be spent in those portions of the merged project area where they
are most needed.
He stated that presently there are no plans for the Agency to acquire any property or business.
Copies of all required documents have been submitted to, and are on file with, the City Clerk.
He introduced Kathy Rosenow and Hitta Mosesman of Rosenow Spevacek Group, Keeton
Kreitzer of Keeton Kreitzer Consulting, and John McClendon of McNamara, Leibold,
McClendon and Mann.
THE MAYOR OPENED THE PUBLIC HEARING
The City Clerk stated a letter in opposition was received from Harvey and Ruth Brown, property
owners at 757 N. Tustin Street.
Mrs. Ruth Brown, 142 West Avenida San Antonio, San Clemente, stated that 12 to 15 years ago,
there seemed to be a lot of force put on them to sell their property at 757 N. Tustin, and she was
very concerned that this did not happen again. She had spoken with Jim Reichert of Economic
Development and Councilmember Cavecche prior to this meeting and was now comfortable that
this would not happen. She agreed to withdraw her letter but wanted it known for the record that
they were opposed to being forced to sell their property.
Mayor Murphy noted the concerns of Harvey and Ruth Brown, indicating the hearing could
continue as if there were no written objections.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Mayor pro tem Alvarez asked what the benefits will be for combining the project areas.
Mr. Reichert explained that combining areas will make accounting procedures easier to handle.
Also, under existing law, the Agency can only spend funds in the areas they are derived, and
sometimes, the needs don't coincide with the areas where revenues come from. By merging the
areas, the Agency will be able to fund projects anywhere in the area.
PAGE 27
CITY COUNCIL MINUTES
November 13, 2001
13. PUBLIC HEARINGS (Continued)
If no written objections are received prior to or at the public hearing, adopt the following
actions:
RESOLUTION NO. 9537
A Resolution of the City Council of the City of Orange adopting the Negative Declaration
prepared in connection with the Amended and Restated Redevelopment Plan for the Orange
Merged and Amended Redevelopment Project Area.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9537.
ORDINANCE NO. 21-01(FIRST READING)
An Ordinance of the City Council of the City of Orange approving and adopting the Amended
and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project
Area that merges and amends the Tustin Street Project Area, Southwest Project Area, and
Northwest Project Area.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 21-01 be read by title only and same was set for second reading by
the preceding vote.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The Council adjourned at 7:45 p.m.
(!~~(7L?/ff/4d
CASSANDRA J. ATHCART, CMC
CITY CLERK
PAGE 28