2/12/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON FEBRUARY 26,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING FEBRUARY 12,2002
The City Council of the City of Orange, California convened on February 12,2002 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 Pastor Roy Schlobohm, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 241
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
TAPE 120
Proclamation was presented to Mike Schaub, Director of Outreach, Social Model
Recovery Systems Inc. on their 10th Anniversary providing treatment for alcohol and
other drug addictions for teenagers in the City of Orange.
Proclamation was presented to Orange North Rotary Club, Kenneth Caplin, President,
honoring Rotary International World Understanding and Peace Week, February 17-23,
2002. The Mayor announced the City of Orange and our sister city Queretaro, Mexico
will be conducting a flag exchange and flying each others flag on February 23rd.
Proclamation was presented to ll-year old Miguel Quinonez, commending him for his
heroic efforts during a house fire.
Presentation was given by Mayor pro tern Mike Alvarez recogmzmg Rory Patrick
Mahony, who represented the City of Orange in the Olympic torch relay for the Winter
Olympics in Salt Lake City. Rory Mahony relayed his experience of how he submitted
an essay to be given the privilege of running in this relay. The Mayor presented Rory
with a banner from the 1991 City of Orange Olympic Festival.
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CITY COUNCIL MINUTES
February 12,2002
2.
PUBLIC COMMENTS
TAPE 750
The following people spoke against Measure W on the March 5th Orange County ballot relating
to the great park:
. Larry Root, 1210 Polaris, Newport Beach
. Barbara Lichman, 2603 Main Street, Irvine
. Norm Ewers, 47 Seton Road, Irvine
. Kathleen Voshall, 20002 Santiago Canyon, Orange
. Bill Kearns, 3350 California, Costa Mesa
. Richard Taylor, 4340 Campus, Newport Beach
. George Margolin, 1701 Irvine, Newport Beach
. Shirley Conger, P.O. Box Ill, Corona del Mar
Arlen Craig, 3402 E. Vine, spoke on reconciliation of zoning and land use issues and urged the
City Council not to lose perspective on environmental concerns and establish a plan for open
space on Santiago Creek.
Mel Vernon, 363 N. Lincoln, requested a formal appeal hearing of the Fire Department's
decision regarding a fire hydrant at his property in East Orange. He asked the Council to appoint
an Appeal Board as outlined under Code guidelines.
3.
CONSENT CALENDAR
TAPE 1670
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 February 12, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, summarized on Time-Warner Communications,
and available on the City's Website www.cityoforange.ore, 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 January 17, 24, 31, 2002.
ACTION:
Approved.
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3. CONSENT CALENDAR (Continued)
3.3 Request approval of City Council Minutes, Regular Meeting January 22, 2002 and
Adjourned Regular Meeting, January 29, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Amendment No. 3 to Cooperative Agreement No. C-94-664 between the City of
Orange and the Orange County Transportation Authority regarding time extension
on Route 55 Freeway improvements.
SUMMARY: Amendment No.3 extends the expiration date of Cooperative Agreement
No. C-94-664 through December 31, 2004, allowing the completion and final accounting
of the design, right-of-way acquisition, and construction of Katella Ave. ramps, LaVeta
Ave. and Meats Ave. over crossings, and Chapman Ave. at Yorba St. turn lane.
ACTION: Approved Amendment No.3 to Cooperative Agreement No. C-94-664 and
authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: None.
3.6 Award of Professional Services Agreement for Quality Control Inspections for the
Taft Branch Library Remodel and Grijalva Park Improvements.
SUMMARY: This agreement authorizes the consultant to provide quality control
inspection services for the Taft Branch Library Remodel and Grijalva Park Improvements
to ensure that construction is proceeding according to plans and specifications.
ACTION: 1) Approved agreement with Construction Testing and Engineering Inc., in
the amount of $80,000 and authorized the Mayor and the City Clerk to execute on behalf
of the City; 2) Transferred funds in the amount of $12,909 from Account 500-2001-
481105-9900 (Main Library Renovation) to Account No. 500-2001-481105-9918 for
construction cost of Taft Branch Library; 3) Appropriated funds in the amount of
$83,522 from unreserved fund balance in Fund 725 (Building Improvements to Account
725-2001-481105-9918 for Taft Library construction (SP-3375).
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
510-7021-485100-0149
725-2001-481105-9918
$60,000
$20,000
Grijalva Park Improvements
Taft Branch Library Remodel
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3. CONSENT CALENDAR (Continued)
3.7 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Taft Branch Library Remodel and Grijalva Park Improvements.
SUMMARY: This agreement authorizes the consultant to provide special inspections and
material testing for the Taft Branch Library Remodel and Grijalva Park Improvements.
ACTION: Approved agreement with Twining Laboratories of Southern California, Inc.,
in the amount of $40,000 and authorized the Mayor and the City Clerk to execute on
behalf of the City.
FISCAL IMPACT: Upon appropriation of funds as requested on the Agenda for the
quality control inspection agreement, funds will be available in the following accounts:
510-7021-485100-0149 $30,000 Grijalva Park Improvements
725-2001-481105-9918 $10,000 Taft Branch Library Remodel
3.8 Award of Contract - Bid No. 012-22 to McMurray Stern for shelving and furniture
for the Taft Library Renovation Project.
SUMMARY: New furniture and shelving are part of the Taft Library Renovation
Project. The remodeled library will provide a greatly improved environment for the
public and staff alike.
ACTION: Awarded Bid No. 012-22 to McMurray Stern, 15511 Carmenita Rd., Santa Fe
Springs, CA 90670-5609 in the amount of $73,960 for furniture and shelving for the Taft
Library Renovation Project; and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement
Program in the following account: 725-2001-481105-9918.
3.9 Approve Amendment No.1 to Utility Agreement No. 12-UT-302.
SUMMARY: Amendment No. I to Utility Agreement No. 12-UT-302 provides for
reimbursement to the City, for work performed by city forces needed to facilitate the
construction work on a portion of the SR-55 Freeway project.
ACTION: Approved Amendment No. I to Utility Agreement with the State and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Reimbursement to the City will be in the amount of $7,923.36
credited to revenue account No. 601-263100 following approval of Amendment No. I by
both the City and the State, and issuance of final billing to the State.
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY) TAPE 1710
3.10 Sewer Agreement with the City of Anaheim: Request by SunCa1 Developers to
connect a portion of the Serrano Heights Development to the City of Anaheim
sewer.
SUMMARY: SunCal Developers, owners of the Serrano Heights residential
development, have requested that the City of Orange enter into a sewer agreement with
the City of Anaheim to allow a portion of Tract 14360 to connect to the Anaheim sewer
system.
Discussion
Tom Anderson, East Orange resident, spoke on a condition of the Serrano Heights
Development. At the extreme northeast end of the tract, there was to be an underpass at
Serrano Avenue with a trail connection to the northern portion of Santiago Oaks Park.
The trail connection has been roughed out but is in the wrong place. He asked staff to
redirect the trail and if a condition could be put on this agreement to relocate the trail to
where it was originally promised.
Mayor Murphy stated the developer needs to be held accountable for any original
condition that was promised.
The City Attorney concurred if the location of the trail is on the original map, the City
has the authority to hold them accountable. However, that particular item is not related to
this agreement and should not be tied into it.
Councilmember Cavecche asked about the proposed park in this area and at what point
can a project be stopped to make sure things that were promised are in compliance.
The Community Development Director stated they have met with the County regarding
the trail. The trail that was put in place did go through a review process by the County,
and agreed that where the trail leads is not specifically to a trail that the County had
reviewed and approved as part of the grading plan. They will go back to see if they have
any recourse on it. The City inspected the portion in the City to be sure it followed the
agreed upon alignment, but there are still some problems to be worked out. Regarding
the park, this is going through the planning process and the developer is working with
staff in terms of improvements to the park.
Mayor Murphy asked what the mechanics are to fix the trail alignment; and directed the
Community Development Director to provide an assessment by the end of the week as to
how it got to this point and where the City needs to be.
The Community Development Director reiterated they have asked the County to see if
they can go back to the developer to get them to realign the trail. Beyond that, the
Developer has met the conditions regarding compliance with the grading plan. Planning
is still working with the County and the developer to resolve the issue further.
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3. CONSENT CALENDAR (Continued)
Councilmember Coontz spoke on the Master Plan of Recreational Trails and asked if
there were any issues on this trail before now.
The Assistant City Manager stated they have just been made aware of this and will be
looking into it.
Councilmember Coontz stated with regard to the Master Plan of Recreational Trails,
there are a number of issues involving the County and staff needs to pin these issues
down with the County on a permanent basis so they do not continue to happen. It is not
always clear on who to go to and there has not been resolution on some of the issues. She
appreciated the help from staff.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the sewer agreement between the City of Orange and the City of
Anaheim and authorized the Mayor and the City Clerk to execute this Sewer Service
Agreement on behalf of the City.
FISCAL IMPACT: None. All connection and use fees will be paid by the developer.
(REMOVED AND HEARD SEPARATELY) TAPE 2040
3.11 Amendment No.2 to Consultant Services Agreement with KFM Engineering for
Professional Engineering Services for Santiago Creek Trail from City of
Orange/City of Santa Ana Boundary line to SR-55 at Palmyra Avenue.
SUMMARY: This contract amendment is needed to allow the consultant, KFM
Engineering, Inc., to provide additional engineering services to complete the
environmental documents required by Caltrans, prepare legal description, and attend
permit agency meetings and coordinate the development of the additional technical study
for the Santiago Creek Trail Project. Additional engineering services will increase the
consultant contract cost by $77,596, from $109,565 to $187,161 in contingencies on an as
needed basis as approved by the City Manager and the Public Works Director. Adequate
funding is available.
Discussion
Tom Anderson, East Orange resident, stated this project seems to be involving a huge
amount of money and asked what happened to the original Santiago Creek Trail project.
He spoke on the need for increased park and open space with interconnecting trails.
Councilmember Coontz noted the Master Plan of Recreational Trails is different from the
Bicycle Trails and is of the understanding they will be put together. She suggested Mr.
Anderson look at the map that has been put together on existing and potential trails; and
appreciates the idea of combining all the trails into one program.
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February 12,2002
3. CONSENT CALENDAR (Continued)
The Assistant City Manager stated staff has been meeting on the Master Plan of Bike
Trails and Master Plan of Riding and Hiking Trails and is formulating a map which will
be brought to the Council for review. The plan is to develop some segments of the trail
that can be implemented, as they recognize the priority of trails and open space.
Councilmember Cavecche noted this contract amount seems like a huge amount of
money for a short section of the creek and asked what is raising the amount.
The Public Works Director reported the amount is being raised due to the requirements
imposed by Cal Trans as a condition ofreceiving federal funds, such as a hydraulic study,
and the scope of the environmental review.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Amendment No.2 to KFM Engineering, Inc., to include an
increase in the amount of $77,596 plus $18,716 in contingencies and authorized the
Mayor to execute and City Clerk to attest on behalf of the City.
FISCAL IMPACT: Funds are budgeted in
available in the following accounts:
245-5011-486700-6099
245-5012-486700-6099
271-5011-486700-6099
the Capital Improvement Program and
$85,500
$21,500
$48,500
(AB 2766 Air Pollution)
(AB 2766 Air Pollution)
(Gas Tax)
(REMOVED AND HEARD SEPARATELY) TAPE 2360
3.12 Agreement for the Annexation of Unincorporated County Territory between the
County of Orange and the City of Orange.
SUMMARY: Pursuant to a request by the County of Orange, the City and the County
negotiated an agreement for the annexation of 13 unincorporated islands of territory
located within the City's corporate boundaries.
Council Discussion
Councilmember Coontz stated she had received inquiries from residents on these parcels
being considered for annexation and asked for clarification. She stated in the past there
has been confusion as to what would happen to the County islands when brought into the
City with regard to delivery of services and upgrades to streets and sidewalks
The Assistant City Manager stated this is the result of a two year process. The Local
Governmental Reorganization Act states that those cities that have County islands which
are completely surrounded by the City and are less than 75 acres can be annexed to the
City. An agreement has been negotiated with the County for annexation of the County
islands into the City and includes revenue to bring these islands up to City standards.
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February 12,2002
3. CONSENT CALENDAR (Continued)
This does not approve the annexations - it merely begins the process. This is an involved
process which includes filing and processing of maps and legal descriptions, prezoning
requirements and a public outreach program by LAFCO and the City and an opportunity
for public hearings.
It was further stated the agreement with the County includes approximately $2 million to
be used for flood control purposes, curbs and gutters and infrastructure improvements to
bring them up to City standards which will be consistent with existing neighborhoods.
Some County residents already receive City services such as street sweeping and fire and
police services through mutual aid agreements. The areas of Orange-Olive, El Modena
and Orange Park Acres are not included in this proposed annexation process.
Mayor Murphy asked about the map of Orange Park Acres which was included in the
staff report.
The Assistant City Manager noted only a .67 acre parcel at the southern tip of that map is
being considered.
Councilmember Slater stated he is glad to see the City moving forward with this, that
there are still areas to be considered in the future, but this is definitely making progress.
He asked about the County islands offFairhaven.
The Assistant City Manager noted the Fairhaven islands are not completely surrounded
by Orange and, therefore, are not included.
Speakers
Erica Lyon, 18231 Fairhaven, spoke against her property being annexed to the City and
asked what it means to be brought up to City standards.
Mayor Murphy noted the properties on Fairhaven are not included in this process, but
that the public will be given an opportunity to voice opinions at public hearings. He also
noted City standards are different depending on the surrounding area of each County
island.
Councilmember Coontz, stated that during the original attempt to bring the Fairhaven
islands into the City of Orange, the intent was not to upgrade the curbs and gutters. Some
of the residents did not want that, and there are different viewpoints on this.
Mel Vernon, 363 N. Lincoln, spoke on how codes are applied differently in various
jurisdictions.
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3. CONSENT CALENDAR (Continued)
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Approved the Agreement for the Annexation of Unincorporated County
Territory and authorized the Mayor and City Clerk to execute on behalf of the City; and
2) Authorized the City Manager to carry out and implement the agreement and to
administer the City's obligations, responsibilities and duties to be performed thereunder.
FISCAL IMPACT: There is no significant cost other than the administrative costs of
completing the annexation process through LAFCO. Revenues include the transfer of
$2,000,000 in Road funds from the County to the City and approximately $92,000 in
property taxes annually.
(REMOVED AND HEARD SEPARATELY) TAPE 2810
3.13 Agreement with Robert Kiley and Associates to serve as Consultant for the City of
Orange Community Foundation, Inc. and the City of Orange Public Library
Foundation Inc.
SUMMARY: During Fiscal Year 2000-01, Robert Kiley and Associates (RKA) assisted
staff in establishing the Orange Community and Orange Public Library Foundations.
The continued use of the services ofRKA are required through June 30, 2002 in order to
further enhance the growth and financial development of the City's two 50Ic(3)
incorporated Community and Library Service foundations.
Discussion
Councilmember Coontz stated she was pleased with the progress of the Foundations, but
asked what the work plan is for the remainder of the contract term with Robert Kiley.
She noted the Foundations have brought in $30,000 so far, and asked how much Kiley
has been paid.
The Community Services Director reported the original plan was to retain Kiley for two
years to assist with the formation of the two Foundations, and he has been instrumental in
assisting staff in establishing the membership. After the term of his agreement, which is
July I, 2002, he will be dealing directly with the Foundations and not the City. The
contract totals $48,000; and the goal of the Foundations is to raise $50,000 prior to July
I st.
Mayor Murphy noted it was his understanding that Kiley was retained for his expertise to
establish these Foundations and create something that was self sustaining. His services
would then be phased out and the Foundation members would take over and continue the
growth process.
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CITY COUNCIL MINUTES
February 12,2002
3. CONSENT CALENDAR (Continued)
Councilmember Coontz agreed it is difficult to raise money but did not want to see the
money that has been raised going to a consultant, as the Foundations would not be
moving forward. That is why she is asking for the goals. This is not a criticism of Kiley,
but in going after grants, they have to look at the money that's coming in and focus on
the goal of fundraising.
Mayor pro tern Alvarez noted it was made clear early on that it was going to take work to
establish these Foundations and they need to look at the long term commitment in trying
to produce income and fund their projects. The Foundations give the City a vehicle so
people can donate directly to a project and there may be other opportunities where a
foundation can act on behalf of a City.
Mayor Murphy stated the Council has been very supportive of the idea of putting these
Foundations together, but agreed they need a plan for the future as they want to see the
results achieved.
Councilmember Cavecche suggested Council receive a breakdown after July 1st on what
this additional $17,000 was used for, which would help the Foundations make future
decisions.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the agreement between the City and Robert Kiley and Associates in
the amount of $17,000 and authorized the Mayor and City Clerk to execute the
Agreement on behalf of the City; with a breakdown to be provided after July 1st on what
this $17,000 was used for.
FISCAL IMPACT: Sufficient funds are budgeted for FY 2001-02 in the following
account: 100-7001-426700 (Other Professional and Consulting Services) $17,000
APPROPRIATIONS
3.14 Police Department Sergeant's Office/Report Writing RoomlEquipment Room
Relocation CIP Appropriation and Funds Transfer.
SUMMARY: This request is for an appropriation of $70,297 ofFY 01-02 CLEEP funds
to Account No. 100-4011-481301-2254 (General Fund-Police Administration-State
Grants-CLEEP High Technology Grant) and a transfer of $100,000 from account 100-
4011-424101 (General Fund-Police Administration-Repairs to Building) to account 100-
4011-481200-2107 (General Fund-Police Administration-CIP Building and
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CITY COUNCIL MINUTES
February 12,2002
3. CONSENT CALENDAR (Continued)
Improvements-Police Report Writing/Sgts. Office/Equipment Room). The appropriation
and transfer is requested to consolidate the existing Report Writing Room and Sergeant's
Office to one large Report Writing Room; consolidate existing Mailbox area and
Equipment Room into a new Sergeant's Office; and relocate the Equipment Room to the
garage.
ACTION: I) Appropriated $70,297 of FY 01-02 CLEEP funds to Account No. 100-
4011-481301-2254; 2)Transferred $100,000 from account 100-4011-424101 to account
100-4011-481200-2107 to fund the Sergeants Office/Report Writing Room/Equipment
Room Relocation CIP.
FISCAL IMPACT: The City has received $70,297 in FY 01-02 CLEEP funds and
$100,000 is available in the Repairs to Building Account to cover the appropriation and
transfer.
BIDS
3.15 Bid Number 012-10 - Rejection of Bids, ADA Improvements to City Facilities
SUMMARY: The City received I bid in excess of the budgeted amount.
ACTION: Rejected the bid received for the construction of the project.
FISCAL IMPACT: Funds are budgeted and available in account 310-9645-485100-1329
ADA Improvements to City Facilities. (CDBG Funds)
3.16 Traffic Signal Improvements at 4 locations (Bid No. 012-32) - Approval of plans
and specifications and permission to advertise for bids.
SUMMARY: Plans and specifications have been completed for traffic signal
improvements at the following locations:
Katella Ave. at Cambridge St. Signal Modification
Main St. at Palmyra Ave. New Signal Installation
Serrano Ave. at Mt. McKinley Blvd. New Signal Installation
Serrano Ave. at Yellowstone Blvd. New Signal Installation
ACTION: 1) Approved plans and specifications and authorize advertising for bids. 2)
Approved purchase of signal equipment necessary to complete the project in the amount
of $58,000.00 from US Traffic Corp., as a sole source purchase.
FISCAL IMPACT: Funds for this project are available in the following signal
installation accounts:
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February 12,2002
3. CONSENT CALENDAR (Continued)
TSIP B - Katella Ave. at Cambridge St. 284-5032-485100-6119
TSIP B - Main St. at Palmyra Ave. 284-5032-483100-6060
TSIP C - Serrano Ave. at Mt. McKinley Blvd. 285-5032-483100-6192
Serrano CFD - Serrano Ave. @ Yellowstone Blvd.594-5017-485100-6075
TSIP C - Serrano Ave. at Yellowstone Blvd. 285-5032-483100-6075
TOTAL
$ 55,300.00
105,300.00
110,000.00
71,500.00
38,500.00
$380,600.00
3.17 CLAIMS
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Marijo A. Miller
b. PBe Pavers, Inc.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.18 Final Acceptance of Plaza Grinding and Overlay and authorization to file Notice of
Completion with County Recorder. (No staff report required).
SUMMARY: Project No. SP-3327-1; Bid No. 012-13, Plaza Grinding and Overlay.
Contractor: Premier Contractors, 1401 N. Batavia Suite 204, Orange, CA 92867. Job
Location: Intersection of Chapman and Glassell. Staff recommends acceptance of
improvements.
Note: Mayor pro tern Alvarez abstained on this item due to property interest.
ACTION: Accepted on-site improvements, authorized release of Fidelity and Guaranty
Insurance Company ofIowa, Bond No. FC910600022, in the amount of$65,598.71, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
(REMOVED AND HEARD SEPARATELY)
3.19 Award of Contract - Bid No. 012-28, SP-3386; TCRF
Program, Phase 1, FY 2001102 - Miscellaneous City Streets.
TAPE 3340
Street Rehabilitation
SUMMARY: The bid opening was held on January 17, 2002. Ten (10) formal bids were
received for this project ranging from $531,344.00 to $606,872.00. Silvia Construction
was the apparent low bidder. This project will rehabilitate miscellaneous City streets at
various locations throughout the City. The work will include the placement of asphalt
concrete overlays and total reconstruction, removal and replacement of failed areas of
concrete curbs and gutters, and all appurtenant work as required. This project is being
funded through the Traffic Congestion Relief Fund Program for assistance to Cities and
County Agencies for maintenance and reconstruction of public streets.
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February 12,2002
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Slater asked about the right-of-way at 150 Grant Place as it is the only
residence on this street with no curb and gutter.
The Public Works Director stated the City does not have the right- of-way in front ofthat
property. However, they will be researching this to see ifthey can get an improvement at
that property.
Mayor Murphy pointed out the streets in Orange are in good shape compared to other
cities, especially for motorcycle riders.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSTAINED - Coontz
Councilmember Coontz abstained due to a property interest on Palmdale Avenue.
ACTION: 1) Appropriated $1,281,309.00 from Fund 340 to Account 340-5011-483300-
3116.2) Awarded a contract in the amount of $531,344.00 to Silvia Construction Inc.
9007 Center Avenue, Rancho Cucamonga, CA 91730 and authorized the Mayor and City
Clerk to execute on behalf of the City; and if possible, improve that portion of the street
at 150 Grant Place.
FISCAL IMPACT: After the appropriation funds will be available in the following
account:
340-5011-483300-3116
$1,281,309 Traffic Congestion Relief Funds
3.20 Award of Contract - Bid No. 012-29, SP-3387; TCRF Street Rehabilitation
Program, Phase 2, FY 2001102 - Miscellaneous City Streets.
SUMMARY: The bid opening was held on January 17,2002. Nine (9) formal bids were
received for this project ranging from $438,927.00 to $517,449.50. Silvia Construction
was the apparent low bidder. This project will rehabilitate miscellaneous City streets at
various locations throughout the City. The work will include the placement of asphalt
concrete overlays and total reconstruction, removal and replacement of failed areas of
concrete curbs and gutters, and all appurtenant work as required. This project is being
funded through the Traffic Congestion Relief Fund Program for assistance to Cities and
County Agencies for maintenance and reconstruction of public streets.
ACTION: Awarded a contract in the amount of $438,927.00 to Silvia Construction Inc.
9007 Center Avenue, Rancho Cucamonga, CA 91730 and authorized the Mayor and City
Clerk to execute on behalf of the City.
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February 12,2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted In the Capital Improvement Program and
available in the following account:
340-5011-483300-3116
$1,281,309 Traffic Congestion Relief Funds
3.21 Award of Contract - Bid No. 001-23, Purchase of Ductile Iron Pipe and Fittings.
SUMMARY: The purchase of the 30 inch ductile iron pipe and fittings are needed in
order to relocate the water transmission main at the Hewes St. and Rancho Santiago Blvd.
intersection, thereby clearing the way for construction ofthe Hewes St. Widening Project
(S.P. 3179).
ACTION: Awarded contract in the amount of $41,661.12 to Wells Supply, 1313 E.
Hunter Ave., Santa Ana, CA 92705, the lowest responsible bidder; and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funding for this project is proposed in FY 2001/02 budget in the
following account:
600-8041-474501
$41,661.12 Water Transmission & Distribution Mains
3.22 Contract Change Order No.3; Bid No. 012-05; Project No. SP-3179, Hewes Street
Widening from Bond Avenue to Villa Park Road.
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists mostly of new sidewalk, and curb and gutter on
Riverdale Avenue from Orange-Olive Road to the Kodiak Street. The amount for this
Contract Change Order is $10,668.65.
ACTION: 1) Approved a Contract Change Order No.3 in the amount of $10,668.65 to
RJ. Noble Company for the extra work. 2) Appropriated $10,668.65 from Fund 550 to
550-5011-483300-3244 for new sidewalk, and curb and gutter construction on Riverdale
Avenue from Orange-Olive Rd. to Kodiak St.
FISCAL IMPACT: After the appropriation funds will be available in the following
account: 550-5011-483300-3244 $10,668.65 (OCTA Reimbursable Capital Project-
Riverdale Sidewalk Improvements)
3.23 Award of Bid No. 012-31, to R & M Electrical Contracting for the Installation of
Soccer Field and Parking Lot Lighting at Santiago Canyon College.
SUMMARY: Authorize award of Bid No. 012-31 to R & M Electrical Contracting in the
amount of $81,950.00 for the Installation field and parking lot lighting at Santiago
Canyon College.
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CITY COUNCIL MINUTES
February 12, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved the award of bid, No. 012-32, to R & M Electrical Contracting in
the amount of $82,950.00; and, authorized the Mayor and City Clerk to execute the
contract on behalf ofthe City.
FISCAL IMP ACT: Sufficient funds are budgeted in the following account:
510-7021-485100-9996 (Field Lighting Improvements): $88,338.00
PURCHASE OF PROPERTY
3.24 Purchase of a 10 foot wide strip ofIand at 2145 W. Chapman Avenue.
SUMMARY: This is one of the parcels necessary for the West Chapman Avenue
Widening Project. Offer was made and accepted by Jeffery Sangster, Kathleen Sangster
and Karen Lippnik.
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 2145 W. Chapman
Avenue. Purchase price is $77,692.00 plus any related escrow costs.
FISCAL IMPACT: Funds in the amount of $77,692.00 are available in the Chapman
Avenue Widening Project - Account No. 284-5011-483300-4038 (TSIP Area B).
RESOLUTIONS
3.25 RESOLUTION NO. 9545
A Resolution of the City Council of the City of Orange authorizing the repair of the roofs
of the City's Administration and Public Works buildings at 300 E. Chapman Avenue,
waiver of competitive bidding and award of contract to Scholten Roofing Service
Company for the immediate resurfacing ofthose roofs.
Approve emergency purchase order R20929 in the amount of $35,578 to Scholten
Roofing Service company for said work.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.26 RESOLUTION NO. 9559
A Resolution of the City Council of the City of Orange temporarily closing sections of
Glassell Street and Chapman Avenue immediately abutting the "Plaza" area of the
downtown business district for approved special events.
Councilmember Cavecche asked about the event dates, noting the Rotary Car Show was
on the list for April 2004.
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CITY COUNCIL MINUTES
February 12,2002
3. CONSENT CALENDAR (Continued)
The Community Development Director explained the Rotary Club starts planning this
event far in advance, so it is necessary to get an approval at this time.
MOTION - Cavecche
SECOND - Slater
AYES - Slater, Mayor Murphy, Coontz, Cavecche
ABSTAIN - Alvarez
Mayor pro tern Alvarez abstained due to property interest in the Plaza area.
ACTION: Approved.
3.27 RESOLUTION NO. 9562
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment of executive directors and top management
employees, and repealing Resolution No. 9396 and amendments thereto.
ACTION: Approved.
FISCAL IMPACT: $96,650 for remainder ofFY 2001/02. Adequate funds are available
in the non-departmental activity for transfer to the appropriate departmental salary
accounts.
3.28 RESOLUTION NO. 9563
A Resolution of the City Council of the City of Orange to begin paying and reporting the
value of employer paid member contributions to the Public Employees' Retirement
System for top management employees.
ACTION: Approved.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.10, 3.11, 3.12, 3.13, 3.19 and 3.26 were removed and heard separately. Mayor
pro tern Alvarez abstained on Items 3.18 and 3.26. Councilmember Coontz abstained on
Item 3.19. All other items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
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CITY COUNCIL MINUTES
February 12, 2002
5.
REPORTS FROM COUNCILMEMBERS
TAPE 3530
Off Agenda Items
Councilmember Coontz - provided the following report on the Eastern Transportation Corridor.
We are aware of the recent gift of The Irvine Company as a huge reserve of lands to be retained
in perpetuity. However, as we begin to unwrap the package and discern the gift, there are issues
and concerns which you may not be aware of.
The City of Orange and its constituents spent many years on the development of what is called
the East Orange General Plan, one of the largest and most specific General Plans of its kind in
existence in the State of California, and that was at the request of The Irvine Company.
Shortly after the gift was announced, the City of Orange was pleased with the news that the
residential units proposed for the plan would be cut back approximately one third. I did not
bring those numbers with me - this is a quote from what I presented to the Agency, because for
the corridor agency, my message is quite basic.
The announcement did not include the information that commercial or high tech industrial, as we
all had envision, would be built. Time has passed and new plans come along. However, the
proj ections for the ADT, or average daily trips, in the traffic model for the Eastern
Transportation Corridor included the extensive build out of East Orange.
No one on the corridor agency, or the cities represented on the agency, has brought this question
forward to date in our agency meetings.
I will translate the following into questions:
I. Is the agency addressing this issue for its effect on the traffic model, which must have been
tied to the bonding proposals - they said it was. What is the significance of this drastic change in
development plans? Will this mean a re-look at the existing traffic model? How will this affect
our financial projections?
I understood this morning from the corridor agency that yes they are going to propose at the next
corridor meeting that we look at the traffic model and probably redo it.
2. Development impact fees are an integral part of the income projections, although I remember
that the Director had indicted many times that the return never materialized into what was
expected. What is the projected financial effect oflessened development and is it significant?
Now some ofthese things would be of interest to the City of Orange, and others we may not care
one way or the other, but they are important.
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CITY COUNCIL MINUTES
February 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
3. The Irvine Company is in the process of proposing eliminating the MP AH, Master Plan of
Arterial Highways, designations ahead of our city actually getting down to cases to formalize our
desires in the reduced planning effort by the Irvine Company in their lands on the other side of
the corridor.
This is extremely important from my standpoint and it should be from everyone else's because
there is concern now in East Orange as to what will happen with the arterials and to what degree
will the change in designation to the MP AH affect the corridor financially; and is this, too, a
traffic modeling issue?
This is more of an issue directly affecting the City of Orange because of the concern I expressed
about what is going to happen when they take these arterials off or whatever they want to do with
them.
4. The alignment of the corridor and the inclusion of the West Leg were issues tied to the
original plan and successfully fought out by several cities and the Irvine Company.
The other tie-in was development timing. There was a financial cutback in building the Eastern
Corridor with the expectation that its ultimate width along with improvements to the Chapman
interchange would occur later when the build out of the East Orange General Plan occurred.
This is not the interchange that was proposed, it's cut back.
A seemingly small issue which was of great significance to existing nearby neighborhoods,
especially Santiago I, was the ultimate landscaping of the interchange which was due to change,
with Irvine Company assistance, from rural to urban landscaping upon build out. There were
questions as to whether that is going to happen.
I asked for answers to my concerns and questions. Apparently, most of the people on the
Corridor Agency are unaware of the fact that there was a TIO Pac - Tustin, Irvine, and Orange,
committee out of the East Orange toll road. We had to work with the Irvine Company, and
sometimes against them, over a long period of time. And that's going to be reinstituted with the
addition of the City of Anaheim. These are all the cities that are impacted by some of the
requests of The Irvine Company.
One of the ones I'm not too sure about as to why they're requesting it is that Jamboree be
widened in the Tustin area. Of course, The Irvine Company's initial goal was to not proceed
with the West Leg and use Jamboree instead. That could be a problem for everyone.
Apparently, the corridor agency and these cities are going to be talking together. That includes
OCTA, who is not fully apprised of the background of some of these issues. We hope they will
be and I have a meeting scheduled with the OCT A Director.
Mayor Murphy suggested Councilmember Coontz submit her comments In writing to the
Council.
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CITY COUNCIL MINUTES
February 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Cavecche - recognized Orange Police Officer Michael Streed who was
recently featured on the 20-20 television show for his work in computerized age progression. He
is an expert in this field and Orange is recognized nation wide for this program.
Mayor pro tern Alvarez - directed the City Clerk to agendize a resolution for the next Council
meeting regarding Measure V, the Peoples Initiative, which is on the March 5th ballot; and
submitted a proposed resolution. Measure V allows for citizens to fill a vacancy, should one
occur, on the Board of Supervisors.
Councilmember Coontz - noted that the A and E television station recently had a show on the
Orange antique shops.
Mayor Murphy - announced the Downtown Antique Faire is being held over Presidents Day
weekend.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 3900
6.1 Accept resignation of Wes Poutsma from the City Traffic Commission and instruct
the City Clerk to begin Maddy Act regulations.
Councilmember Coontz suggested the Traffic Commission may get more membership and public
involvement ifthe meetings were held in the evenings.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept, with regrets, the resignation ofWes Poutsma form the City traffic Commission
and instruct the City Clerk to begin Maddy Act regulations.
6.2 Investment Oversight Committee Second Quarter Report for the Quarter Ending
December 31, 2001. This report summarizes the activity of the Investment Oversight
Committee.
The City Treasurer presented the report.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed.
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CITY COUNCIL MINUTES
February 12,2002
7.
ADMINISTRATIVE REPORTS
TAPE 4040
7.1 Presentation by the City Librarian on the Library Master Plan: Update and
Development Strategy presentation by the City Librarian.
Approve agreement to provide general and conceptual design services for a new Main
Library.
SUMMARY: LPA, Inc., is being recommended for selection as the consultant to provide
general and conceptual design services toward developing a new Main Library.
Discussion
Nora Jacob, City Librarian, provided a power point presentation. She reviewed the progress on
the Library Master Plan Development Strategy, noting that more space is needed to
accommodate the growth in Orange. She reviewed the State Library Bond Act opportunities and
potential projects, stating the Main Library is recommended as the City's applicant project for
bond funding. She also reported on the upcoming community meetings.
Mayor Murphy spoke on the importance of holding ourselves accountable to a design standard
for the Downtown area; and hoped the architect would look at the neighborhood and
appropriateness of the surrounding buildings and architectural styles. He encouraged the use of
State Library matching funds and also suggested sending out notices of the community meetings
to everyone who holds a library card.
Councilmember Coontz spoke on the importance of communicating with everyone in the entire
service area and not just in the Old Towne area. She complimented the City Librarian as she has
been waiting 40 years for a new Library.
Councilmember Slater stated the architecture of this proposed library is critical and hopes an
architect will be chosen with experience in historic architecture.
Councilmember Cavecche thanked the City Librarian for moving so quickly on this project. She
suggested handing out flyers about the community meetings to people as they check out books.
She also noted the importance of a library branch in East Orange.
Mayor pro tem Alvarez stated the City needs to put on a full court press in order to get available
funding from the State.
MOTION - Murphy
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
February 12, 2002
7. ADMINISTRATIVE REPORTS (Continued)
ACTION: Approved an agreement between the City and LPA, Inc., for general and conceptual
design services toward developing a new Main Library for the City of Orange, with follow
through on the recommendations of the Council, for an amount not to exceed $65,000; and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement Program in
the following account: 500-2001-481200-9901.
8.
REPORTS FROM CITY MANAGER
TAPE 5100
8.1 Status Report on the John Wayne Airport Settlement Agreement.
The Assistant City Manager reported this resolution is consistent with the meetings they have
had with the County Supervisors, where support was expressed for Scenario 1. Scenario I is the
least onerous, in terms of impact, of the three alternatives being studied; and the Supervisors
have requested specificity in terms of a resolution.
Mayor pro tem Alvarez stated it was important to note that Scenario 1 does allow for an
expansion with certain limits. As a proponent of Measure W, he was at first hesitant to support
this. But they got together with the other corridor cities and expressed support of this alternative.
Councilmember Coontz noted this resolution will supercede the resolution adopted at the last
Council meeting on this same issue.
Mayor Murphy pointed out this resolution will be sent to the appropriate agencies, including the
County Supervisors
Councilmember Cavecche reported that she, too, was uncomfortable at first in supporting
anything that supports any expansion of John Wayne Airport. However, she understands that no
expansion is not an option and leaves them stuck with this option.
RESOLUTION NO. 9564
A Resolution of the City Council of the City of Orange requesting Orange County Board of
Supervisors' Approval of an Amendment of the John Wayne Airport Settlement Agreement
consistent with Scenario 1 of Environmental Impact Report 582.
MOTION - Murphy
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9564.
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CITY COUNCIL MINUTES
February 12,2002
9.
LEGAL AFFAIRS
TAPE 5320
9.1 ORDINANCE NO. 1-02 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the Orange
Municipal Code relating to amendments to public work contracts.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 1-02 be read by title only and same was passed and adopted by the
preceding vote.
9.2 ORDINANCE NO. 2-02 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending and revising Section 3.08.590
of the Orange Municipal Code delegating certain emergency contracting authority to the City
Manager for a public facility.
In response to questions by Councilmember Cavecche, the City Attorney reported this
Ordinance gives authority only to the City Manager and only in emergency situations; and
covers any amount of money, not just up to $30,000.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 2-02 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
The City Council recessed at 7:10 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation:
I) 99 Cents Only Stores v. Lancaster Redevelopment Agency, Amicus Request
2) Nieupointe Enterprises, LLC, et al. v. City of Orange, et aI., Orange County Superior
Court Case No. 01CC027l2
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CITY COUNCIL MINUTES
February 12,2002
11. RECESS TO CLOSED SESSION (Continued)
Did not discuss the following item
3) Inez Castro v. Orange County Sheriffs Department, et aI., Orange County Superior Court
Case No. 01CC03152
b. Public employee performance evaluation pursuant to Government Code Section 54957: City
Manager
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
12. ADJOURNMENT
MOTION - Cavecche
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 8:40 p.m. to an Adjourned Regular Meeting, February 19, 2002 at
5:30 p.m. in the Council Chambers regarding the Sanitation District 301H Waiver.
r7u~A~~~
CASSANDRA J. 1\THCART, CMC
CITY CLERK
>>r tfRlfl ~
MAYOR
PAGE 23