5/14/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 28, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 14, 2002
The City Council of the City of Orange, California convened on May 14, 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 Father Capone, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Joanne Coontz
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
Proclamation honoring National Public Works Week May 19-25, 2002; was accepted by
the Public Works Director and Public Works employees with over 30 years of service
each - Jerry Bailey, Ruben Gallegos, Bob Knaak, Dennis Schmitz, Leroy Striegel and
Bill Wagner.
Presentation was given by the Fire Chief and Director of Community and Library
Services - The City of Orange was honored as City of the Year by the Orange County
United Way for the annual 2001/2002 United Way Campaign.
Resolutions honoring retired Firefighters were presented to Bob Bradley and Dan
Gunness.
Recognition was given to Bonnie Hagan, Community Services Supervisor, recipient of
the Special Recoguition Award from the California Parks and Recreation Society.
2.
PUBLIC COMMENTS
TAPE 680
Cynthia Morgan, 4900 E. Chapman, asked for favorable consideration of a dog park at
YorbaPark.
Shawn Ward, YMCA, invited the Council and the cornrnunity to the Second Annual
YMCA Run on June Istd at 8:00 a.m.
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CITY COUNCIL MINUTES
May 14, 2002
Torn Schwabauer, 904 E. Van Bibber, spoke on a peaceful demonstration at City Hall
this past Saturday for Riad Z. Abdelkarim, a resident of Orange who is being detained in
Israel.
3.
CONSENT CALENDAR
TAPE 800
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of May 14,2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, at Shaffer Park,
summarized on Time-Warner Communications and available on the City's Website
www.cityoforange.org, 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 April 18 and 25, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting April 16,
2002 and Regular Meeting April 23, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 C.O.P.S. Expo 2002 Contract (A2100.0 AGR-1372.N)
SUMMARY: The Orange Police Department will be conducting the annual Community
Organizations and Public Services (C.O.P.S.) Expo at the Mall of Orange, Saturday, June
1st, II :00 a.m. until 7:00 p.m. and Sunday, June 2nd, II :00 a.m. until 7:00 p.m. As with
last years' event, we anticipate over 50 agency/non-profit organization participants both
inside and outside the Mall area, along with various center stage activities, including
Welcoming Ceremonies on Saturday, June 1st at 12:00 noon.
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May 14, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.
FISCAL IMPACT: None.
3.6 Agreement between the County of Orange and the City of Orange for Provision of
Gang Prevention and Suppression Services. (A2100.0 AGR-1855.J)
SUMMARY: Since 1991, The City of Orange and the County of Orange have entered
into yearly agreements that have provided the City with the services of a full-time
Probation Officer specializing in gang prevention and suppression. The Probation
Officer works in conjunction with the Police Department's Gang Unit to provide
supervision and enforcement of court orders for minors and adults on probation under the
existing policy of the Orange County Probation Department and Superior Court. The
proposed Agreement is for the period July I, 2002 through June 30, 2003.
ACTION: Approved the Agreement between the County of Orange and the City of
Orange for Provision of Gang Prevention and Suppression Services in the amount of
$97,293; and authorized the Mayor and the City Clerk to execute the Agreement on
behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2002-2003 in
account number 120-4032-426700 (Prop 172-Gangs-Other Professional & Consulting
Services).
3.7 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
(A2100.0 AGR-1626.E)
SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,
breath and urine evidence for the Police Department. The proposed Agreement is for the
period July I, 2002 through June 30, 2003.
ACTION: Approved the agreement between the City of Orange and California Forensic
Phlebotomy, Inc. in an amount not to exceed $35,000; and authorized the Mayor and City
Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Funds are budgtlted for FY 2002-2003 in the following accounts:
100-4031-426700 (Detectives-Other Professional & Consulting Services) $14,300
100-4041-426700 (Traffic-Other Professional and Consulting Services) $20,700
3.8 First Amendment to Agreement #1248.D between the City of Orange and Evan's
Gunsmithing's Shooters World (EGSW), Inc. (A2100.0 AGR-1298.E.l)
SUMMARY: The Police Department uses the facilities at EGSW for firearms training
and qualifications. The contract for these services is in an amount not to exceed $29,000.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
EGSW has been asked to repair firearms on an as-needed basis and these additional
responsibilities make it necessary to add an additional $15,000 to the original contract.
ACTION: Approved the first amendment to the agreement between the City of Orange
and EGSW in an amount not exceed $15,000, for a total contract of $44,000 for fiscal
year 01-02; and authorized the Mayor and the City Clerk to execute the amendment to the
agreement on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted in the following accounts:
100-4011-445400 (Administration-Ammunition)
100-4011-424102 (Administration-Repairs to Machines)
$ 7,000
$ 8,000
(REMOVED AND HEARD SEPARATELY) TAPE 825
3.9 Second Amendment to a consultant services agreement with LPA, Inc. to provide
additional design services for the proposed expansion of the Main Library (A200.0
AGR-3953.2)
SUMMARY: Due to additional design and administrative services that have been, and
will be, necessary to complete the conceptual design plans for the proposed expansion of
the Main Library and the related application for a state Library Bond Act funding award,
an amendment to the professional services agreement with LPA is being recommended.
Discussion
Councilmember Coontz stated she is not against this proposal but was disappointed in the
initial conceptual sketches for the proposed Library expansion. She and Councilmember
Slater were the first to view the original sketches and then some changes were prepared
for the meetings with the other Councilmembers. She understood that one of the reasons
LP A was chosen was their knowledge and experience in designing libraries. However, as
a large and respected Orange County design firm, she expected that from the beginning
the City would be working with top architects who understood the major design
categories for the historic Old Towne before the first drawings were shown.
Instead there was an assumption on the architect's part that the Council would accept a
new library design which would be a companion to the Civic Center's 1960s architecture.
However, the Council was not interested in the addition to the new Library that did not
reflect the design guidelines and the kind of buildings that are going into Orange today.
Councilmember Coontz hoped the proposed $30,000 for additional work reflects the
Council's criticisms and suggestions because without the suggestions of the Design
Review Committee, the Planning Commission, the City Council and the citizens, the
design would not have come along as far as it did. When good money is paid to an
esteemed firm, good work is expected.
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May 14, 2002
3. CONSENT CALENDAR (Continued)
This is not a criticism of staff, but she wanted to stress the importance of this project and
with the reputation of this firm, she had hoped there would have been more research done
for the original design.
Mayor pro tern Alvarez agreed with Councilmember Coontz' comments and asked staff
to clarify what this additional money is for.
Councilmember Cavecche noted the letter from the architect outlining the expenses, lists
10 meetings with Council; however, the initial briefing and the Study Session were the
only meetings she attended. She reviewed the plans prior to the Planning Commission
meeting, after it had been reviewed by the Design Review Committee, and felt
comfortable that these plans are conceptual. When it comes time for the architectural
details and the historical elements, the Council will have the opportunity to review the
plans in more detail.
The City Librarian explained the additional money is needed because there have been
more meetings than planned due to the desire to have as much public input as possible.
Additional elevations and colorized versions of the plans were prepared and staff required
assistance in filling out the bond application. She also explained there should have been
two rounds of Council briefings and one more round of briefings is planned. She pointed
out the architectural details are not clearly delineated in the conceptual designs, but that
all comments have been well noted for the schematics which are still ahead.
Mayor Murphy pointed out this is a two step process, that the preliminary drawings are
necessary to qualify for State funding and then the detail work will be approved at a later
date.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved an amendment to the consultant services agreement between the
City and LP A, Inc., for additional conceptual design services toward developing plans
and preparing a grant application for an expansion of the Main Library for the City of
Orange, for an amount not to exceed $30,440; and authorized the Mayor and City Clerk
to execute on behalf of the City.
FISCAL IMP ACT: The amount of the contract amendment is $30,440, bringing the total
agreement cost to $98,440. Funds are budgeted and available in the New Main Library
Capital Improvement Project budget in the following account: 500-2001-481200-9901.
3.10 Award Contract to Conrad Business Services, Inc. (CBIZ) for the completion of a
fixed asset inventory and valuation in an amount not to exceed $30,160. (A2100.0 AGR-
3997)
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3. CONSENT CALENDAR (Continued)
SUMMARY: The City has not performed a comprehensive, external fixed asset
inventory in several years. This contract will provide up-to-date information for
verification and inclusion in our Comprehensive Annual Financial Report (CAFR). The
scope of services for this contract will include identification, valuation and tagging of all
fixed assets, excluding infrastructure, that exceed our valuation threshold of $5,000.
ACTION: Approved the agreement to perform a Fixed Asset Inventory with Conrad
Business Services, Inc. in the amount of $30,160 and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
100-1231-427600 (Finance General Accounting-Professional Services) $30,160
APPROPRIATIONS
3.11 Mobile Command Coach Budget Appropriation. (C2500.K)
SUMMARY: This is a request that the City Council authorize the appropriation of
accrued interest in Local Law Enforcement Block Grant (LLEBG) funds and additional
Federal Asset Forfeiture funds to purchase computers, communication equipment and a
slide out walVroom extension for the command vehicle.
ACTION: Appropriated $50,000 of unreserved Federal Asset Forfeiture funds to account
355-4011-471301; $7,561.48 of LLEBG 2000 accrued interest to account 353-4011-
471301-2238; and $2,715.59 of LLEBG 2001 accrued interest to account 353-4011-
471301-2239.
FISCAL IMPACT: Funds are available in the unreserved Federal Asset Forfeiture
account as are LLEBG 2000 and 2001 interest earnings to fund this appropriation.
BIDS
(REMOVED AND HEARD SEPARATELY) TAPE 1065
3.12 Approval of plans and specifications and authorization to advertise for bids for
water damage repairs at Fire Station #7, located at 8501 E. Fort Road. (P2500.0.4)
SUMMARY: Plans and specifications have been completed for the repair of water
damage in the shower area of Fire Station #7. The estimated cost for repair is
$28,798.00.
Discussion
Councilmember Coontz stated the City has a poor track record on construction design
and inspection of new City buildings. For instance, when the additions to the Civic
Center buildings were completed, there were construction defects and a lack of quality
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
inspections. There are acknowledged design problems with the Police Department
building and the water damage referred to in this request is because the contractor who
built the Fire Station building 12 years ago failed to install water proof wallboard prior to
installing the shower tile. There have been many problems at Station 7 - this is just one
of them. As a City, we must assure that the construction designs for new or remodeled
civic buildings are practical, stand up to heavy use, meet code and are thoroughly
inspected during construction. The City has experienced leaking roofs, flooded
basements and the possibility of mold in buildings throughout the City, which is
inexcusable. The City should do a better job with inspections for its own buildings as
this is a waste of tax payers' money.
The Assistant City Manager reported there are acknowledged construction and inspection
problems with this Fire Station, but these types of problems are being addressed with
construction managers and utilizing City inspection staff.
Councilmember Coontz appreciated this information and suggested that in the future
when there are new buildings or additions, the Council needs to be informed on the
process in order to avoid these types of problems.
Mayor pro tern Alvarez stated this problem is a good example of why the City needs
construction management. The cost of construction management should guarantee good
projects that wi1llast into the future.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved plans and specifications and authorized advertising for bids for the
water damage repairs at Fire Station #7.
FISCAL IMPACT: Funds are available in account number 725-5028-481200-9809 City
Facility Improvements in the amount of$32,347.00.
3.13 Bid No. 012-39 - Rejection of Bids and Re-advertising, Police Department First
Floor Covering Remodel Project. (C2500.K)
SUMMARY: The City received three bids with only one complete bid of $152,620 from
SCS Flooring, which is $52,620 over the budgeted funds available. Review of the bids
showed that the remaining two bids omitted pricing for some or all of the three bid
addendums.
ACTION: Rejected all bids received for construction of the project, and authorized re-
advertising for bids for the Police Department First Floor Covering Remodel Project.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: There is currently $100,000 in FY 01-02 funds available in account
number 725-4011-481200-2101 (Police Department Carpeting and Flooring). After July
I an additional $50,000 will be available for this project, for a total of$150,000.
3.14 Bid No. 012-38 - Award a construction contract to Hardy & Harper, Inc. of Santa
Ana for the annual asphalt replacement project at various locations for the fiscal
year 2002-03. (A2100.0 AGR-2542.A)
SUMMARY: Specifications have been completed for the annual asphalt replacement at
various locations, and the project was advertised for bids. Four bids were received and
opened on April 4, 2002.
ACTION: Awarded a contract in the amount of $211,400.00 to Hardy & Harper, Inc. at
1312 E. Warner Ave., Santa Ana, CA 92705, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in Water Operating Fund Account
No. 600-8041-474501. The total bid amount is based upon an estimate of 12 months of
expenditures. One month of appropriation from Year 2001-02 is recommended at this
time. Funding appropriated from Year 2002-03 is recommended after July I, 2002.
600-8041-474501-0000
$17,600.00 Transmission and Distribution Mains
3.15 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Judith Heidemann
b. Linda Horton (processed March 26th)
c. Rosemary Etmund
d. Val Verde Estates MHP
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award Professional Services Contract for electrical design and construction
oversight services for Water Well No. 26. (A2100.0 AGR-3998)
SUMMARY: Well No. 26 is located within The Block At Orange complex easterly of
The Terrace Apartments at Lewis St./City Parkway West/City Boulevard West. This
contract authorizes the consultant to design, prepare electrical plans, technical
specifications, and provide oversight services for the electrical construction phase of this
project.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Awarded a contract to Carollo Engineers in an amount not to exceed
$43,200.98 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funding for this project is available in the following account:
601-8011-484101-8118 $43,200.98 Construction of Well No. 26
3.17 Final Acceptance of Bid 012-11; SP-3374 - Slurry Seal at Various Locations FY
2001-02 and authorization to file Notice of Completion with the County Recorder
(No staffreport required).
SUMMARY: Bid 012-11; SP-3374 - Slurry Seal at Various Locations FY 2001-02.
Contractor: Roy Allan Slurry Seal Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08577129 in the amount of $467,390.62, and
authorized the Mayor and City Clerk to execute the Notice ofCornpletion.
FISCAL IMP ACT: None.
3.18 Final Acceptance of Bid 012-28; SP-3386 - TCRF Street Rehabilitation Phase 1 FY
2001-02 and authorization to file Notice of Completion with the County Recorder
(No staff report required).
SUMMARY: Bid 012-28; SP-3386 - TCRF Street Rehabilitation Phase I FY 2001-02.
Contractor: Silvia Construction Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Great American
Insurance Company of Ohio, Bond No. 3419117 in the amount of $531,344.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.19 Final Acceptance of Bid 012-29; SP-3387 - TCRF Street Rehabilitation Phase 2 FY
2001-02 and authorization to file Notice of Completion with the County Recorder
(No staff report required).
SUMMARY: Bid 012-29; SP-3387 - TCRF Street Rehabilitation Phase 2 FY 2001-02.
Contractor: Silvia Construction Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Great American
Insurance Company of Ohio, Bond No. 3419116 in the amount of $438,927.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 9518 (OT2000.0)
TAPE 1200
A Resolution of the City Council of the City of Orange supporting the City of Anaheim's
request to have Caltrans add the name "Anaheim" to the thirteen existing directional
signs along the northbound State Route 55 Freeway from John Wayne Airport to the
State Route 91 Freeway.
Discussion
Councilmember Coontz reported the current directional signs on the 55 Freeway indicate
Riverside, which is over 20 miles east ofthe 55 191 freeway interchange. She had pulled
. this original Resolution until the Council had an opportunity to talk with Caltrans and
Public Works staff. From the field work done by staff, it was evident that Orange is one
of the most undersigned cities in the state, but are now successfully addressing the
addition of City Limit signs and advanced exit signs on the 55 Freeway.
The City is continuing to talk with Caltrans about City identification signs at major
offramps and major traffic generator destinations such as The Block. There continues to
be a great deal of work by the Public Works staff, but the discussions and activity will
greatly benefit the City. Anaheim has indicated they will, in turn, support the request by
Orange for additional signs. She suggested the City of Orange prepare its own resolution
to be sent to Caltrans detailing our specific requests for additional signage over and above
the ones that have already been committed to.
Mayor pro tern Alvarez questioned why Anaheim needs permission from Orange for this
request and what is driving this request from Anaheim; and noted that Caltrans has
already committed to some sign locations for Anaheim.
Councilmember Coontz stated several cities were contacted by Caltrans for their approval
of this request from Anaheim. The reason this is needed is because the directional signs
which say Riverside, which are proposed to be changed to say Anaheim, are within the
City of Orange limits. She noted that Orange will also be getting some directional and
overhead identification signs.
Mayor Murphy reiterated that the intersection ofthe 55 and 91 Freeways is in the City of
Anaheim; and the reason the City of Orange has some say about this is that some of the
Anaheim directional signs will be in Orange. He noted the new signs for Orange is a
separate issue from changing the directional signs for Anaheim.
Councilmember Cavecche commented that a great deal of the proposed Resolution deals
with proposed signs for Orange and questioned why we would need Anaheim's approval
to obtain exits signs for Orange. She spoke with Caltrans, who told her that Anaheim has
nothing to do with Orange getting signs and Anaheim's approval is not necessary.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
Mayor Murphy agreed that Anaheim's approval is not necessary for Orange to obtain
new directional signs, but Anaheim needs a resolution from Orange to move forward with
their signs. Although Orange does not need approval from Anaheim, Anaheim could
help Orange in obtaining these signs and the resolutions were proposed in a spirit of
cooperation.
The Public Works Director noted the installation of signs along the freeway is totally
within the jurisdiction of Caltrans. However, because the proposed signs are located
within the geographic jurisdiction of various cities, Caltrans felt it would be appropriate
to get resolutions from each city; and a resolution is the only form of official approval
Caltrans recognizes. He noted the proposed signs for Orange along the 55 are within the
City limits and no support is needed from any other city. However, part of the proposal
also includes sign locations on other freeways that are not within Orange's jurisdictional
boundaries and Caltrans will probably request that Orange get support for these other
signs on these other freeways.
Councilmember Slater stated that although he understands Caltrans' position on this,
there is a lot more of the 55 Freeway in Orange than in Anaheim. He noted the
directional signs along the 5 Freeway in Los Angeles say Santa Ana, which is a long way
off just like Riverside is a long way off from the 55; and these are simply directional
signs. This issue has been clouded by bringing in other sign issues for Orange. He could
not support a proposal for putting Anaheim's name on signs on a freeway that runs
through Orange. He suggested this issue be put in abeyance and Orange work on the
issues that affect Orange.
Mayor Murphy suggested continuing this item in order to separate the two issues - signs
for Anaheim and signs for Orange.
Councilmember Coontz agreed on a continuance as she did not have the opportunity to
see the Resolution ahead of time; but complimented the Public Works Director for his
work with Caltrans.
Mayor pro tern Alvarez asked for a map indicating where the locations of the signs will
be, both for Anaheim and Orange, and agreed this issue should be continued. He also
suggested Orange submit a wish list to Caltrans along with the request from Anaheim,
which may provide more emphasis to the requests.
Councilmember Cavecche stated she had driven the 55 Freeway, counting the number of
existing directional signs, and did not agree with the number of signs outlined by
Caltrans. She did not see the need to put Anaheim on directional signs on the 55, since
most people coming from John Wayne Airport would probably travel on the 5 Freeway
towards the Disneyland Resort area; and could not support this request.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Table this issue for further consideration, noting the direction and specifics
given from the Councilmembers in terms of dividing up the issues into appropriate
separate pieces, that the issues having to do with Orange and the discussion of the
Anaheim directional signage on the 55 be separate; and also incorporate the comments
that were made in terms of other desires from the Council.
3.21 RESOLUTION NO. 9599 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Walnut Avenue between Orange Street and Center Street, and the temporary suspension
of permit parking requirements within Area "An (Downtown Area) for a Special Event
from 8:00 A.M. through 7:00 P.M., May 18, 2002.
Annual Baccalaureate and Commencement Ceremonies at Chapman University.
ACTION: Approved.
3.22 RESOLUTION NO. 9602 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Canal Street on Saturday, June I, 2002, for a special event.
Orange YMCA 5K Run For Kids
ACTION: Approved.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.9, 3.12 and 3.20 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
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4.
REPORTS FROM MAYOR MURPHY
TAPE 1870
4.1 Mayor Murphy and Mayor pro tem Alvarez recommend the following actions for
Boards, Committees and Commissions:
Mayor pro tern Alvarez reviewed the following recommendations:
Audit Committee - Alternate position be changed to full-member status. Committee size be
increased to five members. Eliminate ex-officio members from the committee.
Investment Advisorv Board - Membership to be reduced to three members and add one
alternate.
Park. Planning and Development Commission - Membership terms to be increased to 4 years
and maintained as staggered terms.
Term Limits - Establish 12 years as the maximum number of consecutive years for all Boards,
Committees and Commission members, effective May 14,2002.
Council Policy:
. Reconfirm Council policy of two year terms for committee membership unless authorized by
resolution or ordinance.
. All committees to provide Council with an annual update report.
. Staggered terms to be maintained for all Boards, Committees and Commission.
. City Council to review each Board, Committee and Commission after each election. The
review to include residency, attendance, participation and a desire to continue service.
Mayor pro tern Alvarez noted it is also recommended to delete the one alternate from the
Investment Advisory Board; and he suggested that staff review the meeting time for the Traffic
Commission, which is currently 3:30 p.m.
Councilmember Coontz explained the Traffic Commission originally started out as a Bicycle
Safety Committee, and the meetings started at 3:30 p.m. so School representatives could attend
right after school. However, there is also a Cities-School Committee and many of the school
issues now come before that Committee and not the Traffic Commission.
Mayor Murphy explained the Ordinance for the Traffic Commission calls for a school
representative. This representative serves as an intermediary or contact, and does not necessarily
have to be an employee or an appointee by the School Board. Currently there is a retired School
District employee on the Commission who could fulfill this role.
Councilmember Slater agreed with the recommendations and also suggested revlewlllg the
meeting times.
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CITY COUNCIL MINUTES
May 14, 2002
3. CONSENT CALENDAR (Continued)
Councilmember Cavecche agreed with the comments on the School District issues and would be
interested in seeing how many school issues have come before the Traffic Commission in the last
year. She agreed the meeting times should be at a later time, suggesting that all committees meet
at 7:00 p.m. She expressed concern about eliminating the Council ex-officio members from the
Audit Committee as this is a very important committee and the Councilmembers should be in
attendance.
Mayor Murphy explained that by eliminating the Council ex-officio members from the Audit
Committee, it allows for more citizen input and also allows other Councilmembers to attend
those meetings, as long as there are only two Councilmembers in attendance at anyone time. It
allows more flexibility for Council attendance and gives all Councilmembers an opportunity to
attend.
Councilmember Slater pointed out that all committees are open to all Councilmembers to attend,
and by designating ex-officio members, it restricts other Councilmembers from attending.
Councilmember Coontz stated the Audit Committee was formed after the Orange County
bankruptcy and she appointed the two Councilmembers to the Committee; but agreed with the
suggestion of deleting the ex-officio members from the Audit Committee at this time.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Approve recommended actions and instruct staff to prepare resolutions and ordinances to reflect
the changes, including the change to delete the one alternate from the Investment Advisory
Board.
Councilmember Cavecche stated, for the record, that although she supports this action, she feels
it is the Council's duty, in handling the stewardship of the financial aspects of this City, that she
would like to have seen at least rotating members on the Audit Committee. She asked the
Finance Department to make sure the Council is notified of the two rneetings a year so the
Councilmembers can all rotate.
Councilmember Cavecche also pointed out the Design Review Committee includes a staff
member, and she is uncomfortable having a staff member sitting on that Committee as a voting
member. It puts that staff member in a position of conflict, having to make decisions on design
and then presenting those same projects at a Planning Commission or Council meeting; and
suggested this be looked at.
Councilmember Coontz pointed out the need for a staff support to the Design Review Committee
who understands design guidelines to make sure the Design Review Committee understands the
standards for Orange.
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CITY COUNCIL MINUTES
May 14, 2002
4. REPORTS FROM MAYOR MURPHY (Continued)
Council directed staff to investigate having the City Traffic Commission and Park Planning and
Development Commission meetings be moved to 5:30 p.m. or later; directed staff to review the
composition of the Design Review Committee with the thought of removing and replacing the
staff voting member; and come back at the first meeting in June with recommendations on these
Issues.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 2790
5.1 Mayor pro tem Alvarez - Status Report on the 301(h) Waiver for the Orange
County Sanitation District.
Mayor pro tern Alvarez reported the Orange County Sanitation District will be conducting a
special meeting on Wednesday, May 15th to discuss the 301(h) waiver issue. He cited a report
from the Orange County Sanitation District which includes a background on the activities of the
District and the different phases of the waiver study. This study is costing in excess of $5
million and will be discussed at the May 15th meeting. This meeting will be videotaped and he
will make copies of that tape available to the Council.
Council agreed they need to move forward and direct staff to prepare a Resolution in opposition
to the Orange County Sanitation District 301(h) wavier; that this should be viewed as a health
issue for the entire County; that opposing this waiver is a good message and sets the stage for the
rest of the United States; that opposing this waiver will be an economic benefit for the entire
state.
Mayor pro tern Alvarez stated the final vote on this issue will be in the Fall, around November or
December. He will research Resolutions from other cities and make them available to Staff; and
suggested contacting the local Water Districts to join the City in this effort.
Council directed staff to come back at the May 28th Council meeting with a Resolution not
supporting the Orange County Sanitation District 301(h) wavier.
Off Agenda Item
Councilmember Slater noted there were approximately 700 mottos received for the City Motto
contest and the Motto Committee will review all the suggestions and make a recommendation on
the top five to the Council at their June II meeting.
Mayor Murphy suggested the Committee also make a recommendation for their first choice.
6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
TAPE 3200
6.1 Investment Oversight Committee Third Quarter Report for the Quarter Ending
March 31, 2002. (ORI800.0.27.16)
The Finance Director presented the report.
PAGE1S
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CITY COUNCIL MINUTES
May 14, 2002
6. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Alvarez
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to receive and file.
6.2 Accept resignation of Jan Mickelson from the Community Development Block
Grant Committee and instruct the City Clerk to begin Maddy Act regulations. (OR
1800.0.8.3)
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to accept, with regrets, the resignation of Jan Mickelson from the Community
Development Block Grant Committee and instruct the City Clerk to begin Maddy Act
regulations.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 3310
9.1 ORDINANCE NO. 3-02 (SECOND READING) (A2500.0)
An Ordinance of the City Council of the City of Orange adding Section 17.10.035 to the Orange
Municipal Code and amending Section 17.08.020 to regulate temporary uses.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 3-02 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:20 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
PAGE 16
CITY COUNCIL MINUTES
May 14, 2002
11. RECESS TO CLOSED SESSION (Continued)
Employee Organizations: Orange Maintenance & Crafts Employees Association (OMCEA),
Orange Management Association (OMA), Orange Municipal Employees Association
(OMEA), Water Department Employees Association (WDEA
b. Public Employee disciplineldismissallrelease pursuant to Government Code Section 54957.
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 - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 7:40 p.m.
~~~~~;r
CASSANDRA J. THCART, CMC
CITY CLERK
ff1!.~
PAGE 17